Loading...
HomeMy WebLinkAboutCOM 0095.000 2008-2010William P. Kenoi Mayor County of Hawaii 891 Ululani Stree[ Hilo, Hawaii 96720-3982 (808) 961-8211 Fax (808) 961-6553 KONA: 75-5706 Kuakini Flighway, Suite 103 Kailua-Kona, Hawaii 96740 (808) 329-5226 Fax (808) 326-5663 December 23, 2008 Honorable J Yoshimoto, Chairman and Members of the County Council County of Hawai `i 333 Kilauea Avenue Hilo, HI 96720 Dear Chairman Yoshimoto and Members: State Land Use Boundary Amendment Application (SLU 08-000020) Request: Agricultural to Urban Change of Zone Application (REZ 08-000081) Request: A-3a to RA-.Sa Applicant: Sonomura Rentals, Inc. Tax Map Key: 2-2-48:10 and 120 Planning Director Initiated Amendments to Chapter 23 and 25 Regarding Public Purpose Subdivisions Change of Zone Application (REZ 08-000084) Applicant: Melody Parong Request: RS-20 to RS-15 Tax Map Kev: 1-7-16:28 William T. Takaba Managing Director Wally Lau Deputy Managing Director EJ ~ u n 0 a b tN ~o As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above-referenced requests. Sincerely, William P. Kenoi Mayor Enclosures C~S cc: Planning Department Comm. No. Ref. To: /~G COQ-,1'~'~ ~. i9 ~ County of Hawaii is an Equal Opportunity Provider and Employer. Ref• Date,'JAN 16 203 County of Hawaii ~ OEC 30 A 9 :39 C? ~~_ o ~,,;,~. PLANNING COMMISSION Aupuni Ccmcr • 101 Puuahi Street Suite 3 • Hilo, Hnwui'i 96720 Phone (808) 961-R288 • Fax (808) 961-8742 +' f9EC 1 3 2000 The Honorable J Yoshimoto, Chairman and Members of the County Council County of Hawai `i 333 Kilauea Avenue, 2°`~ Floor Hilo, HI 96720 Dear Chairman Yoshimoto and Council Members: Change of Zone Application (REZ 08-000081) Request: A-3a to RA-.Sa State Land Use Boundary Amendment Application (SLU 08-000020) Request: Agricultural to Urban Applicant: Sonomura Rentals, Inc. Tax Map Key 2-2-48:10 and120 The Planning Commission, after a duly held public hearing on December 5, 2008, voted to recommend for your approval the proposed legislative bills for a State Land Use Boundary Amendment from Agricultural to Urban and a Change of Zone from Agricultural - 3 acres (A- 3a) to Residential and Agricultural - .5 acre (RA-.Sa) for 6.3 acres of land. The property is located along the west side of Awa Street approximately 1,300 feet North of the Awa Street - Makalika Street intersection, Panaewa Farm Lots, Waiakea, South Hilo, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the requests: State Land Use Boundary Amendment The approval of the reclassification from the State Land Use Agricultural to the Urban District for approximately 63 acres will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, the County General Plan and the Hawaii State Plan. Under the Land Use Commission Rules, one of the standards for considering an area for urban reclassification states that "In determining urban growth for the next ten years, or in amending the Hawaii Connh~ is an E~jual Opportu~iity Provider n~id Enzplo~~er J Yoshimoto, Chairman and Members of the County Council Page 2 boundary, land contiguous with existing urban areas shall be given more consideration than non-contiguous land, and particularly when indicated for future urban use on state or county general plans." Although the property is not contiguous to Urban designated lands, the area is designated Low Density Urban on the Genera] Plan Land Use Pattern Allocation Guide Map and lies proximate to the Panaewa Houselots Subdivision immediately south of Makalika Street. This area was reclassified into the Urban District during the 1969 Boundary Review. Located near the project site is the Nani Mau Gardens botanical gardens and restaurant. The applicant's request to designate 63 acres into the Urban District reflects the infilling of Agricultural lands within this section of Hilo proximate to existing Urban-designated lands. The applicant requests a concurrent Change of Zone from A-3a to RA-.Sa. The reclassification action conforms to the goals, objectives and/or policies articulated in the Hawaii State Plan by encouraging urban growth primarily to existing urban areas where adequate public facilities are available. The reclassification action also conforms to the goals, policies and standards of, among others, the Land Use and Economic Elements of the General Plan. The LUPAG Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the various land uses and establishes the basic urban and non-urban form for areas within the County. The request conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map, which designates this area as Low Density Urban. The Low Density Urban designation includes residential uses, with ancillary community and public uses and neighborhood and convenience-type commercial uses. The Urban classification conforms to the standard that the development is within reasonable proximity to centers of trading and employment and to basic services such as schools, police and fire protection, transportation systems and water. The property is situated within close proximity to shopping centers, protective services, essential utilities and services, and conforms to the Land Use Commission Rules which encourages urban developments in close proximity to existing developments, services and facilities. Access to the project area will be from Kaokoa Way, a private roadway off Awa Street. Access to the project site is from Awa Street, a County roadway with a 50-foot right-of-way, to Kaokoa Way, a private roadway with a 20-foot wide pavement and a 50-foot right-of- way. The Zone Map (Ordinance No. 187) identifies Awa Street as a collector of 60-foot width. The tentative approval for Subdivision No. 96-125 required a 5-foot wide future road widening. The Department of Public Works (DPW) recommends that the applicant provide improvements to the entire frontage along Awa Street consisting of, but not limited to, paved shoulder and Swale and any required utility relocation, meeting with the approval of the Department of Public Works. The DPW also recommends the applicant J Yoshimoto, Chairman and Members of the County Counci] Page 3 provide improvements to the existing 20-foot wide pavement within the 50-foot wide . Kaokoa Place right-of-way consisting of, but not limited to, paved shoulders and swales, meeting with the requirements of a dedicable street. County water is available to the site. The proposed lots will utilize individual wastewater treatment systems meeting with the approval of the Department of Health. There are no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U.S. Federal Emergency Management Agency designates the property as Zone "X", areas outside of the 500-year flood plain. The Waiakea Uka Flood Control Project is located on the property's northern boundary. The project was constructed to Federal Emergency Management Agency (FEMA) standards to manage flood waters in the area. The property is located approximately four miles from the coastline. All project generated runoff will be disposed of on-site, so as not to impact surrounding properties. Thus, the reclassification meets with the standard which states that the lands included within the urban district ....shall be those with satisfactory topography and drainage and reasonably free from the danger of floods, tsunami and unstable soil conditions and other adverse environmental effects." Urban Districts shall include lands characterized by "city-like" concentrations of people, structures, streets, urban level of services and other related land uses. Immediate surrounding properties are in the State Land Use Agricultural district, zoned A-l0a and A-3a and in residential or agricultural uses. Nani Mau Gardens is located southeast of the site on Makalika Street. The area south of Makalika Street was amended from [he State Land Use Agricultural to the Urban District in 1965 (A65-107) for the development of the Panaewa Houselots subdivision during the 1969 Boundary Review. Thus, as urban uses already exist in the immediate area, the urbanization of the project site will not contribute towards scattered urban development. While the property is within the State Land Use Agricultural and County's Agricultural (A-3a) zoned district, it is not currently being used for active agricultural purposes. Except for an existing 51-year old dwelling proposed to be demolished, the project site is vacant of all structures. Portions of the property have been planted in macadamia nut trees but have not been maintained. The remaining portion of the site was previously utilized as pasture. The property is classified as Other Important Agricultural Land; land other than Prime or Unique Agricultural Land of statewide importance for the production of food, feed, fiber and forage crops, and the Land Study Bureau's Overall Master Productivity Rating designates the property as "E" or "Very Poor". Thus, the reclassification of this approximately six-acre area from the Agricultural to the Urban designation will not be detrimental to the reduction of this area from the agricultural land J Yoshimoto, Chairman and Members of the County Council Page 4 inventory in the County. From a land use perspective, it is a more feasible alternative to infill urban development within this particular area of Hilo. In doing so, it would alleviate the conversion of more productive agricultural lands in more appropriate locations for urban type uses. Furthermore, an Urban classification would complement the existing and future land use patterns of the surrounding properties in view of the- urban uses already in existence proximate to the project area. The Hawaii Right to Farm Act, HRS Chapter 165, was enacted to protect farming operations on land in the State Land Use Agricultural District when adjacent land is reclassified out of the Agricultural District. A condition of approval will be added to require the applicant to notify prospective landowners, tenants or lessees of the Hawaii Right to Farm Act. In addition, a condition will be included to prohibit any action that would interfere with farming operations on adjacent or contiguous properties, provided operations are conducted with generally accepted agricultural and management practices. Based on the above, the approval of the State Land Use Boundary Amendment from the Agricultural to the Urban District complements the State Land Use District Regulations and County General Plan and is supportive of the Hawaii State Plan. Chance of Zone The applicant requests a change of zone from an Agricultural 3-acre (A-3a) to a Residential Agricultural-.Sa (RA-.Sa) zoned district to subdivide the 6.3-acre property into approximately l2 lots. The applicant has submitted a concurrenC request for a State Land Use Boundary Amendment from an Agricultural to an Urban district. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The Change of Zone request from A-3a to RA-.Sa 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 J Yoshimoto, Chairman and Members of the County Council Page 5 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 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 ALISH Map identifies the area as Other Important Agricultural Land; land other than Prime or Unique Agricultural Land of statewide importance for the production of food, feed, fiber and forage crops, and the Land Study Bureau's Productivity rating for the site is "E" or "Very Poor". The project site consists of two vacant parcels, each approximately three acres in size. The vacant 51-year old dwelling on proposed lot #2 (parcel 10) per the site plan will be demolished. Portions of the property have been planted in macadamia nut trees but have not been maintained. The remaining portion of the site was previously utilized as pasture. Immediate surrounding properties are in the State Land Use Agricultural district, zoned A-l0a and A-3a and in residential or agricultural uses. Nani Mau Gardens is located southeast of the site on Makalika Street. The Waiakea Uka Flood Control Project is located on the property's northern boundary. The project was constructed to the Federal Emergency Management Agency's (FEMA) standards to manage flood waters in the area. TMK: 2-2-056:023 Located south of the project site, approximately 400 feet north of the Mamaki Street-Awa Street intersection, was redesignated from the State Land Agricultural to the Urban District and A-3a to RA- .Sa under Ordinance No. 07 39 on April 4, 2007. The proposed change of zone would complement the existing land uses in this area and will provide for an orderly development of the area. J Yoshimoto, Chairman and Members of the County Council Page 6 Should Chis request be approved, the applicant may apply for an Ohana Dwelling Permit, allowing the construction of a second dwelling unit as a separate or attached unit , on each parcel. An additional dwelling may be constructed on each lot, doubling the existing density of the area. The potential to allow additional dwellings may contribute to a cumulative burden on the existing infrastructure which cannot be supported. The Planning Director supports this rezoning request; however, 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. All utilities and services are available to the site. County water is available to the site. The proposed lots will utilize individual wastewater treatment systems meeting with the approval of the Department of Health. Solid waste will be disposed of at appropriate sites designated by the Department of Environmental Management. Electricity and telephone services are available to the site. All essential utilities are available to the project site. Emergency services are available from the Kawailani Fire Station and Police Department in Hilo. Access to the project site is from Awa Street, a County roadway with a 50-foot right-of-way, to Kaokoa Way, a private roadway with a 20-foot wide pavement and a 50-foot right-of-way. The Zone Map (Ordinance No. 187) identifies Awa Street as a collector of 60-foot width. The tentative approval for Subdivision No. 96-125 required a 5-foot wide future road widening. The Department of Public Works (DPW) recommends that the applicant provide improvements to the entire frontage along Awa Street consisting of, but not limited to, paved shoulder and Swale and any required utility relocation, meeting with the approval of the Department of Public Works. The DPW also recommends the applicant provide improvements to the existing 20-foot wide pavement within the 50-foot wide Kaokoa Place right-of-way consisting of, but not limited to, paved shoulders and swales, meeting with the requirements of a dedicable street. 