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COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT
JOHN A WAGNER AND CHARLENE Y IBOSHI CHANGE OF ZONE APPLICATION (REZ 21- 000245)
JOHN A WAGNER AND CHARLENE Y IBOSHI have submitted an application for a
Change of Zone from a Single -Family Residential -10,000 square feet (RS -10) to a General Commercial -7, 500 square feet ( CG -7. 5) zoning district for 19,295 square feet of land. The subject property is located at 1290 Kino' ole Street, at the southwest ( Puna- mauka) comer of the
Kino ole and Lona Street intersection in Waiakea Houselots, Waiakca, South Hilo, Hawaii.
TMK: (3) 2- 2- 024: 022.
PROPOSED ACTION
1. Applicants' Request: Change of Zone from Single -Family Residential — 10, 000 square feet ( RS -10) to General Commercial — 7, 500 square feet ( CG -7. 5) zoning district for 19, 295 square feet of land. According to the Zoning Code, the General Commercial district applies to an area suitable for commercial uses and services on a broad basis to serve as the central shopping or principal downtown area for a city of a region. No CG district shall be established until there is a demonstrated need for such action and no two CG districts shall be established in such relationship to each other that they cannot act as
one center and yet are too close together to serve two distinct region. Requirements for establishing a land use in the CG district, including a list of the variety ofpermitted land uses, are shown in Section 25- 5- 110 to 118 of the Hawaii County Code, Chapter 25 Zoning Code. ( Planning Department Exhibit 1 — Zoning Code Requirements for General Commercial Districts) 2. Objectives of the Requests: The existing dwelling that is located on the subject property is currently being leased to the State of Hawai' i Judiciary Branch for general office use, which includes the Child Advocacy Program and its related activities. The State of Hawai' i has been leasing the subject property for its Child Advocacy Program general office uses and related activities since June 14, 1990. The applicant' s recent rental
agreement with the State of Hawaii is set to expire either on March 31, 2024 or within 120 days by written notice by either the tenant or landlord. The applicants are requesting to change the zoning to CG- 7. 5 in order to formalize the existing commercial use ofthe
property as general office space for the landowner' s lessee, the State of Hawai` i and to
allow for additional future land uses that are permitted in the CG District. Such change of zone will allow the landowners to continue the commercial use by future lessees and users as well as expand the pool of such users, should the current lease terminate thus
providing greater commercial options to the surrounding community including the
continued uses as general office space, as well as for potential use as a medical clinic. 3. Construction Timetable: The applicants hope to secure the County rezoning approval as soon as possible and no new construction is proposed at this time.
4. Landowner: John A Wagner and Charlene Y Iboshi.
5. Supporting Information: ( Planning Department Exhibit 2 - Change of Zone Application dated February 5, 2021) SUBJECT PROPERTY PERMIT HISTORY 6. May 10, 1990: The Planning Department issued a determination in response to a zoning inquiry for the operation of the Children' s Advocacy Center to be located on the subject property. The Planning Department made the determination with the provision that use of the subject property for the Children' s Advocacy Center was permitted as a public service use. Also, the Children' s Advocacy Center was to be the sole occupant of the
structure and the office use was not transferrable. Lastly, the applicant was to acquire Final Plan Approval from the Planning Department and any provisions to the request would require a re- evaluation. ( Planning Department Exhibit 3 — Zoning Inquiry Dated May 10, 1990) 7. June 13, 1990: Plan Approval (PA- 2604) was granted for the landowner to operate the Children' s Advocacy Center on the subject property. ( Planning Department Exhibit 4 — Plan Approval dated June 13, 1990)
8. August 15, 1990: The landowner applied for a Change of Use permit with the Department of Public Works Building Division to convert the single -family dwelling to be used as an office and was completed on October 29, 1990. While there are no records of a Certificate of Occupancy being completed, the Department of Public Works Building
Division has verified that the landowner can request a Certificate of Occupancy to be completed for the subject property at any time. STATE AND COUNTY PLANS
9. State Land Use Designation: Urban.
10. County Zoning: Single Family Residential — 10, 000 square feet ( RS- 10). 11. General Plan LUPAG Map: High Density Urban, which allows for general commercial, multiple family residential and related services ( multiple family residential —up to 87
units per acre).
12. Hilo Community Development Plan (CDP): The Hilo CDP was adopted by Resolution No. 1 on May 21, 1975, identifies the area as RS- 10 zoning for single -family residential development.
13. Special Management Area (SMA): The property is located over 1. 5 miles from the
nearest shoreline and is not situated within the Special Management Area. DESCRIPTION OF PROPERTIES AND SURROUNDING AREA
14. Subject Property: The subject, 19,295 square foot property is located at the southwest corner of the Kino`ole Street and Lono Street intersection. The property is rectangular in shape with about 228 feet of frontage along Lono Street and 82 feet of frontage along Kino` ole Street. The topography is fairly level. According to tax records there is an existing single family dwelling and detached garage on the site that was constructed in 1925. Since 1990 the subject property has been used as office space for the site of the State of Hawai`i Judiciary Branch' s Children Advocacy Program and the Planning Department issued a zoning determination letter on May 10, 1990 which allowed for the office use of the single family dwelling with conditions. 15. Surrounding Zoning/Land Uses: The property is surrounded by a mix of commercial and residential uses. To the west, across Lono Street, there is a medical office that is zoned Neighborhood Commercial ( CN- 10). To the north, across the Lono Street and Kino`ole Street intersection is a Credit Union on land zoned CG-20. Directly east, on land zoned CG- 10 is a vacant lot. There are also some scattered single -family residences along Kino`ole Street. Located mauka from the subject property and directly behind is
land zoned RS- 10 and is used by the State of Hawai` i for housing. 16. U.S. D.A. Soil Survey: The soils are classified as Panaewa- Urban land complex soils
with 2 to 10 percent slopes. The soil consists of volcanic ash over pahoehoe lava flows.
The soil is considered moderately well drained with a high runoff class. 17. Flood Zone: The property is classified as Zone " X", (Area of Minimal Flood Hazard)
according to the FEMA Flood Insurance Rate Mapping system. 18. Flora/Fauna Resources: No professional floral or faunal survey was conducted of the property due to the long-time residential use of the property and the urban character of the surrounding area. It is unlikely that rare or endangered floral or faunal resources are likely to be found within or proximate to the site.
19. Archaeological/ Historic/ Cultural Resources: No professional archaeological and
cultural study was conducted of the property because it has been developed since the 1920' s with a residence. There are no known historic sites on the property as listed on the State or National Register of Historic Places.
20. Public Access: There is no public access to the mountains or the shoreline that traverses
the property. 21. Traffic: According to the applicant, impacts to traffic and the surrounding area are minimal and the Change of Zone request will not lead to an increase in traffic. The anticipated number of future traffic to the property would not vary from the current use which has five (5) employees who work at the subject property daily with approximately four to six (4- 6) clients at one time who visit the subject property five to six ( 5- 6) times per month. However, should the change of zoning be approved, future permitted land uses in the CG zoning district may generate over fifty (50) peak hour trips. Section 25- 2- 46 ( Concurrency Requirements) of the Zoning Code requires a Traffic Impact Analysis Report (TIAR) for any land use that will generate over 50 peak hour trips.
PUBLIC UTILITIES AND SERVICES
22. Access: Access to the subject parcel is via a paved driveway from Lono Street. Lono Street is a County owned roadway that is not maintained and unimproved with the exception of the applicant' s driveway which is situated within the right-of-way. Kino`ole Street is a County owned roadway that is maintained with a 60 -foot wide right-of-way that is improved with a two lanes of pavement with four (4) foot wide concrete sidewalk
fronting the property. Based on the proposed zoning, the Department of Public Works- Engineering Division recommends that the applicant provide improvements to the subject property' s entire Kino`ole Street frontage consisting of a " full width" concrete sidewalk of ten ( 10) foot width meeting the approval of the Department of Public Works. The driveway connections shall also conform to Chapter 22, County Streets, of the Hawaii County Code. 23. Water: According to the Department of Water Supply ( DWS), the subject property is serviced by an existing 5/ 8 -inch meter, which is limited to an average daily usage of 400 gallons. County water is provided via an existing 8 - inch waterline within Kino`ole Street fronting the subject parcel. The 8 -inch waterline is capable of providing the required pressure of 2, 000 gallons per minute of water flow for fire protection for commercial
zoning. The Department of Water Supply ( DWS) will determine the appropriate water commitment deposit, prevailing facilities charge, and appropriate service lateral meter size required once the applicant provides estimated maximum daily water usage calculations for the proposed commercial land use. Lastly, DWS will require the installation of a reduced pressure type backflow prevention assembly within five (5) feet of the meter on the subject property. 24. Wastewater: According to the applicant, the subject property is currently connected to a cesspool. The subject property is accessible to the County sewer. The Department of Environmental Management ( DEM) indicates that any existing or new structure is
required to connect to the public sewer in accordance with Section 21- 5 ( Sewers) of the Hawai`i County Code. In addition, the Director of DEM may require the applicant to conduct a sewer study in accordance with the then applicable wastewater system design
standards prior to approval to connect to the County sewer system. Finally the applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require, which the sewer study may indicate are advisable for mitigation of
impacts of the proposed project.
25. Solid Waste: There is no municipal waste collection services in the County. The applicant states that solid waste will be handled at the county landfill in Hilo. Refuse collected at the Hilo landfill will be eventually transported to the West Hawai` i Sanitary Landfill.
5- 26. Essential Utilities and Services: All essential utilities are available to the property. Police and fire services are available nearby in Hilo.
AGENCIES' COMMENTS
27. Department of Public Works -Engineering Division (Planning Department Exhibit 5 April 5, 2021 Memo).
28. Department of Water Supply: ( Planning Department Exhibit 6 — April 12, 2021 Letter)
29. Department of Environmental Management: ( Planning Department Exhibit 7 — March 29, 2021 Memo)
30. Fire Department: ( Planning Department Exhibit 8 — March 19, 2021 Memo) 31. State Department of Health: ( Planning Department Exhibit 9 — April 6, 2021 Memo) AGENCIES AND ORGANIZATIONS —NO COMMENT/CONCERNS 32. Police Department; State Department of Land and Natural Resources — Engineering Division; State Department of Land and Natural Resources — Land Division. AGENCIES AND ORGANIZATIONS - NO RESPONSE 33. Department of Public Works -Building Division; Finance Department -Real Property Tax Division.
APPLICANT' S RESPONSE TO AGENCY COMMENTS 34. Letter dated April 21, 2021 from the Law Offices of Yeh & Kim to Department of Water Supply (Planning Department Exhibit 10) PUBLIC COMMENTS
None of 35. as of the date this writing. 25- 5- 108 HAWAII COUNTY CODE
c) Exceptions to the regulations for the CN district regarding heights, building site areas, building site average widths and yards, may be approved by the commission within a planned unit development. 1996, ord 96- 160, sec 2; ratified April 6, 1999; am 2005, ord 05- 155, sec 11; am 2015, ord 15- 33, sec 4.)
Division 11. CG, General Commercial Districts.
Section 25- 5- 110. Purpose and applicability. a) The CG ( general commercial) district applies to an area suitable for commercial uses and services on a broad basis to serve as the central shopping or principal downtown area for a city or a region. b) No CG district shall be established until there is a demonstrated need for such action and no two CG districts shall be established in such relationship to each other that they cannot act as one center and yet are too close together to serve two distinct regions. 1996, ord 96- 160, sec 2; ratified April 6, 1999.)
Section 25- 5- 111. Designation of CG districts. Each CG ( general commercial) district shall be designated by the symbol " CG" followed by a number which indicates the minimum land area, in thousands of square feet, required for each building site. 1996, ord 96- 160, sec 2; ratified April 6, 1999.)
Section 25- 5- 112. Permitted uses. a) The following uses shall be permitted uses in the CG district: 1) Adult day care homes. 2) Amusement and recreation facilities, indoor. 3) Art galleries, museums. 4) Art studios. 5) Automobile service stations. 6) Automobile sales and rentals. 7) Bars, nightclubs and cabarets. 8) Bed and breakfast establishments, as permitted under section 25- 4- 7. 9) Boarding facilities, rooming, or lodging houses, provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. 10) Broadcasting stations. 11) Business services. 12) Car washing, provided that if it is mechanized, sound attenuated structures or sound attenuated walls shall be erected and maintained on the property lines. 13) Catering establishments. 14) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code.
25- 104 Planning Dept Exhibit _ 1 ZONING § 25- 5- 112
15) Churches, temples and synagogues. 16) Cleaning plants using only nonflammable hydrocarbons in a sealed unit as the cleansing agent. 17) Commercial parking lots and garages. 18) Community buildings, as permitted under section 25-4- 11. 19) Convenience stores. 20) Crematoriums, funeral homes, funeral services, and mortuaries. 21) Crop production. 22) Day care centers. 23) Display rooms for products sold elsewhere. 24) Dwellings, double -family or duplex, provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. 25) Dwellings, multiple -family, provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. 26) Dwellings, single- family. 27) Equipment sales and rental yards, and other yards where retail products are displayed in the open. 28) Family child care homes. 29) Farmers markets. When the vending activity in a farmers market involves more than just the sale of local fresh and/or raw produce, plant life, fish and local homegrown and homemade products for more than two days a week, the director, at the time of plan approval, shall restrict the hours of use, maintenance and operations and may require improvements as determined appropriate to ensure its compatibility with the existing character of the surrounding area. 30) Financial institutions. 31) Group living facilities. 32) Home occupations, as permitted under section 25- 4- 13. 33) Hospitals, sanitariums, old age, convalescent, nursing and rest homes and
other similar uses. 34) Hotels. 35) Ice storage and dispensing facilities. 36) Laboratories, medical and research. 37) Laundries. 38) Light manufacturing, processing and packaging, where the only retail sales outlet for products produced is on the premises where produced. 39) Medical clinics. 40) Meeting facilities. 41) Model homes, as permitted under section 25- 4- 8. 42) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses. 43) Offices.
25- 105 25- 5- 112 HAWAPI COUNTY CODE
44) Personal services. 45) Photography studios. 46) Public uses and structures, as permitted under section 25- 4- 11. 47) Printing shops, cartographing and duplicating processes such as blueprinting or photostating shops. 48) Repair establishments, minor. 49) Restaurants. 50) Retail establishments. 51) Schools. 52) Short- term vacation rentals. 53) Telecommunication antennas, as permitted under section 25-4- 12. 54) Theaters. 55) Time share units. 56) Utility substations, as permitted under section 25- 4- 11. 57) Veterinary establishments. b) In addition to those uses permitted under subsection ( a) above, the following uses may be permitted in the CG district, provided that a use permit is issued for each
use: 1) Golf courses and related golf course uses, including golf driving ranges, golf maintenance buildings and golf club houses, provided that the property is within the state land use urban or rural district. Golf courses and golf driving ranges shall not be permitted within the state land use agricultural district unless approved by the County before July 1, 2005. 2) Major outdoor amusement and recreation facilities. 3) Yacht harbors and boating facilities. c) Residential uses in connection with the operation of any permitted use shall be permitted in the CG district. d) Buildings and uses normally considered accessory to the uses permitted in this section shall also be permitted in the CG district. 1996, ord 96- 160, sec 2; ratified April 6, 1999; am 2012, ord 12- 28, sec 13; am 2014, ord 14- 86, sec 11; am 2018, ord 18- 114, sec 11.)
Section 25- 5- 113. Height limit. a) The height limit in the CG district shall be forty-five feet, except in those areas designated in subsection ( b) below. b) The height limit in the City of Hilo shall be one hundred twenty feet. 1996, ord 96- 160, sec 2; ratified April 6, 1999; am 2002, ord 02- 88, sec 2.)
Section 25- 5- 114. Minimum building site area. The minimum building site area in the CG district shall be seven thousand five hundred square feet. 1996, ord 96- 160, sec 2; ratified April 6, 1999.)
SUPP. 6 ( 7- 2019) 25- 106 ZONING § 25- 5- 115
Section 25- 5- 115. Minimum building site average width. Each building site in the CG district shall have a minimum building site average width of sixty feet. 1996, ord 96- 160, sec 2; ratified April 6, 1999.)
Section 25- 5- 116. Minimum yards. The minimum yards in the CG district shall be as follows: 1) Front or rear yards, fifteen feet; and 2) Side yards, none, except where the adjoining building site is in an RS, RD, RM or RCX district. Where the side yard adjoins the side yard of a building site in an RS, RD, RM or RCX district, there shall be a side yard which conforms to the side yard requirements for dwelling use of the adjoining district. 1996, ord 96- 160, sec 2; ratified April 6, 1999.)
