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HomeMy WebLinkAboutCOM 0509.000 2006-2008 +tY o• N~i Harry Kim Dixie Kaetsu Mnyor Mnnaging Director ;r„ Barbara Kossow ~~~oi'N~'~ Deputy Mnnaging Director County of Hawaii 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720.4252 (808) 9615211 Fax (808) 9615553 KONA: 75-5706 Kuakini Highway, Suite 103 Kailua-Kona, Hawaii 96740 (808) 329 5226 Fax (808) 326-5663 June 21, 2007 _ ' c r Honorable Pete Hoffinann, Chairman and Members of the County Council County of Hawaii 333 Kilauea Avenue Hilo, HI 96720 Dear Chairman Hoffinann and Members: Change of Zone (REZ 746) Applicant: Dr. Brian and Ramona Sakamoto Request: Amendment to Condition B (Plan Approval) and J (Annual Report) Of Ordinance No. 93-101 Tax Map Key: 2-2-21:7 and 46 ?Change of Zone Application (REZ 07-000066) Applicant: Francis and Martha Rodillas Request: A-3a to FA-2a Tax Map Key: 2-5-40:18 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. Sinc` F Harry Kim Mayor ~ Comte. No. Enclosures Ref. To: L cc: Planning Department Re{. Uate ~IJh 2 $ X007 _ ~ ~ w County of Hawaii PLANNING COMMISSION Aupuni Cen[er • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 Fax (808) 961-8742 June '21, 2007 Pete Hoffinann, Chairman and Members of the County Council County of Hawaii 333 Kilauea Avenue, 2"d Floor Hilo, HI 96720 Dear Chairman Hoffinann and Council Members: Change of Zone Application (REZ 07-000066) Applicant: Francis and Martha Rodillas Request: A-3a to FA-2a Tax May Key: 2-5-40:18 The Planning Commission, after a duly held public hearing on June 5, 2007, voted to recommend for your approval the proposed legislative bill for a change of zone from an Agricultural 3-acre (A-3a) to a Family Agricultural 2-acre (FA-2a) district for 4.76 acres of land. The property is located along the northeast (makai) side of Akala Road, approximately 73 feet from the Akala Road-Kaumana Drive intersection and in the vicinity of Kaumana Cave, Ponahawai, 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 A-3a to FA-2a for 4.852 acres of land to subdivide the property into two parcels, approximately 2+ acres each. The applicants intend to construct their home on one lot and reserve the other lot for their immediate family. 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 Hawaii County is an Equal Opportunity Provider and Employer Pete Hoffmann, Chairman and Members of the County Council Page 2 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 proposed Change of Zone from an Agricultural (A-3a) to a Family Agricultural (FA-2a) zoned district will conform to, among others, the following goals, policies and standards of the Land Use and Economic General Plan Elements and the General Plan LUPAG Map: 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 areas within the County. The proposed request conforms to the LUPAG Map, which designates the property as Important Agricultural Land and a small portion in Low Density Urban. Important agricultural lands are those lands with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors. Soils within the property are identified as Kaiwiki silty clay loam, 10 to 20 percent slopes (KaD). The Land Study Bureau's Detailed Land Classification System identifies soils on the property as "C" or "Fair" for agricultural productivity, as well as Existing Urban Development. The ALISH System classifies soils within the subject property as Prime Agricultural Lands. A major concern in allowing a rezoning of agricultural land that creates smaller lot sizes is that this will reduce the potential use of the land for commercial agriculture by fragmenting the land into azeas too small to be farmed on a commercial scale. While a few crops can be intensively cultivated on very small acreage, usually these crops have a very limited market. Reducing the size of the lots can reduce the range of potential agricultural uses and the range of market opportunities for those crops. In this particulaz situation, the applicants intend to construct a dwelling for themselves on one lot and reserve the other lot for their family. The newly created lots will still have the potential to be used for farming or agricultural purposes. The proposed Change of Zone will conform to, among others, the goals, policies and standards of the Land Use and Economic General Plan Elements: Land Use • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. Pete Hoffinann, Chairman and Members of the County Council Page 3 • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • 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. Economic • 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. • Provide an economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural and social environment. All utilities and services are available to the property. Access to the property is from Akala Road, which is a County owned and maintained roadway that has approximately 18 feet of pavement within a 30-foot right-of--way. The City of Hilo Zone Map (Ordinance No. 187) identifies Akala Road as a proposed 60-foot right-of--way, with a future 15-foot road widening setback on both sides of the Akala Road. A condition of approval will be added requiring the applicants to set aside a 15-foot future road widening setback along the properties frontage along Akala Road. County water is available for the proposed request. Wastewater will be disposed of by individual wastewater systems meeting the requirements of the Department of Health. All other essential utilities or services are available to the property. There is no severe geological or topographical problems for the property that cannot be properly rectified or which would render the land unusable. According to the Flood Insurance Rate Map (FIRM) prepazed by the Federal Emergency Management Agency (FEMA), the majority of the project area is located in Zone "X", an azea outside of the 500-year flood area. There is a small area at the southern portion of the property in Zone "A". Flood Zone A is the Special Flood Hazard Area inundated by the 100-yeaz flood where base flood elevations have not been determined. A condition of approval Pete Hoffmann, Chairman and Members of the County Council Page 4 will be added restricting the construction ofsingle-family dwellings and related improvements or other substantial buildings or subdivision roads within areas designated Flood Zone "A" by the Flood Insurance Rate Map (FIRM). Should this request be approved, the applicants may apply for a Second Farm Dwelling, allowing for the construction of a second dwelling unit on each lot. The potential to allow additional dwellings may contribute to the cumulative burden on the existing infrastructure. As such, a condition is included to prohibit a second dwelling unit and a Condominium Property Regime (CPR) on each lot. The condition will require that restrictive covenants be included in the deeds of all the proposed lots for the subdivision prohibiting second dwelling units to preserve the residentiaUagricultural ambience of the azea. 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 over 4 miles from the nearest coastline and 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 azeas, 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. It is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject property because the property was previously utilized for sugar cane cultivation and ranching. 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 azea. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. The request will not have a significant adverse impact to traditional and customary Hawaiian 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 azea, historical survey of documentary records, or botanical study was included in the application. Pete Hoffmann, Chairman and Members of the County Council Page 5 The valued cultural, historical, and natural resources found in the rezoning area. As the site has been previously utilized for sugar cane cultivation, it is unlikely that there are any valued cultural, historical, and natural resources to be found in the rezoning area. Possible adverse effect or impairment of valued resources: There is no evidence of any possible adverse effects or impairments will occur to any valued resources. Since the property was formerly used for sugar cane cultivation and has been disturbed in the past, it is unlikely that any archaeological or historic features exist on the property. Additionally, there is no evidence that the flora in the area are particularly desired or used for cultural practices. By letter dated November 15, 2006, the DLNR-SHPD responded that DLNR-SHPD believes that "no historic properties will be affected" by this undertaking because intensive cultivation has altered the land, previous grubbing/grading has altered the land and this project is located in former cane lands and pasture. Feasible actions to protect native Hawaiian rights: As there is no evidence of any valued cultural, historical, and/or natural resources found on the site, there is no action to be taken. A condition of approval will be added for the protection of inadvertent finds should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered. The applicants shall be required to cease work in the immediate area and contact the Department of Land and Natural Resources -State Historic Preservation Division (DLNR-HPD). Subsequent work shall proceed upon an archaeological clearance from DLNR-HPD when it finds that sufficient mitigation measures have been taken. Based on the above findings, approval of the Change of Zone request from an Agricultural 3-acre (A-3a) to Family Agricultural 2-acre (FA-2a) zoned district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. For your favorable consideration, an amendment to Section 25-8-33 (City of Hilo Zone Map), of the County Zoning Code is transmitted. Pete Hoffrnann, 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, r William Graham, C airman Planning Commission Lrodillas02PC Enclosures cc: Francis and Martha Rodillas Department of Public Works Department of Water Supply Department of Land & Natural Resources-HPD/Kona DOT-Highways, Honolulu Lincoln Ashida, Esq., Corporation Counsel BRodillas-REZ07-066.jwd OS-14-07 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT FRANCIS AND MARTHA RODILLAS CHANGE OF ZONE APPLICATION (REZ 07-000066) FRANCIS AND MARTHA RODILLAS have submitted an application for a Change of Zone from an Agricultural 3-acre (A-3a) to a Family Agricultural 2-acre (FA-2a) district for 4.852 acres of land. The property is located along the northeast (makai) side of Akala Road, approximately 73 feet from the Akala Road - Kaumana Drive intersection and in the vicinity of Kaumana Cave, Ponahawai, South Hilo, Hawaii, TMK: 2-5-40:18. APPLICANTS' REQUEST 1. Proposed Action: The applicants are requesting a Change of Zone from A-3a to FA-2a for 4.852 acres of land to subdivide the property into two parcels, approximately 2+ acres each. The applicants intend to construct their home on one lot and reserve the other lot for their immediate family. 2. Supportive Information: The applicants, who are the landowners, have submitted the attached in support of the request. (Planning Department Exhibit 1 -Change of Zone Application) STATE AND COUNTY PLANS 3. GP LUPAG Map: Important Agricultural Land and a small portion in Low Density Urban. 4. State Land Use Designation: Agricultural. 5. County Zoning: A-3a. 6. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawaii lies within the Coastal Zone Management area. The intent of the Coastal Zone Management Program is to guide and regulate public and private uses in the coastal zone management area with respect to recreational resources, historic resources, public access to the shoreline, scenic and open space resources, coastal ecosystems, marine resources, economic uses, coastal hazazds, managing development, public participation, and beach protection. 7. Special Management Area (SMA): The SMA is a part of the Coastal Zone ATTACH: Cortm. 509 Bill 126 Management Program regulated by the County. The project site is not within the County's Special Management Area (SMA). DESCRIPTION OF PROPERTY AND SURROUNDING AREA 8. Subject Property: The property is 4.852 acres in size and is roughly rectangular in shape. The western boundary of the property borders Akala Road. There is an existing 3-bedroom dwelling constructed in 1961 located on the southwestern comer of the property. The remainder of the property is overgrown with Wainaku and California grass. 9. Surrounding Zoning/Land Uses: Surrounding properties aze zoned A-3a to the north, west and east. To the south aze properties zoned RS-15 along Kaumana Drive. Further south are properties zoned A-la. Uses in the immediate area include residential and agricultural activities. 10. ALISH: Prime Agricultural Land. 11. Land Study Bureau's Detailed Land Classi£cation System: Existing Urban Development and "C" or "Fair". 12. U.S. Soil Survey: Kaiwiki silty clay loam, 10 to 20 percent slopes (KaD). 13. FIRM: The majority of the project azea is located in Zone "X", an area outside of the 500-year flood area. There is a small area at the southern portion of the property in Zone "A". Flood Zone A is the Special Flood Hazard Area inundated by the 100-year flood where base flood elevations have not been determined. 14. Flora/Fauna Resources: There were no professional flora/fauna surveys conducted of the site. The applicants do not believe that rare or endangered floral or faunal resources are likely on the site, as the property has been previously used for sugar cane cultivation. The property is not known to be a habitat for any rare or endangered animal life. 15. Cultural/Historic/Archaeological Resources: Since the property was formerly used for sugar cane cultivation, no commissioned archaeological survey was conducted. By letter dated November 15, 2006, the DLNR-SHPD responded that DLNR-SHPD believes that "no historic properties will be affected" by this undertaking because intensive cultivation has altered the land, previous grubbing/gradinghas altered the land and this project is located in former cane lands and pasture. -2- 16. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the property. PUBLIC UTILITIES AND SERVICES 17. Access: Access to the property is from Akala Road, which is a County owned and maintained roadway that has approximately 18 feet of pavement within a 30-foot right- of-way. The City of Hilo Zone Map (Ordinance No. 187) identifies Akala Road as a proposed 60-foot right-of--way, with a future 15-foot road widening setback on both sides of the Akala Road. As the property is located along Akala Road, the applicants will be required to set aside a 15-foot future road widening setback along the portion of property that borders Akala Road. 18. Water: According to the applicants, County water is available for the proposed request. 