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HomeMy WebLinkAboutCOM 0292.001 2002-2004BOBBY JEAN LEITHEAD-TODD Councilmember COUNTY COUNCIL Counlr of Hawaii llawai'i Counlr Building; 25 ,l ulunti Street Hilo. llawai'i 96720 July 24, 2003 TO: Honorable James Y. Arakaki, Chairman and Members of the County Council FR: Bobby Jean Leithead-Todd, Chair Planning Committee D v RE: Communication No. 158, Bill No. 44 (2000) Relating to Rezoning Request of R. M. Towill TMK: 2-5-44:1 and 2-5-45:Portion 1 Phone: (808) 961- 8261 FAX: (808) 961-8912 At the July 22, 2003 Planning Committee meeting, the attached Project Description, Kaumana Homesteads, was distributed to all members, and I am transmitting it for record keeping purposes. For informational purposes. Bill No. 44 was amended to Draft 2, and will be reported to Council with an unfavorable recommendation based on the four aye and two no votes, with three absent and excused—per Council Rule 12, 11 which dictates that five votes are needed to pass a measure. encl. Ref, Tot PC Ref. Date PROJECTDESCRIPTION Kaumana Homesteads 7'NIKs: 3-2-5-44:01 and 3-2-5-45:01 (Portion) Kaumana, South Hilo, Hawaii June 2003 Prepared for: Mr. Richard A Towill 420 Waiakamilo Road, Suite 411 Honolulu, Hawaii 96817-4941 Prepared by: R.M. Towill Corporation 420 Waiakarrido Road, Suite 411 Honolulu, Hawaii 96817-4941 C—a9<,?. 1 /P-P� TABLE OF CONTENTS Page u SECTION I INTRODUCTION 1.1 PROPOSED .-ACTION .... .. .. 1 L'_ DESCRIPTION OF PARCEL . .. . ............. -- 1 1.3 STATE,, LAND USE DISTRICTAND ZONING. - .. - ... - - ... T SECTION 2 - DESCRIPTION OF PROJECT 2.1 OVERVIEW ...... ...... ......... ...... .. .. . 2.2 PROJECT PHASING AND BASIS FOR PROJECT ....... ..... - - 9 2.3 INFRASTRUCTURE: CONSIDERATIONS A"rT ACIETENTS .attachment 1 - Planning Commission Letter to Chairman and Members of the County Council, November 1G, 2000 and Counn of Hawaii Planning Department Recommendation, October 11, 2000, Attachment 2 - Letter from Department of Water Supply, County of Hawaii, March 13, 2003- 1 PROJECT SUMMARY Project Name: KAUMANA HOMESTEADS Applicant: Mr. Richard M. Towill 420 Waiakamilo Road, Suite 411 Honolulu, Hawaii 96817 Agent: R.M. Tow ll Corporation 420 Waiakamilo Road, Suite 411 Honolulu, Hawaii 96817-4941 Contact: Brian Takeda, Project Planner Phone: (808) 842-1133 Fax: (808) 842-1937 Owner: Richard M. Towill Trust Approving Agency: Planning Department, County of Hawaii Tax Map Kec: 2-5-44:01 and 2-5-45:01 (portion) Location: Kaumana, County of Hawaii, State of Hawaii Property Acreage: 69.2 Acres (TMK 2-5-44:01) 78.3 AcresCI'MK 2-5-45:011 147.5 Total Acres Rezone Area 69.2 Acres (TMK 2-5-44:01) Acreage: 37.8 Acres (portion of TMK 2-5-4LM 107.0 Total Acres Existing County A -20a (Agriculture, 20 acre) "Zoning: Proposed Zoning: FA -la (Family Agriculture, 1 acre) Existing Land Use: Vacant State Land Use District: Agricultural Development Plan Urban Expansion Area Land Use Designation: III SECTION 1 INTRODUCTION 1.1 OV'GRV'IEW AND PROPOSED .1CTION ['he Richard \I. "lowill Trust, owner of the subject parcel, is seeking a zoning change on 7 ax Map het (PAK) 2-5-44:01 and 2-5-45:01 (portion)'. The project area includes 147.5 acres, of which approximarely 40 acres is zoned .A -1a (one -acre), .Agricultural District, and the balance of 107 acres is zoned .A -20a (20 acre), .Agricultural District. The A 20a lands are the subject of a /.one Change request, which seeks to rezone the current 20 -acre lot designation to appioximatch 1 14, one -acre and larger I�amilv _Agriculmra (I .A) lets. The purpose of the change of zone is to facilitate subdivision and development of the site into small scale (one -acre) agricultural lots. In order to economically develop the site, there must be a sufficient number of lots at market prices to offset the cost of development. The present .A -20a lot size docs not provide a feasible development option. Therefore, the request to change to the FA -la zone provides for development of the property in an economically feasible manner that will preserve the agricultural use and related lifestyle for future lot residents. 1.2 DESCRIPTION Of PARCH. The project area is located in the western portion of Hilo, in an area historically identified as Kaumana Homesteads (Figure 1). The site, TMK 2-5-44:1 and TNIK 2-5-45:1, consists of vacant, undeveloped land. The property encompasses 147.5 acres, south of Kaumana Drive and west of Wilder Road (Figure 2). 1'he project site hes at an elevation of approximately 1,150 feet on the east, sloping to a high of approximately 1,460 feet on the west. Che site is divided by a series of drainage courses, which affect the continuity of usable, moderate sloped areas. The site is mostly 10% slope or less; however, there are areas of steeper slopes. The various drainage courses have steep side slopes. Soil classification of the site identifies slopes in the 20% to 35% range along the drainage courses. The Puainako Street Extension by the County of Hawan and State Department of Transportation a expected to result in a redesignation of the TMKs to five (5) separate rax map keys. 'I'he'I-.