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HomeMy WebLinkAboutCOM 0299.000 2000-2002 Harr Kim <P°~?v o¢~~'+ Dizie Kaetsu Mayor ` b~~~' Managing Director r' ;~;.v Peter T. Young r .'t s DE Mo' Deputy tV{anaging Director ~~~131~~ al~T~ll 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 96i-821 l • Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808)329-5226 • Fax (808)326-5663 August 7, 2001 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Application (REZ 568) Applicant: William V. Brilhante Request: Time Extension to Condition "B" Tax Map Key: 2-2-037:027 / ~,3w~~.f' ti~'~LS#Iti: s~.~3~~~1{.': ~lfs~ ~~3.~.~ iV~~ ss1i`€S t 1'~f u~: 1~f3 ~ ~~~~~;:1 Proposed Street Name - Pu`alaea Place Subdivision, Pu`alaea, North Hilo, Hawaii Pu`alaea Place and Pu`alaea Lane TMK: 3-6-11 Proposed Street Name - Waiakea - Punahoa 1St South Hilo, Hawaii Mohouli Street -Extension of an Existing Street TMK: 2-4-73 2-5-6 2-3-44 & 2-3-47 As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action is the Planning Commission's letter and enclosures regarding the above-referenced request. Sincerely, T/ / ` Comm. No.. _ Harry Kim - Mayor Fiie No. ~i l/ Q9 Ref. To: _ Ref. Date A()f 1 ~~~Q~ County Council Members Page 2 LO 1.May Enclosures cc: Planning Department a~v,oa yq~ Harry Kim Mnyor 'f e o~~~~ ~®~.t ~f Hawaii PLA1eT1VING CONI1~~dISSION 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252 (808)961-8288 • Fax (808)961-8742 Q 2 2001 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Application (REZ 01-006) Applicant: Okutau, LLC Request: RS-15 to RS-10 Tax Map Kew: 2-4-14:42 The Planning Commission, after a duly held public hearing on July 20, 2001, voted to recommend for your approval the proposed legislative bill to change the district classification for approximately 26,640 square feet of land from Single Family Residential (RS-15) to Single Family Residential (RS-10). The property is located on the eastern corner of West Puainako Street and Kanoelani Street, Waiakea, South Hilo, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The proposed change of zone to Single-Family Residential (RS-10) zoned County Council Members Page 2 district will conform to the goals, policies and standards of the Land Use Element of the General Plan. Land Use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall Land Use goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. These state the following: Land Use • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. • Zone urban and rural types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. The proposed change of zone for Single Family Residential zoned district will conform to the following goals, policies and standards of the Single Family Residential and Housing Elements of the General Plan. Single Family Residential • To maximize choices ofsingle-family residential lots and/or housing for residents of the County. County Council Members Page 3 • To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. • Rural-style residential-agricultural developments, such as new small scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. Housing • Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. • Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. The applicant is requesting the change of zone in order to subdivide the property into two lots. Construction is ongoing for a single family dwelling on the parcel. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals, policies, standards and course of action to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The subject property is designated Low Density Urban. This designation includes uses single family residential in character, ancillary community and public uses, and convenience type commercial uses. The applicant's proposal to subdivide the subject property into two parcels with minimum 10,000 square feet in size is consistent with the Low Density Urban designation. The applicant intends to subdivide the 26,640 square feet parcel into two lots. Two similar change of zone requests within a quarter mile of the subject parcel were approved in 1988 and 1995, respectively. Neighboring properties are in single family residential uses. As such, the proposed development would be a reasonable expansion of residential uses that already exist in the area. County Council Members Page 4 The requested zone change is consistent with the Hilo Community Development Plan. While this 1975 plan suggests the retention of the Single-Family Residential - 15,000 square feet (RS-15) zoned district, the requested zone change does conform to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map which designates the property for Low Density Urban Development. Such a designation may allow residential uses at a maximum density of four units per acre. The proposed Single Family Residential -10,000 square feet (RS-10) zoned district does fall within this General Plan density limit. Thus, the request is consistent with the Hilo Community Development Plan. The proposed development will not adversely impact any recreational, including access to and along the shoreline, or visual resources to the shoreline and coastal ecosystems. The subject request is consistent with Chapter 205A, Coastal Zone Management. The project area is located mauka of Kanoelehua Avenue, approximately 4.5 miles from the nearest coastline and is in an existing residential area. In addition, the property is not located within an area recognized by the General Plan as an example of natural beauty. There are no existing public access to mountain areas or knowledge of public access being used. Therefore, there