19. Wastewater: As there is no municipal sewer system in the area, wastewater will be disposed of by individual wastewater systems meeting the requirements of the Department of Health. 20. Solid Waste: All waste generated by the project will be disposed of at appropriate sites designated by the Department of Environmental Management. 21. Essential Utilities and Services: All essential utilities are available to the property. Fire and medical services are available from the Kawailani Fire Station and police services are available from the Hilo Police Station. AGENCIES' COMMENTS 22. Department of Public Works: (Planning Department Exhibit 2 -May 10, 2007 Memo) 23. Department of Environmental Management: (Planning Department Exhibit 3 - April 19, 2007 Memo) 24. Police Department: (Planning Department Exhibit 4 - Apri125, 2007 Memo) 25. Fire Department: (Planning Department Exhibit 5 - Apri126, 2007 Memo) 26. Office of Housing and Community Development: (Planning Department Exhibit 6 - Apri127, 2007 Memo) 27. Department of Land and Natural Resources Land Division: (Planning Department Exhibit 7 -April 20, 2007 Memo) 28. Department of Health: (Planning Department Exhibit 8 - Apri125, 2007 Memo) -3- AGENCIES - NO RESPONSES 29. Department of Water Supply, Civil Defense, Parks and Recreation, DLNR Historic Preservation Division- State Historic Preservation Division, Natural Resources Conservation Service and Department of Education. PUBLIC COMMENTS 30. As of the date of this writing, the Planning Department has not received any comments or objections from the general public or adjacent landowners on the subject request -4- CI~I~i~E ()F Z®N~ APPIJICATIQN COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: FRANCIS H. RODILLAS & MARTHA A. RODILLAS APPLICANT'S SIGNATURE: DATE: 12/8/06 ADDRESS: 29 Akea Street, Hilo, HI 96720 LIST APPLICANT'S INTEREST IF NOT OWNER: Owners LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) 961-8251 (Martha) (Res.) 959-1743 (Fax) LANDOWNER(S): FRANCIS H. RODILLAS & MARTHA A. RODILLAS LANDOWNER SIGNATURE(S): DATE: 12/1/06 (Maybe by letter) LANDOWNER(S) ADDRESS: 29 Akea Street, Hilo, HI 96720 REQUEST: AG-3 TO FA-2a (Existing zoning) (Proposed Zoning) TAX MAP KEY: (312-5}0:18 STREET ADDRESS OF PROPERTY: 1486A Kaumana Drive, Hilo, HI 96720 y-. BSZ SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 4r?fi acres AGENT: NONE ADDRESS: N/A TELEPHONE:(Bus.) N/A (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: FRANCIS & MARTHA RODILLAS COPIES: FRANCIS & MARTHA RODILLAS Planning Dent. Exhibit ~ ATTACHMENT Agricultural 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 1 and then to question 3. y,$52 a. How many acres of the requested area do you intend to subdivide? 4!f6acres b Into what lot sizes? 2+acres 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? Imonth d. Do you intend to build houses on the newly created lots? vP~ If yes, please answer the following questions: On how many of those lots? 1 At what approximate price range? House $300,000 Lot $200,000 Total $500,000 Approximately how long, after approval of the subdivision, would the first house be available for occupancy? 2years 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 b• Sell or lease the land to someone who has tentative plans? Se11 or lease the land to someone who has no plans? d. Keep it? e. f• If you intend to do either a, b, c, please elaborate on the kind of plans the other party has. Please, also include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3• Do you think that your request and your further plans for the land will alleviate the local housing situation? Yes How? It will add much needed inventory to the region in an azea. 9. Are there any buildings on the subject area? Yes If so, what kind? One 3-bedroom home, wooden construction. What do you intend to do with those buildings if your request is approved? The home would remain on one of the 1+ acre lots; presently located at southwest end of lot. 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. The site has been used intermittently for farming after sugar industry closed. No activity in last l0+years. 6. Was your request to allow for the creation of smaller agricultural lots? Somewhat If so, did your plan include the following considerations? a. Commodity to be produced? No What kinds of commodity? b. Suitability of the proposed lot-size for that commodity? No t• Sufficient farm size to allow reasonable chance of success in commercial agriculture? No -2- i• Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? No Please state the proposed type of arrangement. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. The objectives were family subdivision and creation of 2+ acre sized lots for limited/backyard farming To your knowledge, has there been any flooding and/or drainage problem on the subject area? NO If so, please describe the problem. 8• Do you think that the roads leading to the subject area needs improvements? No If so, what kind? Is the road adequate for the proposed traffic volume or load? Yes 9• What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools R b. Roads X X Sewer d. Drainage X -3- Yes No e. Police Protection X X f. Fire Protection X 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 : Francis . R as & Martha A. Rcdillas Address: 29 Akea Strcet Telephone: (80859-1743 or (808)896.2845 Date : ~c~~* 27, 2006 -4- COUNTY ENVIRONMENTAL REPORT STATE LAND USE BOUNDARY AMENDMENT (Ag-3 to FA-2a) COUNTY REZONING REQUEST FRANCIS H. RODILLAS and MARTHA A. RODILLAS 1486A KAUMANA DRIVE, SOUTH HILO, HAWAII TAX MAP KEY: (3)2-5-40:18 I. INTRODUCTION Francis a~d~artha Rodillas (hereinafter, applicants), are requesting to rezone a 4 nacre parcel from Agricultural-3 (Ag-3) to Family-Agriculture (FA-2a) district. Concurrently, the applicants are proposing to redesignate these 4.76 acres from Agriculture, respectively, to Family-Agriculture (FA- 2a). The property is located at 1486A Kaumana Drive, South Hilo, Hawaii and is identified by TMK: (3)2-5-40:18. (See Attachment A.) It is situated about .6 of a mile makai of Kaumana Elementary School site and approximately 100 feet hamakua from Kaumana Drive on Akala Road. y,gs'z_ If approved, the applicants intend to subdivide the 4.~5-acre parcel into a maximum of 2 (two) lots, consisting of 2+ acre each. They then plan to construct their home on one lot, while reserving the remaining lot for their immediate family. It should be noted that the above proposed subdivision will not eliminate future potential for farming or agricultural activities on the parcels. For many years, this property was used for sugar cane crops. Since the demise of the sugarcane industry, and a few periods of backyard gardening, this property has been overgrown with California grass and weeds. II. PROJECT LOCATION The subject area is located at 1486A Kaumana Drive. More specifically, it fronts Akala Road on the west side, starting at approximately 100 feet north of Kaumana Drive. Both Kaumana Drive and Akala Road are County roads with Akala Road intersecting Kaumana Drive just west of the 4-mile marker and .1 mile below Kaumana Caves. (See Attachment B) 1 III. PROJECT DESCRIPTION A. Proiect Concept and Components As noted earlier, the applicants purchased the lot with the intention of constructing their home on the site. However, because the area is too large, the applicants wish to do a 2-lot subdivision and convey the remaining lot to their immediate family. This would be consistent with the rural/agricuRure character of this area. After due consideration, the applicants believe that, doing a 2+ acre lot development would be workable. The applicants are second generation to live in this area. As we all know, the cost of land and housing in Hawaf i increases daily and has presently reached prices that are not affordable to everyone. The approval of this application would greatly assist the applicant's immediate family in securing a place for our family to continue to live in Hawai i. Given the above, the applicants would like to proceed with the development of this site into two 2+ acre sized lots. Tentative plans for the subdivision call for one (1) access point from Akala Road Road. This point would provide access to the lot. (See Attachment C) 4: Bri- Accordingly, the applicants are proposing to rezone the 4:~f-acre area from Agriculture-3 (AG-3) to Family-Agricultural (FA-2a). It is understood that the subdivision plan submitted herein may change prior to receipt of final subdivision approval to accommodate County subdivision requirements and appropriate conditions of approval. B. Proiect Timetable and Cost The applicant hopes to secure the necessary County rezoning approval as soon as possible and begin the subdivision process immediately thereafter. Tentatively, the applicants hope to have the land subdivided before the end of 2007. The estimated on and off-site cost of improvements would be nearly $250,000 due in large measure to the installation of approximately 130' right-of-way, a single private driveway off of Akala Road to 2 entedexit the parcel, the installation of a water meter for this parcel and the installation of utility poles, if necessary. IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use ~I-.8SL Theme acres of the subject property are designated Agriculture.. The entire area is proposed to be reclassified into the Family- Agricultural (FA-2a) district. Based on the size of the requested area, no State Land Use Commission action is required. The County of Hawaii can process the State Land Use boundary amendment and rezoning requests. B. County General Plan The County General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the site Important Agricultural Lands. Certain areas that could have been classified as Important Agricultural Lands, have been placed within Urban Land Use categories. This property is adjacent to existing urban areas. This represents a decision that the orderly development of those urban areas justifies the eventual conversion of those lands to urban use. The subject property is presently adjacent to an existing urban area. The maps at the Planning Department presently include a "dotted- line" through the subject property. This "dotted-line" represents a boundary for possible urban development. Based on the requested Family-Agricultural (FA-2a) designation, the project would be consistent with the General Plan and no amendments would be required. C. County Zoning The County zoning of the subject property is Agricultural-3 (AG-3). Properties in the general area are zoned AG-1, AG-3, RS-10 and RS- 15. Properties north, west and east are zoned AG-3. If approved, the site would be subdivided pursuant to the Zoning and Subdivision Codes. Further, all uses and standards consistent with the requested FA-2a zone would be adhered to. D. Relationship to SMA Objectives and Policies 3 The site is not located within the County Special Management Area (SMA). As such, no SMA Use Permit would be required. However, as the entire island falls within the State Coastal Zone Management (CZM) Area, some discussion of the request's relationship to the CZM Program is found in Chapter IX, Regulatory Analysis. E. Other Permittina Requirements As noted earlier, other permits would still be required. These would be of the "ministerial" variety, such as Subdivision Approval, possible Underground Injection Control (UIC) permit, and the like. V. ENVIRONMENTAL CONSIDERATIONS A. General Descriation The subject parcel is located on the eastern slope of Mauna Kea, approximately four (4) miles from the ocean. The parcel is gently sloping in the west to east direction. The elevation here is approximately 900 feet above sea level. The mean annual rainfall in this area is approximately 120-180 inches. The wetter months tend to occur between December through April. The mean annual temperature is about seventy (70) degrees Fahrenheit to the lower 80's. Because the site is situated on the windward side of the island, winds fend to be trade and variable. Slight northeasterly winds occur during the day, while westerly or mountain winds are prevalent during the evenings. The subject parcel is somewhat rectangular in shape. Its longest and straight side is on the north side of this property and 677 feet in length. The second longest side fronts Akata Road and is 666 feet long and has a slight dogleg. The east side boundary is 465 feet and the south end boundary is 233+ feet. The site has a 3-bedroom dwelling constructed on the southwest corner of subject property. If this request is approved, this dwelling would be completely situated on the southern most proposed 2+ acre lot. The remainder of the property was formerly cleared and planted in sugar cane. However, it is presently overgrown with weeds common in this area, such as the "Wainaku" and "California" grass. 4 B. Soils and Topographv The topography of the site slopes slightly in a mauka (west) to makai (east) direction. The USDA Soil Survey Report identifies soil on this site as "Hilo Series (HoC). This type of soil is characterized as being well-drained, silty clay loam. The surface layer isdark-brown silty clay loam about 12 inches thick. The subsoil is about 48 inches thick and consists of dark-brown, dark-reddish brown silty clay loam. Permeability is rapid, runoff is slow, and the erosion hazard is slight. The Land Studv Bureau Overall Master Productivity Rating for the subject area is essentially Class "N & C". Part of the site is classified "C" which means "fair productivity potential"; the remaining portion of the site is classified as "not classified". It is of the Hilo/Wailea soil series, with deep soil. The soil texture is moderately fine, the color is dark brown, and the parent material is volcanic ash. It is well drained but moist and is moderately suited for machine tillability. The southernmost part of this property is however covered with lava rock. (See Attachment D.) The _State of Hawaii's Agricultural Lands of Importance to the State of Hawaii (ALISH) maps classify this site as being "Important Agricultural Use". Under this system, the subject site is classified as "Prime" due to its prior sugar cane use. (See Attachment E.) C. Natural Hazards 1. Drainage The US Corps of Engineers' Flood Insurance Rate Map (FIRM) designates majority of the subject site to be located in Zone X, areas outside the 500-year flood plain and some of the area to be located in Zone A. (See Attachment F.) There is a drainage ditch, put in by the County of Hawaii, along the Akala Road frontage. The ditch ends approximately 180' from the southwest end of the subject site and water ran from this point of the property to the east end of the property during heavy rainfall. Diversion of water in areas above Akala Road (i.e. Akolea Road to accommodate construction), has limited the amount of water diverted to this drainage ditch to run-off from Akala Road only, being very minimal even during heavy rainfall. 