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Home My WebLink AboutCOM 0086.000 2006-2008 ~tv or py,_ Harry Kim ~ . ~'V:'~ Dixie Kaetsu Mnyor Managing Director ' Barbara Koslow ~h~or e~'M Depury Managing Director County of Hawaii 25 Aupuni Street, Room 215 Hilo, Hawaii 96720-4252 (808) 9618211 Fax (808) 9616553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808) 3295226 • Fax (808) 3265663 January 8, 2007 r., i.. ~ rx> -J r Honorable Pete Hoffrnann, Chairman ~7 and Members of the County Council ~ : ' County of Hawaii - cn 333 Kilauea Avenue, 2"d Floor Hilo, HI 96720 Dear Chairman Hoffmann and Members: ' Mate Land Use Boundary Amendment Application (SLU 06-000012) m Request: Agricultural to Urban Change of Zone Application (REZ 06-000045) Request: A-3a to RA-.Sa Applicant: Glenn T. Nakamura Tax Map Key: 2-2-56:23 Change of Zone Application (REZ 06-000051) Applicant: Hawaii Island Veteran's Memorial, Inc. Request: O to RM-1 Tax Map Key: 2-4-57:portion of 1 Change of Zone Application (REZ 06-000049) Applicant: Bruce A. Hansen Request: RS-10 to ML-20 Tax Map Key: 2-2-35:58 Change of Zone Application (REZ 06-000050) Applicant: Scott Olin Request: A-20a to A-l0a Tax Map Key: 7-3-26:17 o~Li ~ Comm. No. Ref. To: Ref. Date JAN 0 9 20D7 Honorable Pete Hoffmann, Chairman and Members of the County Council Page 2 January 8, 2007 Planning Director Initiated Amendment to Chapter 25 (Zoning) Hawaii County Code 1983 (2005 Edition) As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Chazter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regazding the above-referenced requests. Sind Harry Kim S/ Mayor Enclosures cc: Planning Department tr or l_.... County of Hawaii PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 • Fax (808) 961-8742 December 19, 2006 Pete Hoffinann, Chairman and Members of the County Council County of Hawaii 333 Kilauea Avenue, 2nd Floor Hilo, HI 96720 Dear Chairman Hoffinann and Council Members: State Land Use Boundary Amendment Application (SLU 06-000012) Request: Agricultural to Urban Change of Zone Application (REZ 06-000045) Request: A-3a to RA-.Sa Applicant: Glenn T. Nakamura Tax Man Key: 2-2-56:23 The Planning Commission, after a duly held public hearing on December 1, 2006, voted to recommend for your approval the proposed legislative bills to change the State Land Use district from Agricultural to Urban and the district classification from Agricultural 3-acre (A-3a) to Residential and Agricultural .5-acre (RA-.Sa) for 2.649 acres of land. The property is located on the west side of Awa Street, approximately 400 feet north of the Mamaki Street-Awa Street intersection, Panaewa House Lots 2nd Series, Waiakea, South Hilo, Hawaii. The Commission concurs with the following findings as recommended by the Planning Director: State Land Use Boundary Amendment The approval of the reclassification from the State Land Use Agricultural to the Urban District for approximately 2.649 acres will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will the reclassification actions be inconsistent with the Hawaii Land Use Commission Rules, the Hawaii State Plan and the County General Plan. The applicant is also requesting a concurrent change of zone from Agricultural 3-acres (A-3a) to Residential and Agricultural .5-acre (RA-.Sa) for 2.649 Hawaii County is an Equal Opportunity Provider and Employer Pete Hoffinann, Chairman and Members of the County Council Page 2 acres. The applicant intends to subdivide the property into three lots approximately 38,000-squaze feet in size. The estimated cost of the project is $50,000. According to the Hawaii Land Use Commission Rules, one of the standazds for considering an area for urban reclassification states that "In determining urban growth for the next ten yeazs, or in amending the boundary, lands contiguous with existing urban areas shall be given more consideration than non-contiguous lands, and particulazly when indicated for future urban use on State or County General Plans." The request confonns to this standazd as it abuts existing Urban-designated lands to the north. This azea was reclassified into the Urban District during the 1969 Boundary Review. The reclassification action would also complement the goals, objectives and/or policies articulated in the Hawaii State Plan by encouraging urban growth primarily to existing urban areas where adequate public facilities are already available. The request also conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map which designates the area as Low Density Urban. The LUPAG Map component of the General Plan is a representation of the document's goals, policies, standazds and courses of action. It is also a graphic depiction of the physical relationship between the various land uses. The LUPAG Map establishes the basic urban and non- urban form for azeas within the County. The area under consideration is consistent with the urban form established for this area. The request conforms to the Economic and Land Use goals and policies of the General Plan. The urban classification also conforms to the standard that the development is within reasonable proximity to centers of trading and employment and to basic services such as schools, police and fire protection, transportation systems and water. The property is located neaz commercial shopping centers, residential developments and public service facilities, and thereby conforms with the Land Use Commission Rules which encourages urban developments in close proximity to existing services and facilities. Access is from Awa Street, a County roadway with a 50-foot wide right-of--way with a 20-foot wide pavement and 6-foot wide grass shoulders. Emergency services aze available in Hilo. Utilities are or will be made available to the site. The two additional pazcels will utilize individual wastewater systems meeting with the requirements of the Department of Health. The property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U.S. Corps of Engineers Flood Insurance Rate Map (FIRM) designates the property as Zone "X", areas outside the 500-year flood plain. The property is located approximately 4.5 miles from the coastline and is relatively level. There are no existing drainageways or improvements in the vicinity of the property. All project generated runoff will be disposed of on-site, so as not Pete Hoffrnann, Chairman and Members of the County Council Page 3 to impact properties makai of the site. Thus, the reclassification meets with the standard which states that the lands included within the urban district shall be those with satisfactory topography and drainage and reasonably free from the danger of floods, tsunami and unstable soil conditions and other adverse environmental effects." Urban Districts shall include lands chazacterized by "city-like" concentrations of people, structures, streets, urban level of services and other related land uses. Surrounding properties aze zoned A-3a and includes a mix ofsingle-family dwellings, agriculture uses, or vacant land. The State Land Use Urban designated area, site of the Panaewa Farm Lots 15` Series, is located immediately north of and adjacent to the property. Thus, as urban uses already exist in the immediate area, the urbanization of the subject property will not contribute towards scattered urban development. While the subject property is within the State Land Use Agricultural and County's Agricultural (A-3a) zoned district, it is not cunrently being used for active agricultural purposes. While the property is within the State Land Use Agricultural and County's Agricultural (A-3a) zoned district, the property is not currently being used for active agricultural purposes. There is an existing 40-yeaz old single-family dwelling situated on the front portion of the property. The remaining portion of the property is vacant. The applicant states that due to extensive prior disturbance of the site, "it is highly unlikely that any archaeological, cultural or historic sites aze present on the property." By letter dated July 13, 2006, the applicant requested a "no effect" letter from the State Department of Land and Natural Resources Historic Preservation Division (HPD). In a letter dated September 15, 2006, the DLNR-HPD has stated that "no historic properties will be affected by this undertaking because 1) residential development/urbanization has altered the land; 2) previous grubbing/gradinghas altered the land; 3) we have no record of historic properties in this azea, and our files indicate that the azea has been developed for residential use that has modified the landscape." The property is unclassified by the State of Hawaii ALISH Map and the Land Use Study Bureau's Overall Master Productivity Rating. Given the soil characteristics ofthe property, the potential for intensive agricultural uses is unlikely. Therefore, the reclassification of this 2.649-acre azea from the Agricultural to the Urban designation will not be detrimental to the reduction of this area from the agricultural land inventory in the County of Hawaii. Based on the above, the approval of the State Land Use Boundary Amendment from Agricultural to the Urban District complements the State Land Use District Regulations and is supportive of the State of Hawaii Plan and the General Plan. Therefore, the Plazming Director recommends a favorable consideration of the State Land Use Boundary Amendment. The accompanying draft bill to amend the State Land Use Boundaries Map for the County of Hawaii is included for your review and approval. Pete Hoffinann, Chairman and Members of the County Council Page 4 Change of Zone The applicant is requesting a Change of Zone from Agricultural 3-acre (A-3a) to Residential and Agricultural .5-acre (RA-.Sa) for approximately 2.649 acres of land to subdivide the property into three lots approximately 38,000 square feet in size. The applicant and his two sisters inherited the property from their parents. The proposed request will allow the family to create three separate parcels which will then be conveyed to family members. The applicant has submitted a concurrent request for a State Land Use District Boundary Amendment from an Agricultural to an Urban district. 