Loading...
HomeMy WebLinkAboutCOM 0097.000 2008-2010V1'illiam P. Kenoi A4ayor County of Hawaii 891 Ululani S[reet Hilo, Hawaii 96720-3982 (808) 961-8211 Fax (808) 961 fi553 KONA: 76-5706 Kuakini Highway, 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 Hawaii 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: Sononmu-a Rentals, hne. Tax Map Key: 2-2-48:10 and 120 Planning Director Initiated Annendments to Chapter 23 and 25 Regarding Public Purpose Subdivisions /Change of Zone Application (REZ 08-000084) y Applicant: Melody Parong Request: SRS-20 to RS-15 Tax Map I~ey: 1-7-16:28 William T. Takaba Managing Direclor Wally Lau Deputy Managing Direclor ~~ ~ ~a n W 0 a b C,w b As required by Chapter 4, Sea 6-4.3(C), Hawaii County Charter, transnnitted 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 cc: Planning Depu-tment ~ 7 \ C.amm. No. <~~ I 1 ~,' ~ I Coun[y of Hawaii is an Equal Opportunity Provider and Employe[ ~R6f• TOt Ref. Date JAN 16 2009 County of Hawaii PLANNING COMMISSION Aupuni Ccnfcr • 101 Nauahi SVect. Suile 3 • Hilo. Hawai `i 96720 Phone (808) 961-8288 • Fax (808) 961-8742 IDEC 2 3 2000 The Honorable J Yoshimoto, Chairman and Members of the County Council County of Hawaii 333 Kilauea Avenue, 2nd Floor Hilo, HI 96720 Dear Chairman Yoshimoto and Council Members: Change of Zone Application (REZ 08-000084) Applicant: Melody Parong Request: RS-20 to RS-15 Tax Map Key: I-7-16:28 '~ OEC 30 A9.39 a.7~.dd The Planning Commission, after a duly held public hearing on December 5, 2008, voted to recommend for your approval the proposed legislative bill for a change of zone from Single Family Residential - 20,000 square feet (RS-20) to Single Family Residential - 15,000 square feet (RS-15) for approximately 35,850 square feet of land. The property is located approximately 200 feet east of Highway 11 (Volcano Highway) in the vicinity of the Highway 11 - Kuaaina Road intersection, Keaau, Puna, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The applicant requests a change of zone from Single-Family Residential 20,000 square feet (RS-20) to Single-Family Residential 15,000 square feet (RS-15) to allow the subdivision of the property into two lots, one lot approximately 18,770 square feet in size (Lot 12-A), and the other (Lot 12-B) approximately 17,080 square feet in size. The property is co-owned by the applicant, her husband and the applicant's parents. As part of estate planning, the applicant requests the rezoning to subdivide the property should there be any issues as to ownership after the parents' passing. The applicant proposes to convert the two existing dwellings on proposed Lot 12-A into a single family dwelling Hawai Y County is mi Egual Opportunity Provider and Ernp(oyer J Yoshimoto, Chairman and Members of the County Council Page 2 unit by connecting the two structures and removing the kitchen in one of the two dwellings. 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 requested change of zone conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The property is designated Low Density Urban, which reflects uses that are single-family residential in character. The Change of Zone request from RS-20 to RS-15 conforms to the goals, policies and standards of the General Plan Economic and Land Use Elements. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land Use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The proposed Change of Zone will conform to, among others, the goals, policies and standards of the Land Use and Housing Elements of the General Plan. J Yoshimoto, Chairman and Members of the County Council Page 3 The property is located in the Olaa Houselots Subdivision and is approximately 35,850 square feet in size. There are two existing dwellings, storage sheds, and an aviary on the parcel. Adjacent properties to the north and south/southwest are zoned RS-20, and properties to the east/southeast are zoned A-la. The State Land Use designation for the subject property is Urban. Therefore, the proposed change of zone would complement the existing land uses in this area and will provide for an orderly development of the area. The Planning Director supports this rezoning request to allow atwo-lot subdivision with one home on each lot Therefore, a condition will be included in the change of zone ordinance to prohibit a second dwelling (ohana) unit and a condominium property regime on each lot. The applicant will also be required to convert the two existing dwellings on proposed Lot 12-A into a single unit. As a result, the rezoning will not increase the potential number of houses but provides the owners the option of subdividing into two lots. All utilities and services are available to the site. County water. is available to the site. There is a septic tank and a cesspool on the site. Electricity and telephone services are available to the property. Police and fire stations are located in Keaau. Access to the site is from Volcano Road to TMK: 1-7-16: 50, an approximately .23-acre roadway lot. The applicant has provided documentation in the form of a quitclaim deed allowing use of the parcel for roadway access and utility purposes. The Department of Public Works (DPW) provided no comment with respect to the use of the roadway lot for access purposes. Access to the property shall meet with the requirements of the Department of Transportation. 