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HomeMy WebLinkAboutCOM 1471.000 2006-2008Harry Kim Mnyor Dixie Kaetsu Mnnuging Director Barbara Kossow Deputy Mnnnging Director County of Hawaii 25 Aupuni Street, Room 215 Hilo, Hawaii 96720-4252 (808) 961$211 Fax (808) 9616553 KONA: 75-5706 Kuakini Highway, Suite 103 Kailua-Kona, Hawaii 96740 (808) 3295226 Fax (808) 326-5663 September 18, 2008 Honorable Pete Hoffmann, Chairman and Members of the County Council County of Hawaii 333 Kilauea Avenue Hilo, HI 96720 Dear Chairman Hoffmann and Members: Change of Zone Application (REZ 08-000080) Applicant: Raymond and Jane Otomo Request: RS-15 to RS-10 Tax Map Key: 3-6-8:2 ~~ 0 m t7 ~ rn CJ -~ ~~ (- ~- ' T- co tT - f-. ~ r, - GJl _ ~D 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 letter and enclosures regarding the above-referenced request. Si cerely, I.i Harry Kim U Mayor Enclosures cc: Planning Department Comm, No. Ref. To, L Rof, .Date. 2^ 4 2_ ~6_ County of Hawaii PLANNING COMMISSION Aupuni Cenmr • 101 Peuahi Street, Suite 3 • Hilo. Hawaii 96720 Phone (808)961-8288 • Fax (808)961-8742 September 18, 2008 Pete Hoffmann, Chairman and Members of the County Council County of Hawaii 333 Kilauea Avenue, 2nd Floor Hilo, HI 96720 Dear Chairman Hoffmann and Council Members: Change of Zone Application (REZ 08-000080) Applicant: Raymond and Jane Otomo Request: RS-15 to RS-10 Tax Map Kew 3-6-8:2 The Planning Commission, after a duly held public hearing on September 4, 2008, voted to recommend for your approval the proposed legislative bill for a change of zone from a Single Family Residential - 15,000 square foot (RS-15) to a Single Family Residential - 10,000 square foot (RS-10) zoned district for approximately 22,366 square feet of land. The property is located on the south side of Puualaea Homestead Road, near the intersection with Spencer Road, Manowaiopae Homestead, North Hilo, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The applicants are requesting a change of zone from Single-Family Residential - 15,000 square feet (RS-15) to Single-Family Residential - 10,000 square feet (RS-10) to subdivide the property into two lots. One lot will be approximately 10,701 square feet in size and will retain an existing single-family dwelling. The second lot will consist of approximately 11,665 square feet, which will include a 1,399 square foot, 15-foot wide access easement. The applicant intends to develop this lot with a new single-family dwelling and convey it to a family member. 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 aSingle-Family Residential - 15,000 square feet (RS-15) to aSingle-Family Residential - 10,000 squaze feet (RS-10) 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 Housing 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 - Sinele Family Residential To maximize choices of single-family residential lots and/or housing for residents of the County. Pete Hoffmann, Chairman and Members of the County Council Page 3 To ensure compatible uses within and adjacent to single-family residential zoned areas. • 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. Housing Encourage and expand home ownership opportunities for residents. Seek sufficient production of new affordable rental and fee-simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. 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 vazious 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 that are single-family residential in chazacter. The property is rectangulaz in shape and 22,366 squaze feet in size. There is a single-family dwelling that was built in 1984 on the property. The area is predominantly single family residential and agricultural in character. Almost all of the adjacent lots mauka of Puualaea Homestead Road are zoned RS-15, while most of the residential lots makai of Puualaea Homestead Road in the town of Laupahoehoe are zoned RS-10. The lots mauka of the subject property aze zoned agricultural (A-20a and A-la). The town's commercial district, which includes a post office, court house, and other services, is located within a half mile of the site. The State Land Use designation for the subject property is Urban. Therefore, the proposed change of zone would complement the existing land uses in this area and will provide for an orderly development of the area. Pete Hoffmann, Chairman and Members of the County Council Page 4 Under the current zoning, the owners 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 atwo-lot subdivision with one home on each lot. Therefore, a condition will be included in the change of zone ordinance to prohibit a second dwelling (ohana) unit and a condominium property regime on each lot. As a result, the rezoning will 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, telephone and cable services are available to the site. The police and fire stations are located about one half mile from the property. Public schools are located within one mile of the site. Access to the site is from Puualaea Homestead Road, which is a County owned and maintained roadway with 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 for about 30 years, thus no formal archaeological study was conducted. The applicant's agent has 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 for 30 years. 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. Pete Hoffmann, Chairman and Members of the County Council Page 5 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 about a quarter mile from the shoreline and will not be impacted by coastal hazard and beach erosion. The shoreline in this area is characterized by high sea cliffs. 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 azchaeological reconnaissance survey, oral history of kama'aina accounts of the area, historical survey of documentary records, botanical and/or fauna study was submitted. The applicant's agent has 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 has been in residential use for 30 years; therefore it is unlikely that valuable habitat exists for native terrestrial species. Possible adverse effector impairment of valued resources: Native plants could be destroyed by construction and ground alteration. The property does not abut the shoreline; therefore Hawaiian 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 Pete Hoffmann, Chairman and Members of the County Council Page 6 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-LS) to aSingle-Family Residential 10,000 -square feet (RS-10) 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 25-8-21 (Laupahoehoe-Ninole Zone Map), of the County Zoning Code is transmitted. We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, Rell Woodward, First Vice Chairman Planning Commission Lotomo02PC Enclosures cc: Raymond and Jane Otomo Mr. Paul H. Murray Department of Public Works Department of Water Supply Department of Land & Natural Resources-HPD/Kona DOT-Highways, Honolulu Lincoln Ashida, Esq., Corporation Counsel BOtomo-REZOS-OSO.mjc 7-7-08 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT RAYMOND F. AND JANE S. OTOMO CHANGE OF ZONE APPLICATION (REZ 08-000080) RAYMOND and JANE OTOMO have submitted an application for a Change of Zone from Single-Family Residential - 15,000 square feet (RS-15) to Single-Family Residential - 10,000 square feet (RS-10) for approximately 22,366 square feet of land. The property is located on the south side of Puualaea Homestead Road, near the intersection with Spencer Road, in Manowaiopae Homestead, North Hilo, Hawaii, TMK: 3-6-008:002. 