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HomeMy WebLinkAboutCOM 1042.000 2006-2008 ~,V OFN Harry Kim F Dixie Kaetsu Mayor' Managing Director Barbara Kossow Deputy Managing Director County of Hawaii 25 Aupuni Street, Room 215 • Hilo, Hawai'i 96720-0252 • (808) 9618211 Fax (808) 9616553 KONA: 75-5706 KuWdni Highway, Suite 103 • Kailua-Kona, Hawai'i 96740 (808) 329-5226 • Fax (808) 326-5663 February 13, 2008 0 0 Honorable Pete Hoffmann, Chairman x7l T and Members of the County Council Oct , County of Hawaii Z'_; r-• 333 Kilauea Avenue Hilo, HI 96720 M Dear Chairman Hoffmann and Members: „ o G v w Planning Director Initiated Amendment to Section 25-2-45, Chapter 25 (Zoning), Hawaii County Code 1983 (2005 Edition, as amended) Re: Nonsignificant Zoning Changes VI(hange of Zone Application (REZ 07-000074) Applicant: Arnold H. Hara and Lillian K. Murakami Request: RS-15 to RS-10 Tax May Key: 2-4-10:31 As required by Chapter 4, Sec. 6-4.3(C), Hawai'i 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. Sincerel , Harry Kim Mayor Enclosures cc: Planning Department !0 Z / CC Comm. No. Ref. To: Ref. Date FEB 21 2008 M~v w y R of Ni County of Hawaii PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 • Fax (808) 961-8742 N February 13, 2008 T 4Ln Pete Hoffmann, Chairman - 3 =r and Members of the County Council County of Hawaii o Ct 333 Kilauea Avenue, 2nd Floor s Hilo, HI 96720 Dear Chairman Hoffmann and Council Members: Change of Zone Application (REZ 07-000074) Applicant: Arnold H. Hara and Lillian K. Murakami Request: RS-15 to RS-10 Tax MqV Key: 2-4-10.31 The Planning Commission, after a duly held public hearing on February 1, 2008, voted to recommend for your approval the proposed legislative bill for a change of zone from a Single Family Residential - 15,000 square feet (RS-15) to a Single Family Residential - 10,000 square feet (RS-10) district for 22,140 square feet of land. The property is located on the west side of Kehaulani Street, approximately 470 feet north of the Kehaulani Street and West Kawailani Street intersection, Waiakea Homesteads, 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 Single-Family Residential - 15,000 square feet (RS-15) to a Single-Family Residential - 10,000 square feet (RS-10) zoned district to subdivide the property into two lots. One lot will be approximately 10,119 square feet in size and will retain the existing single-family dwelling. The second lot will consist of approximately 12,021 square feet in which a new single-family dwelling will be constructed. The applicant has stated that family members will use both lots for residential purposes, but there will not actually be a restriction to the owners being family members. The estimated cost of the project is $200,000. Hawai `i County is an Equal Opportunity provider and Employer Pete Hoffmann, Chairman and Members of the County Council Page 2 In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The Change of Zone request from a Single-Family Residential 15,000 square foot (RS-15) to a Single-Family Residential - 10,000 square foot (RS-10) zoned district conforms to the goals, policies and standards of the General Plan Economic and Land Use Elements. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land Use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The proposed Change of Zone will conform to, among others, the goals, policies and standards of the Land Use and Economic Elements of the General Plan: 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. Pete Hoffmann, Chairman and Members of the County Council Page 3 Land Use - Single Family Residential • To maximize choices of single-family residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single-family residential zoned areas. • To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers that takes natural beauty into consideration. 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. The requested change of zone conforms to the General Plan Land Use Pattern Allocation Guide (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 property is designated Low Density Urban, which reflects uses single-family residential in character. Pete Hoffmann, Chairman and Members of the County Council Page 4 The Land Study Bureau's Soil Rating and the ALISH Map identify the area as Existing Urban Development. The property is rectangular in shape and 22,140 square feet in size, located on the west side of Kehaulani Street. There is a single-family dwelling on the property that was constructed in 1951. The area is predominantly single family residential in character. Surrounding properties are zoned RS-15. Two properties in close proximity to the north were rezoned from RS-15 to RS-10 in 1983 & 1984. Within a mile of the property, there are various commercial uses including restaurants, shopping centers, churches, schools and convenience stores. The State Land Use designation for the subject property is Urban. The proposed change of zone would complement the existing land uses in this area and will provide for an orderly development of the area. Under the current zoning, the owner could build a second house on the lot, as an "ohana dwelling," but could not subdivide the property. The Planning Director supports this rezoning request to allow a two-lot subdivision with one home on each lot. Therefore, a condition will be included in the change of zone ordinance to prohibit a second dwelling (Ohana) unit and a Condominium Property Regime on each lot. The rezoning, therefore, does not increase the potential number of houses, but gives the owners the option of subdividing into two lots, which can simplify the financing of the second dwelling. All utilities and services are available to the site. County water is available to the site. The applicants propose to use a septic system for the new dwelling, meeting with the approval of the State Department of Health. Solid waste will be disposed at appropriate sites designated by the Department of Environmental Management. Electricity and telephone services are available to the site. The closest fire station is located on Kawailani Street approximately 0.5 mile from the site. The police station is located approximately 2.5 miles from the property. Public schools are located within one mile of the site. Access to the site is from Keahulani Street, which is a County owned and maintained roadway with a 16-foot paved roadway within a 40-foot right-of-way. The property has no severe geological or topographical problems which cannot be rectified or which would render the land unusable. The project site is located within Zone "V, area determined to be outside the 500-year floodplain. All development generated storm run-off shall be disposed of on-site and not allowed onto adjacent properties or roadways. Pete Hoffmann, Chairman and Members of the County Council Page 5 The property has been developed for single-family residential use since 1951, thus no formal archaeological study was conducted. By letter dated August 8, 2007, the applicants have requested a "no effect" letter from the Department of Land and Natural Resources Historic Preservation Division (DLNR-HPD). No response has been received as of the date of this writing. No professional flora or fauna surveys were conducted of the site, as the property has been developed for single-family residential use since 1951. The property has been extensively landscaped with a lawn and ornamental species. The property is located in an urban setting in an area dominated by single-family residential uses. Given the disturbed and urban nature of the surrounding area, the presence of any endangered animal life is remote. The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not located in the Special Management Area. The project site is located more than two miles from the shoreline and will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access to the shoreline or mountain areas that traverses the property. According to the applicants, no valued cultural, historical or natural resources exist on the property and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Therefore, no action is necessary to protect these rights. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka'Aina" decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: Investigation of valued resources: No formal archaeological reconnaissance survey, oral history of kamaaina accounts of the area, historical survey of documentary records, botanical and/or fauna study was submitted. By letter dated August 8, 2007, the applicants have requested a "no effect" letter from the Department of Land and Natural Resources Historic Preservation Division (DLNR-SHPD). Pete Hoffmann, Chairman and Members of the County Council Page 6 The valuable cultural historical and natural resources found in the rezoning area: The property is improved with a 56-year old single-family dwelling. The property has been extensively landscaped with a lawn and ornamental species. The applicants state that there is no habitat that would appear valuable for native terrestrial or aquatic species. Possible adverse effect or impairment of valued resources: Native plants could be destroyed by construction and ground alteration. The property does not abut the shoreline, therefore Hawaiian gathering and fishing rights is not an issue. Feasible actions to protect native Hawaiian rights: Conditions of approval will be included to require the applicants to notify the DLNR-SHPD should any unidentified sites or remains be encountered, and proceed only upon an archaeological clearance from the DLNR-SHPD. There is no evidence of any traditional and customary Native Hawaiians rights being practiced on the site, nor existence of any known valued cultural, historical or native resources in the area. Thus, it is believed that the project would have no adverse impact relative to the cultural and historical resources of the area. To the extent to which traditional and customary Native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights and no action is necessary to protect these rights. Based on the above findings, approval of this change of zone request from a Single-Family Residential - 15,000 square feet (RS-15) to a Single-Family Residential 10,000 - square feet (RS-10) zoned district would result in an appropriate land use pattern that will further benefit the general public. For your favorable consideration, an amendment to Section 25-8-33 (City of Hilo Zone Map), of the County Zoning Code is transmitted. Pete Hoffmann, Chairman and Members of the County Council Page 7 We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, Rodney Wat:dbe, Chairman Planning Commission Lhara02PC Enclosures cc: Mr. Brian Nishimura Mr. Arnold Hara/Ms. Lillian Murakami Department of Public Works Department of Water Supply Department of Land & Natural Resources-HPD Lincoln Ashida, Esq., Corporation Counsel BHmMurAami-REZ07-074.jwd 12-27-07 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT ARNOLD H. HARA AND LILLIAN IC MURAKAMI CHANGE OF ZONE APPLICATION (REZ 07-000074) ARNOLD H. HARA AND LILLIAN IC MURAKAMI have submitted an application for a Change of Zone from a Single-Family Residential - 15,000 square feet (RS-15) to a Single- Family Residential - 10,000 square feet (RS-10) zoned district for approximately 22,140 square feet of land. The property is located on the west side of Kehaulani Street, approximately 470 feet north of the Kehaulani Street and West Kawailani Street intersection, Waiakea Homesteads, South Hilo, Hawaii, TMK: 2-4-10: 31. REQUEST 1. Proposed Development: The applicants are requesting a Change of Zone from Single- Family Residential 15,000 - square feet (RS-15) to Single-Family Residential - 10,000 square feet (RS-10) to subdivide the property into two lots. Hatsuka Hara holds a life interest in the subject property and her children, Arnold H. Hara and Lillian K. Murakami, are joint tenants with rights of survivorship. The applicants are proposing to subdivide the property into two lots. One lot will be approximately 10,119 square feet in size and will retain an existing single-family dwelling in which Hatsuko Hara will continue to reside. The second lot will consist of approximately 12,021 square feet. Trisha Murakami, Lillian's daughter, intends to build a new single-family dwelling on the second lot. (Planning Department Exhibit 1- Change of Zone Application) 2. Timeframe for construction: Construction of the new dwelling will begin within one year from the date of Final Subdivision Approval. 3. Cost of improvements: $200,000. 4. Landowner: The owner of the property is Hatsuko Hara. The applicants, Arnold H. Hara and Lillian K. Murakami, are joint tenants with rights of survivorship. STATE AND COUNTY PLANS 5. State Land Use Designation: Urban. 6. General Plan LUPAG Map: Low Density Urban. -1- ATTACH: Come. 1042 Bill 255 e 7. CountyZoning: Single-Family Residential (RS-15). 8. Coastal Zone Management, HRS, Chapter 205A: The State of Hawaii defines the coastal zone as the entire state, and therefore, the activities are subject to compliance with the State Coastal Zone Management (CZM) Program. In addition to compliance with the State CZM Program, the proposed action must also comply with requirements of the County's CZM Program, including impacts to recreational resources, historic resources, scenic and open space preserves, coastal systems, coastal hazards, marine resources or other natural and environmental resources. 9. Special Management Area: The SMA is a part of the Coastal Zone Management Program regulated by the County. The project site is not located in the SMA. SIMILAR REZONINGS IN THE IMMEDIATE AREA 10. Ordinance 83-864 (REZ 432): Effective on March 23, 1983, Ordinance 83-864 amended the zoning for TMK: 2-4-10: 49 from RS-15 to RS-10 for 22,200 square feet of land. The applicant was Yoshio Yamasaki. This property is located 9 lots to the north from the subject property on the makai side of Kehaulani Street. 11. Ordinance 84-003 (REZ 464): Effective on February 10, 1984, Ordinance 84-003 amended the zoning for TMK: 2-4-10: 33 from RS-15 to RS-10 for 22,200 square feet of land. The applicant was James A. Kawano. This property is located 2 lots to the north from the subject property on the mauka side of Kehaulani Street. 12. Ordinance 90-094 (REZ 666): Effective on August 5, 1993, Ordinance 84-003 amended the zoning for TMK: 2-4-11: 176 from RS-15 to RS-10 for 21,727 square feet of land. The applicant was Pansy L. Long. This property is located approximately 1300 feet to the south from the subject property on the makai side of Kimo Place. DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA 13. Subject Property: The property is rectangular in shape and 22,140 square feet in size. There is a 2-bedroom/2-bath single-family dwelling that was built in 1951 on the property. -2- 14. Surrounding Zoning and Land Uses: The area is predominantly single family residential in character. Surrounding properties are zoned RS-15, with two properties zoned RS-10 just to the north. Within one-half mile of the site, there are various commercial uses including restaurants, shopping centers, churches, schools and convenience stores. 15. U.S.D.A. Soil Type: Olaa extremely stony silty clay loam, 0 to 20 percent slopes (01D). 16. ALISH: Existing Urban Development. 17. Land Study Bureau's Productivity Rating: Existing Urban Development. 18. FIRM: Zone "X", an area outside of the 500-year flood plain. 19. Flora/Fauna: As the property is improved with a single-family dwelling, no professional surveys were conducted of the site. The property is located in an urban setting in an area dominated by single-family residential uses. The property has been extensively landscaped with a lawn and ornamental species. 20. Archaeological/Cultural/Historical Resources: According to the applicants, due to the development and use of the subject property for single family residential purposes since 1951, it is highly unlikely that any archaeological, cultural or historic sites are present on the property. By letter dated August 8, 2007, the applicants have requested a "no effect" letter from the Department of Land and Natural Resources Historic Preservation Division (DLNR-HPD). No response has been received as of the date of this writing. 21. 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 22. Access: Access to the site is from Keahulani Street, which is a County owned and maintained roadway with a 16-foot paved roadway within a 40-foot right-of-way. 23. Water: County water is available to the site from a 6-inch waterline along Kehaulani Street. 24. Wastewater: The existing single-family dwelling utilizes a cesspool for sewage disposal. The proposed dwelling will use a septic system meeting with the approval of the Department of Health. 25. Solid Waste: All waste will be disposed at appropriate sites designated by the -3- Department of Environmental Management. 