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 in 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. J Yoshimoto, Chairman and Members of the County Council Page 4 As the property is improved, no professional surveys were conducted of the site. The applicant states that there are no known endangered species on the parcel. The property is improved with two dwellings, sheds, aviary and landscaping. No professional archaeological survey or cultural assessments were conducted of the property. According to the applicant, Che parcel is not listed on either the National or State Register of Historic Places, and there are no known archaeological, cultural or historic sites on the property. In a letter dated June 3, 2008, the Department of Land and Natural Resources Historic Preservation Division (DLNR-HPD) has stated that "rezoning of the property will not result in any additional impacts to historic properties, if they exist on the property." The DLNR-HPD has also indicated that "residential development/urbanization and previous grubbing/grading has altered the land; no historic properties will be affected by this project." 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 approximately six 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 applicant, 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. Based on the above, the approval of this change of zone request from Single- Family Residential - 20,000 square feet (RS-20) to Singte-Family Residential 15,000 - square feet (RS-15) would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. For your favorable consideration, an amendment to Section 25-8-24 (Kurtistow^ Zone Map), of the County Zoning Code is transmitted. J Yoshimoto, Chairman and Members of the County Council Page 5 We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, d ~~ ~^7GGZy Gw a ,L~L "'~'' Rodney Watanabe, Chairman Planning Commission Lparongrez08-000084PC02 Enclosures cc: Ms. Melody Parong All Aina Services Department of Public Works Department of Water Supply Department of Land & Natural Resources-HPD DOT-Highways, Honolulu Lincoln Ashida, Esq., Corporation Counsel BParongRPZ.doc - I I/21/08 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT MELODY PA120NG CHANGE OF ZONE APPLICATION fREZ OS-000084) MELODY PARONG has submitted an application for a Change of Zone from Single- Family Residentia120,000 square feet (RS-20) to Single-Family Residential 15,000 squaze feet (R5-15) for approximately 35,850 squaze feet of land. The property is located approximately 200 feet east of Highway 11 (Volcano Road) in the vicinity of the Highway 11- Kuaaina Road intersection, Keaau, Puna, Hawaii, TMK: 1-7-016:028. PROPOSED ACTION 1. Request: Change of Zone from Single-Family Residentia120,000 square feet (RS-20) to Single-Family Residential 15,000 square feet (RS-15). The request, if approved, would allow the subdivision of the property into two lots, one lot approximately 18,770 square feet in size (Lot 12-A), and the other (Lot 12-B) approximately 17,080 square feet in size. The property is co-owned by the applicant, her husband, and the applicant's pazents. As part of estate planning, the applicant requests-the rezoning to subdivide the property should there be any issues as to ownership after the parents' passing. The applicant proposes to convert the two existing dwellings on proposed Lot 12-A into a single family dwelling unit by connecting the two structures and removing the kitchen in one of the two dwellings. (Planning Department Exhibit 1-Change of Zone Application) 2. Landowners: Franklin and Winona Amazal; Melody and Percival Pazong. STATE AND COUNTY PLANS 3. State Land Use Designation: Urban. 4. County Zoning: RS-15. 5. GP LUPAG Map: Low Density Urban. 6. Puna Community Development Plan: The Puna CDP adopted by Ordinance No. 08 116 on September 10, 2008 does not specifically address this particular type of rezoning with respect to this azea of Puna. Coastal Zone Management, Chapter 205A, HRS: The entire State of Hawaii lies i -1- ATTACH: Cmcn„ 97 Bill 21 within the Coastal Zone Management Area. 8. Special Management Area (SMA): The SMA is a part of the Coastal Zone Management Program and regulated by the County. The property is not proximate to the shoreline and not situated within the Special Management Area. DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA 9. Subject Property: The property is located in the Olaa Houselots Subdivision and is approximately 35,850 square feet in size. There are two existing dwellings, storage sheds, and an aviary on the pazcel. According to Real Property Tax records, one dwelling was constructed in 1949, the other, in 2006. 10. Surrounding Zoning and Land Uses: Adjacent properties to the north and south/southwest are zoned RS-20, and properties to the east/southeast are zoned A-la. Parcels surrounding the property are vacant or in residential uses. 11. U.S.D:A. Soil Type: OAC, Olaa silty clay loam, 0 to 10 percent slopes. The surface layer is very dark brown extremely stony silty clay loam about 16 inches thick. Permeability is rapid, runoff is slow, and the erosion hazard is slight. 12. ALISH: Unclassified. i'>_ 13. Land Study Bureau's Productivity Rating: Unclassified. ~_ 14. FII2M: Zone "X", an area outside of the 500-yeaz flood plain. 15. Flara/Fauna: As the property is improved, no professional surveys were conducted of the site. The applicant states that there are no known endangered species on the pazcel. The property is improved with two dwellings-and landscaping. 