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HomeMy WebLinkAboutCOM 0409.000 2004-2006 J~iv of ~~4 ~.i` ~r Harrv Kim 1'~d~• llixie Kaetsu ,M1lcryar Managing Director Peter L. Hendricks ?~*t pf'w~'~~ Deputy Managing D~recmr COUNTY OF HAWAII ~ ~ 25 Aupuni Street, Room 2t5 . Hdo, Hawau 96720-4252 • B08) 961-8211 Fax (808) 961-6553 KONA. 75-5706 kuaklni FLghway, Suite 103 Iiailua-Kona, Hawaii 96~A0 (ROS}329-5226 • Fex (808}326-5663 - August 18, 2005 Honorable Stacy Higa, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Higa and Members: Change of Zone Application (REZ OS-005) Applicant: Timothy DeLozier Request: RS-10 to CN-10 Tax Map Key: 2-2-27:42 yE'hange of Zone Application (REZ OS-007) Applicant Craig & April Nakagawa Request: RS-15 to RS-10 Tax Map Key: 2-4-9:26 Change of Zone Application (REZ OS-006} Applicant Howazd DeLima, Jr. & Napua DeLima Request: RS-10 to ML-20 Tax Ma~Kev: 2-2-35:) and 10 As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above-referenced requests. Sincerely, Ido~~t,l Harry Kim Mayor ~g~5~5 4og Enclosures Comm. No.~ ce: Planning Department Ref. To: C Hawat~ County is an liyual Opportunfry Employer and Provider Rd~• ~`L7~p ~ ~ vv w~~ ~ ;w Mr.'s h County of Hawaii PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suile 3 • Hilo, Hawaii 96720 Phnne (808) 961-8288 • Fax (ROR) 961-8742 April 18, 2005 Stacy Higa, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Higa and Council Members: Change of Zone Application (REZ 05-007) Applicant: Craig & April Nakagawa Request: RS-] 5 to RS-10 Tax May Key: 2-4-9:26 The Planning Commission, after a duly held public hearing on August 5, 2005, voted to recommend for your approval the proposed legislative bill to change the district classification from a Single Family Residential -15,000 square feet (RS-15) to a Single Family Residential - 10,000 square feet (RS-10) district. The property is located along the east side of Maikai Street, approximately 200 feet north of the former Kinoole Food Fair Supermarket complex, Waiakea Homesteads, 1st Series, South Hilo, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The applicants are requesting a change of zone from Single-Family Residential - 15,000 square feet (RS-15) to Single-Family Residential - 10,000 square feet (RS-10) to subdivide the property into two lots. One lot will be approximately 10,032 square feet in size and will retain the existing single-family dwelling. The second lot will consist of approximately 17,192 square feet. Initially, the applicants proposed to construct two new dwellings on the 17,192 square foot lot. However, due to concerns from the surrounding lot owners, the applicants now intend to construct only one dwelling on the 17,192 square foot lot. The dwellings will be utilized as rental units. The estimated cost of the project is $300,000. Hawaii County is an Egual Opportunity Provider and Employer Stacy Higa, Chairman and Members of the County Council Page 2 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 Change of Zone request from aSingle-Family Residential 15,000 square foot (RS-15) to aSingle-Family Residential - 10,000 square foot (RS-10) district conforms to the goals, policies and standards of the General Plan Economic and Land Use Elements. 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 goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. 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 requested change of zone conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map. The Land Use Pattem Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies 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 property is designated Low Density Urban, which reflects uses single-family residential in character. Stacy Higa, Chairman and Members of the County Council Page 3 The Land Study Bureau's Soil Rating and the ALISH Map identify the area as Unclassified. The property is a triangular, approximately 27,224 square foot improved property on the east side of Maikai Street. There is a 73-year old single-family dwelling on the site. The area is predominantly single family residential in character. Surrounding properties are zoned RS-IS to the north, west and south, and RS-10 to the east. Further south of the site on the corner of Maikai and Kinoole Streets are properties zoned CN-10, site of the former Food Fair Supermarket complex. Within mile of the site, there are various commercial uses including restaurants, shopping centers, churches, schools and convenience stores. The State Land Use designation for the subject property is Urban. The proposed change of zone would complement the existing land uses in this area and will provide for an orderly development of the area. As stated above, the applicants initially intended to construct two new dwellings on the 17,192 square foot lot. However, the applicants have since changed their plans and will construct only one dwelling on the 17,192 squaze foot lot. The Planning Director supports this rezoning request to allow atwo-lot subdivision with one home on each lot. Therefore, a condition will be included in the change of zone ordinance to prohibit a second dwelling unit and a Condominium Property Regime on each lot. All utilities and services are available to the site. County water is available to the site. The applicants propose to use a septic system, meeting with the approval of the State Department of Health. Solid waste will be disposed at appropriate sites designated by the Department of Environmental Management. Electricity and telephone services are available to the site. The closest fire station is located on Kawailani Street approximately one mile from the site. The police station is located approximately two miles from the property. Public schools are located within one mile of the site. Access is proposed from Maikai Street, an approximately 40-foot wide County road. The property has no severe geological or topographical problems which cannot be rectified or which would render the land unusable. The project site is located within Zone "X", area determined to be outside the 500-year floodplain. All development generated storm run-off shall be disposed of on-site and not allowed onto adjacent properties or roadways. Stacy Higa, Chairman and Members of the County Council Page 4 The property has been developed for single-family residential use since 1932, thus no formal archaeological study was conducted. The property has been extensively landscaped with a lawn and ornamental species. The applicants state that there is no habitat that would appear valuable for native terrestrial or aquatic species. By letter dated March H, 2005, the applicants have requested a "no effect" letter from the State Department of Land and Natural Resources Historic Preservation Division (DLNR-HPD). In a memo dated May 11, 2005, the DLNR-HPD has stated that "residential development/urbanization has altered the land; home on property is considered an [sic] historic property as it is over 50 years old, but proposed action does not pose any potential adverse effect. No historic properties will be affected by this undertaking." No professional flora or fauna surveys were conducted of the site, as the property has been developed for single-family residential use since 1932. The property is located in an urban setting in an area dominated by single-family residential uses. The applicants do not believe that rare or endangered floral or faunal resources are on the site. The site or general area is not known to be a habitat for any rare or endangered animal life. Given the disturbed and urban nature of the surrounding area, the presence of any endangered animal life is remote. The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not located in the Special Management Area. The project site is located more than two miles from the shoreline and will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access to the shoreline or mountain areas Chat traverses the property. According to the applicants, no valued cultural, historical or natural resources exist on the property and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Therefore, no action is necessary to protect these rights. In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka'Aina "decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: Investigation of valued resources: No formal archaeological reconnaissance survey, oral history of kamaaina accounts of the area, historical survey of