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. One lot will be approximately 10,701 square feet in size and will retain an existing single-family dwelling. The applicants intend to continue to own this lot. The second lot will consist of approximately 11,665 square feet, which will include a 1,399 square foot, 15-foot wide access easement. The applicants intend to build a new single-family dwelling on the second lot and convey the lot to their son. Upon approval of the change of zone, the applicants will apply for subdivision approval within one year. Construction of the new dwelling will begin within one year from the date of Final Subdivision Approval. (Exhibit I-Change of Zone Application) 2. Landowner: Raymond F, and Jane S. Otomo. s STATE AND COUNTY PLANS 1. State Land Use Designation: Urban. 2. County Zoning: RS-15. GP LUPAG Map: Low Density Urban. Laupahoehoe Rural Design Plan: The subject property is located within the area identified for "urban expansion" of this plan which was adopted by ordinance by the County Council in 1979. A goal of this plan is to maintain the rural chazacter of the -1- ATTACH: Cortm. 1471 Bill 370 Laupahoehoe area by recommending architectural design guidelines for new construction that are consistent with existing Plantation-style structures. 5. Coastal Zone Management, Chapter 205A, HRS: The entire State of Hawaii lies within the Coastal Zone Management Area. The proposed change of zone is consistent with Chapter 205A, HRS in that it will not negatively impact recreational resources, historic resources, scenic and open space preserves, coastal systems, coastal hazazds, marine resources or other natural and environmental resources. 6. Special Management Area (SMA): The SMA is a part of the Coastal Zone Management Program and regulated by the County. The property is located approximately a quarter mile from the rteazest shoreline and is not situated within the Special Management Area. DESCRIPTION OF PROJECT SITE AND'SURROUNDING HREA 3. Subject Property: The property is rectangular in shape and 22,366 squaze feet in size. There is a 3-bedroom/1-bath single-family dwelling with attached carport that was built in 1984 on the property. A 10-foot wide future road widening setback is located along the property's frontage with Puualaea Homestead Road. The elevation of the property is about 500 feet above sea level. 4. Surrounding Zoning and Land Uses: The azea is predominantly single family residential and agricultural in chazacter. With the exception of TMK: 3-6-008:006, which was rezoned from RS-15 to RS-10 in 1977, all of the adjacent lots mauka of Puualaea Homestead Road are zoned RS-15. Almost all other residential lots makai of Puualaea Homestead Road in the town of Laupahoehoe aze zoned RS-10. The lots mauka of the subject property are zoned agricultural (A-20a and A-1 a). The town's commercial district, which includes a post office, court house, and other services, is located within a half mile of the site. 5. U.S.D.A. Soil Type: Ookala silty clay loam, 12 to 20 percent slopes, about 12 inches deep (OoD). The erosion hazard for Ookala soils is moderate, runoff is medium, and permeability is moderately rapid. ALISH: Unclassified. Land Study Bureau's Productivity Rating: Not classified. -2- 8. FIRM: Zone "X", an area outside of the 500-year flood plain. 9. Flora/Fauna: As the property is improved with asingle-family dwelling, no professional surveys were conducted of the site. The property is located in an urban setting in an area dominated by single-family residential uses. According the applicant the general azea is not known to be a habitat for any rare or endangered animal life. 10. ArchaeologicaUCulturaUHistorical Resources: No professional archaeological surveys or cultural assessments were conducted of the property. According to the applicants, the past and current residential use of the site makes it highly unlikely that any archaeological, cultural or historic sites are present on the property. The applicants' agent, Paul H. Murray has requested a "no effect" letter (undated) from the Department of Land and Natural Resources Historic Preservation Division (DLNR-SHPD). No response has been received as of the date of this writing. 11. Public Access: There is no record of a designated public access to the shoreline or mountain azeas that traverses the property. The closest mauka-makai trail is located about 200 feet southeast of the property along Spencer Road. PUBLIC UTILITIES AND SERVICES 12. Access: Access to the site is from Puualaea Homestead Road, which is a County owned roadway with a 40-foot right-of--way. Upon subdivision, access to the reaz lot would be over a 15-foot wide easement along the northern property boundary. 13. Water: County water is available to the site. 14. 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 Deparhnent of Health. 15. Solid Waste: All solid waste will be transported and disposed of by the homeowners or commercial haulers to authorized landfills or transfer stations. 16. Essential Utilities and Services: Electricity, telephone and cable services are available to the site. Police and fire facilities are located about a half mile makai of the property. AGENCIES' COMMENTS 17. Department of Environmental Management: (Exhibit 2 -June 10, 2008 memo) 18. Police Department: (Exhibit 3 -June 17, 2008 memo) -3- 19. Fire Department: (Exhibit 4 -June 18, 2008 memo) AGENCIES - NO RESPONSE 20. Department of Public Works, Department of Water Supply, Department of Parks and Recreation, Office of Housing and Community Development, Department of Land and Natural Resources, Department of Health, Natural Resources Conservation Service PUBLIC COMMENTS 21. 