16. Archaeological/Cultural/Historical Resources: No professional archaeological survey or cultural assessments were conducted of the property. According to the applicants, the parcel is not listed on either the National or State Register of Historic Places, and there are no known archaeological, cultural or historic sites on the property.. In a letter dated June 3, 2008, the Department of Land and Natural Resources Historic Preservation Division (DLNR-HPD) has stated that "rezoning of the property will not result in any additional impacts to historic properties, if they exist on the property." In a letter dated Octoberl4, 2008, the DLNR-HPD has stated that "residential development/urbanization has altered the land; previous grubbing/grading has altered the land." -2- is 17. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the property. PUBLIC UTILITIES AND SERVICES 18. Access: Access to the site is from Highway 11 to TMK: 1-7-16: 50, an approximately 23-acre roadway lot. Highway 11 is under the jurisdiction of the State Department of Transportation. The applicant has provided documentation in the form of a quitclaim deed allowing use of Pazce150 for roadway access and utility purposes. The Department of Public Works (DPW) provided no comment with respect to. the use of the roadway lot for access purposes. 19. Water: County water is available to the site from an existing 8-inch waterline within Highway 11, approximately 240 feet from the property. According to the Department of Water Supply, the parcel is currently served by an existing 5/8-inch meter, which is limited to a maximum of 600 gallons per day and suitable for only one single-family dwelling. In order to obtain water for the additional lot, the applicant is required to pay a water commitment deposit. r -- 20. Wastewater: The parcel has a septic tank as well as a cesspool. `~ 21. Solid Waste: Solid waste is disposed of at the Keaau Transfer Station. 22. Essential Utilities and Services: Electricity and telephone services are available to the site. Police and fire facilities aze located in Keaau. AGENCIES' COMMENTS 23. Department of Public Works: (P.D. Exhibit 2 -October 22, 2008 memo) 24. Department of Water Supply: (P.D. Exhibit 3 -October 28, 2008 memo) 25. Police Department: (P.D. Exhibit 4 -October 9, 2008 memo) 26. Fire Department: (P.D. Exhibit 5 -October 8, 2008 memo) 27. Department of Environmental Management: (P.D. Exhibit 6 -September 29, 2008 memo) 28. Office of Housing and Community Development: (P.D. Exhibit 7 -October 1, 2008 memo) 29. DLNR Historic Preservation Division: (P.D. Exhibit 8 -October 14, 2008 letter) 30. DLNR Land Division: (P.D. Exhibit 9 -October 3, 20081etter) -3- 3 L ~partment of Health: (P.D. Exhibit 10 -October 6, 2008 memo) 32. Department of Transportation: (P.D. Exhibit 11 -November 3, 2008 letter) AGENCIES - NO RESPONSE 33. Natural Resources Conservation Service PUBLIC COMMENTS 34. None as of this writing. -4- '~~ C J 5 !5 r. j'_ ~._ -::. h Ji'~~I 1 L.i 1 i a~ CIiAlaIC~ ®F Z® APPI.FCATI~Ioi Applicant: All Aina Services for Melody Parong TMK: (3) 1-7-016:028 September 5, 2008 f Request: Change of Zone from RS 20 to RS 15 l( Planning Dept. Exhibit ~ TABLE OF CONTENTS Change of Zone Application ......................................................................... Authorization Letter ................................................................................... Application For Change of Zone Attachment ...................................................... Project Description .................................................................................... Conformance with State/County Plan ............................................................... Physical Characteristics and Environmental Setting of the Property ........................... Public Facilities and Services ........................................................................ Environmental Assessment and Analysis ........................................................... Regional, Pazcel and Subdivision Maps ............................................................ Easement for Roadway ................................................................................ Notification to Neighbors Letter ..................................................................... List of Neighbors within 500 feet .................................................................... Proof of Mailing ........................................................................................ Flood Zone Determination ............................................................................ Real Property Tax Clearance ......................................................................... Department of Land and Natural Resources and Response ...................................... Property Photos ......................................................................................... C (~~ ®I+ Z®l~E AP~L~~~TION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Melody Paron~ APPLICANT'S s/7/og~ ADDRESS: P O Box 174 Keaa» HI 96749 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS:, PHONE:(Bus.) 969-1671 (Res.) 934-7316 (Fax) LANDOWNER(S): Franklin & Winona Am Percival Melod P n s LANDOWNER SIGNATURE(S): ~~ ~ t%Nr4[. DATE: ~ ~ o (Mar be letter) ~~ LANDOWNER(S) ADDRESS: P O Box 174 Keaau, 96749 REQUEST: RS-20 TO RS-15 (Existing ~~g) (Proposed Zoning) TAX MAP KEY: (311-7-016.028 STREET ADDRESS OF