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", areas 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 1957, thus no formal archaeological study was conducted. By letter dated December 14, 2007, the applicant has requested a "no effect" letter from the Department of Land and Natural Resources Historic Preservation Division (DLNR-HPD). By letter dated July 25, 2008, the DLNR-HPD responded that no historic properties will be affected by this undertaking as residential development/urbanization and previous grubbing/grading has altered the land. J Yoshimoto, Chairman and Members of the County Council Page 7 No professional flora or fauna surveys were conducted of the site, as the property is developed with asingle-family dwelling. The property is located in an urban setting in an area dominated by single-family residential uses as well as some agricultural uses. Given the urban nature of the surrounding area, the presence of any endangered species 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 four 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 Hawaii Right to Farm Act, HRS Chapter 165, was enacted to protect farming operations on land in the State Land Use Agricultural District when adjacent land is reclassified out of the Agricultural District. A condition of approval will be added to require the applicant to notify prospective landowners, tenants or lessees of the Hawaii Right to Farm Act. In addition, a condition will be included to prohibit any action that would interfere with farming operations on adjacent or contiguous properties, provided operations are conducted with generally accepted agricultural and management practices. Based on the above findings, approval of this change of zone request from an Agricultural 3-acre (A-3a) to a Residential and Agricultural -.5 acre (RA-.Sa) zoned district would result in an appropriate land use pattern that will further benefit the general public. For your favorable consideration, amendments to the State Land Use Boundary Maps and to Section 25-8-33 (City of Hilo Zone Map), of the County Zoning Code are transmitted. J Yoshimoto, Chairman and Members of the County Counci] Page 8 We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, Rodney Watafiabe, Chairman Planning Commission Lsonomura02PC Enclosures cc: Sonomura Rentals, Inc. Mr. Brian Nishimura Department of Public Works Department of Water Supply Department of Land & Natural Resources-HPD DOT-Highways, Honolulu State Land Use Commission Lincoln Ashida, Esq., Corporation Counsel BSonoSLUREZ.doc-9/9/08 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT SONOMURA RENTALS, INC. STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 08-000020) CHANGE OF ZONE APPLICATION fREZ 08-0000811 SONOMURA RENTALS, INC. has submitted applications for a State Land Use Boundary Amendment from Agricultural to Urban and a Change of Zone from Agricultural 3- acres (A-3a) to Residential and Agricultural''/2-acre (RA-.Sa) for approximately 6.3 acres of land. The property is a part of the Kaokoa Subdivision located along the west side of Awa Street approximately 175 feet south of the Awa Street and Mahiai Street intersection at Waiakea, South Hilo, Hawaii, TMK: 2-2-48: 10 and 120. PROPOSED ACTION Request: State Land Use Boundary Amendment from Agricultural to Urban and a Change of Zone from Agricultwal 3-acre (A-3a) to Residential and Agricultural'h-acre (RA-. Sa) for approximately 6.3 acres of land to subdivide the property into 12 residential/agricultural lots. (Planning Department Exhibit 1-State Land Use Boundary Amendment and Change of Zone applications) 2. Landowner: Sonomwa Rentals, Inc. OTHER INFORMATION 3. Juue 27, 1996: Effective date of Ordinance No. 96 73 (REZ 821) which amended the district classification of the 14.7-acre property from A-l0a to A-3a. (Planning Department Exhibit 2 -Ordinance No. 96 73) 4. October 25, 2007: Effective date of Subdivision No. 06-000125. The property was subdivided into fow lots ranging in size from 3.151 to 3.958 acres. This rezoning application involves two of the fow lots. STATE AND COUNTY PLANS 5. State Land Use Designation: Agricultural. 6. GP LUPAG Map: Low Density Urban. County Zoning: A-3a. ATTACH: Come. 95 Sill 18 and 19 8. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawaii lies within the Coastal Zone Management Area. 9. Special Management Area (SMA): The Special Management Area is a part of the Coastal Zone Management Program and regulated by the County. The property is located approximately 4 miles from the coastline and not situated within the Special Management Area. DESCRII'TION OF PROPERTIES AND SURROUNDING AREA 10. Project Site: The project site consists of two vacant parcels, each approximately three acres in size. The vacant 51-yeaz old dwelling on proposed lot #2 (pazcel 10) per the site plan will be demolished. Portions of the property have been planted in macadamia nut trees but have not been maintained. The remaining portion of the site was previously utilized as pasture. 11. Surrounding Zoning/Land Uses: Immediate surrounding properties are in the State Land Use Agricultural district, zoned A-l0a and A-3a and in residential or agricultural uses. Nani Mau Gardens is located southeast of the site on Makalika Street. The Waiakea Uka Flood Control Project is located on the property's northern boundary. The project was constructed to the Federal Emergency Management Agency's (FEMA) standards to manage flood waters in the azea. 12. ALISH: Other Important Agricultural Land; land other than Prime or Unique Agricultural Land of statewide importance for the production of food, feed, fiber and forage crops. 13. Land Study Bureau's Detailed Land Classification System: "E" or "Very Poor." 14. U.S. Soil Survey: rPAE, or Papai Series, which consists ofwell-drained, thin, extremely stony organic soils over A'a lava. 15. FEMA: Zone "X", azeas determined to be outside the 500-year flood plain. 16. Flora/Fauna Resources: No formal flora/fauna study was conducted of the site, as the property was previously used as a dwelling site. The azea is currently overgrown with non-native grasses and shrubs. 17. Archaeological Resources: Because the property was used as a dwelling site since the 1950's, no formal archaeological study was conducted. The applicant believes that due to the prior use of the site for dwelling purposes, it is highly unlikely that any -2- archaeological, cultural, or historic sites aze present on the site. By letter dated December 14, 2007, he applicant has requested a letter of "no effect" from the DLNR-HPD. By letter dated July 25, 2008, the DLNR-HPD responded that no historic properties will be affected by this undertaking as residential development/urbanization and previous grubbing/grading has altered the land. 18. Cultural or Native Gathering Rights: According to the applicant, there are no traditional and customary Native Hawaiian rights being practiced on the site. 19. Public Access: None that traverses the property. 20. Traffic: The applicant has stated that the proposed project is not anticipated to have an adverse impact on traffic conditions in the azea. The Department of Transportation has indicated that the proposed project will not adversely impact State highway facilities. PUBLIC UTILITIES AND SERVICES 21. Access: Access to the project site is from Awa Street, a County roadway with a 50-foot right-of--way, to Kaokoa Way, a private roadway with a 20-foot wide pavement and a 50- foot right-of--way. The Zone Map (Ordinance No. 187) identifies Awa Street as a collector of 60-foot width. The tentative approval for Subdivision No. 96-125 required a 5-foot wide future road widening. The Department of Public Works (DPW) rewmmends that the applicant provide improvements to the entire frontage along Awa Street consisting of, but not limited to, paved shoulder and Swale and any required utility relocation, meeting with the approval of the Department of Public Works. The DPW also recommends the applicant provide improvements to the existing 20-foot wide pavement within the 50-foot wide Kaokoa Place right-of--way consisting of, but not limited to, paved shoulders and swales, meeting with the requirements of a dedicable street. 22. Water: County water is available from an existing 6-inch waterline within Kaokoa Place fronting the subject parcels. 23. Wastewater: There is no municipal sewer system in the area. The proposed lots will utilize individual wastewater treatment systems meeting with the approval of the Department of Health. 24. Solid Waste: Solid waste will be disposed of at appropriate sites designated by the Department of Environmental Management. 25. Essential Utilities and Services: All essential utilities are available to the project site. -3- 8 Emergency services are available from the Kawailani Fire Station and Police Department in Hilo. AGENCIES' COMMENTS 26. Department of Public Works: P.D. Exhibit 3 -August 14, 2008 memo 27. Department of Water Supply: P.D. Exhibit 4 -August 8, 2008 memo 28. Police Department: P.D. Exhibit 5 -July 30, 2008 memo 29. Fire Department: P.D. Exhibit 6 -August 12, 2008 memo 30. Department of Environmental Management: P.D. Exhibit 7 -July 18, 2008 memo 31. Department of Health: P.D. Exhibit 8 -August 12, 2008 memo 32. DLNR Historic Preservation Division: P.D. Exhibit 9 -July 25, 20081etter 33. DLNR Land Division: P.D. Exhibit 10 -July 21, 20081etter 34. Department of Transportation: P.D. Exhibit 11-August 13, 2008 letter AGENCIES AND ORGANIZATIONS - NO RESPONSES 35. Civil Defense Agency, State Land Use Commission APPLICANT'S RESPONSES TO AGENCIES' COMMENTS 36. P.D. Exhibit 12 -August 28, 20081etters PUBLIC COMMENTS 37. None as of this writing. -a- ~~~:~~ ,r~;~~ ~ r: ~~ ~IJNTY QF ~A~~A~ „OiJPd i r C~~ ~ `f~';E~,NN~NG DEPA~2TMENT (Type or legibly print the requested information) APPLICANT: Sonomura Rentals, Inc_ APPLICANT'S SIGNA TE: 6/14/08 ADDRESS: P.O. Box 5058 °Hilo, Bawaii 96720 LIST APPLICANT'S INTEREST IF NOT OWNER: Petitioner is the ocmer LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (Res.) (Fax) LANDOWNER(S): LANDOWNER SIGNATURE(S): DATE: (Maybe by letter) LANDO WNER(S)_ ADDRESS: REQUEST: A-3a TAX MAP KEY: TO RA-.5a (Existing zoning) (Proposed Zoning) 2-2-48: 10 ~ 120 STREET ADDRESS OF PROPERTY: SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: ~-~g acres AGENT: Brian T. Nishimura, Planning Consultant ADDRESS: 101 Aupuni St., Suite 217 Hilo, Bawaii 96720 TELEPHONE:(Bus.) 935-7692 (Res.) 935-7486 (F~) 935-6126 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Applicant COPIES: Agent (See Instructions on Reverse Side) ~~L1i'17ildlg ~~pt, ~'~'~'~'~ ~.f~I~1~ ~J~P ~~LTl~1~,~k~~' ~Ta~~I~id~I~~~iT l-~l°~~.I~,~,.'~'~~T~1 (IS A~xl/S O~ L~s~> PLC®NING DEPARTMENT (Type or legibly print the requested information) PETITIONER: Sonomura Rentals, Inc. PETITIONER'S SIGNATURE: ~ ~{,~ tp1,C,p: DATE: 6/14/08 ADDRESS: p.0. Box 5058 Hilo, Bataaii 96720 iPETITIONER'S INTEREST IF NOT OWNER: ~e+;+;., ttaP--ewer TELEPHONE: (Bus.) (Res.) (F~) LANDOWNER(S): LANDOWNER SIGNATURE(S): ADDRESS: (May be by letter) TAX MAP KEY: 2-2_48: 10 ~ 120 STREET ADDRESS OF PROPERTY: ZONING: L ` '' ~ ~ Acaricultural 3 acres SIZE OF PROPERTY: 17 acres CURRENT STATE LAND USE DISTRICT CLASSIFICATION: Acgriculture 2EQUESTED STATE LAND USE DISTRICT CLASSIFICATION: IIrban AGENT: Brian T. Nishimura, Planning Consultant. 1DDRESS: 101 Aupuni St., Suite 217 Hilo, Hawaii 96720 'ELEPHONE: (Bus.)_ 935-7692 (Res.) 935-7486 (Fax) 935-6126 lease indicate to whom original correspondence and copies should be sent. ORIGINAL: petitioner A ent COPIES: 9 (See Instructions on Reverse Side) RTTACHMENT 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 su bdlVlde? '6 acres b. Into what lot sizes? 12 acre 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? 