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 be also considered as they may have an impact on similar areas in the County. The Change of Zone request from A-3a to RA-.Sa will conform to, among others, 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. The overall goals, policies and standazds 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 primary basis for direct control and guidance of publicly and privately owned resources. The request conforms to the policy of the Land Use element of the General Plan which state, "zone urban type uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities." The Land Use Pattern Allocation Guide (LUPAG) Map component of the Genera] 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 subject azea is designated Low Density Urban. This designation includes residential, ancillary community and public uses, and neighborhood and convenience-type commercial uses. There is an existing 40-year old single-family dwelling situated on the front portion of the property. The remaining portion of the property is vacant. The property is one oftwenty-five lots approved under Subdivision No. 2083 (Panaewa Farm Lots 2"a Series) on February 19, 1964. As the property is developed, no agricultural activities are currently being conducted on the site. The Federal Emergency Management Agency Pete Hoffmann, Chairman and Members of the County Council Page 5 Flood Insurance Rate Map (FIRM) designates the property as Zone "X", an area determined to be outside of the 500-yeaz flood plain. The property is unclassified by the Agricultural Lands of Importance to the State of Hawaii (ALISH) System and the Land Study Bureau. While the potential for agricultural uses may exist, the soil conditions within the property and surrounding azea would preclude such agricultural activities from being conducted on the site. Surrounding properties are zoned A-3a and includes a mix ofsingle-family dwellings, agriculture uses, and vacant land. Panaewa Farm Lots ls~ Series approved under Subdivision No. 1091 on February 11, 1957, is located adjacent to and immediately north of the subject site. This area was reclassified into the Urban District during the 1969 Boundary Review. Access to the property will be from Awa Street, a County road with a 50-foot wide right-of--way with a 20-foot wide pavement and 6-foot wide grass. County water is available to the site. As there is no municipal sewer system in the area, any additional structures will utilize individual wastewater systems approved by the State Department of Health. All essential utilities are available to the site. Police, fire and emergency facilities are located in Hilo. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is not situated within the Special Management Area. It is located approximately 4.5 miles from the neazest coastline and therefore, will not be impacted by coastal hazazd and beach erosion. There are no identified recreational resources, historic resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the azea. Thus, the proposed request and use of the property will not adversely impact those resources. Because the property is developed, it is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject property, nor has the azea been identified as a significant botanical or biological habitat. Presently, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of known valued cultural, historical or native resources in the area. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Based on the above findings, the approval of the Change of Zone request from an Agricultural 3-acre (A-3a) to a Residential and Agricultural .5-acre (RA-.Sa) zoned district would result in an appropriate land use pattern that will further benefit the public. Pete Hoffmann, Chairman and Members of the County Council Page 6 The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map) of Chapter 25, Zoning Code, of the Hawaii County Code 1983 (2005 Edition), is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. We are enclosing a copy of the staff background and recommendation reports for your information. Sincerel C. Kimo ameda, Chairman Planning Commission Lnakamura02.PC Enclosures cc: Mr. Brian Nishimura Mr. Glenn Nakamura Department of Water Supply Department of Public Works Rodney Haraga/DOT-Highways, Honolulu State Land Use Commission Lincoln Ashida, Esq., Corporation Counsel BNaknmutaSLUREZ.doc-10/9/06 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT GLENN T. NAKAMURA STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 06-000012) CHANGE OF ZONE APPLICATION (REZ 06-0000451 GLENN T. NAI{AMU~iA has submitted applications for a State Land Use Boundary Amendment from Agricultural to Urban and a Change of Zone from Agricultural 3-acre (A-3a) to Residential and Agricultural .5-acre (RA-.Sa) for approximately 2.649 acres of land. The property is located on the west side of Awa Street, approximately 400 feet north of the Mamaki Street-Awa Street intersection, Panaewa House Lots 2"° Series, Waiakea, South Hilo, Hawaii, TMK: 2-2-56: 23. PROPOSED ACTION 1. Request: State Land Use Boundazy Amendment from Agricultural to Urban and a Change of Zone from A-3a to RA-.Sato subdivide the property into three residential and agricultural lots approximately 38,000 squaze feet in size. (Exhibit 1-State Land Use Boundary Amendment and Change of Zone applications) 2. Reasons for the Request: The applicant and his two sisters inherited the property from their pazents. The proposed request will allow the family to create three separate pazcels which will then be conveyed to family members. 3. Cost: The proposed subdivision is estimated to cost approximately $50,000. 4. Landowners: Glenn T. Nakamura, Trust, Gail Y. Nakamura, Ellen Y. Wong. STATE AND COUNTY PLANS 5. State Land Use Designation: Agricultural. 6. GP LUPAG Map: Low Density Urban. 7. County Zoning: Agricultural 3-acre (A-3a). 8. Community Development Plan: The Hilo Community Development Plan adopted by Planning Commission Resolution No. 1 on May 21, 1975 identifies the azea as A-3a. 9. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawaii lies within the Coastal Zone Management Area. Attach: Cortm. 86 Bills 24 and 25 10. Special Management Area (SMA): The Special Management Area is a part of the Coastal Zone Management Program and regulated by the County. The property is not located in the Special Management Area. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 11. Subject Property: The property is an approximately 2.649-acre rectangular shaped lot on the west side of Awa Street. There is an existing 40-year old single-family dwelling situated on the front portion of the property. The remaining portion of the property is vacant. The property is one of twenty-five lots approved under Subdivision No. 2083 (Panaewa Farm Lots 2°d Series) on February 19, 1964. 12. Surrounding Zoning/Land Uses: Surrounding properties are zoned A-3a and includes a mix of single-family dwellings, agriculture uses, or vacant land. Panaewa Farm Lots 1~` Series approved under Subdivision No. 1091 on February 11, 1957, is located adjacent to and immediately north of the subject site. This area was reclassified into the Urban District during the 1969 Boundary Review. 13. ALISH: Unclassified. 14. Land Study Bureau's Detailed Land Classification System: Unclassified. 15. U.S. Soil Survey: Papai Series, consisting of well-drained, thin, extremely stony organic soils over Aa lava. This soil has severe limitations that make them unsuited for cultivation and restricts the use lazgely to pasture or range, woodland or wildlife. 16. FIItM: Zone "X", area determined to be outside the 500-yeaz flood plain. 17. Flora/Fauna Resources: No formal flora/fauna study was submitted, as the site has been grubbed and graded and used for residential and agricultural purposes since 1966. Approximately 2/3 of the property was previously grubbed and is now limited to weeds and grass. The remaining 1/3 or the property has been developed with asingle-family dwelling, storage building and landscaping. There aze ohia trees in a small section of to the property. The applicant states that "no rare or threatened or endangered plant or animal species are present or anticipated, and no adverse effects to any valued ecosystem are expected from the proposed project." 18. Archaeological Resources: The applicant states that due to extensive prior disturbance of the site, "it is highly unlikely that any azchaeological, cultural or historic sites are present on the property." By letter dated July 13, 2006, the applicant requested a "no -2- effect" letter from the State Department of Land and Natural Resources Historic Preservation Division (DLNR-HPD). In a letter dated September 15, 2006, the DLNR- HPD has stated that "no historic properties will be affected by this undertaking because 1) residential development/urbanization has altered the land; Z) previous grubbing/grading has altered the land; 3) we have no record of historic properties in this area, and our files indicate that the area has been developed for residential use that has modified the landscape." 