PROPERTY: 17-257 Volcano Rd_ Keaau. HI 96749 SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 35 850 so ft AGENT: All Aina Services ADDRESS: P O Box 291 La~ahoehoe Hi 96749 TELEPHONE:(Bus.) 969-3882 (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent ORIGINAL: Owner COPIES: Agent County of Hawaii Dept. of Public Works Building Division 101 Pauahi Street Suite 7 Hilo, HI 96720 Apri129, 2008 To Whom It May Concern: TMK: (3) 1-7-016:028 Melody Pazong & Percival Pazong have retained the services of All Aina Services to act on our behalf for an application for an parcel rezoning. Any and all questions regarding the application may be forwarded iu them. We have authorized their agents to act on our behalf concerning any inquiries that Wray arise. All Aina Services P.O. Box 291 Laupahoehoe, Hi 96764 (808) 969-3882 ~~~~ Melody Parong P~iv azong~ .-.. ~; , ., ATTACHMENT Residential Rezoning PLANNING DEPARTMENT CODNTY 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? ~S if yes, please answer the rest of question 1 and then to question 3. a• How many acres of the requested area do you intend to subdivide? 35,850 b. Into what lot sizes? 15,000 c_ if your request is approved, approximately how long /i after the date of approval do you expect to submit `,. your subdivision plans to the Planning Department for preliminary approval? 30 days 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? Aouse 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 subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm no plans - b. Sell or lease the. land to someone who has tentative no plans? - ~• Se11 or lease the land to someone who has no plans? no d. Keep it? e. other (please state) Y~ 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 Yoa think that your request and your further plans ~/ for the land will alleviate the local housing situation? NO How? The request rezoned parcel(s) will remain family land 9, Are there any buildings on the subject area? YES If so, what kind?. There is an older home and an a ved "Ghana Dcrelhng" what do you intend to do with those buildings if your request is approved? The owners of the subject parcel intend to meet the conditions ofthe rezoning and subse4uert subdivision by adjoining the original & ohaaa dwellings with a coveted walkway. Pla®ed also u the removal of the kitchen of the original dwelling to create one single fawly residence. /j 1 -2- 5• Is the subject land currently being used for any agricultural activity? NO If so, please list the kinds of products grown and on how many square feet or acres of land pex product. 6• To your knowledge, has there been any flooding and/or drainage problem on the subject area? NO If so, please describe the problem. ~• Do you think that the roads leading to the subject area needs improvement? NO If so, what kind? Is the road adequate for the proposed traffic volume or load? ~ 8• What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? a. Schools b. Roads c. Sewer d. Drainage e, police Protection X -3- X X X X Yes f. Fire Protection q, Recreational Facilities h. Public Utilities rIn X X X ~, other For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. Signature: ~ "/fr Address: ~ S ~ N.•/a , H%• Telephone: ~ 3 `f -7 3 ~,6 Date: ~~/.~~08 6337A/SOA -9- P.D. 5/89 A.. SUBJECT REQUEST 1. Details of Proposed Use/Development a Project Description The applicant, Melody Pazong, would like to change the zoning on the 35,850 sq ft parcel. The current zoning is RS-20 and the proposed zoning is RS-15. The parcel was once owned by the applicant's grandmother, I.melia Victorino. She came to live with Melody and her family in 1984 and they continued to caze for her until her death in 2004. Upon her death, ownership of the property was transferred to Melody's mother and her mother's sister. Because of the gratitude her aunt felt for the care of her grandmother for all those years, she gave Melody her half of the property. The property is now co-owned between Melody's parents and Melody and her husband. They are trying to get the property rewned so that it can be subdivided. b. Statement of objectives and reasons for the request: They would like to have it subdivided for the following reasons: Since she already owns half of the property, she would like her share to be sepazate from her parents' share, so that later in life when they have passed on, there will be no question with her siblings. over ownership of the property. Melody may build a home on the property in the firture as her parents get older and require more assistance. She would be closer to care for them just as she did for her grandmother. (~ c. Number ofacres/square feet: Y 35,850 sq ft B. .CONFORMANCE WITH STATE/COIINTY PLAN 2. State Land Use Designation Urban 3. How the proposed use is not contrary to Chapter 205A, Coastal Zone Management (existing public access, scenic or open space resources, coastal view planes, and coastal ecosystems): The subject parcel is not located within the Coastal Zone Management Area, and is therefore not contrary to HRS Chapter 205A. There are no existing public access routes within the parcel. As the property is located approximately six miles from the coastline, there are no impediments to coastal view planes and coastal ecosystems. The parcel is located in a residential neighborhood, so does not impact any scenic or open spaces. 