2 mos. d.. Do you intend to build houses on the newly created lots? No If yes, please answer the following questions: On how many of those lots? At what approximate price range? House Lots Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. if you have no firm plans of subdividi;ig the subject area, do you intend to: a. Sell or lease the land to someone vdho has firm 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? g 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? Yes How? gy making more lots available near schools and the central commercial areas 4. Are there any buildings on the subject area? Yes If so, what kind? Residence What do you intend to do with those buildings if your TegUESt is approved? Renovate for sale with the property -2- 5. Is the subject land currently being used for any agricultural activitity? If so, please list the 4:inds 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? If so, please describe the problem. 7. Do you think that the roads leading to the subject area needs improvement? If so, what kind? Is the road adequate for the proposed traffic volume or load? 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 v No -3- Yes No f. Fire Protection x g. Recreational Facilities x h. Public Utilities x i. Other x For those checked ~~yes,~~ please elaborate what type or kinds of improvements and/or assistance are needed. Signature: ,~,~~ ~/~!/I,Q Address: p,o. Box 5058 Telephone: _gpg_gg5-8561 Date: .December 17.-2007 _q_ c;z~ni~nn STATE LAND USE DISTRICT BOUNDARY AMENDMENT (fifteen acres or less) AND CHANGE OF ZONE APPLICATION BACKGROUND AND COUNTY ENVIRONMENTAL REPORT APPLICANT: Sonomura Rentals, Inc. REQUEST: State Land Use Agriculture to Urban, Agricultural 3-acres (A-3a) to Residential and Agricultural one-half acre (RA-Sa) TAX MAP KEY: (3) 2-2-48: 10 and 120 A) SUBJECT REQUEST 1) Details of the Proposed Development: a) Project description: The applicant is requesting a State Land Use District Boundary amendment and Change of Zone for approximately 6.311 acres of land. The State Land Use District Boundary amendment request is from the Agricultural to the Urban district and the Change of Zone is from Agricultural three-acres (A-3a) to a Residential and Agricultural one-half acre (RA-.Sa) zoned district. The property is located along the west side of Awa Street, approximately 175 feet south of the Mahiai Street-Awa Street intersection, Waiakea, South Hilo, Island of Hawaii and identified as Tax Map Key: (3) 2-2-48: 10 and 120. The applicant is proposing to subdivide the subject property into twelve residential/agricultural lots. There is an existing single family dwelling on the property which has been vacant for a number of years. The dwelling will be demolished and all of the lots will be sold as vacant pazcels. Access for all of the proposed lots will be provided from an existing 50-foot wide private road which includes 20 feet of pavement and 15-foot wide gravel shoulders. Each pazcel will have a minimum area of'h acre. b) Statement of objectives and reasons for the request: The applicant is proposing to address the demand for residential/agricultural lots in Hilo. The subdivision of the subject property into twelve 0.5 acre pazcels will make more lots available in close proximity to schools and commercial azeas. In addition, compliance with the County's Affordable Housing Policy will require the sale of two of these pazcels at prices affordable to families earning less than 80% of the County's median family income. As such, the proposed subdivision will help to address the demand for affordable housing in Bast Hawaii and more pazticulazly in Hilo. c) Timeframe and cost: The applicant intends to submit a subdivision application within two months after receiving approval for the boundary amendment and change of zone application. The estimated cost of the proposed subdivision is approximately $350,000. Traffic impacts: The creation often additional parcels along this portion of Awa Street is not anticipated to have an adverse impact on traffic conditions in the azea. B) CONFORMANCE WITH STATE/COUNTY PLANS 1) State Land Use designation: The subject property is situated within the State Land Use Agricultural district. The proposed State Land Use boundary amendment from the Agricultural to the Urban district is in conformance with the proposed use. The proposed reclassification conforms to the following standazds for deternning the Urban district boundaries: • The project area is in close proximity to centers of trading and employment. • The project azea is served by basic services including schools, pazks, solid waste disposal, drainage, water, transportation systems, public utilifies and police and fire protection. • The project azea includes lands with satisfactory topography and drainage, is reasonably free from the danger of any flood, tsunami, unstable soil condition and other adverse environmental effects. • In determining urban growth for the next ten years, or in amending the boundary, lands contiguous with existing urban areas shall be given more consideration than non-contiguous lands, and particularly when indicated for future urban use on State or County General Plans. The project azea is in an appropriate location for new urban concentrations as evidenced by the County General Plan Land Use Pattern Allocation Guide (LUPAG) Map designation as Low Density Urban and the fact that there are urban designated lands in close proximity to the subject property. There are Urban designated lands approximately 1,000 feet northwest, 1,200 feet west and 1,200 feet south of the subject property. • Approval of the proposed reclassification will not result in spot urban development necessitating unreasonable investment in public infrastructure or support services. All essential utilities and services are available to subject property. 2) AppUcable goals/policies and objectives of the General Plan: The proposed project is consistent with the following goals, policies, and objectives of the General Plan. Economic Element • Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. • Economic development and improvement shall be in balance with the physical, social and cultural environments of the island of Hawaii. • Strive for diversity and stability in its economic system. • Provide an economic environment that allows new, expanded, or improved economic opportunities that aze compatible with the County's cultural, natural and social environment. Land Use Element 2 • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • Zone urban- and rural-types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access and public need. Housin¢ 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. • Create viable communities with affordable housing and suitable living environments. • Seek sufficient production of new affordable rental and fee-simple housing in the County in a variety of sizes to satisfactorily accommodate the tteeds and desires of families and individuals. • Make affordable housing available in reasonable proximity to employment centers. • Encourage and expand home ownership opportunities for residents. 3) General Plan designation: The General Plan Land Use Pattern Allocation Guide (LUPAG) Map designation for this section of the South Hilo District is Low Density Urban. 4) Applicable goals/policies objectives and priority guidelines of the Hawaii State Plan: The proposed project is consistent with the following goals, policies, objectives and priority guidelines of the Hawaii State Plan. Goal (to achieve) • A strong, viable economy, characterized by stability, diversity, and growth, that enables the fulfillment of the needs and expectations of Hawaii's present and future generations. • Physical, social, and economic well-being, for individuals and families in Hawaii, that nourishes a sense of community responsibility, of caring, and of participation in community life. Objectives and Polices for Population • .Promote increased opportunities for Hawaii's people to pursue their socio- economic aspirations throughout the islands. • Plan the development and availability of land and water resources in a coordinated manner so as to provide for the desired levels of growth in each geographic area. Obiectives and Polices for Socio-Cultural Advancement--Housing Greater opportunites for Hawaii's people to secure reasonably priced, safe, sanitary, and livable homes, located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals, through collaboration and cooperation between government and nonprofit and for-profit developers to ensure that more affordable housing is made available to very low-, low- and moderate-income segments of Hawaii's population. • The orderly development of residential aeeas sensitive to community needs and other land uses. • Effectively accommodate the housing needs of Hawaii's people. • Stimulate and promote feasible approaches that increase housing choices for low- income, moderate-income, and gap group households. • Increase homeownership and rental opportunities and choices in terms of quality, location, cost, densities, style and size of housing. • Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. Popuiation Growth and Land Resources Prioritv Guidelines • Priority guidelines for regional growth distribution and land resource utilization: • Encourage urban growth primarily to existing urban areas where adequate public facilities are already available or can be provided with reasonable public expenditures, and away from aeeas where other important benefits aze present, such as protection of important agricultural land or preservation of lifestyles. • Make available marginal or nonessential agricultural lands for appropriate urban uses while maintaining agricultural lands of importance in the agricultural district. • Utilize Hawaii's limited land resources wisely, providing adequate land to accommodate projected population and economic growth needs while ensuring the protection of the environment and the availability of the shoreline, conservation lands, and other limited resources for future generations. Affordable Housing Priority Guidelines • Seek to use mazginal or nonessential agricultural land and public land to meet housing needs of low- and moderate-income and gap-group households. 4 • Give higher priority to the provision of quality housing that is affordable for Hawaii's residents and less priority to development of housing intended primarily for individuals outside of Hawaii. 5) Zoning: The zoning designation for the subject property is Agricultural three acres (A-3a). 6) Community Plans: The Hilo Community Development Plan, adopted by Planning Commission Resolution in 1975, depicts the area as Agricultural - 3 acre (A-3a). 7) 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 I) Descripfion of the subject properly: The property is located along the west side of Awa Street, approximately 175 feet south of the Mahiai Street-Awa Street intersection, Waiakea, South Hilo, Island of Hawaii and identified as Tax Map Key: (3) 2-2-48: 10 and 120. There is an existing single family dwelling situated on the subject property which was constructed in 1957. The dwelling has not been occupied for quite some time and will be demolished. Portions of the property have been planted in macadamia nut trees although these plantings have not been maintained and are overgrown with grass and shrubs. Other portions of the property were previously utilized as pasture. 2) Lava Hazard Zone: The volcanic hazard as assessed by the United States Geological Survey for the project azea is " 3" on a scale of ascending risks 9 to 1 (Heliker 1990). Zone " 3" includes all of the city of Hilo situated south of the Wailuku River. 3) Distance from the coastline: The coastline is situated approximately 4 miles north of the subject property. 4) Agricultural Lands of Importance to the State of Hawan (ALISH) designation: The subject property is classified as "Other Important Agricultural Land" by the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system. 5) U.S.D.A. Natural Resources Conservation Services Soil Service Report soil type: The soils of the project azea are classified as being of the Papai Series which consists ofwell-drained, thin, extremely stony organic soils over A'a lava. The Agricultural Capability Subclass rating for rPAE soils is VIIs, nonirrigated, which indicates "soils have very severe limitations (shallow, droughty or stony) that make them unsuited to cultivation and that restrict their use lazgely to pasture or range, woodland, or wildlife:' (U.S. Soil Conservation Service 1973) t7 Land Study Bureau soil rating: The overall master productivity rating for the soils of the subject property is Class E which is described as "very poor". 7) Existing drainage ways or improvements: The subject property abuts the Waiakea Uka Flood Control Project on its northern boundary. This project was designed and constructed to Federal Emergency Management Agency (FEMA) standards to manage floodwaters in the azea. 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 standazds as evidenced by its designation as an "attainment" azea by the State Department of Health, Clean Air Branch. Existing noise levels in the vicinity of the subject property aze typical of a rural residential neighborhood. Based on general observations at the project site, the site is not subject to current or projected noise levels that exceed 65 DNL (day-night average sound level, in decibels). The U.S. Department of Housing and Urban Development (HiJD) utilizes environmental noise criteria for evaluating the acceptability of housing project sites. Those sites having exterior noise levels that do not exceed an lay of 65 dBA are deemed acceptable and do not require additional noise attenuation. The subject property is not situated in close proximity to any major water body. As such, the proposed change of zone is not anticipated to have any impact on water quality. 