26. Essential Utilities and Services: Electricity and telephone services are available to the site. The closest fire station is located on Kawailani Street approximately 0.5 mile from the site. The police station is located approximately 2.5 miles from the property. AGENCIES' COMMENTS 27. Department of Public Works: (Planning Department Exhibit 2 - November 21, 2007 Memo) 28. Department of Water Supply: (Planning Department Exhibit 3 - November 23, 2007 and December 21, 2007 Memos) 29. Department of Environmental Management: (Planning Department Exhibit 4 - October 25, 2007 Memo) 30. Police Department: (Planning Department Exhibit 5 - October 29, 2007 Memo) 31. Fire Department: (Planning Department Exhibit 6 - October 29, 2007 Memo) 32. Department of Land and Natural Resources - Land Division: (Planning Department Exhibit 7 - October 26, 2007 Letter) 33. Department of Health: (Planning Department Exhibit 8 - November 7, 2007 Memo) AGENCIES - NO RESPONSE 34. Department of Land and Natural Resources- State Historic Preservation Division PUBLIC COMMENTS 35. As of the date of this writing, the Planning Department has not received any written comments or objections from the general public or adjacent landowners on the subject application. -4- CHfkNGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Arnold H. Hara and Lillian K. Murakami APPLICANT'S SIGNATURE: DATE: 9/12/07 ADDRESS: 342 Mahi Ko Place Hilo, Hawaii 96720 LIST APPLICANT'S INTEREST IF NOT OWNER: Rema indermen - Joint tenants with rights of survivors i.p LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (Res.) 959-3426 (Fax) LANDOWNER(S): Hatsuko Hara - Life Tenant LANDOWNER SIGNATURE(S):' DATE: 9/12/07 (May be by letter) LANDOWNER(S).ADDRESS: 314 Kehaulani Street Hilo, Hawaii 96720 REQUEST: RS-15 TO RS-10 (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) 2-4-1 O. 31 STREET ADDRESS OF PROPERTY: 314 Kehaulani Street Hilo, Hawaii 96720 SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 22,140 square feet AGENT: Brian T. Nishimura, Planning Consultant ADDRESS: 101 Aupuni St_, Ste. 217 Hilo, Hawaii 96720 TELEPHONE:(Bus.) 935-7692 (Res.) 935-7486 (Fax) 935-6126 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: applicant COPIES: agent (See Instructions on Reverse Side) Planning Dept. Exhibit CHANGE OF ZONE APPLICATION BACKGROUND AND COUNTY ENVIRONMENTAL REPORT APPLICANTS: ARNOLD H. HARA and LILLIAN K. MURAKAIVII REQUEST: Single Family Residential 15,000 (RS-15) to Single Family Residential 10,000 (RS-10) TAX MAP KEY: (3) 2-4-10: 31 A) SUBJECT REQUEST 1) Details of the Proposed Development: a) Project description: Arnold H. Hara and Lillian K. Murakami are requesting a Change of Zone for approximately 22,140 square feet of land from a Single Family Residential 15,000 (RS-15) to a Single Family Residential 10,000 (RS-10) zoned district. The property is located along the west side of Kehaulani Street, approximately 420 feet north of the Kawailani Street-Kehaulani Street intersection, Waiakea Homesteads, First Series, Waiakea, South Hilo, Hawaii. Hatsuko Hara holds a life interest in the subject property and her children, Arnold H. Hara and Lillian K. Murakami, the applicants, are joint tenants with rights of survivorship. The applicants are proposing to subdivide the 22,140 square foot parcel into two lots. Proposed lot 6-B will consist of approximately 10,119 square feet of land and will retain the existing single family dwelling in which Hatsuko Hara will continue to reside. Proposed lot 6-A will consist of approximately 12,021 square feet. The subdivision application will be submitted immediately after the approval. of the change of zone request. Trisha Murakami, Lillian's daughter, intends to build a new single family dwelling on proposed lot 6-A upon receipt of final subdivision approval. b) Statement of objectives and reasons for the request: Trisha Murakami currently resides with her grandmother, Mrs. Hatsuko Hara on the subject property. The approval of the change of zone request will allow Ms. Murakami to build her own home while still being in close proximity to her grandmother to provide assistance when necessary. c) Timefframe and cost: The applicants will submit a subdivision application immediately upon approval of the change of zone request. A Building Permit application will be submitted upon receipt of final subdivision approval. Construction of the new dwelling will begin within one year from the date of final subdivision approval. The estimated cost of the proposed project is $200,000. d) Traffic impacts: The traffic impacts generated by one additional single family dwelling will be minimal and is not expected to adversely affect traffic on the adjacent roadway system. B) CONF'ORIR?1ANCE WITH STATEICOUINTY PLAINS 1) State Land Use designation: The subject property is situated within the State Land Use Urban district. 2) Applicable goals/policies and objectives of the General Plan: The proposed project is consistent with the following goals, policies, and objectives of the General Plan. Housing Element • Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. • Attain a diversity of socio-economic housing mix throughout the different parts of the County. • Maintain a housing supply that allows a variety of choices. • Encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies. Land Use-Single Family Residential • To maximize choices of single-family residential lots and/or housing for residents of the County. • To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers that takes natural beauty into consideration. • Designate and allocate single-family residential zoned lands at varying densities for future use in accordance with the needs of the communities and the stated goals, policies, and standards. Economic • Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environment. • Economic development and improvement shall be in balance with the physical, social, and cultural environments of the island of Hawaii. 3) General Plan designation: The General Plan Land Use Pattern Allocation Guide (LUPAG) Map designation for this section of Kehaulani Street is Low Density Urban. 4) Zoning: The zoning designation for the subject property is Single Family Residential 15,000 (RS-15). 5) Community Development Plan: The Hilo Community Development Plan, adopted by Resolution on May 21, 1975, designates the subject area as Single Family Residential 15,000 (RS-15), consistent with the existing zoning designation. 6) Special Management Area (SMA): The subject property is not situated within the SMA boundary. C) PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA 1) Description of the subject property: The subject property has an area of 22,140 square feet and is located along the west side of Kehaulani Street, approximately 420 feet north of the Kawailani Street-Kehaulani Street intersection, Waiakea Homesteads, First Series, Waiakea, South Hilo, Hawaii. There is an existing single family dwelling on the subject property which was constructed in 1951. 2) Lava Hazard Zone: The subject property is in a region where the volcanic hazard, as assessed by the United State Geological Survey, is determined to be Lava Flow Hazard Zone 3 on a scale of ascending risk from 9 to 1. Zone 3 includes the lower slopes of Mauna Loa, including the entire City of Hilo, which are gradually less hazardous than Zone 2 because of greater distance from recently active vents and/or because the topography makes it less likely that flows will cover these areas. 3) Distance from the coastline: The coastline is situated approximately 2.5 miles northeast of the subject property. 4) Agricultural Lands of Importance to the State of Hawaii (ALISH) designation: The project site does not include prime, unique, or other important agricultural land of statewide or local importance. 5) U.S.D.A. Natural Resources Conservation Services Soil Service Report soil type: The U.S.D.A., Soil Conservation Services Soil Survey of the Island of Hawaii classifies the soil of the subject property as the Olaa Series (OID) which consists of well-drained silty clay loams that formed in volcanic ash. The surface layer and subsoil are about 16 and 9 inches thick, respectively. Permeability is rapid, runoff is slow, and the erosion hazard is slight. 6) Land Study Bureau soil rating: The subject property is designated as an urban area and was not given a soil rating. 7) Existing drainage ways or improvements: There is a drainage ditch and drainage intake within the road right of way near the southeast corner of the subject property. The intake receives drainage flowing from the south and empties into a culvert that crosses under Kehaulani Street to the eastern side of the street. The proposed rezoning and subdivision of the subject property will not alter or affect the existing drainage improvements. 