19. Cultural or Native Gathering Rights: The property is developed with asingle-family dwelling, and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. 20. Public Access: None that traverses the property. 21. Traffic: The applicant states that "the creation of two additional parcels within the Panaewa Residential Lots Subdivision is not anticipated to have an adverse impact on traffic conditions in the area." PUBLIC UTILITIES AND SERVICES 22. Access: Access to the site is from Awa Street, a County road with a 50-foot wide right- of-way with a 20-foot wide pavement and 6-foot wide grass shoulders. 23. Water: County water is available to the site. 24. Wastewater: The two additional parcels will utilize individual wastewater systems meeting the approval of the Department of Health. 25. Solid Waste: There is no municipal collection system for solid waste in the County. All waste generated by the proposed project will be disposed at appropriate sites designated by the Department of Environmental Management. 26. Essential Utilities and Services: The property is served by electrical and telephone lines along Awa Street. AGENCIES' COMMENTS 27. Department of Public Works: Exhibit 2 -August 30, 2006 memo 28. Department of Water Supply: Exhibit 3 -September 7, 2006 memo 29. Police Department: Exhibit 4 -August 21, 2006 memo 30. Fire Department: Exhibit 5 -August 21, 2006 memo 31. Department of Environmental Management: Exhibit 6 -August 14, 2006 memo -3- 32. Office of Rousing and Community Development: Exhibit 7 -September 11, 2006 memo 33. Department of Land and Natural Resources Historic Preservation Division: Exhibit 8 - September 15, 2006 memo 34. Health Department: Exhibit 9 -August 17, 2006 memo 35. State Land Use Commission: Exhibit 10 -August 15, 2006 memo AGENCIES AND ORGANIZATIONS - NO RESPONSES 36. Department of Land and Natural Resources Land Division, Department of Transportation APPLICANT'S RESPONSE TO AGENCIES' COMMENTS 37. Exhibit 11-June 26, 2006 letter PUBLIC COMMENTS 38. None as of this writing. -4- -aw rww~r~r~r~rrr. _ _ 20d6 Ji~w 2~ Ff i 7 ~?8 ~ ~ ST.j4ThTLAND USE BOUNDARY AMENDMENT APPLICATION 'w'' ~ ~ (15 ACRES OR LESS) COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) PETITIONER: Glenn T. Nakamura PETITIONER'S SIGNATURE: '2~-. 7 ~ DATE: 7/10/06 ADDRESS: 450 Noe Street Hilo, Hawaii 96720 Joint owner with sisters: PETITIONER'S INTEREST IF NOT OWNER: Ellen Y. Wong & Gail Y. Nakamura TELEPHONE:(BusJ (Res.) (808) 961-5485 (Fax) LANDOWNER(S): Glenn T. Nal~amura, Trust; E11en Y. Wong; Gail Y. Nakamura LANDOWNER SIGNATURE(S); `rC z~ ' ~j ~ DATyE ~ "~~w r',Lj (Maybeb etter) ADDRESS: ; ~ /J c/o Glenn T. Nakamura 450 Noe Street Hilo, Hawaii 96720 TAX MAP KEY: (3) 2-2-56: 23 STREET ADDRESS OF PROPERTY: 510 Awa Street ZONING: Agricultural 3 acres SIZE OF PROPERTY: 2.649 acres CURRENT STATE LAND USE DISTRICT CLASSIFICATION: Agriculture REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Urban AGENT: Brian T. Nishimura, Planning Consultant ADDRESS: 101 Aupuni St., Ste. 217 Hilo, Hawaii 96720 TELEPHONE:(Bus.) (808) 935-7692 (Res.) (808) 935-7486 (Fax) (808) 935-6126 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Applicant COPIES: Agent (See Instructions on Reverse Side) EXHIBIT CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Glenn T. Nakamura ) APPLICANT'S SIGNATURE: ~~Nc~~T~~~~~ DATE: 7/10/06 ADDRESS: 50 Noe Street Hilo, Hawaii 96720 Joint owner with sisters: LIST APPLICANT'S INTEREST IF NOT OWNER: Ellen Y. Wong ~ Gail Y. Nakamura LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (Res.) (808) 961-5485 (Fax) LANDOWNER(S): Glenn T. Nak/amura, Trust; El~.l~en Y. Wong; Gail Y. Nakamura LANDOWNER SIGNATURE(S,).;_;~"~'~~-- ~~~~~Y'-~R~?'•I1a,~r'®DATE~~ ~r~-''~ (May be by letter) LANDOWNER(S) ADDRESS: n c/o Glenn T. Nakamura 50 Noe Street Hilo, Hawaii 96720 REQUEST: Agricultural 3-acres TO Residential and Agricultural one-half (Existing zoning) (Proposed Zoning) a c r e TAX MAP KEY: (3) 2-2-56: 23 STREET ADDRESS OF PROPERTY: 510 Awa street Hilo, Hawaii 96720 SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 2 .649 acres AGENT: Brian T. Nishimura, Planning Consultant ADDRESS: 101 Aupuni St., Ste. 217 Hilo, Hawaii 96720 TELEPHONE:(Bus.) (808) 935-7692 (Res.) (808) 935-7486 (Fax) (808) 935-6126 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Applicant COPIES: Anent ATTACHMENT Residential Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1• If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? yes if yes, please answer the rest of question 1 and then to question 3. a• How many acres of the requested area do you intend to subdivide? 2.649 b. Into what lot sizes? Approx. 38,000 s.f. 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? w/in 2 months d. Do you intend to build houses on the newly created lots? No if yes, please answer the following questions: on how many of those lots? At what approximate price range? House Lots Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of none 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 b. Sell or lease the land to someone who has tentative plans? Sell or lease the land to someone who has ne plans? d. Keep it? e. other (please state) f• If you intend to do either a, b, or c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do xou think that your request and your further plans for the land will alleviate the local housing situation? How? 9. Are there any buildings on the subject area? Yes If so, what kind? Single family dwelling & shed what do you intend to do with those buildings if your request is approved? No change -2- S• 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. 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? Yes 8• What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? a. Schools X b. Roads X c, Sewer X d. Drainage X e, police Protection X -3- Ye s I~1n f. Fire Protection % g, Recreational Facilities X h. Public Utilities X i_ other % For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. Signature: Address: 450 Noe Street Hilo, HI. 96720 Telephone: (808) 961-5485 Date: 7/10/06 6337A/SOA -9- STATE LAND U5E DISTRICT BOUNDARY AMENDMENT (fifteen acres or less) AND CHANGE OF ZONE APPLICATION BACKGROUND AND COUNTY ENVIRONMENTAL REPORT APPLICANT: Glenn T. Nakamura REQUEST: State Land Use Agriculture to Urban, Agricultural 3-acres (A-3a) to Residential and Agricultural one-half acre (RA ~Sa) TAX MAP KEY: (3) 2-2-56: 23 A) SUBJECT REQUEST I) Details of the Proposed Development: a) Project description: The applicant is requesting a State Land Use District Boundary amendment and Change of Zone for approximately 2.649 acres of land. The State Land Use District Boundary amendment request is from the Agricultural to the Urban district and the Change of Zone is from Agricultural three-acres (A-3a) to a Residential and Agricultural one-half acre (RA-.Sa) zoned district. The property is located on the west side of Awa Street, approximately 400 feet north of the Mamaki Street-Awa Street intersection, Panaewa House Lots 2na Series, Waiakea, South Hilo, Island of Hawaii and idenrified as Tax Map Key: The applicant is proposing to subdivide the subject property into three residential and agricultural lots. The existing dwelling on the property will retain the existing driveway on the north side of the property and the two additional parcels will utilize a shared access on the south side of the property. Each pazcel will have an area of approximately 38,000 squaze feet. b) Statement of objectives and reasons for the request: The applicant and his two sisters inherited the subject property from their parents. The proposed boundary amendment and change of zone will allow the family to create three separate parcels which will then be conveyed to family members. c) Timeframe and cost: The applicant intends to submit a subdivision application immediately after receiving approval for the boundary amendment and change of zone application. The estimated cost of the proposed subdivision is approximately $50,000. Traffic impacts: The creation of two additional parcels within the Panaewa Residential Lots Subdivision is not anticipated to have an adverse impact on traffic conditions in the azea. B) CONFORMANCE WITH STATE/COUNTY PLANS 1) State Land Use designation: The subject property is situated within the State Land Use Agricultural district. The proposed State Land Use boundary amendment from the Agricultural to the Urban district is in conformance with the proposed use. The proposed reclassification conforms to the following standards for determining the Urban district boundaries: 1 • The project area is in close proximity to centers of trading and employment. • The project area is served by basic services including schools, pazks, solid waste disposal, drainage, water, transportation systems, public utilities and police and fire protection. • The project azea includes lands with satisfactory topography and drainage, is reasonably free from the danger of any flood, tsunami, unstable soil condition and other adverse environmental effects. • In determining urban growth for the next ten years, or in amending the boundazy, lands contiguous with existing urban azeas shall be given more consideration than non-contiguous lands, and particulazly when indicated for future urban use on State or County General Plans. The project area is in an appropriate location for new urban concentrations as evidenced by the County General Plan Land Use Pattern Allocation Guide (LUPAG) Map designation as Low Density Urban and the fact that the subject property is contiguous with existing Urban designated lands to the north. • Approval of the proposed reclassification will not result in spot urban development necessitating unreasonable investment in public infrastructure or support services. 