9) Existing archaeological, cultural or historic sites on National Register or Hawaii Register: Due to prior land clearing and development and use of the subject property for single family residential and agricultural purposes since the 1950's, it is highly unlikely that any azchaeological, cultural or historic sites aze present on the property. Based on the foregoing, a letter dated December 14, 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 project azea was previously grubbed during the 1950's and has been utilized as pasture, planted with macadamia nuts and as a single family residential site. The azea is now overgrown with non-native grasses and shrubs. $ased on the extensive prior disturbance ofthe land on the subject property, no rare or threatened or endangered plant or animal species aze present or anticipated, and no adverse effects to any valued ecosystem are expected from the proposed project. 11) Scenic or coastal resources: There aze no scenic or coastal resources in the immediate vicinity of the subject property. Criven the height of surrounding vegetation, the scenic views in the vicinity of subject property are limited. 12) Social settlement pattern for the area: The project area is situated within a mixed agricultural and residential community. Zoning for surrounding properties includes Agricultural ten acres (A-l0a) to the north and east, Agricultural three acres (A-3a) to the west and south. Other zoning designations within close proximity include Agricultural one acre (A-la), Family Agricultural three acres and one acre (FA-3a 6 and FA-la) and Residential-Agriculture half-acre (RA-.Sa), and Single Family Residential ten thousand square feet (RS-10). Nani Mau Gardens is situated to the south of the project area. 13) Economic resources of the area: Although the subject property is situated on the outskirts of the City of Hilo, the project area is still relatively close to employment centers, shopping centers, schools, churches, public and private service providers, and airport and wharf facilities. 14) Land valves: Land value in the South Milo district has declined somewhat from its peak several years ago but remains high in comparison to prices eazlier in this decade. 15) Land ase: Surrounding properties contain a mix of single family dwellings, agricultural activities or are vacam. Nani Mau Gardens is situated in close proximity south of the subject property. 16) Zoning: Zoning for surrounding properties includes Agricultural ten acres (A-l0a) to the north and east, Agricuiturai three acres (A-3a) to the west and south. Other caning designations within close proximity include Agriculiural one acre (A-I a), Family Agricultural three acres and one acre (FA-3a and FA-la) and Residential- Agrieulture half-acre (RA-Sa), and Single Family Residential ten thousand square feet (RS-10). D) PUBLIC FACILITIES AND SERVICES 1) Description of acmes: Access to the subject property is provided by a private road, Ka'oko' a Way, which has a 50-fioot wide right-of-way with a 20-foot wide pavement offofAwa Stmt. Awa Street is a County mad with a 50-foot wide right-0f-way with a 20-foot wide pavement and 6-foot wide grass shoulders. Z) Availability of water. Cou~y water is available from an existing b-inch waterline within the existing private road right-of-way. 3) Sewage disposal: The project area is not situated within the service limits of the County's wastewater disposal system. The proposed twelve lot subdivision will utilize individual wastewater systems meeting with the approval of the Department of Health. 4) Solid waste: There is ~ 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 Enviromnental Management. 5) Police and Sne protection: Fire, emergency medical and police services are provided from ti-e ICawailani Fire Station and the lIilo Police Headquarters. 6) Schools: The project area is served by tbe Waiakea High School, Waiakea Middle School and Waiakeawaena Elementary School. 'n Parks: The Malama Playground, a County Park, is situated approximately 3,000 feet southeast of the subject property and includes Bennis courts, playground, Play field and restroom facilities. The Panaewa Recreation Complex which includes the Rainforest Zoo and tbe Equestrian Cenbet, as well as the Hilo Municipal Golf Course is located within two miles of the subject property: 7 8) Other utilities and services (telephonelelectricity): The subject property is served by electrical and telephone lines along Awa Street. E) ENVII20NMENTAL ASSESSMENT AND ANALYSIS 1) Relationship between local short term uses of environment and maintenance and enhancement of long term productivity: Although the subject property is situated within the State Land Use Agricultural District it is not well suited for intensive agricultural use because of poor soil conditions as evidenced by the Land Study Bureau's Soil Rating of "E" or Very Poor. Approval of the subject State Land Use Boundary amendment and change of zone application will still allow a mix of residential and agricultural uses to continue but will result in a more efficient utilization of the land and the urban infrastructure already serving the project area. 2) Mitigative measures proposed to avoid, minimize, rectify or reduce impact: Impacts resulting from the proposed State Land Use Boundary amendment and change of zone aze expected to be minimal. Any potential impacts can be mitigated by complying with all applicable code requirements. 3) Alternatives to the proposed development: In the event that the State Land Use Boundary Amendment and change of zone application are denied, the Agricultural designation and A-3a zoning will remain in place. The two existing parcels would likely be utilized for residential and agricultural uses similar to those of the surrounding properties. 4) Irreversible and irretrievable commitments of natural resources that would be involved ff the proposed actioa is implemented: The project azea is designated as "Other Important Agricultural Land" by the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system. As noted previously, however, the subject area is not well suited for intensive agricultural use because of poor soil conditions as evidenced by the Land Study Bureau's Soil Rating of "E" or Very Poor. There are thousands of acres of land with similaz site characteristics within the South Hilo and Puna districts which are situated within the State Land Use Agricultural District As such, the conversion of these agricultural lands fora 12-lot residential and agricultural subdivision will not adversely affect the agricultural productivity potential of the County of Hawaii. 8 } 3/IN3AV ~ OtlOY )/tlY wt }O S %-- ~ rte,...-«- O #..-:."' ; 4~ O Ca.3 ~~. ~a.$ 0 ~~a8 8 §v ~d ga °n 3- w OY3 ~~ m~ ~= ' -~ y A a ~ t 1 °- , : ~_ i s ~~f ~ 8 O „' Y :I I a- __~ $ C) w i ~ Iry ~ ! ° ~ N -d- ® ~~~ 0 W S~' ~ i ~ ~/ ~"Q S i dal O I ~°/ - V l n Y l'1 ° L- ~~ W e Q ~ ~, N J ~ NnNtl 0 ~ ' t ~ ~ e `. m 'wO° °' `°Y ~ Dr P oroa tl ' g ~ 2 e ~ ~~ ~ e e 11+ O ~_e ~ ~8 f ~! q~ 91 fr g o~ F ~ ; ' ~ O° a. .Z 'i ©o c. yy _ ` 0 J O Y Y d 1 FF - . ~ ! ° ®YY ~:` c tlr t $ v , ~ w i CL < °§ ~ > O ., f Q y4 a py Rt !] = ! 1 ~~ ~ o u L _ tl 4 ~, ~°..~ v 13 3tl 1T ° VMI e ~ O ~ ~ p :: ° i ~~ n FE}€ c ° `~ 0 Y ~~~ °S< ~` v O ~ ~ I ~. O d ~ ' ; ~ ~ ~ ~ $ ~ I W ~ Y ~ °' _m i N ~ ' y ' _ 2 I ~~ .. ~ ~ ,~ ° ~ n e. e , T g l W ' A p w ~§ 0 I ~ s ~~ G ~ ~ N I Q S~ l ' ^• p A... i f O C~° ~ 8 ~ lJ ~~ e - ~ f ~ ~ aF `.-G ~ ~ _ S of ~ ~ c~ : "sF~ I < 1 C I w ~°. 3 t ,® avvev ~ ~ -tlq i e .L ~ '~ f °.aca ^114 2 eQ s I x a a ; ~' I Q a~ :~ e~ ~w ~4 i ' ~~/4F 3 s~ °~ 1 ~ ~ ~ N / ~ ; Q W :~ ~ ~ t xtL" Q ~°.vanv < ~ f 'a: 3 ~. t +x ti ~ 4 ~ ;q !!2/Z-//0.3 .aN .d'v"s/ (OVON ONVJIOA) ° w t~ ~ YON3 )30NVM o ape 9ff t. B~Ya i. '~~ -__ p..rv. °..°.., ~ ~d PLAT °'~ ........._ o ~•j{S OMr c a•aor ...~ m .1K 8 i 9 Ru, ~j7y8~ 00911 4111 E Sgg~ + A $ S ~-' a € $~e ~ ~ ~$~ r°ci Et `Y E6~ wac - m.wl j °P, .~ waL m.IK 0 C~ ~ ,y s ,! ® ~ 01101 ~ m.101 1~q~( 5 Y ~ WIa m.lK $ O ~ O< , 7 $ ^Q y weer m .lK 9 '' wa1 ~ m.ul $ ~ ~{ _ r, ~ ee ~ ~• • Ti g ~~B • ~$ : w . ~O g T!{~q~ ~ dS ~ ~ 00'001 .-m.l.l '1- c° ~ C o A ° 9~ gR ~~w $y 00111 -~ m.1R • ~ = O` 00104 ~ m .101 + ~ 9 ~ O C i - ~ ~ y ~ was ~ '',~ ~ a ~ ~ ° h o o= ~ ~ S ~ 3 '~ Y ; wi • m d ° ~~~ = C Y= «°c m ~ w11 - .ymy pllu m.wl 2 ~ • Y O C ~F 9 i5~~ ~+.so aG +~ ~ ~ 3O (9; p '}s~~c55g ~_~ ~ l ~ ~ o f e~ vO c m 'S S . 81:~'~ t1 ~i • 09 r +ww.~v° ° 0 ~ ~~ .tom < v 0 0 `\\f'~ os~ a . '4 g~ ~ ~ w e ~7. ~o~~ ! y, S S m °N~ 'Y 4 ~ y J ~ N ~ 7i~{,[, j 6 3~~ 3e_ i °a • 0 o ~~o •r ~ o~e ~ e ~ ^ ~8 a v ~°e C Ei~ ~' 8°8a o' . ~u13i B 3$ y~ S COUNTY OF HAWAII STATE OF HAWAII BILL NO. z66 ORDINANCE NO. 96 73 AN ORDINANCE AMENDING SECTION 25-114 {CITY OF HILO ZONE MAP), ARTICLE 3, CHAPTER 25 {ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-l0a) TO AGRICULTURAL {A-3a) AT WAIAKEA, SOUTH HILO ,HAWAII, COVERED BY TAX MAP KEY 2-2-48:10. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-114, Article 3, Chapter 25 (Zoning Code} of the Hawaii County Code, is amended to change the district classification of property described hereinafrer as follows: The.district classification of the following area situated at Waiakea, South Hilo, Hawaii, shall be Agricultural {A-3a): Beginning at the southeast corner of this parcel of land, being also the northeast comer of Lot 7 and on the westerly side of Awa Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALM", being 15,282.50 feet South and 13,608.69 feet East, thence running by azimuths measured clockwise from true South: l . 71 ° 00' 1,352.80 feet along Grant 13,035 to Martin John Branco (Lot 7); 2. 161 ° 00' 529.35 feet along Executive Order No. 2079 (Lot 10); 3. 269° 56' 44" 2.34 feet along Waiakea Uka Flood Control; ~!?~Tlill~t~ ®~j~t. 4. Thence along R`aiakea Uka Flood Control on a curve to the left with a radius of 1.100.00 feet. the chord azimuth and distance being: 260° 28' 22" 362.07 feet; 5. 251° 00' 993.45 feet along Waiakea Uka Flood Control; 6. 341 ° 00' _ 469.00 feet along Awa Street to the point of beginning and containing an area of ] 4.729 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. -Final Subdivision Approval of the proposed subdivision shall be secured from the Piamting Director within five (5) years from the effective date of this ordinance. C. Covenants in the deeds of all the subdivided lots shall require that all uses established on the lots are in conformance with the statutory requirements of Chapter 205, Hawaii Revised Statutes (State Land Use Law) and Chapter 25, Hawaii County Code {Zoning Code). A copy of the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the approved covenant shall be recited in an instrument executed by the applicant and the County and recorded with the Bureau of -2- Conveyances with a copy of the recorded covenant to be filed with the Planning Department upon its receipt from the Bureau of Conveyances. D. Access(es) to Awa Street shat] meet with the approval of the Department of Public Works. E. A wastewa~r disposal system shall meet with the approval of the Department of Health, Department of Water Supply and/or Department of Public Works. F. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concenttations or human burials be encountered, work in the immediate area shall cease and the State Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it finds that sufficient mitigative measures have been taken. G. Should the Council adopt a Unified Impact Fees Ordinance matting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. H. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circtunstances: -3- 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, its successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). 1. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the area to its original or more appropriate designation. 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. -4- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL ME BER, CO TY OF HAWAII Hiio, Hawaii Date of Introduction: June 3, 1996 Date of 1st Reading: June 3, 1996 Date of 2nd Reading: June 19, 1996 Effective Date: June 27, 1996 REFERENCE: Comm. 1 5~ G _ A P r ' V~E,D A/S TO FO AND LEGALITY ~~~`'"~ '~PUZY CORPORATION COUNSEL DATED: `~~lI~9G -5- A-V a-b n-z. A-v 'I`~~" 0 r° I O I O A-10. 0 A-'~ A-4. A-V . A•4 ~'` WAMLlA lLA /L 000 A-10. A.10. AGRICULTURAL (A-10a~ ///// TO ///// / AGRICULTURAL A-3a AREA: 14.729 ACRES A-!. STREET CONILOL A-10. n ~ A•a. t3,60B.69 I. "HALAY A A•O, A 'w W n-~(~, A-f. ~ N A ~ STREET 0 x n s 0 3 c a n_,. v ~ A-~ ~'M'1' STREET AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-114 (CITY OF HILO ZONE MAP) ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-10a) TO AGRICULTURAL (A-3a) AT WAIAKEA, SOUTH HILO, HAWAII. PREPARED BY PLANNING DEPARTMENT COUNTY OF HAWAII TMIC 2-2-48: SO APRIL 4, 1946 CYlJ1QIT °A° f50Nb1UM1 ~:' f OFFICE OF THE COUNTY CLERK County of Hawaii Hilo Nau~aii Introduced By: Takashi Daningo Datelntroduced: Jame 3, 1996 First Reading: June 3. 