4. Applicable goals/policies and objectives of the General Plan: In the Introduction to the General Plan it states "The purpose of the General Plan is to identify the visions, values and priorities important to the people of this County". The proposed change of zone would allow the applicant to share the vision of her aunt's gift of property. 5. Cenetafl 1?lan L~esig'2ation (LUPACB Map): Low Dealsity Urban 6. Zoning:IZS-20 7. Community Development Plan: In the Puna Community Development Plan, both Keaau and Pahoa are considered "town centers", rather than the smaller `pillage centers"."Town centers are the model on which Puna's future land use pattern will be based, redirecting Puna's extensive subdivisions from their present course of sprawl development " By subdividing the subj ect parcel, the applicant will own a lot in an akeady-established Keaau residential neighborhood, rather than a lot in a sprawling subdivision. Also in the Puna Community Development Plan is a proposal to limit parcels less than five acres from subdividing. Planning Director Chris Yuen wrote in his recommendations on the PCDC "This would make it impossible in many cases for subdivisions to allow conveyances to family members, which may be the hope and expectation of many property owners." (Hawaii Tribune-Herald, May 13, 2008). 8. Special Management Area: The subject pazcel is not located in a Special Management Area. C. PHYSICAL CHARACTERISTICS AND ENVHtONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA Physical Characteristics/Errvironmental Setting: 9. Description of subject property, location, climate, topography, slope, soils (including size, shape, existing structures): The subject property consists of 35,850 sq ft in Keaau, on the Big Island of Hawaii. The parcel is approximately 6 miles from the shoreline. The average high temperature ranges from 79 to 83 degrees. The average low temperature ranges from 63 to 69 degrees. The average precipitation ranges from 7 to 14 inches per month. The slope of the property is fairly flat and the soil is rocky. There are two permitted homes on the front half of the pazcel and a small storage shed. At the back of the parcel is a small storage shed and a pigeon coop. The main residence is L-shaped, 640 sq ft with a garage. The ohana is also L-shaped, 1704 sq ft with a garage. 9-A. The owners of the subject parcel intend to meet the conditions of the rezoning and subsequent subdivision by adjoining the original & ohana dwellings with a covered walkway. Planned also is the removal of the kitchen of the original dwelling to create one single family residence. 10. Lava Hazazd Zone: Zone 3 11. Distance from coastline: Approximately 6 miles. 12. Agricultural Lands of Importance in the State of Hawaii (ALISH) designation: There is no ALISH designation for the subject parcel. ~ ' , 13. USDA Natural Resources Conservation Services Soil Service Report soil type: Oac-Olaa. Silty clay loam, 6 to 12 percent slopes. Very rocky soil formed on a young a'a lava flow. 14. Land Study Bureau soil rating: Most of the property is rated N, not classified. A small comer is rated D, with A being the highest agricultural use and E the lowest. 15. Flood Insurance Rate Map (FIRM) designation: FIRM designation X 16. Existing drainage ways or improvements: There aze no known existing drainage ways or improvements existing on the subject pazcel. 17. Air/noiselwater quality: Existing air quality on the property is good Present air quality is mostly affected by natural particulate sources such aspollen-pnmducing plants and dust from natural or vehicular sources. Of these natural sources of pollution, the emissions from Kilauea Volcano aze the most significant when these emissions are blown northwest due to occasional southerly winds. Noise levels on the subject parcel aze typical of a small town residential district (bazling dogs, weed whackers, lawn mowers etc.). The water on the ~~ property is supplied by the county and is regulated by the Safe Drinking Water Branch - and County of Hawaii standards. According to the County of Aawaii Department of Water Supply, the current source of water for Keaau area is Olaa Well #3. Each yeaz the department publishes an annual water quality report. The 2007 report met all safe drinking water standards. Historic Resources: 18. Existing archaeological, cultural, or historic sites on National Register or Hawaii Register: The parcel is not listed on either the National or Hawaii State Register of Historic Places. There are no known archaeological, cultural or historic sites on the parcel. Natural Resources: 19. Existing floraVfaunal resources (any native or exotic plants; any listed or candidate for endangered species): No lmown endangered species exist on the parcel. The existing flora consists of grass and several fruit trees: mangosteen, chewy, mango, orange, tangerine and macadamia nut. There are also no known endangered faunal species on the parcel. Animals present are pigeons, goats and chickens. Birds observed were mynah, doves, cardinals and Japanese white eyes. 20. Scenic or coastal resources: The proposed change of zone would have no impact on any scenic or coastal resources. Valued Cultural Resources: 21. Identify any traditional and customary native Hawaiian rights that are exercised in the area; the extent in which the proposed development will affect these rights; and feasible action to be taken to protect native Hawaiian rights if they exist. No known native Hawaiian rights aze exercised in the azea