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- i9G8 (CRY ~? pm , % C9 APPLICATION FOR COUNTY REZONING (RS-15 toRS-10) APPLICANT: RAYMOND & JANE OTOMO ~ MANOWAIOPAE HOMESTEADS NORTH HILO, HAWAII TAX MAP KEY: (3)3-6-008:002 Prepared For: RAYMOND AND JANE OTOMO May 18, 2008 Planning ®E~t. Exhibit I May 5, 2008 Mr. Christopher Yuen, Director County of Hawaii Planning Department 101 Pauahi Street Hilo, HI 96720 Deaz Mr. Yuen: Subject: Rezoning Request (RS-15 to RS-10) -Raymond & Jane Otomo Transmitted herewith for your review and processing is an application to rezone a 22,366 square foot parcel from RS-15 to RS-10. The subject parcel is located on the south side of Puualaea Homestead Road, directly across IGlau Subdivision in the City of Laupahoehoe. if approved, the applicant wishes to subdivide the site into 21ots, ranging between 10,000 to 11,000 square feet. Most of the surrounding azea has developed into residential subdivisions. Pursuant to the submitted requirements, please find enclosed the following: a. Original and twenty (20) copies of the application form, department questionnaire, and environmental report which includes the location and proposed site plans; and b. The processing Cee of $550.00, a 2'x 3' copy of the site plan, [ax cleazance form, a list of surrounding property owners within 300 feet of the subject parcel, the metes and bounds description, and a deed reflecting the applicant's ownership in the subject property. The required notices to surrounding property owners informing them of this application will be mailed within 10 days of the date of this letter If there are questions relating to this application, please feel free to direct them to me. Thank you very much. Sincerely, R~~ a~ Raymond Otomo Property Owner CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Raymond F. And Jane S. APPLICANT'S SIGNATURE:~~~ref~ ~_ L~(.e~7yi.~ DATE: 3~6 - o $ ADDRESS:P.O. Box 186 Laupahoehoe, HI 96764 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (Res.) (808) 962-6849 (F~) LANDOWNER(S): Raymond F. And Jane S. Ot mo rx-,u- LANDOWNERSIGNATURE(S): DATE: ~3 --b, _ d (May be by letter) LANDOWNER(S) ADDRESS: P.O. Box 186 Lauaahoehoe, HI 96764 C REQUEST: RS-15 TO RS- (Existing inning) (Proposed Zoning) TAX MAP KEY: 3-6-008:002 AGENT: PAUL H. MURRAY 8~ ASSOCIATES, LLC P.O. BOX 1189 HILO, HI 96721-1189 TELEPHONE:(Bus.) (808) 959-8595 (Res.) (808) 959-8595 (F~) (808) 959-0355 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: COPIES: SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 22,366 SO. FT. 3 TTTT(`SSMCTiT 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 quesfion 3. a• How many acres of the requested area do you intend to subdivide? 22,366 Sq. Ft b. Into what lot sizes? 2 ~. 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? 1 Year 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? 1 At what approximate price range? House $150,000 Lots $100,000 Total $250,000 Approximately how long, after approval of the subdivision, would the first house be available for occupancy? 1 Year 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 ta: a. Sell or lease the land to someone who has firm plans. No b. Sell or lease the land to someone who has tentative plans? No ~• Sell or lease the land to someone who has no plans? No d. Keep it? Yes e. other (please state) f. If you intend to do either a, b, or c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. ' 3. Do xou think that your request and. your further plans for the land will alleviate the local housing situation? No How? 4. Are there any buildings on the subject area? Yes If so, what kind? Single Family Dwelling what do you intend to do with those buildings if your request is approved? it 4~~ -2- =• Is the subject land currently being used for any agricultural activity? No If so, please list the kinds of products grown and on how many square feet or acres of land per product. 6• To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. ~• Do you think that the roads leading to the subject area needs improvement? No If so, what kind? Is the road adequate fox 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 ~ a. Schools R b. Roads g c. Sewer R d. Drainage x e, police Protection R -3- Ye s fIo f. Fire Protection X 9, Recreational Facilities R 6. Public Utilities g ~. other For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. Signature: ~ t',y~y~r~Zq/` ~! Address: 36-2349 Puualaea Homestead Road Telephone: 962-6289 Date: March 6, 2008 6337A/SOA -4- COUNTY ENVH2ONMENTAL REPORT COUNTY REZONING REQUEST (R-15 to R-10) Raymond & Jane Otomo Lot 17, Manowaiopae Homesteads, North Hilo, Hawaii TAX MAP KEY: (3)3-6-008:002 I. The applicants, Raymond & Jane Otomo, is requesting to have a 22,366 square feet pazcel rezoned from Single Family Residential - 15,000 square feet to Single Family Residential - 10,000 square feet in Manowaiopae Homestead, North Hilo, Hawaii. The property is located on the south side of Puualaea Homestead Road, neaz the intersection with Spencer Road. (See Attached Plat Map) If approved, the applicant intends to subdivide the subject site into 2single-family residential lots, with a minimum area of 10,000 squaze feet. II. PROJECT LOCATION The project area is located on the south side of Homestead Road, directly across of Kilau Subdivision in Manowaiopae Homesteads, North Hilo District. The subject site is located approximately 30 miles for the City of Hilo, The County's Port of entry and major Urban Center. IIL PROJECT DESCRIPTION A. Proiect Concept and Components The applicant is proposing to subdivide the property into 2 lots. With the second lot to be conveyed to his son. The applicant understands the subdivision plan submitted herein may change prior to receipt of final subdivision approval to accommodate County subdivision requirements, appropriate conditions of zoning approval. '~ NOTES: 1 J AZIMUTHS AND COORDINATES ARE REFERRED TO GOVERNMENT SURVEY TRIANGULATION STATION"MANOWAIOPAE", - 2.))THE EXISTING ZONING9N dHE SUSJECf-AND Af7JOINING PR9PER}3E515 R5-15 51NGLE FAMILY 15 000 54UARE FEEL THELOTS ~IN KILAU SUBDIVI510N :4RE ?ONED SRS-10 SINGLE-FAMILYI©;YJOfJ:54UAkEFEEl. TMK3F-D08:W6 {5 ALSOZONED R5-10. 3.7 THE NAMES OF THE OWNERS OF tHEADJACENT PARCFIS WERE TAKEN FROM AVAILABLE TAX MAP RECORDS, KfLAU S~UBDfYf5f0N LflT 14 tD7 i'6 ELELTPJC 4NE8 EDGE-0F RAVEMFM i~0-MES~E~D iZO~,~ fl DL O. O K v n~ S .fL i9 0 F > .~ O ~ -1 = io 'mod w m c~ O Z ro 0 / LICENSED PROFESSIONAL * LAND SURVEYOR No. LS-7589 , OWNERS: -RAYMOND f-& JAMES O'fOMO 60k186 YAVPAtlOEHOE fYl'96764 ~~ o an ~,- ~ ~, ~ ~ ~ ~~ ~. ~. ' ~' n rzzoo eia , s7~ i FUfURERORD-WIDENINGSETBAEK (iD-FEET NADEj~ _ 253.°35; K 3A3°35:1A: ~&,70~0 ~R~IO~ ~ :V 9 ~ " V ~ gy ~ y ~ ~ y yy Ti7 Y't19 ~Y~X 7 . - 113 ~, m _ _ . - . ry - - - m ~ . _ ~. 1f3 I _ ..RVEl11N6 {, ;- to ~ ~ ~ ( ~ Z5 ty .. w 1 RODFDYf~ NANG` :~ ~ ~ E N ~ _ _ _ ~ BUILDING SETBACX ONES m IVY ¢ ~ ~ . p j S S ~ ''~- 298°35 >~ 17200 ~~ fl L ~ ~ m, •SR; z k©~ 1'~-G-2 O ~ p 'r z Z --I to ~ w ~ ~ m v N A y ~ ~ 1 F 3 0 -4 u, _ O .as y i3~ ~. o a o ~ to ~' _ Q q Y ~~ '1sa°3s zs;roo 1 o~ L0F 'f7-D ~~ OWNERS: SOLOMON K MALANI JR .&WF.t3LY_L. ~IXAlRATM1N DA7F: J.'RRIL 3D, ?008 J ~~~~7-1/ LI d717'x~L tYi 1J17Y7.7111Y ~i181JIVi51aN OP t~~'~~~G, ~,~~3D~A90P~£ }'it9trt£'vi~,~5 k'QRTfO{~ pP k,OTti7.OP.~t'y1' 6889TO A[.ER~D AWONG ~It1~3fl1~J#+afl~'~£, ~flR'F+~ ~11;f1. ~81:A~iD flF ~f11~JAaL ~AWA13 SIJRYEI ANIF I'CAN:61' PAIILH. MllR~AY&.ASSOGI;5TE5,.CCG P. 0. BO% H89 HILO, HAWAII' yhm©8-07,awl,atolw~.pro,~oxolpra- .FE6.R.UfiRY~24,2048 73r1K 3-6-008.002 Q Q Q " I I{ i I ~~ ~ ~ ~ ~~ i. ':~ ~_... ~-- ,,fir, !r ((~ ~~ ~ ~' \ . ~ ,~\ ... ~I _. sUB~i~ VICINITY MRP y ~] 0 x ~. 