documentary records, botanical and/or fauna study was submitted. Stacy Higa, Chairman and Members of the County Council Page 5 The valuable cultural, historical, and natural resources found in the rezoning azea: The property is improved with a 73-year old single-family dwelling. The property has been extensively landscaped with a lawn and ornamental species. The applicants state that there is no habitat that would appear valuable for native terrestrial or aquatic species. By memo dated May 11, 2005, the DLNR-HPD has stated that no historic properties will be affected by this undertaking. Possible adverse effect or impairment of valued resources: Native plants could be destroyed by construction and ground alteration. The property does not abut the shoreline, therefore Hawaiian gathering and fishing rights is not an issue. Feasible actions to protect native Hawaiian rights: Conditions of approval will be included to require the applicants to notify the DLNR-HPD should any unidentified sites or remains be encountered, and proceed only upon an archaeological clearance from the DLNR-HPD. The applicants have stated that there is no evidence of any traditional and customary Native Hawaiians rights being practiced on the site, nor existence of any known valued cultural, historical or native resources in the area. Thus, it is believed that the project would have no adverse impact relative to the cultural and historical resources of the area. To the extent to which traditional and customary Native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights and no action is necessary to protect these rights. Based on the above findings, approval of this change of zone request from Single-Family Residential - 15,000 square feet (RS-15) to Single-Family Residential 10,000 -square feet (RS-10) 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 (City of Hilo Zone Map), of the County Zoning Code is transmitted. Stacy Higa, Chairman and Members of the County Council Page 6 We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, Fred Galdones, Chairman JJJ Planning Commission Lnakagawa02pc Enclosures cc: Craig and April Nakagawa Mr. Brian Nishimura Department of Public Works Department of Water Supply BNakagawaREZ.da:-7f20/OS COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT CRAIG K AND APRIL H. NAKAGAWA CHANGE OF ZONE APPLICATION (REZ OS-007) CRAIG K. AND APRIL H. NAKAGAWA have submitted an application for a Change of Zone from Singl~Family Residential - 15,000 square feet (RS-15) to Single-Family Residential - 10,000 square feet (RS-10) for approximately 27,224 squaze feet of land. The property is located on the east side of Maikai Street, approximately 200 feet north of the former Kinoole Food Fair Supermazket complex, Waiakea Homesteads, 1 sc Series, South Hilo, Hawaii, TMK: 2-4-9: 26. REQUEST I. Proposed Development: Change of zone from Single-Family Residential 15,000 - squaze feet (RS-15) to Single-Family Residential - 10,000 square feet (RS-10) to subdivide the property into two lots. One lot will be approximately 10,032 squaze feet in size and will retain the existing single-family dwelling. The second lot will consist of approximately 17,192 square feet. Two new dwellings aze proposed to be constructed on the second lot. The applicants propose to apply for an Ohana Permit for the two new dwellings. All three dwellings will be utilized as rental units. (Exhibit A -Change of Zone application) 2. Timeframe for construction: Construction of the first dwelling will begin within one yeaz from the date of Final Subdivision Approval. Construction of the second dwelling will commence within one yeaz from the date of approval of the Ohana Permit. 3. Cost of improvements: $300,000. 4. Landowners: Craig K. and April H. Nakagawa. BACKGROUND INFORMATION 5. Notice to Applicants: By letter dated June 6, 2005, the applicants were informed that the County Council imposes a condition restricting the construction of a second dwelling unit on additional lots approved as part of a change of zone request. The Planning Director _t_ ATTACH: Cann. 409 Bill 140 also informed the applicants that an alternative would be to rezone the property to Single- Family Residential 7,500 square feet (RS-7.5). By letter dated June 13, 2005, the applicants indicated their preference to rezone the property to RS-10 and construct two additional dwellings on the newly created lot as stated in their application. (Exhibit B - June 6, 2005 letter to applicants and June 13, 2005 applicant's letter to Planning Director) STATE AND COUNTY PLANS 6. State Land Use Designation: Urban. 7. General Plan LUPAG Map: Low Density Urban. 8. County Zoning: Single-Family Residential (RS-15). 9. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawaii lies within the Coastal Zone Management area. 10. Special Management Area: The SMA is a part of the Coastal Zone Management Program regulated by the County. The project site is not located in the SMA. DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA 11. Subject Property: The property is a triangulaz, approximately 27,224-squaze foot improved property. There is a 73-year old single-family dwelling on the site. 12. Surrounding Zoning and Land Uses: The area is predominantly single family residential in character. Surrounding properties are zoned RS-15 to the north, west and south, and RS- ] 0 to the east. Further south of the site on the corner of Maikai and Kinoole Streets are properties zoned CN-1 Q site of the former Food Fair Supermazket complex. Within one-half mile of the site, there are various commercial uses including restaurants, shopping centers, churches, schools and convenience stores. 13. U.S.D.A. Soil Type: The Olaa series, which consist ofwell-drained extremely stony silty clay loams which formed in volcanic ash. Permeability is rapid, runoff is slow, and the erosion hazazd is slight. 14. ALISH: Unclassified. 15. Land Study Bureau's Productivity Rating: Unclassified. 16. Noise Impacts: Existing ambient noise includes traffic from neighboring streets. Short- -2- term noise impacts associated with the project are temporary, and all applicable rules governing construction noise abatement will be observed. 17. Air Quality: Fugitive dust during construction can be mitigated by compliance with the Department of Health's regulations. The only impact to air quality would be the vehiculaz traffic on neighboring streets. 18. FIRM:L,one "X", an area outside of the 500-year flood plain. 19. Coastal Hazards: The property is located over two miles from the shoreline and will not affect, or be affected by shoreline processes. 20. Recreational Resources: The proposed development will not reduce the size of the coastline or other areas used for public recreational uses. 21. Visual Resources: The proposed project will not affect the visual resources in the azea. 22. Flora/Fauna: As the property is improved with asingle-family dwelling, no professional surveys were conducted of the site. The property is located in an urban setting in an azea dominated by single-family residential uses. 23. Archaeologieal/Historical Resources: The property has been developed for single- family residential use since 1932, thus no formal azchaeological study was conducted. The property has been extensively landscaped with a lawn and ornamental species. The applicants state that there is no habitat that would appear valuable for native terrestrial or aquatic species. By letter dated Mazch 8, 2005, the applicants have requested a "no effect" letter from the Department of Land and Natural Resources Historic Preservation Division (DLNR-HPD). In a memo dated May 11, 2005, the DLNR-HPD has stated that "residential development/urbanization has altered the land; home on property is considered an [sic] historic property as it is over 50 years old, but proposed action does not pose any potential adverse effect. No historic properties will be affected by this undertaking." 24. Cultural or Native Gathering Rights: There is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of any known valued cultural, historical or native resources in the area. 25. Traffic: According to the applicants, traffic generated by two additional single-family -3- dwellings is expected to be minimal. 26. Public Access: There is no record of a designated public access to the shoreline or mountain azeas that traverses the property. PUBLIC UTILITIES AND SERVICES 27. Access: Access to the site is from Maikai Street, an approximately 40-foot wide County roadway. 