5 This will be incorporated into the design of the subdivision and not be interrupted. 2. Tsunami Hazard As the site is located over four (4) miles from the ocean, it is located outside of the Civil Defense's Tsunami Evacuation Zone. 3. Volcanic and Earthquake Hazards The United States Geological Survey (USGS) classifies the area as Lava Flow Hazard Zone 3, on a scale of ascending risk 9 to 1. The populated area of Hilo also falls in this category. There is very little that can be done to mitigate this situation and reflects an ongoing threat to all residents and businesses in these areas. The entire island of Hawaii falls within Earthquake Zone 4, according to the County Building Code. As such, certain structural requirements will be needed and taken during the building permit process to address this seismic hazard. D. Ftora/Fauna The original botanical resources of the subject site were removed during the sugar plantation era. What is left today are weeds that are typical of this area such as the "Wainaku" and "California" grass. As such, the applicants do not believe that rare or endangered floral or faunal resources are likely to be found within the subject site. Given the site's proximity to residential areas, it is unlikely that it would serve as a habitat for any rare or endangered animal life. Given its elevation, however, it may be possible to find the Hawaiian Hawk 1'0) and the Hawaiian Owl (Pueo). E. Historic/Cultural/Archaeological Resources As the site has been cleared and used for sugar cane in the past, no commissioned archaeological survey of the site was made. The former clearing makes it less likely to find any archaeological features on the site. 6 Further, in conjunction with a rezoning request filed by the applicants for a RA-1a zone, in a letter dated November 15, 2006, the State DLNR-Historic Preservation Division made a "no historic properties will be affected" determination. Furthermore, during the course of improving the site, should any unanticipated archaeological features or sites be uncovered, work will cease and the applicant will immediately notify the Planning Department. F. Valued Cultural Resources 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. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated tradition and customary practices of this site. In this situation, the subject site is not adjacent and/or proximate to the shoreline. As such, gathering of marine life and coastal access is not an issue. It is not known whether the subject or immediate surrounding area was used in the recent past for the gathering of plants by native Hawaiians. However, as the site has been used for sugar cane in the past, it would appear unlikely that the site would serve such purpose today. In the unlikely event that legitimate gathering claims are made by native Hawaiians, the applicant intends to respect and honor such claims and provide the needed access within the site. Based on the above, it does not appear that the project would have any potential adverse impact relative to the cultural and historical resources of the area. G. Water and Coastal Resources The subject site is located well over four (4) miles from the coastline. As such, coastal impacts resulting from discharge of wastewater systems from the site should not be sign cant. Further, being anon- coastal property, no coastal access will be affected. Wastewater from the project will be serviced with a private sewer system meeting with the approval and requirements of the State 7 Department of Health. This will either be a cesspool, septic tank or related system. H. Noise. Air Quality, and Dust Akala Road will serve as the main access to this project from Kaumana Drive. The existing ambient traffic level in this area is quite low. As such, the corresponding noise level is quite low. With the completion of this project, the noise level is not anticipated to increase. There may, however, be short-term noise impacts associated with the construction of the infrastructure (such as water service lateral and driveway access improvements) for the proposed subdivision. Contractors will be required to comply with appropriate noise and related mitigation measures of the State Department of Health. The proposed development should not generate any direct air quality impacts. The only discernible air quality impact could be associated with the vehicular traffic to and from the site. While there will be an impact to the ambient air quality, the impact should not be significant, as the project will REDUCE the density by over 300 percent (25 to 6). Further, with higher EPA standards for automobile air emissions, the air quality impact should thus hopefully not be sign cant. As such, with the exception of construction dust in the beginning, long term dust generated by the project should be minimal. Construction dust, however, like construction noise will have to comply with the State Department of Health's regulations. I. Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there are sites or areas listed as being a scenic resource. The subject site is not listed as a scenic site. However, there were a few examples cited in the Hilo area. The most notable is the backdrop of Mauna Kea and the Hilo Bay. The proposed development would not have any visual impacts on Mauna Kea or Hilo Bay. The site is located more on the lower end of Mauna Kea and is not visible from the Highway. Furthermore, the normal residential height of 30 feet should not interfere with the view of Mauna Kea. 8 VI. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses The land uses in this area are a mixture of urban/residential and agricultural. The urban area is located on the Puna side of the subject property along Kaumana Drive. The area to the north is a residential area with fruit trees, while there is property overgrown by natural vegetation that include fruit trees mauka or west of the subject area. This property is zoned Ag-3. There are also single-family residences located south of subject property zoned RS-15. Properties south of subject properties are zoned AG-1. The area east of subject property consists of natural vegetation and asingle-family residence zoned AG-3. The downtown area of the City of Hilo is located less than five (5) miles to the east. There are many urban uses proximate to the site in and around the district of Kaumana, including Kaumana Elementary School, Kaumana Caves, Crivello's Store, Kaumana Baptist Church and Preschool and Ainako `76, etc. Given the existing and zoned conditions, the proposed development would not be incongruous with the emerging Family-Agricultural pattern of this area. B. Economic Imaacts The requested zoning would have some measure of economic impact, as it would enhance the potential for the subject site to be more intensively utilized as a small backyard farm. Further, there will be some small short-term construction activity. And this could help with the area's economy. C. Aariculturallmaacts As noted earlier, the site has not been intensively used agriculturally since the demise of sugar. Given some of the surrounding agricultural uses and the soil characteristics, however, its potential to be more intensively used exists. Allowing the applicants to rezone and subdivide the property into smaller agricultural lots could enhance the site's agricultural potential. It would certainly not diminish it. The site 9 would also be more manageable from a size standpoint (2+ versus 4.~§ acres). y , $.S3 The applicants' proposal could thus help foster the agricultural objectives by making available small-sized agricultural farm lots. In other words, the proposed lots can still be used for farming or agricultural activities. VII. INFRASTRUCTURE CONSIDERATIONS A. Road Immediate access to the project would be via an existing County road called Akala Road. This road has a 30-foot wide paved section that extends from Kaumana Drive to a dead-end. The unpaved shoulders have a width of at least 3-5 feet on both sides. In this general area, Akala Road has aright-of--way of 60 feet, with at least a 30-foot pavement. There is adequate sight distance in the area of the existing access, an additional access to the second parcel if approved, would also allow for adequate site distance while entering or exiting Akala Road. (See Attachment B.) Further, access from Akala Road onto Kaumana Drive will be no problem. This is supported by the recent opening of the Puainako Street extension to Country Club Drive which now accommodates the flow of most of the traffic traveling to and from the Hilo town to upper Kaumana and Saddle Road destinations. B. Water County water is presently available to the single residential structure on subject property. One additional water meter is needed to accommodate the new parcel. The Department of Water Supply has indicated that one additional water meter is reserved for this property. C. Wastewater There is no County wastewater system in this area. As such, a septic tank or cesspool system meeting with the approval of the Department of Health will be allowed. This will be done by the applicants and/or 10 respective landowner in conjunction with the issuance of a building permit for a dwelling. D. Solid Waste Solid waste will be handled through commercial haulers or the individual homeowners into authorized landfill sites or transfer stations. With the requested FA-2a zoning, the potential for uses associated with toxic or related chemical waste would be minimal, if at all. It should be noted that the applicants intend to retain most of the vegetation on the site and use if for composting for their property. Thus, waste from this project would be equal to a domestic use. E. Other Government Services As this area is already part of the City of Hilo area, it is already being serviced. No extension of government services would be required. The nearest fire station is located less than 4 miles from the site and the main police station is located less than 5 miles from the site. In this area, the elementary school is located approximately .5 mile from subject property. Middle and High Schools are available in Hilo, less than 4 miles away. Numerous County parks are available in proximity to the subject property. As such, the project should not result in the extension of any government services. Further, the required public facilities are located reasonably proximate to the subject site. F. Other Utilities All other utilities such as telephone, cable, and electrical services are available to the site. VIII. IMPACT SIGNIFICANCE ANALYSIS A. Relationship Between Local Short-Term Uses of Environment and Maintenance and Enhancement of Lons~-Tenn Productivity If the request were denied, the short-term use of the site would probably continue in low level agriculture or lay fallow. The applicants may eventually construct one dwelling on the site and may elect to do limited agricultural activity on a portion of the site. 11 Given the Agriculture zoning of properties north and west of the subject site, aFamily-Agricultural subdivision would provide for a reasonable land use transition. From along-term productivity standpoint, then, the proposed 2-lot subdivision would provide a heightened level of possibility in having the land used for a little more agricultural activity by individual parcel owners. B. Irreversible and Irretrievable Commitment of Resources The subject site is already disturbed. As such, the project should not result in an irreversible commitment of natural or archaeological resources. The soil on the parcel has been classified "N & C" "not classified" and "fair" by the Land Study Bureau, representing fair agricultural potential. The property has been non-productive for the last 10+ years and lays covered by the existing weeds ("California" and "Wainaku" grass). It is thus maintained that the creation of the 2-lot subdivision should foster and enhance, instead of remove this land from its more intensive future agricultural potential with individual parcel owners farming at minimum for personal consumption. C. Mitigative Measures Should unanticipated archaeological finds be discovered in conjunction with any further development of the site, work will stop (as is required by the State and County) and clearance secured before work is resumed. There is an existing drainageway on the western portion of the property along Akala Road. This will be taken into account in developing the subdivision. Furthermore, any and all required grading or grubbing work will be done in conjunction with the required grading/grubbing permits and/or approved Soil and Water Conservation District agricultural plan. This is to assure that the development of this site does not adversely affect the drainage of the surrounding areas. Finally, no person or businesses will be dislocated by this project. 12 D. Alternatives to the Proposed Project 1. No Proiect Under the status quo alternative, the site will continue to remain in its fallow state. The site could also be sold to one who may be interested in farming the site or developing it pursuant to the existing AG-3 zoning. The applicant is not interested in this alternative. Given the present mixture of land uses and lot sizes in this area and proximity to urban areas, the site may not be utilized to its fullest agricultural potential if developed under the existing agricultural-3 zoning. The requested FA-2a rezoning would increase the potential for agricultural farming with an additional owner. 