are no traditional and customary native Hawaiian rights that are exercised in the area. The proposed change of zone 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 located on the eastern corner of the West Puainako Street/Kanoelani Street intersection. Waiakea Intermediate School and Waiakea Elementary School are located to the northeast, across West Puainako Street. It is not anticipated that the 2-lot subdivision would have a major regional impact. A 5-foot future road widening strip is required along Kanoelani Street. In addition, a minimum 30 feet radii future road widening setback is desired by the Department of Public Works. The Department of Public Works, Engineering Division does not recommend any additional access along Kanoelani Street but deferred permitted access questions onto Puainako Street to the State of Hawaii, Department of Transportation. The Department of Transportation recommends that the two resultant lots have access only to Kanoelani Street. However, the approved building plans for the dwelling under construction denote an access from West Puainako Street. Since accesses for the corner lots of West Puainako Street/Iwalani Street and West Puainako Street/Anela Street are Iwalani Street and Anela Street, respectively, access for the proposed corner lot will be limited to Kanoelani Street. Water can be made available from an existing 6-inch waterline along Kanoelani Street or an existing 8-inch waterline along Puainako Street. The parcel currently has service with the Department through a 1-inch service lateral with a County Council Members Page 5 5/8-inch meter on Puainako Street. The applicant is proposing to utilize a septic tank system to dispose of wastewater. The Hilo Police Station is located approximately 2 miles from the site, and the Central Fire Station is located on Kawailani Street, approximately 1 mile south of the property. All other essential utilities and services are available to the site. The project area has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the project area within Zone X, areas determined to be outside the 500-year flood plain. The project area is also located more than four and a half miles from the coastline and as such, outside of any tsunami inundation area. Based on the foregoing, approval of the Change of Zone request from RS-15 to RS-10 would result in an appropriate land use pattern that will further the public convenience, necessity and general welfare. For your favorable consideration, an amendment to Section 25-8-33, the City of Hilo Zone Map, of the County Zoning code is transmitted. We are enclosing a copy of the staff background for your information. Sincerely, Geraldine M. Giffin, Chairman Planning Commission OkutauCounltr Enclosures cc: Okutau, LLC Department of Public Works Department of Water Supply Brian Minaai, Director/DOT-Highways, Honolulu Bokutau0l.eti6/20/01 COUNTY OF HAWAII PLANNING DEPARTMENT EACKGROUND REPORT OI~UTAU, LLC CIIANGF. OF ZONE APPLICATION (REZ 01-006 Okutau, LLC is requesting a Change of Zone by changing the district classification from Single Family Residential (RS-15) to Single Family Residential (RS-10) for approximately 26,640 square feet of land. The property is located on the eastern corner of West Puainako Street and Kanoelani Street, Waiakea, South Hilo, Hawaii, TMK: 2-4-14:42. GENERAL INFORMATION 1. Land Ownership: Okutau LLC is the fee owner of the subject property, whose principals include Reef L. Tauati and Sanford K. Okura. PROPOSED REQUEST 2. Request: The applicant is requesting the change of zone in order to create atwo-lot subdivision. 3. Objective: The property will be subdivided as soon as the necessary approvals are secured and either sold or rented, contingent on current market conditions. 4. Supportive Information: (See Exhibit A -Change of Zone Application and Letters dated June 18, 2001 and June 19, 2001) STATE AND COUNTY PLANS 5. State Land Use District: Urban. 6. General Plan: Consistent with the goals, policies, standards and courses of action of the Land Use, Housing and Single-Family Residential Elements. 7. General Plan LUPAG Map: The LUPAG Map designation is Low Density Urban Development, which is defined as "single-family residential in character, ancillary community and public uses and convenience type commercial uses." 8. County Zoning: Single Family Residential-15,000 square feet (RS-15). 9. Special Management Area (SMA): The property is not within the SMA boundary and is located about 4t/z miles from the nearest coastline. -1- 10. Chapter 205A, Coastal Zone Management: Although the entire island is within the Coastal Zone Management Area, the subject property is located about 4'/z miles from the nearest coastline. It is adjacent to existing residential uses. Therefore, the proposed use will not adversely impact any recreational resources, including access to and along the shoreline and mountain, scenic and open space or visual resources, coastal ecosystems, and marine and coastal resources. The property will not be affected by any coastal hazards or beach erosion. 11. Hilo Community Development Plan: Adopted in 1975, the Plan reflects the subject property as RS 15 (Single-Family, 15,000 s.f.) DESCRIPTION OF PROPERTY AND SURROUNDING AREA 12. Subject Property: This 26,640 square feet rectangular-shaped property has been entirely cleared of vegetation. The existing structure was demolished and Building Permit No. 010435 for a three bedroom, 2'/z bath dwelling was taken out on April 11, 2001. Construction of this single-family dwelling appears to be approximately 90% complete. 