8) Air/noise/water quality: The air quality of the subject property is primarily affected by pollutants derived from the volcanic emissions from the ongoing Kilauea eruption. The only other source of air pollution affecting the project site is vehicle exhaust emissions from neighboring streets. In general, however, the ambient air quality of the project area meets all federal and state standards as evidenced by its designation as an "attaitnnent" area by the State Department of Health, Clean Air Branch. Existing noise levels in the vicinity of the subject property are typical of a single family residential neighborhood. Based on general observations at the project site, the site is not subject to current or projected noise levels that exceed 65 DNL (day-night average sound level, in decibels). The closest water body to the project area is the Waiakea Pond, approximately 2 miles northeast of the project site. As such, the proposed change of zone is not anticipated to have any impact on water quality. 9) Existing archaeological, cultural or historic sites on National Register or Hawaii Register: Due to the development and use of the subject property for single family residential purposes since 1951, it is highly unlikely that any archaeological, cultural or historic sites are present on the property. A letter dated August 8, 2007, was transmitted to the State Historic Preservation Division requesting a "no effect" determination for the subject application. - No response from the State Historic Preservation Division has been received to date. 10) Existing floral/faunal resources (any native or exotic plants; any listed or candidate for endangered species): The entire parcel has been previously graded and developed for single family residential use since 1951. In addition to the single family dwelling, driveway and carport the property has been extensively landscaped with a lawn and ornamental species. There is no habitat that would appear valuable for native terrestrial or aquatic species. The disturbed, urban qualities of the site make it poorly suited as habitat for any listed or candidate for endangered species. 11) Scenic or coastal resources: The predominant scenic views in the vicinity of the project area are of Mauna Kea and Mauna Loa. These views will not be adversely affected by the proposed rezoning. There are no coastal resources in the immediate vicinity of the subject property. 12) Social settlement pattern for the area: The project area is predominantly single family residential in character. Nevertheless there are a wide variety of land uses within a `/2 mile radius of the subject property including churches, schools, gas stations, restaurants, fast food outlets, convenience stores, personal service providers and government offices. 13) Economic resources of the area: The project area is situated in close proximity to employment centers, shopping centers, schools, churches, public and.private service providers and the University of Hawaii at Hilo. 14) Land values: Land values in Hilo have been on the rise reflecting a tight housing and residential land market. A summary of the Hawaii Housing Policy Study conducted in 2003 stated the following: "Reviewing the data for the County of Hawaii from 1990 to the present, it is clear that several trends have shaped the market: • Moderate increases in production of for sale housing units, responding to the mid-market demand that was so strong in the early 1990s; • Major decreases in pent-up demand during the nineties as population growth rates slowed; • A residual willingness of Hawaii residents to consider moving out of state to areas with a lower housing costs; • Increased interest by upper-income mainland US residents in Hawaii as a second home, and perhaps retirement, location; • Low mortgage rates, spurring booms in refinancing and home ownership; • Decreasing household sizes, due in part to an aging population; and • Very low or no production of new rental units, even though demand is increasing. "Taken together, these trends have led to a very active real estate market and, in recent years, sharply increasing prices. Over the long term, prices should level off again, in pmt because mortgage rates will stabilize, in part because of the historical pattern of price increases and plateaus due to the small inventory in Hawaii markets. The longer-tam issue of rental supply remains. In 2003, the excess of demand over supply was evident in dramatically decreased availability and skyrocketing rents. Most portents for the fixture suggest those conditions will not change soon 15) Land use: The project area is predominantly single family residential in character. Nevertheless there are a wide variety of laud uses within a % mile radius of the subject property including churches, schools, gas stations, restaurants, fast food outlets, convenience stores, personal service providers and government offices. 16) Zoning: The majority of the parcels on Kehaulani Strcet.are zoned Single Family Residential 15,000 (RS-15). Two parcels, situated less than 1,000 feet from the subject property, were rezoned from RS-15 to RS-10 on Kehaulani Street. Ordinance no. 864 was adopted on March 16, 1983 and rezoned TMK: 24-10: 49 and the property was subsequently subdivided into two parcels with a single family dwelling on each lot. Ordinance no. 843 was adopted on February 1, 1984 and rezoned TMK: 2-4-10: 33 allowing the property to be subdivided into two lots with a single family dwelling on each lot. D) PUBLIC FACILI IUS AND SERVICES 1) Description of mess: Access to the subject property is provided by Kehaulam Street which is a County road with a right-of-way width of 40 feet and pavement width of 16 feet with 3 foot wide shoulders.. 2) Availability of water: Water is available from a 6-inch line along Keliaaulani Street. 3) Sewage disposal: The existing single family dwelling utilizes a cesspool for sewage disposal. The new dwelling will utilize a septic system approved by the State Department of Health. 4) Solid waste: There is no municipal collection system for solid waste in the County of Hawaii. All waste generated by the proposed project will be disposed at appropriate sites designated by the Department of Environmental Management. 5) Police and fire protection: The police station is situated approximately 2.5 miles away and the closest County fire station is situated approximately 0.5 mile southwest of the project site on Kawailani Street. 6) Schools: The project area is served by Waiakea Complex including Waiakeawaena Elementary School, Waiakea Intermediate School and Waiakea High School which are all within a mile of the subject property. The enrollment level at all three schools are currently below their operating capacity. 7) Parks: Lokahi Park, Ahualani Park, Waiakeawaena Elementary School, Waiakea Intermediate School and Waiakea High School are within a mile of the subject property. 8) Other utilities and services (telephone/electricity): The subject property is served by electrical, telephone and cable TV lines from Kehaulani Street. E) ENVIRONMENTAL ASSESSMENT AND ANALYSIS 1) Relationship between local short term uses of environment and maintenance and enhancement of long term productivity: The project area has been committed to single family residential use for over 55 years. Approval of the subject change of zone application will allow the continuation of the single family residential use with a more efficient utilization of the land available. 2) Mitigative measures proposed to avoid, minimize, rectify or reduce impact: Impacts resulting from the proposed change of zone are expected to be minimal. Any potential impacts can be mitigated by complying with all applicable code requirements. 3) Alternatives to the proposed development: In the event that the change of zone application is denied, the RS-15 zoning will remain in place and the owners could apply for an Ohana Permit to allow a second dwelling on the subject property. 4) Irreversible and irretrievable commitments of natural resources that would be involved if the proposed action is implemented: The subject property has been utilized for single family residential use for over 55 years. The proposed change of zone will utilize a portion of the existing lawn and landscaping for one additional parcel. ATTACHMENT Residential Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? yes If yes, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to - - - subdivide? ---all b. Into what lot sizes? 10,000 s.f. C. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? Win 6 months d. Do you intend to build houses on the newly created lots? yes if yes, please answer the following questions: On how many of those lots? one At what approximate price range? House n/a House will be built for a family Lots memYder and not intended for sale. Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? two years If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has fi-rm - plans? b. Sell or lease the land to someone who has tentative plans? C. Sell or lease the land to someone who has no plans? d. Keep it? e. other (please state) f. If you intend to do either a, b, or c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? It will help How? A family member will build a house on the new parcel and will not need a house on the open market. 4. Are there any buildings on the subject area? yes If so, what kind? There is an existing single family dwelling. What do you intend to do with those buildings if your request is approved? The dwelling will be retained. -2- 5. Is the subject land currently being used for any agricultural activitity? no if so, please list the kinds of products grown-and . on how many square feet or acres of land per product. 6. To your knowledge, has there been any flooding and/or drainage problem on the subject area? no- If so, please describe the problem. 7. Do you think that the roads leading to the subject area needs improvement? no If so, what kind? Is the road adequate for the proposed traffic volume or load? yes 8. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools x b. Roads x c. Sewer x d. Drainage x e. Police Protection x -3- Yes No f. Fire Protection x g. Recreational Facilities V x h. Public Utilities x i. other For those checked ,yes," please elaborate what type or kinds of improvements and/or assistance are needed. Signatur~/^ ~UdQ2lltiti Address: 342 Mahi Ko Place Hilo, HI 96720 Telephone: 958-3426 Date: 8/27/07 -4- 6337A/5oA 0 n ~/Qh 70-117 M" FJZIBIT A All of that certain piece or parcel of land situate at Waiakea, District of South Hilo, County and State of Hawaii, same being a portion of Lot 612-A, described in Land Patent (Grant) „ No_'11,442,'46 a„pOrtlow of the abandoned railroad rights-of-way _ described in Land Patent (Grant) No. 11,912, Waiakea Homesteads, 1st Series, and more particularly described as follows: LOT 6 BegInn-ing at a.pixie at <souvhwest corner of this lot and on the east boundary of Waiakea Homestead, Lot 612-B, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Halai" being 11294.20 feet South and 7707.28 feet East, and running by azimuths measured clockwise from true South: 1. 175° 40' 100.00 feet along the east boundary of Waiakea Homestead, Lot 612-B, to a pipe; 2. 265° 40' 222.00 feet along Lot 7 to a pipe; 3. 355° 40' 100.00 feet along the west side of a 40-foot road to a pipe; 4. 85° 40' 222.00 feet along Lot 5 to the point of beginning; and containing an area of 22,200 square feet. Being the same land described in Deed dated September 25, 1995 and recorded in the Bureau of Conveyances of the State of Hawaii as Document No. 95-124364. ~TP'?SOV O TO RORk 5 ttt N•M, a/\ +T V o • Z a Z ~n a x aiar F " 11~~ KuQ 'w } UL ®s 2 pi0 n ? O U V• Q ry J $ e O u F 0 ~9 N a @ ul ~b W ;x 1332!15 a` iiINY-I(1HH3~1 x'°'"'°" Q =a Q o~ Q ~ ~ Q Wp0 10 Z ~m ,p 3m S, W W1 O Q j 0 J N al N aV ~0 9r6\ 0 N N ~0cs 0 \ IL a O ~aIn~ p W $ O, rc W / f 4Y \ W N ano 'L QvQUaia n tto Q Q za-12v WQQZ!aQ QaQ i4 € 6 n F v W m 4I 3 a- e J ~ .:ALL S ~ Q N ypp~ W & W §x s 0. N _ a LM' ~ .OI.SIA gy~~y 4] a 4 ~.mi> <A nand fia ~ 'c.ryy 3i oa iet'ii iuu.g ~t ~ gg }0 K N a Hl a'ON 3 r6 0 3!12!1 0$~'nP Z' ~ k LIST OF SURROUNDING ~t S 1' _ A '7 P,RffiPERTY OWNERS TMK: 2-4-10:7 TCGII: 2-4-10:8 TMK: 2-4-10:9 John Vierra, Jr./Moana L. Vierra Michiko K. Nakamoto Trust Robert K. Palea, etal 23 Mikihala Street 160-B W. Kawailani Street 2715 Waianuhea Place Hilo, Hawaii 96720 Hilo, Hawaii 96720 Hilo, Hawaii 96720 TMK: 2-4-10:26 TMK: 2-4-10: 27 Rob Yoshio Kojima Clyde M./Carol A. Tabata TR TMK: 2-4-10: 28 540 Kunu Place 218 W. Kawailani Street Tasuke/Mildred Yasukochi Kahului, Hawaii 96732 Hilo, Hawaii 96720 344 Kehaulani Street Hilo, Hawaii 96720 TMK: 24-10:29 TMK: 24-10:30 32 Tamayo Kido, etal Tatsumi/Yukimi Yamamoto TMK: /Jani : Kawano reat 138 Likeke Street 326 Kehaulani Street 300 K haulani Street Hilo, Hawaii 96720 Hilo, Hawaii 96720 Hilo, Hawaii 300 , Hawaii t 96720 TMK: 2-4-10: 33 TMK: 2-4-10: 34 TMK: 2-4-10: 35 Ellen N. Kawano TR Itsuo/Chiyono Kitamura Robert/Tsuruko Shimabukuro 294 Kehaulani Street 286 Kehaulani Street 276 Kehaulani Street Hilo, Hawaii 96720 Hilo, Hawaii 96720 Hilo, Hawaii 96720 TMK: 2-4-10: 55 TMK: 24-10:56 TMK: 2-4-10: 57 Stanley T. Taniguchi Trust Tomiko Yoshimura, etal 285 Kehaulani Street 295 Kehaulani Street Hiroshi/Yasue Sako Hilo, Hawaii 96720 Hilo, Hawaii 96720 305 Kehaulani Street Hilo, Hawaii 96720 TMK: 24-10: 58 TMK: 2-4-10: 61 & 62 Wayne/Fumiko Aoki TMK: 2-4-10: 59 Edna A N Tanimoto Trust 313 Kehaulani Street Florence D. Medeiros TR 290 Nohea Street Hilo, Hawaii 96720 333 Kehaulani Street Hilo, Hawaii 96720 Hilo, Hawaii 96720 TMK: 2-4-10: 86 TMK: 2-4-10:87 TMK: 2-4-10: 88 Kazuma/Yasuko Taguchi Shigeo Toyama, etal Keri Lynn Morita, TR 281 Nohea Street 289 Nohea Street 299 Nohea Street Hilo, Hawaii 96720 Hilo, Hawaii 96720 Hilo, Hawaii 96720 TMK: 2-4-10:89 TMK: 2-4-10: 90 TMK: 2-4-10: 91 Fujiko Iwamoto, eta] Hisako Nakasone, etal Richard M./Patricia L. Tanimoto TR 307 Nohea Street 317 Nohea Street 321 Nohea Street Hilo, Hawaii 96720 Hilo, Hawaii 96720 Hilo, Hawaii 96720 TMK: 2-4-10: 92 TMK: 24-10: 93 TMK: 2-4-10: 96 Kiyoji Miyamoto/Kay Yamasaki James T. Kojima, etal Dale Mau Aina TR 337 Nohea Street 347 Nohea Street 46-163 Haiku Road Hilo, Hawaii 96720 Hilo, Hawaii 96720 Kaneohe, Hawaii 96744 1 ~ TMK: 2-4-10: 97 TMK: 2-4-10: 98 TMK: 24-10: 99 William R. Doke, Jr./Maria M. Stacey L. Sebastian Fuyuko Nagata, etal Doke 310 Nohea Street 316 Nohea Street 324 Nohea Street treet Hilo, Hawaii 96720 Hilo, Hawaii 96720 Hilo, Hawaii S96720 TMK: 2-4-10:106 TMK: 2-4-10: 115 TMK: 2-4-10: 119 Setsue Furukado/April Arruda Carol K. Kekela Rufina L. Ramos 330 Nohea Street 178 W. Kawailani Street 94-1468 Pokeo Street Hilo, Hawaii 96720 Hilo, Hawaii 96720 Waipahu, Hawaii 96797 TMK: 24-10:127 Bobby K. Aina/Beatrice O K Aina TMK: 2 James A. Ka A. Kawano Trust 343 Kehaulani Street 290 Kehaulani Street Hilo, Hawaii 96720 Hilo, Hawaii 96720 BRIAN, T: NISHIMURA, PLANNING CONSULTANT 101 Auptmi Sfget, Spite 217 Hilo, Hawaii 96726.4221 Phone: (808) 935-7692 Fax: (808) 935-6126 E-mail: bmishi( Wm%iiarftJmet August 8, 2007 Ms Melanie A. Chinen, Administrator State Historic Preservation Division 601 Kamokila. Blvd.,_# 555 Kapolei, Hawaii 96707 Subject: Request for a "No Effect' determination Change of Zone Application Single Family Residential fifteen thousand square feet (RS-15) to Single Family Residential ten thousand square feet (RS-10) Applicants: Arnold H. Hare and Lillian K. Murakami Tax Map Key: (3) 2-4-10: 31 Dear Ms. Chinen: The applicants will be submitting a request to rezone approximately 22,140 square feet of land from a Single Family Residential fifteen thousand square feet (RS-15) to a Single Family Residential ten thousand square feet (RS-10) zoned district on tax map key no. (3) 24-10: 31. The property is situated on the west side of Kehaulaui Street approximately 420 feet north of the Kawailani Street - Kebaulani Street intersection, Waiakea, South Hilo, Hawaii. The applicants intend to subdivide the existing 22,140 square foot parcel into two lots consisting of 12,021 square feet (proposed parcel 6-A) and 10,119 square feet (proposed lot 6-11). The existing single family dwelling will remain on proposed parcel 6-B and a new single family dwelling will be built on proposed lot 6-A. (See attached preliminary subdivision and location map) The subject properly has been extensively altered by heavy machinery when it was cleared and graded for the construction of a single family dwelling which was constructed in 1951. The property has been utilized for residential and related uses for approximately 56 years. In addition to the dwelling and garage, the property has been improved with a paved driveway, grassed lawn and planted with fruit trees and ornamental foliage. (See attached photos of the property) The subject property is not associated with nor valued by native Hawaiian people or any other ethnic group for carrying out traditional practices and beliefs. The subject property has not been utilized for any other purpose than a single family residence for approximately 56 years. Based on the foregoing, we believe that a determination of "no historic properties affected" is appropriate for the proposed project Thank you for your assistance in this matter. Sm lye B~~ri GGanaa-T~~Nishimura, Planning Consultant ® a= 8 ~ ~8 lu a8" W EfQ ova s 4e Wm_d Q$ pia Z HIIIIIII ~ g e H~ll1J.W1111J $y j u p <g~ R s O °s Xo a Q W Ad Q : tv jr 11- Q o a ~`i g a W 3 p o p i K } Q N Q s 13 2115 0~ ii INV-7flVH3> Q =a Q ? K m a o~ Q < Q p Q W p rv N O n •+o' - loo a.oo L Woo T~, S -w ~ w ILd ~ O N Z;3 a rq~o \ N N ~ Qj fj m~ z a ' LL. a ~ $ O N J O W~ avl~W 8 ~ny gg A !R ~ Q Z~~ Y y a _ ~ w J 4 of as ~E r~io ? Wild F .sew ' P oa iec'ii a-~ 8S E` p 5 k ¢z YB t0 _ §b Y rc G5 y a; HINON Z19~YO Of 3(ILl1 Oli~'mS Z t~ . q •M '•I d bl q td M rfl m C 4J I +t N y M q m o J 0 w w a N ,r W a t z=- ~.r r.