2. Alternative Density Under this alternative, the applicants could seek a less intensive zoning, such as FA-1a. This zoning category would then be consistent with the adjoining AG-1 zoning on the north side of the subject site. Such an approach would be compatible with the policy of trying to foster more family-oriented type of agricultural activities, in this area. 3. Evaluation of Alternatives The project's impacts to the area's social and physical infrastructure would not appear to be pronounced. Certain mitigative measures will be taken to address any possible impacts associated by the development of this project. Further, the project would tend to support the land use objectives sought to be accomplished by the County General Plan LUPAG map. Specifically, it would provide for a more orderly land use transition than the existing AG-3 zoning. In view of the aforementioned, it would appear that the FA-1 a alternative would be more prudent and beneficial than the requested FA-2a. However, due to the limited water resources, 13 the FA-2a rezoning appears to be the only potential rezoning available at this time. IX. REGULATORY ANALYSIS A. General Plan LUPAG Mao The General Plan provides for the long-range comprehensive development of the island of Hawaii. It provides direction for balanced growth in the County. The LUPAG map designates the site lmportantAgricultuie Land. This designation allows the requested FA-2a zoning without a General Plan amendment. B. General Plan Polices The requested zoning would be consistent with the goals, policies, and standards of the General Plan document. For one, it may provide limited short-term economic opportunities largely through the construction of any improvements required for the subdivision. More importantly, however, longer-term opportunities would be created largely in the form of small-scale truck crops by more individual parcel owners. In so doing, the resultant project should add revenues to the County and State coffers. The project intends to be energy conscious through the use and/or encouragement of solar energy and design features to take advantage of wind patterns. Maintaining and improving the quality of the environment is important to the success of this project. The General Plan identifies five (5) areas of environmental concerns -air pollution, water quality, soil pollution, solid waste disposal, and noise pollution. As proposed, the project would not be violative of any of those objectives. Aside from vehicular transmission, air pollution associated with the project should be negligible. All wastewater systems would be consistent with the requirement of the State Department of Health. This should be sufficient to address any potential groundwater or coastal water impacts. If required, a solid waste management plan could be prepared and implemented. The project will also not be a noisy one, except as may 14 be associated with intermittent farming operations. Any noise- generating facility -such as air conditioners -would be carefully placed to minimize their noise impacts to adjoining properties. Further, it is unlikely that this site would be used as a fruit or vegetable processing plant, as it would be more economical to send the products elsewhere. Only a small portion of the project area falls within any floodway. Nonetheless, if required, a drainage system will be designed in a manner to protect the property as well as to minimize the volume of surface runoff generated by this development. The site does not appear to have historic sites, and a "no historic properties affected" determination was made by the State DLNR- HPD. It was previously extensively cleared and actively cultivated with sugar cane. Nonetheless, work will cease if unanticipated archaeological remains are discovered while developing and/or using this property. Work will resume only after proper clearances from the State and/or County have been received. Being previously under cultivation, the prospects of the site serving as a habitat for rare or endangered plant or animal life appear remote. As the FA-2a zoning would allow a residence, the project will indirectly fulfill the objectives of the housing element by creating an additional lot. This project would provide an additional lot while still enhancing the site's agricultural potential. Furthermore, in implementing an affordable housing requirement, more housing opportunities should be created. The Plan also emphasizes that developments be mindful of an area's natural beauty. In this situation, the project has been and will be used in a manner where it blends with the rural ambience of the surrounding area. As the project site is more than four miles from the ocean, the usual coastal resources concern is not pronounced. There will be no interference with shoreline access. Then, too, through the use of cesspools or septic system or other acceptable form of wastewater system, impacts to the coastal water will be minimized. There will be little impact to public facilities. The wastewater system will be private. The water system will be developed in a manner 15 meeting with the requirements of the Department of Water Supply. Akala Road is a County road and well-maintained leading up to and past the subject site. Schools and other public facilities are also located proximate to the site, most of them being less than four (4) miles away. Finally, in terms of the Land Use and Agricultural elements, the pertinent goals, policies, and standards of the General Plan note the following: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County • Protect and encourage the intensive utilization of the County's limited prime agricultural land • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need • The compatibility of agricultural and non-agricultural uses should be carefully reviewed and where appropriate, buffers required • Rural-style Family-Agricultural developments, such as new small- scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations • The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment • Agricultural land shall be used as one form of open space or green belt. Admittedly, the requested zoning is not specifically consistent with the Important Agricultural Lands designation of the LUPAG map. However, it is generally compatible with the surroundinsl area and 16 does not foreclose an option in the future for more intensive development. There is RS-10, RS-15 and AG-3 zoned properties proximate to the subject site. Thus, the requested FA-2a zoning would provide a good buffer between the larger agricultural lots and the urban sized lots. Although the soil of the site is classified "N" or "not classified" and "C" or "fair", lt does have agricultural potential, as evidenced by the grass and weeds on the site. This request should thus encourage more intensive agricultural activities on the site. This lot size would be conducive for not only the applicants but make another lot available to one who wishes to do some subsistence farming in aquasi-residential setting. The property has no severe topographic or geologic problems that would render the land unusable for the proposed subdivision and activity. C. Zoning and Subdivision The designated zoning of the site is AG-3. Should the FA-2a zoning be approved, the requirements of the zoning and subdivision codes relative to lot size and use would be complied with. It should also be noted that Section 25-5-60 of the Zoning Code describes the Family-Agricultural district as one which "provides for a blend of small-scale agricultural operations associated with residential activities and which maybe characterized by farm estates, small acreage farms, or subsistence lots. The FA district is intended to be in areas designated as being within the State land use agricultural district, where public services and infrastructure are appropriate to support the very low density residential needs of a rural community and where substantial numberof parcels are less than five acres in size, and when: a mix of uses will not conflict with or be detrimental to existing agricultural uses in the surrounding area. In addition, this district is intended to be primarily comprised of agricultural lands less than five acres in area, which are not classified as A or B lands under the land study bureau's master productive rating, or classified as prime, unique, or other important agricultural lands. Provided, that this district may include lands so classified if the lands are situated within an urban expansion or other urban designation under the general plan land use pattern allocation guide (LUPAG) map." (See Attachment G.) Part of this property is within the proposed urban designation. 17 In terms of lot size, the requested FA-2a zoning would not re- characterize this area to a "city-like" concentration of people or structures although smaller lots are located to the south side of this property. In this general area, the lost ranged between 10,000 square feet to 3 acres. There are also some small, albeit not intensive farms, in this general area. D. State Land Use Rural Standards As the requested area covers less than fifteen (15) acres, the County can process the request. Pursuant to the Planning Commission Rule No. 13, the request must meet certain standards. These standards and their just cation follow: 1. Conformity to the General Plan The project's relationship and conformity are demonstrated in sections IX A and B above. 2. Relationshia to State Land Use Rural District Standards Chapter 205-2 (c), Hawaii Revised Statutes, states that "Rural districts shall include activities or uses as characterized by low density residential lots of not more than one dwelling house per one-half acre, except as provided by county ordinance pursuant to section 46-1i(c), in a?sas where "city-like" concentration of people, structures, streets, and urban Ieve1 of services are absent, and where small farms are intermixed with low density residential lots...." Pursuant to that requirement, the State Land Use Commission's Rules outline the standards for determining the Rural district boundaries (Section 15-15-21). Their relationship to this request is noted as follows: a. Areas consisting of small farms The lots in this general area represent a mixture of land uses and land area. There are lots as small as 10,000 square feet to 3 acres. While there are some small farms -albeit not intensively cultivated - in this area, for the most parts, lots in this area are used more for residential than agricultural purposes. This may be due 18 in part to a number of factors, such as lifestyle or economic. Nevertheless, aside from the urban type of lots on the south side, most of the surrounding lot sizes including the proposed 2+ acre lots, would be conducive or suitable for small farms. There are a few small farms in this area. The proposed lots within this project could also provide that activity. In so doing, it would increase the overall number of small farms in this area and further this "small farm" objective. b. Low-density residential character This criterion or standard calls for "Activities or uses as characterized bylow-density residential lots of not less than one-half acre and a density of not more than one single-family dwelling per one-half acre in areas where "city-like" concentration of people, structures, streets, - and urban level of services are absent, and when: small farms are intermixed with the low-density residential lots." As noted earlier, the requested land area of 2+ acres would be consistent with this standard. Furthermore, this area is characterized by a mixture of lot sizes. There are low-density residential lots in this general area, with lots as small as 10,000 square feet. Then, too, there are somewhat larger lots (up to 3 acres) that have the capability of being used more intensively for small farms. While the area south of the subject site does have a "city-like" concentration of people or structures, it is still more of a "small residential neighborhood" character rather than a typical urban subdivision. Thus, given the absence of "urban" characteristics and the presence of a few small farms plus the potential for more with this, this project would be consistent with this standard. 19 c. Inclusion of contiguous aarcels not suitable for low- densiri residential uses for small faun or agricultural uses This criterion is not really applicable. The rules read that the rural district boundary "may also include parcels of land which are surrounded by, or contiguous fo this (rural) district, and are not suited to low-density residential uses for small farm or agricultural uses. " This request, if approved, would still leave the subject property as Agricultural (Ag-3 to FA-2a) and would still be consistent with the surrounding neighboring properties. As such, it would not be contiguous to or surrounded by other Rural districts. If approved, it could serve as the basis for other properties to be reclassified to "FA"type zoning. E. Relationship to SMA Objectives and Policies The site is not located within the County Special Management Area (SMA). As such, no SMA Use Permit would be required. However, as the entire island falls within the State Coastal Zone Management (CZM) Area, some discussion of the request's relationship to the CZM Program follows. The site is not adjacent to the ocean. It is more than a mile from the shoreline. As such, the proposed action should not have any adverse impacts on the area's coastal recreational and marine resources nor have any impacts on beach protection. The likelihood of this improvement having any impacts to the area's historic resources is remote. As the site was previously cleared, it would not appear that there are any archaeological features within the area of the proposed improvements. A "no historic properties affected" determination of this site has been made by the State DLNR-HPD. Nonetheless, should there be any inadvertent finds during construction of the project; work will stop until clearances are received from the appropriate County and State agencies. The proposed action will involve the construction of improvements in a rural-agricultural setting. Accordingly, there is a potential visual impact to the area's scenic and open space resources. However, the project would involve the construction of only one single-family 20 dwelling on the respective lot. Further, the site is not readily visible from Kaumana Drive thus any visual impact to the near or off shore waters as well as to slopes of Mauna Kea would be minimal, if at all. Relative to the Coastal Ecosystems, impacts should be negligible, if at all, as the site is located well over a mile from the ocean. Notwithstanding the distance, the nature of the project - residentiaUagricultural -and the construction of only three (3) private wastewater systems are such that potential coastal ecosystem impacts would usually not be found. The proposed action will result in creating the potential for small-scale agricultural farm lots in this area. Although initially limited to the applicants and their immediate families, this should nevertheless still provide additional opportunities for farming. In so doing, the project could aid the agricultural economy and the overall economic use of this site and the area in general. Because of its distance from the shoreline, the site should not be subject