13. USDA Soil Survey Report: The classification is Keaukaha extremely rocky muck, 6 to 20 percent slopes (rKFD). It is undulating to rolling and follows the topography of the underlying pahoehoe lava. The surface layer is very dark brown muck about 8 inches thick. It is underlain by pahoehoe lava bedrock. The soil above the lava is rapidly permeable. The pahoehoe lava is very slowly permeable, but water moves rapidly through the cracks. Runoff is medium, and the erosion hazard is slight. 14. Land Study Bureau Soil Rating: Urban 15. Agricultural Land Of Importance to the State of Ilawaii (ALISH) Map: The site is classified Urban by the ALISH Map. 16. Flood Insurance Rate Map (FIRM): The subject property is located within Flood Zone X, areas determined to be outside the 500-year flood plain. 17. Flora/Fauna Resources: The entire property has been cleared. Construction is ongoing for a single family dwelling. In addition, since the surrounding area has already been improved with residences, it is anticipated that there are no endangered or threatened -2- species of plant or animal situated on the subject property. 18. ArchaeologicaUCultural Resources: As stated earlier, the entire property was cleared and is surrounded by residentially developed areas. Therefore, it is anticipated that there are no known historic sites on the property as listed on the State or National Register of Historic Places. 19. Cultural or Native Gathering Rights: According to the applicant, there are no valued cultural, historical or native resources nor has any traditional and customary native Hawaiian rights been practiced in the area. 20. Public Access: There are no existing public access to and along the shoreline or to mountain areas or knowledge of public access being used. 21. Surrounding Zoning/Uses: Lands to the immediate south, east and west are zoned Single Family Residential (RS-15). This area is primarily in single family residential use although there is a church, Hilo Daijingu, on the adjacent parcel to the east. The State of Hawaii parcels across West Puainako Street are zoned Single-Family Residential (RS- 10). The Waiakea Educational Complex consisting of Waiakea Intermediate School and Waiakea Elementary School is located approximately 500 feet to the east along West Puainako Street. Subdivision No. 295 created lots along Kanoelani Street that were between 24,000 to 48,000 square feet in size. Lots along the two contiguous streets, Iwalani Street to the west and Anela Street to the east, were subdivided into smaller sized lots, approximately 15,000 to 16,000 square feet in size. The Hilo Municipal Golf Course, Kawailani Fire Station and the Ainaola Park are all located approximately 1 mile south of the subject property. 22. Rezonings in the Area: A. TMK: 2-4-14:50 (REZ 805), Ordinance No. 95-10 effective September 28, 1995 to Miles Yoichi and Yi Soon Sakane, located approximately 840 feet south of the subject parcel on Kanoelani Street, from Single-Family Residential (RS-15) to Single-Family Residential (RS-10). Subdivision No. 6697 was approved on March 12, 1996 to allow for 21ots. B. TMK: 2-4 14:8 (REZ 578), Ordinance No. 88 13 effective February 16, 1988 to Nira Kurihara, located 960 feet from the intersection of West Puainako Street and -3- Pohakulani Street; from Single-Family Residential (RS-15) to Single-Family Residential (RS-10). Subdivision No. 6204 was approved on October 19, 1992 to allow for 3 lots. PUBLIC FACILITIES AND UTILITIES 23. Access: The subject property fronts West Puainako Street and Kanoelani Street. West Puainako Street has a pavement width of approximately 24 feet with 2 to 3-foot wide paved shoulders within a 120-foot right-of--way. Kanoelani Street has a pavement width of 18 feet with 9-foot gravel/grass shoulders within a 50-foot right-of--way. The Department of Public Works did not recommend access along Kanoelani Street and deferred access questions onto Puainako Street to be directed to the State Department of Transportation. The State Department of Transportation recommended that both lots have access only to Kanoelani Street. According to Building Permit No. 010435 which was approved by the Department of Public Works, Engineering Division on March 2, 2001, the site plan for the dwelling under construction denoted a driveway access off of West Puainako Street. Corner lots along Anela Street and Naniakea Street to the east do not take access off of West Puainako Street. 24. Water: Water can be made available from an existing 6-inch wateline along Kanoelani Street or an existing 8-inch waterline along Puainako Street. 25. Other Utilities and Services are available for the proposed development. The Kawailani Fire Station is located about 1 mile south and the Central Police Station is located approximately 2 miles from the subject property. AGENCIES' -COMMENTS 26. Police Department: (January 23, 2001 Memo): "Staff has reviewed the above-referenced application and has no comments or objections to offer at this time." 27. Fire Department: (Apri118, 2001 Memo): "We have no comments regarding the above-referenced Change of Zone Application." 28. Real Property Tax Division: (Apri117, 2001 Memo): "There are no comments at this time. "Real Property taxes are paid through June 30, 2001. " -4- 29. Department of Health: (Apri117, 2001 Memo): "The proposed Septic Tank System would need to be designed by a Registered Professional Engineer licensed by the State of Hawaii. Please submit the plans to our office for approval." 