~ . '3. ~.,ss s x a ~ as k T'^my t.F a O a 3 Az~ a b+ x , w ro ~ a F (~j yS?V° 42 µ'P 43 ~T t a M~ r M j! I '1 r. DEPARTMENT OF PUBLIC WORKS QOUNTY OF HAWAII HILO, HAWAII DATE: November 21, 2007 uk TO: Christopher J. Yuen, Planning Director FROM: e vrDepartment of Public Works ' SUBJECT: CHANGE OF ZONE APPLICATION (REZ 07-000074) Applicant: Arnold H. Hara and Lillian K. Murakani Request: RS-15 to RS-10 Tax Map Key: 2-4-10: 031 We have reviewed the subject application forwarded by your memo dated October 24, 2007 and offer the following comments for your consideration. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500-year floodplain. The new driveway for proposed Lot 6-A and the driveway to be relocated for Lot 6-13 shall comply with Chapter 22, County Streets, of the Hawaii County Code. The construction of each driveway will require a permit from the Department of Public Works. Questions may be referred to Kelly Gomes of the Engineering Division at ext. 8327. Planning Dgpt. Exhibit a pp WATQR' .L. r/q 9TfW , y ` Q q }111 /1n P.I^'7 AqT 19 dB DEPARTMENT OF WATER SUPP1Y COUNTY OF HAWAII FHAW 345 KEKUANAO`A STREET, SUITE 20 HILO, HAWAII 96720 dP\\. TELEPHONE (808) 961-8050 • FAX(808)961-8657 November 23, 2007 TO: Mr. Christopher J. Yuen, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUBJECT: CHANGE OF ZONE APPLICATION (REZ 07-000074) APPLICANT - ARNOLD H. HARA AND LILLIAN IC MURAKAMI REQUEST: RS-15 TO RS-10 TAX MAP KEY 2-4-010:031 We have reviewed the subject application and have the following comments and conditions. Water can be made available from an existing 6-inch waterline within Kehaulani Street fronting the subject parcel for the proposed 2-lot subdivision. The subject parcel currently served by a 5/8-inch meter, which is limited to a maximum of 600 gallons per day and suitable for only one single-family dwelling. Pursuant to Rule 5 of the Department's Rules and Regulations, the Department requests that the applicant remit a water commitment deposit of $150.00 for the proposed additional lot as soon as possible so that a water commitment may be formally effected. The commitment will be in writing with specific dates and conditions stated. For your information, final subdivision will be subject to the following conditions: I. Construct necessary water system improvements, which shall include, but not be limited to: a. installation of a service lateral that will accommodate a 5/8-inch meter to the additional lot, and b. subject to other agencies' requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development, the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities, should they be necessary. 2. Submit service lateral installation plans prepared by a professional engineer or licensed surveyor, registered in the State of Hawaii, for review and approval. 3. Remit the facilities charge balance, which is subject to change, of $5,350.00, as shown below: FACILITIES CHARGE: I additional unit @ $5,500.00/unit $5,500.00 Water Commitment Deposit Credit -$150.00 Total Facilities Charge (subject to change) Planning D0-pt. $5,350.00 / / Exhibit Water 4iny,4 pro yrem... V U J U V r„ The Department of Water Supply is an Equal Opportunity provider and employer. To file a complaint of discrimination, write: USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 14th and Independence Avenue, SW, Washington DC 20250-9410. Or call (202) 720-5964 (voice and Too) Mr. Christopher J. Yuen, Planning Director Page 2 November 23, 2007 This is due and payable upon completion of the installation of the required water system improvements and prior to final subdivision approval being granted. Should there be any questions, you may contact Mr. Finn McCall of our Water Resources and Planning Branch at 961-8070, extension 255. Sincerely yours, /ilton P.E. Manager FM:dfg copy - Mr. Arnold H. Hara and Ms. Lillian K. Murakami Mr. Brian T. Nishimura Y oq WATEq 1B p DEPAR7.MENT OF WATRrj2 SUPPLY COUNTY OF HAWAII pfNAWp6? z3,45 KEKUANAf5rA 4'T.: EET, SUITE 20 HILO, HAWAII 96720 TELEPHONE (808) 961-8050 • FAX(808)961-8657 December 21, 2007 Mr. Arnold H. and Mrs. Myrtle C. Hara 342 Mahi Ko Place Hilo, HI 96720 CHANGE OF ZONE APPLICATION (REZ 07-000074) APPLICANT - ARNOLD H. HARA AND LILLIAN K. MURAKAMI REQUEST: RS-15 TO RS-10 TAX MAP KEY 24-010:031 This is to acknowledge receipt of the required $150.00 water commitment deposit for the subject application. Receipt No. 254835 is enclosed for your records. Pursuant to Rule 5 of the Department's Rules and Regulations, a water commitment for the proposed 2-lot subdivision in the amount of 600 gallons per day, or 1 additional unit of water at a maximum of )600 gallons per day, is hereby granted until December 31, 2010, with the following conditions: 1. Construct necessary water system improvements, which shall include, but not be limited to: a. installation of a service lateral that will accommodate a 5/8-inch meter to the additional lot, and b. subject to other agencies' requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development, the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities, should they be necessary. 2. Submit service lateral installation plans prepared by a professional engineer or licensed surveyor, registered in the State of Hawaii, for review and approval. 3. Remit the facilities charge balance, which is subject to change, of $5,350.00, as shown below: FACILITIES CHARGE: 1 additional unit @ $5,500.00/unit $5,500.00 Water commitment deposit credit -$150.00 Total Facilities Charge (subject to change) $5,350.00 This is due and payable upon completion of the installation of the required water system improvements and prior to final subdivision approval being granted. Water brinrya procgrees... 0 3 6 7 2 1 I t The Department of Water Supply is an Equal Opportunity provider and employer. To file a complaint of discrimination, write: USDA, Director, Office of Civil o:- - o--... anc I., 1.u, --d .-w--..-w---- n.._-.._ .u - - - _ , Mr. Arnold H. and Mrs. Myrtle C. Hara Page 2 December 21, 2007 Should there be any questions, you may contact Mr. Finn McCall of our Water Resources and Planning Branch at 961-8070, extension 255. Sincerely yours, Milton D. Pauao, P.E., Manager FM:dfg copy - Planning Department I Bobby Jean Leithead-Todd Harry Kim Director ,~ti.~aA' T q m 17 - - •!s` Nelson Ho 3 Os N~ i Deputy Director ; Count of PaT aal't DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo, Hawaii 96720 (808) 961-8083 Fax (808) 961-8086 h!W:Hco.hawaii.hi.us/directory/dir envmng.htm MEMORANDUM Date : October 25, 2007 To CHR/IIS~TjOPJI R YUEN, Planning Director From: BOBI ,JEAN EITHEAD-TODD, Director Subject: Change of Zone Application (REZ 07-000074) Applicant: Arnold H. Hara and Lillian K. Murakami Request: RS-15 to RS-10 TMK: 24-10:31 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: WASTEWATER COMMENTS: No comments ( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii County Code. ( ) Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawaii County Code. Complete D.E.M. Sewer Extension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawaii County Code. ( ) Other: TECHNICAL SERVICES COMMENTS: !0t~ 5 ln~ 1e)- r"A-yn SOLID WASTE COMMENTS: ( ) No comments Commercial operations, State and Federal agencies, religious entities and non-profit organizations may not use transfer stations for disposal. ,),;Zo) Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. (n) Ample and equal room should be provided for rubbish and recycling. (A) Greenwaste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or other suitable diversion programs. (-4) Construction and demolition waste is prohibited at all County Transfer Stations. Submit Solid Waste Management Plan in accordance with attached guidelines. ( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. ( ) Other: cc: SWD, TSS, WWD Q 10106 Y 90.1 Planning DDep County of Hawaii is an Equal Opportunity Provider and Employer. Exhibit 7 or • y, Bobby Jean Leithead-Todd Director Harry Kim Mayor Nelson Ho ~ Deputy Director M Rr Count If flat al"I DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Anpuni Street • Hilo, Hawaii 967204252 (808) 961-8083 • Fax (808) 961-8086 September 14, 2007 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 developments. 