0 z 0 ti N~ y O 1~ ~ ~~~. I.j _' `,, B. Project Timetable The applicant hopes to secure necessary County rezoning approval as soon as possible and begin the subdivision process immediately thereafter. IV. INSTITUTIONAL CONIDERATIONS A. State Land Use The State Land Use designation for the area is Urban. Therefore no further State Land Use Commission action is required. B. County General Plan The County General Plan Land Use Pattern Allocation Guide (LUPAG) map designated the site Low Density Urban Development. This designation allows consideration for uses that-aze single-family residential in chazacter, ancillary community and public uses and convience type of commercial uses. Based on the requested Single-Family (RS-10) zoning, the project would be consistent with the current General Plan. C. Lauaahoehoe Rural Design Plan The subject site is located within the designed "Limits of Recommended Urban Expansion Area" of the Laupahoehoe Rural Design Plan, adopted by the County Council by Ordinance 444 in Tune 1979. D. County Zoning The proposed zoning of the subject property is Single-family Residential (RS-10). Properties in the general azeas north and east of the subject site aze characterized by single-family residential lots ranging between 10,000 square feet to 15,000 squaze feet. If approved, the site would be subdivided in a manner meeting with both the Zoning and Subdivision Codes. Further, all uses and standards consistent with the requested RS-10 zone would be allowed to. E. Special Management Area The site is not located within the County Special Management Area (SMA). As such, no SMA Use Permit would be requested. F. Other Permitting Considerations Should these applications be approved, other permits would be required. These would be of the "ministerial" variety, such as Subdivision Approval, Building Permit and the like. V. ENVIRONMENTAL CONSIDERATIONS A. General Descriution The elevation of the site is approximately 500 feet above mean sea level. The mean annual rainfall in this area is approximately 120 - 200 inches. The water months tend to occur between March through September. The mean annual temperture is about seventy (70) degrees Farenheit to the lower 80's. Because the site is situated on the northeast side of the island, winds tend to be trade and variable. The subject property is rectangulaz in shape. Its width fronting Homestead Road is 132 feet and its length is 169.60 feet. The site is presently being used as a Single Family Residential property. B. Climate. Soils and Tonograahv According to the State Commission on Water Resources Management, the nearest rain gauge in this azea is the Hilo Airport. The rainfall data of this gauge notes that over the past 37 years, the annual median rainfall for this azea was approximately120 to 200 inches. The wetter months tend to occur between April through October. the daily temperture ranges from a minimum of 61 degrees Fahrenheit. Wind patterns are generally trade winds (easterly) during the day and westerly or mountain winds during the evenings. The site is fairly level. It is approximately at the 500-foot elevation level. The site is not classified by the Land Study Bureau. The property is located within an area designated Urban and also is classified as "Prime" according to the Agriculture Lands of Importance to the State of Hawaii (ALISH) classification system. The U.S. Soil Conservation Service, however, has designated the soil type in this area to be of the Ookala Series, which consists darkish brown silty clay loam about 12 inches thick. Permeability is moderately rapid, runoff is medium, and the erosion hazazd is moderate. C. Natural Hazards 1. Drainage The Federal Emergency Management Agency's Flood Insurance Rate Maa (FIRIvi) designates the property to be located in Zone "X", azeas outside the 500-year flood plain. 2. Tsunami Hazard The subject site is located approximately 2 mile from the ocean and near the 500 foot elevation, it is located outside of the Civil Defense's Tsunami Evacuation Zone. 3. Volcanic and Earthauake Hazards The United States Geological Survey (USGS) classifies this azea, as well as the entire City of Laupahoehoe, in Lava Flow Hazazd Zone 4, on a scale of ascending risk of 9 to 1. The populated area of Kailua-Kona is designated Zone 4. There is very little that can be done to mitigate this situation and reflects an ongoing threat to all residents and businesses in these azeas. 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 by the respective homeowners to address this seismic hazazd. 4 D. Flora/Fauna Although there were no professional surveys conducted of the floral or faunal resources of the site, the applicant does not believe that raze or endangered floral or faunal resources are likely to be found within the subject site. The subject site has been used as a single family residence for the past 30 years The site or general area is not known to be a habitat for any raze or endangered animal life. Given its elevation, however, it may be possible to find the Hawaiian Hawk (Po) and the Hawaiian Owl (pueo). Given the disturbed and urban nature of the surrounding areas, it is quite unlikely than one would find endangered animal life in the area. E. Historic/ArchaeoloEical Resources For the same reason noted above, no professional survey and cultural assessment study was conducted of the subject site. The past and current residential use of the site, resulting in its extensive clearing, reduces the prospect of finding any archaeological remains. Nonetheless, during the course of developing this project, should any anticipated azchaelological features or sites be uncovered, work in the affected area will immediately cease and the applicant will notify the Planning Department. F. Valued Cultural Resources The subject site is not adjacent and/or within close proximity to the shoreline. Therefore, coastal access is not an issue. Relative to mountain access, there aze no known trails in the area. Furthermore, given is location and surrounding properties, no mountain access should be adversely impacted by the development of this site. 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, since the site has been used as a residential site for the past 30 years, it would appear unlikely that the site would serve such purpose today. Therefore, based on the above, it does not appeaz that the project would have any potential adverse impact relative to the cultural and historical resources of the azea. G. Water and Coastal Resources The subject property is located approximately 1 mile from the coastline. Therefore, wastal impacts resulting from discharge of wastewater systems from the site should not be significant. Also, being anon-coastal property, no coastal access will be affected. As the wastewater from the project will be serviced by a sewer system meeting with the approval of the Department of Health, septic or cesspool system meeting with the approval of said agency will be obtained by the respective property owner at the time of issuance of building permit for the proposed lot. H. Noise, Air Quality, and Dust The proposed development should not generate any significant noise or have any direct air quality impacts. In regards to dust, with the exception of construction dust in the beginning, long term dust created by the project should be minimal. All Noise, Air and Dust quality will comply with the State Department of Health's regulations. I. Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there aze sites or areas listed as being a scenic resource. The subject site is not listed as a scenic site. The creation of one additional lot would not have any visual impacts on the scenic resources of the azea. The site is not situated in an azea where would block or hinder any public views of these scenic areas. VI. SOCIAL AND RELATED CONSIDERATIONS A. SurroundinE Land Uses The predominant land use in the azea is single family residential. With the exception of a few 1 to 10 acre sized properties in the neighborhood, the lots in the azea range from 10,000 to 15,000 squaze feet. Figure 1 shows the various lots and general size in the neighborhood relative to the subject site. The subdivision across the street (Kilau Subdivision) is zoned RS-10. The property adjacent to the subject site is zoned RS-10. B. Economic Imaacts The requested zoning would have some economic impact, as it would create an additional residential parcel available in the Laupahoehoe azea. C. ~riculturalImnacts The site has noYbeen used for intensive agricultwe activity. It has been use as a single-family residence for the past 30 years. The subject site is not listed by the Land Study Bureau and is designated urban by the State Land Use. VII. INFRASTRUCTURE CONSIDERATIONS A. Road The subject site can be accessed from the Mamalahoa Highway by two County approved streets. B. Water According to the Department of Water Supply (DWS), the existing parcel does have sufficient water availability to meet the creation of the two lot subdivision. C. Wastewater There is no County wastewater system in this area. As such, a septic tank system meeting with the approval of the Department of Health will be allowed. The respective lot owner will be doing this at the time of actual construction of the residence. 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 RS-10 zoning, the potential for uses with toxic or related chemical waste would be minimal, if at all. E. Other Government Services Police and Fire facilities are located approximately one mile makai of the subject property. Both Laupahoehoe Elementary and High School are located within close proximity to the subject site. F. Other Utilities Atl 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 Long_Term Productivity None. B. hreversible and Irretrievable Commitment of Resources The project should not result in an irreversible commitment of natural or archaeological resources. There are no known floral or fauna resources in this area. C. Mi~ative Measures There a no archaeological features noted on the subject site, since the property has been improved for the past 30 years. The subject site is located in flood zone "X"; therefore no drainage problems should be created with the subdivision of the subject site. D. Alternatives to the Proposed Project 1. No Project Should the rezoning be denied, the site would remain in its present residential use. 2. Alternative Residential Densitv None 3. Evaluation of Alternatives There should not be any significant impact to the area's social and physical infrastructure IX. REGULATORY ANALYSIS 9 A. -General Plan LUPAG Mao The General Plan provide 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 Low Density Urban, and the Planning Director is not proposing any change to this azea. This designation allows the requested RS-10 zoning. Accordingly, this request would not be inconsistent with the LUPAG map. B. General Plan Policies The requested zoning would be consistent with the goals, policies, and standards of the General Plan. Specifically, the more pertinent ones follow: 1. Economic Element Goals a. Provide residents with opportunities to improve their quality of life. 2. Environment: The General Plan identifies five (5) areas of environmental concerns -air pollution, water quality, soil pollution, solid waste disposal, and noise pollution. The creation of one additional pazcel would not violate any of these concerns. Historic(Archaeological Resources: The site has been improved with a single family residence for the past 30 yeazs therefore it is very unlikely that there is any historic site on the property. 4. Flora/Fauna: Since the site has been improved with a single family residence for the past 30 yeazs. The prospect of the site serving a habitat for raze or endangered plant or animal life appears remote. 5. Coastal Resources: 10 The subject site is located approximately 1 mile from the ocean coastline; there will be no interference with shoreline access. Also, the use of septic system, impacts to the coastal water will be minimized. 6. Housin¢ Element: With today's high cost of housing, the creation of the additional lot will allow the applicant to give his son an opportunity to own a home. C. Launahoeboe Rural Design Plan: The Laupahoehoe Rural Design Plan call for residential uses for this azea, with a density of 10,000 to 15,000 square feet. The requested RS-10 zoning will be consistent with those recommended densities. D. Zoning and Subdivision The subject site is presently zoned Single Family Residence - 15,000 square feet. The requirements of the zoning and subdivision codes would be complied, including use and related development standards. These would also include compliance with any condition of the zone change. 11 ADDENDUM J ~Y ~~~ PAUL H. HURRAY, LPLS ~ ~ ~ S ~n o rj C n . ~A,%y2,f1~ PAUL H. HURRAY & ASSOCUiTES, LLC LICENSED PROFESSIONAL LAND SURVEYORS P.O. BOX 1184 HILO, HI 96M1-1189 PHONE: (808) 959-8595 FAX:1808) 959A355 Ms. Melanie Chinen, Administrator State Historic Preservation Division Department of Land & Natural Resources 609 Kamokila Boulevard, Room 555 Kapolei, Hi 96707 Dear Ms: Chinen: Subject: REQUEST FOR "NO HISTORIC PROPERTIES AFFECTED" DETERMINATION MANOWAIOPAE HOMESTEADS, NO. HILO, HAWAII (TMK: (3)3.6-008:D02 As part of the permit sulxnittal requirements, the County Planning Department is requesting either an archaeok)gical inventory survey or a lamer to your office requestirg a "No Histom: Properties Affected" determination. la this situation, on behalf of the applicants, Mr: 8 Mrs. Raymond Otomo, t am requesting such a determination of the subject property. The site is a 22,366 square feed site boated on the south side of Puual~a Homestead Road in the City of Laupahoehce. k is located approximately Z6 miles from the City of Hib. The entire site was formerly planted with sugar cane and is presenty Improved with a single famiy residence. 1 am encbsed"a copy of the site and related plans and excerpts of the planning and environmental report for your information. 