1996 Published: N/A REMARKS: Semnd Reading: June 19, 1996 To Mayor: June 20, 1996 Returned: June 27, 1996 Effective: June 27, 1996 Published Jul 8, 1996 REMARKS: ROLL CALL VOTE AYES NOES A85 EX Arakaki X Bonk-Abramson X Childs X De Lima Domingo y( Osorio X Rath X ~Y X Smith X 8 1 0 0 ROLL CALL VOTE AYES NOES ABS `EX Arakaki X Bonk-Abramson X Childs }{ De Lima X Domin }{ Osorio X ~~ X Ray }r Smith X 7 1 1 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and pu6Iished as indicated above. / /~ _ ~ ~~ ~COUNCIG CHAIRMAN `" i~/~i`~~%~~~~i~GF ~ COUNTY CLERK day riirr No.: 266 Refnencc C- 154 PC- OrA. No.: Approved/DiMpp~std this Z ~ :~~~ ~,~ ~ ~ DEPARTMENT OF PUBLIC VIIORKS - ~: ~ ~ ~ ~~ 1 ~ 4,~ cOUraTY OF I-IAWAII - - HlLO, NAwAII ~ f'rw~~,il DATE: August 14, 2008 TO: Christopher J. Yuen, Planning Director FROM: ~ D~ ment of Public Works SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APP. (SLU-O8-000020) CHANGE OF ZONE APPLICATION (REZ 08-000020) Applicant: Sonomura Rentals, Inc. Request: A-3a to RA-.5a Tax Map Keys: 2-2-48: 010 & 020 We have reviewed the subject application forwarded by your memo dated July 16, 2008 and offer the following comments for your consideration. All development-generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. A drainage study shall be prepared and the recommended drainage system shall be constructed meeting the approval of the Dept. of Public Works. The subject parcel is in an area that is not mapped by the Federal Emergency , Management Agency and is designated as Zone X - an area determined to be outside the 500-year floodplain.. Awa Street is a County right-of-way of 50' width. The Zoning Map (Ordinance No. 187) classifies Awa Street as a collector of EO' width. Tile tentative approval for subdivision application number 96-125 required a 5' wide future road widening. Based on the intended zoning, we recommend the applicant provide improvements to the entire frontage along Awa Street consisting of: but not limited to, paved shoulder and swale and any required utility relocation, meeting the approval o? the Dept. of Public Works. We also recommend the applicant provide improvements to the existing 20' wide pavement within the 50' wide Ka'oko'a Place right-of-way consisting of; but not limited to, paved shoulders and swales meeting the requirements of a dedicable street. Streetlights and traffic control devices shall be installed as may be required by the Traffic Division, Department of Public Works. The applicant sha!I be respcnsible for the design, purchase, and installation of such devices. ~-- Questions may be referred to Kelly Gomes at ext. nnin ~~ ~. n ~3 ~q il(."s ~ F Exhibit ~~.`~_~ ~ ~"._...._ ~~~8 BUG ~_~ P~ gin, ~?3 DE~-~i`~IiV1.~ ~'r~`~.'.~~~A~~ER SUPPLY COUPITY OF HAWAII 3a6 K KU AO`A STREET, SUITE 20 HILO, HAWAII 96720 TELEPHONE (608)961-8050 FAX (808)961-8657 August 8; 2008 TO: Mr. Christopher J. Yuen, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 08-000020) REQUEST: AGRICULTURAL TO URBAN CHANGE OF ZONE APPLICATION (REZ 08-000081) APPLICANT - SONOMURA RENTALS, INC. REQUEST: A-3A TO RA-.SA TAX MAP KEY 2-2-048:010 AND 120 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 Kaokoa place fronting the subject parcels. Each of the subject pazcels is currently served by a 1-inch service lateral, which is limited to an average of 400 gallons per day and suitable for only one single-family dwelling. Pursuant to Rule 5 of the Department's Rules and Regulations, a water commitment may be issued. Based on the ten (10) additional lots requested in the proposed Change of Zone Application, the required water commitment deposit is $1,500.00: Remittance of the $1,500.00 water commitment deposit is requested as soon as possible so that a water commitment may be formally effected. The commitment will be in writing with specific dates and conditions stated. Upon receipt of the water commitment deposit, we will provide our requirements for water service, applicable facilities chazges due, and other conditions for final subdivision approval. Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at 961-8070, extension 256. D. Pavao, P.E. RQ:dfg I" f ~' EXHIBIT sc~~r~~~ copy - Sonomura Rentals, Inc. Mr. Brian T. Nishimura ~ A / ~. ~~~1~~~Qa ... I/UaEer d~~~~~ rro~reaa... ~$ The Department of Water Supply is an Equal Opportunity provider and employer. To file a complaint of tliscrimination, 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 TDD) Harry KiQ~7(m(~1y(~~ (}~ ~J (} :}ltn'nfgU~t ~.)~iL .~.~. ~I I ~ C.J ' ;,~ ; ;~%ENT ,v~~f~ ~ ! ~; 17H:v!/till July 30, 2008 County of Hawaii POLICE DEPARTMENT 349 Kapiolani Street Hilo, Hawaii 967203998 (808) 9353311 Fax (808) 961-8865 TO CHRISTOPHER J. YUEN, PLANNING DIRECTOR FROM SAMU LE -IOMAS, ACTING ASSISTANT CHIEF AREAIOPERATIONS Lawrence K. Mahuna Police Chie% Harry S. Kubojiri Deputy Police Chiel' SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 08-000020); REQUEST: AGRICULTURAL TO URBAN; CHANGE OF ZONE APPLICATION (REZ 08-000081) REQUEST: A-3A TO RA-5A APPLICANT: SONOMURA RENTALS, INC TAX MAP KEY: 2-2-48:10 AND 20 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 ~~~~~~~ ; .iuQ~~~5 6 z "Hawai'i County is an Equal Opportunity Provider and Employer" Harry Kim ~ ~~ ~ ,}S Mayor i ~;i,~tiENT vVl/1V {.~ - I r ~_, ~-;g4'~JF~II ~DUTYrp Ot ~~111~i`i HAWAII FIRE DEPARTMENT 25 Aupuni Street • Suite 103 Hilo, Hawaii 96720 (808) 981-8394 • Fax (808)981-2037 August 12, 2008 TO CHRISTOPHER J. YUEN, PLANNING DIRECTOR FROM DARRYL OLIVEIRA, FIRE CHIEF Darryl J. Oliveira Fire Cfiief Glen P.I. Honda Deputy Fire Chief SUBJECT: STATE LAND USE BOUNDARY AIv1ENDMENT APPLICATION (SLU 08-000020) CAHNGE OF ZONE APPLICATION (REZ 08-000081) REQUEST: A-3a to RA-.Sa APPLICANTS: SONOMURA RENTALS, INC TAX MAP KEY: 2-2-48:10 AND 20 We have no comments to offer at this time in reference to the above-mentioned State Land Use Boundary Amendment and Change of Zone applications. ARR L OLIVEIRA Fire Chief JCPapc Planning ~~pt. Exhibit ~ 0 •) y ' ,mac. 1)E Or~M>~P ~iU(: "" ~ ;;%~UH ~~: 044554n ~.11A~~/FAA 4iAq~,~ [gym`- ~ ~ Pm ~ S~ p ~ - -; ~„1=NT i LT=~~ -~ J Bobby Jean Leithead Todd Director Nelson Ho Deputy DirecJOr ~iTLtk[~~J O~~~I~1tMT~t DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street Hilo, Hawaii 96720 (808) 961-8083 ~ Fax (808) 961-8086 htto://co.hawaii.hi.us/directory/dir envmne htm MEMORANDUM Date : July 18, 2008 To CHRISTOPHER YUEN, Planning Director From: BOBBY JEAN LEITHEAD-TODD, Director. Fj~.( .Subject: State Land Use Boundary Amendment Application (SLU 08-000020) Request: Agricultural to Urban Chan e of Zone Application (REZ 08-000081) equest: A-3a to RA-.Sa Applicant: Sonomura Rentals, Inc. TMK: 2-2-48:10 an ~ 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 f the Hawaii County Code. (,~Other:_ a>~ c-;twc~- 1.1 a-n,c.-~.-. --~, TECHNICAL SERVICES COMMENTS: Nc ec:~Z 5cv-vim- I~:.>,,,rK},~ 1T SOLID WASTE COMMENTS: ~~''~ 1'1 ~~-`~~ P"'•`~ ~'~ ( ) No comments (~I Commercial operations, State and Federal agencies, religious entities and non-profit organizations may not use transfer stations for disposal. ( }(1) 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. (~ Greenwaste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or other suitable diversion programs. (`sii0} 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 ollow ff to to the department t~ t~te~s6atttsr t, ( )Other: ~ ~. ~~1~ 1~~ 11011 oo: swD, Tss, wwD '~~' ov7z JUI~ ~ ~~ ~ CnnnN ofHawai`i ~c an Fmwl (lnnnm b...-. Ids, Bobby Jean Leithead-Todd Director Harry Kim Mayor Nelson Ho DeDUIy Director C~ia~t~tf~r uf~ttfutti`i DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo, Hawari 96720-4252 (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 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. 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. 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 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: Bobby Jean Leithead-Todd DIRECTOR 10/13/03 Revised 09/14/07 Hawari County is an Equal Opportunity Provider and Employer. LINDA LINGLE GOVERNOR U ~ ; ~ ~ i ~~ I 'p,ii ~e-~ i n~/IEC\11 ,1~1~F: ~ r ~~ I ~~,4Vtiil MEMORANDUM DATE: August 12, 2008 0 4Pl'~1BSgN'_'~~ N~ t At i ~l j® ~i ~~ ~,..-__...-go- STATE OF HAWAII DEPARTMENT OF HEALTH' P.O. 80X 916 HILO, HAWAII 96721-0916 TO: Christopher J. Yuen Planning Director, County of Hawaii CNIYOME L. FUKINO, M.D. Direcmr of Health FROM: Newton Inouye F~~ Acting District Environmental Health Program Chief SUBJECT: State Land Use Boundary Amendment Application (SLU 08-000020) Request: Agricultural to Urban Change of Zone Application (REZ 08-000081) Request: A-3a to RA-.Sa Applicant: Sonomura Rentals, Inc. Tax Map Key: 2-2-48:10 and 20 Underground Injection Systems (Ph. 585-4258) which receive wastewater or storm runoffs from the proposed development need to address the requirements of Chapter 23, Hawaii State Department of Health AdminisU-ative Rules, Title 11, "Underground Injection Control." The applicant would need to meet the requirements of our Department of Health Air Pollution Rules, Chapter 60.1, Title 1 ] ,State of Hawaii for fugitive dust control. If there is need to discuss these requirements, please contact our Clean Air Branch staff at Ph. 933-0401. The Department of Health (DOH), Clean Water Branch (CWB), acknowledges receipt of the subject document on July 18, 2008. The CWB has reviewed the limited information contained in the subject document and offers the following comments: The Army Corps of Engineers should be contacted at (808) 438-9258 for this project. Pursuant to Federal Water Pollution Control Act (commonly known as the "Clean Water Act" (CWA)), Paragraph 401(a)(1), a Section 401 Water P, D. EXHIBIT sc~~tN~ - g >~y:0 414~n1~~2 Christopher J. Yuen Page 2 of 4 August 12, 2008 Quality Certification (WQC) is required for "[a]ny applicant for Federal license or permit to conduct any activity including, but not limited to, the construction or operation of facilities, which may result in any discharge into the navigable waters...". The term "discharge" is defined in CWA, Subsections 502(16), 502(12), and 502(6); Title 40, Code of Federal Regulations, Section 122.2, and Hawaii Administrative Rules (HAR), Chapter 11-54. 2. In accordance with HAR, Sections 11-55-04 and 11-55-34.05, the Director of Health may require the submittal of an individual permit application or a Notice of Intent (NO>) for general permit coverage authorized under the National Pollutant Discharge Elimination System (NPDES). a. An application for an NPDES individual permit is to be submitted at least 180 days before the commencement of the respective activities. The NPDES application forms may also be picked'up at our office or downloaded from our website at: httn://www.hawaii eov/health/environmentaUwater/cleanwater/forms/indi v-index.html. b. An NOI to be covered by an NPDES general permit is to be submitted at least 30 days before the commencement of the respective activity. A separate NOI is needed for coverage under each NPDES general permit. The NOI forms may be picked up at our office or downloaded from our website at: httn://www.hawaii uov/healtl>/environmental/water/cleanwater/forms/¢enl -index.html. i. Storm water associated with industrial activities, as defined in Title 4Q Code of Federal Regulations, Sections 122.26(b)(14)(i) through 122.26(b)(14)(ix) and 122.26(b)(14)(xi). [HAR„Chapter 11-55, Appendix B] ii. Construction activities, including clearing, grading, and excavation, that result in the disturbance of equal to or greater than one (1) acre of total land area. The total land area includes a contiguous area where multiple sepazate and distinct construction activities maybe taking place at different times on different schedules under a larger common plan of development or sale. An NPDES permit is required before the commencement of the construction activities. [HAR, Chapter 11-55, Appendix C] iii. Discharges of treated effluent from leaking underground storage tank remedial activities. [HAR, Chapter 11-55, Appendix D] Christopher J. Yuen Page 3 of 4 August 12, 2008 iv. Discharges of once through cooling water less than one (I) million gallons per day. [HAR, Chapter 11-55, Appendix E] v. Discharges of hydrotesting water. [HAR, Chapter 11-55, Appendix F] vi. Discharges of construction dewatering effluent. [HAR, Chapter 11-55, Appendix G] vii. Discharges of treated effluent from petroleum bulk stations and terminals. [HAIL, Chapter 11-55, Appendix H] viii. Discharges of treated effluent from well drilling activities. [HAR, Chapter 11-55, Appendix I] ix. Discharges of treated effluent from recycled water distribution systems. [HAR, Chapter 11-55, Appendix J] x. Discharges of storm water from a small municipal separate storm- sewer system. [HAR, Chapter 11-55, Appendix K] xi. Discharges of circulation water from decorative ponds or tanks. [HAR, Chapter 11-55, Appendix L] In accordance with HAR, Section 11-55-38, the applicant for an NPDES permit is required to either submit a copy of the new NOI or NPDES permit application to the State Department of Land and Natural Resources, State Historic Preservation Division (SHPD), or demonstrate to the satisfaction of the DOH that the project, activity, or site covered by the NOI or application has been or is being reviewed by SHPD. If applicable, please submit a copy of the request for review by SHPD or SHPD's determination letter for the project. Any discharges related to project construction or operation activities, with or without a Section 401 WQC or NPDES permit coverage, shall comply with the applicable State Water Quality Standards as specified in HAR, Chapter 11-54. Hawaii Revised Statutes, Subsection 342D-50(a) requires that "[n]o person, including any public body, shall discharge any water pollutants into state waters, or cause or allow any water pollutant to enter state waters except in compliance with this chapter, rules adopted pursuant to this chapter, or a permit or variance issued by the director." If you have any questions, please contact Mr. Alec Wong, Supervisor of the Engineering Section, CWB, at (808) 586-4309. Clu-istopher J. Yuen Page 4 of 4 August 12, 2008 We recommend that you review all of the Standard Comments on our website: httu://hawaii.aov/health/environmental/env-olanning/landuse/landuse html. Any comments specifically applicable to this project should be adhered to. WORD:SLU 08-000020/REZ 08-000081.at ' LINDA LMGLE GOVERNOR OF HgWAII , o r, h qP:'. \93y~ y p ~VpTd aM ~wL A 1, fi,, L~~U ~.!uI ~ ~J )) UU U (/~y, r f"t~ 7 ~5 li III ii ' t ~ ~ 1 i ' ~ ~ APP, a~~l! ; } f -~ C I~; P1~ENT '`~. > ~ ~ n ~ l~~Jlvi 7 ~Ji~.