to coastal hazards. Relative to the managing development objective, this function is more applicable to the "authority" or approving agencies. However, it is noted that the request would operate and be constructed within the scope of the Zoning Code. The subject site would be zoned FA-2a, and the requested use and design/parameters (parking, height, setback, etc.) would be consistent with said zoning. In that regard, the project would be consistent with this policy. Finally, in terms of the public participation objective, this is generally a public agency function. This is achieved through the Marine and Coastal Zone Management Advisory Group (MACZMAG) and the public hearing process required pursuant to the Planning Commission's Rules and County Council's meetings on this application. Notices of this application will be sent by the applicant to surrounding property owners of the submittal of the application, and again, prior to the public hearing. A sign would also be posted on the property, notifying the public of this application. Based on the foregoing, it is concluded that the requested improvements would be consistent with the objectives, policies and guidelines of the Coastal Zone Management Policies, as outlined in Chapter 205-A-23, HRS and Planning Commission Rule No. 9 relating to Special Management Area. 21 ATTACHMENT "A" L or „ RS36 STATE OF HAWAII r ' BUREAU OF CONVEYANCES a ~ RECORDED AUG 24, 2005 08:01 AM Doc No(s)2005-167336 IINII I„INN r OIIIIII~pItl~III1IIIIIIIIIIIII~IIq~ REOISTRARLOF CONVEYANCES tltltl IIR '1 CTax (15): 5593.30 20 1N Z6 LAND COURT SYSTEM / REGULAR SYSTEM FAM Return by Mail ()Pickup To: HRST AMERICAN TITLE COMPANY, INC. 18q~'~~J 1438 IOlausa Aw., Sts 1 Hilo, Hawaii 96720 TITLE OF DOCUMENT: WARRANTY DEED TITLE OF DOCUMENT: Grantors: PEGGY F. SHIMIZU, Trustee of the Peggy F. Shimizu Revocable Living Trust dated May 8, 1995, as to an undivided %s interest, and AKIO SHIMIZU, Trustee of the Aldo Shimizu Revocable Living Trust dated February 15, 1995, made by Akio Shimizu as Settlor, as to an undivided Ys interest, both with powers to sell, lease, mortgage and other powers; Grantees: FRANCIS HERBERT RODILLAS and MARTHA ANN RODILLAS, husband and wife, whose address is 78 Akala Road, Hilo, Hawaii 96720. Affects: TMK (3rd} 2-5-040: 0 t 8 This document ,~j~ contains Ifl \ pages. 1 1- , WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: That PEGGY F. SHIMIZU, Trustee of the Peggy F. Shimizu Revocable Living Trust dated May 8, 1995, as to an undivid~ h interest, and AKIO SHIMIZU, Tnutee of the Akio Shimizu Revocable Living Tnrst dated February 15,1995, made by Akio Shimizu as Settlor, as to an undivided interest, both with powers to sell, lease, mortgage and other powers, both of whose address is 187 Kapiolani Street, Hilo, Hawaii 96720, hereinafter called the Grantors, for and in consideration of the sum of TEN DOLLARS ($10.00) and other valuable consideration to them in hand paid by FRANCIS HERBERT RODILLAS and MARTHA ANN RODILLAS, husband and wife, whose address is 78 Akala Street, Hilo, Hawaii 96720, hereinafter called the.Grantees, the receipt whereof is hereby acknowledged, have sold and by these presents do hereby bazgain, sell, assign, convey and transfer unto the said Grantees, as tenants by the entirety with right of survivorship, all of the property described in Exhibit A attached hereto and by reference made a part hereof. TOGETHER, with all and singulaz the improvements, tenements, rights, easements, privileges, hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof. TO HAV E AND TO HOLD the same unto the said Grantees, as tenants by the entirety, to the survivor of them, and to such survivor's heirs and assigns, forever. And the said Grantors do hereby covenant to and with the said Grantees, their heirs and assigns, that they are seized in fee of the said granted premises; that they have good right and lawful 2 authority to sell and convey the same; that the same is free and cleaz of encumbrance of every kind and character, save and except as noted on said Exhibit A; and that they will and their respective heirs, successors and assigns shall WARRANT and DEFEND the title thereto against the lawful claims of all persons whomsoever. Grantees acknowledge that the Property is being sold "AS 1S", with knowledge of the conditions disclosed by Grantors and/or discovered during inspection(s) of the Property. Grantees understand and agree that all land and improvements, (including but not limited to the roof, walls, foundations, soils, plumbing, electrical and mechanical systems, etc.) real property, and personal property (if any) will be sold in Existing "AS IS" Condition, WITHOUT WARRANTY OR REPRESENTATIONS, EXPRESSED OR IMPLIED except as may be otherwise stated herein. The parties hereto agree that this instrument maybe executed in counterparts, each of which shall be deemed an original, and said counterparts shall together constitute one and the same conveyance, binding all of the parties hereto notwithstanding all of the patties are not signatory to the original or same counterparts. For all purposes, including, without limitation, recordation, filing and delivery of this instrument, duplicate unexecuted and unacknowledged pages ofthe counterparts may be discarded and the remaining pages assembled as one document. IN WITNESS WHEREOF, the said Grantors and Grantees have hereunto executed these presents on this ~ day of ~ , 2005. PEGGY F. SHIMIZU, Trustee of the Peggy F. Shimizu Revocable Living T,msJtdate~,d/,May 8, 1995 / JAME J. RO ERS and or LINDA D. ULRICH Her Attorney in Fact 3 C~- AKIO SHIMIZU, Tru a of the Akio Shimizu Revocable Living T dated February 15, 1995 Made by Akio Shimizu as Settlor GRANTORS FRANCIS HERBERT RODILLAS MARTHA ANN RODILLAS GRANTEES 4 AKIO SHIMIZU, Trustee of the Akio Shimizu Revceabte Living Tnist dated February I5, i 995 Made by Akio Shimizu as Settlor GR~1N7'ORS FRANCIS HERBERT RO L MARTHA ANN RODILLAS GRANTEES 4 a STATE OF ) Q~~~) SS: COUNTY OF -#PcW34~I q ) ' ' A.~L On this day of l X ~A WyII_ , 2005, before me personally appeared JAMES ROGERS and/or LINDA D. ULRICH, as Attorneys-in-Fact for PEGGY F. SHIMIZU, Trustee of the Peggy F. Shimizu Revocable Living Trust dated May 8, 1995, to me known to be the person described in and who executed the foregoing instrument as Attorneys-in-Fact for PEGGY F. SHIMIZU, Trustee of the Peggy F. Shimizu Revocable Living Trust dated May 8, 1995, and acknowledged that leg/~ executed the same as the free act and deed of PEGGY F. SHIMIZU, Trustee of the Peggy F. Shimizu Revocable Living Trust dated May 8, 1995. JEWELENE ~OR7ER G? ,p_( ~n ~ Pa COMM. M73S17S6 J W Newry°ubnae.uFSr,M. y Notary Public ~ cauN4r I ~ MyConu~.Ety.F~b11~10pS State of ~tawa.~i. Jww My commission expires: ~C6. 2.OOq STATE OF HAWAII ) ) SS: COUNTY OF HAWAII ) On this day of 2005, before me personally appeared AKIO SHIMIZU, Trustee of the Akio Shimizu Revocable Living Tn~st dated February 15, 1995, made by Akio Shimizu as Settlor, to me known to be the person described in and who executed the foregoing instnunent and acknowledged that he executed the same as his free act and deed. (`lotary Fublic, State of Hawaii My commission expires: 5 STATE OF HAWAII ) SS: COUNTY OF HAWAII ) On this day of 2005, before me personally appeared JAMES J. ROGERS and/or LINDA D. ULRICH, as Attorneys-in-Fact for PEGGY F. SHIMIZU, Trustee of the Peggy F. Shimizu Revocable Living Trust dated May 8, 1995, to me known to be the person described in and who executed the foregoing instrument as Attorneys-in-Fact for PEGGY F. SHIMIZU, Trustee of the Peggy F. Shimizu Revocable Living Trust dated May 8, 1995, and acknowledged that he/she executed the same as the free act and deed of PEGGY F. SHIMIZU, Trustee of the Peggy F. Shimizu Revocable Living Trust dated May 8, 1995. Notary Public State of Hawaii. My commission expires: STATE OF HAWAII ) CC3UN7'Y OF ~I,4W'rkH ) On this day of AuG 1 8 2006; , 2005, before me personally appeared AKIO SHIMIZU, Trustee of the Akio Shimizu Revocable Living Trust dated Febmaty 15,1495, made by Akio Shimizu as Settlor, to me knows to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. AGE FL, NAkgs O:' pTA •O ~ Ry': m Ni;"AVBI.~G' Notary Fublic, 9lF OF NP~P State of Hawaii Nor YOPUB C,~FIRS7aUDIGLCC2cyt~ uy CO[IVi119S10n expires: STATE OF HA'~NRN COMMISSION EXPIRES: lanuarv 27 ~'1 5 STATE OF HAWAII ) SS: COUNTY OF HAWAII ) auc 1 0 2oa5 On this day of 2005, before me personally appeared FRANCIS HERBERT RODILLAS , to me known to be the persons described ' and who executed the foregoing ' tnunent and ackno edg that executed the same as free act and deed. r~, s+~r :`.,'~1 " svtM . Hoahira " , , Notaty Public, State of Hawaii MAY 2 8 2006 j ~ ~ My commission expires: State of Hawaii ) ss: County of Hawaii ) On this 11th day of August, 2005, before me personally appeazed MARTHA ANN RODILLAS, to me known (or proved to me on the basis of satisfactory evidence) to be the person described in and who executed the foregoing instrument, and acknowledged to me that she executed the same as her free act and de d. `\~r A Anne M. Hoshida , ~ L,S. Notary Public, State of Hawaii My commission expires: May 28, 2006 fi EXH]BTT A ALL OF THAT CERTAIN PARCEL OF LAND (BEING A PORTION OF THE LAND DESCRIBED IN AND COVERED BY LAND PATENT GitANT 4538 TO A. MACAULTON), SITUATE, LYING AND BEING AT PONAHAWAI, DI57RICT OF HILO, ISLAND, OOUNTY AND STATE OF HAWAII, THE SAME BEING A PORTION OF LOT NUMBERTWENTY TWO-A (22-A), RIGHT OF PURCHASE LEA58 N0.3, FIRST UWD DISTRICT, CONTAINING AN AREA OF 4.76 ACRES, MORE OR LESS, AND IDENTIFIED BYTAX MAP KEY NO. (3) 2-5-040-O1B-0000. NOTE: I7IS RECOMMENDED THAT AN UP TO DATE SURVEY BE MADE ON THE SUBJECT PREMISES. A PORTION OF THE PREMISES CONVEYED 8Y: (1) DEED RECORDED MAY S0, 1995 AS REGULAR SYSTEM DOCUMENT N0.95-062067 OF OFFICIAL RECORDS. GRANTOR: PEGGY F. SHIMTZU, WIDOW GRANTEE: PEGGY F. SHIMIZU, TRUSTEE OF THE PEGGY F. SHIMITU REVOCABLE LMNG TRUST DATED MAY 8, 1495, AS TO AN UNDMDED 1/2 INTEREST (2) WARRANTY DEID RECORDED NOVEMBER 4,1998 AS REGULAR SYSTEM DOCUMENT N0.9B- 165468 OF OFFICIAL RECORDS. GRANTOR: AKIO SHIMIZU, HL?SBAND OF 1OAN SHIMIZU GRANTEE: AK[O SHIA/IZU, AS TRUSTEE OF THE AKIO SHIMIZU REVOCABLE LIVING TRUST DATED FEBRUARY 15, 1995, MADE BY AKIO SHIMIZU AS SETTLOR, AS TO AN UNDIVIDED 1/2 INTEREST TMK(S): (3) 2-5-040-018-0000 ' 7 SUBJECT HOWEVER, to the following: 1 . Title to ail mfr~ral and metallic mines reserved to the State oP Hawaii. 2 _ A Grant of Easement for utlilly purposes,~in favor of Nawa6 Electric lJght Company, Inc. and Hawaiian Telephone Camparry (now Verlmn HawaB Inc.), recorded Ianuary 11,1984 as Book 17563 Page 54 of Offldal Records. 3 . Any and aN leases, subt~ses and/or tenancy agreements, the rights thereunder and encumbrances thereon. 8 ATTACHMENT "B" a ~k{'~~. 0 F ~~e~~ ~a , b' Vi 'i' r _ _ ~~~~i t - Rti ~J _z, Y 1 Ala - 1~ R'95 firR~.. . _ _ r ti Uj,~ - 5-t5~,,. - iiS ~5 Y i - 1, fi5 , M ~ T q J RS-ti3 ii~1 f ~8aµc+ w f Y ~t,~ f~ ~ ~ x. . fjf i~.. x 1 -k5 t~ ~ -4ti ~ ~iY$. - Vii,.. 4 ` y~~.t_ ~g - f A ~if y A S ~ _ _ vq - 1A f, `2 *z~~ - _ ~9'~ ~ sY . ~n a~41~'x yn5Ta s.s~ prY¢~-aus1 N J t k. ydy~~~3+"TM,yMrt.. amp r5~ti3~AP'~, ~ <'S~-ise Rs-~o ~ ~ 3 RS-SYS RS 10 - . R$'#!~ ' t~~ R9 10 X15-10 ~ RS 7A ~'~ss~ R5='IQ Ab 70 R6 141 a ,t~. ~'~ry ~ 4~ Q s x;~ ' ~ RS tO --~,i y ~ > a r 47 - -1 :2;~ - g C i 5 s r e , , 5 w . t ~ j ~ ! ~P~ ~t 3 a s ~ : ~sr ~ y s~'~#.'s ss.^ i `5~:. i tY ~ ~ i ~ ~ ~ ~ x~V' v `€*"-~`~x} %r z a. wdy xs~,i2 3'ff' g' ~ ~ t `~~-"py - t - r3~t r sYYi 4"_~t' Jw''~ ~ tt~ °r 4 ~t `k~~ t2~ v~d~t _ E~,~ ~ - tiv', ATTACHMENT "C" L cen. s~'I .O ~r _ ; 00 nj u 6 y/," O M c ~ o °tijN ~ $ ~ ~ N a o o c @ ° :z c ~ c3 00 ` °r" ~ ~ ~ O=p C.7= Ol r Q~e n> cMC° i rt d t rt a E e E ° v_ C ~ wQ ~ ~ co_ °s: EQi z ~°e° a i. c x~ j .N ~ O C~ ~ ° r 6o xx 3o Yc.~ ° D)~ ~ C t`o LEn= c owe n c r- C • e o._.-4 ~ E z iu ~ ~ 00 LQ eN0 V ° NJ ~ ~ ~ aO O °O l' uy~ ~ N ~ e u s x 1. O ` € - a "bJ• ~ O_ 6 N c L o x 9~ c : JL C j rIN . j m N O m fn .e.hy,a, a ncr ~.r ~a ~ •olsf 'a 'r I-r In BS'Zfl ~S8~~.Sff ZYZf-~ N ~ r, ~ Y ~ ~ g N •f y N C O H/< ` i ~ ~ Q p Ne a D • J ~ ~ M ~ ~ . y 6 N N „ 5 N i m a / a o° : ~ - ~ X66.°° 3 n NQ ~ ~Iy. 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S, r. ~ ~ ri ~ ~ ~t t~~€ a i q w~x~'yFaz4:~h „r-s• a l~-'~`~~?x+ '~`~€;2+Ct~lw '33„'~~{r~F#b ~~`~~a ~f~t~ € x43" 3"7,*r'r~a,>'~s`~* ?f~x~sy € 'SxC~ a &'sa~L S@`#.x {x 33 7n ak~~e:. x U y~~vs a ~y x Y~ f k V~ r J -S~~R+~T{inH T 4k a'£ 4., ~Y ~3 ~ v~h ~l ~ 1 p. r c ~ ~ V\~O 7 r. " P s r ~00 ~ ~ ~ $t ~1, O 1 Rg'S ~ 9 ~ ~ t 1 W ~ of a,-~~'`.,.v° 1~ Z~ t ~ w ~ o~ U ~ wi 9~A~A o,~2J ~9~~9 ~ ~ 2~ L~j ~ F 280'00' Sox ~ ~~A t2.oo 293.00' DRAINAGE EASEMENT "A" O~ ~ 20.77 (1,123 Sq. Ft. or 0.026 Ac.} pk) T9 ~ ~ ~~65 15~ OA W^ / Sj R ~`p0 ~ ° Nyo S° \ ooJ 2 e ~ ~~Zg• t ~ `Zp ao) ~ O~~ ,1,3' ,ZOp ~V~ld"'_ \ \ ~56ge9 ~`y ~ PH. MATSG O~V~ O2P LICENSED . PROFESSIONAL y~ LANO SURVEYOR R°oa i \ ~ * * 1 ~,o ` \ a \ ~ No. 5630 OWNERS OF l0T 2: \ \ This work was prepared by me Byron S. Fujimoto and \ \ \ under my supervision. Shirtry T. fwose T/C \ \ °/0 142 Puhili Street \ \ \ - ~~Z~ ' ~ ~ `~C Hila, HI 96720 ENGINEERING DIVISION DEPT. OF PUBLIC WORKS COUNTY OF HAWAII AIWA Rd1D-icnuwwA ORN>: DRHNAGE DRCN AND ROAD SHOULOQ2 REPNRS _ JOB NO. P-3228 suBMITTED BY: r Date 7/z7~~U DR/~NAGE EASEMENT "A" ENG IEERINO DMSION CHIEF BEING A PORTION OF LOT 2 (GRAM 10,388 TO (MRS.) R11CT FUJIMOTO) Date ~ 7/$ ~ PONAHAWAI HOUSE LOTS APPROVED BY PONAHAWAI, SOUTH HILO, ISLAND OF HAWAII, HAWAII CHI ENGIN oi,._ a.. o u n.._...., o... O u n..~e. i~a., n~ rnoc ATTACHMENT "G" s Hawaii Cosrnty Code §25-5-57 (1) Front and reaz yazds, twenty-five feet; and (2) Side yazds, fifteen feet. (1996, Ord. No. 96-160, sec. 2; ratified April6, 1999.) Section 25-5-57.Other regulations. (a) If any legal building site in the RA district has an azea less than one-half acre, then the yard and height requirements for the building site shall be the same as the yazd requirements for the RS district. (b) Plan approval shall be required prior to the construction or installation of any new structure or development, or of any addition to an existing structure or development which is used for minor agricultural products processing. (c) An ohana dwelling maybe located on any building site in the RA district, as permitted under article 6, division 3 of this chapter. (d) Exceptions to the regulations for the RA district regarding heights, building site azeas, build- ingsite average widths and yards, may be approved by the drrector within a planned unit development pursuant to article 6, division 1 of this chapter. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Division 6. FA, Family Agricultural Districts. Section 25-5-60. Purpose and applicability. The FA (Family Agricultural) district provides for a blend ofsmall-scale agricultural operations associated with residential activities and which may be chazacterized by farm estates, small acreage farms, or subsistence lots. The FA district is intended to be in areas designated as being within the State land use agricultural district, where public services and infrastructure are appropriate to support the very low density residential needs of a rural community and where substantial number of pazcels are less than five acres in size, and where a mix of uses will not conflict with or be detrimental to existing agricultural uses in the sur- rounding azea. In addition, this district is intended to be primazily comprised of agricultural lands less than five acres in area, which aze not classified as A or B lands under the land study bureau's master productivity rating, or classified as prime, unique, or other important agricultural lands. Provided, that this district may include lands so classified if the lands aze situated within an urban expansion or other urban designation under the general plan land use pattern allocation guide (LUPAG) map. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-61. Designation of FA districts. Each FA (family agricultural) district shall be des- igrrated on the zoning map by the symbol "FA" followed by a number and the lower case letter "a" which indicates the required number of acres for each building site. For example, FA-1 a means a family agricultural district with a minimum building site azea of one acre. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-62. Permitted uses. (a) The following uses shall be permitted in FA districts: (1) Agricultural products processing, minor, provided that the area or buildings used for such processing, shall be located at least seventy-five feet from any street. (2) Animal hospitals. (3) Aquaculture. (4) Botanical gardens, nurseries and greenhouses, seed farms, plant experimental stations, azboretums, floriculture, and similaz uses dealing with the growing of plants. Unofficial Planning Department version (1/I8/03) 25-59 F Hawaii County Code §25-5-62 (5) Campgrounds, parks, playgrounds, tennis courts, swimming pools, and other similar open area recreational facilities, where none of the recreational features are entirely enclosed in a building. (6) Crop production. (7) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (8) Dwelling, single family, as permitted under chapter 205, Hawaii Revised Statutes and as permitted under section 25-5-67(b). (9) Farm dwellings, as permitted under section 25-5-67(b) and (c). (10) Game and fish propagation. (11) Group living facilities. (12) Kennels. (13) Livestock, grazing; provided that any feed or water area, salt lick, corral, run, barn, shed, stable, house, hutch, or other enclosure for the keeping of any permitted animals shall be located at least seventy-five feet from any lot line. (14) Public uses and structures, necessary for agricultural practices. (15) Retention, restoration, rehabilitation, or improvement of buildings or sites of historic or scenic interest. (16) Riding academies, and rental or boarding stables. (17) Roadside stands for the sale of agricultural products grown on the premises. (18) Telecommunications antennas, as permitted under section 25-4-12. (19) Utility substations, as permitted under section 25-4-11. (20) Vehicle and equipment storage azeas that aze directly accessory to aquaculture, crop production, game and fish propagation, and livestock grazing. (21) Veterinary establishments. (b) The following use may be permitted in the FA district, provided that a use permit is issued for each use: (1) Golf courses and related golf course uses, including golf driving ranges, golf mainte- nance buildings and golf club houses. (c) The following uses may be permitted in the FA district, provided that a special pernvt is obtained for such use if the building site is located within the State land use agricultural dis- trict: (1) Adult day care homes. (2) Bed and breakfast establishments, as permitted under section 25-4-7. (3) Community buildings, as permitted under section 25-4-11. (4) Family child care homes. (5) Home occupations, as permitted under section 25-4-13. (6) Meeting facilities. (7) Model homes, as permitted under section 25-4-8. (8) Public uses and structures, other than those necessary for agricultural practices, as pro- vided under section 25-4-11. (9) Temporary real estate offices, as permitted under section 25-4-8. (10) Uses, other than those specifically listed in this section, which meet the standards for a special permit under chapter 205, Hawaii Revised Statutes. (d) The following uses may be permitted in the FA district, provided that a use permit is issued for each use if the building site is outside of the State land use agricultural district or a special per- mit is issued for each use if the building site is within the State land use agricultural district: (1) Churches, temples and synagogues. Unofficial Planning Deparhnent version (1/28/03) 25-60 Hawaii County Code §25-5-63 (2) Day care center (3) Hospitals, sanitariums, old age, convalescent, nursing and rest homes. (4) Major outdoor amusement and recreation facilities, includes stadiums, sports arenas, and other similar open air recreational uses. (5) Mortuaries. (6) Schools. (e) Buildings and uses accessory to the uses permitted in this section shall also be pemutted in the FA district. (1996, Ord. No. 96-160, sec. 2; ratified and amended Apri16, 1999.) Section 25-5-63. Height limits. The height limit in FA districts shall bethirty-five feet for any residential structure, including any single- family dwelling or farm dwelling, and forty-five feet for all other structures. (1996, Ord. No. 96-160, sec. 2; ratifed April 6, 1999.) Section 25-5-64. Minimum building site area. The minunum building site azea in the FA dis- trict shall be one acre. Other FA districts having larger azeas may be designated in increments of one acre up to a recommended maximum of five acres. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-65. Minimum building site average width. Each building site in the FA district must have a minimum average width of one hundred twenty feet for the initial one acre of required azea plus twenty feet for each additional acre of required azea; provided that no building site shall be required to have an average width greater than three hundred feet. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-66. Minimum yards. (a) Except as otherwise provided in this section, the minimum yards in the FA district shall be thirty feet for front and rear yards and twenty feet for side yazds. (b) In the FA district, accessory buildings and enclosures (other than fences under eight feet high) for the shelter and confinement of any livestock shall be at least thirty feet from the side and reaz property lines. (c) Appropriate additional setbacks from adjacent residential zoned lands may be required by the director for those facilities and uses which may include more frequently used machinery and equipment in order to minimize potential lighting, odor, vector and air and water quality impacts. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-67. Other regulations. (a) If any legal building site in an FA district has an azea of less than one acre, then the yard and height requirements for the building site shall be the same as the yard and height requirements in the ILA district. (b) One single family dwelling or one farm dwelling shall be permitted on any building site in the FA district. A farm dwelling is a single family dwelling located on or used in connection with a farm or if the agricultural activity provides income to the family occupying the dwelling. (c) Additional farm dwellings may be permitted in the FA district only upon the following condi- tions: (1) A farm dwelling agreement for each additional farm dwelling, on a form prepared by the director, shall be executed between the owner of the building site, any lessee having a lease on the building site with a term exceeding one year from the date of the farm Unofficial PlanningDeparnnen! version (2/28/03) 25-61 Hawaii County Code §25-5-70 dwelling agreement, and the County. The agreement shall require the dwelling to be used for farm-related purposes. (2) The applicant shall submit an agricultural development and use program, farm plan or other evidence of the applicant's continual agricultural productivity or farming operation within the County to the director. Such plan shall also show how the farm dwelling will be utilized for farm- related purposes. (d) An ohana dwelling maybe located on any building site in the FA district, as permitted under article 6, division 3 of this chapter. (e) Exceptions to the regulations for the FA district regarding heights, buildingsite azeas, building site average widths and yards, may be approved by the director within a planned unit develop- ment. (f) Plan approval shall be required prior to the construction or installation of any new structure or development, or of any addition to an existing structure or development which is used for minor agricultural products processing. (1996, Ord. No. 96-160, sec. 2; ratified Apri16, 1999.) Division 7. A, Agricultural Districts. Section 25-5-70. Purpose and applicability. The A (agricultural) district provides for agricul- tural and very low density agriculturally-based residential use, encompassing rural areas of good to marginal agricultural and grazing land, forest land, game habitats, and areas where urbanization is not found to be appropriate. (1996, Ord. No. 96-160, sec. 2; ratified Apri16, 1999.) Section 25-5-71. Designation of A districts. Each A (agricultural) district shall be designated on the zoning map by the symbol "A" followed by a number together with the lower case letter "a" which indicates the required or minimum number of acres for each building site. For example, A- l0ameans anagricultural district with a minimum building site azea of ten acres. (1996, Ord. No. 96-160, sec. 2; ratified Apnl 6, 1999.) Section 25-5-72. Permitted uses. (a) The following uses shall be permitted in the A district: (1) Agricultural parks. (2) Agricultural products processing, major and minor. (3) Animal hospitals. (4) Aquaculture. (5) Botanical gardens, nurseries and greenhouses, seed farms, plant experimental stations, azboretums, floriculture, and similar uses dealing with the growing of plants. (6) Campgrounds, parks, playgrounds, tennis courts, swimming pools, and other similar open azea recreational facilities, where none of the recreational features aze entirely enclosed in a building. (7) Cemeteries and mausoleums, as permitted under Chapter 6, article 1 of this Code. (8) Crop production. (9) Dwelling, single family, as permitted under chapter 205, Hawaii Revised Statutes and as permitted under section 25-5-77(b). (10) Farm dwellings, as permitted under section 25-5-77(b) and (c). (11) Fertilizer yards utilizing only manure and soil, for commercial use. (12) Forestry. (13) Game and fish propagation. Unofficial Planning Department verrion (1/18/03) 25-62 i EXHIBIT 4 -Location Map a -r ~~1 ~I M ~ - ~ ! } ` ~ i _ ~'timize sn Existing Hair Cultsng/Beau ~ ~ - Y a ~ v... \ 41 ~ C ~ h a ~ ~ Vii" ~ ~ 1 ~ ~ ~ w ~ ~ ~ : , ~ ~,5"'. '~,.y_._ ~ k~~ a vT ~ ~ _ l i?' - _ ! ~ ~ ~ 5 A-5a ~ 7p ~ ~ .a?r•~ ~ { € 4 "t r 1 - y yyr+q f ~ y `@~ - p c, #'~s~k- s ~ a 7 n t + - -,'~sr rya . 3~~-~`~~~'*'~` xa y1 s~ e ~ xyf ~ a' ~S 'd~*~. , "ms's cs. 3~ 4_x y ~ i' e,~ y: - r< ' v ~ y t~k ~ ,w =~i ~ i' w,~ x ~ ~ Y x..71. ; w.:... a z~'y"~ RS-10 h(k - - p p S- ~ ~ RS-1 ,r~~' - ft di . - RS- . i - - a l~ ~ic R'~"'v RS-7.5 ~ 7 RS-7.5 RS-7.5 7.5 YP~~~ 4 ~i 4{~ :)i ~ ~~.5-7.5 EXHIBIT ~ - Seal-,drawn plot plan of the property showing property lines and measurements a ' ~O M N ~ S ~ c ~ ~ ~ s ~ ~ o ~s c s O py- o t~ S $ F$O r O C~ ~ o e ~g i ~y C O C cssw L~3 Na O~ C s[y ,y N 'o= c ~ a~a~ ~ ~ sr ~ . o m N i-v '^wna ~ na •w a ~ a~n v •r octet ~ ° ~ ~ r t?'tet ' ~ ~ ~ ~ I g ~ ~ 3~ t ~ '~,j s 3 Sc* 9 ~ 's"- ~ : ~ a 1 ~ ~ ~ „ H b ~ ~ ~ .i ~ .r/ . ~ E~! a"~' ~ M1,~ j e,P • n YN Tj OL[ E yea .y ` EXHIBIT C - 2' x 3' scale-drawn plot plan of Exhibit 5 for presentation purposes (submitted under separate cover) t i EXHIBIT 7 - ,Legal description of property ,in map and written farm by metes and bounds as certified by a surveyor ~ A ~ r~F ~ ; ~ ~o~ 4~, T[[M / ~ ~!3 3 ~ ~ . ~ ~ dd'a s, ~ V R ~+b. ~ a ~ ~ r J • S ~N ! ~ ~ ~ y~ Y ~ S $ ~ : ~ ~ ~ ss ~ a t ~ ~ c~ ~ R'~•y1R L6y. URRYR rwR blrti M b. y O s ~ 0 0 ~ ~ ' ; ~ o ~ 0 k ~ ~ ~ x.o ' r ` o y S i Y S A. ~ n,. _ =O ~ ~ 4 r 1 e., R.~ZONE DESCRIPTION „ LAND SITUATED AT PONAHAWAI, SOUTH HILO, ISLAND OF HAWAII, HAWAII. Being a portion of Grant 4538 to A. Mac Auiton. Beginning at the south corner of this parcel of land, being also the west corner of Grant 10,389 to (Mrs.) Riki Fujimoto and on the northeasterly side of Akala Road, the coordinates of said point of beginning referred to Government SurveyTriangulationStation "KAUMANA", being 816.48 feet North and 778.34 feet East, thence running by azimuths measured clockwise from true South: 1. 143° 48' 166.00 feet along Akala Road; 2. 112° 20' 498.05 feet along Akala Road; 3. 186° 50' 21.60 feet along Akala Road; 4. 249° 26' 677.00 feet along Grant 4093 to A. McAulton (Lots 3-A and 3-B); 5. 345° 36' 465.00 feet along R. P. 5516, L.C. Aw. 4983 to Kukeleau (Lot A-1 6. 55° 39' 30" 234.15 feet along Grant 10,389 to (Mrs.) Riki Fujimoto (Lot 2) to the point of beginning and containing an area of 4.852 Acres. ~,~~L1E K. 9p LAID * Natalie K. Imata ~ Licensed Professional Land Surveyor Na'ns y Certificate No. 5816 Exp. April 2008 ~k'~N, U 5 P Tax Map Key: 3`' Div. 2-5-40: 18 Rezone Description Page 1 of 1 I ~ r~V Ol M,~ William Takaba Harry Kim iP:~'~~ ~~~•~'•.,y Finance Director Mayor ti County of Hawaii DEPARTMENT OF FINANCE -REAL PROPERTY TAX Aupuni Center 101 Pauahi St, Suite 4 • Hilo, Hawaii 96720-0224 • Fax (808) 961-8415 Appraisers (808) 961-8354 • Clerical (808) 961-8201 • Collections (808) 96t-8282 75-5706 Kuakini Highway Suite 112 • Kailua-Kona, Hawaii 96740 Fax (808) 327.3538 Appraisers (808) 327-3542 • Clerical (808) 327-3540 REAL PROPERTY TAX CLEARANCE (rev. 07/99) November 2, 2006 TMK(s): (3) 2-5-040-018-0000 (Owner of record: RODILLAS,FRANCIS HERBERT/MARTHA ANN) This is to certify that the real property taxes due to the County of Hawaii on the parcel(s) listed above have been paid up to and including June 30, 2007. This clearance was requested on behalf of Francis and Martha Rodillas for the County Planning Department and is issued for this/these parcel(s) only. By ~i~,t;1~-~- P-~- Winifre odd, Tax Clerk REAL PROPERTY TAX DIVISION ' PETER T. YOUNG O F /,q CIL11M1xSON LINDA LINGLE A'1'•.