surrounding the subject parcel. Public Access: 22. Existing public access to and along the shoreline or to mountain azeas and knowledge of public access being used: There are no public access mutes through the subject parcel. Social-Economic Characteristics: 23. People currently reside in the surrounding Keaau area, and in neazby subdivisions. The Puna region has provided many more affordable homes and land for people working and commuting to and from the Hilo area. 24. Economic resources of the area: { . Economic resources of the area are in Keaau. These include many small businesses including retail, restaurant, real estate, supermarket, convenience store and a farmers' market 25. Land Values: Land values of the subject parcel, according to the County of Hawaii Real Property Tax Office: Mazket Land Value $88,700. Assessed Building Value $211,400. Surrounding lands: 26. Land use: State land use for the surrounding pazcels is Urban. The General Plan proposed land use is low density urban for some of the surrounding parcels and Agriculture for others. Three adjacent lots are less than half the size of the subject parcel. 27. Zoning: Ag-la and RS-20 D. PUBLIC FACILTTIES AND SERVICES 28. Description of access: (paved or unpaved; private or county, right-of--way and pavement width. If private road, submit evidence of legal access rights): Access to the pazcel from Volcano Road is via a private gravel road, approximately 20 feet wide and 248 feet long. 29. Availability of water: The subject parcel currently has county water. 30. Sewage disposal: The subject pazcel has a septic tank and a cesspool. 31. Solid waste: The closest transfer station to the parcel is the Keaau Transfer Station. 32. Police & Fire protection: Police and fue protection are located in Keaau. 33. Schools: Elementary, intermediate and high school are located in Keaau 34. Pazks: Herbert C. Shipman Pazk is located in Keaau. 35. Other utilities and services (telephone/electricity): C, Electricity and telephone are in service on the parcel. E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS 36. Relationship between local short term uses of environment and maintenance and enhancement of long term productivity: This change of zone application has no relationship between short term use of the environment and long term productivity. 37. Mitigative measures proposed to avoid, minimi~r, rectify or reduce impact: This change of zone will not need any mitigative measures. 38. Alternatives to the proposed development: There are no alternatives as there is no development. 39. Irreversible and irretrievable commitments of natural resources that would be involved if proposed action implemented: There are no irreversible commitments of natural resources involved for the proposed change of zone. ~ .. file://C:~Documents and Settings~Ivlain~My Documentslvariance~Exhibit_B.gif 7/21/2008 ~ ~ ~ U h ~ ~ C ~ C f Zu { 0 e, '~ , 4a t l n: V ' ? ; ~ asp < 1 ' '` f %`F;~F' ~.~ i ty i ~' tt ~ :. ~ ~ EO ll'Td N ~J ' ' E In 0 ~ t C _ J C 1 4 - -~ ~ ~__avoa~ H13 ~ ` ~' • i .. o , _ ®. ~F ~ Y ~ 2 ~. 9 ~~ t ~~ t t~ . u ~ Y .~. x ~ - 7 X 2 a h )) ~Z 3 `~ is , ,vi G C~ p F '- C ~ 9} .' , ~ ~ ~ ~ ~ ...39 ~ + . ~ } v: ~ h 0 d ~ i s ~; ` = < N F _~ e ' ~ F t FF j ai '~ ~g, O ~ ' ~o ~ ~~ ~~ t ~ a ;f £ '~ ma F ~vowr pu/ over 1 « °`~" ~ ~ ! S 7 `.5' - n ~ Est q ~~ ~ 7 .. ~ a 9 .9 ` t '^~- ~°r~ ~ - a ear r ~F ` g ® ~: i ~ ® n ~. Y ~ ~ ~~ ~ ~ £~x .- IF eg ~ ~ . e 6 ¢ e~~ E ~ t r ° 3 A e ~ S ` i ,~ A ~ '' ~~ t i~ $ , a Pl-AT OJ e ~~~ a. P~,t ~1 '4 M a ~- ~ A ~ ; . L ~y. O 2 , J Y ~t~€~ ~tt i~ ~J ms's : , 3 , . 5 £ . y~ 3F . ,, se3'4i ~< f F~.~~}FFI.R.-iii?t .3~x.i+"3 iEF. 6..'k@. x iodtls tl53tl31 ~B NNl3rv - fS0 [ZO-L-! (CJNm tl1tlMtl Y11N3fi =• ~~ so ~LZO-L-I (c)am ,ZSZLZ - „00,60.fZ ~~ I I I , ~ I : I i aza awmne .s~ I I os ,~ \ I I L J 1 pW ~~~ ~ ~ ~ \ \ r\ I .u~si ~y ~ ~~nWO ~ ~ \ \\\ \\\\ -,I ~ \ I t ..7 U I t"i o \ . N cP . o.-. ~ I d I I 3 55 I a r I N - '~ Y y w ~ ,. I I ¢ I ~: °~~ c 9 a O 04 ~' I 1 ~o _ o I rr ~ `~ ~~ ._ _ . ~ II 181i ~sl 5 ~iD „00 Lb bZ ~ L ~~,,< F g~: I ,gJ&~ ~ o Narazss ommine ,si ('d'S tB0'Z) '" lLLfl/55399V `p, e z ,zs bsz --- „oo,so.soz ~ W fnmL> ~aFS rA0tl01H OO~nM '~tl '13 'tl11NtlNtl tlNLL5f10tl 9i0 910-L~I (C)Nm A Ntl Olrg OAOHOIN( )N VH LZO Al0-L~I (C)Mm J ow ~ W / 'r ~i M "off '~'° o ~C°, ~n o~ ~ ~q: ~ ~ o xY N «`Uu7~ Y~ ~ ~' :O _O ~~ 'N ~ ~ s s ~~ ~ ,lL"lb „9S, lf. lOZ 0 o~ a lW.d nm z a ~ ;. , O ¢ ~ ~:, ~. ~J{ ~ .'~ 3dIW5 Bl3 v, m x d O 6 :] O O r ....: ~ . - .. ~ ~, '] U6 I w.a~F ~ rn ~ 2 I a vi '? a '" O N U p x~~~v a~ ~ ~ ~ F O ~ 0.. .] O z ~ o z ~¢ o w F x a o / a / ~ 3~d05 m ' , 'N) ~ s op"~ ~1~ OZN1~ON ~nbi ~ E~ Jp~~ e „ ~ n3j tl ~ r~~ ~ s"e -°B z m ~ f 3` 6rrPa ci ¢'-$~ c a S ET S ~: ~ ~ f da c= PSG"a E ~ °e~ `€= 9 = e~ Qo 5" d, 6 ~ a ~ mom: o ^: a £ ~m BP 83 e ~ $ = 6y =° (3 .s~ 3 Z ~ e F eF ~g '~3a ao ~€a=m ~ ~g e's $& 3S >z ~ ~ ® A ~ ~ E6 a~J ~J ~- ~ _ _. RECORDATION REQUESTED BY: r riAYlril{rv~l I n~~+~ CU-. Ll U. 2.V 2 J O I ti~ V AFTER RECORDATION, RETURN T0: CO., LTD, YA~ft?.11.`ht T.;, RETURN BY: MAIL ( ) PICRUP ~") 7 Affects: TMK (3rd) 1-7-16:50 i ~ -- ~ QUITCLAIM DEED i c O j :_ _ _ i KNOW ALL MEN BY THESE PRESENTS: That HAWAIIAN TRUST ~~''i~. :s`~~'~; COMPA2dY, LIMITED, a Hawaii corporation, with its principal - };... -_~.' .- _ place of business and mailing address at Financial Plaza of the -~ `~ ; -~ i ~:~ ` ; Pacific, 111 South King Street, Honolulu, Hawaii. 