Section 25- 5- 117. Landscaping of yards. a) All front yards in the CG district shall he landscaped, except for necessary access drives and walkways, and except for the construction of one single- family dwelling and accessory buildings per lot. b) Where any required side or rear yard in the CG district adjoins a building site in an RS, RD, RM or RCX district, the side or rear yard shall be landscaped with a screening hedge not less than forty-two inches in height, within five feet of the property line, except for necessary drives and walkways, and except for the construction of one single- family dwelling and accessory buildings per lot. 1996, ord 96- 160, sec 2; ratified April 6, 1999; am 2005, ord 05- 155, sec 12.)
Section 25- 5- 118. Other regulations. a) Plan approval shall be required for all new structures and additions to existing structures in the CG district, except for construction of one single-family dwelling and any accessory buildings per lot. 6) Exceptions to the regulations for the CG district regarding heights, building site areas, building site average widths and yards, may be approved by the commission within a planned unit development. 1996, ord 96- 160, sec 2; ratified April 6, 1999; am 2005, ord 05- 155, sec 13; am 2015, ord 15- 33, sec 4.)
Division 12. CV, Village Commercial Districts.
Section 25- 5- 120. Purpose and applicability. The CV (village commercial) district provides for a broad range or variety of commercial and light industrial uses that are necessary to serve the population in rural areas where the supplementary support of the general business uses and activities of a central commercial district is not readily available. 1996, ord 96- 160, sec 2; ratified April 6, 1999.)
25- 107 NG CON P83.40 EFEB 5 2021
CHANGE OF ZONE APPLICATION
APPLICANTS: John A. Wagner and Charlene Y. Iboshi
AGENT: Thomas L.H. Yeh, Esq. and Jill D. Raznov, Esq., Law Offices of Yeh & Kim 505 Kilauea Avenue, Suite B, Hilo H196720 808) 961- 0055
PROPERTY: 0.4430 Acres ( 19,295 sq. ft.), Waiakea Houselots, 2" Series, Waiakea, South Hilo, Hawaii TMK: (3) 2- 2- 024: 022
Planning Dept. Exhibit 2 John A. Wagner and Charlente lboshi :( pplication for Change of Zone
CONTENTS
Change of Zone Application Form
Residential Rezoning Questionnaire
Background and County Environmental Report
Exhibit " A" Hawaii County Tax Plat Map 2- 2- 24
Exhibit " B" Scale -Drawn Plot Plan plus One Full Size ( 2' X 3')
Exhibit " C" Flood I Iazard Assessment Report ( FHAR)
Exhibit " D- 1" 1971 Subdivision Map
Exhibit " D- 2" Deed to Applicants as Grantees, recorded 5/ 17/ 1985 ( Liber 18645) at p. 419, with legal description of subject Property in metes and hounds
Exhibit " E" Google Earth aerial view
Exhibit " F" List of Surrounding Property Owners and Lessees of Record of parcels within 300 Feet of the subject Property as of 1/ 25/ 2021
Exhibit " Certificate of Real Property Tax Clearance, Department of Finance
Exhibit " H" State DLNR Historic Preservation Division - No -Effect Determination Request
Exhibit " I" Location Map CHANGE OF ZONE APPLICATION COH 851rp3A0 COUNTY OF HAWAII PLANNING DEPARTMENT Type or legibly print the requested information)
APPLICANT. John A. Wagner and Charlene Y. Iboshi
APPLICANT'S SIGNATURE) L, !%( %- i1! Ga w; ?... 4 ----DATE.DATE: ADDRESS: 485 Ainako Avenue, Hilo, Hawaii 96720 (
LIST APPLICANT' S INTEREST IF NOT OWNER.
LIST PRINCIPAL( S) INCLUDING NAMES OF MAIN OFFICERS: A. licant' s Representative 1:( 961- 0055 PHONE:(Bus_)(: Res )( A1pI4cant0 86 ( Fax)
LANDOWNER(S): Applicants
LANDOWNER SIGNATURE( S): Same as Applicants, above DATE: May be by letter) LANDOWNER( S) ADDRESS: Same ac above
REQUEST: RS -l0 TO CG -7. 5 Existing zoning) ( Proposed Zoning) TAX MAP KEY: ( 3) 2- 2- 024: 072
STREET ADDRESS OF PROPERTY.1290 Kino' ole Street, Hilo, Hawaii 96720
SIZE OF PROPERTY OR AFFECTED AREA( S) TO BE REZONED 19 295 Sq. Ft.
AGENT Thomas L H Yeh Esq and Jill D. Raznov, Esq., Law Offices of Yeh & Kim LLLC ADDRESS: 505 Kilauea Avenue, Hilo, Hawaii 96720
Jill Raznov Email : Idraznov@gmail. com
Jill Raznov Mobile 808 ) 961- 0055 ( TELEPHONE :(Bus.)( Res)( 8o8) 778- 8992 ( Fax)
Please indicate to whom original correspondence and copies should be sent.
Agent ORIGINAL: COPIES: Applicant ATTACHMENT
ResihenthlRezoning
PLANNING DEPARTMENT COUNTY OF HAW All
APPLICATLN FOR CHANGE OF ZONE
Ifyour requests approved, do you htEnd to subdivide the subyctland n accoriance wk the approved change of zone?
ifyes, phase answerthe mstofquest ton _ and then to queseon 3.
a. How many acres of the mquesbd ama do you intend b subda>se?
b. Into whatbtsizes?
c. ifyour mqueszis approved, appmxun ateiy how bng a Herdat ofapprovaldo you expectb subm $ yoursubdivsbn plans to the Plannng Depa ent brpmlin nary approval
Do you intend to bull houses on the newly cmaed lots?
Eyes, phase answerthe bibw sig questions:
on how in any of those bts?
Atwhatappmxin ab pthe range? House
Lots
Total
Appmxin at p+ how bng, aHer appmva lof the subdivision, wouli the fasthouse be ava>Bbb broccupancy?
If you intend to subdiiie, phase submffa pelin nary schem atb subdiisinn phn together with yourchange ofzone application ban . Ifyou have no fire plans ofsubdnrnng the subbctarea, do you intend b:
a. Sellorbase the land b someone who has fim
plans? No
S ellor base the land t som Bone who has bntaffie plans? No
S ellorbase t e land b som cone who has no phns? Yes
1, Keept? Yes
e. other Qtbase state)
Ifyou mend to do eilhera, b, orc, pease elaborate on the tend ofphns the otherpat ' has. P base, alao, bcbde i youranswerapproxinateiy how soon ager approvalofyourmzoning do you expectb hansferthe subbctland m anotherpatTy.
As explained in the accompanying Background Report, Applicants intend to lease the Property to a new lessee, once the current lease expires or is terminated, for uses consistent with CG -7. 5
zoning.
Do r:: think thatyourmquestand yourfurherplans forte brad wr11alevab the bcalhousing situation? No
How?
4. Ate them any buThings on the s'ubbctama? Yes
Tso, what lend? The existing permitted improvements include: 1) a 3, 056 sq. ft. dwelling built between 1925 and 1949 with additions and alterations from 1985 and1990; and 2) a 338 square foot detached, enclosed carport built in 1925.
whatdo you intend b do w ilh those buildings Ifyour
requests approved?
Applicants intend to keep and maintain the existing improvements for continued commercial use.
2- Is the subycthnd crunty beteg used trany agrcultualacti>dy? No
Itso, phase listthe kinds ofpmducts grown and on how Irany square l etoracres ofland pe rpmduct
To yourictow hdge, has them been any tbodng and/ or damage pmbhm on the subyctama? No
Ifso, phase descrbe the pmbhm .
Do you think that the mads badhg t the subyctarea needs m psvem No
Irso, w hatkind?
Is the mad adequate brthe proposed naffs vobm e orbad?There have been no traffic issues during the approximately 30 years of Adeuuate existing use under the Lease with the State. W hatsorrorgovemm enmrasssmnce ann/ arm psvem encs do you nelw iIlbe needed in the subycta ma when devebped?
yes ILD
Schools XX
Roads XX
Sewer XX
D ravage XX
poli -e P mtect on XX Yes He
Fie Pro@clim XX
9. RecreatlonalFacllt s XX
a. Pubk Utatas XX
other XX
Forthose checked ' yes,' pase elaborate whattgpe orkinds of m pmvem ents andhrassstance am needed.
The Property is currently served by a cesspool. Applicants are in the process of obtaining estimates to connect to the Hilo municipal sewer system.
5 i]natWh: John A. & Charlene Y. oshi do Law Offices of Yeh & Kim Address: 505 Kilauea Avenue, Hilo, Hawaii 96720
Tehphone : 808961- 0055
Dale: 1.177/' a '
6337Ab0A
PD . 5/ 84 John A. Wagner and Charlen'' Iboshi 4plication for Change of Zone
APPLICATION FOR CHANGE OF ZONE
Background and County Environmental Report
A. SUBJECT REQUEST - Details of Proposed Use/ Development
1. Project Description
Applicants and owners, John A. Wagner and Charlene Y. Iboshi, husband and wife, ( hereinafter Applicants"), request a change of zone (" COZ") from Single -Family Residential District, required minimum building site of 10, 000 square feet (" RS -10") to General Commercial District, required minimum building site of 7, 500 square feet (" CG -7. 5"). The subject property (" Property" or " Subject Property") is approximately 19, 295 square feet ( or 0. 4430 acres) in land area. This COZ request will formalize the existing and planned commercial use of the Property as general office space by Applicants' Lessee, the State of Hawaii. Such formalization would allow Applicants to continue the commercial use by future lessees and users as well as expand the pool of such users should the current lease terminate pursuant to its terms or expire and not be renewed ( the " Project"). Thus, the Project would provide greater commercial options to the surrounding community, including for continued use as general office space, as well as for potential use as a medical clinic, as supported by the General Plan.
The Property is located on the mauka (west) side of Kino' ole Street at the south west corner of Lono Street, between the through streets of West Lanikaula and Mohouli, and is identified as Tax Map Key (" TMK") No.: ( 3) 2- 2- 024: 022, Waiakea, South I lilo District. Hawaii, bearing a street address of 1290 Kino' ole Street. See Hawaii County Tax Plat Map 2- 2- 24, attached hereto as Exhibit " A". Pedestrian access to the Property is from Kino' ole Street. Driveway access is from a 10 -foot -wide, asphalt -paved driveway located at the Lono Street right of way ( R -O -W) west of Kino' ole, a 60 -foot wide R -O -W.
Lono Street, east of the Property, is an improved county -owned right- of-way which runs east and west between Kin& ole and Kilauea Streets. West of the Property, Lono Street is depicted as a paper road on the Hawaii County Tax Nat Map. which street terminates at and also forms part of a larger parcel owned by the State of Hawaii, identified as TMK No.: ( 3) 2- 4- 056: 028. The mauka intersection of Lono and Kino' ole Streets ( at the northeast corner of the Property) is improved with curbs, gutters, sidewalks, pedestrian crosswalk striping and an adequate turn -around section. See Photo No. 3, below.
Applicants purchased the Property on May 7. 1985. At that time, the Property was improved with a 3, 056 square foot, two-story, three- bedroom, two -bath permitted residence, built between 1925 and 1949, which still exists and is in use today. A permitted. detached 338 square -foot enclosed carport, also built in 1925, is located about ten feet mauka and north of the main dwelling. This enclosed carport faces, and provides access to and from, Lono Street. A detached low rock wall separates the raised front yard from the sidewalk fronting Kino' ole street.
In 1985, Applicants undertook permitted electrical alterations on the dwelling ( Permit No. E1166240), which were completed on June 13, 1985. There are no other improvements on the Property, except those made by the present lessee, as noted below; and no additional improvements are planned or proposed at this time or in conjunction with this COZ request. 9
John A. Wagner and Charlerirtboshi 7Cpplication for Change of Zone
The Property features mature landscaping consisting of:
Front yardfacing Kino' ole Street— Coconut and fan palms, various Ti plants, Hapu' u tree ferns and miscellaneous ferns, located in a large planting bed fronting the dwelling: and tall palms and ferns in planting beds at the northern front corner of the Property. The remainder of the large front yard is grassy lawn capped by a low, two -foot rock leading to the lower sidewalk, accessible by a built- in stairs. A paved walkway leads from the sidewalk and stairs across the front lawn to the main entrance of the dwelling.
Side yardfacing north— The Property is buffered from its northerly neighbor TMK No. ( 3) 2- 2- 023: 009, owned by Dr. Douglas H. and Jae Yu Yamashita, in use as a medical office, zoned CN -20) by Lono Street and the paved driveway thereon, a narrow lawn ( maintained by Applicants) on the Lono Street R -O -W. and false olive trees and a low hedge on the front southern corner of Parcel 009.
Side yardfacing south— The Property is buffered by a fence running along the perimeter with its southern neighbor (TMK No. (3) 2- 2-24: 021, owned by the Alice L. Shiroma Trust, zoned RS -10). A few tall coconut palms are located near the front southern corner ofthe Property along the fence.
Back yard—This area features several citrus, false olive and avocado in a small orchard -like setting. The Property is screened from its western neighbors ( TMK No. ( 3) 2- 4- 056: 020. owned by the State of Hawaii and leased, along with TMK No. ( 3) 2- 4- 056: 0214, to the Hilo Arc Housing Corp., zoned RS -10) and also from the L-shaped undeveloped parcel behind Lono Street ( TMK No.: ( 3) 2- 4- 056: 028, owned by the State) by many tall invasive trees ( African Tulip, Gunpowder. Umbrella. etc.) interspersed with mango, avocado and Kukui nut.
The Property is currently leased to the Judiciary ofthe State of Hawaii ( the " Judiciary") for general office use, including all activities of the Child Advocacy Program. pursuant to a Rental Agreement, dated April 17, 2019. This Agreement commenced on May 1, 2019 and is set to expire either on March 31. 2024 or upon 120 days written notice by either tenant or landlord.
The Judiciary began leasing the Property from Applicants, for the same uses as it is in today, pursuant to a Lease Agreement. dated June 14, 1990, recorded in the State of Hawaii, Bureau of Conveyances as Doc. No. 91- 018421. Thereafter, the lessees undertook permitted electrical and building additions, including electrical rewiring, renovations to the lower level, and the installation of new air- conditioning ( Permit Nos. 6901631 and 901730). which work was completed on October 29 and 31, 1990, respectively. Currently, the dwelling accommodates only the one large office space for Applicants' current lessee, which occupies both floors; however, sufficient space exists to accommodate up to three offices total.
Recent photos of the Property follow:
4 John A. Wagner and Charlen, iboshi Application for Change of Zone
Front ofdwellingfacing Kino' ole Street
Photo No. 2
Paved driveway over Lono Street R -O -W leading to parking areas along north side ofdwelling andfronting detached carport)
5 John A. Wagner and Charlent iboshi i vplication for Change of Zone
Photo No. 3
Improved western intersection of Lono and Kino' ole Streets at the Property' s northern boundary)
Photo No. 4
Looking northeast towards TMK No. ( 3) 2- 2- 023: 009 and grassy area on Lono Street R -O -W
6 John A. Wagner and Charlent iboshi ypplication for Change of Zone
Photo No. 5
Private driveway over Lono Street R -O -W looking west towards detached carport)
Photo No. 6
IiIIIIIIL'llllllhll! 211
View ofback ofdwelling and detached carport, facing east)
7 John A. Wagner and Charlen.. iboshi IApplication for Change of Zone
Back ofProperty facing north)
Photo No. 8
Back of Propertyfacing south)
8 John A. Wagner and Charlene iboshi application for Change of Zone
Photo No. 9
Looking southwest towards TMK No. ( 3) 2-2- 24: 021)
Photo No. 10
Rock wallfronting Kino' ole Street and water meter cover located in sidewalk)
9 John A. Wagner and Charlen"' fboshi af(tplication for Change of Zone
2. Statement of Objectives and Reasons for the Request
Applicants propose to rezone the Property from Single -Family Residential District, required minimum building site of 10, 000 square feet ( RS -10) to General Commercial District, required minimum building site of 7, 500 square feet (CG -7. 5). See Scale -Drawn Plot Plan, attached as Exhibit B", hereto. The COZ to CG -7. 5 will formalize the current commercial use. which will also allow future commercial use in conformity with the High Density Urban classification under the General Plan' s Land Use Pattern Allocation Guide ( LUPAG).
3. Number of Acres/ Square Feet
The Property is approximately 19, 295 square feet (or 0.4430 acre) in land area.
4. Proposed Units/ Lots/ Floor Area of Proposed Building Envelope
The existing building envelope consists of a 3, 056 square foot permitted residence and a 338 square -foot detached. enclosed carport. The total structural footprint of the two-story residence is 1, 791 square feet. See Scale -Drawn Plot Plan, Exhibit "B". hereto. Currently, the dwelling accommodates only the one large office space for Applicants' current lessee, which occupies both floors; however, sufficient space exists to accommodate segregated office spaces. The enclosed carport is used for storage only at this time. Applicants have no plans to construct additional structures on the Property or to subdivide the Property.