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. Economic Element • Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. • Economic development and improvement shall be in balance with the physical, social and cultural environments of the island of Hawaii. • Strive for diversity and stability in its economic system. • Provide an economic environment that allows new, expanded, or improved economic opportunities that aze compatible with the County's cultural, natural and social enviromnent. 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. • Zone urban- and rural-types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. 2 • 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. Housine Element • Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. • Attain a diversity of socio-economic housing mix throughout the different parts of the County. • Maintain a housing supply that allows a variety of choices. 3) General Plan designation: The General Plan Land Use Pattern Allocation Guide (LUPAG) Map designation for this section of the South Hilo District is Low Density Urban. 4) Applicable goals/policies objectives and priority guidelines of the Hawaii State Plan: The proposed project is consistent with the following goals, policies, objectives and priority guidelines of the Hawaii State Plan. Goal (to achievel • A strong, viable economy, characterized by stability, diversity, and growth, that enables the fulfillment of the needs and expectations of Hawaii's present and future generations. • Physical, social, and economic well-being, for individuals and families in Hawaii, that nourishes a sense of community responsibility, of caring, and of participation in community life. Obiectives and Polices for Population • Promote increased opportunities for Hawaii's people to pursue their socio- economic aspirations throughout the islands. • Plan the development and availability of land and water resources in a coordinated manner so as to provide for the desired levels of growth in each geographic azea. Obiectives and Polices for Socio-Cultural Advancement--Housing • The orderly development of residential areas sensitive to community needs and other land uses. • Effectively accommodate the housing needs of Hawaii's people. • Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. Population Growth and Land Resources Priority Guidelines 3 • Priority guidelines for regional growth distribution and land resource utilization: • Encourage urban growth primarily to existing urban azeas where adequate public facilities aze already available or can be provided with reasonable public expenditures, and away from azeas where other important benefits are present, such as protection of important agricultural land or preservation of lifestyles. • Make available marginal or nonessential agricultural lands for appropriate urban uses while maintaining agricultural lands of importance in the agricultural district. • Utilize Hawaii's limited land resources wisely, providing adequate land to accommodate projected population and economic growth needs while ensuring the protection of the environment and the availability of the shoreline, conservation lands, and other limited resources for future generations. 5) Zoning: The zoning designation for the subject property is Agricultural three acres (A-3a). 6) Community Plans: The Hilo Community Development Plan, adopted by Planning Commission Resolution in 1975, depicts the azea as Agricultural - 3 acre (A-3a). 7) Special Management Area (SMA): The subject property is not situated within the SMA boundary. C. PHYSICAL CHARACTERISTICSANb ENVIRONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA 1) Description of the subject property: The property is located on the west side of Awa Street, approximately 400 feet north of the Mamaki Street-Awa Street intersection, Panaewa House Lots 2"d Series, Waiakea, South Hilo, Island of Hawaii and identified as Tax Map Key: (3) 2-2-56: 23. 'There is an existing single family dwelling situated on the front portion of the subject property which was constructed in 1966. While the applicant's parents were residing on the property, the rear portion of the property was utilized for raising anthuriums for personal use. The reaz of the property has since been cleazed and leveled. 2) Lava Hazard Zone: The volcanic hazard as assessed by the United States Geological Survey for the project area is "3" on a scale of ascending risks 9 to 1 (Heliker 1990). Zone "3" includes all of the city of Hilo situated south of the Wailuku River. 3) Distance from the coastline: The coastline is situated approximately 4.5 miles north of the subject property. 4) Agricultural Lands of Importance to the State of Hawaii (ALISH) designation: The subject property is classified as "Other Important Agricultural Land" by the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system. 5) U.S.D.A. Natural Resources Conservation Services Soil Service Report soil type: The soils of the project area aze classified as being of the Papai Series which consists ofwell-drained, thin, extremely stony organic soils over A'a lava. The Agricultural Capability Subclass rating for rKED soils is VIIs, nonirrigated, which indicates "soils 4 ~r.rrrri have very severe limitations (shallow, droughty or stony) that make them unsuited to cultivation and that restrict their use largely to pasture or range, woodland, or wildlife." (U.S. Soil Conservation Service 1973) 6) Land Study Bureau soil rating: The overall master productivity rating for the soils of the subject property is Class E which is described as "very poor". 7) Existing drainage ways or improvements: There aze 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 rural 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 U.S. Department of Housing and Urban Development (HUD) utilizes environmental noise criteria for evaluating the acceptability of housing project sites. Those sites having exterior noise levels that do not exceed an Lai of 65 dBA are deemed acceptable and do not require additional noise attenuation. The subject property is not situated in close proximity to any major water body. 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 Hawaii Register: Due to prior land clearing and development and use of the subject property for single family residential and agricultural purposes since 1966, it is highly unlikely that any azchaeological, cultural or historic sites are present on the property. Based on the foregoing, a letter dated July 13, 2006, was transmstted to the State Historic Preservation Division requesting a "no effect" determination 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 vegetation of 2/3 of the project azea was previously grubbed and is now limited to weeds and grass. The remaining 1/3 of the property has been developed with a single family dwelling, storage building, and landscaping. A small section of the area adjacent to the dwelling includes some ohia trees that were not cleared during the development of the property. Based on the extensive prior disturbance of the land on the subject property, no rare or threatened or endangered plant or animal species aze present or anticipated, and no adverse effects to any valued ecosystem aze expected from the proposed project. 11) Scenic or coastal resources: Given the relatively flat topographic conditions of the project azea and the height of surrounding vegetation, the scenic views in the vicinity 5 of subject property are limited. There aze no coastal resources in the immediate vicinity of the subject property. 12) Social settlement pattern for the area: The subject property is part of the 25 lot Panaewa House Lots 2"a series which was developed by the State Department of Land and Natural Resources and received final subdivision approval in 1964. The first increment of the Panaewa House Lots Subdivision, developed by the Territory of Hawaii, included 651ots situated adjacent and to the north of the subject property and received final subdivision approval in 1957. Both increments of the Panaewa House Lots Subdivision have average lot sizes of approximately 2.7 acres which were intended for residential use as evidenced by restrictive covenants which stipulated that the use of the property would be restricted to residential purposes for ten years after the issuance of the land patents. The vast majority of these parcels have been developed primazily for residential use while others have developed a mix of residential and agricultural uses. 13) Economic resources of the area: Although the subject property is situated on the outskirts of the City of Hilo, the project area is still relatively close to employment centers, shopping centers, schools, churches, public and private service providers, and airport and whazf facilities. 14) Land values: Land values in the South Hilo district, as is the case in all the districts of the County, have been on the rise reflecting a tight housing and residential land market as well as a strong demand for commercial and industrial property. 