28. Water: County water is available to the site from a 6-inch waterline along Maikai Street.. 29. Wastewater: The existing single-family dwelling utilizes a cesspool for sewage disposal. The two proposed dwellings will use septic systems meeting with the approval of the Department of Health. 30. Solid Waste: All waste will be disposed at appropriate sites designated by the Department of Environmental Management. 31. Essential Utilities and Services: Electricity and telephone services aze available to the site. The closest fire station is located on Kawailani Street approximately one mile from the site. The police station is located approximately two miles from the property. Public schools are located within one mile of the site. AGENCIES' AND ORGANIZATIONS' COMMENTS 32. Department of Public Works: Exhibit C -June 23, 2005 Memo 33. Department of Water Supply: Exhibit D -June 24, 2005 Memo 34. Police Department: Exhibit E -June 16, 2005 Memo 35. Department of Land and Natural Resources Historic Preservation Division: Exhibit F -May I1, 2005 Memo 36. Department of Health: Exhibit G -June 22, 2005 Memo AGENCIES - NO COMMENTS OR OBJECTIONS 37. Fire Department AGENCIES - NO RESPONSE 38. Department of Environmental Management, Office of Housing and Community Development, Department of Land and Natural Resources Land Division -4- APPLICANTS' RESPONSE TO AGENCIES 39. Exhibit H -July 12, 2005 Letters PUBLIC COMMENTS 40. None as of this writing. -5- CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT C ; ' ' ' ` (Type or legibly print the requested information) ' .APPLICANT: Craig K. and. April H. Na'cagaera 5 - - 05 APPLICANT'S SIGNATURE: DATE: s~-o5 ADDRESS: 486 Makanaa Street Hilo, Ha*.aaii 96720 LIST APPLICANT'S INTEREST IF NOT OWNER: Applicants are the Otrner LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (Res.) (808) 969-3183 (Fax) LANDOWNER(S): Same as Applicant LANDOWNER SIGNATURE(S): DATE: (May be by letter) LANDOWNER(S) ADDRESS: REQUEST: ss-15 TO RS-10 (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) 2-4-9: 26 STREET ADDRESS OF PROPERTY: 51 Maikai Street Hilo. Hawaii SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 27 , 224 square feet AGENT: Brian T. Nishimura, Planning Consultant ADDRESS: 101 Aupuni Street, Ste. 217 Hilo, Hazaaii 96720 TELEPHONE:(Bus.) (808") 935-7692 (Res.) (808) 935-7x86 (Fax)(808) 935-6126 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Applicant COPIES: Agent EXHIBIT ATTACHMENT = Residential Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE i. If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? Yes if yes, please answer the rest of question I and then to question 3. a. How many acres of the requested area do you intend to subdivide? Entire parcel b. Into what lot sizes? min. 10,000 sf 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? 6 months d. Do you intend to build houses on the newly created lots? : es if yes, please answer the following questions: on the neh lot created on how many of those lots? At what approximate price range? House not sure Lots intended as Total a rental Approximately how long, after approval of the subdivision, would the first house be available for occupancy? 2 years If you intend to subdivide, .please submit a preliminary schematic subdivision plan together with your change of zone-application form. 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? N/A 6. Sell or lease the land to someone who has tentative plans? N/A c. Sell or lease the land to someone who has ~ plans? N/A d . Keep it? N/A 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 xou think that your request and your further plans for the land will alleviate the local housing situation? It tiaill help How? If the change of zone is approved and a Ohana °ermit is granted there will be two near single family units available for rent. 4. Are there any buildings on the subject area? Yes If so, what kind? Single Family D~relling what do you intend to do with those buildings i.f your request is approved? The existing d~aelli.ng ~•rill be retained and utilized as a rental unit. -2- 5. Is the subject land currently being used for any agricultural activity? No 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? No If so, please describe the problem. 7. Do you think that the roads leading to the subject area needs improvement? No If so, what kind? Is the road adequate for the proposed traffic volume or load? Y`G 8. what sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? a. Schools s X b. Roads X c. Sewer X d. Drainage X e. police Protection X -3- Yes gp f. Fire Protection X g, Recreational Facilities X h. Public Utilities X other g For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. Cam- k ~~.o-~-~~^- Signature: c~n,t h V , Address: 486 Ma'tanaa Street Hilo, HI. Telephone: (808) 969-3183 Date: Slg~oS 6337A/50A -4- P.D. S/84 CHANGE OF ZONE APPLICATION BACKGROUND ANA COUNTY ENVIRONMENTAL REPORT APPLICANT: CRAIG K. and APRIL H. NAKAGAWA REQUEST: Single Family Residential 15,000 (RS-15) to Single Family Residential 10,000 (RS-10) TAX MAP KEY: (3) 2-4-9: 26 A) SUBJECT REQUEST 1) Details of the Proposed Development: a) Project description: Craig K. and April H. Nakagawa are requesting a Change of Zone for approximately 27,224 square feet of land from a Single Family Residential 15,000 (RS-15) to a Single Family Residential 10,000 (RS-10) zoned district. The property is located along the east side of Maikai Street, approximately 900 feet south of the Maikai Street- Puainako Street intersection, Waiakea Homesteads, First Series, South Hilo, Hawaii. The applicants are proposing to subdivide the 27,224 squaze foot pazcel into two lots. Proposed lot 26-A will consist of approximately 10,032 square feet of land and will retain the existing single family dwelling. Proposed lot 26-B will consist of approximately 17,192 square feet. Upon approval of the change of zone request and the proposed subdivision of the property, the applicants will apply for an Ohana Permit to allow the construction of two new single family dwellings on proposed lot 26-B. The applicants intend to utilize all three dwellings as rental units. b) Statement of objectives aad reasons for the request: The applicants intend to address the existing demand for single family residential rental units in the South Hilo district. The approval of the change of zone application and proposed Ohana Permit application will allow the applicants to make efficient use of their property. c) Timeframe and cost: The applicants will submit a subdivision application immediately upon approval of the change of zone request. The Ohana Permit application will be submitted upon receipt of final subdivision approval. Construction of the first dwelling will begin within one yeaz from the date of fmal subdivision approval. Construction of the second dwelling will begin within one year from the approval of the Ohana Permit application. The estimated cost of the proposed improvements is $300,000. d) Traffic impacts: The traffic impacts generated by two additional single family dwellings will be minimal and is not expected to adversely affect traffic on the adjacent roadway, system. B) CONFORMANCE WITH STATE/COUNTY PLANS 1) State Land Use designation: The subject property is situated within the State Land Use Urban district. 2) Applicable goals/policies and objectives of the General Plan: The proposed project is consistent with the following goals, policies, and objectives of the General Plan. Housine Element • Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. • Attain adiversity of socio-economic housing mix throughout the different parts of the County. • Maintain a housing supply that allows a variety of choices. • Encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies. • Increase rental opportunities and choices in terms of quality, cost, amenity, style and size of housing, especially for low and moderate income households. • Vacant lands in urban azeas and urban expansion azeas should be made available for residential uses before additional agricultural lands are converted into residential uses. Land Use-Single Familv Residential • To maximize choices ofsingle-family residential lots and/or housing for residents of the County. • To provide single-family residential azeas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers that takes natural beauty into consideration. • Designate and allocate single-family residential zoned lands at varying densities for future use in accordance with the needs of the communities and the stated goals, policies, and standazds. Economic • Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environment. • Economic development and improvement shall be in balance with the physical, social, and cultural environments of the island of Hawaii. 