\IICs have not cet been assigned. POLOW • • KAWAIHAE •I(APALAOA MAKALAWENA60 . NIAHAIFILA HqM q co qSr • KALOKO Nu Huo kA , 0 KAILLIA r%mr% icr--r F nrATICIN r N a O u NAPOOPOa. • Z O • HILO Figure 1 Project Location Map KAUMANA HOMESTEADS TMKs (3) 2-5-44:01 and (3) 2-5-45:01 (poc) Kaumana, South 1-Iilo, Hawaii TNot to Scale R. M D -)WILL CORPORATION '-oo' y'a- � . ' � 1�J � _ � !'1\ �} ��\ r i � Sy!.�• 1 � . _. + �� � �. ) ,1a�i .' -�.f ....-' r r G � K. 7 ^ - J .. r o,�,� .+. . � `I cif- t .•._�. � .�\` � �fW ll\,�-.yti I S. (t. •'�\ yy C—: MY /r..�... - � K.0 Q �j��} '-`. _` r"�.'Trinw •') � i«��... �'•.. '.1'.'i.if"R.� _ 'C.'!'�.��! A �./ �Sj) s ter- • ?`� �.. r y .,'. �. 1"' �-- d -U _ ..�"'`�`_.�1: T::/L�/ •. X11_ r . /!!0 ff1(1(77��ff✓✓� .,��•Qjf� F � 1/ /\l�j Il '�T \ fit �•`A•-1.! jw �. \ - O 5-r / \ Y Y i • .IA!) .lII a• . � /1 II \-t ., '� 00 1 AHA " i� r w+O�..✓,J' l/3'akY Jl �/ .. f /••'w� ,- -�4" �_I` ° ��t\i� � � r �^ %l >�r t .I j 77, t °� t; ✓ �', rtY / \ � \ , � / / ! M� A R , �'-•r � � .-�'.-.; .. r4=�:°'�'� �1 -.l ti I / r h I` 17 ( -.�� • ' c .••r' _ .yam, t / . Figure 2 Vicinity Map KAUMANA HOMESTEADS TMKs (3) 2-5-44:01 and (3) 2-5-45:01 (por.) Kaumana, South [filo, Hawaii TIIIII 0 2000 4000 Feet 8000 R. M. 'COWILL CORI'ORiCI'ION p::,e 2003 1.3 SI'ATE LAND USE DISTRICT AND ZONING The property is in the State Amculturat District (Figure 3). The Counh' of Hawau zoning is A-1 a and A -20a, Agricultural Districts (Figure 4). The eastern portion of TMK 2-5-45:01, approximately 40 acres, is zoned ,A -la (one -acre, Agricultural District); thus, a Zone Change is not required for this portion. TMK 2-5-44:01 and the western portion of TMK 2-5-45:01, approxunately 107 acres, are presently zoned A -20a (menty-acre, Agricultural District). 4 '0.m.g 1I _ F Project i J Figure 3 [and Use District Map KAUMANA HOMESTEADS TMKs (3) 2-5-44:01 and (3) 2-5-45:01 (por.) Kaumana, South Hilo, Ilawaii 0 1000 2000 Feel 4000 1'OWILI, CORPOR:ATI()N ;", '003 U. xAll.�ae ""_„ I"c•. ' •i.•'^ "; ,a. " • •ate' • - '�` TMK:2-5-45'.01 (por.) •'' • TMK 2-5-44:01 • ;_,.yam ••M Project Location`" (approximate) e ._,a `C u ZI u, f t ! i q 1 1 Figure 4 County of Hawaii Zoning Map KAUMANA HOMESTEADS TMKs (3) 2-5-44:01 and (3) 2-5-45:01 (por.) Kaumana, South Hilo, Hawaii p SOU 1000 Feet 2000 R n4. TOWILL CORPORATION )i,ne 2003 SECTION 2 PRol ECT DI'SCRIPTION 2.1 OV'I:RV ll:W l he proposed 147.5 acre agricultural -residential subdivision will consist of a combination of approximately 114 one -acre l ors and 2 five -acre lots. _A preliminary subdivision layout is identified in Figure 5. The final delineanon of one -acre and five -acre lots will be determ ned through the subdivision approval process. I he project is bisected by the proposed Puainako Street Extension and will have access via Kaumana Drive (Saddle Road). The oN erall layout responds to the configuration and slope of the property and takes into account drainage courses that occur within the project area. The property north of the Puainako Strect Hxtension will have access from Parcel 32 and an access road designated as Road Lot 31. The property located to the south of the Puainako Street Extension will have access via access roads which will be designated during the Subdivision process. \Il of the access roads, intersections, and subdivision interior roads will be designed and constructed to State and County standards and wLU be dedicated to the County of Hawaii upon completion of construction. A Change of Zone application was filed for rezoning approximately 107 acres from AA 20a, .Agricultural District to ESA -la, l amily .Agricultural District. On November 16, 2000, the Counts° of F lawaii Planning Commission voted to recommend approval of the zone change permit application. A copy of approved zone change application, no. REZ 00-01, is provided as Attachment 1, for reference. 22 PROIECl' PH_1SING AND BASIS FOR PROJECT I be 114 one -acre and larger lot; are approximate in number because some lots will overlap with existing A-1 a zoned land to the east. The proposed agricultural one -acre subdivision is planned to be developed in phases based on market demand. 'I he initial phase is within the existing zoned A-1 a portion to the north of the proposed Puainako Street Extension, which has been considered in the plan. 'I he one acre lots will be served by County standard roadways. The land is divided by existing natural drainage courses, which will be partially improved. Drainage easement, will be created on individual lots to keep habitable structures out of flood hazard zones. 'I he zone change request was based on economic realities of land development. In order to cover the costs of development, including roads, water system, and electricity, while providing lots that can be sold at market prices, the smaller lot size is required'. The lot sizes are expected to allow for "subsistence" agriculture which can provide for family and hobby uses, and limit oversupply to the local market. Profitable commercial agriculture is not likely feasible at this scale, nor is it guaranteed at larger scales. The lots are designed to sell for approximately$100,000. 