15) Land use: The project area is situated within the Panaewa House Lots Subdivision, 2"a series. Surrounding properties contain a mix of single family dwellings, agricultural activities or aze vacant. 16) Zoning: All of the pazcels situated within the Panaewa House Lots Subdivision are zoned Agricultural 3 acres (A-3a). It should be noted, however, that those pazcels included in the 1$` increment of the Panaewa House Lots Subdivision, situated adjacent and north of the subject property aze within the State Land Use Urban district. D) PUBLIC FACILITIES AND SERVICES 1) Description of access: Access to the subject property is provided by the Awa Street, fronting along the eastern border of the subject property. Awa Street is a County road with a 50-foot wide right-of--way with a 20-foot wide pavement and 6-foot wide grass shoulders. 2) Availability of water: County water is available from an existing 6-inch waterline along the Awa Street. 3) Sewage disposal: The project azea is not situated within the service limits of the County's wastewater disposal system. The two additional parcels proposed will utilize individual wastewater systems meeting with the approval of the Department of Health. 6 4) Solid 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: Fire, emergency medical and police services aze provided from the Kawailani Fire Station and the Hilo Police Headquarters. 6) Schools: The project area is served by the Waiakea High School, Waiakea Middle School and Waiakeawaena Elementary School. 7) Parks: The Malama Playground, a County Park, is situated approximately 1,000 feet east of the subject property and includes tennis courts, playground, play field and restroom facilities. The Panaewa Recreation Complex which includes the Rainforest Zoo and the Equestrian Center, as well as the Hilo Municipal Golf Course aze located within two miles of the subject property. 8) Other utilities and services (telephone/electricity): The subject property is served by electrical and telephone lines along Awa Street. E) ENVIRONMENTAL ASSESSMENT AND ANALYSIS 1) Relationship between local short term uses of environment and maintenance and enhancement of long term productivity: Although the subject property is situated within the State Land Use Agricultural District it is not well suited for intensive agricultural use because of poor soil conditions as evidenced by the Land Study Bureau's Soil Rating of "E" or Very Poor. In addition, the primary use intended for the subject property is residential use and not agriculture. The subject property is part of the 25 lot Panaewa House Lots 2"d series which was developed by the State Department of Land and Natural Resources and received final subdivision approval in 1964. The first increment of the Panaewa House Lots Subdivision, developed by the Temtory of Hawaii, included 651ots situated adjacent and to the north of the subject property and received final subdivision approval in 1957. Both increments of the Panaewa House Lots Subdivision have average lot sizes of approximately 2.7 acres and were sold with restrictive covenants which stipulated that the use of the property would be restricted to residential purposes for ten yeazs after the issuance of the land patents. Approval of the subject State Land Use Boundary amendment and change of zone application will still allow a mix of residential and agricultural uses to continue but will result in a more efficient utilization of the land. 2) Mitigative measures proposed to avoid, minimize, rectify or reduce impact: Impacts resulting from the proposed State Land Use Boundary amendment and 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 State Land Use Boundary Amendment and change of zone application aze denied, the Agricultural designation and A-3a zoning will remain in place. The subject property would continue to be utilized as a lazge-lot residential home site. 4) Irreversible and irretrievable commitments of natural resources that would be involved if the proposed action is implemented: The project area is designated as "Other Important Agricultural Land" by the Agricultural Lands of Importance to the 7 State of Hawaii (ALISH) classification system. As noted previously, however, the subject area is not well suited for intensive agricultural use because of poor soil conditions as evidenced by the Land Study Bureau's Soil Rating of "E" or Very Poor. There are thousands of acres of land with similaz site chazacteristics within the South Hilo and Puna districts which are situated within the State Land Use Agricultural District. As such, the conversion of these agricultural lands fora 3-lot residential and agricultural subdivision to allow the lots to be conveyed to family members will not adversely affect the agricultural productivity potential of the County of Hawaii. 8 ~c~ ; ~ Joseph Carl Perreira & La Chong Reed (Owners) ~f'o ~ u ~ ~ w ra x~mG~00 20 X03 ~ ' o' x v n o c w fn o o m o ~ 0 Grant 5-14,802 to Rfichl Kuba and Eiko Nakao Kuba ° ° = x 0 0» c c 7 m CO 3~ ~ o f c aQ m gy=m ~ ~ o=o ~~~u 0 161° 00' 240.00 000^" 3 w .o ° om _ W m O O J m ~ a J1p G ~ O ~0 ~Z AO A~ N m o m 1 N NG'a a y l 7C~ ~ d O_ m0; .c, o Hurt ~ mo3o ~o W ~o ~w u F° O o m IDrt3C3 m~' ~ o-• _ rn a o w a n°'m' c V Q Q i ~o ~ 0 N ~ aHe ~ N p ~ >j (b O -vl S ~ O ~ vm ~ ..f .aim 'e o°a o o, E ~ yo N~ o 0 m ~ N 3 N o +O n G~ ~ O o o m N ~ Q ~ ~ N ~ N ~ ~ ~ ~ I m 7 O ~ N (n O ~ X m i m • ~ ~ Rem m i7~ £A e_ N ~ C Q ~ O~ ? D w 0 3 o ° z • • J w ill ~ O G] j m D ~ ° _ ~ 341 ° 00' 225.00 a ~ ; r, ~s o vt ~ c c c. ~ m W ~ ~ ~ ? N rn~ o D (Q• Q ~ £ f ~ o v o ~ CO ~ a o V f~ o Q (Z O O Chainllnk ianw ~ ~ £ 3 Q J 3~ a x O W~ N N N I~ ~ ~ ~ is y' ~ a7 N ~ VI ~c ? N I N o v2 O ~ ~ ~ 7 ~ ~ cum ~ e NW o 00 O o o ~N as a Q n O ~ ~ o c D7 O y O O Q a c O p• m p N , J = V1 m ao' p -r Q~ O~ Q Q O. o f ~ a~ O ~ ~ ~ O m Q~ Q Q ~ O N m J ~ ~ rt ~ I] (p 0 O v e O ~ 3- ip' a ~ = Q ~ 3 9 0 161 ° 00' 210.00 .o°o ; 0 no N~~Q ~N a ° o O Q p 0 Q~ C~ J I N~ J or ~ A °O a ~ _ ~ Z ' 3- ° I I N -~-I C O O ~ ~ ~:e, o ' N ~ N ~ Q = O I S 61~) s R° o ~ A ~ n D C f - x ~ x D _ e" I ~ N ~ W 55 N o a AA ~ I O o. N '1"' _ onc. O W O I ° i Nq =A~oo o Ny i o i~ l9 oot wto~ .ANN ~ wmc ~ .a` ~Amza II Oorn ~~T f ytt o °mn `Rt pm~9.~ NO ONO ° • I~ ~ A°- G ~ mimo o.~ a OE O I ~1- ~ @ m n lP ~y ~ ..m a O~ O } i I& .:~o ~jj ~ 9 * rd~d cn Innnk 90.00 ~ ~m a _ _ ove o _ _ _ _ - - - ~ _ - - - - 341° 00' 240.00 m n r z x ~ -v "9=;~~ of PwameM Y II w Stdpa X 0 n 0 ~ S ' ~I ~ m S.im E9• 9, c e_ -p• ~ ~ Q N ~ ~ ~~Fm Yellow Stripe I •-ae '1 7 G Q ~ E of Pavement j j N ~ ~ m ~ ~ xp ~ m AWa ! SlYeel e•r^ vm~. a~ oo QW m,. N 3 Ill 4 N !O o\IN °1 7 Vt ~ N~ ~ n C ~ ~ O rt O o ~ O C m o ~ n n• No ue ; O ~•~Q' ~ ~ ~n. SCp Bh o F j N• O C ~ (n ~ Sp Ft' o ~ N, 7 O ~ 0 m 01 ~ - w o n r4 Awa Noyh Street DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII ~P~'a~~~;~ '_~T DATE: August 30, 2006 ~'I(~AUv,atti~ TO: Christopher J. Yuen, Planning Director FROM: -~-V Dep rtment of Public Works SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APP. (SLU 06-000012) CHANGE OF ZONE APPLICATION (REZ 06-000045) Applicant: Glenn T. Nakamura Request: A-3a to RA-.5a Tax Map Key: 2-2-56: 023 We have reviewed the subject application forwarded by your memo dated August 7, 2006 and offer the following comments for your consideration. We do not sanction the specific plat submitted with the application as it may be subject to change given specific code and regulatory requirements. 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. Awa Street is a County street that is classified as a collector on the Zoning Map. It has an existing right-of-way width of 50 feet fronting the subject parcel. Questions may be referred to Kelly Gomes of the Engineering Division at ext. 8327. EXHIBIT o~.~?s~o County of Hawaii is an Equal Opportunity Provider and Employer Oat. ~pp~i S 1 i i i~ o ;TEEJPi/iIRTMEN7;~"~ WATER SUPPLY COUNTY OF HAWAII b~~e7 fip Np\\. ~p 345 KE K1~ANAb'A STREET, SUITE 20 HILO, HAWAII 96720 TELEPHONE (608) 961-8050 FAX (808) 967-8857 September 7, 2006 TO: Mr. Christopher J. Yuen, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 06-000012) REQUEST: AGRICULTURAL TO URBAN CHANGE OF ZONE APPLICATION (REZ 06-000045) APPLICANT -GLENN T. NAKAMURA REQUEST: A-3A TO RA-.SA TAX MAP KEY 2-3-056:023 We have reviewed the subject application and have the following comments and conditions. Water can be made available from an existing 6-inch or 12-inch waterline within Awa Street fronting the subject parcel. The subject parcel is currently served by a 5/e-inch meter, which is limited to a maximum of 600 gallons per day and suitable for only one single-family dwelling. Pursuant to Rule 5 of the Department's Rules and Regulations, a water commitment maybe issued. Based on the two (2) additional lots requested in the proposed Change of Zone Application, the required water commitment deposit is $300.00. Remittance of the $300.00 water commitment deposit is requested as soon as possible so that a water commitment may be formally effected. The commitment will be in writing with specific dates and conditions stated. Upon receipt of the water commitment deposit, we will provide our requirements for water service, applicable facilities charges due, and other conditions for final subdivision approval. Should there be any questions, please contact Mr. Finn McCall of our Water Resources and Planning Branch at 961-8070, extension 255. Sinc e yours, t Milto D. avao, P.E. Man er FM:sco EXHIBIT copy - Mc Glenn T. Nakamura Mr. Brian T. Nishimura ~ A VVater brir2c~6 rroc~re~~... The Department of Water Supply is an Equal Opportunity provider and employer. To file a complaint of discrimination, write: USDA, Director, Office of Civil Rights, Room 326-W, Whitton Building, 14th and Independence Avenue, SW, Washington DC 20250-9410.Or call (202) 720-5964 (voice and TDD) ~1M1V Oi I•~.'