3) General Plan designafion: The General Plan Land Use Pattern Allocation Guide (LUPAG) Map designation for this section of Maikai Street is Low Density Urban. 4) Zoning: The zoning designation for the subject property is Single Family Residential 15,000 (RS-15). 5) Community Development Plan: The Hilo Community Development Plan, adopted by Resolution on May 21, 1975, designates the subject area as Single Family Residential 15,000 (RS-15), consistent with the existing zoning designation. 6) Special Management Area (SMA): The subject property is not situated within the SMA boundary. C) PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA 1) Description of the subject property: The subject property has an azea of 27,224 square feet and is located along the east side of Maikai Street, approximately 900 feet south of the Maikai Street-Puainako Street intersection, Waiakea Homesteads, First Series, South Hilo, Hawaii. There is an existing single family dwelling on the subject property which was constructed in 1932. 2) Lava Hazard Zone: The subject property is in a region where the volcanic hazazd, as assessed by the United State Geological Survey, is determined to be Lava Flow Hazazd Zone 3 on a scale of ascending risk from 9 to 1. Zone 3 includes the lower slopes of Mauna Loa, including the entire City of Hilo, which aze gradually less hazardous than Zone 2 because of greater distance from recently active vents and/or because the topography makes it less likely that flows will cover these areas. 3) Distance from the coastline: The coastline is situated approximately 2 miles northeast of the subject property. 4) Agricultural Lands of Importance to the State of Hawaii (ALISH) designation: The project site does not include prime, unique, or other important agricultural land of statewide or local importance. 5) U.S.D.A. Natural Resources Conservation Services Soil Service Report soil type: The U.S.D.A., Soil Conservation Services Soil Survev of the Island of Hawaii classifies the soil of the subject property as the Olaa Series (OID) which consists ofwell-drained silty clay loams that formed in volcanic ash. The surface layer and subsoil aze about 16 and 9 inches thick, respectively. Permeability is rapid, runoff is slow, and the erosion hazard is slight. 6) Land Study Bureau soil rating: The subject property is designated as an urban azea and was not given a soil rating. ~ Existing drainage ways or improvements: There are no existing drainage ways or improvements in the vicinity of the subject property. 8) Air/noise/water quality: The air quality of the subject property is primarily affected by pollutants derived from the volcanic emissions from the ongoing Kilauea eruption. The only other source of air pollution affecting the project site is vehicle exhaust emissions from neighboring streets. In general, however, the ambient air quality of the project area meets all federal and state standards as evidenced by its designation as an "attainment" area by the State Department of Health, Clean Air Branch. Existing noise levels in the vicinity of the subject property are typical of a single family residential neighborhood. Based on general observations at the project site, the site is not subject to current or projected noise levels that exceed 65 DNL (day-night average sound level, in decibels). The closest water body to the project area is the Waiakea Pond, approximately I.5 miles northeast of the project site. As such, the proposed change of zone is not anticipated to have any impact on water quality. 9) Existing archaeological, cultural or historic sites on National Register or s. Hawau Register: Due to the development and use of the subject property for single family residential purposes since 1932, it is highly unlikely that any azchaeological, cultural or historic sites are present on the property. A letter dated March 8, 2005, was transmitted to the State Historic Preservation Division requesting a "no effect" detemunation for the subject application. No response from the State Historic Preservation Division has been received to date. 10) Existing floraUfaunal resources (any native or exotic plants; any listed or candidate for endangered species): The entire parcel has been previously graded and developed for single family residential use since 1932. In addition to the single family dwelling, driveway and carport the property has been extensively landscaped with a lawn and ornamental species. There is no habitat that would appeaz valuable for native terrestrial or aquatic species. The disturbed, urban qualities of the site make it poorly suited as habitat for any listed or candidate for endangered species. 11) Scenic or coastal resources: The predominant scenic views in the vicinity of the project area aze of Mauna Kea and Mauna Loa. These views will not be adversely affected by the proposed rezoning. There are no coastal resources in the immediate vicinity of the subject property. 12) Social settlement pattern for the area: The project azea is predominantly single family residential in chazacter. Nevertheless there are a wide variety of land uses within a % mile radius of the subject property including churches, schools, gas stations, restaurants, fast food outlets, shopping centers, convenience stores, personal service providers and government offices. 13) Economic resources of the area: The project azea is situated inclose proximity to employment centers, shopping centers, schools, churches, public and private service providers and the University of Hawaii at Hilo. 14) Land values: Land values in Hilo have been on the rise reflecting a tight housing ana residential land market. A summary of the Hawaii Housing Policy Study conducted in 2003 stated the following: "Reviewing the data for the County of Hawaii from 1990 to the present, it is clear that several trends have shaped the mazket: • Moderate increases in production of for-sale housing units, responding to the mid-mazket demand that was so strong in the eazly 1990s; • Major decreases in pent-up demand during the nineties as population growth rates slowed; • A residual willingness of Hawaii residents to consider moving out of state to areas with a lower housing costs; • Increased interest by upper-income mainland US residents in Hawaii as a second home, and perhaps retirement, location; • Low mortgage rates, spurring booms in refinancing and home ownership; • Decreasing household sizes, due in part to an aging population; and • Very low or no production of new rental units, even though demand is increasing. "Taken together, these trends have led to a very active real estate mazket and, in recent yeazs, sharply increasing prices. Over the long term, prices should level off again, in part because mortgage rates will stabilize, in part because of the historical pattern of price increases and plateaus due to the small inventory in Hawaii markets. The longer-term issue of rental supply remains. In 2003, the excess of demand over supply was evident in dramatically decreased availability and skyrocketing rents. Most portents for the future suggest those conditions will not change soon." 15) Land use: The project area is predominantly single family residential in chazacter. Nevertheless there are a wide variety of land uses within a mile radius of the subject property including churches, schools, gas stations, restaurants, fast food outlets, shopping centers, convenience stores, personal service providers and government offices. 16) Zoning: The majority of the parcels on Maikai Street are zoned Single Family Residential 15,000 (RS-I5). The former Food Fair Super Market complex, situated approximately 250 south of the subject property, which currently houses government offices, a restaurant and a snack store, is zoned Neighborhood Commercial 10,000 (CN-10). Two pazcels situated approximately 150 feet north of the subject property and the parcels to the reaz (east and fronting on Kinoole Street) are zoned Single Family Residential 10,000 (RS-10). D) PUBLIC FACILITIES AND SERVICES 1) Description of access: Access to the subject property is provided by Maikai Street which is a County road with aright-of--way width of 40 feet and pavement width of 18 feet. 2) Availability of water: Water is available from a 6-inch line along Maikai Street. 