}iO : IJr f-if\~\V/'\~~ ~,~~~;;,,~ STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES STATE HISTORIC PRESERVATION DIVISION 601 KAMOKILA BOULEVARD, ROOM S55 July 25, 200$ KAPOLEI, HAWAII 96709 Christopher J. Yuen, Planning Director County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-4224 Dear Mr. Yuen: LAURA H. THIELEN cxgmeEUON EOARD OFIANppNp NATVRp1.RERppRCFS COMMISSION ON WATER RESOVRCF MgNAGEMEM RUSSELL Y, i5U.11 FRISi OEPVFY KEN C KAWAHARA OEPUM1'Op1ECTOR ~ WgIER ppupnc ResolmcEs RGATwc arm OCEAN RECREwnoN R\mEAU Or coNVEVaucFs COMMtS510N ON WAI£RRESOVRCE MANpGEMfNI' CONSFAVAVONgNp COASTALLpNp$ CONSERVpT10N ANO RESOURCES FNFORCEMFNi ENCwEmwc PoRESIRV pNO WR-L6E wsroluc eRESmvpnoN KANWIAWEISLgNp RESERVE COMIASSION $TpTE PARKS LOG NO: 2008.3025 DOC NO: 0807MD91 Archaeology SUBJECT: Chapter 6E-42 Historic Preservation Review - Request for Comment on a State Land Use Boundary Amendment Application (SLU 08-000020), Ag to Urban Change of Zone Application (REZ 08-000081), A-3a to RA O.Sa for Applicant Sonomura Rentals, Inc. Waiakea Ahupua`a, South Hilo District, Island of Hawaii TMK: (3) 2-2-048:010 & 120 Thank you for the opportunity to comment on the aforementioned project, which we received on July 24„ 2008. We detemune that no historic properties will be affected by this undertaking because: ^ Intensive cultivation has altered the land ® Residential developmenUurbanization has altered the land ® Previous grubbing/grading has altered the land ^ An accepted archaeological inventory survey (AIS) found no historic properties ^ SHPD previously reviewed this project and mitigation has been completed ^ Other: In the event that historic resources, including human skeletal remains, cultural materials, lava tubes, and lava blisters bubbles are identified during the construction activities, all work needs to cease in the immediate vicinity of the fmd, the fmd needs to be protected from additional disturbance, and the State Historic Preservation Division, Hawaii Island Section, needs to be contacted immediately at (808) 981- 2979. Please contact Morgan Davis at (808) 981-2979 if you have any questions or concerns regarding this letter. Aloha, r, a . s~~~~~~ Nancy McMahon, Archaeology and Historic Preservation Manager EXHIBIT ~t ~~~A33 ~a~ 3 State Historic Preservation Division LINDA LINGLE GOVERNOR OF HA W All 2608 JU` 2~ Aft r 'i1 vUlii' i '( UF~ ~Iri~~4~n~~ LAURA x. rxleLErv CHAIRPERSON BOpRp OE IANp pNp NATURAL RLSOVRCFS COI.PLSSION ON WATER RESOURCE MpNAGEM£M STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 62I HONOLULU, HAWAII 96809 July 21, 2008 County of Hawaii Planning Department 101 Pauahi Street Suite 3 Hilo, Hawaii 96720 Attention: Mr. Norman Hayashi Gentlemen: Subject: Special Permit Application (SPP 08-000065) Special Permit Application (SPP 08-000063) State Land Use Boundary amendment Application (SLU 08-000020) Special Permit Application (SPP 08-000064) 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, ~~,~0 i'e~'~~,E- ~ ~C~ Morris M. Atta Administrator r i+~r~~islg ~c~~t. Ex~sibit f a ....~..~~Y..~..._.mw..e.. _..~...~,.. . Iii ._ .. . wc._.0.4~.~ 3'7 a..~ ~.~~__:.._n..~.... _ _ ..., LINDA LINGLE c a!;, „q BRENNON T. MORIOKA CF ERNOR {ytp (((+ pp ~UU '~ ~~yy 1f1 ' ° 9s? \+ h ~ ~ ~e~: f ~ . DIRECTOR UU J_U t 7~ < ~~ ~ Deputy Dbeclors i LV l~jll ^ ~ ~~,! i I ~~~~~~ ~ ~ Est, f~ ~ ~ !aa ~ MICHAEL D. FORMBV FRANCIS PAUL KEENO , I'vl ' ~ i ~ ~°~'-^~ BRIAN H. SEKIGUCHI STATE OF HAWAII IN REPLY REFER TO: DEPARTMENT OF TRANSPORTATION 669 PUNCHBOWL STREET HWy_pS HONOLULU, HAWAII 96813-5097 2.8925 August 13, 2008 Mr. Christopher J. Yuen, Director County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-4224 Dear Mr. Yuen: Subject: State Land Use Boundary Amendment Application (SLU 08-000020), Agricultural to Urban Change of Zone Application (REZ 08-000081), A-3a to RA-.Sa Sonomura Rentals, Inc. Hawaii, South Hilo District, Waiakea, TMK: (3) 2-2-48: 10 and 120 Thank you for consulting us on the subject project. We have the following comments: 1. The proposed subdivision of the subject property into twelve (12) %2-acre residential/ agricultural lots will not adversely impact our State highway facilities. 2. We have observed a trend in this piecemeal or "spot" type of zoning change and land use boundary amendment applications in various areas in the county, and eventually the cumulative traffic impacts caused by these land use change applications at build-out phase will impact our nearby State highway facilities, such as Kanoelehua Avenue, Highway Route #11. We suggest that the County: (a) shall review and monitor closely the increase of development, land use changes and subdivision of agricultural lots in the area; and (b) shall consider imposing a condition requiring applicants/developers for land use approvals to participate in cost sharing arrangements regarding necessary roadway mitigation measures on our State highway facilities PB~an~i~lg ~~Nl. Ex~ib9t l/ ~~~.~~~~ AUG 19 7008 may: ~i~4r2.'7 Mr. Christopher 7. Yuen, Director Page 2 HWY-PS 2.8925 If there are any questions, please contact Ken Tatsuguchi, Head Planning Engineer, Highways Division, at (808) 587-1830. Very truly yours, -~...~.. m~ ' BRE ON T. MORIOKA, Ph.D., P.E. Director of Transportation ~E~G6 ~sFp ~ ~,~ ? n 38 BRIAN T. NISHIMURA, PLANNING C13NSULTANT ;tJ~); ~ ~ ,- : , ~,-T,lT 101 Aupuni Street, Suite 217 ~-' ~ Ir1'v i'1j,' Hilo, Hawau 96720-4221 Phone: (808) 935-7692 Fax: (808) 935-6126 E-maiL• btnishi@hawaiiantel.net August 28, 2008 Mr. Christopher J. Yuen, Director County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 Subject: State Land Use Boundary Amendment (SLU 08-000020) Change of Zone Application {REZ 08-000081) Applicant: Sonomura Rentals, Inc. Request: Agriculture to Urban/A-3a to RA-.Sa TMK: (3) 2-2-48: 10 & 20 Deaz Mr. Yuen: This is in response to comments forwarded by your office from the Department of Transportation dated August 13, 2008, regarding the subject application. We are in agreement with comment no. 1 which indicates that the proposed subdivision of the subject property, "will not adversely impact our State highway facilities". With regard to comment no. 2, the applicant agrees that developers should participate in cost sharing arrangements to fund necessary improvements to mitigate impacts generated by their projects, however, any condition to impose such requirements must specify the mitigation measures that are necessary and the dollaz amount required from the applicant. Without these specifics, the applicant will not know what is being required and will not be able to determine whether the project is economically feasible. Should you have any questions regarding this matter, please do not hesitate to contact me. Sincerely, 'y, ~V.~--APO [~-, Brian T. Nishimura, Planning Consultant c. Mr. Brennon T. Morioka, Ph.D., P.E, Director of Transportafion ~~ly911~11"1~ 3~~i. Ex'~ib4fi f ~`°' s C~1Q~ SFP 2 ~(~ 1 n ,1~ BRIAN T. NISfIIMLJRA., PLANNING C(9NSULTANT -. , 101 Au w~i Street, Suite 217 ~ ~~ ~ ~ ~'I~ p ~~ i~ ~ ~ i ~ ~. tEN~ Hilo, Hawaii 96720-4221 ~' r yr Hr;',iVyl! Phone: (808) 935-7692 Fax: (808) 935-6126 E-mail: btnishi@hawaiiantel.net August 28, 2008 Mr. Christopher J. Yuen, Director County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 Subject: State Land Use Boundary Amendment (SLU 08-000020) Change of Zone Application (REZ 08-000081) Applicant: Sonomura Rentals, Inc. Request: Agriculture to Urban/A-3a to RA-.Sa TMK: (3) 2-2-48: 10 & 20 Deaz Mr. Yuen: This is in response to comments forwazded by your office from the Depatment of Public Works dated August 14, 2008, regazding the subject application. Please be advised that the applicant has indicated that they will comply with the recommendations proposed by the Department of Public Works. Should you have any questions regarding this matter, please do not hesitate to contact me. Sincerely, n Brian T. Nishimura, Planning Consultant a Mr. Kelly Gomes, Department of Public Works, Engineering Division >~~~1~, ~~a~~ ~.~a~~~»_. RSonoSLU.doc- 9/8/08 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION SONOMURA RENTALS, INC. STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 08-000171) Upon careful review of the request, the Planning Director is recommending that a favorable recommendation for the State Land Use Boundary Amendment be forwazded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. The favorable recommendation is based on the following findings: The approval of the reclassification from the State Land Use Agricultural to the Urban District for approximately 6.3 acres will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, the County General Plan and the Hawaii State Plan. Under the Land Use Commission Rules, one of the standazds for considering an azea for urban reclassification states that "In determining urban growth for the next ten yeazs, or in amending the boundary, land contiguous with existing urban areas shall be given more consideration than non-contiguous land, and particularly when indicated for future urban use on state or wunty general plans.," Although the property is not contiguous to Urban designated lands, the azea is designated Low Density Urban on the General Plan Land Use Pattern Allocation Guide Map and lies proximate to the Panaewa Houselots Subdivision immediately south of Makalika Street. This area was reclassified into the Urban District during the 1969 Boundary Review. Located near the project site is the Nani Mau Gardens botanical gardens and restaurant. The applicant's request to designate 6.3 acres into the Urban District reflects the infilling of Agricultural lands within this section of Hilo proximate to existing Urban-designated lands. The applicant requests a concurrent Change of Zone from A-3a to RA-.Sa. -1- The reclassification action conforms to the goals, objectives and/or policies articulated in the Hawaii State Plan by encouraging urban growth primazily to existing urban azeas where adequate public facilities are available. The reclassification action also conforms to the goals, policies and standards of, among others, the Land Use and Economic Elements of the General Plan. The LUPAG Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the vazious land uses and establishes the basic urban and non-urban form for areas within the County. The request conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map, which designates this azea as Low Density Urban. The Low Density Urban designation includes residential uses, with ancillary community and public uses and neighborhood and convenience-type commercial uses. The Urban classification conforms to the standard that the development is within reasonable proximity to centers of trading and employment and to basic services such as schools, police and fire protection, transportation systems and water. The property is situated within close proximity to shopping centers, protective services, essential utilities and services, and conforms to the Land Use Commission Rules which encourages urban developments in close proximity to existing developments, services and facilities. Access to the project area will be from Kaokoa Way, a private roadway off Awa Street. Access to the project site is from Awa Street, a County roadway with a 50-foot right-of--way, to Kaokoa Way, a private roadway with a 20-foot wide pavement and a 50-foot right-of--way. The Zone Map (Ordinance No. 187) identifies Awa Street as a collector of 60-foot width. The tentative approval for Subdivision No. 96-125 required a 5-foot wide future road widening. The Department of Public Works (DPW) recommends that the applicant provide improvements to the entire frontage along Awa Street consisting of, but not limited to, paved shoulder and Swale and any required utility relocation, meeting with the approval of the Department of Public Works. The DPW also recommends the applicant provide improvements to the existing 20-foot wide pavement within the 50-foot wide Kaokoa Place right-of--way consisting of, but not limited to, paved shoulders and swales, meeting with the requirements of a -2- dedicable street. County water is available to the site. The proposed lots will utilize individual wastewater treatment systems meeting with the approval of the Department of Health. There