1 trust that the irrforrnatton is sufficient for you to make such a determination. Alternatively, if you need-more information or have questions on this matter, please feel free to contact me. Thank you very much- Sincerely; ;, ~~Q.~~, Paul H. Murray, Planning Consul nt Enclosure Copy- Planning Department wb enclosure Raymond Otomo wb enclosure '7 °•`• William Takata Harry Kim ; ••~, t--~~'~"!~ Finance [);rector Mayor ; •~ '. ., • County of Hawaii DEPARTMENT OF FINANCE -REAL PROPERTY TAX Aupuni Center IOl Pauahi S<. Suite 4 • Hito, 4lawaii 96720-4224 • Fax (808) 96t-8415 Appraisers (808)961-8354 • Clerical (808j 961-8201 • Collections (808) 961.8282 75.5706 Kuakini Highway Suite 112 • Kailas-Kona, Hawaii 96740 • Fax (608) 327-1518 Appreisers {808) 327-3542 • Clerical (808) 327.354D REAL PROPERTY TAX CLEARANCE (rev. 07/99) May 5, 2008 TMK(s): (3) 3-fi-008-002-0000 (Owner of record: OTOMO,RAYMOND F/JANE S) This is #o certify that the real property taxes due to the County of Hewai'i on the parcel{s) listed above have been paid up to and including June 30, 2008. This clearance was requested on behalf of Paul H Murr-av & Associates for the County Planning Department and is issued for this/these parcel(s) only. Winif Todd, Tax Clerk REAL PROPERTY TAX DIVISION Hawaii County is an Equat Opportunity Provider and Employer _~ ;y 1 -- RECORDATION REQUESTED BY: -- = AFTER RECORDATION; RETU~RiN T~O:~ 1 ~o- Ik ' ,~'GS-~:fL.U S~' , -- .RETURN BY: 'MAIL ' C ... . DEED THIS INDENTURE made this ~I~' day of C~-000y„~,J ~ 19T8,..between HIRONfU TANAKA, the duly appointed Personal- Representative .of the .ESTATE OF HIROSHI TANAKA, DECEASED (Probate No. 4934 ;. Circuit Court.. of the Third Circuit, State: of.HawaSi), party of-the first part,'and.RAYMOND FUJIRO OTOMO and JANE SATSUKI OTOMO, husband and wife, whose rzaidence and post oPfiae 'address is 3090, Selton ~_ Street,, Newbury Park,: Los Angeles, State of California, Parties. oP .the second.part, WHEREAS, the party, of .the. first part as :Personal ', . Representative is duly authorized under the, provisions of the Lea's gill and.Testamene of HIROSHI TANAICA to sell the real estate hereinafter described to the parties of the second part; and . WHEREAS, pursuant to the provisions of Section 531-29 Hawall:Revised Statutes, this, sale was.duly confirm,/ed by Order of'Confirmation of the Court. filed on the '~7-~' day of ,~t,~.,~~c,, , 1978 in said Probate No. 4934. NOW, THEREFORE; THIS INDENTURE WITNESSETH that the party of the first part, Personal Representative as aforesaid, ~..a,,_ ,__.,,. z"«.T f>~z~~ .'s~ :,.w.~Y :5:v~ ~ ~ ~1 uatt (3416' eC ~S9 r ^~" - }:.~~ .... ue~a Y3416 PL ~9~ ___ and by virtue of the poerers conferred by the aforesaid Order - in consideration of the sum of $ ~~, G~$8-~a and other valuable consideration to him paid by the parties of - the second part, the receipt whereof is hereby acknowledged, _= does grant and release unto the parties. of the second part, as Tenants by the Entirety, their assigns; the survSvor,of -. them, and the Heirs and"assign§ of such survivor, forever, _ A11-of :the property described in Exhibit A`attached ~~ - hereto. and v'y reference .gads apart hereof. -- Together with the :appurtenances.,.and;all.the estate o€:rights.`of'the:.party of tkie first part and'. of the said late,HIROSHI-TAN~AKA an~i his, devisees: in, and to. ,said premises.. ~- TO HAVE :AND TO HOLD'. the premises; hereSn granted untot _. --- _-... __ the parties of, the second part, as'.Tenants bg the Entirety,: -::. , ~ , .. -.. ,. ; ( °= their:asaigris, the:'survivor'o£ them, and the Heirs and ,assigns^~of such survivor, forever. __ .~And:'the party of the First .part, as aforesaid_,'copenants -_ . -' -. • .. __ that_he as.aforesaidy.has not done_or suffered.anytfiing.- ,. whereby the. said premises have been encumbered in any way whatever: -_ IN WITNESS, WHEREOF, the said party:of'the; first part. °- has hereunto set'_his hand .the day and "year. first above G ~%u~-«-J / /.... =-_ HIROMU TANAKA _ , -- _ _2_ tlaER 13~1fi es 791 STATE .OF HAWAII ) -_ ) SS =.. ..COUNTY OF HAWAII }. On..this .:Z9~ day .of aJ-cccmG~/ , 1978, before me personally appeared HIROMU TANAKA, to me known to.be the person described in and who executed.the foregoing instrument, and acknowledged that he 'exenuted the same as -- his free act axid deed. /~ l~~ Notary. Public, Thir•:Judicial. Circuit;.:State of vraii '.. :' .. My Commission expires: ..y // ~i -3- uaeR 13~~6 e~'7siR E~~i~IT A LOT 17-C Being the consolidation and resubdivision oY Lots 17-A and 17-B Situated on.the Southwest side of Homestead Road, (40-Moot wide) near Kilan Place, At Manowaiopae, North Hilo, Hawaii, State of Hawaii . ,~., Beginning at .a 3/4" pipe (found) at the North corner of .this parcel of land, being also the North corner of Lot .17-and:~the East .corner of ;Lot 18 of the:Manowaiopae Homesteads and .on the Southwest side of Homestead Road:(40-Foot wide), t2ie coordinates of said point of beginrjng::referred;to Government Survey Triangulation Station "MANOWAIOPAE" being.5•Z7 .feet South and 2,469.23 feet West, and `thence running by azimuths; measured clockwise from true Southr.. i. 298° 35''. 122.00 feet",along;-the Southwest side of Homestead Road, (40-F6ot;Wide•) to a 2" pipe (found)= Thence along'Lot 17-D on a curve to the right with a radius of 10.00 feet; the chord s2imuth and,'distance.beinge. 2.. , ,343.° 35' 14:14 feet to.a pipet 3. 28° 35' 159.60 ,feet along Lot 17 D'to a pipet 4. 118° 35' 132:00 feet. along Lot 17-D to a. piped:. 5. 208 ° 35' 169.60 feet along'.Lot:18,'(Grant .8483 to`Carlos._Nobriga)- . of the Manowaiopae,,Homesteads`to the .point of'. be inning.' and poritainitig'' an area of ' 22.366 Square.'feet'. . Hilo, Hawaii Sept. 5, 1978 y~~ ~u nm ? ? 7 :;i)Ui'~f i'Y' Ur hAVdAfi" Bobby Jean Leithead Todd' Director Nelson Ho Deputy Director U.IILTIT~~? Ili ~~~iT~Ct t DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuui Street Hilo, Hawaii 96720 (808) 96]-8083 ~ Fax (808) 961-8086 htto://co.hawaii.hi.us/directory/dir envmne htm MEMORANDUM Date : June 10, 2008 To CHRISTOPHER YLTEN, Planning Director From: BOBBY JEAN LEITHEAD TODD, Director ~J-~ Subject: Change of Zone Application (REZ 08-000080) Applicant: Raymond and Jane Otomo Request: RS-15 to RS-10 TMK: 3-6-8:2 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: WASTEWATER COMMENTS: N/A ( ) No comments ( )Require connection of existing andlor 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 Codo. 