96813, ~' r I " _`: hereinafter called the Grantor, as Trustee of the Puna Sugar __J Trust under that certain Trust Agreement dated April 14, 1982, by and between ,said Hawaiian Trust Company, Limited, a Hawaii corporation, and Puna Sugar Company, Limited, a Eawaii corporation, as amended, for and in consideration of the sum of ONE DOLLAR ($1.00) to it paid, by ARISTON ALO27Z0, SR. and ELIZABETH ALONZO, husband and wife, whose residence address -1- 20250 237 is Kurtistown, Hawaii, and whose post office address is P. 0. Box 191, Kurtistown, Hawaii 96760, EMELIA VICTORINO, widow, whose residence and mailing address is 1754 Kaiwiki Road, Hilo, Hawaii, 96720, and- THOMAS TORRES and SUSAN TORRES, husband and wife, whose residence address is Kurtistown, Hawaii, and whose post office address is P. 0. Box 46, Kurtistot•~n, Hawaii 96760, hereinafter called the 'Grantees;" the receipt whereof is hereby acknowledged, has sold and by these presents does hereby remise, release and forever quitclaim unto the said Grantees, all of its right, title, and interest in the property described in Exhibit A attached hereto and by reference made a part hereof as follows: an undivided one-third (1/3) interest to ARISTON ALONZO, SR. and ELIZABETH `'... ALONZO, as joint tenants with right of survivorship; an undivided one-third (1/3) interest to EMELIA VICTORINO; and an undivided one-third (1/3) interest to THOMAS TORRES and SUSAN TORRES, as tenants by the entirety with right of survivorship, said undivided one-third (1/3) interests to be held by the respective parties as tenants in common between them. To be used for roadway and utility purposes for the nonexclusive use and benefit of Lots 9, 9-A, 12 and C, Olaa Houselots Subdivision all of which lots adjoin said real property. -2- (' ~_._ _. 20250 235 TO HAVE AND TO HOLD the same unto the said Grantees, their respective heirs and assigns, forever. IN WITNESS WHEREOF, the said Grantor has executed these presents on this ~_ day of December 1986 . HAidAIIAN TRUST COMPANY, LIMITED as Trustee of the Puna Sugar Trust HS t , Its ASttSiANT VICE PRESIDENT Eiy ( ,(~-~..~'.6~c ham---- Its kSS£'TAF:T VICF PES{C:ct Grantor -3- 20250 `?39 STATE OF HAWAII ) SS: CITY AND COUNTY OF HONOLULU ) On this _~~ day of ~~~C~ , 198b, before me personally appeared ~AN[S W K. alUll and to me personally known, who, being 'j~'me my sworn, did sayy that they are the r.~~~~^ ~~„~..r,,,,~ and p,~;, aNT YICP PRESIDEfwT , respectively, of HAWAIIAN TRUST COMPANY, LIMITED, as Trustee aforesaid; and that the seal affixed to the instrument is the corporate seal of said corporation, and that the instrument was signed and sealed in behalf of said corporation by .authority of its Board f. Directors, and said ~PIQS W. K. CNUN and SARA IL 51h1PS01~ acknowledged the instrument to be the free act and deed of said corporation. .~ Notary Public tate of Hawaii Pty commission expires / ~~~ -4- Lnnava• n DESCRIPTION (ROADNAY) 20250 2~`0 Being a Portion of R. P. 7223, L. C. Av. 8559-6:16 to Milliam C. Lunalilo Reaau, Puna, Island of Hawaii, Hawaii _~ Beginning at the northwest corner of this parcel of land, also being the aouthweet corner of Lot 9 on the southeast aide of Volcano Road (!. A. P. F-2(4)), the coordinates of tald point of beginning referred to Government Survey Triangulation Station "OLAA" being 624.71 feet north and ..818.00 feet east and running by azimuths measured clockwise from true south: 1. 275• 12' 251.04 feet along Lots 9 and Lot 9-A; 2. 24• 47' 42.48 feet along Lot 86 of Reaau Agricultural Lots; 3. 95• 12• 248.53 feet along Lot 12 and Lot C; 4_ Thence along the southeast side of Volcano-Road (F. A. P. F-2(4)) d' cho th - on a curve-to the right with r e a.-radius of 5,689:58 feet, _ _ -azimuth and d ietance being: - - _ . 201• 31' S8• 41.71 feet to-ihe point-of beginning and containing an area of 0.230 ACRE. M• ~4 rzo~smco ~G ~ norEss~oNU ~ ww 7 wrvnoe No. 267E P' November 27, 1985 HILO ENGINEERING, INC. 484 Kalanikoa Street Hilo. Hawaii 96720 RObNE RA AMURA ~ Registered Professional Surveyor Certificate No. 2671 Tax Map Rey: 3rd Div. 1-7-16:50 .~ iti•~~y K a. ro ~t 0 s, 0 ~c 7~ ' Ol 4 ~' { ~ 0 c o~ i so 4 y. C. i _ '+ e ~? ~~ o` ~~ ~. a' ~~ ~ ?~3~. ~\ 00 ~ ROADWAY MAP 8£IN6 A PORTION OF R.P. T223, l.C_ AW. 8559- B ~ 16 TO WIIUAM C. LUNALILO K£AAU, PUNA, i$LAaVD OF IiAWAtl, HAWAII rvacrAREa er till0 ENGiHEERiNG,tNC. 464 KALANIKOA ST.,NtLO,NAWAIt r- ...,..._ ...__ .--- ` ~~ ~~ ~, ,. 20 0 2g . .~ ~ ~.• .,,. ~'~: • r Jd4~ `~`` y,~ 4~`v • ~ , r 4~ O' ~ yb 4r 4 . *o. p ti. . ~ ~ P~~ ~ - .~`.' ~~~ ~° ~ • ~~ ro !/ ~~ ~ ! n ~ '~ i ~ ~ • n~, ~~ c~ 0 e ~~9 . B ~s UN4~~~0 +l .w. _ K,~ fy O2 [ecnrt[m ';G ~ no'ess~owwa P r u~o > w[vn~[ [.,~Wo.2671 r WCItK MlAS /~i'A6! M~ ort u rr ~~ eiT[ - rovt>a[[tt All of that certain piece or parcel of land known as LOT NUMBER TWELVE (12} of the HOUSE LOT SUBDIVISION, being a portion of Field S-3 in the land of Keaau at 10 Miles, situate at Olaa, District of Puna, County and State of Hawaii, and more particularly described as follows: Beginning at the North corner of this lot and on the South side of .the Plantation Road, the coordinates of said point o£ beginning referred to Goverrunent Survey Triangulation Station "OLAA" being 566.90 feet North and 1007.00 feet East, and running by azimuths measured clockwise from true south:- 1. 275° 12' 138.96 feet along the South side of the Plantation Road to a pipe; 2. 23° 09` 277,52 £eet to the West corner of Fred Roman's Lot; 3. 