2.3 INFRASTRUCTURE CONSIDERATIONS WATER SUPPLY SYSTEM Water will be provided to the project site from the County of Hawaii, Department of Water Supply DWS) system. Presently the new Saddle Road Well is the main source of water, supplying the Saddle Road Reservoir. According to the County Department of Water Supply (DWS) in a letter dated March 13, 2003, the Department will support the proposed zone change and provide water units to support a subdivision of up to 7 units per lot of record, or 35 units of water. A booster pumping system will be provided for any further subdivision above the 7 units of water per lot of record (Attachment 2). The applicant proposes to complete the subdivision with water units in phases, and will thereafter construct a booster pump station to accommodate subdivision of the remaining lots. Water supply for the booster pump station will be provided by other reservoirs in the service area including the Piihonua Reservoir. SEWERAGE The proposed project will consist of 5 total parcels (TMKs) due to subdivision by the Puainako Street Extension. According to the State Department of Health (DOH), Fnvironmental Management Division, any development which exceeds 50 lots per parcel of record will require a �< ©— \\ � / ,\ . }\� lbf- /\/ iv � 7 central wastewater treatment plant. l'hc prelimtnan subdivision layout fnr TNIK: -1 5-44,t11, is approsrrnate and can be rem tsed as required to limit the number of lots to less than -5U, with wastewater treatment proposed to be handled with individual septic tank scstems, A Drainage Master Plan was previously subtmitted for the proposed project and has since been modified by the Drainage Master plan for the Puamako Street lixtenston. Drainage easements will be created on individual lots to accommodate the project and to keep habitable structures out of flood hazard zones. I lie proposed project will be designed to incorporate natural slope and drainage patterns with no or rr mmal stream channel improvements required. Dn' wells will be used to capture runoff from the road and roofs of houses so there will be no increase in runoff due to development. On-site retention will also be integrated into the subdivision to reduce potential for impacts to downstream properties. ,A 5 acre lot has been set aside to serve as an amenity to the community and as a retention basin. 10 ATTACHMENT/ PL IA,A'ING COA MISSION LIR. TO CI L URALIN AND MEMBEfU OF TI IE CO['N7)' CO( :A'CIL, ,A'OI TM13EK 1G, 2000, _�,AN COUNT)'OF HAV -III PLANNING DEPT. RLCOMAIEN'D, ITION3, OCTOBER 11, 2000 Stephen K. Yamashiro Mayor 11 iv ! 5 4,Wu (9Ii1tIiu Q �Hz[tT PLANNING COMMISSION 25 Aupuni Street, Room log • Hilo, Hawaii %720.4252 (808) 961-8288 • Fax (806) %1-9615 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 00-10) Applicant: Richard M. Towill Request: A -20a to FA -la Tax Man Kev: 2-5-44:1 and 2-5-45:Portion of I The Planning Commission, after a duly held public hearing on October 20, 2000, voted to recommend for your approval the proposed legislative bill to change the district classification for approximately 107 acres of land from Agricultural (A -20a) to Family Agricultural (FA -la). The property is located to the west of Wilder Road and approximately 80 feet to the south of Kaumana Drive, Kaumana, South Hilo, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The applicant is requesting the change of zone from Agricultural (A -20a) and to Family Agricultural (FA -la) for 107 acres of land to create approximately 96 one -acre and larger parcels. The purpose of the request is to facilitate subdivision and development of the site into small scale agricultural lots. The present A -20a zoning does not provide a feasible development option. The requested FA -la zoning will preserve the agricultural use and related lifestyle for future lot residents. 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 Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 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, but ultimately, on the future development of the whole island. The approval of this request would be in keeping with the following goals, policies and standards of the General Plan: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access and public need. Rural style residential -agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. It is the responsibility of both the government and the private sector to maintain and improve existing drainage systems and to construct new drainage facilities. All development generated runoff shall be disposed of in a manner acceptable to the Department of Public Works. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan represents the document's goals, policies, standards and courses of action to guide the coordinated growth and development of the County. It reflects a graphic depiction of the spatial relationships among various land uses and the expressed policy statements of the document itself. The LUPAG Map, in essence, establishes the basic land use pattern for areas within the County. The subject rezoning action conforms to the LUPAG Map which designates the area for Urban Expansion. This designation allows for a mix of high density, medium density, low density, industrial and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. The applicant is requesting the change of zone to create approximately 96 one -acre and larger parcels. The rezoning reclassification would be a reasonable expansion of residential/agricultural activities associated with the Family Agricultural designation and the existing small scale agricultural and residential uses in the area. The project site is situated within close proximity to schools, commercial areas, employment centers and public safety services. The Hilo Community Development Plan adopted by Resolution in 1975 by the Planning Commission recommended that the area be retained as A -20a and A -la. Surrounding lands are zoned RS -10, A -la, A -10a, A -20a, and CN -40 and include single family dwellings, small scale agricultural uses, and vacant land. Effective December 13, 1996, TMK 2-4-46: Por. 7 across Wilder Road was rezoned from A -la to CN -40 for approximately 13.863 acres for a commercial store, service station, and parking area. The area was also reclassified from the State Land Use Agricultural to Urban District. The Kaumana Estates Subdivision, zoned RS -15, is located approximately 600 feet west (mauka) of the site, and the Kaumana Houselots, zoned RS -10, is located approximately 1,000 feet north of the project area along Kaumana Drive. The 100 -lot Hilo County Club Estates, zoned RS -7.5 and the 55 -lot Park Hokulani Subdivision, zoned A -20a is located southeast (makai) of Wilder Road. Kaumana School is located approximately 1/2 mile from the site. The proposed change of zone would, therefore, complement the existing agricultural/residential character of the surrounding area and be consistent with the existing land uses in the immediate vicinity. The one -acre lot sizes will provide opportunities for those residents who wish to pursue limited agricultural activities but are unable to commit to the financial or labor demands of the larger 20 -acre parcels. Finally, the project site is located in close proximity to police, fire and emergency medical services. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 All utilities and services are or will be made available to the project site which are essential to accommodate the development. The vast majority of the property, which comprises 91 lots, will be located south of the Puainako Street Extension with access from Kaumana Drive and the future Puainako Street Extension. The property north of the Puainako Street Extension, which includes the remaining 21 lots, will have access via Hapuu Road. Hapuu Road is an approximately 30 -foot wide dead-end road and currently used only as an access to the two private properties located to the east of the road. The project will require widening of Hapuu Road to 50 feet to meet County standards. A large block of land to the west of Hapuu Road is vacant and owned by the State. Therefore, the applicant has requested state land acquisition of approximately 3,650 square feet along the existing Hapuu Road easement and approximately 9,760 square feet for the proposed access road from Kaumana Drive. According to the Department of Water Supply, water can be made available from an existing 16 -inch waterline at the 1.0 million gallon (MG) Piihonua Reservoir No. 1, overflow elevation (OF) 997 feet. Water would only be available for the subject parcels upon the construction of three offsite booster pump stations with the necessary controls to deliver water in accordance with the Department's standards and master plan. The three booster pump stations shall be located at the 1.0 MG Piihonua Reservoir No. 1, OF 997 feet, 0.3 MG Kahoama Reservoir, OF 1,213 feet, and 01.1 MG Lyman Reservoir, OF 1,584.5 feet. In addition, the applicant will be required to construct onsite water system improvements. The 100 -year drainage area is located on the project site. The development of this project will generate an increase of 40.5 cubic feet per second (cfs) peak discharge based on a 100 -year 24-hour storm. Therefore, improvements will be made to the drainage courses that traverse the project area. A retention basin will also be constructed so that no adverse effect will be felt downstream of the project site. The retention basin will be sized to accommodate the increased runoff volume. According to the Department of Public Works, a drainage study shall be prepared and the recommended drainage system shall be constructed, meeting with the approval of the DPW. If dry wells are included within the subject development, an Underground Injection Control (UIC) permit may be required from the Department of Health, State of Hawaii. There is no municipal sewer system in the area. According to the Department of Health, for use of an on-site wastewater disposal system, a variance will be required from the State Department of Health through the Wastewater Branch. Wastewater rules state that an on-site wastewater disposal system may be used if the total development of an area does not exceed 50 dwelling units. Under current regulations, lots in this area are allowed one (1) cesspool, provided the lots