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. f 1 Other: TECHNICAL SERVICES COMMENTS: )`yp g ~~c, ,~ na,,,~~ Pi9ir wY,~~ SOLID WASTE COMMENTS: ( ) No comments (~+) Commercial operations, State and Federal agencies, religious entities and non=profit organizations may not use transferstations for disposal. (gyp) Aggregates and any other construction demolition waste should be responsibly reused to its fullest extent. (~) Ample and equal room should be provided for rubbish and recycling. ( )o) Greenwaste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or other suitable diversion programs. ( pp) Construction and demolition waste is prohibited,~t all County Transfer Stations. (~Q) Submit Solid Waste Management Plan in accordance with. attached Quidelines. ( )Existing Solid Waste Management P10n is bD lie followed. Provide update to the department on current status. ( )Other: ee: swD,1~%z Plana~ing ®~pt. SNI~~I) Exhibit~..._ By: ~~ County of Hawat i is an Equa[{)yporn,niry Provider and Employer. Harry Kim Mayor Bobby Jean Leithead-Todd Director Nelson Ho Deputy Director ~IILtYCf~J II~~~CitT~Ct`t DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo, llawari 96720-0252 (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: 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 Managemeht 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. 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. Description of the waste reduction component that analyzes techniques to be employed to achieve a reduction goal. Analysis will be based on the highest potential use or zoning of the development. REQUIREMENTS AND CONDI`fIONS 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: )- T~~ Bobby Jean Leithead-Todd DIRECTOR 10/13/03 Revised 09/14/07 Hawa~ i County is en Equal Opportunity Provider and Employer. Harry Kim dloror ?~Q6 Jlt,~ 1 q AID R ~{~ ~Ol,9VT'r Or HAWAII June 17, 2008 County of Hawaii POLICE DEPARTMENT 349 Kapiolani Street Hilo, Hawaii 96720-3998 (808) 935-3311 Fax (808) 961-8865 TO CHRI P ER . YUEN PLANNING DIRECTOR FROM: D PA CO, ASSISTANT POLICE CHIEF AREA I OPERATIONS SUBJECT: CHANGE OF ZONE APPLICATION (REZ 08-000080) APPLICANT: RAYMOND AND JANE OTOMO REQUEST:. RS-15 TO RS-10 TAX MAP KEY: 3-6-8.2 Staff has reviewed the Change of Zone request and has no comments or concerns. Thank you for providing us with the opportunity to comment. Should you have any questions, please contact Captain Randy Apele, Hamakua District at (808)775-7533. Panning Dept. Exhibit 3 Lawrence K, Mahuna Police Chiej Harry S. Kubojiri Deptrh• Police Chief SC'.~NllTED JUN 19 2000 s~: 042481 "Hawai'i County is an Equal Opportunity provider and Employer" c°~~C/fw ~w°. Harry Kim ppqq9q [ m - ' Mayor ~tlUt, ~~1fN 27 ~ ! .j ~~ .,q'. -:e~P. °' '~uutp of ~~iro~i`i HAWAII FIRE DEPARTMENT 25 Aupuni Stree[ • Suite 103 • Hilo, Hawaii 96720 (808) 981-$394 • Faz (808) 981-2037 June 18, 2008 TO CHRISTOPHER J. YUEN, PLANNING DIRE(:TOR FROM DARRYL OLIVEIRA, FIRE CHIEF SUBJECT: CHANGE OF ZONE APPLICATION (REZ 08-0000801 APPLICANTS: RAYMOND AND JANE OTOMO REQUEST: RS-15 TO RS-10 TAX MAP KEY 3-6-8:2 Darryl J. Oliveira Fire Chief Glen P.I. Honda Deputy Fire Chief In that the catchment system will also be used for fire protection, it is recommended that the fire department connection to the tank be located in an area accessible by fire apparatus with approved fire connection. ARR. L LIVEIRA Fire Chief JCPapc e canning Dept. Exhibitr SCAl®IN~I) Bra Jur~z4 ~~~ 19 Hawai i County is an Equal Opportunity Provider and Employer. a~t Fi ~~ ~ ROtomo-REZ08-80.mjc 6-27-08 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION RAYMOND F. AND JANE S. OTOMO CHANGE OF ZONE APPLICATION (REZ 08-000080) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation of the Change of Zone request be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Planning Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicants are requesting a change of zone from Single-Family Residential - I5,000 square feet (RS-15) to Single-Family Residential - 10,000 squaze feet (RS-10) to subdivide the property into two lots. One lot will be approximately 10,701 square feet in size and will retain an existing single-family dwelling. The second lot will consist of approximately 11,665 square feet, which will include a 1,399 squaze foot, 15-foot wide access easement.. The applicant intends to develop this lot with a new single-family dwelling and convey it to a family member. In order to consider an azea for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The Change of Zone request from aSingle-Family Residential - 15,000 square feet (RS-15) to aSingle-Family Residential -10,000 square feet (RS-10) conforms to the goals, policies and standards of the General Plan Economic and Land Use Elements. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standazds and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals, policies and standards 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 Housing 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 Familv Residential To maximize choices ofsingle-family residential lots and/or housing for residents of the County. To ensure compatible uses within and adjacent to single-family residential zoned areas. 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. Housin Encourage and expand home ownership opportunities for residents. Seek sufficient production of new affordable rental and fee-simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. -2- 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 that are single-family residential in character. The property is rectangular in shape and 22,366 square feet in size. There is a single-family dwelling that was built in 1984 on the property. The azea is predominantly single family residential and agricultural in chazacter. Almost all of the adjacent lots mauka of Puualaea Homestead Road are zoned RS-15, while most of the residential lots makai of Puualaea Homestead Road in the town of Laupahoehoe are zoned RS-10. The lots mauka of the subject property are zoned agricultural (A-20a and A-la). The town's commercial district, which includes a post office, court house, and other services, is located within a half mile of the site. The State Land Use designation for the subject property is Urban. Therefore, the proposed change of zone would complement the existing land uses in this azea and will provide for an orderly development of the area. Under the current zoning, the owners 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 atwo-lot subdivision with one home on each lot. Therefore, a condition will be included in the change of zone ordinance to prohibit a second dwelling (ohana) unit and a condominium property regime on each lot. As a result, the rezoning will 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 -3- 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, telephone and cable services are available to the site. The police and fire stations aze located about one half mile from the property. Public schools are located within one mile of the site. Access to the site is from Puualaea Homestead Road, which is a County owned and maintained roadway with 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 for about 30 years, thus no formal archaeological study was conducted. The applicant's agent has 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 for 30 years. 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 about a quarter mile from the shoreline and will not be impacted by coastal hazard and beach erosion. The shoreline in this area is characterized by high sea cliffs. 