30. Department of Transportation -Honolulu (May 3, 2001 Letter): "Thank you for requesting our review of the propose change of zone. The proposed change of zone is not anticipated to have a significant impact on Puainako Street, our State facility. However, we recommend that both lots have access only to Kanoelani Street." 31. Department of Public Works: (See Exhibit B -April 12, 2001 Memo) 32. Department of Water Supply: (See Exhibit C -June 6, 2001 Memo) AGENCIES - NO IZESPONSE 33. Department of Transportation -Hilo PUBLIC COMMENTS 34. The Department has received a note from the adjoining property owner to the south, Bert H. Kavo~ahara, objecting to the subject application. (See Exhibit D) -5- C~IANGE Off' ZONE AI'PLICATIOI®T COUNTY OF HAWAII - ' PLANNING DEPAI~TIVIENT (Type or legibly print the requested information) ~ APPLICANT: L- • A ~ I C ®k h~~ l,l~ L . ~ i.,`--, . . APPLICANT'S SIGNATURE: ~ ' DATE: ~ 9 ~ i ADDRESS: ~.2 Ul~l~ LIST APPLICANT'S INTEREST IF NOT OWNER: ~~atxac®.t~1` 1s4~?bol~t~~2 LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: ~S°9-I61~ (Fax) C'/3~'_ ~~a " PPIONE:(Bus.) ~~b' (Res. LANDOWNER(S):_ ~--~NbO(~s l~~ ~r~t~N~" LANDOWNER SIGNATURE(S): Pr' t7 Ar~V~. DATE: ~ ~ j ((Ma~y be by tter) LANDOWNER(S) ADDRESS: l~bi°UN~ 6~~ ~Fii..~ H1 REQUEST: TO ~ I ~ (Existing zoning) (Proposed Zoning} TAX MAP KEY: ~ ~ _ • ~Z STREET ADDRESS OF PROPERTY: ~ ~ ~1 Pu ~l N ~k~ SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: ~'U!-~~ AGENT: ADDRESS: ~i~N~ R-OPe~ ~-t~ , ~ TELEPIiONE:(Bus.) (Res.) f bl~ (Fax) ~~S ~ `~?~C3(') Please indicate to whom original correspondence and copies should be sent. ORIGINAL: ~ ~~y~~ COPIES: ~~~~-.b ~ Cy k.~l? A its ~n,~iuk~, ~Uivc (See Instructions on Revs ~ _ _ ATTACHMENT Residential Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? If yes, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to Tie ~,~tG~ ~v subdivide? ~~h~'a a ~~',t'~(? ~ ~Gtv-~ Gt~ A ~a b. Into what lot sizes. ~cv~.~ ~ c. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? .~vimec~icx.~~~ d. Do you intend to build houses on the newly created lots? ~~S If yes, please answer the following questions: On how many of those lots? ~p~aj ~'~Z`~ At what approximate price range? House 10~,bb0-~A Lots J~, Oats • Total 1~G t~C~'±-bc~ Approximately how long, after approval of the subdivision, would the first house be available for occupancy? ~ 1V?Cw1~1S If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. sec ~~c~,~l~i_~~ ~Ccvl. 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? b. Sell or lease the land to someone who has tentative plans? c. Sell or lease the land to someone who has no plans? d. Keep it? e. Other (please state) f. If you intend to do either a, b, or c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do you think that your request and your further plans for the~il-and will alleviatee th`e local housing situation? How? ln~- 1~•p~liCclVt~~ i1n~tCVtTit~In iS ~ , pvoVic~. GL~' v~Q~(~. hocast ~ , ~v ~d~ acevi-~ uv??v~v~1~- ~ scl~wal act ~v? d~tXi VVt+.~ lU ~ `Q~d Ci~.V'vein,~ bV?~.vt ~ . I 4. Are there any buildings on tlIt~e slIubjec't(( area? `1~~ If so, what kind? Wood ~-1'vucfU.v~ '~i~t~~ U;`~~ ~ i~21M.r~ve~~ ~c•ct,c~~ tS tdvt ivt~p ~-~t i~ C~IA~ ~ 2. C~"v~ ~ 1rCLvl C~,~; ~7 C~}~i c~h~~ ~~Vhat do you intend to do with those buildings if your request is appiiroved? ii ~Xis°~~v~ r7~~~i~1J U.)i`1 ~ ~2 d~b?l a~~~ VC~LL~JC~~ `~'Uevut Si . ®7a 5. Is the subject land currently being used for any agricultural activitity? NQ If so, please list the kinds of products grown and on how many square feet or acres of land per product. 6. To your knowledge, has there been any flooding and/or drainage problem on the subject area? IV ~ If so, please describe the problem. 7. Do you think that the roads leading to the subject area .A,11 needs improvement? IVa If so, what kind? Is the road adequate for the proposed traffic volume or load? ~S 8. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools k b. Roads ~ c. Sewer X d. Drainage ~ e. Police Protection w3.~ Yes No f. Fire Protection k g. Recreational Facilities ~f h. Public Utilities ~C' i. Other ~ For those checked ~~yes,~~ please elaborate what type or kinds of improvements and/or assistance are needed. Signature: ~ Address: ~,t,(yl~q , ~t1~0~ q~~~ Telephone: ~ (b~ Date: M~~ 2~ I ®3a7A/50A Change of roue 1?eguest ~acl~ground and County Lnvir®nanental ~epor~ Rcef L.1'auati a4i Sanford ®kura. (l?~A) ~l{otau LLC Tax map fey: 3-2-4-14: 42 Milo, III 9b720 A. Subject Request L Details of Proposed Use/ Development a. Project Description: Requesting a Change of Zone of a half acre property from Residential 15 acre (RS-15) to Residential 10 acre (RS-10) b. Statement of objectives and reasons for the request: To allow aproposed/ tentative sub division into two {2) separate lots ( See attached plot plan) c. l~Tunaber of acreslsquare feet: The current size of the property is 26,400 square feet d. Proposed unitsllots/ floor area of proposed building envelope The proposed subdivision will create two lots in the sizes of 16,400 sq. ft. and 10,200 sy.ft. (see attached plot plan) e. Time frame and cost: The timeframe for the rezone and subdivision is estimated to take 6-12 months and the cost of the rezone and subdivision is estimated to be less then $3000.00 f. Mennbership size/number of employees and clientele: g. Parl~ing ArrangeBnents The Property will be used for residential purposes only and there will be no employees and or clientele at this site. Parking will be provided and used for residential purposes only h. Traffic Impact The traffic impact tivill be nominal since one of the proposed structures fronting onto Puainako will be a replacement of an existing structure and the second structure will front onto Kanoelani which has low or no traffic to