3) Sewage disposal: The existing single family dwelling utilizes a cesspool for sewage disposal. The dwellings which aze proposed will utilize septic systems approved by the State Department of Health. 4) Sofid waste: There is no municipal collection system for solid waste in the County of Hawaii. All waste generated by the proposed project will be disposed at appropriate sites designated by the Department of Environmental Management. 5) Police and fire protection: The police station is situated approximately 2 miles away and the closest County fire station is situated approximately 1 mile southwest of the project site on Kawailani Street. 6) Schools: The project azea is served by Waiakea Elementary School, Waiakea Intermediate School and Waiakea High School which aze all within a mile of the subject property. The enrollment level at all three schools are currently below their operating capacity. Parks: Lokahi Park, Waiakea Elementary School, Waiakea Intermediate School and the Waiakeawaena Playground aze within''/z mile of the subject property. 8) Other utilities and services (telephone/electricity): The subject property is served by electrical, telephone and cable TV. lines from Maikai Street. E) ENVIRONMENTAL ASSESSMENT AND ANALYSIS 1) Relationship between local short term uses of environment and maintenance and enhancement of long term productivity: The project azea has been committed to single family residential use for over 70 yeazs. Approval of the subject change of zone application will allow the continuation of the single family residential use with a more efficient utilization of the land available. , 2) Mitigative measures proposed to avoid, minimize, rectify or reduce impact: Impacts resulting from the proposed change of zone are expected to be minimal. Any potential impacts can be mitigated by complying with all applicable code requirements. 3) Alternatives to the proposed development: In the event that the change of zone application is denied, the RS-15 zoning will remain in place and the owners could apply for an Ohana Permit to allow a second dwelling on the subject property. 4) Irreversible and irretrievable commitments of natural resources that would be involved if the proposed action is implemented: The subject property has been utilized for single family residential use for over 70 years. The proposed change of zone will utilize a portion of the existing lawn and landscaping for one additional parcel. ~e.qs eau~io.a IL O c ° 0 Z s ~ D_ 0 `n m c m - O m O ~ m ~ e Y N~ Y ? ^ J O U m m O 10 i T u x y O O O o n J m ~ ~ c °e ~ 0 Vt OD O o mn N .m m c~~o - O Z O 03 CC (O m -Nm ~m mE ~ vuE~ ° a ° ~ ~ O O N NtO ao.__ i.C o._ 3m EDZ 1. vim O C7 ~ N vo° m0 0_° y°c dma • O ~..,~sr~N C 3 p OS O JC mm~x o ~yx ; o o c^ u ~ 30 C N O ;~o~ o m~ f o t m o ~ m u° 02 oQ o oQ ouax a- i r-E z~o~., vw O~ ~ I ~ O O n'1_] c N N ® P~4 ~ J 9 N ~ io A, C O Q O] > °uozw m N. N O ~ y WN~ m ~ N m ~ W C. ~ N J6 =a~ = r J m rbN ii I Jo 1~ t e Op x 1 ~4 j O^ i ~o O _ ~ - l~ ~ O AOJ s~ Q 4 V ~ g OB'r! i° s q J ~ ~ ~ `F~l~ ar.°evo ~ / n g gg c o c I ~ r{ I 9 l g y ys a Ul 3 n of _ _ a I _ a M 4 ~ a°' o\ J~ NOS ~ 6B ~ Y e\, ~ e OAF Off! p j. o FO 1 aP 1 e a Aon.nVO Vuoemd Q O . ~ ~rv (1 ~ mN 1 ~ti 1 d2. o o v I 1 ~p N~ 1 fS~ I peimx Nrn I I O _ _ _ ~ _ I o's m m••a m i - - I _ ~ l H II \ o 00'ZZZ f- .04 eSe a ~ ~ ~ ~ o y° ~j e m ~ t Y 2'u o u o n'r - \ ° o i H ~ a ~ E n` vi - o to _ x a _ n E . o ~ r Z z x n ~ o OOJNSY~Oi Nq~' Ilany Kam 1y6G~;. > Christopher J. Yuen MaYaT = Dtrccmr Sr 9Ti Oi•M1.Jl Roy R. Takemoto t Deputy Dircclar ~IILt1t~~1 ITT ~ti~1T~Ttt PLANNING DEPARTN°T 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 (808)961-8288 Fax(808)961-8742 ,Tune 6, 2005 Mr. Brian Nishimura Planning Consultant 101 Aupuni Street, Suite 217 Hilo, HI 96720 Dear Mr. Nishimura: Change of Zone Application (REZ OS-007) RS-15 to RS-10 Applicant: Craig and April Nakagawa TMK: 2-4-9:26 This is in regards to your conversation with Norman Hayashi of this office regarding the above- captioned change of zone application. The purpose of the application is to create two lots, consisting of 10,032 square feet and 17,192 square feet. An existing single family dwelling will be retained on the proposed 10,032 square feet lo[. Your clients also intend to construct a single family dwelling and an ohana dwelling on the proposed 17,192 square feet lot. As you were informed, the County Council is now imposing a condition restricting a second dwelling unit on additional lots approved as part of a change of zone request. Therefore, the purpose of this letter is to inquire as to whether you clients intend to pursue the current change of zone application. An alternative to accomplish your clients' desire would be to rezone the property to a Single Family Residentia17,500 square foot (RS-7.5) district. It should be noted, however, that this not a tacit approval of the Planning Department's position on such a rezoning request. We would appreciate hearing from you as to whether your clients intend to pursue the current application. Should you have any questions, please feel free to contact Norman Hayashi at 961-828 8. Sincerely,,:- / CHRISTOPHER~%i'iIEN ° Planning Direc[o'r EXHIBIT ca Craig and April Nakagawa / p-wpm60ApeAle[ters~Z005tnishimura rez05-U07 F-F-OS ~..r.~~ [,7~~ 1" Hawaii Chanty is an Equal Opportunity Employer and Provider BRIAN T. NISHIMURA, PLANNING CONSULTANT 101 Aupuni Street, Suite 217 Hilo, Hawaii 96720-4221 Phone: (808) 935-7692 Fax: (808) 935-6126 E-mail: btnishi@verizon.net June 13, 2005 Mr. Christopher J. Yuen, Director County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 Subject: Change of Zone Application (REZ OS-007) Applicant: Craig and April Nakagawa Request: RS-15 to RS-10 TMK: (3) 2-4-9: 26 Deaz Mr. Yuen: This is in response to your letter dated June 6, 2005, regazding the subject application. ARer discussing this matter with my clients, they have informed me that they would like to continue with the current application. Should you have any questions regarding this matter, please do not hesitate to contact me. Sincerely, Brian T. Nishimura, Planning Consultant c. Craig and April Nakagawa ~~e.~7..1~2"7 DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII - DATE: June 23, 2005 ~ranardusk TO: Christopher J. Yuen, Planning Director FROM: Department of Public Works SUBJECT: CHANGE OF ZONE APPLICATION (REZ 05-007) Applicants: Craig & April Nakagawa Request: RS-15 to RS-10 TMK: 2-4-09: 026 We have reviewed the subject application forwarded by your memo dated May 13, 2005 and offer the following comments for your consideration. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500-year floodplain (may include areas with unknown flood or drainage hazards). Any earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. Maikai Street is a County right-of-way that is 40 feet wide. The proposed driveway access shall conform to Chapter 22, County Streets, of the Hawaii County Code and will require a permit from the Department of Public Works. Questions may be referred to Kelly Gomes of our Engineering Division at ext. 8327. KG EXHi~IT G County of Hawaii is an F,qual Opportunity Provider and Employer WA 7[* 4l1 dbAw O ~i 19 90 o DEPARTMENT OF WATER SUPP,L,Y COUNTY OF HAWAII 6 ~1~0[MAWV1 345 KEKUANAO'A STREET, SUITE~2U- ~~4i.i,~L O~; ~4AWA1'+I 9~72p, TELEPHONE (606) 961-8050 FAX (606) 961-0657 ~.l June 24, 2005 TO: Mr. Christopher J. Yuen, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUBJECT: CHANGE OF ZONE APPLICATION (REZ OS-007) REQUEST: RS-15 TO RS-10 APPLICANTS -CRAIG AND APRIL NAKAGAWA TAX MAP KEY 2-4-009:026 We have reviewed the subject application for the proposed Change of Zone and have the following comments. For your information, this parcel has an existing service lateral fora 5/8-inch meter with the Department. Based on the prevailing water situation in the area, water can be made available from a 6-inch waterline along Maikai Street. Pursuant to the Department's Rules and Regulations, a water commitment may be issued for 1 additional unit for the proposed 2-lot subdivision. The required water commitment deposit is $150.00 for the additional unit of water. 