5. Timeframe and Cost.
It is estimated that the COZ process will take four to six months. No construction costs are projected at this time.
6. Membership Size/ Number of Employees and Clientele
Membership size is not applicable to the current request.
Applicants' lessee, the Judiciary. currently employs approximately five ( 5) persons who work at the Property daily. The Judiciary' s clientele consists of approximately four to six (4- 6) people at any one time, who visit the property approximately five -to -six ( 5- 6) times per month. Applicants' COZ request, to fomtalize and conform the existing office use, is not expected to materially increase the number of employees and clientele present at the Property on a daily, weekly or monthly basis.
7. Parking Arrangement.
The Property offers ample parking for Applicants' current lessee. its employees and clientele. including four (4) parking spaces in the main parking area on the north side of the dwelling, which includes one ( 1) handicap accessible space and an access zone, two -to -three ( 2- 3) spaces fronting the detached, enclosed carport and two (2) spaces inside the carport, if utilized for parking. All parking is accessed via the paved driveway from the Lono Street R -O -W off of Kino' ole Street. There is also an additional one -to -two ( 1- 2) street parking spaces on the shoulder of Lono Street fronting Kino' ole
10 r John A. Wagner and Charlen'tlboshi : tf plication for Change of Zone
Street. See Photos No. 2 and No. 3. above. The subject request is not expected to change or materially affect the current parking arrangement.
8. Traffic Impacts
Assessment of Existing Traffic Conditions
The Property is located on the mauka side of Kino' ole Street and is accessed from the private driveway situated on the western side of Lono Street, a dead- end road at this section. The speed limit on Kin& ole Street from 1 laihai Street to Ponahawai Street, including the section where the Property is located. is 35 miles per hour. See Hawaii County Code § 24- 257( c). Kino' ole Street is considered an arterial or collector street, handling traffic moving from one part of South Hilo to another. See County of Hawaii General Plan, amended June 2014 ( hereinafter " General Plan"). at Sec. 13. 2. 5. 2. 1. High traffic volumes are not indicated at any times on this section of Kino' ole Street. There are several other through streets in the vicinity to accommodate traffic, including Kilauea, Kapiolani and Komahana Streets and Highway 11. This section of Kino' ole Street is currently improved to present standards and features curbs, gutters and sidewalk improvements and a 60 -foot wide R -O -W, per consultation with the Hawaii County Department of Public Works.
Anticipated Increase in Traffic
The instant COZ request is not anticipated to lead to any material increase in traffic. The anticipated number of future users of the Property, if this COZ request is approved, would not vary significantly from the current use.
Potential Impacts from Proposed Use
The proposed COZ is not expected to adversely impact or add to traffic along Kino' ole Street in the vicinity of the Property.
9. Other Related Information.
Applicants have no other related information at this time.
10. Proposed On- site and Off-site Infrastructure
The Property is currently served by HELCO and is connected to the main overhead power lines located along Kino' ole Street. No additional connections are being sought or are required with this COZ request.
County water is available from existing Department of Water Supply (" DWS") water lines serving the area. The meter is located in the sidewalk fronting the property and Kino' ole Street. See Photo No. 10, above. No additional usage or increased usage is sought or required with this COZ request. However, if Applicants were to seek additional capacity in the future for a two -lot subdivision, DWS has confirmed the availability of such capacity.
11 John A. Wagner and Charlent tboshi ' Application for Change of Zone
The Property is currently served by a cesspool located in the northwest area of the Property. Applicants understand that connection to the Hilo municipal sewer system will be required as a condition of COZ approval and are currently in the process of obtaining estimates from a plumber and Department of Health permits for this work. Applicants plan to connect to the municipal sewer system via the sewer lines located along Kino' ole Street.
B. CONFORMANCE WITH STATE/ COUNTY PLANS
2. State Land Use Designation
The Property and surrounding areas are situated within the Urban Land Use District. The subject application is intended to support Applicants' request to rezone the Property. consisting of 19, 295 square feet ( or 0. 4430 acres) from Single -Family Residential District, required minimum building site of 10, 000 square feet ( RS -10) to General Commercial District, required minimum building site of 7, 500 square feet ( CG -7. 5). See Figure 1 ( Property highlighted in yellow).
Figure 1: State Land Use District Boundary Map
Designation: Pink Urban
3. Coastal Zone Management
The proposed Project is not contrary to the Coastal Zone Management Program. as contained in Chapter 205A. Hawaii Revised Statutes (" I -IRS"). The Property is not situated within the County' s
12 John A. Wagner and Charlen iboshi Application for Change of Zone
Special Management Area (" SMA") and does not have frontage along the shoreline. Thus, the instant request does not propose any development that will have substantial adverse environmental or ecological effects. Applicants' request is therefore consistent with the objectives, policies and special management area guidelines of HRS. Chapter 205A and the Planning Commission ( PC) Rules.
Applicants' request and proposed use will not materially affect any existing public access, scenic or open space resources, coastal view planes or coastal ecosystems.
4. Applicable Goals/ Policies and Objectives of the General Plan.
The proposed rezoning conforms to the following applicable goals, policies and objectives of the General Plan.
a. Economic
Goals
a) Provide residents with opportunities to improve their quality of life through economic development that enhances the County' s natural and social environments. b) Economic development and improvement shall be in balance with the physical, social, and cultural environments of the island of Hawaii.
d) Provide an economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County' s cultural, natural and social
environment.
t) Strive for diversification of the economy by strengthening existing industries and attracting new endeavors.
h) Promote and develop the island of Hawaii into a unique scientific and cultural model, where economic gains are in balance with social and physical amenities. Development should be reviewed on the basis of total impact on the residents of the County, not only in terms of immediate short run economic benefits.
Policies
h) The land, water, air, sea, and people shall be considered as essential resources for present and future generations and should be protected and enhanced through the use of economic incentives.
Identify and encourage primary industries that are consistent with the social, physical, and economic goals of the residents of the County. Encourage active liaison with the private sector with respect to the County' s requirements for establishing businesses on the island.
3 John A. Wagner and Charlene" fboshi Splication for Change of Zone
o) Promote a distinctive identity for the island of Hawaii to enable government, business and travel industries to promote the County of Hawaii as an entity unique within the State of Hawai1. p) Identify the needs of the business community and take actions that are necessary to improve the business climate.
x) Encourage the health/ wellness industry. y) Encourage new industries that provide favorable benefit -cost relationships to the people of the County. Benefit -cost relationships include more than fiscal considerations.
Discussion:
With Hilo' s projected population growth. there continues to be a need for additional office space and medical clinics in East Hawaii. The instant Project accomplishes this goal with formal approval of the existing commercial use of the Property by the State Judiciary, by expanding the pool of potential lessees / users of the Property and the types of businesses which can legally operate there. The requested use for general office space or potentially, a medical clinic is consistent with the character of the neighborhood and the HDU designation under the LUPAG.
b. Flooding and Other Natural Hazards:
Goals
a) Protect human life. b) Prevent damage to man- made improvements.
c) Control pollution. d) Prevent damage from inundation.
e) Reduce surface water and sediment runoff t) Maximize soil and water conservation.
Policies
c) Update and improve the Flood Insurance Rate Maps and other flood maps in compliance with the National Flood Insurance Program ( NFIP) as needed.
d) Any development within the Federal Emergency Management Agency flood plain must be in compliance with Chapter 27.
g) Development -generated runoff shall be disposed of in a manner acceptable to the Department of Public Works and in compliance with all State and Federal laws.
Q) The County and the private sector shall be responsible for maintaining and improving existing drainage systems and constructing new drainage facilities.
q) Consider natural hazards in all land use planning and permitting.
14 John A. Wagner and Charlefre4boshi tap plication for Change of Zone
Discussion:
The Property is situated within Flood Zone " X", which is an area determined to be outside ofthe 0. 2% annual chance floodplain. No base flood elevations or depths are shown within this zone. See Flood Hazard Assessment Report ( FI IAR), attached hereto as Exhibit " C". During the period of Applicants' ownership, since 1985, flooding has not been an issue.
According the General Plan, the urban commercial district of South Hilo, in which the Property is situated, " has displayed amazing recuperative abilities" from tsunamis and runoff from higher elevations ( General Plan, § 5. 5. 2) and has also gained more protection from these events with the completion of the Waiolama Canal in 1924 and the Ponahawai Storm Drain System in 1926. Thereafter, the Alenaio Stream Flood Control Project, completed in 1998, " mitigated much of the flooding that occurred in the Alenaio flood plain", which includes all of downtown Hilo except for the northern section of the business district. N.
c. Natural Resources and the Shoreline:
Goals
a) Protect and conserve the natural resources from undue exploitation, encroachment and damage. b) Provide opportunities for recreational, economic, and educational needs without despoiling or endangering natural resources.
d) Protect rare or endangered species and habitats native to Hawaii.
f) Ensure that alterations to existing land forms, vegetation, and construction of structures cause minimum adverse effect to water resources, and scenic and recreational amenities and minimum danger of floods, landslides, erosion, siltation, or failure in the event of an
earthquake.
Policies
g) Promote sound management and development of Hawaii' s land and marine resources for potential economic benefit.
p) Encourage the use of native plants for screening and landscaping.
u) Ensure that activities authorized or funded by the County do not damage important
natural resources.
15 John A. Wagner and Charlen4"fboshi 7t1plication for Change of Zone
Discussion
The Property is not situated on or near the coast; and the proposed Project is not anticipated to have any significant impact on shoreline resources. The site is not likely to be a habitat for any federally or State listed candidate or proposed threatened or endangered plant or animal species due to a history of residential and urban use and related disturbance. There are no identified important or significant natural resources on the Property. Thus, the proposed change of zone will not have a significant effect on any identified natural resources or the shoreline.
d. Historic Sites
Goals
a) Protect, restore, and enhance the sites, buildings, and objects of significant historical and cultural importance to Hawaii. b) Appropriate access to significant historic sites, buildings, and objects of public interest should be made available.
Policies
c) Require both public and private developers of land to provide historical and archaeological surveys and cultural assessments, where appropriate, prior to the clearing or development of land when there are indications that the land under consideration has historical significance.
Develop a continuing program to evaluate the significance of historic sites.
All new historic sites placed on the State or Federal Register after the adoption of general plan shall be included in the General Plan.
Discussion
The 3, 056 square foot, two-story, permitted residence on the Property was initially constructed in 1925 and completed in 1949. This dwelling is still existing and in use today by Applicants' lessee. A detached, enclosed carport totaling 338 square feet was also built in 1925 and is still in use today. While these improvements are over 50 years old. and therefore considered " historic property" under Hawaii Revised Statutes, 6E-2, the Property is not listed on the National or State Register of historic places. is not recognized or nominated for any historical significance, nor are Applicants interested in listing the Property as such. Applicants do not, however, have any plans to alter the historic character of the dwelling and other improvements with this COZ request.
e. Land Use— General Overyiew
The Property is located in the Urban District under the State Land Use Law established by the Land Use Commission. The General Plan generally defines these lands as those " in urban use
16 John A. Wagner and Charlet tlboshi retplication for Change of Zone
with sufficient reserve to accommodate foreseeable growth", and which comprises approximately two per cent of the Island' s total land area. General Plan, § 14. 1. I.
The Land Use Pattern Allocation Guide ( LUPAG) Map designates the Property and the surrounding vicinity as High Density Urban, defined as suitable for the following uses: general commercial, multiple family residential and related services. Id. Urban centers, such as where the Property is situated, are purposefully concentrated for the permitted uses " so that the total activities of the community can be more readily and easily conducted." Id. The General Plan provides that improvements to, and development of such centers should be focused on expanding efficiency, livability and safety while encouraging growth by renewing the old and extending what is existing. Id
Goals
a) Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural. and physical environments of the County. r
Policies
a) Zone urban- types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. b) Promote and encourage the rehabilitation and use of urban areas that are serviced by basic community facilities and utilities. c) Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County.
0 Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment.
s r
1) Encourage urban development within existing zoned areas already served by basic infrastructure, or close to such areas, instead of scattered development.
Discussion
The instant request conforms to the general land use goals and policies. The proposed Project will contribute towards improving and developing this High Density Urban area in South Hilo by expanding efficiency and livability, in keeping with the character of the surrounding community. Such growth appropriately extends existing development in conformity with the General Plan and should be encouraged where it enhances the physical environments of the County by meeting the balanced needs of the community.
Moreover, the standards for such development are appropriately met with respect to General Plan designation, district goals, regional plans, State Land Use District and are compatible with adjacent zoned uses, availability of public services and utilities, access, and public needs. See General Plan, § 4. 1. 4( b).
17 John A. Wagner and Charlenb''fboshi 1t plication for Change of Zone
f. Land Use — Commercial
Goals
a) Provide for commercial developments that maximize convenience to users. b) Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods.
Policies
b) Commercial facilities shall be developed in areas adequately served by necessary services. such as water, utilities, sewers, and transportation systems. Should such services 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. c) Distribution of commercial areas shall meet the demands of neighborhood. community and regional needs.
0 The development of commercial facilities should be designed to fit into the locale with minimal intrusion while providing the desired services. Appropriate infrastructure and design concerns shall be incorporated into the review of such developments. g) Applicable ordinances shall be reviewed and amended as necessary to include considerations for urban design, aesthetic quality and the protection of amenities in adjacent areas through landscaping, open space and buffer areas. h) Require developers to provide basic infrastructure necessary for development.
Discussion
South Hilo is considered one of the Island' s two major commercial centers. General Plan, 14. 3. 5. 2. 1 Neighborhood commercial centers, including where the Property is located, are just one part of this mix, which also includes the downtown business district and several shopping center complexes. Allowing such neighborhood commercial centers to expand fits within the LUPAG designation of the General Plan. Such expansion also alleviates the concentration of commercial development, and its attendant parking deficits and traffic density, in shopping center complexes and surrounding office developments and the Downtown Hilo central business district. The Property is also located near the University of Hawaii facilities and community, which has a continuing need for expanded commercial services in proximity to the campus.
Approval of the instant request meets the neighborhood, community and regional needs; fits within the locale with minimal intrusion, while providing desired services; maximizes convenience to users; and complements the overall pattern of transportation and land usage within the Island.
18 John A. Wagner and Charlene iboshi / Application for Change of Zone
5. General Plan Designation ( I, UPAG Map):
The Property is designated High Density Urban on the LUPAG Map. The General Plan defines the High Density Urban LUPAG classification as the following: High Density: General commercial, multiple family residential and related services. See figure 2, below (Property marked with an " X").
Figure 2: LUPAG Map
324001024
3240560, 4
324056030
Designations: Red High Density Urban Lands Yellow Low Density Urban Lands Green Open Space
The proposed Project is consistent with the HDU designation. The requested COZ will reconcile the Property' s existing office space use and expand the pool of future, potential lessees, maintaining the economic viability of the Property.
6. County Zoning
The Property is currently zoned RS -10 ( see Figure 3 below; Property marked with an " X").
19 John A. Wagner and Charlene Iboshi Application for Change of Zone
Figure 3: Zonin M
Designations: Yellow RS -10 Light Pink CN -20
Dark pink CN -10 Salmon CG -7. 5 Dark Burgundy CG -20 Light Burgundy CG -10 Tan RD -3. 75 Grey ML -20 Light Green RCX-20 Light Brown RM -1 Dark Green Open Space
7. Community Development Plan
There is no current Community Development Plan (" CDP") adopted for Hilo or South Hilo. The Hilo CDP, adopted in 1975, is severely outdated and inapplicable to this COZ Application.
8. Special Management Area
According to the Special Management Area Rules ofthe County of Hawaii, it is the State policy to preserve, protect, and where possible, to restore the natural resources of the coastal zone of Hawai` i. Therefore, special controls on development within the area along the shoreline are necessary to avoid permanent loss of valuable resources and the foreclosure of management options, and to insure that adequate public access is provided to public -owned or used beaches, recreation areas, and natural reserves, by dedication or other means.
20 John A. Wagner and Charlen4Kboshi Alfiplication for Change of Zone
The proposed Project is consistent with the above policies and developmental controls. The Property is not situated within the SMA and does not have frontage along the shoreline. Thus, Applicants' request will not materially affect existing public access, scenic or open space resources, coastal view planes or coastal ecosystems and does not propose any excluded use, activity. or operation which may have a cumulative impact, or a significant or substantial adverse environmental or ecological effect on the SMA. No construction affecting shoreline views is proposed. The instant request does not conflict with FIRS § 205A ( Coastal Zone Management) and is consistent with the objectives, policies, and guidelines of that Chapter and as enacted by the legislature.