begin with. Residents of the Kanoelani address also have the option of turning left and entering onto Kawailani. i. Other related information: None. j. Proposed on-site and off-site infrastructure: The proposed on site and off site infrastructure include: water meter, electric service, CATV and telephone service. All of the above were checked and pre- approved by there respective providers. B. Conformance ®vith State/ County Plans 2. State Land Designation: The State Land Designation for the property is Urban 3. Applicable goals/ policies and objectives of the general plan: 4. (several Designation The proposed rezoning is consistent with the General Plan Land Use Pattern Guide {LUPAG) l0~iap. Which designates the area to be used for "Low Density Urban Development "use. This designation allows for the various uses such as single family residential, ancillary community and public uses and convenience type commercial uses. 5. honing: The subject property is currently zoned RS 15 6. Coynanunity Development Plan: The Hilo Community Development Plan (CDP) adopted by the planning commission in 1975 designates the subject area as RS-I5. Subsequent change of zone of properties in the area to RS-10 has previously been approved. 7. Special lOdanageinent Area The subject property is not located within the special management area. C. Physical Characteristics and Environmental Setting of the Property and Surrounding Area Physical Characteristics/Environmentai Setting: 8. Description of Subject property, location, climate, topography, slope, soils The subject property is located on the corner of Puaina.ko and Kanoelani in the Waiakea Homestead House Lots. The subject property is rectangular in shape and relatively flat. There is an existing abandoned house on the property that was probably built in the early 1950s. The climate is tropical and the soil on the property was determined to be to be "Well drained thin organic soil over Pahoehoe". 9. Lava Hazard Zone: The area is classified as Lava Hazard Zone 3 10. Distance frown coastline: The property is approximately 4.5 miles from the coastline 11. Agricultural Lands of Importance in the State of Hawaii (ALISH) Designation: The State Department of Agriculture's Agricultural Lands of Importance to the State of Hawaii (ALISH) Map dated 1977 designates the property as "Existing Urban Development" 12. U.S.D.A. Natural Resources Conservation Services Soil Service Report soil The U.S. Department of Agriculture Soil Conservation Service's Soil Survey report (rI~FD) Classifies the soil as "Extremely rocky muck. Well drained thin organic soil over Pahoehoe". 13. Land Study I$ureau soil rating: The Land Study Bureau's Overall Master Productivity Rating for the property is rated "Urban" 14. Flood Insurance hate lO~Iap (FIRM) Designation: The flood insurance rate map (F1RM) designates the property within the "Zone X" classification, or outside the 500-year flood plain, with minimal flooding. 15. Existing drainage ways or improvements: There are na existing drainage ways on this property 16. Air/noise/water quality: The air, noise and water quality is good for this area as stated by the State Department of Health Historic Resource 17. Existing archaeological, cultural or historic sites on National Register or Hawaii Register: The subject area has not been surveyed for any archaeological features. The State Department of Land and Natural Resources states that the possibility for any Endings is highly unlikely and that the subject property is not listed on the National or Hawaii Register. Natural tesources 18. Existing floraUfausaa resources: According to the State Department of Land and Natural Resources, the property is not known to have raze or endangered plant or animal Life. The subject property exists mostly of an overgrown residential lawn grass. 19. Sce~aic or Coastal resources: None Social-Economic Characteristics 20. Social Scttlenaent patteraa for the area: The area is considered residential 21. Ecoa~omic resources in the area: The subject property is located in an older neighborhood and specified for residential use. The rezone will not adversely affect the existing economic resources in the area. 22. Land Value. $69,000.00 Surrounding Lands: 23. Land Use: The surrounding land use around the subject area is a primarily residential with the exception of a church neighboring on one side (Hilo Daijingu) 24. Zoning: The surrounding land around the property is Zoned RS-15 D. Public Pa~ilities and Service 2S. Description of access: Access to the property will be from Puainako Street (A state maintained road} utilizing the exissting driveway with access on to the proposed new lot from Kanoelani Street with a new driveway. Please note that Kanoelani Street is also a State maintained road 26. Availability of Water: The County Department of Water Supply states that the water is available and a water meter can be installed for the new lot. 27. Sewage Disposal: The existing cesspool will be filled in and a new septic tank and leach field will be installed. The new proposed lot will also need to install a septic tank and leach field as stated by the State I3epartment of Health. 28. Solid Waste: Solid waste will be handled by a commercial handler 29. Fire and Police protection: Police and Fire service's exist and are provided in the subject area. 30. Schools: Waiakea Waena School, Waiakea Elementary School, Waiakea Intermediate School and V6~aiakea High School all exist with 1.5 miles from the subject property. 31. Parks: Ainaola Park and the Hilo Municipal Golf Course are within a mile of the subject property. 