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. The applicant will be required to pay the prevailing facilities charge for the additional unit of water. Upon issuance of a formal water commitment, we shall submit our comments and requirements for tentative subdivision approval. 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 the necessary improvements, which shall include, but not be limited to, a service lateral that will accommodate a 5/8-inch ~m~fet~er to the additional proposed lot.EXH161,', Water 6rivc~5 ~roc~resa„. Y tr}~~~ ~j~}~ The Department of Waler Supply is an Equal Opportunity provitler and employee To file a complaint of discrimination, write: USDA, Director, Office of Civil ~___+oc-mr Whitten Building, 14th end Independence Avenue, 9W, Washingfnn DG 2 0 2 5 0-941 0-Or calf (202) 720-5964 (voice and TDD) Mr. Christopher J. Yuen, Planning Director Page 2 June 24, 2004 Submit installation plans prepared by a professional engineer, architect, or land surveyor, registered in the State of Hawaii, for review and approval. 2. Remittance of the prevailing facilities charge balance, which is subject to change, of $5,350.00. This is due and payable upon completion of the construction of the water system improvements and prior to final subdivision approval being granted. For your information, the total facilities charge requirement, which is subject to change, is $5,500.00. However, the total water commitment deposits are credited towards the final facilities charge requirement for the development. Note that the amount of water commitment deposits may exceed the prevailing facilities charge amount; for example, when requests for time extensions continue and are approved. Until the development is finally completed, these are separate and unrelated iterns. In the event that water commitment deposits exceed the facilities charge, no refunds are applicable. With this understanding, the current facilities charge balance is $5,350.00. 3. Comply with all other applicable policies and requirements of the Department's Rules and Regulations. Noncompliance may be cause for voiding this water commitment, at which time availability will be subject to change in accordance with the prevailing water system conditions, policies, and Rules and Regulations. Should there be any questions, please call Ms. Shari Komata of our Water Resources and Planning Branch at 961-8070, extension 252. Sincerely yours, M~ ton . Pavao, P.E. E M nage SHKaco copy - Mr. Craig K. and Ms. April li. Nakagawa Mr. Brian Nishimura (Y OF M ~VM.~;....'t~4 ` . Harry Kim Lawrence K. Mahuna Mayor Police Chief v: _ ~~ri•ni•e~'M~P - Harry S. Kubojiri Deputy Police Chief County of Hawaii POLICE DEPARTMENT 349 Kapiolani Street • Hilo, Hawaii 96720-3998 (808)935-3311 Fax (808) 961-6869 June 16, 2005 TO CHRISTOPHER J. YUEN, PLANNING DIRECTOR FROM DEREK D. PACHECO, ACTING ASSISTANT CHIEF AREAIOPERATIONS SUBJECT CHANGE OF ZONE APPLICATION (REZ 05-007) APPLICANT: CRAIG & APRIL NAKAGAWA REQUEST: RS-15 TO RS-10 TAX MAP KEY: 2-4-9:26 Staff, upon reviewing the provided documents and visiting the proposed site, does not anticipate any adverse public safety concerns. Should this application be approved, there will be a minimal increase in traffic. Thank you for allowing us the opportunity to comment. LW/Ili EXHIBIT "Hawai'i County is an Equal Opportunity Provider and Employer" s, n y PETEN T. YOUNG LINDA UNGLE A°/. ,e9e y'-k'r pWIgPEggaN GOVERNOfl OF HAWAII yip ,_;`-e~"', BOAgD OF LAND AND NATURAL gESOURCES , COMMISSION ON WATEq RESOURCE MANgOEMENT d,p•~-~ '(W _ ~ oEPYiY gRECTOq-LAND ~ DEAN NAKANO ADTIND DEPUTY pgECI011- WATEP AOVATIO RESWRCE9 BOATMB AND OCEAN RECREATION STATE OF HAWAII BUREgU OFCONVEYANCEg COMMISSION ON WATER gESWROE MANAGEMEM s, a DEPARTMENT OF LAND AND NATURAL RESOURCES CONSERVATION AND CDASTgL LANDS hafHS^' CONSEflVATpNANO flESOUgCFS ENFOgOFMEM 'ENDINEERIND HISTORIC PRESERVATION DIVISION FORESTgV ANO WIIfILIFE KAKUHIHEWA BUILDING, ROOM 555 HAHOOLgWE IBLAHp RESEflVAE CTIONOMMISSION 607 KAMOKILA BOULEVARD Lnrm KAPOLEI, HAWAII 96707 STgTE PAgKS May 1 1, 2005 HAWAII HISTORIC PRESERVATION Log: 2005.0854 DIVISION REVIEW Doc: 0505MM07 Applicant/Agency: Craig and April Nakagawa Address: c/o Brian T. Nishimura, Planning Consultant, 101 Aupuni St., Hilo, HI 96720 Project: 6E-42 Historic Preservation Review, [County/Planning] Request for Determination of"No Historic Properties Affected" for Change of Zone Application Location: Waiakea Homesteads, South Hilo, Hawaii Tax Map Key: (3) 2-4-009:026 1. We believe there are no historic properties present: a. intensive cultivation has altered the land x b. residential development/urbanization has altered the land c. previous grubbing/grading has altered the land d. an acceptable archaeological assessment or inventory survey found no historic properties x e. other * Nome ort property is considered an historic property as i> is over SO yem-.Y olc~ btrt proposed action does not pose arty potential adverse effect. x Thus, we believe that "no historic properties will be affected" by this undertaking. Signed_~,/~~ //~~~ate ~G~...1~- MaryAnne B. Maigret, Assistant Archaeologist Historic Preservation Division, Hawai' i Island EXHiENT ~E ~ hq LINDA LINGLE l CHIVOME L FUKINO, M.D. coveamoH 5 ~ DIRECTOR OF HEALTH tra 'T.y.eq.Nmp ~ ~ STATE OF HAWAII DEPARTMENT OP HEALTH ' P.O. BOX 916 _ - HILO, HAWAII 96721-0916 MEMORANDUM DATE: June 22, 2005 TO: Christopher J. Yuen Planning Director, County of Hawaii FROM: Aaron A. Ueno . 1,:v District F,nvironmental Health Program Chief SUBJECT:I_~ Change of Zone Application (REZ OS-007) Applicant: Craig & April Nakagawa Request: RS-15 to RS-10 Tax Map Key: 2-4-9:26 The use of individual wastewater systems is allowed. The type and number of individual wastewater systems to be used will be determined by the wastewater rules in effect at the time of building permit application. WORD:REZOS-007.my EXHIBIT _~~~~~f.~ BRIAN T. NISHIMURA, PLANNING C®NSUI,TANT 101 Aupuni Street, Suite 217 Hilo, Hawaii 96720-4221 Phone: (808) 935-7692 Fax: (808) 935-6126 E-mail: b[nishi@verizon.net July 12, 2005 Mr_ Christopher J_ Ytter~, [lirPrtor County of Hawaii f'larming Department 101 Yauaht Street, Sutte 3 Hilo, Hawaii 96720-3043 Subject: Change of Zone Application (REZ OS-007) Applicant: Craig & April Nakagawa Request: RS-15 to RS-10 TMK: (3) 2-4-9: 26 Dear Mr. Yuen: This is in response to comments forwarded by your office from the Deparment of Health regarding the subject application. The applicant has reviewed the comments and will comply with the wastewater rules in effect at the time of building permit application. Should you have any questions regazding this matter, please do not hesitate to contact me. Sincerely, ~v Brian'I'. Nishimura, Planning Consultant ,~s - c. Mr. Aaron [Deno, District Enviromnental Health Program Chief,'Srk2~ta, of Hawaii, Department of Health EXHIBIT 3.9 . M.k:.; B ; cy BRIAN T. NISHIMURA, PLANNING CONSULTANT l01 Aupuni Street, Suite 217 Hilo, Hawaii 96720-4221 Phone: (808) 935-7692 Fax: (808) 935-6126 Eanail: btnishi@verizon.ne[ July 1?-, 2005 MAr. Christopher!. YR.ten, 1?;re~•to= County of Hawaii Planning Department IU1 Pauahi Street, Sutte 3 Hilo, Hawaii 96720-3043 Subject: Change of Zone Application (REZ OS-007) Applicant: Craig & April Nakagawa Request: RS-IS to RS-10 TMK: (3) 2-4-9: 26 Dear Mr. Yuen: This is in response to comments forwarded by your office from the Department of Public Works regarding the subject application. The applicant has reviewed the comments and will comply with all stated requirements. Should you have any questions regarding this matter, please do not hesitate to contact me. Sincerely, Brian T. Nishimura, Planning Consultant a Mr. Galen M. Kuba, Division Chief, Engineering Division, County of Hawaii, Department of Public Works BRIAN T. NISHIMURA, PLANNING CONSUL'I'AN'C 101 Aupuni Street, Suite 217 Hilo, Hawaii 96720-4221 Phone: (808) 935-7692 Fax: (S08} 935-6126 E-mail: btnishi@verizon.net .lnlp 12, 2005 A4r. t'hristopher 7 Yn~n; E?ir~°rtor County of Hawaii Planning Department LO1 Pauaht Street, Suite S Hilo, Hawaii 96720-3043 Subject: Change of Zone Application (REZ OS-007) Applicant: Craig & April Nakagawa Request: RS-15 to RS-10 TMK: (3) 2-4-9: 26 Dear Mr. Yuen: This is in response to comments from the Deparhnent of Water Supply regarding the subject application. The applicant has reviewed the comments and will comply with all stated requirements. Please be advised that the applicants submitted a check for $150.00 to the Department of Water Supply on July 