?~ Harhry Kimyatte ~ 5~ Lawrence K. Mabuna ttSfUUU Police Chief •~•Q • r'i..:,':', ~ h'=i~1T 6:'d:+ Harry S. Kubojiri ~~Lllil`-:ITT U4' fi,'ili~~i\II Deputy Police Chfej County of Hawaii POLICE DEPARTMENT 349 Kapiolani Street • Hilo, Hawaii 96720-3998 (808) 935-3311 Fax (808)96!-8869 August 21, 2006 TO STOPHER J. YUEN, PLANNING DIRECTOR M• FROM J MES M. DAY~SSISTANT POLICE CHIEF, AREA I OPERATIONS SUBJECT STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 06-000012); REQUEST: AGRICULTURAL TO URBAN; CHANGE OF ZONE APPLICATION (REZ 06-000045); REQUEST: A-3a TO RA-.5A; APPLICANT: GLENN T. NAKAMURA; TMK: 2-2-56:23 Staff, upon reviewing the provided documents and visiting the proposed site, does not anticipate any significant impact to traffic and/or public safety concerns. Thank you for allowing us the opportunity to comment. RKA/Ili f)~.~~~"~'7' EXHIBIT "Hawai`i County is an Equal Opportunity Provider and Employer' V~. .gym pry 4 7 Darryl J. Oliveira Mayor - ~ Fire Chief i"Lt}i'~n~;'.--_ ~ : pt 7- ~',;i ~a Desmond K. We ail )~l~i i~;i:: ~-ii''i Y%1~ ~ 1 i bi di Deputy Fire Chief ry C~Cvutttp of ~a~boa~i`i FIRE DEPARTMENT 25 Aupuui S[reet • Suite ]03 Hilq Hawaii 96720 (808)961-8297 • Fax (808) 961-8296 August 21, 2006 TO CHRISTOPHER J. YUEN, PLANNING DIRECTOR FROM DARRYL OLFJEIRA, FIRE CHIEF SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 06-000012) REQUEST: AGRICULTURAL TO URBAN CHANGE OF ZONE APPLICATION (REZ 06-000045) REQUEST: A-3a to RA-.Sa APPLICANT: GLENN T. NAKAMURA TAX MAP KEY: 2-2-56:23 We have no comments to offer at this time in reference to the above-mentioned State Land Use Boundary Amendment application request. ARR L~RA Fire Chief ' DJOapc EX~BIT 018~0~ ~P„~a~y~ HawaiS Counhf is an Equal Opportunity Prouiderand Employer. )EV°J t~ LLLV1i oJt!SV %~F H<!L9' Harry Kim , -;r e~- Barbara Bell Mayor ~ ` , Director 'r~ o:'M~'~ Nelson Ho PtANN1NQ Qf:~• Deputy Director (n~ixn#~r of ~tz£uttit DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni S[reet, Raom 210 • Hilo, Hawaii 96720-0252 (808) 961-8083 • Fax (808) 961-8086 MEMORANDI7M Date : August 14, 2006 To CHRISTOPHER YUEN, Planning ire or From: BARBARA BELL, Director Subject: State Land Use Boundary A~endment Application (SLU 06-000012) Request: Agricultural to Urban Change of Zone Application (REZ 06-000045) Request: A-3a to RA-.Sa Applicant: Glenn T. Nakamura TMK: 2-2-56:23 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: WASTEWATER COMMENTS; "n ( ) No comments ( )Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii County Code. ( )Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawaii County Code. Complete D.E.M. Sewer Extension Application. ( )Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawaii County Code. ( )Other: TECHNICAL SERVICES COMMENTS: ~a~~ APB?/1~ ~,1' d1(~( SOLID WASTE COMMENTS: ! ( ) No comments Q4) Commercial operations, State and Federal agencies, religious entities and non-profit organizations may not use transfer stations for disposal. '(5Q) Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. (~j) Ample and equal room should be provided for rubbish and recycling. (gyp) Greenwaste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or other suitable diversion programs. (~4) Construction and demolition waste is prohibited at all County Transfer Stations. ( )Submit Solid Waste Management Plan in accordance with attached guidelines. ( )Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. ( )Other: swD, Tss, wwD ®~.t~~~" X OBIT Hawai ~i County is an equal opportunity provider and employer. ~tY OF N~i i% . L ~ Edwin S. Taira `~J~9 ~or1~. "3ry , Housing Adminisbator - - Y' ~Tf Of~MF~~ • i'V I ~ : ~ QCoulttp of ~abnaii OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT 50 Wailuku Drive • Hilo, Hawaii 96720.2484 Vf7"I' (808) 961-8379 • FAX (808) 961-8685 " September 11, 2006 MEMORANDUM TO: Christopher Yuen, Director Planning Department r, FROM: Edwin S. Taira Housing Administrator SUBJECT: State Land Use Boundary Amendment Application (SLU 06-000012) Request: Agricultural to Urban Change of Zone Application (REZ 06-000045) Request: A-'3a to RA-.5a Applicant: Glenn T. Nakamura Tax Map Key: 2-2-056:023 Although the deadline has passed, the Office of Housing and Community Development affirms that affordable housing conditions, pursuant to Hawaii County Code, Chapter il, Housing, are not applicable to the request. Thank you for the opportunity to comment. EXHIBIT 1125pasr pp EQUAL HOUSING OPPORTUNITY ( 'HAWAI'I COUNTY IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER' q (~1~1A9 PETER T. YOUNC {~yI" Y• qC,O ~,A/q CNAIPPERSON 1 LPIDA L[NGLE ,AP rr 1959 ~ q BOARDOF LAND AND NANWrLRE90URCE5 GOVERNOR OF HAWAII f V;~ COMF93310N ON WAIERRE30VRCE MANAGFMENF i.ti~~~d~' v r ROBERT K. MASUDA n [[~g 1 t DFPUfY DQtFCTOR-uND Ot1TDd antl rlFi" ~ ~ p~ IL. ~l A j DEAN NAKANO ,A~ - &\4rr ACTPIG OEPIFfYDIXECTOR-WATER ~FE' &N~'rr•••••r•• .N®F AQUATIC RESOURCES ! . { QO•®4F]~L10V° SOATWf AND OCEAN RECREATION RURFAUOF CONVEYANCES ~IIJI j r_ i 1! 1:~4f~~~ COA4.d59ION ON WATER RESOURCE MANAGEMEM ~ STATE OF HAWAII CONSFxVAn«+aND CDA3rALLANDs CONSERVATIONAND RESOVRCES ENFORCEAffNI ENGMENRP'G sr DEPARTMENT OF LAND AND NATURAL RESOURCES FORE3T1tTAN0 wnDEo-'E ate ofHs+rO` wsroMC eRESExvnnoN STATE HISTORIC PRESERVATION DIVISION RAxoouwe ESUND RESeavErowm.331oN uND 601 KAMOKILA BOULEVARD, ROOM 555 srAre EAwcs KAPOLEI, HAWAII 96707 September 15, 2006 Mr. Christopher J. Yuen, Director LOG NO: 2006.3016 Planning Department DOC NO: 0609JT32 County of Hawaii Archaeology 100 Pauahi Street, Suite 3 Hilo, HI 96720-3043 Dear Mr. Yuen: SUBJECT: Chapter 6E-42 Historic Preservation Review (Couuty/Public Works) - No Historic Properties Affected Request Waiakea Ahupua`a, South Hilo District, Island of Hawaii TMK: (3) 2-2-056:023 Thank you for affording us the opportunity to comment on this project in Waiakea for any effect on historic properties regarding a change of zone application. We believe that no historic properties will be affected by this undertaking because: ? a) intensive cultivation has altered the land ® b) residential developmenUurbanization has altered the land ® c) previous grubbing/grading has altered the land ? d) an acceptable archaeological assessment or inventory survey found no historic properties ? e) this project has gone through the historic review process, and mitigation has been completed ® t) other: We have no record of htstoric properties in this area, and our fries Indicate that the area has been developed for residential use that has modified the landscape. In the event that historic resources, including human skeletal remains, are identified during the construction activities, all work needs to cease in the immediate vicinity of the fmd, the find needs to be protected from additional disturbance, and the State Historic Preservation Division, Hawaii Section, needs to be contacted immediately at (808) 327-3691. Aloha, elanie Chmen, Admmistrator State Historic Preservation Division JT:gvf EXHIBIT oss~~~~ <F..-F b'4 ,b 59 ~ b LINDA LI. ~j n ~ c~ CHIYOME LEINAALA FUIONO, M.D. GOVERN C.( R ~P DIRECTOR OF HEALTH n' o® STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-091fi MEMORANDUM DATE: August 17, 2006 TO: Christopher J. Yuen Planning Director, County of Hawaii FROM: Donn A. Hashimoto Acting District Environmental Health Program Chief SUBJECT: State Land Use Boundary Amendment Application (SLU 06-000012) Request: Agricultural to Urban Change of Zone Application (REZ 06-000045) Request: A-3a to RA-.Sa Applicant: Glenn T. Nakamura Tax Map Key: 2-2-56:23 The Health Departrnent found no environmental health concerns with regulatory implications in the submittals. WORD~.SLU 06-U~Q~L2lREZ 06-0~0~45.at EXHIBIT • LINDA LINGLE ANTHONY J.H. CHING GOVERNOR e>j""'~B eg~~ y 1 ~ EXECU1lVE OFFICER ~.g~ C`vi~,l'~~ i i-;-=;Vt~i~,li STATE OF HAWAII DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT & TOURISM LAND USE COMMISSION P.O. Box 2359 Honolulu, Hawaii 96804-2359 Tele4hone: 808-587-3822 Fax: 808-587-3827 August 15, 2006 Mr. Christopher Yuen, Director Planning Department, County of Hawaii Aupuni Center 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Yuen: Subject: SLU 06-000012 Request: Agricultural to Urban Change of Zone Application (REZ 06-000045) Request: A-3a to RA-.5a Applicant: Glenn T. Nakamura Tax Map Key: 2-2-56:23 We have reviewed the subject application forwarded by your correspondence dated August 7, 2006. Pursuant to §205-6, Hawaii Revised Statutes, and given the location, scope, and nature of the proposed activity, we have no further comments to offer at this time. Thank you for the opportunity to comment on the subject project. Please do not hesitate to contact me at 587-3822 should you require clarification or any further assistance. Sincerely, ®1~$`7Q~ ANTHONY J. H. C G EXHIBIT Executive Officer l~ RNakamuraSLU.doo-10/9/06 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION GLENN T. NAKAMURA STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 06-0000121 Upon careful review of the request, the Planning Director is recommending that a favorable recommendation for the State Land Use Boundary Amendment application be forwazded to the County Council. 