32. ®+ther Utilities and Service, Other services such as electricity and telephone are available to the property as confirmed by Verizon and HELCO. E. Envir®nmental Assessment and Analysis 33. laelationship between local short term uses of environment an maintenance and enhanceynent of long term productivity: The requested zoning is compatible with the surrounding area and will provide residential opportunities. It will not impact the surrounding area in any way and enhance the maximum intended use of the area. 34.1VIitigative measures proposed to avoid, minimize, recti€y or reduce ianpact: No mitigative measures are proposed since the roadways are adequate with access to the property from two different streets. Water, Telephone and Electricity are already available. Fire and Police services are already available. 35. Alternatives to the proposed development: No alternatives. 36. Irreversible and irretrievable coenenitenents of natural resources Heat would be ieavolved if proposed action is ienpleenented: There are no irreversible or irretrievable commitments of natural resources on the subject property. 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I -~'E).'~;i r~:~ .)S:s-ii i-~1~ :'4)`~ i~:S: i:3i1:~ tT__'\.3\i_~ 1~=`~T~{i\._:~. T~~)s~1_".,i~)i11 E)(.- y After Itecordaxon, Retu°°n by "Jail } ~icku~ 4 } iv: J3 Cf ~~,r ~t~ ~~1/ ~u 7~G ~ ~fec;s Tan lYlap Key (3) 2-4-Q1~-{}42 ~YFiI_'~'°Y'X DEED'! SELLER: lYI~,I2GARE7' ~cLACEMER, Successor Trustee of tlxc. Revocable ~'xus*_ of David h~. ~laekmer dated August 5, 19$0 {a memr~~-and~w~xx Qf wkxzch.ha.s been recorded iu the Bureau Qf Conveyances of the State of Hawaii as. . Doc-~rnent No. 90-OIZ~2:Sj; ~~d M.41zfl~ItE'I' P. ELAC~,'`viER, ~ruste~ zf the ~eva+;.abie Twist of i1~,3rg3rea 1'. $1ac~ler doted September 2, I980 (a zuemaxaodum or" which has beep rYcorded in tfie i3e~.ze: u of C;'onsreyances of tiie State of Hawaii as Document . No. 9Q-~12~25}; ~ T+enants in ~OYnYn.~Dri, whose address is Post Office Box 45f~, Hilo, Ilawaia, :6720. $UY~~: t7KE,°'TAU, LTC, a ~waii li~mifed liability cam~a~y, whose address is 155 ~JVailuku ~xive, i~ilo, ~atvaii 96720. I)ES~R~'~t~N fly' PROIPEI~T~= ~°he ~rope~,~ affected b J. this Warranty Deed is described in ~,~chibii "A attached to this document. SA~,rE T~tA'~SFE~ ®F PRfl1'EJCL'I'I': Post-ix° ~a;c iVcte 7x77 ~~e _ ~ Fagses ,..ai'" CnJC~tyr.~'FdrG ~rCCrG) Co" '•J~~- /-/i<~ ~ ?f•~ane .c Phone R i F:ix # ~ p ;f c~~[?~ SRI tip:?-~ f~~ 3ii3 9:i~ ~:sc):3 FI~y'~.:E I~~I`R:~~,'~'E LTD ~i;ii? iia ~z~ return for dze Buyer's pay-znent of the p~szchase price as agrec~3 bet'~uee~, Seller aa~r1 Buyer, the Seller sells and tr~.n.sfers the proper ri described in exhibit "A" t~ the Y3Zyer. SAY.-E r~P+lII `TBuA~TS'k'E~t [3~' (~'~'FiEI~t B;T+GHITS: Seiler also sells and transfers to the B~:yer the fclioFVi..ng: (A} Ali xzxxprovemeztts located on the propext;.•; (B} All ruts the Seiler has in other graperty because of the Seller's otivnez'ship of the property being said (these rights cute knovrn as "easerIIents and appurtenances (C} All rents or ro~ralties from the grope.;ty; (D} Any mine_*al a~ad meta].~iy rights awtzed by the Seller it the propezts~; and (E) Ali other rights 4r privileges thai the Seller awz1S because of the Seller's aw-nership of the progerty- BUXE~'S 'TE~tANCY: The BtayYr will take and ewn the property as `peasant iu~a Se;-erait~. 'The B;.xyer w~1 also ogtpn the other rights described above itn the samte tenancy. SEZ,Z,Eit' S W , By s%niag this VV'arxanty .Geed, Seller gives B1yer a general warxtrrty of title. 'Lis rzxeans that Seller guarantees: (A} 1 hat zhe Seller lawfully owns the property and other rights being sold to the Beyer: (B} What the Seller has ibe right tri sell and transfer the property and other rights described in Exhibit "A" ~d this Warranty Deed; ghat there are ~.o other ; Iai3ns by any person against the Frogerty ax the other rights beitzg Bald and no other peron has any ri~its in the property unless tb.ose claims ar xighis are described i_n Lxh.ii~it "A" under the title "SI.IBIJ~G°~' TO"; and (Dj That if any other person rxzakes any la~:ui claim against the property ox tixe other rights being sold, or has az~y rights in the graperty, and thQSe ;~i. pis; 'f;~ ~'RI il~5' yf ~=~1 ?~ii§ H.3:"_t 'r 3fi:5 FI~'~i`+-:E I\SLI,'~\C":E i.TI~ Cs:'73- C]U° ylairBS or rights are nct dLsc.iled in. Ex~ihit "A", rl~en the Seller will def~cl the Ent'er's ownership against those Iaw fial cl~i~s and r?~h*.s. Th° Seiler d©es n[st have any obligation to defend the Euyer's rwaership against any claims or rights described i_u ~xhibit °A" T~EFI1ti,~T7CIQNS. Thy word "person" includes natu.Yal pet'SC~ns, business orgarxizations anal ~y trttz~r entity the law allows to own pxonerty cr coz~ctesct business. The wards "Seller" and ".buyer" include the persar~ named in this ~r'arranLy Deed. anal those wha take over or Succeed to mat person's rights ar intere:+ts, whether by p2xxchase, inheritance, operation or law or otherwise. D?~7l`E: `T'his Warranty ~eer~ is beta s:b ~ b, tue Seller an the i ~ day ai cfd~J , 2001. 1VTA~G T ]P. 1~L~iG~~, Successor Trustee f the Revocable 'T`rust of Iaavid M. ~1.acl~ner dated Atagust 6, 1980 11~R :R~ET EI.~GIt~].Vll~l~, Trustee of the 1R.evoc3ble T.*~.st of Margaret P. Bl3claner dated 8epterr~$er z, 1980 SELL]~~ STATE ~F HAWAIi ) - SS ~t~Lfi~T'Y OF lf~A~~AE } i#s•"lE_'--~`(:~ 1=k~ li~S' l~ r1~ $i~ti 1.5 1:4I:S r~ti3ti'L T~~S~f~_i:~<~E :.1~~) ~(7!1;~/Q[I~ C~r~ thzs 1 ~ 'day or , ZC~C1, before me personally appeared l~~t~ ~'I` ~I,ACY~~I, to zrse personally known, rho, being by me d~~1y sworn, dd say tk~at she is the Successor 1'n}~rP~ of the l~~var[e~t o£ T~avid ]uf,~~r'~' dated :4u.