C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA
Physical Characieristics/ Environmental Setting
9. Description of Subject Property, Location, Climate, Topography, Slope, Soils ( including size, shape, existing structures)
9. 1 Location
The subject Property is located on the mauka ( west) side of Kino' ole Street at the south west corner of Lono Street, between the through streets of West Lanikaula and Mohouli. The Property address is 1290 Kino' ole Street, Hilo, Hawaii. See Exhibit " A", Hawaii County Tax Plat Map 2-2- 24. A Google Earth map showing an aerial view of the Property is attached hereto as Exhibit " E". A location map is attached as Exhibit "I". The parcel has approximately 19, 295 square feet ( or 0. 4430 acre) in land area. The shape of the parcel is a rectangle. Existing structures including a 3, 056 square foot. two- story, permitted residence, built between 1925 and 1949, which still exists and is in use today; and a detached, enclosed carport totaling 338 square feet also built in 1925.
Surrounding land uses include residential, neighborhood commercial, general commercial, and double -family and multi -family residential. Although the immediate and surrounding vicinity of the Property is zoned residential. neighborhood commercial, and general commercial, the entire surrounding vicinity is classified Urban on the SLU map and designated I IDU on the LUPAG.
9.2 Climate
The elevation of the Property is approximately 29 meters or 95 feet above mean sea level. The mean annual rainfall of South Hilo is approximately 134 to 173 inches. See Online Rainfall Atlas of Hawaii at http:// rainfall. geography.hawaii. edu/ rainfall.html. Yearly rainfall in Hawai' i is also affected by the occurrence of El Nihos and La Nines, both of which contribute to large year-to- year variability in rainfall. Id. Most experts agree that global warming is also leading to an overall slow decline in Hawaii rainfall. which is predicted to continue and lead to more frequent droughts throughout this century. Id.
The average high temperature in Hilo is 79° F in the winter and 83° F in the summer. The average low temperature ranges from 64° F in winter and 69° F in summer.
21 John A. Wagner and Charlefre lboshi 7t plication for Change of Zone
9. 3 Topography, Slope and Soils
The topography of the Property is relatively flat nearest Kino' ole Street with a mild upward slope in the mauka direction.
10. Lava Hazard Zone
The United States Geologic Survey (" USGS") classifies the Property as Lava Flow Hazard Zone 3 on a scale of descending risk. 9 being the lowest risk and 1 being the highest.
11. Distance from Coastline
The Property is approximately 1. 5 miles from the nearest coastline situated at Hilo Bayfront Park.
12. Agricultural Lands of Importance to the State of Hawaii (" ALISH") Designation
The subject Property is not classified as ALISH, Prime or Unique Agricultural Land.
13. USDA Natural Resources Conservation Services Soil Service Report soil type
The Soil Survey Report classifies the Property' s soil as: 50 percent Panaewa and similar soils: 40 percent urban land; and 10 percent minor components. Panaewa soils are classified as ash fields on pahoehoe lava flows with a parent material of basic volcanic ash. The typical profile consists of very cobbly hydrous loam ( 0 to 4 inches), extremely stony hydrous loam ( 4 to 16 inches) and bedrock ( 16 to 26 inches). The properties and qualities of this type of soil include: moderately well drained; zero frequency of flooding; occasional frequency of ponding; and very low available water capacity ( about 2. 8 inches).
14. Land Study Bureau (" LSB") Soil Rating The Property is classified as productivity rating D or E, which is the lowest productivity rating. according to the Land Study Bureau of the University of Hawaii.
15. Flood Insurance Rate Map (" FIRM") Designation
The FIRM Designation of the Site is Zone X, meaning areas determined to be outside the 0. 2% annual chance floodplain. The FEMA FIRM Panel Number is 1551660904F and the FIRM Index and Effective Date is 9/ 29/ 2017. The Panel is not printed. See FHAR, attached hereto as Exhibit " C". The Property is not within a tsunami or a dam evacuation zone. Id. There is no Letter of Map Change LOMC) for this FIRM Panel.
16. Existing Drainageways or Improvements
There are no known drainageways or other similar improvements crossing the Property. The Waiakea Stream flood control channel, located mauka ( west) and north of the Property. about one mile from the Property at its closest point where the Stream crosses Kapiolani Street above Kamana Street
22 John A. Wagner and Charles tlboshi rtjiplication for Change of Zone
between W. Lanikaula and Mohouli Streets, does not affect the Property. Applicants are not aware of any flooding issues affecting the Property.
17. Air/Noise/Water Quality
The proposed Project is not expected to have a significant effect on air or water quality, nor is it expected to be a significant noise generator.
Historic Resources:
18. Existing Archaeological, Cultural or Historic Sites on National or State Register
The Site has been used for residential purposes since at least 1925, when construction on the existing dwelling began. As such, the existence of any surface or subsurface archaeological remains is extremely unlikely. None are currently known to exist.
On November 20, 2020, Applicants requested a " No -Effect' determination from DLNR- SHPD regarding the instant Application as to any historic sites on the Property. See Exhibit " H", attached. SHPD responded via email on January 14, 2021. representing that the project cannot be reviewed by SHPD until the COZ Application has been formally submitted to the County and then routed to SHPD by the County.
19. Existing Flora/ Fauna Resources
Exiting vegetation includes a large grassy lawn and mature landscaping in both the front and back portions of the Property ( discussed above).
It is highly unlikely that the parcel contains habitat for any federally or State listed candidate or proposed threatened or endangered plant or animal species.
20. Scenic or Coastal Resources
The Property is approximately one and '/ 2 miles from the coast and docs not allow for access to either the mountains or the ocean from or through it. There are no views of the oceans or the mountains from the Property. The proposed Project is not expected to impact any scenic or coastal resources.
Valued Cultural Resources:
21. Existing Traditional and Customary Native Hawaiian Rights Exercised
Applicants are not aware of any traditional and customary native Hawaiian rights that are exercised in the area as it has been in residential use for almost 100 years.
23 r
John A. Wagner and CharlerMboshi n{iplication for Change of Zone
Public Access:
22. Existing Public Access to and Along Shoreline or Mountain Areas
There is no existing public access to and along the shoreline or to mountain areas through or proximate to the Property.
Social -Economic Characteristics:
23. Social Settlement Pattern for the Area
Most historians agree that the first inhabitants arrived to the Big Island of Hawaii from Polynesia around 1100 AD. Oral history has many references to people living in Hilo, along the Wailuku and Wailoa rivers during the time of ancient Hawaii. Well before Hawaii became a State or even a territory of the United States, Chinese, Japanese, Filipinos, Koreans, and Portuguese arrived here as contract workers on sugarcane plantations. Originally, the name " Hilo', applied to one large district encompassing much of the Big Island' s east coast. now divided into the two Districts of South and North Hilo. When the English missionary and author William Ellis visited Hilo in 1823, the main settlement was in Waiakea on the south shore of Hilo Bay. Missionaries came to the district in the early -to -middle 19th century, founding Haili Church. Hilo expanded as sugar plantations in the surrounding area created jobs and drew in many workers from Asia and other locales. Many left for the U. S. mainland, but many others stayed and carved out lives and livelihoods, ultimately giving rise to Ililo' s diverse ethnic and racial culture.
As a result of the 1960 tsunami, Hilo' s low- lying bayfront areas on the Waiakea peninsula and along Hilo Bay, previously populated, were rededicated as parks and memorials, including the Liliuokalani Park and Gardens. Beginning in the 1960' s. Hilo expanded inland. The downtown found a new role in the 1980s as the city's cultural center. Featured important cultural centers include: the Palace Theater, East Hawaii Cultural Center, Lyman Museum and Mission House, Pacific Tsunami Museum, Imiloa Astronomy Center. Mokupapapa Discovery Center, University of Hawaii Performing Art Center, the Hilo downtown Public Library and the Wailoa Center. Hilo is filled with historic buildings, interesting shops, and parks and has a constant stream of performances, festivals and events. the annual Merrie Monarch Festival being by far the largest such event.
Closure of the sugar plantations in the 1990s hurt the local economy, coinciding with a general statewide slump. But in recent years, Hilo has seen commercial and population growth, boosted by a growth in tourism, expansion of the University of Hawaii, and the relatively stable housing market.
The 2018 census data indicates a population of 46,284 for all of Hilo, encompassing 53. 4 square miles with a population density of 866.9 people per square mile. The median age is 40, with the largest population group ( 60%) in the age range of 18- 64. The populace is 52% female. The largest ethnicity / race group is Asian ( 32%), with 31% identifying as two or more races / ethnicities combined. Sixteen percent are white or Caucasian and only 9% identify as Hawaiian or other Pacific Islander. The per capita income is approximately $28, 012 with the median household income being $ 60, 120. Nineteen percent of people are below the poverty line including 28% ofchildren (below age 18) and 9% of
24 John A. Wagner and Charledi' boshi application for Change of Zone
seniors. There are 16,302 households with 2. 8 people per household. Forty- four percent of the populace is married.
24. Economic Resources of the Area'
The oldest city in the Hawaiian archipelago, Hilo' s economy was historically based on the sugar plantations of its surrounding areas. prior to their closure in the 1990s. Today, Hilo has a diversified economy that includes agriculture, tourism, aquaculture, livestock. trade. education, astronomy and government.
The tremendous rainfall ( approximately 134 inches annually) has led to arguably the world' s largest tropical flower industry, exporting fresh cut flowers, sprays, and potted plants from various farmer cooperatives and flower farms. About 1 million acres of the island' s total 1. 8 million acres are devoted to agriculture, a $ 500 million per -year industry. Livestock is an economic mainstay, with sales totaling more than $ 25 million annually. Nearly 115, 000 cattle are raised on the Big Island. with most shipped to the mainland and Canada for processing. The Big Island is Hawaii's largest producer of honey. more than 1 million pounds annually. Aquaculture, another important industry on the island, has been a mainstay of economic life since the first Polynesian settlers. Several types of microalgae are also being cultivated for pharmaceutical and nutritional products. Aquafarms on the Big Island, totaling more than 170 acres, produce 11 million pounds of aqua products annually. The Big Island also produces more than four-fifths of the state's fruit and other nursery products for domestic and foreign
markets.
Hilo has a fairly significant tourism sector. Visitors come to see Hilo' s charming historic character and also major events such as the annual week- long Merrie Monarch Festival, the world's preeminent hula competition and festival, and the annual Hilo Orchid Show, the largest and most comprehensive orchid show in the state, both of which draw visitors and entrants worldwide. The many cultural centers listed above are big draws, as are the Pana'ewa Rainforest Zoo, the many shopping centers, cafes and other eateries, movie theaters. hotels, restaurants. and a developed downtown area with a thriving Farmers Market. Cruise ships account for much of the visitor numbers. According to Hawaii Business Magazine, " In 2003. the town received 219, 262 cruise ship passengers from 116 foreign ship calls". which number was expected to rise dramatically in the years following.
Hilo's Foreign Trade Zone ( FTZ) is situated adjacent to Hilo Harbor and the Hilo International Airport, less than a mile from downtown Hilo. This 31 - acre site is the first such zone designated by the State of Hawaii to attract manufacturers to Hawaii. The FTZ allows companies to import parts for assembly and export the finished product without paying import duties.
Television, film and commercial production also contribute to Hilo' s economy. The County of Hawaii hosted 129 film productions from ten countries in 2003- 2004, an increase from the prior year.
Hawaii' s Small Business Development Center Network is a partnership of the University of Hawaii at Hilo and the U. S. Small Business Administration. With the aim of helping small business become established or expand, the Network offers one-on- one counseling, seminars, workshops and conferences. Many other business incentives exist at the state level, including direct financial
25 John A. Wagner and Charlent- fboshi ' triplication for Change of Zone
incentives, tax incentives, high technology businesses training programs, job placement and training systems, and employer training grants.
Finally, the University of Hawaii at Ifilo is perennially expanding its programs and offerings, recently adding several new science and technology developments. including the Mauna Kea Astronomy Education Center, the Pacific Basin Agricultural Research Center, and the U. S. Forest Service Institute of Pacific Islands Forestry research laboratory. These expansions and others have prompted several observers to view Hilo as a thriving university town with all the usual accompanying opportunities, resources and offerings.
25. Land Values
For tax assessment purposes, according to the Hawaii County Real Property Tax website, land values of residentially -zoned parcels in the immediate area range from $207,000 ( TMK No. (3) 2- 4- 056- 002, 1. 4224 acres, immediately west of, and adjacent to. the Subject Property) to $217, 400 ( TMK No. 3) 2- 2- 024- 0210, 19, 908 sq. ft., immediately south of, and adjacent to. the Subject Property). The Subject Property, with 19. 295 square feet. has a land value of$215, 000.
Fax assessed land values of commercially -zoned parcels in the immediate area range from; 354,000 ( TMK No. (3) 2- 2- 023- 009. 29, 725 sq. ft., immediately north of the Subject Property across Lono Street) to $ 340,200 ( TMK (3) 2- 2- 024- 008, 26, 770 sq. ft., immediately east of the Subject Property across Kino' ole Street).
Surrounding Lands:
26. Land Use
The surrounding areas are, for the most part, residential and commercial. both neighborhood and general. Area businesses include: Big Island Federal Credit Union (TMK No. ( 3) 2- 2- 023- 007, 66 Lono Street); Kamana Senior Center ( TMK No. ( 3) 2- 4- 056- 019, 127 Kamana Street); Kino' ole Medical Center ( TMK No. ( 3) 2- 2- 023- 010, 1248 Kino' ole Street); Dr. Yamashita' s Office ( TMK No ( 3) 2- 2- 023- 009, 1276 Kino' ole Street); the ILWU Local Hawaii Division ( TMK No. ( 3) 2- 4- 056- 001, 100 West Lanikaula Street); the Arc of Hilo ( TMK Nos. ( 3) 2- 4- 056- 002 and 024, 1303 and 1305 Ululani Street) and the Liberty Dialysis Hilo (TMK No. (3) 2- 2- 025- 022, 1384 Kino' ole Street).
27. Zoning
The immediately surrounding lots are zoned Residential, minimum building site 10, 000 square feet ( RS -10), Neighborhood Commercial, minimum building sites of 10. 000 square feet (CN -10) and 20, 000 square feet ( CN -20); and General Commercial, minimum building sites of 7,500 square feet CG -7. 5), 10, 000 square feet (CG -10) and 20, 000 square feet ( CG -20).
Lot sizes in the immediate vicinity range between 10, 000 sq. ft. (TMK No. ( 3) 2- 2- 024- 004, 1331 Kin& ole Street) and 2. 1152 acres ( TMK No. ( 3) 2- 2- 025- 022, 1384 Kino' ole Street). Most of the lots immediately surrounding and across from the Subject Property are just shy of acre.
26 l
John A. Wagner and Charleit& fboshi :¢ plication for Change of Zone
D. PUBLIC FACILITIES AND SERVICES
28. Description of Access
The Property takes access from a private driveway located over and on the Lono Street R -O -W at the Lono Street intersection on the western side of Kino' ole Street between W. Lanikaula and Mohouli Streets.
29. Availability of Water
Water is available via the existing water meter located in the sidewalk fronting Kino' ole Street. Preliminary discussions with DWS indicate that an additional water meter can be made available from existing waterlines on Kino' ole street if the Property were to eventually be subdivided, though Applicants have no such imminent plans.
30. Sewage Disposal
The Property is currently served by a cesspool located in the northwest area of the Property. Applicants understand that connection to the Hilo municipal sewer system will be required as a condition of COZ approval and arc currently making efforts to obtain estimates from a plumber and Department of Health permits for this work.
31. Solid Waste
The nearest solid waste transfer station is located in Hilo off of Railroad Avenue.
32. Police and Fire Protection
The Property is located in the South Hilo Police Patrol District, which covers 635 square miles, and features 88 authorized sworn positions. The South Hilo District is the Hawaii Police Department' s largest staffed patrol division and is situated on the ground floor of Building B at the Public Safety Complex, 349 Kapi' olani Street, which is approximately one mile from the Subject Property. Patrol officers also operate out of the Mo' oheau Bus Terminal mini -station, which is approximately 1. 5 miles from the Subject Property. The South Hilo Police Patrol District provides 24- hour police service and consists of the Patrol Division, the Community Policing Section, and the reserve officer program.
For firefighting, there are four fire stations located in the greater Hilo area. Station I, located at 466 Kino' ole Street, is the Hilo Central fire station and is within approximately one mile of the Subject Property. Station 2. located at 95 Keaa Street, is within approximately two and % miles of the Subject Property. Station 3, located at 385 Haihai Street, is within approximately three miles of the Subject Property. Station 4, located at 310 Kaumana Drive, is within approximately three miles of the Subject Property. Together, these fire stations provide adequate response times for firefighting.
33. Schools
Hilo is home to a number of educational institutions, including two post -secondary institutions -
27 John A. Wagner and CharletMboshi rtpplication for Change of Zone
the University of Hawaii at I lilo and Hawaii Community College. In all, there are eight ( 8) public elementary schools, two ( 2) public intermediate schools, two (2) public high schools and seven ( 7) private schools in Hilo. The public schools are separated into two ( 2) complexes. centered on the high schools. The proposed Project is not expected to result in impacts to the school system.