\ .•.,•7 ilUnxD OF 1..l4p AND NAI'IIxAL REtiUVNf FE 959 il1EIMISti1lIN ON WATFR IIFSUIIRCE M.WA[iF1.1LTIf ' GOVERNOR OFNAWAII 'N ~:NS~;l%~ f 1 4 t ROBERT K HiSUDA S3t~ y1 DI PVIY IIIRFL I' N~I.AVO DLlynd and N„a~ , 3L t /!'f DEAV NAKANO yC y~ Aa~ j;j'~ ACrINU 1HYUIY D11i1 C10R-WAll:fi ,h,~ _ ~ fqw/ `x". .1QIIAlIC R[EOIIPCL$ ~ ~ r"'a~~'~~'°'~ xonrwc.wuaclLw wcxenn<w p HIIRFn11 OFfUNVEI'.WCES f11MMI551UN ON WAT[0. RI'SOMCI: MM`A(iCAQM STATE OF HAWAII coresexvnnoNnvD masra.leuus CONtERVATION AND NF.SONU'FS [M1FORCLMFM • DEPARTMENT OF LAND AND NATURAL RESOURCES ENrwePRwc Sra~ofH9+j4 iunoxlcYrR~aslexvnnloli KNiWI.AWE LSLAND AFSERVE COA4N55q:1 STATE HISTORIC PRESERVATION DIVISION LAND 601 KAMOKILA BOULEVARD, ROOM i55 SrArE PARR$ KAPOLEI, HAWAII 96707 ' November 15, 2006 Francis and Martha Rodillas LOG NO: 2006.3768 29 Akea Street DOC NO: 0611nm17 Hilo, HI 96720 Archaeology To Whom It May Concern: SUBJECT: Chapter 6E-42 Historic Preservation Review [County/Public Works) - Rezoning Change from Agriculture to Family-Agricultural Hilo District, Island of Hawaii TMK• (312-5-040: 018 This project is a rezoning permit for 1486A Kaumana Drive in Hilo.. We believe that no historic properties will be affected by this undertaking because: ® a) intensive cultivation has altered the land ? b) residential developmendurbanization 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 ® f) other: This project is located in former cane lands and pasture. In the event of lava tube breakthroughs or that historic resources, including human skeletal remains, are identified during the construction activities, all work needs to cease in the immediate vicinity of the find, 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, Mel nie C in ,Administrator e Historic Preservation Division NM: i DEPARYMENT OF PUBLIC IMORKS _ i~: COUNTY OF HAWAII ` c~ HILO, HAWAII - ~ 1T DATE: May 10; 2007 ~lf~~lL TO: Christopher J. Yuen, Panning Director FROM: ,FoY Dep ment of Public Works SUBJECT: CHANGE OF ZONE APPLICATION (REZ 07-000066) Applicants: Francis and Martha Rodillas Request: A-3a to FA-2a Tax Map Key: 2-0-40:018 We have reviewed the subject application forwarded by your memo dated April 17, 2007 and offer the following comments for your consideration. A portion of the subject property is located within Flood Zone A as designated on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Flood Zone A is the Special Flood Hazard Area inundated by the 100-year flood where no base flood elevations are determined. Any construction within the designated FEMA flood zone shall comply with the requirements of Chapter 27, Flood Control, of the Hawaii County Code. Akala Road is owned and maintained by the County of Hawaii and is classified as a collector street of 60 feet width on the Zoning Map (Ordinance No. 187). All driveway connections to Akala Road 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 the Engineering Division at ext. 8327. P9anning Dept. Exhibit Z 028334) l JNtV OF ry,~ ' O.• ~ q a f Hat~(Kli~~ '_~i S~~t ~ ~ i• Barbara Bell Mayar ` Director ,,4~ - _ i e ` r ~ ~ _ tre Of MP.N Nelson Ho :.,t ~i I. ~ i~ ~ ~ ,'rrui Deputy Drector ~ITIiTi~~1 II! ~~iftltlit DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo, Hawaii 96720-0252 (808) 961-8083 • Fax (808) 961-8086 MEMORANDUM Date : Apri119, 2007 To C STOPHER Planning Director From: BELL, erector Subject: Change of Zone Application (REZ 07-000066) Applicant: Francis and Martha Rodillas Request: A-3a to FA-2a TMK: 2-5-40:18 We have reviewed the subject application and offer the following recommendations: ~ ~ ~ DEPAR'T'MENT COMMENTS: I IMJ WASTEWATER COMMENTS: V" (x) 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: Q~-~n~ TECHNICAL SERVICES COMMENTS: 1 ~1U ~ ~ ~"~l~ 1 - SOLID WASTE COMMENTS: ( ) No comments (x) Commercial operations, State and Federal agencies, religious entities and non-profit organizations may not use transfer stations for disposal. Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. ( )C) Ample and equal room should be provided for rubbish and recycling. ( ~C) Greenwaste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or other suitable diversion programs. (y..) Construction and demolition waste is prohibited at all County Transfer Stations. (~G) 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: anning Dept. ~e: swD, Tss, wwD 9422 Exhibit Hawaii County is an equal opportunity provider and employer. o i 4 r or Barbels 13eD Director Harty Him • • Mayor bTic6ael Dworsky P.E. SoBd WasteDtvlsion Chief ••p{ 11? County of Hawaii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aspect Street, Roem 210 • Ailo, HawW'i 96720252 (%B) %1-8087 • Far (808) %1-8086 June 6, 2006 SOLID WASTE MANAGEMENT PLAN Guidelines INTENT AND PURPOSE This is to establish guidelines for reviewing solid waste management plans, for which special conditions are placed on developmerrts. The solid waste management plan will be used to: (1) encourage recycling and recycling programs, (2) predict the waste generated by the proposed development to anticipate the loading on County transfer stations, landfills and recycling facilities, and (3) predict the additional traffic being generated because of waste and recycling transfers. REPORT ~ The consultants report will contain the following: 1. Description of the project and the potential waste it may be generating: i.e. analysis of anticipated waste volume and composition. This includes waste generated during the construction and operational phases. Greenwastes will be included in this report for both construction grubbing and future operational landscape maintenance. - _ 2. Description and location of the possible sites for waste disposal or recycling. We will not allow the use of the County transfer stations for any commercal development; commercial development as defined under the policies of the Department of Environmental Management, Solid Waste Division. 3. Since the Department of Environmental Management promotes recycling, indicate onsite source separation facilities by waste stream; i.e. source separation bins of glass, metal, plastic, cardboard, aluminum, etc. Provide ample and equal space for rubbish and recycling. 4. Ident~cafion of the proposed disposal site and transportation methods for the various components of the waste disposal and recycling system, including the number of track traffic and the route that truck will be using to transport the waste and recycled materials. i ~ Solid Waste Management Plan Guidelines Page 2 of 2 5. The report will include any impacts to County waste and recycling facilities, and the appropriate mitigation measures. All recommendations and mitigation measures will be addressed. 6. Description of the waste reduction component that analyzes techniques to be employed to achieve a reduction goal. 7. Analysis will be based on the highest potential use or zoning of the development. REQUIREMENTS AND CONDITIONS 1. A solid waste management plan will be done for all commeraal developments, as defined under the policies of the Department of Environmental Management, Solid Waste Division. 2. We will require the developer to provide or resolve all recommendations and mitigation measures as outlined in the report; besides any conditions placed on the applicant by the Department of Environmental Management. 3. A licensed environmental or avil engineer will draft and certify the,solid waste management plan. CONCUR: Barbara Bell DIRECTOR 10!13/03 Revised 06/06/06 Hewa!'l County is an Equal OpportuMty Provider and Employer. ~~NSY~OF Mq~~ ~a Lawrence K. Mahuna Harry Kim Mnyor Police CHief .~pr ~ r~r.~ Harry S.Kubojiri ~Tf p~ N>~ Depury Police Chief :,I- County of Hawaii r POLICE DEPARTMENT 349 Kapiolani Stmt • Hilo, Hawaii 96720-3998 (808) 935-3311 Fax (806) 961.8869 April 25, 2007 TO HRISTOPH~R J. YUEN, PLANNING DIRECTOR M, cry FROM J MES M. DAY, MSSISTANT POLICE CHIEF, AREA I OPERATIONS SUBJECT: CHANGE OF ZONE APPLICATION (REZ 07-000066) APPLICANT: FRANCIS AND MARTHA RODILLAS REQUEST: A-3a to FA-2a TAX MAP KEY: 2-5-40: 18 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. KV:IIi 02"1941 Planning 4ept. "Hawai'i Counry is an Equal Opportunity Provider and Employer" Exhibit______..._ ~+tv,a,ly,u•' CC Harzy Kim ' " ~ Darryi J. Oliveira Mapnr~ ~ - _ _ _ Fue Chief o;;.<o .~„a Glen P.I. Honda - Deputy Fire Chief . , '~ouutp of ~~cbn~f`i HAWAII FIRE DEPARTMENT 25 Aupuui Street • Suite 103 • Hilo, Hawaii 9672D (808) 951-8394• Fat (808) 98t-2037 April 26, 2007 TO CHRISTOPHER J. YUEN, PLANNING DIRECTOR FROM DARRYL OLIVEIRA, FIRE CHIEF SUBJECT: CHANGE OF ZONE APPLICATION (REZ 07-000066) APPLICANTS: FRANCIS AND MARTHA RODILLAS REQUEST: A-3a to FA-2a TAX MAP KEY: 2-5-40:18 We have no comments to offer at this time in reference to the above-mentioned Change of Zone application request. A L OLIVEIRA Fire Chief PBE:Ipc 02'7928 Y Planning Dept. _~"it`°°~' Exhibit, ~ ~F~i Hawaii County is an Equal Opportunity Provider and Employer. J~~Y OF 4~. 14 . lily Harty Kim Edwin S. Taira ~l0'(4{ Housing Administrator . {i[~ „ ~lr} •11.:.x..,'' 7lE•~~.N'i~ ~auntp of ~abnafi OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT 50 Wailuku Drive • Hilo, Hawaii 96720-2484 VQT (808) 96I-8379 • FAX (808) 961-6685 April 27, 2007 MEMORANDUM TO: Chris Yuen, Director Planning Department 1 FROM: Edwin S. Taira GL~" Housing Administrator SUBJECT: Change of Zone Application (REZ 07-000066) Applicant: Francis and Martha Rodillas Request: A-3a to FA-2a Tax Map Key: 2-5-040:018 Affordable housing requirements, pursuant to Hawaii County Code, Chapter 11, Housing, are not applicable based on the number of lots stated in the change of zone application. Thank you for the opportunity to comment. Planning Dept. 7286pasr EQUAL HOUSING OPPORTUNITY EXhI{~It HAWAfICOUNTYISANEQUALOPPORTUNITY - PROVIDER ANO EMPLOYER' + E OF h ///<...••••••y+• 9 P6T8A T.YOUNG LINDA LDVGLE 'aP ~ e a cw.lRxuox GOVERNOR OF HwWAII p a or EU+onnorvnrvRU.Rewimcss li r,~r] `r L ~ ~ CpDfAlI5510NON WnrERRE6WR[E RINUMEMEM j. III ~ f5 - - ~ eOp ERIK MASWn qpp,, TV GIR4Ff00. - _ 'A eonrnvcnno oceµaR CR"senrwN -a7 6VREAL of MJVEYMCFS a~+a Lvn~Mivron oN WnIPRRFZOUR[EMNIp?w~EM ot~ Nate , ,L,j:_ ~ . ~ ~;I ~ma (ONSE0.VAT ONarmmxsr.M.unvs aid mxsERVnrwx u+oauamcu wEORCUawr 6 wom¢Rwo PoRERRY M'~ WIIDLIfP N STATE OF HAWAII ""'°"""`~""""T'°" IWIWUNY 6lANOR29E0.VE[OMM69 qN DEPARTMENT OF LAND AND NATURAL RESOURCES srnre +Rrs LAND DIVISION state otHs++aa POST OFFICE BOX 621 HONOLULU, HAWAII 96809 April 20, 2007 County of Hawaii Planning Department 101 Pauahi Street Suite 3 Hilo, Hawaii 96720 Attention: Mr. Norman Hayashi Gentlemen: Subject: Francis and Martha Rodillas Change of Zone Application, Hilo, Hawaii, Tax Map Key: (3) 2-5-40:18 Thank you for the opportunity to review and comment on the subject matter. The Department of Land and Natural Resources has no comment to offer on the subject matter. Should you have any questions, please feel free to call our office at 587-0433. Thank you. Sin , Russell Y. Tsuji Administrator 02'78.7 Planning Dept. Exhibit~._ i LINDA LINGLE ~ a. „ CHIYOME L. FUKINO, M.D. GOVERNOR > ~k Director of Health A \?5? ~ 1~ 'R.e.va.~pn , ; i , , ~ ~ STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: Apri125, 2007 TO: Christopher J. Yuen Planning Director, County of Hawaii FROM: Newton Inouye Acting District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 07-000066) Applicant: Francis and Martha Rodillas Request: A-3a to FA-2a Tax Map Key: 2-5-40:18 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. The Department of Health (DOH), Clean Water Branch (CWB), acknowledges receipt of the subject document on Apri120, 2007. The CWB has reviewed the limited information contained in the subject document and offers the following comments: 1. The Army Corps of Engineers should be contacted at (808) 438-9258 for this project. Pursuant to Federal Water Pollution Control Act (commonly known as the "Clean Water Act" (CWA)), Paragraph 401(a)(1), a Section 401 Water Quality Certification (WQC) is required for "[a]ny applicant for Federal license or permit to conduct any activity including, but not limited to, the construction or operation of facilities, which may result in any discharge into the navigable waters...". The term "discharge" is defined in CWA, Subsections 502(16), 502(12), and 502(6); Title 40, Code of Federal Regulations, Section 122.2, and Hawaii Administrative Rules (HAR), Chapter I 1-54. 2. In accordance with HAR, Sections 11-55-04 and 1,1-55-34.05, the Director of Health may require the submittal of an individual permit application or a Notice Plan~ang Dept. Exhfbit,~..,.- - n 2 ~ ~ Christopher J. Yuen Page 2 of 3 April 25, 2007 of Intent (NOI) for general permit coverage authorized under the National Pollutant Discharge Elimination System (NPDES). a. An application for an NPDES individual permit is to be submitted at least 180 days before the commencement of the respective activities. The NPDES application forms may also be picked up at our office or downloaded from our website at httn'//www hawaii Qov/health/environmental/water/cleanwater/forms/indi v-index.html. b. An NOI to be covered by an NPDES general permit is to be submitted at least 30 days before the commencement of the respective activity. A separate NOI is needed for coverage under each NPDES general permit. The NOI forms may be picked up at our office or downloaded from our website at: httn'//www hawaii gov/health/environmental/water/cleanwater/forms/~enl -index.html. i. Storm water associated with industrial activities, as defined in Title 40, Code of Federal Regulations, Sections 122.26(b)(14)(i) through 122.26(b)(14)(ix) and 122.26(b)(14)(xi). [HAR, Chapter 11-55, Appendix B] ii. Construction activities, including clearing, grading, and excavation, that result in the disturbance of equal to or greater than one (1) acre of total land area. The total land area includes a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under a larger common plan of development or sale. An NPDES permit is required before the commencement of the construction activities. [HAR, Chapter 11-55, Appendix C] iii. Discharges of treated effluent from leaking underground storage tank remedial activities. [HAR, Chapter 11-55, Appendix D] iv. Discharges of once through cooling water less than one (1) million gallons per day. [HAR, Chapter 11-55, Appendix E] v. Discharges of hydrotesting water. [HAR, Chapter 11-55, Appendix F] vi. Discharges of construction dewatering effluent. [HAR, Chapter 11-55, Appendix G] Christopher J. Yuen Page 3 of 3 Apri125, 2007 vii. Discharges of treated effluent from petroleum bulk stations and terminals. [HAR, Chapter 11-55, Appendix H] viii. Discharges of treated effluent from well drilling activities. [HAR, Chapter 11-55, Appendix I] ix. Discharges of treated effluent from recycled water distribution systems. [HAR, Chapter I1-55, Appendix J] x. Discharges of storm water from a small municipal separate storm sewer system. [HAR, Chapter 11-55, Appendix K] xi. Discharges of circulation water from decorative ponds or tanks. [HAR, Chapter 11-55, Appendix L] 2. In accordance with HAR, Section 11-55-38, the applicant for an NPDES permit is required to either submit a copy of the new NOI or NPDES permit application to the State Department of Land and Natural Resources, State Historic Preservation Division (SHPD), or demonstrate to the satisfaction of the DOH that the project, activity, or site covered by the NOI or application has been or is being reviewed by SHPD. If applicable, please submit a copy of the request for review by SHPD or SHPD's determination letter for the project. 