~.st J.~~~, axtd that as Successor 'Tz~t3stee, she has full power to hold, ~tevelop, lease, assign, convey and sell rc-al property, axtd that she executed the foregoing Warranty Deed and a,:l~.cAowledg~ said instru;tx~.er3t to be heir free act and steed a$ Saaccessor Trustee. _ - . ~ ~ . ~ ?Notary Public, State t~f Hawaii • % ~ P: inted or Typed Nye of Nataxy ~ il~1y commission expires: q ~ z.- S'f'ATE fJl~= FiA'4~T.c~IT ; SS. COUN'T'Y t7F HAVo~'AII ) ~ On ehis ~ ~ "day of /v , 2U01, before me persaa~ally ap~,eaxed PViA~G~AT ~3L~Cl~f~., to me personally knowza, who, being by me duly sworn, did say that she is the 'i°ree of tl~.~ vp.~#~l_e Test o ~a Iacl,~„ r dated September 195, and That as Trustee, she lx full p©wer to hold, develop, lease, assign, Convey and sell real properly, and that she executed tlxe foregoing Warranty Heed and aclnovrledged said instrument to be keen free a+ct mid deed as Trustee. _ 1~ Notary P'ttblic, State ofHawaii~~~ ;i ice. Yi ~~JLi=.rs~~S"t9 _ ~ Printed or 'T~ped Name of Notary :r _ - 1VIy comznissiom expires: `7 ~ t ~ Q EBIt'~' 'Cii'. •t;i FI{I s'8:2? F:~:i $CF,` ~3:s 73t~3 FI~~iNCE Ii':SI'k:1~C'E i•TU ':f,,~f3t~: L) f 3 ~ - j~li of that cerf„ain. garoel of lam, 'being a pvrti©n of ~C)T 51~- ~ being Lt37` 30, Siicl~t~ at ~Tai-akea, Sou#h Kilo, Isl~i and County of'{~avt+aii, ~Statc of l~awaii, azzd r.~-orE particularly described as follows, I3eginnirxg at the Southeast carter of this parcel of lan,~, the coordinates of said point o#' begu~ruztg referred to G-overnrrAent Survey `fFia32gulatioxl Station "7i~1LAX'; being 8335.3 feet 58uth and 5986.88 feet Bast and -n~„n;ng by azizzrutl^~s measured clockwise fxoyn 'I'nx.e South.: 1. SS° 40' 222.40 feet along Lot 2. i75° 4G' 10.00 feet along East side ar a 4G-faot z-oad; ~ , 3. 265° 40' 222.00 feet along the Soutr~ lade of 1'uainaka Strut; 4. 355° ~0' 120.4 fee# a1a~g Lat 513-B to the paint of begirming and containirt,Q a.n area of 2ti,~4Q squire feet, rnalB Qr l~s. 't'ogether vrida the pezgetue ~ ri~hi and privilege to use that certain A.0-foot zpadway ca#x~cted ' ~ ors said >rot 51 ~-A, far all purposes of iu.~ress and egress, xn you-or_ wvztl~ t?~e ether ~ o u~:-s of parcels of lamed abutting axtd. awing said roadway, which, readway is cozanected with the ~ainako Street, Hila, l'~awaii. 1=feisxg-~i of the land conveyed by: 13%~N7['~ DEED Grar~~r: DAVID M. BLACKMER aztd .MARGARET P_ BLACI£C'~1EI~, husband and w~'e rar,~ritee: Da~~id M. Blackmer, 7['rttstee under that cextain t~recardad Revocable T'zust ofl7avid M. BIaolzner, dated A',zgust b, I9$0, amYnded, a Memara~a.tiusn ofwhich has beeFZ recorded in. the But'eau of Conveyances of the State of Hawaii as .Docum~~zt No. 90-012025, and. Margaret P. $lackzxier, Tzustee under the certain •u~.recarded Revocabl° Trust of Margaret P. Blackmer, dated pternl~ez' 2, 180, as amended, a Ivleniorasxdum o£whi;,lx iias bcc~ retarded in the Bureau of Conveyances trf the State of Hawaii as D~°wnent No. ~0-O12d026 Dated: August 9; .1989 T~acument No.: 40-01688 Sv~bjeet, bt~vwewex', #o the follawiap. ReseFVatiazt in favor of the 5S77t-yga~~te~~yyof Ii'a~aii of all r:~ineral and metallic ~ne$- 5:1~1J L~~ E~ 1 S~'~~~ 18- 6-07;12:29 HPM H i ;808 934 4355 # t/ 1 s June 18, 2001 Planning Department _ L ~ 25 Aupuni Street, Room 109 ' ~ Hilo,1~ 96720 . _ Re: ®lcutau LLC 2-4-14-42 Lot 30 Dear Ester: Per your request to address the following concerns please note the requirement and applicable response. 1. Cosaepliemmce with Chapter 205A, Coastal Zomme 1Vlenegenseast ~ lla paap~c access, scenic or opens space resources, coastal view pleases seed coastal ecosysteans.) The proposed development will not adversely impact eery recreational, including access to and along the shorelnae, or visual resources to the shoreline and coastal ecosysytems. The property is located on Puainako street and about 5 l/2 miles from the nearest shoreline. The site is located within a residentially zoned area. Therefore, the proposed development w~l not adversely impact any scenic or open space resources to the shoreline, coastal viewplane and ecosystem . 2, Valued Caaltosrel Resources: Identify easy traditional and caast®saaasa°y ssative ~[ewaiiamm rights that are exercised sae tfse arse; ties eztemmt imm whicta flee proposed developanemmt well elTect these rights; seed feesibte ectioss to be tal~eas to protect sseteve ~ewailan rights of they esiste There are no traditional and customary Hawaiian rights in the proposed developme~at area. Hence a impact analysis and proposed actions will not be necessary. 3. iDaablic Access: Existing public access t® seed along flee shoreli®e ®r to m®aaaataias areas and l~sovvledge of pasblec access beeasg used. There are no existing public access to and along the shoreline or to the mountain areas amd no laiowledge of any public access being used. Sincerely, n G Reef .L. Tauati -a r FROM i~EEF TAUATI FAX N0. Jun. 19 2001 01:32PM P1 Jug 19, 2001 3 ? Plaamang Depar~sneat ' ~ ~ ' ~ ~ - 25 Aupaual Sheet, Rooira 109 ~3i1®, H[ 96720 Re: ®k~au LLC :2~4~14-42 Lot 30 . T`o ~s~ : ' Please cote tit dte aforementioned prosy will be subdivided. into two separate parcels wii~ square footle in excess offt~ tlaoaad s~aare few eactA. This wdl be done in ce to couzrty regtts~mer~s for RS-IO ~ni~g aEg iand was and rn~eascaz+ernems will ~ conliraned at a later date. If you Heal finther infor~tio8 reaming to taxis wafter, please feet fi~ee to give me a call. T you, Reef I,. 