34. Parks
There are a plethora of community and beach parks in and around the greater Hilo area. Honoli' i beach park is located approximately four (4) miles north of the Subject Property. Hilo Bayfront beach park is located approximately one ( 1) and Y miles east of the Subject Property. Wailoa River State Park is located approximately one ( 1) mile south east of the Subject Property. Lil uokalani Park and Gardens is located approximately two (2) miles south east of the Subject Property. Lincoln Park is located approximately one ( 1) mile north east of the Subject Property. Many additional beach parks are located a few miles from the Property in Keaukaha.
35. Other Utilities and Services
All utilities are available via overhead lines along Kino' ole Street.
E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS
36. Relationship between short term uses of environment and maintenance and enhancement of long term productivity.
The Property has been used for residential and general office purposes for many years. Prior to residential use, it is likely that it was also used for pasture and agriculture. If the proposed land use change is approved, the continued long- term use of the Property for commercial and general office purposes would continue to be appropriate. Change of Zone would simply formalize the existing commercial use of the Property by the State judiciary. allow Applicants to expand the pool of users or lessees, and provide greater commercial options to the surrounding community.
37. Mitigative Measures proposed to avoid, minimize, rectify or reduce impact.
Applicants have not identified any significant impacts that the proposed land use changes might have on resources or public services.
38. Alternatives to the proposed development.
Alternatives to the proposed development include only leaving the Property as -is. Under this alternative, Applicants would not be able to conform the existing commercial use by the Judiciary to be consistent with the HDU designation on the LUPAG and the General Plan. This would hinder Applicants with their future plans for the Property, in terms of continuing the existing uses and expanding the pool of commercial users, including as a potential medical clinic. It would also deny the surrounding community with such needed services, as the area continues to grow and expand.
28 John A. Wagner and Charle*' fhoshi nrpplication for Change of Zone
39. Irreversible and irretrievable commitments of natural resources that would be involved if proposed action implemented.
The Property has been in residential and commercial use for almost 100 years and is situated within an urban area consisting mostly of mixed residential, commercial, and multi -family uses. Due to the previous residential and commercial uses of the Property, it is not likely that there are any natural resources relating to the Property that would be irreversibly and irretrievably committed should the requested change of zone be approved.
The economic and other facts presented in this COZ Application do not take into consideration the current effects from the COVID- 19 pandemic.
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FLOOD HAZARD ASSESSMENT TOOL LAYER LEGEND Flood Hazard Assessment Report Note. legend does not correspond with NFHL)
www. hawaiinfip.org SPECIAL FLOOD HAZARD AREAS ( SFHAs) SUBJECT TO INUNDATION BY THE 1% ANNUAL CHANCE FLOOD - The 1% annual chance flood ( 100 - year), also know as the base flood, is the flood that has a 1% chance of being equaled or exceeded in any given year. SFHAs include Zone A, AE, AH, A0, V, and VE. The Base Flood Elevation ( BFE) is the water surface elevation of the 1% annual chance flood. Mandatory flood insurance Property Information Notes: purchase applies in these zones:
COUNTY: HAWAII Zone A: No BFE determined.
TMK NO: 3) 2- 2- 024: 022 Zone AE: BFE determined. WATERSHED: WAILOA
PARCEL ADDRESS: 1290 KINOOLE STREET Zone AH: Flood depths of 1 to 3 feet (usually areas of ponding); BFE determined. HILO, HI 96720
Zone AO: Flood depths of 1 to 3 feet ( usually sheet flow on Flood Hazard Information sloping terrain); average depths determined.
FIRM INDEX DATE: SEPTEMBER 29, 2017 Zone V: Coastal flood zone with velocity hazard ( wave action); no BFE determined. LETTER OF MAP CHANGE( S): NONE
FEMA FIRM PANEL: 1551660904F Zone VE: Coastal flood zone with velocity hazard ( wave action); BFE determined. PANEL EFFECTIVE DATE: SEPTEMBER 29, 2017 Zone AEF: Floodway areas in Zone AE. The floodway is the channel of stream plus any adjacent floodplain areas that must be kept free of encroachment so that the 1% annual chance flood can be carried without increasing the BFE.
NON -SPECIAL FLOOD HAZARD AREA - An area in a low -to -moderate risk THIS PROPERTY IS WITHIN A TSUNAMI EVACUTION ZONE: NO flood zone. No mandatory flood insurance purchase requirements apply, FOR MORE INFO, VISIT: http:// www.scd. hawaii.gov/ but coverage is available in participating communities. THIS PROPERTY 15 WITHIN A DAM EVACUATION ZONE: NO Zone XS ( X shaded): Areas of 0. 2% annual chance flood; areas of FOR MORE INFO, VISIT: http:// dlnreng. hawaii. gov/ dam/ 1% annual chance flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 1% annual chance flood.
Zone X: Areas determined to be outside the 0. 2% annual chance 0 400 800 ft floodplain.
Disclaimer: The Hawaii Department of Land and Natural Resources ( DLNR) assumes no responsibility arising from the use, accuracy, completeness, and timeliness of any information contained in this report. Viewers/ Users are OTHER FLOOD AREAS responsible for verifying the accuracy of the information and agree to indemnify the DLNR, its officers, and employ- ees from any liability which may arise from its use of its data or information. Zone 0: Unstudied areas where flood hazards are undeter- mined, but flooding is possible. No mandatory flood insurance If this mop hos been identified as ' PRELIMINARY', pleose note that it is being provided for informational purposes purchase apply, but coverage is available in participating commu- and is not to be used for flood insurance rating. Contact your county floodplain manager for flood zone determina- tions to be used for compliance with local floodplain management regulations. nities. EXHIBIT "C" L OT /
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EXHIBIT " D -I" SUBDIVISION NUMBEhtent.3_0_,35t1_-_ APPROVED FOR RECORDATION with the Bureau of Conveyances, State of Hawaii
Director, / Plading awa,
Date: OCT 51E171
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EXHIBIT " D -I" 1
Si;, 51774
RECORDATION REQUESTED BY: 85MAY 17 A8: 01 18645, 419 AFTER RECORDATION, RETURN TO: if FT, sr,:,a FIRST AMERICAN TITER 6S$ Kinoolc Street, Suite 203 Hilo, Hawaii 96720 RETURN BY: MAIL( ) PICK- UP( )
DEED
KNOW ALL MEN BY THESE PRESENTS:
That ROBERT F. DRIVER, Trustee under that certain
unrecorded Robert F. Driver Family Trust, dated January 5, 1979, having powers under said trust agreement to sell, lease, convey,
mortgage and other powers more fully set forth therein, Ih r', pl! liiilhereinafter called the GRANTOR, for and in consideration of the 0 Li z , in sum of TEN DOLLARS ($ 10. 00) and other valuable consideration, the ct> C Cr 143, EP receipt of which is hereby acknowledged, does hereby grant, i 10 bargain, sell and convey unto JOHN A. WAGNER and CHARLENE Y. V IBOSHI, husband and wife, whose residence and post office address U— OQ is 81 East Kawailani Street, Hilo, Hawaii 96720, hereinafter z called the GRANTEES, as tenants by the entirety, all of the real Q 1111111 property described in Exhibit " A", attached hereto and Z ! 7 Z 7, q incorporated herein by reference. Together with all and singular the improvements,
tenements, rights, easements, privileges, hereditaments and
EXHIBIT "D- 2" MIL1 18645 420 appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof.
To have and to hold the same unto the said GRANTEES, their heirs and assigns, in fee simple, forever.
And the GRANTOR hereby covenants and agrees with the
GRANTEES that the GRANTOR, as Trustee aforesaid, has good right
to convey and sell the property hereinabove described and that
the GRANTOR has not heretofore done, committed or willingly suffered to be done or committed any act or thing whatsoever, whereby the title and estate hereby conveyed, or any part
thereof, are or shall be changed or encumbered, except as
aforesaid.
IN WITNESS WHEREOF, the said GRANTOR///has hereunto set
his hand on this 7 day of %%/ , 1985.
ROBERT' F. DRIVER
EXHIBIT 1D- 2"
2. 18645 421
fl3 On 7 / before m SS. fill/ t/ Mel-lig/ C-/ the undersigned NJotar%r.Public, personally appearedaI Ii , oh.-%- F e) R ! VES
OFNCIAI TEM personally known to me e ANGIE V. MAUI1100 6 proved tome on the basis of satisfactory evidence SAF NOIARR PUDbC CALIFORNIA PRINCIPAL OFFICE IN to be the person( s) whose name( sl ht subscribed to ti SAN DIEGO COUNty within instrument, and acknowledged that 11 executed My Commhdon Expires March 31, IPSP WITNESS my and official seal. `'
VF f// Notary' s Signature
V318 ( 1/ 831 General Ca
my commission expires:
EXHIBIT " D- 2"
3. 18645 422
EXHIBIT " A"
All of the land situate at Waiakea, South Hilo, Hawaii, bounded and described in Land Patent Grant No. 9287 to Sanji Abe, as follows:
Sold at Public Auction, March 30, 1925. Lot 8, Block
93, Waiakea House Lots, Second Series, Registered Map No. 2705,
First Land District.
Beginning at a pipe at the North corner of this Lot and the South corner of Kinoole Street and Road ( 60 feet wide), and coordinates of said point of beginning referred to Government Survey Triangulation Station " HALAI" being 3230. 91 feet South and 6410. 74 feet East, as shown on Government Survey Registered Map No. 2705, and running by azimuths:
1. 328° 10' 82. 7 feet along West side of Kinoole Street;
2. 58° 10' 237. 0 feet along Lot 7;
3. 148° 10' 2. 42 feet along railroad right- of- way 30 feet wide);
4. Thence following along said right- of- way around a curve to the right with a radius of 395. 28 feet, the chord azimuth and distance being: 154° 01' 30" 80. 7 feet;
5. 238° 10' 228. 76 feet to the point of beginning and containing an AREA OF 19, 381 SQUARE FEET.
EXHIBIT " D- 2" 18645 423
LESS the following portion of land described as follows:
Lot 8111 being a portion of Lot 8, Block 93, Waiakea House Lots, 2nd Series, Grant 9287 to Sanji Abe, Waiakea, South Hilo, Hawaii.
Beginning at a pipe in concrete at the west corner of this parcel of land and on the southeast side of Lono Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station " HALAI" being 3241. 46 feet South and 6393. 75 feet East and running by azimuths measured clockwise from True South:
1. 238° 10' 20. 00 feet along Street to the South corner of Lono and Kinoole Street;
2. 328° 10' 20. 00 feet along Kinoole Street to a pipe in concrete;
3. Thence along the remainder of Lot 8, Block 93, along a curve to the left with a radius of 20. 00 feet, the chord azimuth and distance being:
4. 103° 10' 28. 28 feet to the point of beginning and containing an AREA OF 86 SQUARE FEET.
Being all of the land conveyed to ROBERT F. DRIVER, as
Trustee under that certain Robert F. Driver Family Trust, dated
January 5, 1979, with powers to sell, lease, convey, mortgage and
EXHIBIT " D-2"
2. 18645 ' 42.4 other powers more fully set forth therein, in trust, by deed dated February 20, 1985, recorded at the Bureau of Conveyances,
State of Hawaii, in Book 18464, Page 255. Subject, however, to reservation in favor of the State of Hawaii of all mineral and metallic mines.
End of Exhibit " A"
EXHIBIT " D- 2"
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EXHIBIT " E" mossriIlop CHANGE OF ZONE APPLICATION
JOHN A. WAGNER and CHARLENE Y. IBOSHI
PARCEL OWNERS/ LESSEES OF RECORD within 300 feet of TMK (3) 2- 2- 024: 022, 1290 Kinoole Street, Hilo, Hawaii as of 1/ 25/ 2021
Parcel Information Mailing Address
Parcel ID - 220230060000 ITO, HAROLD M Address - 54 LONO STREET 54A LONO ST Owner - ITO,IIENRY M HILO HI 96720 4144 ITO,HAROLD M ITO,CORA A Acres - 0. 2296
Parcel ID - 220230310000 ITO, HAROLD M Address - 54 LONO STREET 54A LONO ST Owner - ITO, IIAROLD M HILO HI 96720 4144 ITO,CORA Acres - 0. 264
Parcel ID - 220230070000 BIG ISLAND EDUCATIONAL FCU Address - 66 LONO STREET 66 LONO ST Owner - BIG ISLAND EDUCATIONAL HILO HI 96720 4144 FCU Acres - 0. 4859
Parcel ID - 220230080000 ARAUJO, GERALD T Address - 1261 KINOOLE STREET 1261 KINOOLE ST Owner - ARAUJO, GERALD T HILO HI 96720 4127 ARAUJO, MARIA ANGELA G Acres - 0.485
Parcel ID - 240560020000 STATE OF HAWAII Address - 1305 ULULANI STREET DLNR, LAND DIVISION Owner - STATE OF HAWAII 75 AUPUNI ST # 204 HAHRC HILO HI 96720 Acres - 1. 4224 HAHRC, Lessee 1099 WAIANUENUE AVE HILO HI 96720 2019
EXHIBIT " F" Parcel ID - 220240190000 ONO, RONALD YUTAKA Address - 1324 KINOOLE STREET 2350 CAMINO DEL SOL Owner - ONO, RONALD YUTAKA FULLERTON CA 92833 1323 ONO, HAROLD TSUTOMU Acres - 0. 457
Parcel ID - 220240200000 AKI,MAXINE K OST EXEMPT TRST Address - 1310 KINOOLE STREET 1310 KINOOLE ST Owner - AKI,MAXINE K GST HILO HI 96720 4137 EXEMPT TRST Acres - 0. 457
Parcel ID - 220240210000 SHIROMA, ALICE L TRST Address - 1300 KINOOLE STREET 1300 KINOOLE ST Owner - SHIROMA,ALICE L TRST HILO HI 96720 4137 Acres - 0. 457
Parcel ID - 220240270000 BANKS, MATTHEW CODY Address - 1306 KINOOLE STREET PO BOX 596 Owner - BANKS, MATTHEW CODY PAPAIKOU HI 96781 0596 Acres - 0. 457
Parcel ID - 220240280000 KAITELL JOHN -NEE J Address - 1303 KINOOLE STREET 1307 KINOOLE ST Owner - KAITELL,JOHN- NEE J HILO HI 96720 4129 Acres - 0. 2314
Parcel ID - 220240290000 CHOW ARLENE L Address - 53 LONO STREET 53 LONO ST Owner - CHOW,ARLENE L HILO HI 96720 4161 Acres - 03019
Parcel ID - 240560280000 STATE OF HAWAII Address - LANIKAULA STREET DLNR, LAND DIVISION Owner - STATE OF HAWAII 75 AUPUNI ST # 204 Acres - 3. 592 HILO HI 96720
Parcel ID - 220240250000 AU,CALENNA- LANI L L TR Address - 47 LONO STREET 39 HOKUPAA ST Owner - AU, CALENNA- LANI L L TR HILO HI 96720 5515 AU, SHAWNNA- LEI A TR PASCUAL, MILAFLOR Acres - 0.2514
EXHIBIT " F"
2 Parcel ID - 240560220000 STATE OF HAWAII Address - 145 KAMANA STREET DLNR, LAND DIVISION Owner - STATE OF HAWAII 75 AUPUNI ST # 204 U00660 HILO LP HILO HI 96720 HAWAII HOUSING FINANCE & DEVELOPMNT CORP U00660 HILO LP Lessee BIG ISLAND HOUSING 2000 E FOURTH ST STE 205 FOUNDATION SANTA ANA CA 92705- 3907 Acres - 7. 159 HAWAII HOUSING FINANCE & DEVELOPMENT CORP BIG ISLAND HOUSING FOUNDATION 688 KINOOLE ST STE 102 HILO HI 96720 3868
Parcel ID - 240560240000 STATE OF HAWAII Address - 1303 ULULANI STREET DLNR, LAND DIVISION Owner - STATE OF HAWAII 75 AUPUNI ST # 204 HILO ARC HOUSING CORP # 1 HILO H196720 Acres - 1. 1848 HILO ARC HOUSING CORP # 1, Lessee 1099 WAIANUENUE AVE HILO HI 96720 2019
Parcel ID - 220240050000 HAWAII ISLAND BOARD OF REALTORS Address - 1321 KINOOLE STREET ATTN: LEE LOY, SUSAN E Owner - HAWAII ISLAND BOARD OF 1321 KINOOLE ST REALTORS HILO HI 96720 4129 Acres - 0. 4628
Parcel ID - 220240060000 OLIVEIRA, LIVING TRST Address - 1315 KINOOLE STREET ATTN: OLIVEIRA,LEONARD M/ EVELYN V Owner - OLIVEIRA, LIVING TRST 45- 313 NAKULUAI ST Acres - 0. 4628 KANEOHE HI 96744 2220
Parcel ID - 220240070000 KAITELL,JOHN-NEE .1 Address - 1307 KINOOLE STREET 1307 KINOOLE ST Owner - KAITELL,JOI-IN-NEE J HILO HI 96720 4129 Acres - 0. 2314
EXHIBIT " F"
3 Parcel ID - 220240080000 HOOTA, ERIC R Address - 1297 KINOOLE STREET 325 KALILI ST Owner - HOOTA, ERIC R HILO HI 96720 4061 HOOTA,JOSLYN E Acres - 0. 6146
Parcel ID - 220240220000 SUBJECT PROPERTY Address - 1290 KINOOLE STREET Owner - WAGNER,JOHN A IBOSHI,CHARLENE Y Acres - 0443
Parcel ID - 240560190000 STATE OF HAWAII Address - 127 KAMANA STREET DLNR, LAND DIVISION Owner - STATE OF HAWAII 75 AUPUNI ST # 204 Acres - 3. 802 HILO HI 96720
Parcel ID - 220230090000 YAMASHITA,DOUGLAS H Address - 1276 KINOOLE STREET 982 PUKU ST Owner - YAMASHITA,DOUGLAS II HILO HI 96720 6200 YAMASHITA, YU JAE Acres - 0. 6824
EXHIBIT " F"
4 Mitchell D. Roth Deanna S. Sako My or Finance Direclor
Steven A. Hunt Deputy Dlrecrm
County of Hawaii DEPARTMENT OF FINANCE - REAL PROPERTY TAX Aupuni Center • 101 Pauahi Street • Suite No. 4 • Hilo, Hawart 96720 • Fax ( 808) 961- 8415 Appraisers ( 808) 961- 8354 • Clerical ( 808) 961- 8201 • Collections ( 808) 961- 8282 West Hawaii Civic Center • 74- 5044 Ane Keohokalole Hwy. • Bldg. D. 2nd Fir. • Kailua Kona. Hawaii 96740 Fax ( 808) 327-3538 • Appraisers (808) 323- 4881 • Clerical ( 808) 323- 4880 Website www.hmvaiiproperlylax. com
REAL PROPERTY TAX CLEARANCE Rev. 07/ 13)
Date: January 25, 2021
TMK(s): ( 3) 2- 2- 024-022- 0000
This is to certify that the real property taxes due to the County of Hawaii on the parcel( s) listed above have been paid for the tax year 2020-21, up to and including JUNE 30, 2021.