are one (1) acre or larger. When wastewater Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 rules change to preclude the approval of new cesspools, septic systems will be required regardless of lot size. The project has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The Land Study Bureau Soil Rating for the property is "E" or Very Poor, and the ALISH classification is Existing Urban Development. The properties are situated off Kaumana Drive and bordered on the east by Wilder Road. The project area is located within Zone C (areas of minimal flooding) as well as Zone A, as designated by the Flood Insurance Rate Map (FIRM) dated September 16, 1988, by the Federal Emergency Management Agency (FEMA). The Department of Public Works requires the applicant to prepare a flood study certified by a licensed civil engineer indicating the base (100 -year) flood elevations within Flood Zone A. If the flood study reveals flood limits different from that of the FIRM, the applicant shall obtain a FEMA Conditional Letter of Map Revision (CLOMR) prior to construction plan approval. Upon completion of construction, the applicant will be required to obtain a FEMA Letter of Map Revision (LOMR) prior to Final Subdivision Approval. The subject properties are located outside of any tsunami inundation area. According to a field survey conducted in December, 1995, no endangered or threatened species of floral or fauna nor any archaeological sites were found in the area. The Land Study Bureau's Overall Master Productivity Rating for the subject area is Existing Urban Development. Based on the above findings, this request for a Change of Zone from an Agricultural (A -20a) to a Family Agricultural (FA -1a) zoned district would result in an appropriate land use pattern that will further benefit the general public. For your favorable consideration, an amendment to Section 25-8-33, the City of Hilo Zone Map, of the County Zoning Code is transmitted. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 6 We are enclosing a copy of the application and a copy of the staff background for your information. Sincerely, Richard B. Baker, Jr., Chairman Planning Commission Liowi1102rez Enclosures cc: Mr. Richard M. Towill Mr. Brian Takeda Department of Public Works Department of Water Supply Department of Land & Natural Resources Kazu Hayashida, Director/DOT-Highways, Honolulu RTowiIIOI A e - 10/11/00 COUNTY OF HAWAII PLANNING DEPARTMENT COMMENDATION "INW01191010W 11 Upon careful review of the request, the Planning Director recommends that a favorable recommendation for the Change of Zone request be forwarded to the County Council. This recommendation does not, however, sanction the specific plans as submitted with the application as they may be subject to change given the specific code and regulatory requirements of the affected agencies. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant is requesting the change of zone from Agricultural (A -20a) and to Family Agricultural (FA -la) for 107 acres of land to create approximately 96 one -acre and larger parcels. The purpose of the request is to facilitate subdivision and development of the site into small scale agricultural lots. The present A -20a zoning does not provide a feasible development option. The requested FA -la zoning will preserve the agricultural use and related lifestyle for future lot residents. 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, but ultimately, on the future development of the whole island. The approval of this request would be in keeping with the following goals, policies and standards of the General Plan: Land Use Element * Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. * Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. * The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. * Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access and public need. Rural style residential -agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. It is the responsibility of both the government and the private sector to maintain and improve existing drainage systems and to construct new drainage facilities. All development generated runoff shall be disposed of in a manner acceptable to the Department of Public Works. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan represents the document's goals, policies, standards and courses of action to guide the coordinated growth and development of the County. It reflects a graphic depiction of the spatial relationships among various land uses and the expressed policy statements of the document itself. The LUPAG Map, in essence, establishes the basic land use pattern for areas within the County. The subject rezoning action conforms to the LUPAG Map which designates the area for Urban Expansion. This designation allows for a mix of high density, -2- medium density, low density, industrial and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. The applicants are requesting the change of zone to create approximately 96 one -acre and larger parcels. The rezoning reclassification would be a reasonable expansion of residential/agricultural activities associated with the Family