'I`auati ~.F~ DBP,4R1'NIEN7` O~ PUBLIC WOR14S COUNTY OF HAWAII HILO, HAWAII DATE : April 12, 2001 TO: PLANNING DEPARTMENT = - ~ - ff,- ( ~ FROM: ~'ENG~R:I~~G DIV ON ~ ~ " _ ~ ; _ J3 SUBJECT: CHANGE OF ZONE APPLICATION (I2EZ 01-06) ' r= Applicant: Okutau LLC ~ Location: Waiakea, South Hilo, Hawaii - ~ TMK: 3 / 2-4-14: 42 ~ We have reviewed the subject application and our comments are as follows: 1. Puainako Street, fronting the subject property, is under the jurisdiction of the Hawaii Department of Transportation (HOOT). Comments and requirements concerning this road should be directed to the HOOT. 2. The subject properties are found within Flood Zone "X", according to the Flood Insurance Rate Map dated September 16, 1988. 3. Kanoelani Street, fronting the subject property on the west side, is a County road. It has an approximate 16-ft. wide pavement (with 1-ft. tapered pavement), with 3-ft. wide gravel shoulders, all within an approximate 40-ft. right-of--way. The DPW's standard policy for RS-10 zoning is a minimum 32-ft. wide pavement, with concrete curbs, gutters, and sidewalks, within a 50-ft. wide right-of--way. Planning Department shall determine the extent of improvements necessary along Kanoelani Street, and the necessary future road widening setback. A minimum 30-ft. radii future road widening setback is also desired. 4. DPW does not recommend any additional accesses along Kanoelani Street with the existing 16-ft. wide pavement width. Permitted access questions onto Puainako Street shall be directed to the HOOT. Should there be any questions concerning this matter, please feel free to contact Casey Yanagihara in our Engineering Division at Ext. 8327. ~0~ CKY .,E~ I ~p WATEgs Oe4 GRq`L 6 tr 19 49 O~I~,AI~TIv1~Nfi OI<' V41~T~1~ ~U~~I~Y • C®UNTY 9~1~,WAII a~ ~P 345 KEKUANAOA STREET, SUITE 20 HILO, HAWAII 96720 ~rY Op N A W P\\ ~P TELEPHONE (8081 961-8050 FAX (808) 961-8657 June 6, 2001 E _ _ TO: Mr. Christopher J. Yuen, Planning Director Planning Department FROM: Milton D. Pavao, Manager _ SUBJECT: CHANGE OF ZONE APPLICATION (REZ 01-006) APPLICANT: OKUTAU, LLC REQUEST: RS-15 TO RS-10 TAX MAP KEY: 2-4-014:042 We have reviewed the subject application for the proposed Change of Zone and have the following comments. Water can be made available from an existing 6-inch waterline along Kanoelani Street or an existing 8-inch waterline along Puainako Street, both of which front the subject parcel. The parcel currently has service with the Department through a 1-inch service lateral with a 5/8-inch meter on Puainako Street. Pursuant to the Department's "Water Commitment Guidelines Policy," a copy of which is being forwarded to the applicant, a water commitment may be issued. Based on the one additional lot that is requested in the proposed Change of Zone Application, the required water commitment deposit is $150.00. Remittance of $150.00 from the applicant is requested, as soon as possible, so that a water commitment may be formally issued. The commitment will be in writing with specific conditions and effective dates stated. Please keep in mind that this letter shall not be construed as a water commitment. In other words, unless a water commitment is officially effected, water availability is subject to change depending on the water situation. Upon the issuance of a formal water commitment, we shall submit our comments and requirements for tentative subdivision approval. !/Vutes^ rhri~t~~ ~ro~~e~~... Mr. Christopher J. Yuen, Planning Director Page 2 June 6, 2001 For the applicant's information, should the subject Change of Zone be approved and a subdivision application executed, final approval will be subject to the following requirements: 1. Construct necessary improvements, which shall include but not be limited to, a service lateral that will accommodate a 5/8-inch meter to the proposed lot. Submit installation plans prepared by a professional engineer, architect, or land surveyor, registered in the State of Hawaii. 2. Remit the prevailing facilities charge, which is subject to change, of $4,350.00. This is due and payable upon completion of the construction of the water system improvements and prior to final subdivision approval being granted. Should there be any questions, the applicant may contact Mr. Bruce McClure at our Water Resources and Planning Branch at 961-8070, extension 255. Sincerely yours, Milton D. Pavao, P.E. Manager BCM:jh copy - (w/enc.) Okutau, LLC OKUTAU, LLC 922 AHUNA ROAD HILO, HI 96720 I4 Telephone: (808) 936-7122 "'!1 - ~'`n Fax: (808) 935-3300 ' rl ~f ~ ~ ~ C' April 16, 2001 ~ RE: NOTICE OF CHANGE OF ZONE APPLICATION Applicant: OKUTAU, LLC Location: Waiakea, District of Hilo, Island of Hawaii Tax Map Key: (3) 2-4-014:042 n e o Zone from RS-15 Sin le-Famil Residential - 15,000 square feet) to RS-10 (Single-Family Residential - 10,000 square feet) D ar Pr perty Owner: Applicant OKUTAU, LLC is requesting approval of the above described Change of Zone Application (REZ 01-006). In accordance with Hawaii County Zoning Code, Chapter 25-2-4, the applicant is required to provide notice of Change of Zone application to all owners and lessees with a recorded interest in property within 300 feet of the perimeter boundary of the subject property. This is to inform you that a Change of Zone application for the subject property was filed with the Planning Director on April 6, 2001. Enclosed for your reference are the following: 1. location map 2. site plan Sho~_~!d you have any questions concerning this matter, please feel free to contact me at 936- 7122, or the Planning Department of the County of Hawaii at 961-8288. Thank you for your kind attention. The application is also available at the Planning Department for review. `Y Very truly yours, OKUTAU, LLC ~ e Reef Tauati Enclosures ~~rr J j e ,r~~p• rte. _