6, 2005, for the water commitment deposit. Should you have any questions regarding this matter, please do not hesitate to contact me. Sincerely, Brian T. Nishimura, Planning Consultant c. Mr. Milton D. Pavao, Manager, County of Hawaii, Department of Water Supply RNakagawaREZ. doc-7R0/OS COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION CRAIG K. AND APRIL H. NAKAGAWA CHANGE OF ZONE APPLICATION (REZ OS-00'n Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation of the Change of Zone request be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Planning Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicants are requesting a change of zone from Single-Family Residential - 15,000 square feet (RS-15) to Single-Family Residential - 10,000 square feet (RS-] 0) to subdivide the property into two lots. One lot will be approximately 10,032 squaze feet in size and will retain the existing single-family dwelling. "fhe second lot will consist of approximately 17,192 square feet. Two new dwellings are proposed to be constructed on the second lot. The applicants propose to apply for an Ohana Permit for the two new dwellings. All three dwellings will be utilized as rental mots. The estimated cost of the project is $300,000. In order to consider an azea 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 Change of Zone request from aSingle-Family Residential 15,000 square foot (RS-15) to aSingle-Family Residential - 10,000 square foot (RS-10) district conforms to the goals, policies and standards of the General Plan Economic and Land Use Elements. 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, standazds 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 goals, policies and standards aze set forth to physically plan the lands in the County in the best interest of the island's residents. Land Use is one of the principal focal points of public concern and policy. The Land Use Element provides the primazy basis for direct control and guidance of publicly and privately owned resources. The requested change of zone conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map. The Land Llse Pattern Allocation Guide (LUPAG;I Map component of the General Plan is a representation of the document's goals and policies 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 property i s designated Low Density Urban, which reflects uses single-family residential in chazacter. The Land Study Bureau's Soil Rating and the ALISH Map identify the area as Unclassified. The property is a triangular, approximately 27,224 square foot improved property on the east side of Malkai Street. There is a 73-year old single-family dwelling on the site. The area is predominantly single family residential in chazacter. Surrounding properties aze zoned RS-15 to the north, west and south, and RS-10 to the east. Further south of the site on the corner of Maikai and Kinoole Streets are properties zoned CN-10, site of the former Food Fair Supermazket complex. Within mile of the site, there aze various commercial uses including restaurants, shopping centers, churches, schools and convenience stores. The State Land Use designation for the subject property is Urban. The proposed change of zone would complement the existing land uses in this area and will provide for an orderly development of the azea. The applicants intend to apply for an Ohana Permit to construct two new dwellings on the second lot. Should this request be approved, the applicants may apply for an Ohana Dwelling Permit, allowing the construction of a second dwelling unit as a -2- separate or attached unit on both lots. Because this request would allow the existing parcel to be subdivided and subsequently allow the creation of a second lot, an additional dwelling may be constructed, doubling the existing density of the area. Although the Planning Director supports this rezoning request to allow atwo-lot subdivision with one home on one lot, the potential to allow four (4) homes may contribute to a cumulative burden on the existing infrastructure which cannot be supported. Therefore, a condition will be included in the change of zone ordinance to prohibit a second dwelling unit and a Condominium Property Regime on each lot. All utilities and services are available to the site. County water is available to the site. The applicants propose to use a septic system, meeting with the approval of the State Department of Health. Solid waste will he disposed at appropriate sites designated by the Department of Environmental Management. Electricity and telephone services are available to the site. The closest fire station is located on Kawailani Street approximately one mile from the site. The police station is located approximately two miles from the property. Public schools aze located within one mile of the site. Access is proposed from Maikai Street, an approximately 40-foot wide County road. The property has no severe geological or topographical problems which cannot be rectified or which would render the land unusable. The project site is located within Zone "X", azea determined to be outside the 500-yeaz floodplain. All development generated storm run-off shall be disposed of on-site and not allowed onto adjacent properties or roadways. The property has been developed for single-family residential use since 1932, thus no formal azchaeological study was conducted. The property has been extensively landscaped with a lawn and ornamental species. The applicants state that there is no habitat that would appear valuable for native tenestrial or aquatic species. By letter dated March 8, 2005, the applicants have requested a "no effect" letter from the State Department of Land and Natural Resources Historic Preservation Division (DLNR- HPD). In a memo dated May 11, 2005, the DLNR-HPD has stated that "residential development/urbanization has altered the land; home on property is considered an [sic] -3- historic property as it is over 50 years old, but proposed action does not pose any potential adverse effect. No historic properties will be affected by this undertaking." No professional flora or fauna surveys were conducted of the site, as the property has been developed for single-family residential use since 1932. The property is located in an urban setting in an area dominated by single-family residential uses. The applicants do not believe that rare or endangered floral or faunal resources are on the site. 7'he site or general azea is not known to be a habitat for any rare or endangered animal life. Given the disturbed and urban nature of the surrounding area, the presence of any endangered animal life is remote. The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not located in the Special Management Area. The project site is located more than two miles from the shoreline and will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access to the shoreline or mountain azeas that traverses the property. According to the applicants, no valued cultural, historical or natural resources exist on the property and there is no evidence of any traditional and customazy Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the azea. Therefore, no action is necessazy to protect these rights. In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka'Aina"decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: Investigation of valued resources: No formal archaeological reconnaissance survey, oral history of kamaaina accounts of the area, historical survey of documentary records, botanical and/or fauna study was submitted. The valuable cultural, historical, and natural resources found in the rezoning area: The property is improved with a 73-yeaz old single-family dwelling. The property has been extensively landscaped with a lawn and ornamental species. The applicants state that there is no habitat that would appeaz valuable for native terrestrial or aquatic species. -4- By memo dated May 11, 2005, the DLNR-HPD has stated that no historic properties will be affected by this undertaking. Possible adverse effect or impairment of valued resources: Native plants could be destroyed by construction and ground alteration. The property does not abut the shoreline, therefore Hawaiian gathering and fishing rights is not an issue. Feasible actions to protect native Hawaiian rights: Conditions of approval will be included to require the applicants to notify the DLNR-HPD should any unidentified sites or remains be encountered, and proceed only