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 approval of the reclassification from the State Land Use Agricultural to the Urban District for approaimately 2.649 acres will not be violative of Section 205- 2, Chapter 205, Hawaii Revised Statutes, nor will the reclassification actions be inconsistent with the Hawaii Land Use Commission Rules, the Hawaii State Plan and the County General Plan. The applicant is also requesting a concurrent change of zone from Agricultural 3-acres (A-3a) to Residential and Agricultural .5-acre (RA-.Sa) for 2.649 acres. The applicant intends to subdivide the property into three lots approximately 38,000-squaze feet in size. The estimated cost of the project is $50,000. According to the Hawaii Land Use Commission Rules, one of the standards for considering an area for urban reclassification States that "In determining urban growth for the next ten years, or in amending the boundary, lands contiguous with existing urban areas shall be given more consideration than non-contiguous lands, and particulazly when indicated for future urban use on State or County General Plans." The request conforms to this standard as it abuts existing Urban-designated lands to the north. This area was reclassified into the Urban District during the 1969 Boundary Review. The reclassification action would also complement the goals, objectives and/or policies articulated in the Hawaii State Plan by encouraging urban growth primarily to existing urban areas where -1- adequate public facilities are already available. The request also conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map which designates the azea as Low Density Urban. The LUPAG Map component of the General Plan is a representation of the document's goals, policies, standazds and courses of action. It is also a graphic depiction of the physical relationship between the various land uses. The LUPAG Map establishes the basic urban and non- urban form for areas within the County. The azea under consideration is consistent with the urban form established for this area. The request conforms to the Economic and Land Use goals and policies of the General Plan. The urban classiTication also conforms to the standard that the development is within reasonable proximity to centers of trading and employment and to basic services such as schools, police and fire protection, transportation systems and water. The property is located neaz commercial shopping centers, residential developments and public service facilities, and thereby conforms with the Land Use Commission Rules which encourages urban developments in close proximity to existing services and facilities. Access is from Awa Street, a County roadway with a 50-foot wide right-of--way with a 20-foot wide pavement and 6-foot wide grass shoulders. Emergency services aze available in Hilo. Utilities aze or will be made available to the site. The two additional parcels will utilize individual wastewater systems meeting with the requirements of the Department of Health. The property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U. S. Corps of Engineers Flood Insurance Rate Map (FIRM) designates the property as Zone "X", azeas outside the 500-year flood plain. The property is located approximately 4.5 miles from the coastline and is relatively level. There are no existing drainageways or improvements in the vicinity of the property. All project generated runoff will be disposed of on-site, so as not to impact properties makai of the site. Thus, the reclassification meets with the standard which states that the lands included within the urban district shall be those with satisfactory topography and drainage and reasonably free from the -z- danger of floods, tsunami and unstable soil conditions and other adverse environmental effects." Urban Districts shall include lands characterized by "city-like" concentrations of people, structures, streets, urban level of services and other related land uses. Surrounding properties are zoned A-3a and includes a mix ofsingle-family dwellings, agriculture uses, or vacant land. The State Land Use Urban designated azea, site of the Panaewa Farm Lots 1°` Series, is located immediately north of and adjacent to the property. Thus, as urban uses already exist in the immediate azea, the urbanization of the subject property will not contribute towards scattered urban development. While the subject property is within the State Land Use Agricultural and County's Agricultural (A-3a) zoned district, it is not currently being used for active agricultural purposes. While the property is within the State Land Use Agricultural and County's Agricultural (A-3a) zoned district, the property is not currently being used for active agricultural purposes. There is an existing 40-yeaz old single-family dwelling situated on the front portion of the property. The remaining portion of the property is vacant. The applicant states that due to extensive prior disturbance of the site, "it is highly unlikely that any archaeological, cultural or historic sites aze present on the property." By letter dated July 13, 2006, the applicant requested a "no effect" letter from the State Department of Land and Natural Resources Historic Preservation Division (HPD). In a letter dated September 15, 2006, the DLNR-HPD has stated that "no historic properties will be affected by this undertaking because 1) residential development/urbanization has altered the land; 2) previous gnxbbing/grading has altered the land; 3) we have no record of historic properties in this area, and our files indicate that the azea has been developed for residential use that has modified the landscape." The property is unclassified by the State of Hawaii ALISH Map and the Land Use Study Bureau's Overall Master Productivity Rating. Given the soil chazacteristics of the property, the potential for intensive agricultural uses is unlikely. Therefore, the reclassification of this 2.649-acre azea from the Agricultural to the Urban designation will not be detrimental to the reduction of this area from the agricultural land inventory in the County of Hawaii. -3- Based on the above, the approval of the State Land Use Boundary Amendment from Agricultural to the Urban District complements the State Land Use District Regulations and is supportive of the State of Hawaii Plan and the General Plan. Therefore, the Planning Director recommends a favorable consideration of the State Land Use Boundary Amendment. The accompanying draft bill to amend the State Land Use Boundaries Map for the County of Hawaii is included for your review and approval. -4- ~.~}~1;MtY Os °l •l !i COUNTY OF HAWAII STATE OF HAWAII ••+i o~'Niw BILL NO. ORDINANCE NO. (PLANNING DEPT) AN ORDINANCE AMENDING THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY OF HAWAII BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL TO THE URBAN DISTRICT AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-56:23. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. The State Land Use Boundaries Maps for the County of Hawaii are - 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 Urban: Beginning at the southeast comer of this parcel of land, being also the northeast comer of Grant S-14,480 to Midori Kimura and Hisae Tokuoka Kimura and on the westerly side of Awa Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI",being 18,348.67 feet South and 14,664.46 feet East, thence nuv~ing by azimuths measured clockwise from true South: I. 71° 00' 480.80 feet along Grant S-14,480 to Midori Kimura and Hisae Tokuoka Kimura (Lot 17); 2. 161 ° 00' 240.00 feet along Grant 5-14,802 to Riichi Kuba and Eiko Nakao Kuba (Lot 20); 3. 251° 00' 480.80 feet along Grant 5-14,047 to Masaji Kawazoe and Jane Nagako Sugayama Kawazoe (Lot 58), Grant 5-14,165 to Shizu Sugawara, Miyoki Sugawara and Tsune Sugawara (Lot 57) and Grant 5-14,145 to Charles Kazuo Sakaguchi (Lot 56); 4. 341 ° 00' 240.00 feet along Awa Street to the point of beginning and containing an area of 2.649 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 3. 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: - 2 U U /!grltukwal m ci Urban Urban 9~ S v ~ ~ R~ TU o TO AN m 264 ACRE Urtian s Urban D U m Agd m 16,348. S 16E v m ATE °H A4dculhsat E MI1Mpl0 ST W AIAMI110 m ~ ~ w 7 ~ a S ~ AgrlcWbaal tYID 300 0 tA0 t,20D _ 1.8Q0. 