The County's real property taxes are levied on July 1a' each year. The taxes become a lien on the property assessed as of the levy date.
This clearance was requested on behalf of John Wagner & Charlene Iboshi for the County Planning Department and is issued for this/these parcel( s) only.
By Namele Walker REAL PROPERTY TAX DIVISION
Paid up to and including JUNE 30, 2021 .
Hawaii County is an Equal Opportunity Provider and Employer
EXHIBIT "G" Law Offices of Yeh & Kim RONALDNW RKim©KIM yc andkim cam 10 Kamehameha Avenue, Hilo, Hawaii 96720- 2830 Telephone: ( 808) 961- 0055 OfTHOMASLHCounsel )( EH TLV© yeaandkim cam Website. www.yehandkim.com JILL D RAZNOV JRaznovgyehandkim coo
November 20, 2020
Alan Downer, PhD, Administrator State Historic Preservation Division Department of Land and Natural Resources via email: [email protected] 601 Kamokila Boulevard, Suite 555 Kapolei, Hawaii 96707
RE: Request: State Historic Preservation Review (HRS § 6E-4; HAR 13- 284- 5) Project: Change of Zone Application from RS -10 to CN -7. 5 Property: TMK: (3) 2- 2- 024: 022, Waiakea, South Hilo (19, 295 sq. ft.)
Dear Dr. Downer:
On behalf of our clients, John A. Wagner and Charlene Y. Iboshi ( Applicants), we respectfully request a ` ho effect" determination from the State Historic Preservation Division SHPD) pursuant to Hawaii Revised Statutes ( HRS) § 6E- 42 and Hawaii Administrative Rules HAR) § 13- 284- 5 in connection with Applicants' Change of Zone (COZ) Application for the subject property from RS -10 to CN -7. 5 ( to be submitted to the Hawaii County Planning Department; draft available upon request). The subject property is owned by Applicants and is described as:
Lot 8, Land Patent Grant 9287 to Sanji Abe at Block 93, Waiakea House Lots, Second Series, Registered Map No. 2705, First Land District, Waiakea, South Hilo, Island, County and State of Hawaii, bearing address1290 Kino' ole Street, Hilo, Hawaii 96720, and identified as TMK No. ( 3) 2- 2- 024: 022 ( the `Property").
Applicants request a COZ from Single -Family Residential District, required minimum building site of 10, 000 square feet ( RS -I0) to General Commercial District, required minimum building site of 7, 500 square feet ( CG -7. 5). The Property is approximately 19, 295 square feet ( or 0. 4430 acres) in land area, is designated as High Density Urban ( HDU) on the LUPAG and is in the State Land Use (SLU) Urban District. Surrounding land uses include residential, general and neighborhood commercial, and double -family and multi -family residential. The entire surrounding vicinity is classified Urban on the SLU map and designated HDU on the LUPAG.
Applicants' COZ request seeks to conform the existing use of the Property as general office space by Applicants' current lessee, the State of Hawaii, and allow Applicants to continue such commercial use by future lessees and users, as well as expand the pool of such users. Under consideration is leasing the Property to Applicants' son, a licensed Physical Therapist, for use as a medical/ physical therapy clinic.
The Property is located on the mauka ( west) side of Kino' ole Street at the south west corner of Lono Street, between the through streets of West Lanikaula and Mohouli. Pedestrian access is from Kino' ole Street, a 60 -foot wide county right of way. Driveway access is from a
EXHIBIT " H" Law Offices of Yeh & Moore A Limited Liability Law Company
November 20, 2020 Page 2
l0 -foot -wide, asphalt -paved driveway located at Lono Street, west of Kino' ole Street, where Lono Street becomes a dead-end road, depicted as a paper road on the Plat Map.
Applicants purchased the Property on May 7, 1985. At that time, the Property was improved with a 3, 056 square foot, two- story, three-bedroom, two -bath permitted residence, built between 1925 and 1949, which is still in use today. A permitted, detached 1, 200 square -foot enclosed garage, also built in 1925, is located about ten feet mauka and north of the main dwelling. This enclosed garage faces, and provide access to and from, the Lono Street driveway. A low rock wall with a built in stair separates, and provides access to, the raised front yard from the sidewalk fronting Kino' ole Street. The Property also features mature landscaping in both the front and back yards. There are no other improvements on the Property. No additional improvements are planned or proposed at this time or in conjunction with Applicants' COZ request.
The Property is currently leased to the Judiciary of the State of Hawaii for general office use, including all activities of the Child Advocacy Program, pursuant to a Rental Agreement, dated April 17, 2019. This Agreement commenced on May 1, 2019 and is set to expire either on March 31, 2024 or upon 120 days written notice by either tenant or landlord. The Judiciary originally began leasing the Property from Applicants, for the same uses as it is in today, pursuant to a Lease Agreement, dated June 14, 1990, recorded in the State of Hawaii, Bureau of Conveyances as Doc. No. 91- 018421. Currently, the dwelling accommodates one large office space between both floors; however, sufficient space exists to accommodate up to three offices.
The Site has been used for residential purposes since at least 1925, when construction on the existing improvements began. As such, the existence of any surface or subsurface archaeological remains is extremely unlikely. None are currently known to exist. Although the existing improvements are over 50 years old, and considered " historic property" under HRS §6E-2, the Property is not listed on the National or State Register of historic places and is not recognized or nominated for any historical significance, nor are Applicants interested in listing the Property as such. Applicants do not, however, have any plans to alter the historic character of the improvements at this time or in connection with the COZ request.
Thank you for your time and attention to review the instant request. Please feel free to contact me if you have any questions or to discuss this matter further.
Very truly yours,
LAW OFFICES e YEH & KIM
JI
Enclosure( s)
ec: John Wagner and Charlene Iboshi Sean Naleimaile ( Sean. P.Naleimaile@hawaii. gov)
EXHIBIT " H" 0 a COUNTY OF HAWAII Real Property Tax Office
Overview
Legend 0 Parcels
Parcel 220240220000 Situs/ Physical 1290 KINOOLE Market Land Value 215,000 Last2Sales ID Address STREET Dedicated Use $ 0 Date Price Reason Qual Acreage 0.443 Mailing Address WAGNER,JOHNA Value 6/ 14/ 1990 0 LEASE INTEREST U Class RESIDENTIAL 485 AINAKO AVE Land Exemption 215,000 ONLY HILO HI 96720 Net Taxable Land 0 5/ 1/ 1985 $ 107000 ARMS LENGTH Q 1607 ValueAssessed Building $ 218,300 TRANSACTION Value Building Exemption $ 218,300 Net Taxable $ 0 Building Value Total Taxable $ 433300 Value Brief Tax Description n/ a Note: Not to be used on legal documents)
Hawaii County makes every effort to produce the most accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use or interpretation. The assessment information is from the last certified taxroll. All data is subject to change before the next certified taxroll. The 'parcels' layer is intended to be used for visual purposes only and should not be used for boundary interpretations or other spatial analysis beyond the limitations of the data. The ' parcels' data layer does not contain metes and bounds described accuracy therefore, please use caution when viewing this data. Overlaying this layer with other data layers that may not have used this layer as a base may not produce precise results. GPS and imagery data will not overlay exactly.
Date created: 1/ 28/ 2021 Last Data Uploaded: 1/ 28/ 2021 7:26:03 AM EXHIBIT "I" Nay 10, 1990
Ceti.y r+ Lowder Prccrem Director Obi eren' s Ar vocecv Center of East Tic ii P. C. Fox 1. 007 eil, F? GC79n_ 10f1 r
CIilerev' s revccacv Cerror 7oninq Inouiry aliniMSWAnar
ti= is in re flcrse to ' - acr letter ( it4r Anrii. , 1° n0, l : ith r corns to elleeing the C` i' dren' s Advocacy Center on the euhicet r • erty rur- uant to Charter 25- 51 of tics 1en7aii County Cnc' e.
vaned user your Letter and 1irti.fic=tier, me have deterrineC trot the. estotlis rent o.£ the (Aildren' s Avbccacv Center on the i°. t_ ect property robin an enistirc rim de- - ferny dwelling would he. perritted es e public service use. iic: Zrtrr?inetinn i9 rade nitk the frlirtyirc rrcvi^ icns:
1. he ch..ildrer' r Aevcc, cv Center she: to tH' rri3 CCC0^ Art of the structure.
2. The office use proposed by thin ` tuts eoenc' shall not he transferable:.
3. ? hc tours an0 : Toys of operatic e shell " C 1 - itad between 7: 45 a. r, to 4: 30 n.,-., Monday through Frire1y.
4. The e> istinq .structure shall retain its reaic' entiai character with riniral exterior alterations.
5. No parking or vehicular hack - up :- hall he perritter+ along Kiroole 6 Lone Streets or within the right- of- way.
6. Proposed signage may he attached to the structure, hut shall not he free- starei.ng. gtgnage shell he received and approved. at the time of plan approval.
Planning Dept. Exhibit 3 n Cathy M. Lowder May 1, 1990 Page 2
7. Final Plan Approval rest be secured from our office. Plan Apprcvel r vire. : i.. vrlves suhrittal of floor plans, building elevations, and e Bite plan, drawn to scale delineating s.- trac E: s rrnresr:, and existing landscaping, proposed parting and driveway access. ^ he proposed parking noted on your site. trlai: sebrittal would not he = cceptable as cars yo lc Poi r ver in onto a ( street). The propertyis farce rr aef to ccO^; rodate basking stalls, ho'' ever, Car 1' e7
Jr. o t uitil. oar office () urine p1an approval reviet.
permit -'. . . rrecsary to allot- for tide ctanr•o _ n 1 U. tr . rr= rt:r' ent of Puislic Parks, Pui1ina tor t!' tir rocuirt-r<,•^tf.