Agricultural designation and the existing small scale agricultural and residential uses in the area. The project site is situated within close proximity to schools, commercial areas, employment centers and public safety services. The Hilo Community Development Plan adopted by Resolution in 1975 by the Planning Commission recommended that the area be retained as A -20a and A -la. Surrounding lands are zoned RS -10, A -la, A -10a, A -20a, and CN -40 and include single family dwellings, small scale agricultural uses, and vacant land. Effective December 13, 1996, TMK 2- 4-46: Por. 7 across Wilder Road was rezoned from A -la to CN40 for approximately 13.863 acres for a commercial store, service station, and parking area. The area was also reclassified from the State Land Use Agricultural to Urban District. The Kaumana Estates Subdivision, zoned RS -15, is located approximately 600 feet west (mauka) of the site, and the Kaumana Houselots, zoned RS -10, is located approximately 1,000 feet north of the project area along Kaumana Drive. The 100 -lot Hilo County Club Estates, zoned RS -7.5 and the 55 -lot Park Hokulani Subdivision, zoned A -20a is located southeast (makai) of Wilder Road. Kaumana School is located approximately 1h mile from the site. The proposed change of zone would, therefore, complement the existing agricultural/residential character of the surrounding area and be consistent with the existing land uses in the immediate vicinity. The one -acre lot sizes will provide opportunities for those residents who wish to pursue limited agricultural activities but are unable to commit to the financial or labor demands of the larger 20 -acre parcels. Finally, the project site is located in close proximity to police, fire and emergency medical services. All utilities and services are or will be made available to the project site 3- which are essential to accommodate the development. The vast majority of the property, which comprises 91 lots, will be located south of the Puainako Street Extension with access from Kaumana Drive and the future Puainako Street Extension. The property north of the Puainako Street Extension, which includes the remaining 21 lots, will have access via Hapuu Road. Hapuu Road is an approximately 30 -foot wide dead-end road and currently used only as an access to the two private properties located to the east of the road. The project will require widening of Hapuu Road to 50 feet to meet County standards. A large block of land to the west of Hapuu Road is vacant and owned by the State. Therefore, the applicant has requested state land acquisition of approximately 3,650 square feet along the existing Hapuu Road easement and approximately 9,760 square feet for the proposed access road from Kaumana Drive. According to the Department of Water Supply, water can be made available from an existing 16 -inch waterline at the 1.0 million gallon (MG) Piihonua Reservoir No. 1, overflow elevation (OF) 997 feet. Water would only be available for the subject parcels upon the construction of three offsite booster pump stations with the necessary controls to deliver water in accordance with the Department's standards and master plan. The three booster pump stations shall be located at the 1.0 MG Piihonua Reservoir No. 1, OF 997 feet, 0.3 MG Kahoama Reservoir, OF 1,213 feet, and 01.1 MG Lyman Reservoir, OF 1,584.5 feet. In addition, the applicant will be required to construct onsite water system improvements. The 100 -year drainage area is located on the project site. The development of this project will generate an increase of 40.5 cubic feet per second (cfs) peak discharge based on a 100 -year 24-hour storm. Therefore, improvements will be made to the drainage courses that traverse the project area. A retention basin will also be constructed so that no adverse effect will be felt downstream of the project site. The retention basin will be sized to accommodate the increased runoff volume. According to the Department of Public Works, a drainage study shall be prepared and the recommended drainage system shall be constructed, meeting with the approval of the DPW. If dry wells are included within the subject development, an Underground Injection Control (UIC) permit may be 13 required from the Department of Health, State of Hawaii. There is no municipal sewer system in the area. According to the Department of Health, for use of an on-site wastewater disposal system, a variance will be required from the State Department of Health through the Wastewater Branch. Wastewater rules state that an on-site wastewater disposal system may be used if the total development of an area does not exceed 50 dwelling units. Under current regulations, lots in this area are allowed one (1) cesspool, provided the lots are one (1) acre or larger. When wastewater rules change to preclude the approval of new cesspools, septic systems will be required regardless of lot size. The project has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The Land Study Bureau Soil Rating for the property is "E" or Very Poor, and the ALISH classification is Existing Urban Development. The properties are situated off Kaumana