are no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U.S. Federal Emergency Management Agency designates the property as Zone "X", azeas outside of the 500-yeaz flood plain. The Waiakea Uka Flood Control Project is located on the property's northern boundary. The project was constructed to Federal Emergency Management Agency (FEMA) standazds to manage flood waters in the area. The property is located approximately four miles from the coastline. All project generated runoff will be disposed of on-site, so as not to impact surrounding properties. Thus, the reclassification meets with the standazd which states that the lands included within the urban district "....shall be those with satisfactory topography and drainage and reasonably free from the danger of floods, tsunami and unstable soil conditions and other adverse environmental effects." Urban Districts shall include lands characterized by "city-like" concentrations of people, structures, streets, urban level of services and other related land uses. Immediate surrounding properties are in the State Land Use Agricultural district, zoned A-l0a and A-3a and in residential or agricultural uses. Nani Mau Gardens is located southeast of the site on Makalika Street. The area south of Makalika Street was amended from the State Land Use Agricultural to the Urban District in 1965 (A65-107) for the development of the Panaewa Houselots subdivision during the 1969 Boundary Review. Thus, as urban uses already exist in the immediate area, the urbanization of the project site will not contribute towards scattered urban development. While the property is within the State Land Use Agricultural and County's Agricultural (A-3a) zoned district, it is not currently being used for active agricultural purposes. Except for an existing 51-yeaz old dwelling proposed to be demolished, the project site is vacant of all structures. Portions of the property have been planted in macadamia nut trees but have not been maintained. The remaining portion of the site was previously utilized as pasture. The property is classified as Other Important -3- Agricultural Land; land other than Prime or Unique Agricultural Land of statewide importance for the production of food, feed, fiber and forage crops, and the Land Study Bureau's Overall Master Productivity Rating designates the property as "E" or "Very Poor". Thus, the reclassification of this approximately six-acre area from the Agricultural to the Urban designation will not be detrimental to the reduction of this area from the agricultural land inventory in the County. From a land use perspective, it is a more feasible alternative to infill urban development within this particular area of Hilo. In doing so, it would alleviate the conversion of more productive agricultural lands in more appropriate locations for urban type uses. Furthermore, an Urban classification would complement the existing and future land use patterns of the surrounding properties in view of the urban uses already in existence proximate to the project area. Based on the above, the approval of the State Land Use Boundary Amendment from the Agricultural to the Urban District complements the State Land Use District Regulations and County General Plan and is supportive of the Hawaii State Plan. The accompanying draft bill to amend the State Land Use Boundaries Map is provided for your favorable consideration. -4- COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY OF HAWAII BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL TO THE URBAN DISTRICT AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-048:010 AND 120. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION I. The State Land Use Boundaries Maps for the County of Hawaii are amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waiakea, South Hilo, Hawaii, shall be Urban: LOT A: Beginning at the northeast comer of this parcel of land, being also the southeast comer of Waiakea Uka Flood Control and on the westerly side of Awa Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALM", being 14,839.05 feet South and 13,455.99 feet East, thence running by azimuths measured clockwise from true South: 1. 341° 00' 179.50 feet along Awa Street; 2. Thence along Ka`oko`a Place on a curve to the right with a radius of.30.00 feet, the chord azimuth and distance being: 26° 00' 42.43 feet; 3. 71 ° 00' 481.00 feet along Ka`oko`a Place; 4. Thence along same on a curve to the right with a radius of 13.00 feet, the chord azimuth and distance being: 116° 00' 18.39 feet; 5. 71° 00' 141.00 feet along Ka`oko`a Place and the remainder of Grant 13,034 to Isami Nagano and Kikue Tanoue Nagano (Lot 6-C); 6. 16 ] ° 00' 196.50 feet along the remainder of Grant 13,034 to Isami Nagano and Kikue Tanoue Nagano (Lot 6-C); 7. 251 ° 00' 665.00 feet along Waiakea iJka Flood Control to the point of beginning and containing an area of 3.151 Acres. LOT B Beginning at the southeast corner of this parcel of land, being also the northeast comer of Grant 13,035 to Martin John Branco (Lot 7-A) and on the westerly side of Awa Street, the coordinates of said point of beginning referred to Government Survey Triangulation "HALM", being 15,282.50 feet South and 13,608.69 feet East, thence running by azimuths measured clockwise from true South: 71 ° 00' 665.00 feet along Grant 13,035 to Martin John Branco (Lots 7-A, 7-B and 7-C); 2. 161 ° 00' 196.50 feet along the remainder of Grant 13,034 to Isami Nagano and Kikue Tanoue Nagano (Lot 6-D); 3. 251 ° 00' 141.00 feet along the remainder of Grant 13,034 to Isami Nagano and Kikue Tanoue Nagano (Lot 6-D) and Ka`oko`a Place; 4. Thence along Ka`oko`a Place on a curve to the right with a radius of 13.00 feet, the chord azimuth and distance being: 206° 00' 18.39 feet; 5. 251° 00' 481.00 feet along Ka`oko`a Place; 6. Thence along same on a curve to the right with a radius of 30.00 feet, the chord azimuth and distance being: 296° 00' 42.43 feet; 7. 341 ° 00' 179.50 feet along Awa Street to the point of beginning and containing an area of 3.151 Acres. -2- All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 3. This ordinance shall take effect upon its approval. INTRODUCED BY: Hilo, Hawaii COUNCIL MEMBER, COUNTY OF HAWAII Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -3- EXHIBIT "/~" (Sonomu2 Rentals, Inc..06-171) RSonoREZ.doc-9/9/08 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION SONOMURA RENTALS, INC. CHANGE OF ZONE APPLICATION (REZ OS-000081) 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 Duector reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant requests a change of zone from an Agricultural 3-acre (A-3a) to a Residential Agricultural - .Sa (RA-.Sa) zoned district to subdivide the 6.3-acre property into approximately 12 lots. The applicant has submitted a concurrent request for a State Land Use Boundary Amendment from an Agricultural to an Urban district. In order to consider an azea for any type of zoning designation, the applicable goals, policies and standazds of the General Plan must be. adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The Change of Zone request from A-3a to RA-.Sa 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 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 chazacter. The ALISH Map identifies the area as Other Important Agricultural Land; land other than Prime or Unique Agricultural Land of statewide importance for the production of food, feed, fiber and forage crops, and the Land Study Bureau's Productivity rating for the site is "E" or "Very Poor". The project site consists of two vacant pazcels, each approximately three acres in size. The vacant 51-yeaz old dwelling on proposed lot #2 (parcel 10) per the site plan will be demolished. Portions of the property have been planted in macadamia nut trees but have not been maintained. The remaining portion of the site was previously utilized as pasture. Immediate surrounding properties aze in the State Land Use Agricultural district, zoned A-l0a and A-3a and in residential or agricultural uses. Nani Mau Gazdens is located southeast of the site on Makalika Street. The Waiakea Uka Flood Control Project is located on the property's northern boundary. The project was constructed to the Federal Emergency Management Agency's (FEMA) standards to manage flood waters in the area. TMK: 2-2-056:023 located south of the project site, approximately 400 feet north of the Mamaki Street-Awa Street intersection, was redesignated from the State Land Agricultural to the Urban District and A-3a to 1tA- .Saunder Ordinance No. 07 39 on Apri14, 2007. The proposed change of zone would complement the existing land uses in this area and will provide for an orderly development of the area. Should this request be approved, the applicant may apply for an Ohana Dwelling Permit, allowing the construction of a second dwelling unit as a sepazate or attached unit -2- on each parcel. An additional dwelling may be constructed on each lot, doubling the existing density of the area. The potential to allow additional dwellings may contribute to a cumulative burden on the existing infrastructure which cannot be supported. The Planning Director supports this rezoning request; however, 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. All utilities and services are available to the site. County water is available to the site. The proposed lots will utilize individual wastewater treatment systems meeting with the approval of the Department of Health. Solid waste will be disposed of at appropriate sites designated by the Department of Environmental Management. Electricity and telephone services aze available to the site. All essential utilities are available to the project site. Emergency services are available from the Kawailani Fire Station and Police Department in Hilo. Access to the project site is from Awa Street, a County roadway with a 50-foot right-of--way, to Kaokoa Way, a private roadway with a 20-foot wide pavement and a 50-foot right-of--way. The Zone Map (Ordinance No. 187) identifies Awa Street as a collector of 60-foot width. The tentative approval for Subdivision No. 96-125 required a 5-foot wide future road widening. The Department of Public Works (DPW) recommends that the applicant provide improvements to the entire frontage along Awa Street consisting of, but not limited to, paved shoulder and Swale and any required utility relocation, meeting with the approval of the Department of Public Works. The DPW also recommends the applicant provide improvements to the existing 20-foot wide pavement within the 50-foot wide Kaokoa Place right-of--way consisting of, but not limited to, paved shoulders and swales, meeting with the requirements of a dedicable street. 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", areas 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 1957, thus no formal azchaeological study was conducted. By letter dated December 14, 2007, the -3- applicant has requested a "no effect" letter from the Department of Land and Natural Resources Historic Preservation Division (DLNR-HPD). By letter dated July 25, 2008, the DLNR-HPD responded that no historic properties will be affected by this undertaking as residential development/wbanization and previous grubbing/grading has altered the land. No professional flora or fauna surveys were conducted of the site, as the property is developed with asingle-family dwelling. The property is located in an urban setting in an azea dominated by single-family residential uses as well as some agricultural uses. Given the wban nature of the surrounding area, the presence of any endangered species 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 fow miles from the shoreline and will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access to the shoreline or mountain azeas that traverses the property. According to the applicants, no valued cultural, historical or natural resources exist on the property and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultwal or historical resources in the area. Therefore, no action is necessary to protect these rights. Based on the above findings, approval of this change of zone request from an Agricultural 3-acre (A-3a) to a Residential and Agricultural -.5 acre (RA-.Sa) zoned district would result in an appropriate land use pattern that will further benefit the 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. -4- COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), , ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - 3 ACRES (A-3a) TO RESIDENTIAL AND AGRICULTURAL - .5 ACRE (RA-.Sa) AT WAIAKEA, SOUTH H1L0, HAWAII, COVERED BY TAX MAP KEY 2-2- 048:010 AND 120. 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), are amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waiakea, South Hilo, Hawaii, shall be Residential and Agricultural - .5 acre (RA-.Sa): LOT A: Beginning at the northeast corner of this parcel of land, being also the southeast comer of Waiakea Uka Flood Control and on the westerly side of Awa Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALM", being 14,839.05 feet South and 13,455.99 feet East, thence running by azimuths measured clockwise from true South: 341 ° 00' 179.50 feet along Awa Street; 2. Thence along Ka`oko`a Place on a curve to the right with a radius of 30.00 feet, the chord azimuth and distance being: 26° 00' 42.43 feet; 71° 00' 481.00 feet along Ka`oko`a Place; 4. Thence along same on a curve to the right with a radius of 13.00 feet, the chord azimuth and distance being: 116° 00' 18.39 feet; 5. 