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 -4- 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 ilina"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 kama'aina accounts of the area, historical survey of documentazy records, botanical and/or fauna study was submitted. The applicant's agent has 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 has been in residential use for 30 years; therefore it is unlikely that valuable habitat exists for native terrestrial 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 fishing rights is not an issue. Feasible actions to protect native Hawaiian ri ts: 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 customay 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 aSingle-Family -5- Residential 10,000 -square feet (RS-10) 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 25-8-21 (Laupahoehoe- Ninole 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- COtomo-REZ08-80.mjc 73-OS RAYMOND F. AND JANE S. OTOMO CHANGE OF ZONE APPLICATION (REZ 08-000080) CONDITIONS OF APPROVAL A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. A water commitment deposit in accordance with the "Water Commitment Guidelines Policy" of the Department of Water Supply shall be submitted to the Department of Water Supply within 180 days from the effective date of this ordinance. C. Final Subdivision Approval shall be secured within five (5) yeazs from the effective date of this ordinance. D. A 10-foot wide future road widening setback shall be provided mauka of Puualaea Homestead Road. This setback shall be denoted on the subdivision plat map. E. Lot 17-C-1 shall have a minimum net area (excluding the future road widening setback) of 10,000 square feet. F. All driveway connections to Puualaea Homestead Road shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. 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 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. H. All development-generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. "If required by the Department pf 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 issuance of a construction permit. I. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of Final Subdivision Approval. J. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Deparhnent of Land and Natural Resources - State Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an azchaeological clearance from DLNR- HPD when it finds that sufficient mitigation measures have been taken. K. The applicants shall make its fair shaze 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 shall be for the additional lot to be created. 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 maybe adjusted annually beginning three yeazs after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair shaze contribution shall have a combined value of $11,506.13 for the additional single family residential unit. The fair shaze contribution per single family residential unit shall be allocated as follows: 1. $5,548.46 per single family residential unit to the County to support park and recreational improvements and facilities; 2. $267.66 per single family residential unit to the County to support police facilities; -2- 3. $528.66 per single family residential unit to the County to support fire facilities; 4. $231.45 per single family residential unit to the County to support solid waste facilities; and 5. $4,929.90 per single family residential unit to the County to support road and traffic improvements. In lieu of paying the fair shaze 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. L. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towazds the requirements of the Unified Impact Fees Ordinance. M. The applicants shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. N. An initial extension of time for the performance of conditions within the ordinance maybe granted by the Planning Director upon the following circumstances: 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 -3- within one year maybe extended for up to one additional year). If the applicants should require an additional extension of time, the Planning Deparhnent shall submit the applicant's request to the Planning Commission and the County Council for appropriate action. 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- COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO. (PLANNING DEPT.) AN ORDINANCE AMENDING SECTION 25-8-21 (LAUPAHOEHOE-NINOLE 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 MANOWAIOPAE, NORTH HILO, HAWAII, COVERED BY TAX MAP KEY 3-6-008:002. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L SECTION 1. Section 25-8-21, 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 azea situated at Manowaiopae, North Hilo, Hawaii, shall be Single Family Residential - 10,000 squaze feet (RS-10): Being the consolidation and resubdivision of Lots 17-A and 17-B Situated on the Southwest side of Homestead Road, (40-foot wide) neaz Kilau Place, At Manowaiopae, North Hilo, Hawaii, State of Hawaii Beginning at a'/o"pipe (found) at the North corner of this pazcel of land, being also the North comer of Lot 17 and the East comer of Lot 18 of the Manowaiopae Homesteads and on the Southwest side of Homestead Road (40-Foot wide), the coordinates of said point of beginning referred to Government Survey Triangulation Station "MANOWAIOPAE"being 5.27 feet South and 2,469.23 feet West, and thence running by azimuths measured clockwise from true South: 298° 35' 122.00 feet along the Southwest side of Homestead Road, (40-Foot Wide) to a 2" pipe (found); -1- Thence along Lot 17-D on a curve to the right with a radius of 10.00 feet, the chord azimuth and distance being: 2. 343° 35' 14.14 feet to a pipe; 3. 28° 35' 159.60 feet along Lot 17-D to a pipe; 4. 118° 35' 132.00 feet along Lot 17-D to a pipe; 5. 208° 35' 169.60 feet along Lot 18 (Grant 8483 to Carlos Nobriga) of the Manowaiopae Homesteads to the point of beginning and containing an area of 22,366 Squaze feet." 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 are: (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. -2- ~, SECTION 4. This ordinance shall take, effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawai `i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: ;< -3- PUALAEA Pl RS- 0 RS40 HAR'NI BE(TRD R ~U Alf 4yp~F3 KILAU p( Tfgpgp RS-10 R R 45 5275 2A6923 W 'bfANOWAI pAE' ~QO 2" RS-f0 ~4i RS-10 A4a R 5 RS45 A-20a RS- SINGLE-FAMILY RESIDENTIAL 15,000 SQUARE FEET (RS•15) TO SINGLE-FAMILY RESIDENTIAL 10,000 SGUARE FEET (RS•10) RS 5 22,356 SGUARE FEET 0 170 340 690 1,020 1,3fi0 Feel AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-21 (LAUPAHOEHOE-NINOLE 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 MANOWAIOPAE, NORTH HILO, HAWAII MAP PREPARED BY.• K: 3E-005:002 COUNTY OF HAWAII PLANNING DEPARTMENT DATE: June 4200 EXHIBIT "A" (Raymond&Jane Otomo:124T)