Drive and bordered on the east by Wilder Road. The project area is located within Zone C (areas of minimal flooding) as well as Zone A, as designated by the Flood Insurance Rate Map (FIRM) dated September 16, 1988, by the Federal Emergency Management Agency (FEMA). The Department of Public Works requires the applicant to prepare a flood study certified by a licensed civil engineer indicating the base (100 -year) flood elevations within Flood Zone A. If the flood study reveals flood limits different from that of the FIRM, the applicant shall obtain a FEMA Conditional Letter of Map Revision (CLOMR) prior to construction plan approval. Upon completion of construction, the applicant will be required to obtain a FEMA Letter of Map Revision (LOMR) prior to Final Subdivision Approval. The subject properties are located outside of any tsunami inundation area. According to a field survey conducted in December, 1995, no endangered or threatened species of floral or fauna nor any archaeological sites were found in the area. The Land Study Bureau's Overall Master Productivity Rating for the subject area is Existing Urban Development. Based on the above findings, this request for a Change of Zone from an Agricultural (A -20a) to a Family Agricultural (FA -la) zoned district would result in an -5- appropriate land use pattern that will further benefit the general public. The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map) is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. 0 Ul",I "'f C)f HAWAIS. S' SA'S'E Off' HAWAII BILA, NO. __ (PLANNING DEPARTMENT) ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUN'T'Y CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A -20a) TO FAMILY AGRICULTURAL (FA -1a) AT KAUMANA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEYS 2-5-44:1 AND 2-5-45:PORTION 1. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Kaumana, South Hilo, Hawaii, shall be Family Agricultural (FA -1 a): Beginning at an ahu (found) at the northwest comer of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAUMANA" being 1,301.47 feet south and 6,016.55 feet West and thence running by azimuths measured clockwise from true South: 1. 2580 27' 791.67 feet along Government Land; 2. 3410 00' 900.00 feet; 3. 2680 00' 795.69 feet; 4. 700 33' 415.12 feet along Lot A, being a portion of R.P. 5706, L.C.Aw. 8521-B, Ap.2 to G.D. Hueu; -1- 5. 400 57' 340.00 feet along Lots A and B, being portions of R.P. 5706, L.C.Aw. 8521-B, Ap.2 to G.D. Hueu; 6. 530 40' 227.00 feet along Lot B, being a portion of R.P. 5706, L.C.Aw. 8521-B, Ap.2 to G.D. Hueu; 7. 830 39' 165.00 feet along Lot B, being a portion of R.P. 5706, L.C.Aw. 8521-B, Ap.2 to G.D. Hueu; 8. 640 32' 535.00 feet along Lot C, being a portion of R.P. 5706, L.C.Aw. 8521-B, Ap.2 to G.D. Hueu; 9. 82° 27' 244.00 feet along Lots C and D, being portions of R.P. 5706, L.C.Aw. 8521-B, Ap. 2 to G.D. Hueu; 10. 850 39' 178.35 feet along Lot D, being a portion of R.P. 5706, L.C.Aw. 8521-B, Ap.2 to G.D. Hueu; 11. 1800 00' 1488.08 feet along Grant 4051 to T. Mutch to the point of beginning and containing an area of 36.913 Acres, more or less (refer to Parcel "A" as shown on Exhibit "A"). Beginning at an ahu (found) at the northeast comer of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAUMANA" being 1,301.47 feet South and 6,016.55 feet West and thence running by azimuths measured clockwise from true South: 1. 2. 3. 4. 3600 00' 1466.85 feet along Grant 4074 to H.C. Hitchcock; 940 21' 97.08 feet along Lot 13, being a portion of R.P. 5706, L.C.Aw. 8521-B, Ap.2 to G.D. Hueu; 870 11' 404.32 feet along Lot 13, being a portion of R.P. 5706, L.C.Aw. 8521-B, Ap.2 to G.D. Hueu; 650 31' 242.19 feet along Lot 13, being a portion of R.P. 5706, L.C.Aw. 8521-B, Ap.2 to G.D. Hueu; -2- 5. 52" 30' 408.32 feet along Lot 13, being a portion of R.P. 5706, L.C.Aw. 8521-B, Ap.2 to G.D. Hueu; 6 720 44' 231.18 feet along Lot 13, being a portion of R.P. 5706, L.C.Aw. 8521-B, Ap.2 to G.D. Hueu; 7 760 13' 182.14 feet along Lot 13, being a portion of R.P. 5706, L.C.Aw. 8521-B, Ap.2 to G.D. Hueu; 8. 1800 00' 1554.21 feet along Grant 4075 to Chas. Auld; 9. 2550 01' 1493.41 feet along Government Land to the point of beginning and containing an area of 48.123 Acres, more or less (refer to Parcel "B" as shown on Exhibit "A"). Beginning at an ahu (found) at the northeast comer of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAUMANA" being 1,687.57 feet south and 7,459.19 feet West and thence running by azimuths measured clockwise from true South: 1. 3600 00' 1554.21 feet along Grant 4051 to T. Mutch; 2. 760 13' 123.70 feet along Lot 13, being a portion of R.P. 5706, L.C.Aw. 8521-B, Ap.2 to G.D. Hueu; 3. 510 44' 302.82 feet along Lot 13, being a portion of R.P. 5706, L.C.Aw. 8521-B, Ap.2 to G.D. Hueu; q 280 08' 295.89 feet along Lot 13, being a portion of R.P. 5706, L.C.Aw. 8521-B, Ap.2 to G.D. Hueu; 5 740 02' 324.71 feet along Lot 13, being a portion of R.P. 5706, L.C.Aw. 8521-B, Ap.2 to G.D. Hueu; 6. 1800 50' 30" 1656.01 feet along remainder of Grant 4075 to Chas. Auld and Lots 4 and 12, being portions of Grant 4075 to Chas. Auld; -3- 7. 