71° 00' 141.00 feet along Ka`oko`a Place and the remainder of Grant 13,034 to Isami Nagano and Kikue Tanoue Nagano (Lot 6-C); 6. 161° 00' 196.50 feet along the remainder of Grant 13,034 to Isami Nagano and Kikue Tanoue Nagano (Lot 6-C); 7. 251 ° 00' 665.00 feet along Waiakea Uka Flood Control to the paint of beginning and containing an area of 3.151 Acres. LOT B Beginning at the southeast corner of this parcel of land, being.also the northeast corner of Grant 13,035 to Martin John Branco (Lot 7-A) and on the westerly side of Awa Street, the coordinates of said point.of beginning referred to Government Survey Triangulation "HALM", being 15,282.50 feet South and 13;608.69 feet East, thence running by azimuths measured clockwise from true South: 71° 00' 665.00 feet along Grant 13,035 to Martin John Branco (Lots 7-A, 7-B and 7-C); 2. 161 ° 00' 196.50 feet along the remainder of Grant 13,034 to Isami Nagano and Kikue Tanoue Nagano (Lot 6-D); 3. 251 ° 00' 141.00 feet along the remainder of Grant 13,034 to Isami Nagano and Kikue Tanoue Nagano (Lot 6-D) and Ka`oko`a Place; 4. Thence along Ka`oko`a Place on a curve to the right with a radius of 13.00 feet, the chord azimuth and distance being: 206° 00' 18.39 feet; 5. 251° 00' 481.00 feet along Ka`oko`a Place; -2- 6. Thence along same on a curve to the right with a radius of 30.00 feet, the chord azimuth and distance being: 296° 00' 42.43 feet; 7. 341 ° 00' 179.50 feet along Awa Street, to the point of beginning and containing an area of 3.151 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which maybe adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. 3- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawai `i Date of Introduction: Date of I st Reading: Date of 2nd Reading: Effective Date: -4- EXHIBIT "/~" (SOnomura Rentals, Inc.:1248) C3onoREZdoa-9/9/08 SONOMURA RENTALS, INC. CHANGE OF ZONE APPLICATION (REZ 08-000081) CONDTI'IONS OF APPROVAL A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Condition C of Ordinance No. 96 73 which requires all uses established on the lots to be in conformance with the statutory requirements of Chapter 205, Hawaii Revised Statutes (State Land Use Law) and Chapter 25, Hawaii County Code (Zoning Code) shall not be applicable to TMK: 2-2-48: 10 and 120 upon the effective date of this ordinance. C. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within 180 days from the effective date of this ordinance. D. Final Subdivision Approval shall be secured within five (5) years from the effective date of this ordinance. E. Provide a 5-foot wide future road widening setback along Awa Street, as required under Subdivision No. 06-000125. F. Provide improvements to the entire frontage of Awa Street consisting of, but not limited to, paced shoulder and swale and any required utility location, meeting with the approval of the Department of Public,Works. G. Provide improvements to the existing 20-foot wide pavement within the 50-foot wide Kaokoa Place right-of--way consisting of,.but not limited to, paned shoulders and swales, meeting the requirements of a dedicable street. H. All driveway connections to Awa Street shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. I. Install streetlights and traffic control devices as may be required by the Traffic Division, Department of Public Works. The applicant shall be responsible for the design, purchase, and installation of such devices. 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. K. All development-generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. L. A drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works prior to the submittal of plans for subdivision review. Any drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to the issuance of Final Subdivision Approval. M. 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. IV. The method of sewage disposal shall meet with the requirements of the State Department of Health. O. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate azea shall cease and the Department of Land and Natural Resources - State Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an azchaeological cleazance from DLNR- HPD when it finds that sufficient mitigation measures have been taken. P. The applicant(s) shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to pazks 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 -z- 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 maybe 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 $11,506.13 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. $5,548.46 per single family residential unit) to the County to support pazk and recreational improvements and facilities; 2. $267.66 per single family residential unit) to the County to support police facilities; 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 appro4al of the County Council. Q. To ensure that the goals and policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and -3- Community Development prior to Final Subdivision Approval. R. 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. S. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. T. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: The non-performance is the result of conditions that could not have been foreseen or aze 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. 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 yeaz). 5. If the applicant 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. 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- RSonoREZ.doc• 12/1/08 COUNTY OF HAWAII PLANNING DEPARTMENT REVISED RECOMMENDATION SONOMURA RENTALS, INC. CHANGE OF ZONE APPLICATION (REZ 08-0000811 Upon careful review of the request against the guidelines for granting a change of zone, the Planning Duector 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 applicant requests a change of zone from an Agricultural 3-acre (A-3a) to a Residential Agricultural - .Sa (RA-.Sa) zoned district to subdivide the 6.3-acre property into approximately 121ots. The applicant has submitted a concurrent request for a State Land Use Boundary Amendment from an Agricultural to an Urban district. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the Genei gl 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-3a to RA-.Sa 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 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 ALISH Map identifies the area as Other Important Agricultural Land; land other than Prime or Unique Agricultural Land of statewide importance for the production of food, feed, fiber and forage crops, and the Land Study Bureau's Productivity rating for the site is "E" or "Very Poor".-The project site consists of two vacant parcels, each approximately three acres in size. The vacant 51-year old dwelling on proposed lot #2 (parcel 10) per the site plan will be demolished. Portions of the property have been planted in macadamia nut trees but have not been maintained. The remaining portion of the site was previously utilized as pasture. Immediate surrounding properties are in the State Land Use Agricultural district, zoned A-l0a and A-3a and in residential or agricultural uses. Nani Mau Gardens is located southeast of the site on Makalika Street. The Waiakea Uka Flood Control Project is located on the property's northern boundary. The project was constructed to the Federal Emergency Management Agency's (FEMA) standards to manage flood waters in the area. TMK: 2-2-056:023 located south of the project site, approximately 400 feet north of the Mamaki Street-Awa Street intersection, was redesignated from the State Land Agricultural to the Urban District and A-3a to RA- Saunder Ordinance No. 07 39 on April 4, 2007. The proposed change of zone would complement the existing land uses in this area and will provide for an orderly development of the area. Should this request be approved, the applicant may apply for an Ohara Dwelling Permit, allowing the constriction of a second dwelling unit as a separate or attached unit -~- ~! on each pazcel. An additional dwelling may be constructed on each lot, doubling the existing density of the area. The potential to allow additional dwellings may contribute to a cumulative burden on the existing infrastructure which cannot be supported. The Planning Director supports this rezoning request; however, 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. All utilities and services are available to the site. County water is available to the site. The proposed lots will utilize individual wastewater treatment systems meeting with the approval of the Department of Health. Solid waste will be disposed of at appropriate sites designated by the Department of Environmental Management. Electricity and telephone services are available to the site. All essential utilities are available to the project site. Emergency services are available from the Kawailani Fire Station and Police Department in Hilo. Access to the project site is from Awa Street, a County roadway with a 50-foot right-of--way, to Kaokoa Way, a private roadway with a 20-foot wide pavement and a 50-foot right-of--way. The Zone Map (Ordinance No. 187) identifies Awa Street as a collector of 60-foot width. The tentative approval for Subdivision No. 96-125 required a 5-foot wide future road widening. The Departmern of Public Works (DPW) recommends that the applicant provide improvements to the entire frontage along Awa Street consisting of, but not limited to, paved shoulder and swale and any rlequired utility relocation, meeting with the approval of the Department of Public Works. The DPW also recommends the applicant provide improvements to the existing 20-foot wide pavement within the 50-foot wide Kaokoa Place right-of--way consisting of, but not limited to, paved shoulders and swales, meeting with the requirements of a dedicable street. 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", areas determined to be outside the 500-yeaz floodplain. All development generated storm run-off shall be disposed of on-site and not allowed onto adjacent properties or roadways. The property has been developed for single-family residential use since 1957, thus no formal archaeological study was conducted. By letter dated December 14, 2007, the -3- applicant has requested.a "no effect" letter from the Department of Land and Natural Resources Historic Preservation Division (DLNR-HPD). By letter dated July 25, 2008, the DLNR-HPD responded that no historic properties will be affected by this undertaking as residential development/urbanization and previousgrubbing/grading has altered the land. No professional flora or fauna surveys were conducted of the site, as the property is developed with asingle-family dwelling. The property is located in an urban setting in an area dominated by single-family residential uses as well as some agricultural uses. Given the urban nature of the surrounding azea, the presence of any endangered species 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 four miles from the shoreline and will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access to the shoreline or mountain azeas that traverses the property. According to the applicants, no valued cultural, historical or natural resources exist on the property and there is no evidence of any traditional and 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 actio~u~is necessary to protect these rights. The Hawaii Ri ht to Farm Act HRS Cha ter 165 was enacted to rotect farmin operations on land in the State Land Use Agricultural District when adjacent land is reclassified out of the Agricultural District A condition of approval will be added to require the applicant to noti prospective landowners tenants or lessees of the Hawaii Right to Farm Act. In addition a condition will be included to prohibit any action that would interfere with farming operations on adjacent or Conti ous properties provided operations are conducted with eenerally accepted agricultural and mana ement practices Based on the above findings, approval of this change of zone request from an Agricultural 3-acre (A-3a) to a Residential and Agricultural -.5 acre (RA-.Sa) zoned -4- 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. -5- tznios SONOMURA RENTALS, INC. Change of Zone Application (REZ OS-000081) TMK: 2-2-48: 10 and 120 Proposed new Conditions D and E, with renumbering of subsequent conditions: "D. The Applicant shall notify prospective purchasers tenants or lessees of all lots that farming operations and practices on adjacent or contiguous land in the State Land Use Aericultural District are protected under Hawaii Revised Statutes Chapter 165. the Hawaii Right to Farm Act This notice shall be included in anv disclosure required for the sale or transfer of all of the proposed lots " "E. Anv action that would interfere with or restrain farming operations on adjacent or continuous properties shall be prohibited under Hawaii Revised Statutes Chapter 165_ the Hawaii Right to Farm Act provided the farmine operations are conducted in a manner consistent with en rall acce ted a 'cultural and management practices on adiacent or contiguous lands in the A~Itural District." 1~ p:\wpwin601pc~2008 applicationslCSonommanewcondDE.doc