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 consultant's 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 commercial 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. Identification of the proposed disposal site and transportation methods for the various components of the waste disposal and recycling system, including the number of truck traffic and the route that truck will be using to transport the waste and recycled materials. 01 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 commercial 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 civil engineer will draft and certify the solid waste management plan. If you have need additional information, please contact Michael Dworsky, P.E., Solid Waste Division Chief at 808-961-8515. CONCUR: 0e Bobby Jean Leithead-Todd DIRECTOR 10/13/03 Revised 09/14107 Hawaii County is an Equal Opportunity Provider and Employer. _ o~pty os x'•:L Harry Kim ` Lawrence K. Mahmna Mnyor pin=' "~`?':I ,y;: Police Chief • pr Harry S. Kwbojiri r~rF ot•H•.N Depury Police Chief County of Hawaii POLICE DEPARTMENT 349 Kapiolani Street • Hilo, Hawaii 96720-3998 (808) 935-3311 • Fax (808) 961-8869 October 29, 2007 TO CHRISTOPHER J. YUEN, PLANNING DIRECTOR FROM SAMUEL OMAS, MAJOR, AREA I OPERATIONS BUREAU SUBJECT: CHANGE OF ZONE APPLICATION (REZ 07-000074) APPLICANT: ARNOLD H. HARA AND LILLIAN K. MURAKAMI REQUEST: RS-15 TO RS-10 TAX MAP KEY: 2-4-10:31 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 Planning Dept. exhibit S "Hawai'i County is an Equal " r i Opportunity Provider and Employer" \ ~ 'y 'f ) ~ ~ 3 . ~Ne7w a4j+v Harry Kim Darryl J. Oliveira Mayan i f Fire Chief t Glen P.I. Honda Deputy Fire Chief (County of "pakUai`-i HAWAII FIRE DEPARTMENT 25 Aupuni Street • Suite 103 a Hilo, Hawai`l 96720 (808) 981-8394 • Far (808) 981-2037 October 29, 2007 TO CHRISTOPHER J. YUEN, PLANNING DIRECTOR FROM DARRYL OLIVEIRA, FIRE CHIEF SUBJECT: CHANGE OF ZONE APPLICATION (REZ 07-000074) APPLICANTS: ARNOLD H. HARA AND LILLIAN K. MURAKAMI REQUEST: RS-15 TO RS-10 TAX MAP KEY: 2-4-10:31 We have no comments to offer at this time in reference to the above-mentioned Change of Zone application request. D iOkLIVE Fire Chief PBE:Ipc Planning Dept. Exhibit ni t p~ p ~ .i tl .J 1 21 1 Hawaii Coun6y is an Equal Opportuuily Provider and Employer. <E OF h LAURA R. MIMEN LINDA LINGLE AF 5 s cxAmFFxsoN GGVERNORGFMWAII 9 COMOOF LNT NN NATIgALgESpVRC45 l,MMMlC41CN ON WAIFA RFBWBCEMANAOENFM 9 f A~t~ ahd STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION SraholMa+ POST OFFICE BOX 621 HONOLULU, HAWAII 96809 October 26, 2007 County of Hawaii Planning Department 101 Pauahi Street Suite 3 Hilo, Hawaii 96720 Attention: Mr. Norman Hayashi Gentlemen: Subject: Change of Zone Application (REZ 07-000074), Arnold Hara and Lillian Murakami, Hilo, Hawaii, Tax Map Key: (3) 2-4-10:31 Thank you for the opportunity to review and comment on the subject matter. The Department of Land and Natural Resources' (DLNR) has no other comments to offer on the subject matter. Should you have any questions, please feel free to call our office at 587-0433. Thank you. Sincerely, Russell Y. Tsuji Administrator Planning Dept. cxhibitLIL ~ J 1 U `.tC '3 LINDA LINGLE CHIYOME L. FUKINO, M.D. GOVERNOR A,~ ,obg i Director of Health STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 N MEMORANDUM DATE: November 7, 2007 TO: Christopher J. Yuen Planning Director, County of Hawaii FROM: Newton Inouye Y,~r- Acting District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 07-000074) Applicant: Arnold H. Hara and Lillian K. Murakami Request: RS-15 to RS-10 Tax Map Key: 2-4-10:31 We recommend that you review all of the Standard Comments on our website: www.state.M.us/health/environmental/env-planning/landuse/landuse.htmI. Any comments specifically applicable to this project should be adhered to. WORD:REZ 07-000074.my Planning ~ept. Exhibit RHwaMmakami-REZ07-074 jwd ] 2-27-07 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION ARNOLD H. HARA AND LILLIAN K. MURAKANII CHANGE OF ZONE APPLICATION (REZ 07-000074) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation of the Change of Zone request be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Planning Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicants are requesting a change of zone from a Single-Family Residential - 15,000 square feet (RS-15) to a Single-Family Residential - 10,000 square feet (RS-10) zoned district to subdivide the property into two lots. One lot will be approximately 10,119 square feet in size and will retain the existing single-family dwelling. The second lot will consist of approximately 12,021 square feet in which a new single-family dwelling will be constructed. The applicant has stated that family members will use both lots for residential purposes, but there will not actually be a restriction to the owners being family members. The estimated cost of the project is $200,000. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The Change of Zone request from a Single-Family Residential 15,000 square foot (RS-15) to a Single-Family Residential -10,000 square foot (RS-10) zoned district conforms to the goals, policies and standards of the General Plan Economic and Land Use Elements. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land Use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The proposed Change of Zone will conform to, among others, the goals, policies and standards of the Land Use and Economic Elements of the General Plan: 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. Land Use - Single Family Residential • To maximize choices of single-family residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single-family residential zoned areas. • To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers that takes natural beauty into consideration. Economic • Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. -2- • 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. The requested change of zone conforms to the General Plan Land Use Pattern Allocation Guide (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 property is designated Low Density Urban, which reflects uses single-family residential in character. The Land Study Bureau's Soil Rating and the ALISH Map identify the area as Existing Urban Development. The property is rectangular in shape and 22,140 square feet in size, located on the west side of Kehaulani Street. There is a single-family dwelling on the property that was constructed in 1951. The area is predominantly single family residential in character. Surrounding properties are zoned RS-15. Two properties inclose proximity to the north were rezoned from RS-15 to RS-10 in 1983 & 1984. Within a mile of the property, there are various commercial uses including restaurants, shopping centers, churches, schools and convenience stores. The State Land Use designation for the subject property is Urban. The proposed change of zone would complement the existing land uses in this area and will provide for an orderly development of the area. Under the current zoning, the owner could build a second house on the lot, as an ohana dwelling', but could not subdivide the property. The Planning Director supports this rezoning request to allow a two-lot subdivision with one home on each lot. Therefore, a condition will be included in the change of zone ordinance to prohibit a second dwelling (Ohana) unit and a Condominium Property Regime on each lot. The rezoning therefore does not increase the potential -3- number of houses, but gives the owners the option of subdividing into two lots, which can simplify the financing of the second dwelling. All utilities and services are available to the site. County water is available to the site. The applicants propose to use a septic system for the new dwelling, meeting with the approval of the State Department of Health. Solid waste will be disposed at appropriate sites designated by the Department of Environmental Management. Electricity and telephone services are available to the site. The closest fire station is located on Kawailani Street approximately 0.5 mile from the site. The police station is located approximately 2.5 miles from the property. Public schools are located within one mile of the site. Access to the site is from Keahulani Street, which is a County owned and maintained roadway with a 16-foot paved roadway within a 40-foot right-of-way. The property has no severe geological or topographical