upon an archaeological cleazance from the DLNR-HPD. The applicants have stated that there is no evidence of any traditional and customary Native Hawaiians rights being practiced on the site, nor existence of any known valued cultural, historical or native resources in the area. Thus, it is believed that the project would have no adverse impact relative to the cultural and historical resources of the area. To the extent to which traditional and customary Native Hawaiian rights aze exercised, the proposed action will not affect traditional Hawaiian rights and no action is necessary to protect these rights. Based on the above findings, approval of this change of zone request from Single-Family Residential - 15,000 square feet (RS-15) to Single-Family Residential 10,000 -square feet (RS-10) would result in an 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), Chapter 25 (Zoning Code) of the Hawaii County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -5- CNakagawaREZ.doc-720/05 CRAIG K. AND APRIL H. NAKAGAWA CHANGE OF ZONE APPLICATION (REZ OS-007) CONDITIONS OF APPROVAL A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Prior to the issuance of a water commitment by the Department of Water Supply, the applicant shall submit the anticipated maximum daily water usage calculations as recommended by a registered engineer, and a water commitment deposit in accordance with the "Water Commitment Guidelines Policy" to the Department of Water Supply within ninety (90) days form the effective date of this ordinance. C. Final Subdivision Approval shall be secured within five (5) years from the effective date of this ordinance. D. All driveway connections to Maikai Street shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. E. Install street lights, signs and markings, meeting with the approval of the Department of Public Works Traffic Division. F. Restrictive covenants in the deeds of all the proposed lots shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owners of the property may also impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State of Hawaii Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. G. All development generated runoff shall be disposed of on site and not be directed towazd any adjacent properties. A drainage study shall be prepared and submitted to the Department of Public Works concurrently with the submission of preliminary subdivision plans. Any drainage improvements shall be constructed, meeting with the approval of the Department of Public Works. H. The method of sewage disposal shall meet with the requirements of the State Department of Health. I. 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 - State Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological cleazance from DLNR- HPD when it finds that sufficient mitigation measures have been taken. J. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria fr~r imposition of exactions or the assessment of impact fees, conditions included herein shall he credited towards the requirements of the Unified Impact Fees Ordinance. K. The applicant shall make its fair shaze contribution to mitigate the potential regional impacts of the project with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair shaze contribution shall be initially based on the representations contained within the change of zone application and may be increased or reduced proportionally if the lot counts aze adjusted. The fair share contribution shall become due and payable prior to final subdivision approval of any portion of the subject property or within five (5) years from the effective date of this change of zone ordinance, whichever occurs first. The fair shaze contribution for each lot shall be based on a maximum density for each lot as determined by the zoning resulting from this change of zone. The fair shaze contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three yeazs after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution for the additional lot shall have a maximum combined -2- value of $9,991.20 per single-family residential unit. The fair shaze contribution per single-family residential unit shall be allocated as follows: 1. $4,817.93 per single-family residential unit for an indicated total of $4,817.93 to the County to support park and recreational improvements and facilities; 2. $232.42 per single-family residential unit for an indicated total of $232.42 to the County to support police facilities; 3. $459.06 per single-family residential unit for an indicated total of $459.06 to the County to support fire facilities; 4. $200.98 per single-family residential unit for an indicated total of $200.98 to the County to support solid waste facilities; 5. $4,280.82 per single-family residential unit for an indicated total of $4,280.82 to the State or County to support road and traffic improvements; 1n lieu of paying the fair share contribution, the applicant may contribute land and/or construct improvements/facilities related to pazks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. L. Comply with all applicable County, State and Federal laws, rules and regulations. and requirements. M. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of enactment of the ordinance. The report shall include, but not be limited to, the status of the development and the extent to which the conditions of approval have been satisfied. This condition shall remain in effect until all of the conditions of approval have been satisfied and the Planning Director acknowledges that further reports are not required. N. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following -3- circumstances: l . The non-performance is the result of conditions that could not have been foreseen or aze beyond the control of the applicant, successors or assigns, and that aze 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). 5. If the applicant(s) should require an additional extension of time, the Planning Department shall submit the applicant's request to the County Council for appropriate action. 3houid any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the azea to its original or rraore appropriate designation. -4- COUNTY OF HAWAI`~, STATE OF HAWAII _ ~ ~ BILL 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 COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS-15) TO SINGLE FAMILY RESIDENTIAL (RS-10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-4-9:26. 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 Waiakea, South Hilo, Hawaii, shall be Single Family Residential (RS-10): Beginning at the southeast corner of this parcel of land, being also the northeast comer of Lot 25, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALM", being 9,103.72 feet South and 8,997.53 feet East, thence running by azimuths measured clockwise from true South: 1. 85° 40' 220.00 feet along Lot 25; 2. 175° 40' 231.77 feet along Maikai Street; 3. 310" 11' 311.34 feet along Grant 12,089 to Matsushige and Masako Janado; 4. 355" 40' 13.49 feet along Grant 8211 to John Gabeler to the point of beginning and containing an area of 27,224 Square Feet. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. -1- SECTION 2. In accordance with Section 25-2-44, Hawaii County Code, the County Council finds the following conditions are: (1) Necessary to prevent circumstances which maybe adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of lst Reading: Date of 2nd Reading: Effective Date: -2- RD-3.75 RD-3.75 RD-3.75 RS-10 RS-f0 - RS f0 RS-f0 ua7na o E Puainako St R9r15 RS-1$ R5~15 ~ RSdS ~ N l RS-f0 RSdO i _ 1 - 1 ~ _ w f - - - o CN110 _ z ~ - - - ~ - _ v _ ~ ,C _ _ 1L41Q~' RS-f0 - I 1 _ RS-15 - _ 1 _ - - - - ' INGL -FAMILY ' R9~-f0 ~E RS-f0 ~ _ _ SINGL •FAMILY ~ Rs-15 ~ RE IDEN IAL RS•10 ~ -.-.r - _ ~ - ~ RS-f0 - ~ ~T. 1O ! N i _ _ _ CN-f0 RS1I15 5 ~ - - ; ~ - t ° Q RS-15 _ 9,103.71 S ~ d Y ~ I _ m ~~4~ e ~ - _ - - _ - - _ I ~ . ~~a~ I.. _ _ _ - "H LAI"f~ ~ 1 - r RS-15 - - ° T , RS- 0 RS-10 RS-15 I__- R`_._ - C - - - - - - ~ S-f0 'll - _ - 7 - o RS-15 ~ CN-f0 - - _ - ~ - _ - - -I_ i U - - - i _ - - - RS-f0 ' i~-15 CN-f0 - - - CN-f0 RS~10 CN-f0 i $t a ai ea ' i RS-15 RS-10 RS-f0 RS=ig-- RS-f0 380 190 0 380 760 1140 1520 1970 QP.7 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 SINGLE-FAMILY RESIDENTIAL (RS-15) TO SINGLE-FAMILY RESIDENTIAL (RS-10) AT WAIAKEA, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII MK: 2-4-009:026 Date: May 25, 200 EXHIBIT °A° (Craig K 8 April H Nakagawa:1165)