2.400 3.000 Feet AMENDMENT TO STATE LAND USE BOUNDARIES MAPS AMENDING THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY OF HAWAII, BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL TO THE URBAN DISTRICT AT WAIAKEA, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK 2-2-056:023 Date: August 7, 20 EXHIBIT "A" (Glenn T. Nakamura:os-tt~) gN,.t,.......RCZ.,doc-10/9/06 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION GLENN T. NAKAMURA CHANGE OF ZONE APPLICATION (REZ 06-0000451 Upon cazeful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation for a Change of Zone request be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the 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 applicant is requesting a Change of Zone from Agricultural 3-acre (A-3a) to Residential and Agricultural .5-acre (RA-.Sa) for approximately 2.649 acres of land to subdivide the property into three lots approximately 38,000 squaze feet in size. The applicant and his two sisters inherited the property from their pazents. The proposed request will allow the family to create three separate pazcels which will then be conveyed to family members. The applicant has submitted a concurrent request for a State Land Use District Boundary Amendment from an Agricultural to an Urban district. In order to consider an azea for any type of zoning designation, the applicable goals, policies and standazds 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 be also considered as they may have an impact on similaz areas in the County. The Change of Zone request from A-3a to RA-.Sa will conform to, among others, 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. The overall goals, policies and standazds are set forth to physically plan the lands in the County in the best -t- 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 request conforms to the policy of the Land Use element of the General Plan which state, "zone urban type uses in azeas with ease of access to community services and employment centers and with adequate public utilities and facilities." The Land Use Pattern 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 azeas within the Coumy. The subject area is designated Low Density Urban. This designation includes residential, ancillary community and public uses, and neighborhood and convenience-type commercial uses. There is an existing 40-yeaz old single-family dwelling situated on the front portion of the property. The remaining portion of the property is vacant. The property is one of twenty-five lots approved under Subdivision No. 2083 (Panaewa Fazm Lots 2nd Series) on February 19, 1964. As the property is developed, no agricultural activities aze currently being conducted on the site. The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM designates the property as Zone "X", an area determined to be outside of the 500-yeaz flood plain. The property is unclassified by the Agricultural Lands of Importance to the State of Hawaii (ALISH) System and the Land Study Bureau. While the potential for agricultural uses may exist, the soil conditions within the property and surrounding azea would preclude such agricultural activities from being conducted on the site. Surrounding properties aze zoned A-3a and includes a mix ofsingle-family dwellings, agriculture uses, and vacant land. Panaewa Farm Lots 1°` Series approved under Subdivision No. 1091 on February 11, 195'7, is located adjacent to and immediately north of the subject site. This area was reclassified into the Urban District during the 1969 Boundary Review. Access to the property will be from Awa Street, a County road with a 50-foot wide right-of--way with a 20-foot wide pavement and 6-foot wide grass. County water is available to the site. As there is no municipal sewer system in the area, any additional -2- structures will utilize individual wastewater systems approved by the State Department of Health. All essential utilities are available to the site. Police, fire and emergency facilities are located in Hilo. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is not situated within the Special Management Area. It is located approximately 4.5 miles from the neazest coastline and therefore, will not be impacted by coastal hazazd and beach erosion. There aze no identified recreational resources, historic resources, public access to the shoreline or mountain azeas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the area. Thus, the proposed request and use of the property will not adversely impact those resources. Because the property is developed, it is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject property, nor has the azea been identified as a significant botanical or biological habitat. Presently, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of known valued cultural, historical or native resources in the area. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the azea. Based on the above findings, the approval of the Change of Zone request from an Agricultural 3-acre (A-3a) to a Residential and Agricultural .5-acre (RA-.Sa) zoned district would result in an appropriate land use pattern that will further benefit the public. The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map) of Chapter 25, Zoning Code, of the Hawaii County Code 1983 (2005 Edition), is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -3- CN•ks:.roRRZ..dao-10/9/06 GLENN T. NAKAMURA CHANGE OF ZONE APPLICATION (REZ 06-00004 CONDITIONS OF APPROVAL A. The applicant(s), its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within 180 days from the effective date of this ordinance. C. Final Subdivision Approval of the subject property shall be secured within five (5) years from the effective date of this ordinance. D. Restrictive covenants in the deeds of all the proposed lots within the subject property 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 maybe 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. E. All driveway connections to Awa Street shall conform to Chapter 22, County Streets, of the Hawaii County Code. F. All development generated runoff shall be disposed of on site and not be duetted toward any adjacent properties. G. )f required, a drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works prior to the submittal of plans for subdivision review. Any drainage improvements, if required, shall be constructed, meeting with the approval of the Department of Public Works, prior to the issuance of Final Subdivision Approval. H. The method of sewage disposal shall meet with the requirements of the State -1- 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 azea 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 azchaeological clearance from the DLNR- HPD when it finds that sufficient mitigative measures have been taken. J. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair shaze contribution shall become due and payable prior to receipt of Final Plan Approval. The fair shaze contribution for each lot shall be based on the actual number of residential units developed. The fair share contribution in form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair shaze contribution may be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPn. The fair shaze contribution shall have a maximum combined value of $10,368.57 per single family residential unit. The total amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per single family residential unit shall be allocated as follows: 1. $4,999.91 per single family residential unit to the County to support park and recreational improvements and facilities; 2. $241.20 per single family residential unit to the County to support police facilities; 3. $476.39 per single family residential unit to the County to support fire facilities; 4. $208.57 per single family residential unit to the County to support solid waste facilities; and 5. $4,442.50 per single family residential unit to the County to support road and traffic improvements. -2- In lieu of paying the fair share contribution, the applicant may contribute land and/or construct improvements/facilities related to parks 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. K. The applicant(s) shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. L. 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. M. 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 aze beyond the control of the applicant(s), its 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 maybe extended for up to one additional yeaz). 5. If the applicant(s) should require an additional extension of time, the Planning Director shall submit the applicant(s)' request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the subject azea to its original or more appropriate designation. -3- vv w • COUNTY OF HAWAII STATE OF HAWAII 4<' ••~,j•p, •N~,~ BILL NO. ORDINANCE NO. (PLANNING DEPT) AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - 3 ACRES (A-3a) TO RESIDENTIAL AND AGRICULTURAL - .5 ACRE (RA-.Sa) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-56:23. 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 1983 (2005 Edition), 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 Residential and Agricultural - .5 acre (RA-.Sa): Beginning at the southeast comer of this parcel of land, being also the northeast comer of Grant S-14,480 to Midori Kimura and Hisae Tokuoka Kimura and on the westerly side of Awa Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALM", being 18,348.67 feet South and 14,664.46 feet East, thence running by azimuths measured clockwise from tme South: I. 71 ° 00' 480.80 feet along Grant 5-14,480 to Midori Kimura and Hisae Tokuoka Kimura (Lot 17); 2. 161° 00' 240.00 feet along Grant 5-14,802 to Riichi Kuba and Eiko Nakao Kuba (Lot 20); 3. 251° 00' 480.80 feet along Grant 5-14,047 to Masaji Kawazoe and Jane Nagako Sugayama Kawazoe (Lot 58), Grant S-14,165 to Shizu Sugawara, Miyoki Sugawara and Tsune Sugawara (Lot 57) and Grant 5-14,145 to Charles Kazuo Sakaguchi (Lot 56); -1- 4. 341 ° 00' 240.00 feet along Awa Street to the point of beginning and containing an area of 2.649 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition), the County Council finds the following conditions aze: (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 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 Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -2- - ~3. a•toa a A-3a 0 A-3a A-10a ~ A 7a AJe LTU -5 RES 3a) RES E LAN A'~ z AGPo ULTU -.5 RE -.Sa m o 9 A S A-3a m m O D 18, GIS Q ~ .16E A-3a ~ E MAMAIO ST Ada W MAIMq ST A e A•3~ N a W O W O S A-10a A-Jr A-3a A-~ 600 300 0 600 1200 1800 2400 3 Feet AMENDMENT TO THE ZON{NG CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL-3 ACRES (A-3a) TO RESIDENTIAL AND AGRICULTURAL-.5 ACRE (RA-.5a) AT WAIAKEA, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII K 2-2-056:023 Date: August 7, 2006 EXHIBIT (Glenn T. Nakamura:7208)