r J LJr•:. to < c_'- t Vi; . n: WCI '. rt° Uir`, rq_ evaluation
o: CLIC determination— Finally, or are returning a Change of ' one v ,.; entire, for r}- .- r, e - r• • ; t- filing ico. to. _•.roar yeh. tar loch fonrard tc yorP tag yit t`. e• rrr Yeve ane tt.. r< t-.. ; ce frnl _ t,. rrnt=rt CC: Judy Lin slayer' s cfrice Tor y,. t ( i,/ crpv CF f10C. 0 bee: Masa CHILDREN' S ADVOCACY JUDY LIND LniCENTER OF Director EAST HAWAII CATHY M. LOWDER The Judiciary • State of Hawaii Program Director P. O. Box 1007 Hilo, HI 96721- 1007 808) 961- 7311 April 16, 1990 Mr. Duane Kanuha Planning Director Hawaii County Planning Department 25 Aupuni Street, Rm109 Hilo, HI 96720 Attn: Connie Kiriu Dear Mr. Kanuha, Re: TMK: ( 3) 2- 2- 024: 22 We are requesting that the site at 1290 Kinoole Street be approved as a permitted use for public service by the Children' s Advocacy Center of East Hawaii, pursuant to Chapter 25- 51 of the Hawaii County Code. This is a follow up to our earlier letters and subsequent conversations. The following information will address and hopefully clearly demonstrate to the department that the proposed site' s use as a permitted use for the CAC - EH 1) will be consistent with the general purpose of the zoned district and the General Plan; 2) will not be materially detrimental to the public welfare nor cause substantial adverse impact to the community' s character or to surrounding properties; 3) will not adversely affect similar or related existing uses within the surrounding area, community or region; and 4) will not unreasonably burden public agencies to provide roads and streets, sewer, water, drainage, schools, police and fire protection and other related infrastructure. The property is currently zoned residential [ RS - 10] with the area designated by the General Plan Land Use Pattern Allocations Guide map for High Density Urban Development. In the blocks around the site, there is a mix of residential homes, refurbished houses used for offices, and newly constructed office complexes. We do not foresee any negative impact to the surrounding properties or the community' s character by the CAC- EH' s operations. This site is easily accessible to the Police, Social Workers and public, being located on a well known main thoroughfare, near commercial areas. This house meets the needs of the Center, being easy to reach in a central location and at the same time providing a comfortable setting home - like setting. The use will not differ or affect the current or designated use by the GPLUPAG map. WEST HAWAII CENTER OAHU CENTER MAUI CENTER KAUAI CENTER 75- 137 Hua' afar Road 3019 Pali Highway 2145 Main St,, Suite 226 3059 Um' Street, Rm. 201 Kailua- Kona, HI 96740 Honolulu, HI 96817 Wailuku, HI 96793 Lihue, HI 96766 808) 326- 2828 808) 548- 6021 808) 244- 2170 808) 245-4478 Fax: ( 808) 548- 6024 page 2 4/ 16/ 90 The site is a two story house, located at the intersection of Lono and Kinoole. The Children' s Advocacy Center model requires an unimposing, confidential home - like facility. The main floor which is the upper level and currently the living area of the house, will be used as is for the reception, waiting area, and offices. The renovations to create two soundproof interview rooms, an adjacent viewing room and conference room will be done downstairs, which is a couple of feet below ground level. The renovation will require no structural changes. The kitchen and bathrooms will be retained as they are. The exterior of the house will be painted, but will retain the appearance of a single family residence. The plans call for the creation of seven paved parking stalls. There will be no street signage, except for the current house number, which will be on the mail box. The operation of the site as the Children' s Advocacy Center will require the two staff people ( Program Director and Secretary) to be there during normal working hours, 7: 45- 4: 30 Monday through Friday. Scheduled interviews will involve the child victim, who will be accompanied by the non offending parent or guardian, one Police detective, and one Social Worker. Although two interview rooms are being created, they will be designed differently, one for pre- school age children, the other for older children. We do not expect to have two interviews being conducted at the same time, and will have only one set of audio/ video- taping equipment. Case coordination meetings involving the Police detective, Social Worker, and Prosecutor will be held as necessary. We would like to stress that the operation of the CAC is to prevent children from having to be interviewed at the Police Station. There will be no interviews of alleged perpetrators at the Center, as these would be conducted at the Police Station. The operation of the Center is very different from other government offices, as interviews will be by appointment or prior arrangement so there will not be a high volume requiring that people wait around for their turn. Although a Judiciary program, the operation of the CAC will be very different from the traditional Courtroom or Probation offices. The Children' s Advocacy Center' s operation will not require the use of any equipment that will impact the environment' s air, water supply, sound level nor require special disposal of any waste. The office equipment will include a typewriter, computer, and small copy machine, usually found in a two person office. Energy, water, and waste disposal will be comparable to that of a single family. Because of the pre -arranged nature of the interviews and meetings, traffic to the center will be limited in nature, and no more than when a family has relatives over to visit. Use as the Center will have less impact on the infrastructure than if this size house was rented to University students. Therefore, no changes in the present infrastructure will be required by the proposed use. The CAC will be the sole occupant of the structure. page 3 4/ 16/ 90 Since minimum renovations are being made to the lower level and none to the main level of the house, should the CAC vacate the property the house would still be useable as a residence under the current zoning. This site meets the needs of the Center in that 1) It is conveniently located; 2) provides a home - like setting, with ample internal space for use as the CAC - EH facility; 3) Has adequate on- site space for parking; 4) Is available at a reasonable rental rate in June, 1990; and 5) is in an area that has both residential and commercial activities. We will submit our site renovation plans for approval and will obtain the appropriate building permits for the renovations in conjunction with the permitted use of this site. Attached is a site plan, drawn to scale delineating setbacks, proposed parking and landscaping. To follow will be building floor plans. Please contact us for further information or clarifications.' Thank you for your consideration of this request. Sincerely, Cathy MI Lowder Program' Director cc Judy Lind, Director BARRY S. TANIlY(J'lO Mayor Duane Kanuha D. rector William L. Moore Planning Department Deputy Director 25 Aupuni Street, Rm. 109 • Hilo, Hawaii 96720 • ( BOS) 961- 8288 June 13, 1990 11r. J. Eliot Merk Vice President Children' s Advocacy Center of Fast Hawaii P. O. Box 1357 Hilo, llawai i 96221- 1357 Plan Approval Applied For: Children' s Advocacy Center Office Use PMH: 2- 2- 21x: 22, PA - 76011 We reviewed and processed subject plans for final approval. Enclosed is copy of Plan Approval sheet for perusal and file. A building permit must be applied for and secured for approved subject building improvement within two years of above date. Should you have any questions, please do not hesitate to contact HS. Sincerely, DUANE K( NUHA Planning Director Enc. Planning Dept. JUN 141996 Exhibit COUNTY PLANNING DEPARTMENT FINAL PLAN APPROVAL Applicant Children' s Advocacy Center Date June 13, 1990 Hilo Tax Map Key 2- 2- 24: 22 Location proposed use Children' Advocacy Center - Alt. to dwelling Zone RS - 10 Parcel Area 19, 295 sq. ft. As shown on Plan Conments Front Yard Existing OK Rear Yard OK Side Yard OK Ht. Of Structure OK Access to Parking Driveway off of OK Driveway to conform to County Driveway Code and Lono Street paved with all weather, dust free surface. Off Street Parking 4 new stalls and OK Office use - 1, 638/ 400 = 4. 095 stalls. existing 2 car garage Loading and Unloading Space Density Fencing: Material Height Location Landscaping As per plan OK Others Chapter 343 relating to EIS OK Exemption Conditions: 1. Parking to be paved and striped and landscaping between the parking area and Lono Street property line shall be in place prior to the issuance of the occupancy permit. 2. The office use for this facility shall not be transferable to any other State Agency. 3. The hours of operation shall be limited between the hours of 7: 45 a. m. to 4: 30 p. m., Monday through Friday. 4. Signage may be attached to the structure only. No free standing signs will be permitted. PD 09/ 85 ( 7321A/ 9A) DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: April 5. 2021 meta clam TO: Zendo Kern, Planning Director FROM: Department of Public Works, Engineering Divisior:2 SUBJECT: CHANGE OF ZONE APPLICATION ( REZ 21- 000245) Request: RS -10 to CG -7. 5 Applicant: John A. Wagner and Charlene Y. Iboshi TMK: 2- 2- 024: 022 We have reviewed the subject request forwarded by your memo dated March 5, 2021 and offer the following comments for your consideration: All development -generated runoff shall be disposed of on site and not directed toward any adjacent properties. A drainage study shall be prepared and the recommended drainage system shall be constructed meeting the approval of the Department of Public Works. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map FIRM) by the Federal Emergency Management Agency ( FEMA). Zone X is an area determined to be outside the 500 -year floodplain. We recommend the applicant improve Kinoole Street with a " full width" concrete sidewalk along the subject property's entire Kinoole Street frontage complying with the Department of Public Work' s standard detail R- 19, dated September 2017. Currently there exists a 4 -foot wide concrete sidewalk which should be widened to 10 -feet up to the existing curb. Our recommendation requires the removal of the existing sidewalk. All earthwork and grading activities shall comply with the requirements of Hawaii County Code, Chapter 10. Erosion and Sedimentary Control. Construction within the County right-of-way shall comply with HCC, Chapter 22, County Streets. Planning Dept. Questions may be referred to Robyn Matsumoto at 961- 8924. Exhibit 9 140845 DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII 795 KEKUANAO A S TREE_ SUITE 20 • . 1110 HAWAI' 196720 0 ISLEPHONF 1808) 991- 8050 • fAX ; BM 961- 865( Vont IS._ n) 1 C) 2LNE.P ) l U. AIr / endo kern. Director Planning 1) epanlnanl 1. 160\ 11 Frith K. ( ) k: mlolo. Aianuper- C Kiel Engineer SI 14. 141' 1: Change of / one Application 114411: 21- I) t)02451 Applicant — John A. Wanner and Charlene V. lhoshi Request - RS - 10 TO (' C- 7. 5 Fax ' lap Ker 2- 2- 024: 1122 c hake rekdc e I the subjeLt applicmtion and hate the 101101\ in_ aeanems and conJilions VA' ate is akuilahlc from an eyls( ino 8 -inch autcr line kviIhin Kintrolc Street fronting the subject parcel. I here K an evsting I - inch service lateral assigned to the subject parcel capable of accommodating a 5r8 -inch meter. W Inichh is limited to an nera_e dull mage of 400 gallons_ Ile 1)epannnmt has mo ubjeeIiou to Int: proposed change one app Iication- subject to the applical understanding and aecepting Ilse lidlovking conditions. The I ) epartment requests that the applicant submit estimated masimmn dulls v ater usage eaIetilation,. prepared by a pndenionnl engineer Greased 111 the Slag of l lavkai i. for review. :Ind approval. l the soave/ usage calculations should include the estimated peak lloa in gallons per minute ( GPM), and the total estimated maximum doily vkaler usage in gallons per flan'. including all litigation use. t poo receipt of the baler usage calculations abut e. the Ucparintent a ill make a ( Ieternination as to the water commitment deposit amount and prevailing lacilildes charge. kk Inch is subject to change. to he pail. takes' on the Dater lcln:utd calculations. the ) epartatent kk III determine the appropriate service Iotei. tl and mater site required I Ire esistinu Berk Ick lateral kkill need to be cut and plugged. 2. 11: c proposed / oiling kvill require the installation oto reduced pressure t' pc backllo' v peek endo] assemble. by a licensed contradot, Within foe I' S Icut of the meter on plume properlk. 11 a Largo of additional meter is requited. a hackflokk prckention assembly o III also he requirctl for that meter. I the installation of IIIc hacktlo' k pre kcation arse nhh must he inspected and approkcd M the Department hclihre commencement of kk alcr scrk ick Please he informed That IIIc esislum S - inch natcrlinc kk ' thin Kinteole Street is lopped: and Iherclbre_ adequate to provide 2. 001) ( iI' M liter lire ploteclion. as required per the I) epurinhenfs Water Sk stem Standards. Planning Dept. Exhibit Water, Out Most Ltreciolrs i4snurce , , . 10 `Wai) 1 7( 4ne.. x41133 The Qepartmer t of Water Supply Is ar Equal OpporlunaY provider anis env oyer' VIt / emit Kent _1) 1, c t. pril 1' 21M1 SnbKJ 1 I. 1. Ia.- Ic. IneLw. W u 1111111 l., ". Itl -.., .., I. 111112 the 111 P. 11 IC. 1LI I'' iCpl' p, vJ. IJV. . II Cnl. Ilt. lp c. lut.!, l! I I, R. p+ llahle I. r P. 11n, 1i land olll%telt M. Dep. rtnnnl .. dlecl. I S.. ticl .. ilClll Uicillllc._. il„ Idd ' FILL uc. e.., In ShrndJ there he I I rina. Ia4 M1- pIJnx c. gll. l<( A6 Iran l) nllorrin., Or Ullr \\ . 11l1 Rc. n uree:. lnii I' Ll nlliu_ Iir:Iud al Ofi1- SO- u. cLleu. n Sinxrch %o[ t .. lpanwit KeiIII K. Okamilo. 1'. 41mrlgcl'-(' hicl lin_ ineer copv Luo Office. of Ych K Kim N' S () n.. Connection Seelion Mitchell D. Roth Ramzi 1. Mansour Mayor Director Lee E. Lord Brenda D. lokepa- Moses Managing Director Deputy Director County of Hawai' i DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanao' a Street, Suite 41 Hilo, Hawai" 96720 Ph_ (808) 961 8083 • Fax: ( 808) 961- 8086 Email: cohdem@hawaiicounty. gov MEMORANDUM ID: Zendo Kern. Director Planning Department FROM: Rai zi I. Mansour, Director Department of Environmental Management DAIli: March 29. 2021 SCRJI.Cf Change of Zone Application ( REZ 21- 000245) Applicant. John A. Wagner and Charlene Y. lboshi Request: Single -Family Residential ( IRS - I0) to General Commercial ((' 6- 7. 5) Fax Map Key: ( 3) 2- 2- 024: 022 The Solid Waste Division has reviewed the subject application and offers the following comments and/ or recommendations ( contact the Solid Waste Division for details): 1 No comments. X 1 Commercial operations. State and Federal agencies. religious entities and non- profit organization may not use transfer stations for disposal. 1 X 1 Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. I X 1 Ample and equal room should he provided for rubbish and recycling. X ) Green waste stay he transported to the green waste sites located at the West I law ail Organics Facility and Fast 1{ awail Organics facility. or other suitable diversion programs. I X 1 Construction and demolition waste is prohibited at all County lYansfer Stations. 1 Submit Solid Waste Management Plan in accordance with attached guidelines. 1 Existing Solid Waste Management Flan is to he followed. I' rocide update to the department on current status. 1 Other: Manning Dept. Exhibit 7 County of Hawaii is an Equal Opportunity Provider and Employer 140820 Page 2 I he Wastewater Division has reviewed the subject application and oilers the following comments and 'or recommendations ( contact the Wastewater I) is ision IM details): NO eommmnts. X 1 Require connection or existing and"or proposed structures to the puhlic vest er in accordance with Section 21- 5 oldie I I. mai' i ( ouno. (' ode. Require ( lnlncil Resolution to approve setter estatsion in accordance with Section 21- 226. 1 of the I lawai' i County (' ode. Complete Sesser Extension Application. I Require extension of the sewer system to sett ice the proposed suhdi). ision in accordance with Section 23- 85 of the I lawail County Code. 1 Cheek or line ant at applicable: [ X1 If required by the Director of the Department of Environmental Management (" Director of DEAF), [%(] applicant shall conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the Counts sewer system. Applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonahl) require. which the sewer study may indicate are adcisabic For utitigatiou of iutpacL, or the proposed [ Holed. Contact Wastewater Di% ision Chief Ior details. 7-t-- ) thcr:/ Y7`— e - t-. fi Ct¢ gs7.c 777/24.440M Rio pa thr4fli. Mitchell D. Roth Robert R. K. Perreira tractor Ienne Fire ( Lief Lee E. Lard ItanuRi,i Director Cotton) of . jatuai` i HAWAII FIRE DEPARTMENT 25 ] mumu Street • Smile 2511 • I lila. I I. nui i iC720 0111x1102- 2000 • Po IK0) 912- V928 March 19. 2021 TO: ZEN DO KERN. PLANNING DIRECTOR FI2OM11: ROBERT R K. PFRRFIRA, ACTING FIRE CHIRP SUBJECT: Change of Zone Application ( REZ 21 000215) Request: Single -Family Residential ( RS -10) to General Commercial ( CG -7. 5) Applicant: John Wagner & Charlene Ihoshi Tax Map Key: I- 1- 024: 022 Regarding the above-mentioned request, the following shall be in accordance: NEPA 1, UNIFORM FIRE CODE, 2006 EDITION A' otc: / Imrai' i. Rute Fire ( , National Inc Ihhiectiun. Lecocialion 2006 version. utilt ( enthir u/ lbw! tti' i onwilclnlenr. (' ounfr amendments ore identiiiet1 with a preceding"(. " o/ the re/ rrenor rude. Chapter 1 S Eire Department Access and Water Supply 18. 1 General. Fire department access and water supplies shall comply with this chapter. For occupancies of an especially hazardous nature, or where special hazards exist in addiittm to the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult. or areas where there is an inadequate fire flow, or inadequate fire hydrant spacing. and the AEU may require additional safeguards including, but not limited to, additional fire appliance units, more than one type of appliance, or special systems suitable for the protection of the hazard involved. 18. 1. 1 Plans. 18. 1. 1. 1 Fire Apparatus Access. Plans for lire apparatus access roads shall be submitted to the lire department fur review and approval prior to construction. Nanning Dept. Exhibit Oern( i ( nun[ g i, n rgunl Oyp' rh, n„ 9 Preonler a 140643 endo Kern. Planning Director March 19. 2021 Pace 2 of 9 18. 1. 1. 2 Fire 111 drant Systems. Plans and specifications for fire hndrant >c, Iuns shall he submitted Io the lire department li' rex ica and Lipp -m: 11 prior to construction. 18. 1. 1. 2. 1 Fire Hydrant use and Restrictions. No unauthoriicd person shall use nr operate tmv I: ire hydrant unless such person first sccurc+ permission or a permit from the owner nr representative of the department, or company that owns or governs that ' cuter supply or system. Exception. Pare Department personnel conducting firefighting operations. hydrant testing. andmr maintenance. and the flushing and acceptance of hydrants witnessed by Fire Prevention Bureau personnel_ 18. 2 Fire Department Access. 18. 2. 1 Fire department access and lire department access roads shall he provided and ' 11 111inr I in accordance with Section 18. 2. 18. 2. 2* Access to Structures or Areas. 18. 2. 2. 1 Access l3osles). The AHJ shall have the authority 10 require an access boles) to be installed in an accessible location' ncere access to or within a structure or area is difficult because of security. 18. 2. 2. 2 Access to Gated Subdivisions or Developments. The AHJ shall have the authority to require lire department access be provided to gated subdivisions or developments through the use of an approved device or system. 