3. Any discharges related to project construction or operation activities, with or without a Section 401 WQC or NPDES permit coverage, shall comply with the applicable State Water Quality Standards as specified in HAR, Chapter 11-54. Hawaii Revised Statutes, Subsection 342D-50(a) requires that "[nJo person, including any public body, shall discharge any water pollutants into state waters, or cause or allow any water pollutant to enter state waters except in compliance with this chapter, rules adopted pursuant to this chapter, or a permit or variance issued by the director." If you have any questions, please contact Mr. Alec Wong, Supervisor of the Engineering Section, CWB, at (808) 586-4309. We recommend that you review all of the Standard Comments on our website: www state hi us/health/environmental/eii_planning/landuse/landuse.html. Any comments specifically applicable to this project should be adhered to. WORD:REZ 07-000066.my v RRodillaz-REZ07-066.jwd OS-14-07 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION FRANCIS AND MARTHA RODILLAS CHANGE OF ZONE APPLICATION (REZ 07-000066) Upon careful 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 from Agricultural 3-acre (A-3a) to Family Agricultural 2-acre (FA-2a) for approximately 4.852 acres 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 position. This favorable recommendation is based on the following findings: The applicants are requesting a Change of Zone from A-3a to FA-2a for 4.852 acres of land to subdivide the property into two parcels, approximately 2+ acres each. The applicants intend to construct their home on one lot and reserve the other lot for their immediate family. 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 similar aeeas in the County. The proposed Change of Zone from an Agricultural (A-3a) to a Family Agricultural (FA-2a) zoned district will conform to, among others, the following goals, policies and standards of the Land Use and Economic General Plan Elements and the General Plan LUPAG Map: 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 areas within the County. The -1- proposed request conforms to the LUPAG Map, which designates the property as Important Agricultural Land and a small portion in Low Density Urban. Important agricultural lands aze those lands with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors. Soils within the property are identified as Kaiwiki silty clay loam, 10 to 20 percent slopes (KaD). The Land Study Bureau's Detailed Land Classification System identifies soils on the property as "C" or "Fair" for agricultural productivity, as well as Existing Urban Development. The ALISH System classifies soils within the subject property as Prime Agricultural Lands. A major concern in allowing a rezoning of agricultural land that creates smaller lot sizes is that this will reduce the potential use of the land for commercial agriculture by fragmenting the land into areas too small to be farmed on a commercial scale. While a few crops can be intensively cultivated on very small acreage, usually these crops have a very limited market. Reducing the size of the lots can reduce the range of potential agricultural uses and the range of market opportunities for those crops. Ixi this particulaz situation, the applicants intend to construct a dwelling for themselves on one lot and reserve the other lot for their family. The newly created lots will still have the potential to be used for farming or agricultural purposes. The proposed Change of Zone will confonn to, among others, the goals, policies and standazds of the Land Use and Economic General Plan Elements: Land Use • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • 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. -2- Economic • Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social enviromnents. • Economic development and improvement shall be in balance with the physical, social and cultural environments of the island of Hawaii. • Provide an economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural and social environment. All utilities and services are available to the property. Access to the property is from Akala Road, which is a County owned and maintained roadway that has approximately 18 feet of pavement within a 30-foot right-of--way. The City of Hilo Zone Map (Ordinance No. 187) identifies Akala Road as a proposed 60-foot right-of--way, with a future 15-foot road widening setback on both sides of the Akala Road. A condition of approval will be added requiring the applicants to set aside a 15-foot future road widening setback along the properties frontage along Akala Road. County water is available for the proposed request. Wastewater will be disposed of by individual wastewater systems meeting the requirements of the Department of Health. All other essential utilities or services are available to the property. There is no severe geological or topographical problems for the property that cannot be properly rectified or which would render the land unusable. According to the Flood Insurance Rate Map (FIRM) prepared by the Federal Emergency Management Agency (FEMA), the majority of the project area is located in Zone "X", an area outside of the 500-year flood area. There is a small area at the southern portion of the property in Zone "A". Flood Zone A is the Special Flood Hazard Area inundated by the 100-year flood where base flood elevations have not been determined. A condition of approval will be added restricting the construction ofsingle-family dwellings and related improvements or other substantial buildings or subdivision roads within areas designated Flood Zone "A" by the Flood Insurance Rate Map (FIRM). Should this request be approved, the applicants may apply for a Second Fann -3- Dwelling, allowing for the construction of a second dwelling unit on each lot. The potential to allow additional dwellings may contribute to the cumulative burden on the existing infrastructure. As such, a condition is included to prohibit a second dwelling unit and a Condominium Property Regime (CPR) on each lot. The condition will require that restrictive covenants be included in the deeds of all the proposed lots for the subdivision prohibiting second dwelling units to preserve the residentia]/agricultural ambience of the area. 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 over 4 miles from the neazest coastline and will not be impacted by coastal hazard 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 enviromnental resources in the area. Thus, the proposed request and use of the property will not adversely impact those resources. It is not anticipated that endangered or threatened candidate species of flora or fauna aze located within the subject property because the property was previously utilized for sugar cane cultivation and ranching. 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 azea. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. The request will not have a significant adverse impact to traditional and customary Hawaiian 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, or botanical study was included in the application . -4- The valued cultural historical, and natural resources found in the rezoning area. As the site has been previously utilized for sugar cane cultivation, it is unlikely that there are any valued cultural, historical, and natural resources to be found in the rezoning area. Possible adverse effect or impairment of valued resources: There is no evidence of any possible adverse effects or impairments will occur to any valued resources. Since the property was formerly used for sugar cane cultivation and has been disturbed in the past, it is unlikely that any archaeological or historic features exist on the property. Additionally, there is no evidence that the flora in the area are particularly desired or used for cultural practices. By letter dated November 15, 2006, the DLNR-SHPD responded that DLNR-SHPD believes that "no historic properties will be affected" by this undertaking because intensive cultivation has altered the land, previous grubbing/grading has altered the land and this project is located in former cane lands and pasture. Feasible actions to protect native Hawaiian rights: As there is no evidence of any valued cultural, historical, and/or natural resources found on the site, there is no action to betaken. A condition of approval will be added for the protection of inadvertent finds should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered. The applicants shall be required to cease work in the immediate area and contact the Department of Land and Natural Resources -State Historic Preservation Division (DLNR-HPD). Subsequent work shall proceed upon an archaeological clearance from DLNR-HPD when it finds that sufficient mitigation measures have been taken. Based on the above findings, approval of the Change of Zone request from an Agricultural 3-acre (A-3a) to Family Agricultural 2-acre (FA-2a) zoned district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. The accompanying draft bill to amend Section 25-8-33 (City Of Hilo Zone Map) is provided for your favorable consideration. Please note the proposed conditions of approval are attached to the draft bill. -5- ~p~MtY °i ~ • •l~ ~ COUNTY OF HAWAII w' STATE OF HAWAII BILL NO. 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 1983 (2005 EDTTION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - 3 ACRE (A-3a) TO FAMILY AGRICULTURAL - 2 ACRE (FA-2a) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-5-040:018. 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 Family Agricultural - 2 acre (FA-2a): Beginning at the south comer of this pazcel of land, being also the west corner of Grant 10,389 to (Mrs.) Riki Fujimoto and on the northeasterly side of Akala Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAUMANA", being 816.48 feet North and 778.34 feet East, thence running by azimuths measured clockwise from true South: 1. 143° 48' 166.00 feet along Akala Road; 2. 112° 20' 498.05 feet along Akala Road; 3. 186° 50' 21.60 feet along Akala Road; 4. 249° 26' 677.00 feet along Grant 4093 to A. McAulton (Lots 3-A and 3-B); 5. 345° 36' 465.00 feet along R.P. 5516, L.C. Aw. 4983 to Kukeleau (Lot A-1); -1- s 6. 55° 39' 30" 234.15 feet along Grant 10,389 to (Mrs.) Riki Fujimoto (Lot 2) to the point of beginning and containing an area of 4.852 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 welfaze; 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 declazed 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- A A-3a W a° RS1 ~ ~ A3a y. eeeTTT A-~ GRICULT L3-ACR A-3a) 0 FAMILY GRICULTU L FA-2a 4.852 ACRE S R 15 AJa @ A-7a AJa _ 1 inn c 818.48 N 778.34 E - A Rs 1 ~ICAUMANA~~ A- NAUMAN DR 1 RS RS 15 A-ia f0 0 RS-1 OPEN -1 R 5 A-fa A-fa f A-fa A-fa m A-1a N m ~ LE N ST A-1a °w A-1a A- a 'n ~ R A-f0a A g Oa A-~ 3 A- A- A-~ A ~ A-f0a 560 280 0 580 1.120 1.680 2240 2800eet AMENDMENT TO THE ZONING COFF DE 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-ACRE (A-3a) TO FAMILY-AGRICULTURAL 2-ACRE (FA-2a) AT WAIAKEA, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII K 2-5-040:018 DaM: April 12, 2007 EXHIBIT "A" (Francs H. & Martha A. Rodillss:1222) CRodillas-REZ07-066.jwd OS-08-07 FRANCIS AND MARTHA RODILLAS CHANGE OF ZONE APPLICATION (REZ 07-000066) CONDITIONS OF APPROVAL A. The applicants, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicants shall submit the required water commitment payment to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within one hundred eighty (180) days from the effective date ofthis ordinance. C. Final Subdivision Approval shall be secured within five (5) years from the effective date ofthis ordinance. D. There shall be no construction ofsingle-family dwellings or other substantial buildings within areas designated "A" by the Flood Insurance Rate Map (FIRM). Restrictive covenants in the deeds of all lots shall give notice of the terms ofthis rezoning condition. This restriction maybe removed by amendment ofthis ordinance by the County Council. A copy of the proposed covenant(s) to be recorded with the 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 Akala Road shall conform to Chapter 22, Streets, of the Hawaii County Code. F. The applicants shall provide a 15-foot wide future road widening setback along the entire property frontage along Akala Road. G. 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 maybe removed by amendment ofthis 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. H. All development generated runoff shall be disposed of on site and not be directed toward any adjacent properties. I. The method of sewage disposal shall meet with the requirements of the State Department of Health. J. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of a Certificate of Occupancy. K. 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 clearance from DLNR- HPD when it finds that sufficient mitigation measures have been taken. L. Comply with all applicable County, State and Federal Laws, rules, regulations and requirements. M. An initial extension of time for the performance of conditions within the ordinance maybe granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, 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 -2- originally granted for performance (i.e., a condition to be performed within one year maybe extended for up to one additional year). 5. If the applicants should require an additional extension of time, the Planning Department 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 area to its original or more appropriate designation. -3-