2390 20' 912.95 feet along Government Land to the point of beginning and containing an area of 29.538 Acres, more or less (refer to Parcel "C" as shown on Exhibit "A"). All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: 13 C7owdl0 Lda -10/ 11/00 RICHARD M. TOWILL CHANGE OF ZONE APPLICATION (REZ 00-010) CONDITIONS OF APPROVAL A. The applicants, their successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicants, successors or assigns shall be responsible for complying with al requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible uses within the State Land Use Agricultural District. C. Final Subdivision Approval of the proposed agricultural subdivision shall be secured from the Planning Director within five (5) years from the effective date of this ordinance. D. Access from Kaumana Drive and Hapuu Road shall meet with the approval of the Department of Public Works. E. The applicant shall install street lights, sighs and markings meeting with the approval of the Department of Public Works, Traffic Division. F. A flood study shall be prepared, and if the flood study reveals flood limits different from that of the FIRM, the applicant shall obtain a FEMA Conditional Letter of Map Revision (CLOMR) and a FEMA Letter of Map Revision (LOMR) prior to Final Subdivision Approval, meeting with the approval of the Department of Public Works. G. A drainage study shall be prepared and submitted for approval to the Department of Public Works prior to Final Subdivision Approval. The drainage system shall be constructed in conjunction with Final Subdivision Approval, meeting with the approval of the Department of Public Works H. A Solid Waste Management Plan shall be submitted for review and approval to the Department of Public Works in conjunction with the submittal of plans for Final Plan Approval to the Planning Director. A wastewater system for the proposed development shall be constructed, meeting with the approval of the Department of Health. J. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources - Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it finds that sufficient mitigation measures have been taken. K. Upon compliance with applicable conditions of approval, prior to the establishment of any new use or the opening of the proposed development, the applicant shall submit a final status report, in writing, to the Planning Director. L. Comply with all other applicable rules, regulations and requirements of the affected agencies for the development of the subject properties, including the Department of Public Works, Department of Water Supply, Department of Health, and Department of Education. M. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. N. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. O. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject property to its original or more appropriate designation. -3- A- 'S"Je•• 20. 111 -: A - 20. A-10. A.I. ' 1. 1 FAMILY w A-20. n-1. -lo. ♦��,i♦ ROA ` a„ A-20. A-20. SS 10 A-1. ICN - AO AGRICULTURAL (A-200) TO IWA 1 04 FAMILY AGRICULTURAL (FA -1.1 O e A-20. 1\ O 10 - RM - f `\\' Z. t N t 5 \ ` CN - A � _ _ z UL RSULU -).f 0 1 A -I. RS 2.5 11 ' M� O O '1 M(A-20a) 1 A.I. A-20. Y Y r AKOLEA ROAD A- XHIBIT "A" (RIC O M. TOWILu -: A - 20. A-10. A.I. O A-20. n-1. -lo. WILDER ROA ` a„ A-20. A-20. SS 10 A-1. ICN - AO *� UKIA > UKIA P O e A-20. 1\ O 10 - RM - f `\\' Z. t N t 5 \ ` CN - A � _ _ z UL RSULU -).f 0 1 A -I. RS 2.5 O O A.I. A-20. Y Y r AKOLEA ROAD RM -4 A-20. ! ..... AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A -20a) TO FAMILY AGRICULTURAL (FA -1a) AT KAUMANA, SOUTH HILO, HAWAII. PREPARED BY : PLANNING DEPARTMENT COUNTY OF HAWAII TMK : 2-5-44: 1 & 2-5-45: POR. 1 OCT. 11. 2000 XHIBIT "A" (RIC O M. TOWILu f17TTACHMENT 2 L}?TTPR FROAl DEPT. OF IF'.-1"IT'R SUPPLY, COUNTY'OF HAWAII, A4; IRCH 1 3, 2003 DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII 345 KEKUANAOA STREET, SUITE 20 • HILO, HAWAII 96720 TELEPHONE (808) 961-8050 • FAX (808(961-8657 March 13, 2003 l 2003 PAT( Mr. James H. Yamamoto R. M. Towill Corporation 420 Waiakamilo Road, Suite 411 Honolulu, HI 96817-4941 RICHARD TOWILL'S SUBDIVISION CHANGE OF ZONE APPLICATION (REZ 00-010) TAX MAP KEY 2-5-044:001 AND 2-5-045:001 This is response to your March 7, 2003, letter concerning the aforementioned Change of Zone conditions and conclusions made at our February 5, 2003, meeting. The Department of Water Supply (DWS) concurs with the issues stated in your letter. DWS will support the Change of Zone without requiring the applicant to construct the booster pumping system improvements agreed to as a condition of the zone change as long as the applicant subdivides his lots to utilize a maximum of 35 -units of water. Anything beyond the 35 -units of water will require the construction of the booster pumping system. Through a copy of this letter and a copy of your March 7, 2003, letter, the Planning Department will be informed of this understanding. Should there be any questions, please call our Water Resources and Planning Branch at 961-8070, extension 1. Sincerely yours, Milton D. Pavao, P.E. Manager SHK: sco copy - (w/enc.) Planning Department ... TUder 6ringj rroyrejs...