18. 2. 2. 3 Access Maintenance. The owner or occupant of a structure or area. with required fire department access as specified in 18. 2. 2 1 or 18 2. 2. 2, shall notify the AlJ when the access is modified in a manner that could prevent fire department access. 18. 2. 3 Fire Department Access Roads. (* may he referred as FDAR) 18. 2. 3. 1 Required Access. 18. 2. 3. 1. 1 Approved lire department access roads shall he providal forevery facility, building. or portion of a building hereafier constructed or relocated. 18.2. 3. 1. 2 Fire Department access roads shall consist of roadways, tire lanes, parking Tots lanes. ora combination thereof. 18. 2. 3. 1. 3* When not more than two one- and two- family dwellings or private garages, catpons. sheds. agricultural buildings, and detached buildings or structures 400112 ( 37 m2) or Icss arc present, the requirements of 182. 3. 1 through 18. 2. 3. 2. 1 shall he permitted to he modified by the A11. 1. endo Kern. Planning Director Vlarch 19. 2021 Page 3 of 9 18. 2. 3. 1. 4 U' hcn tire department access roads cannot he in. tutted due In Iocnion on property. topography. w:ucrwa} s, nonnegotiable grades. or otter similar conditions. the Al I1 shall he authorized to itiyuire additional fire protcetion funnies_ 18.2. 31 Access to Building. 18. 2. 3. 2. 1 A lire department access road shall extend to within in 50 11 ( 15 m) of at least one exterior door that can he opened Bohn the outside that provides access to the interior of the building. Exception: I and 2 single- family dwellings. 18. 2. 3. 2. 1. 1 When buildings are protected throughout with an approved automatic sprinkler system that is installed in accordance with NFPA 13. NFPA 13D. or NFPA 13R. the distance in I8. 2_.3. 2. 1 shall he permitted to he increased to 301) feet_ 18. 2. 3. 2. 2 Fire department access roads shall be provided such that any portion of the facility or any portion of to exterior wall of the first story of the building is located not more than 150 II 46 m) Rom lire department access roads as measured by an approved route around the exterior of the building or facility. 18. 2. 3. 2. 2. 1 When buildings are protected throughout with an approved automatic sprinkler system That is installed in accordance with NFPA 13, NFPA 13D. or NFPA 13R, the distance in 18. 2. 3. 2. 2 shall be permitted to be increased to 450 11 1137 m). 18. 2. 3. 3 Multiple Access Roads. More than one fire department access road shall be provided when it is determined by the AlIJ that access by a single road could he impaired by vehicle congestion. condition of terrain. climatic conditions, or other factors that could limit access. 18. 2. 3. 4 Specifications. 18. 2. 3. 4. 1 Dimensions. C— 18. 2. 3. 4. 1. 1 FDAR shall have an unobstructed width of not less than 2011 with an approved Inn around area if the FDAR exceeds 150 feet. Exception: FDAR for one and two family dwellings shall have an unobstructed width of not Tess than 15 diet. with an area of not Icss than 20 feet wide within 150 feel of the structure being protected. An approved tum around arca shall he provided if the FDAR exceeds 250 feet. C— 18. 2. 3. 4. 1. 2 FDAR shall have an unobstructed vertical clearance of not less then 1311 6 in. C— 18. 2. 3. 4. 1. 2. 1 Vertical clearances may be increased or reduced by the AHJ, provided such increase or reduction does not impair access by the fire apparatus. and approved signs are installed and maintained indicating such approved changes. C- 18. 2. 3. 4. 11. 2 Vertical clearances shall be increased when vertical clearances or widths are not adequate to accommodate tire apparatus. end)) Kern. Planning Dh'eelor larch 19. 2021 Pace 4 of9 C— 18. 2. 3. 4. 2 Surface. 1 - ire department tiecess roads and bridges shall he designed and maintained to support the unposed loads ( 25 l bast ofthe lire apparatus. Such HMI( and shall he comprised ()Can all- weather driving surface 18. 2. 3. 4. 3 Turning Itadius. C— 18. 2. 3. 4. 3. 1 Fire department access roads shall have a minimum inside taming nulius of all feet.. and a minimum outside turning radius of 611 rect. 18. 2. 3. 4. 3. 2 Tums in lire department access road shall maintain the minimum road width. 18. 2. 3. 4. 4 Dead Ends. Dead- end tire department access roads in excess of 150 It 146 m) in length shall be provided with approved provisions for the tire apparatus to turn around. 18. 2. 3. 4. 5 Bridges. 18. 2. 3. 4. 5. 1 AVhen a bridge is required to he used as part of a fire department access road. it shall be constructed and maintained in accordance 1.c1111 county requirements. 18. 2. 3. 4. 52 The bridge shall be designed for a live load sufficient to carry the imposed loads of lire apparatus. 18. 2. 3. 4. 5. 3 Vehicle load limits shall he posted at hoth entrances m bridges where required by the AH J_ 18. 2. 3. 4. 6 Grade. 18. 2. 3. 4. 6. 1 The maximum gradient of a Fire department access road shall not exceed 12 percent fur unpaved surfaces and 15 percent for paved surfaces_ 111 areas of the FDAIt where a Fire apparatus Ieould connect to a Fire hydrant or Fire Department Connection. the maximum gradient of such area( s) shall not exceed 10 percent. 18. 2. 3. 4. 6. 2* The angle of approach and departure for any means of fire department access road shall not exceed 1 0 drop in 20 9 ( 0.3 in drop in 6 in) or the design limitations of the lire apparatus of the lire department. and shall he subject to approval by the Al 1J- 18. 2. 3. 4. 6. 3 Fire department access roads connecting to roadssays shall he prodded tv ith curb cuts extending at least 2 ft ( 0. 61119 beyond each edge of the fire lane. 18. 2. 3. 4. 7 Traffic Calming Devices. The design and use of traffic calming devices shall he approved the A11. 1. 18. 2. 3. 5 Marking of Fire Apparatus Access Road. endo Ken, Planning Director March 19. 2021 I' agc 5 o19 18. 2. 1. 5. 1 AA' here iei1uircd by dm : AI I. 1, cd signs or other epproyed notices mall be prof ided and maintained to identify lire department access roads 01 to prohibit the obstruction thereof of hods. 18. 2. 3. 5. 2 A marked fire apparatus access road shall also he known as a lire lune. 18. 2. 4* Obstruction and Control of Fire Department Access Road. 18. 2. 4. 1 General. 18. 2. 4. 1. 1 the required width of a lire department access road shall not he obstructed in any manner. including by the parking of - chicIe.. 18. 2. 4. 1. 2 Minimum required widths and clearances established under 18. 2 3. 4 shall he maintained at all times. 18. 2. 4. 1. 3* Facilities and structures shall be maintained in a manner that does not impair or impede accessibility for fire department operations. 18. 2. 4. 1. 4 [ ntrancCS to lire departments access roads that have been closed with gates and barriers in accordance with 182.4. 2- 1 shall not be obstructed by parked vehicles. 18. 2. 4. 2 Closure of Accessways. 18. 2. 4. 2. 1 The All I shall he authorized to require the installation and maintenance ofgates or other approved barricades across roads, trails. or other accessways not including public streets. alleys. or highways. 18. 2. 4. 2. 2 Where required, gates and barricades shall be secured in an approved manner. 18. 2. 4. 2. 3 Roads, trails, and other access ways that have been closed and obstructed in the manner prescribed by 18. 2 42. 1 shall not be Trespassed upon or used unless authorized by the owner and the A111. 18. 2. 4.2. 4 Public officers acting within their seope of duty shall be permitted to access restricted properly identified in 18. 2. 4. 2. 1. 18. 2. 4. 2. 5 Locks. gates. doors, barricades. chains. enclosures, signs. tags. or seals that have been installed by the lire department or by its order or under its control shall not he removed. unlocked. destroyed, tampered with, or otherwise vandalized in any manner. 7.endo Kern. Planning Director March 19. 202_1 I' auc 6 o1 9 18. 3 \ Water Supplies and Fire Ily rlrants 18. 3. 1* A tt: uer supply approved by the county. capable of supplying the required lire Him lin lire protection shall be prof idol to all premises upon which facilities or buildings. or portions thereoh are hereafter constructed, or Inowd into or within the cuuruy. When any portion or the facility or building is in excess of 15(1 feet 145 720 nun) linin a water supply on a lire apparatus access road. as measured be an upproced route around the exterior of the facility or building. on- site lire hydrants and mains capable or supplying the required lire Ilnw shall be provided when required by the A1IJ. For on- site tire hydrant requirements see section 18. 3. 3. EXCEPTIONS: 1 When facilities nr huildines. or portions thereof. are completely protected with an approved automatic fire sprinkler system the provisions or section 18. 4. 1 may he modified by the Nil. When water supply requirements cannot be installed due to topography or other conditions, the AHJ may require additional lire protection as specified in section 18. 3. 2 as amended in the code. 3. When there are not more than two dwellings, or two private garage. carports. shads and agricultural. Occupancies. the requirements of .section 18. 3. 1 may be modified by A111. 18. 3. 2* Where no adequate or reliable water distribution system exists, approved reservoirs, pressure tanks. elevated tanks, lire department tanker shuttles. or other approved systems capable of providing the required tire How shall he permitted. 18. 3. 3* The location, numher and type of lire hydrants connected to a water supply capable of delivering the required lire flow shall be provided on a tire apparatus access road on the site of the premises or high. in accordance with the appropriate county water requirements_ 18. 3. 4 Fire Hydrants and connections to other approved water supplies shall be accessible to the tire department. 18. 3. 5 Private water supply systems shall be tested and maintained in accordance with NFPA 25 or county requirements as determined by the A 11.1. 18. 3. 6 Where required by the AHJ, lire hydrants subject to vehicular damage shall be pr teetcd unless located within a public right or N1 18. 3. 7 The AllI shall be notified whenever any tire hydrant is placed out of service or rdumcd to service. Owners 01 private property required to have hydrants shall maintain hydrant records of approx al. testing. and maintenance. in accordance with the respective county water requirements. Records shall he nude available for review by the .AHJ upon request. end() Ken]. Planning Director March 19. 2021 Page 7 of9 C— I8. 3. K VlininMI 1 ]] nler supply lir buildings Ihat do mol nixet the minimum Count h ]] atar standards: Buildings up to 2000 square feet, shall Itus e a minimum 013. 000 gallons of water available 1hr Firefighting. Buildings 2001- 3001) square feet. shall have a minimum of 6,( I00 gallons of water available for Firefighting. Buildings. 3( 101- 6000 square feet. shall have a minimum of 12. 000 gallons o( water available for Firefighting. Buildings. greater than 6000 square feet. shall meet the minimum County seater and lire Ilow requirements. Multiple story buildings shall multiply the square feet by the amount of stories when determining the minimum water supply. Commercial buildings requiring a minimum fire flow of 2(} Oflgpin pe the Department of Water standards shall double the minimum water supply reserved Ihr firefighting Fire Department Connections ( FDC) to alternative water supplies shall comply with I 8. 3. K ( 1)- 16) ofrhi.. cudr. NOTE: In that water catchment systems are being used as a means of water supply for firefighting, such systems shall meet the following requirements: 1) In that a single water tank is used for both domestic and firefighting water, the water for domestic use shall not he capable of being drawn from the water reserved lir firefighting: 2) Minimum pipe diameter sizes front the waterssupply to the Fire Department Connection FDC) shall be as follows: a) 4.. for 4. 900 [' VC pipe: hl 4' for (' 906 PE pipe: c) ?- for ductile Iron: di 3' for gab aniied steel. 3) The Fire Department Connection ( FDC) shall: al he made of galvanized steel: b) have a gated valve with 2- 1: 2 inch, National Standard Thread male fitting and cap: c) he located between 8 fl and 16 ft from the Fire department access. The location shall he approved by the AID. lend° Kern. Planning Director Viahrh 19, 2021 I' agc S or d1 not he located Ices than 24 inches. and no higher than 36 inche nom finish gi ,idd. ns measured Irian the center of the II)( oriller, el be secure and capahle of w iihstanding dr hiking operations. ltngineered stamped Plans may be required: 1) not he located more than 150 feet of the most ' emote pan, but not Tess than 20 feet. of the structure keine protected: g1 also comply with section 13. 1 . 3 and 18. 2. 3. 4. 6. 1 of this rude. 4) Commercial buildings requiring a fire note of 200Ogpm shall he provided with a second FDC. Each FDC shall be independent of each other, with each FIX' being capable of flowing 500gpnt by engineered design standards. The second FDC shall he located in an arca approved hr the A11. 1 with the idea ofmultiple Fire apparatus' conducting drafting operations at once. in mind. 51 Inspection and nta1ntcnancc shall be in accordance to NFPA 25. 61 [ he ow 11cr or lessee of the property shall he responsible tier maintaining the water level. quality. and appurtenances of the system. EXCEPTIONS TO SECTION 18. 3. 8: 11 Agricultural buildings. storage sheds, and shade houses with no combustible or equipment storage. 2) Buildings less than 800 square feet in size That meets the minimum Fire Department Access Road requirements. 31 For one and two family dwellings, agricultural buildings, storage sheds, and detached garages 80( 1 to 2000 square Feet in size. and meets the minimum Fire Deparment Access Road requirements, the distance to the Fire Department Connection may he increased to 10( I( 1 Iec(. 4) For one and oto (anti ly dwellings, agricultural huildings, and storage sheds greater than 21111fsquare feet. but less than NM square feet and meets the minimum Fire Department Access Road requirements, the distance to the Fire Department Connection nary he increased to 500 feet. emit) Kern, Planning Director Vlach 19. 2021 Page 0 or 9 I or huildinps tt ilh un uppro% Jut Ate sprinkler-syslcni. the mininmm Itersupph retluircd may he nnxlilictl. IIthere aro any questions regarding Ihcsc rcquirentenlc please contact Assislunt Hire Chid len Smith at 18190932- 2907, ROBERT R. K. PERREIRA Actinu Fire Chief DAVID". IGE ELIZABETH A. CHAR. IAD STATE OF HAWAII DEPARTMENT OF HEALTH 0 68x J' c A1EMORAAU( i. M DATE: April 6. 2021 TO. Mr. Zcudo Kern Planning Dire/ of Hawaii FROM: Eric Honda " District Environmental Health Program Chief SUBJECT: Change of Zone Application ( REZ 21- 000245) Applicant: John A. Wagner and Charlene Y. [ boshi Request: Single - Family Residential ( RS - 10) to General Commercial CG -7. 5) FMK: 2- 2- 024: 022 We recommend that you review all of the Standard Comments on our website: Any comments specifically applicable to this project should he adhered to. The same wehsite also Features a Healthy Community Design Smart Growth Checklist Checklist) created by Built Environment Working Group IBEWG) of the Hawaii State Department of Health. The BEWG recommends that state and county planning departments, developers. planners, engineers and other interested parties apply the healthy built environment principles in the Checklist whenever they plan or review new developments or redevelopments projects. We also ask you to share this list with others to increase community awareness On healthy conmmnity design. arming Dept. Exhibit ` 1 140889 1ctoor,,,CCounty 1. aw, Office. olYch & him I PI PI 1 I Pi \. 1111111 Kituna Awnuc. Suite li. Ililu. [ I, II ( 1720- 111S9 111 I I) I, cicplmn. 1SIIS 1161 OD, V CH, w. uuu v; h, mdklni a, m k1111\ A VAn•.., pal 21- 2021 Keith K. Okamoto Manager C hiel t n, Department uI N ater Supply oust‘ uI 11uwaii 145 Kekuanao a Street. Suite 20 Hilo. I lamvii ' 767'20- 4224 Re: Change of 7,one Application ( RP/. 21- 000245) pplicanb: John: A. Wagner and Charlene Y. Ihoshi Request. ILS - I0 to t G-/ 3 IlMK No.: ( 2112- 2- 024: 022 A aiakea. District of South Ililo, flaw an 1) e r Nir. Okamoto: I his is in reply to the :April 12. 2021 letter from the Department of Water Supply ( DWS) commenting on the subject Application for Change of / one (' TO/ Applicatiotf' I requiring certain conditions. After speaking with 64r. Quiloriano of DWS on April 16, 2021, we understand that certain of D WS' s requested conditions are based on an assumption that approval of the CO/ Application will lead to an expected increase in water demand teased on an increase in the number of offices, employees. tenants or clientele using or occupying the property. l his assumption. however. is not born out by the representations made in the CO/ Application. Therefore. Applicant respectfully requests that DWS reconsider such conditions. Specifically. the CO/ Application seeks formalization of the existing commercial use of the property by the Judiciary of State of l lawaii so as to continue such use and possibly. should the current lease not he continued, allow for other commercial users of the property. See C0/. Application. p. Sec. A( 1 I. Such use hr other commercial users. however. would not materially increase the current water usage. as stated in the ('( 1/ Application. See / d, p. 10. Sec. A( 6) Applicants' CO/ request. to hmnalize and conform the existing ()nice use, is not expected to mweriallc increase the number or employees and clientele present at the Property on a daily. weekly. or monthly hasis- h odyn p. 11. Sec. A( 101 (" No additional usage OF increased usage is sought or required with this CO/ request:). While it is true that the existing dwelling could accommodate up to three offices total. whereas it currently accommodates only one large ° dice pace Mr the Judiciary 1/ d.. p. 4. Sec. A( 111. this docs not equate to more users. but merely a ditterent configuration or use of the space. Applicants have no plans at this time to lusher develop the property with additional improvements or a suhdisision thereof. hus. based on the above and Applicants' (' OZ Application. we hereby respectfully request that DWS ainend or remove the following conditions requested in its April 12. 2021 letter: Planning Dept. Exhibit ID 141373 ILvv ( )(lice.: or Yell K Kim lieith I:. Okamoto I ) epztrtment ul \\ finer Supply pril 21. 1021 Page_ II of t . mdiwm \ umber I. tt hien nwe:. 1 he Delmo ucnt rcquc ,. than the applicant submit caim; uetl nmsinuun daily tt: iter u. auc calculations. prepared h' proressiunul engineer licensed In the Slate of I lam an For rev lett ; old apprutal. Ile nater usage calculations should include the stated peak Ilan in gallons per minute It il' AI). and the total estimated maximum daily ( cater usage in gallons per dans including irrigation use. ( Mon receipt of the water usage c. dndmions uhme, the Department will make a determination as to the water commitment deposit amount and the pre%ailing Facilities charge which k subject to change, to he paid. Based on the nater demand calculations, the Departmentrtment will determine the appropriate sen ice lateral and meter siic required. The existing service Literal n ill need to he cut and plugged'_; and A portion of Condition Number 2. which states: " If a larger or additional meter is required. a hackllow prevention assembly will also he required for that meter. - Thank nal For your time and consideration or this request. Please do not hesitate to contact us should you require an\ additional information or wish to discuss this matter further tilos we hear from t ot1 soon. en Irak sours. LAW OPPI(' I`: S () I I. nc inures Pc John A. Wagner and Charlene Y. Ihoshi Lando Kern, Director. Planning Department