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The Existing Dwelling That Is Located on the Subject Property

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The Existing Dwelling That Is Located on the Subject Property a W agnedboshi REZ. tic .5. 4. 21 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.
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