problems which cannot be rectified or which would render the land unusable. The project site is located within Zone "X", area determined to be outside the 500-year floodplain. All development generated storm run-off shall be disposed of on-site and not allowed onto adjacent properties or roadways. The property has been developed for single-family residential use since 1951, thus no formal archaeological study was conducted. By letter dated August 8, 2007, the applicants have requested a "no effect" letter from the Department of Land and Natural Resources Historic Preservation Division (DLNR-BPD). No response has been received as of the date of this writing. No professional flora or fauna surveys were conducted of the site, as the property has been developed for single-family residential use since 1951. The property has been extensively landscaped with a lawn and ornamental species. The property is located in an urban setting in an area dominated by single-family residential uses. Given the disturbed and urban nature of the surrounding area, the presence of any endangered animal life is remote. The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not located in the Special Management Area. The project site is located more than two miles from the shoreline -4- and will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access to the shoreline or mountain areas that traverses the property. According to the applicants, no valued cultural, historical or natural resources exist on the property and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Therefore, no action is necessary to protect these rights. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka Aina" decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: Investigation of valued resources: No formal archaeological reconnaissance survey, oral history of kamaaina accounts of the area, historical survey of documentary records, botanical and/or fauna study was submitted. By letter dated August 8, 2007, the applicants have requested a "no effect" letter from the Department of Land and Natural Resources Historic Preservation Division (DLNR-SHPD). The valuable cultural, historical, and natural resources found in the rezoning area: The property is improved with a 56-year old single-family dwelling. The property has been extensively landscaped with a lawn and ornamental species. The applicants state that there is no habitat that would appear valuable for native terrestrial or aquatic species. Possible adverse effect or impairment of valued resources: Native plants could be destroyed by construction and ground alteration. The property does not abut the shoreline, therefore Hawaiian gathering and fishing rights is not an issue. Feasible actions to protect native Hawaiian rights: Conditions of approval will be included to require the applicants to notify the DLNR-SHPD should any unidentified sites or remains be encountered, and proceed only upon an archaeological clearance from the DLNR-SHPD. There is no evidence of any traditional and customary Native Hawaiians rights being practiced on the site, nor existence of any known valued cultural, historical or native resources in the area. Thus, it is believed that the project would have -5- no adverse impact relative to the cultural and historical resources of the area. To the extent to which traditional and customary Native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights and no action is necessary to protect these rights. Based on the above findings, approval of this change of zone request from a Single-Family Residential - 15,000 square feet (RS-15) to a Single-Family Residential 10,000 - square feet (RS-10) zoned district would result in an appropriate land use pattern that will further benefit the general public. The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map), Chapter 25 (Zoning Code) of the Hawaii County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -6- ~JN~v Of ry7•y COUNTY OF HAWAII STATE OF HAWAII h'a'ws 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 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL - 15,000 SQUARE FEET (RS-15) TO SINGLE FAMILY RESIDENTIAL - 10,000 SQUARE FEET (RS-10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-4-010:031. 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 Single Family Residential - 10,000 square feet (RS-10): Beginning at a pipe at the southwest comer of this lot and on the east boundary of Waiakea Homestead, Lot 612-B, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Halai" being 11294.20 feet South and 7707.28 feet East, and running by azimuths measured clockwise from true South: 1. 175° 40' 100.00 feet along the east boundary of Waiakea Homestead, Lot 612-B, to a pipe; 2. 265 ° 40' 222.00 feet along Lot 7 to a pipe; 3. 355° 40' 100.00 feet along the west side of a 40-foot road to a pipe; -1- r 4. 85° 40' 222.00 feet along Lot 5 to the point of beginning; and containing an area of 22,200 square feet. All as shown on the map attached hereto, marked Exhibit "A" and by reference made part hereof. SECTION 2. hi accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -2- RS-15 RS-15 RS-15 RS-15 ~ N R 15 KOLEPA PL SINGLE-17 MILY RESIDENTIAL m RS-15 15 000 SO RE RESIDENTIAL 5 10 000 SQ ARE _ 22,20 SQUARE FEET R -10 ti x s RS-15 5 y FR5,15 RS-15 11,294.205 RS75 7,707.28 E N RS 15 RS-15 R 15 RS-15 z °x W KAWAILANI ST m y z R -15 R 15 RS 15 RS 15 m D y Z 8 m2 Dq y R 15 R S45 RS-15 RS-15 RS-15 0 215 430 850 1,290 1,720 Feet AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL 15,000 SQUARE FEET (RS-15) TO SINGLE-FAMILY RESIDENTIAL 10,000 SQUARE FEET (RS-10) AT WAIAKEA, SOUTH HILO, HAWAII MAP PREPARED BY 6: 2-4-010:031 COUNTY OF HAWAII PLANNING DEPARTMENT DATE: October 17, 200 EXHIBIT "A„ (Arnold H. Hara 8 Lillian K. Mumkami:1240) MmMurakami-REZ07-074.jwd 12-27-07 ARNOLD H. HARA AND LILLIAN K. MURAKAMI CHANGE OF ZONE APPLICATION (REZ 07-000074) CONDITIONS OF APPROVAL A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within one hundred and eighty days from the effective date of this ordinance. C. Final Subdivision Approval shall be secured within five (5) years from the effective date of this ordinance. D. All driveway connections to Kehaulani Street shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. E. Restrictive covenants in the deeds of all the proposed lots shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owners of the property may also impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State of Hawaii Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. F. All development-generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. If required by the Department of Public Works, a drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works prior to issuance of a construction permit. Any recommended drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to receipt of a Certificate of Occupancy. G. 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 H. 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. 1. The applicants shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval. The fair share contribution for each lot shall be based on the actual number of residential units developed. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a combined value of $10,976.69 per single family residential unit. The total amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per single family residential unit shall be allocated as follows: 1. $5,293.15 per single family residential unit) to the County to support park and recreational improvements and facilities; 2. $255.34 per single family residential unit) to the County to support police facilities; 3. $504.33 per single family residential unit) to the County to support fire facilities; 4. $220.80 per single family residential unit) to the County to support solid waste facilities; and -2- 5. $4,703.06 per single family residential unit) to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicants may contribute land and/or construct improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. J. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. K. The applicants shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. L. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the 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 originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). 5. If the applicants should require an additional extension of time, the Planning Department shall submit the applicant's request to the Planning Commission and the County Council for appropriate action. -3- M. 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. -4-