100° 16• 135.61 feet along boundary of Fred Roman to a pipe; 4. 203° 09` 264.92 feet along Lots 11 and 10 of this house lot subdivision to the point of beginnings and containing an Area of 0.823 acre, more or less. Together with a permanent easement o£ way appurtenant to the above described property over and across that roadway approximately 40 feet in width and running along the Northerly boundary of said property to the main government road, which easement runs between Lots 9 and 10 of this house lot subdivision. Being all of the land(s) acquired by Deed Grantor Emefia ~ctorino, widow Grantee Emefia Vctorino, widow, Winona M. Amaral, wife of Franklin P. Amaral, and Noreen 1. Grawe, wife of Geratd Grawe, as joint tenants Dated : April 3, 1985 Recorded Liber.18556, Page 307 E%~IT A May 1, 2008 NOTICE OF CHANGE OF ZONE APPLICATION This notice is being sent to surrounding property owners within 500 feet of the perimeter boundaries of sup,, °ct TMK property (3)1-7-016:028. APPLICANT: ALL AINA SERVICES OWNERS: FRANKLIN & WINONA AMARAL PERCIVAL & MELODY PARONG LOCATION: The referenced TMK property, 35,850 square feet, is located at Keaau, Puna, Hawaii. TAX MAP KEY: (3)1-7-016:028 PURPOSE: The applicant, on behalf of the owners, is requesting a Change of Zone, from RS-20 to RS-15, to allow family members access to ownership of family property. Any written comments from surrounding property owners regarding this application shall be filed with the Planning Department in Hilo or Kona Maps showing the general location and boundary of the area under consideration are on ~ _ ' file in the Office of the Planning Department, located is the county of Hawaii-Aupuni Center, 101 Pauahi Street, Suite 3, Hilo, Hawaii, 96720, or can be requested at the Planning Department's West Hawaii Office, Suite 109, 75-5706 Kuakird Highway, Kailua Kona, Hawaii, 96740, and are open to inspection during office hours. Anyone wishing to offer commerts onthe application may do so. Should you have nay gaestions regarding this notice, please write or call: ALL AINA SERVICES P.O. Box 291 Laupahoehoe,HI 96764 Telephone: (808) 969-3882 or contact the Planning Department is Hilo at the above address or by telephone at (808) 961-8288 during reguLrr business hours. List of TMK owners within 500' of "IIvIK: (3) 1-7-016:028 (3) 1-7-O1b:027 Aranita Agustma Agustin Cazlos P.O. Box 243 6280 Hopi Circle Keaau, HI 96749 San Jose, CA 95123 Florentino & Carmen Agustin TR 3614 Rollingside Dr San Jose, CA 95148 (3) 1-7-016:047 Vladimir & Janice llydrovo 45-655 Nawahine Lp Kaneohe, HI 96744 (3)1-7-016:026 Susan Torres P.O. Box 46 Kurtistown, HI 96760 (3) 1-7-016:001 Motoshi & Kiyoko Sako Tr P.O. Box 32 Kurtistown, HI 96760 (3) 1-7-016:050 Joseph Alonzo Trust HCR 1 Box 4040 Keaau, HI 96749 (3) 1-7-016:025 Ariston & Rose Alonzo Jr P.O. Box 187 Keaau, HI 96749 (3) 1-7-016:043 Joseph Alonzo Trost HCR 1 Box 4040 Keaau, F)I 96749 (3) 1-7-016:024 Cheri Alonzo Tr P.O. Box 19i Kurtistown, HI 96760 (3) 1-7-016:021 Motoshi & Kiyoko Sako Tr P.O. Box 32 Kurtistown, HI,96760 )3)1-7-016:022 Dean & Cheryl MiYose P.O. Box 1843 Keaau, HI 96749 Glorina Ragragola 1645 22nd St Manhattan Beady CA 90266 (3) 1-7-016:042 Noel & Cheri Navarro P.O. Box 1138 Hilo, HI 96721 (3) 1-7-016:031 Koae & Tamae Fuse P.O. Box 132 Keaau, HI 96749 (3) 1-7-016:029 Melton & Theresa Gamayo P.O. Box 594 Kurtistown, HI 96760 (3)1-7-016:044 Jane & Amy Fullerton P.O. Box 1401 Hilo, HI 96721 (3) 1-7-016:045 Robert & CynthiaNiimi P.O. Box 1374 Kurtistown, HI 96764 (3) 1-7-016:046 Catalina & Mejia Gamayo P.O. Box 348 Kurtistown, HI 96760 (3)1-7-016:004 Roy Urasald Tr 46-224 Aeloa St Kaneohe, HI 96744 (3)1-7-016:053 Noboru & Jane Kon Tr P.O. Box 576 Kurtistown, HI 96760 (3)1-7-016:015 GardeniaNisperos P.O. Box 1382 Kurtistown, HI 96760 (3)1-7-016:014 Michael & Marie Remen P.O. Box 7267 Hilo, HI 96720 (3) 1-7-016:013 Larry & Elaine Morita P.O. Box 174 Kurtistown, HI 96760 (3) 1-7-016:006 Elaine Kawasaki Tr P.Q. Box 129 Kurtistowa, HI 96760 (3) 1-7-016:012 Alan & Jane Tamiya Tr P.O. Box 62168 Honolulu, HI 96839 (3) 1-7-016:052 Bonifacio & Mary Narito P.O. Box 426 Kurtistown, HI 96760 (3)1-7-O1b:011 Ryan Walters P.O. Box 1271 Kurtistown, HI 96760 (3)1-7-016:006 Elaine Kawasaki Tr P.O. Box 129 Kurtistown, HI 96760 (3)1-7-016:016 AngelinaNarto P.O. Box 136 Kurtistown, HI 96760 (3)1-7-016:008 Kurtistown Village Condo Master (3)1-7-016:036 Newton & Loretta Lurbe P.O. Box 6012 Kurflstown, HI 96760 (3)1-7-016:041 Hilo Korean Christian Church P.O. Box 638 Kurtistown, HI 96760 (3)1-7-016:009 Marie Adams & Chazies Sanders HCR 3 Box 10074 Keaan, HI 96749 (3) 1-7-027:048 Koae & Tamae Fuse P.O. Box 132 Keaau, HI 96749 (3) 1-7-027:049 MarianKagimoto 40 Ala Muko St Hilo, HI 96720 (3) 1-7-027:050 Ronald & Cynthia Lewis 17-322 Kaioke Pl Keaau, HI 46749 (3) 1-7-027:052 Thomas Yogi 17-549 Ipu'aiwaba St Keaau, HI 96749 (3) '1-7-027:053 Melvin & Teresa Gapol P.O. Box 979 Keaau, HI 96749 (3)1-7-027:054 Benita Agmata P.O. Box 1766 Keaau, HI 96749 (3)1-7-027:055 Michelle Siemann No address given (3) i-7-027:056 Kinue Ito Tr P.O. Box 708 Keaau, HI 96749 Glen Rosario P.O. Box 1283 Kurtistown, HI 96760 (3) 1-7-027:057 (3)1-7-027:085 (3) 1-7-027:108 (3) 1-7-027:109 (3)1-7-027:110 ivfichael Cushnie 574 Lauiki St Apt A2 Honolulu, HI 96826 Herbert & Elsie Kamiyama 7 Laukona St Hilo, HI 96720 Narciso & Rosita Tadeo P.O. Box 1258 Pahoa, HI 96778 Domingo & Marcela Pertubal 13-3531 K~ukahi St Pahoa, HI 96778 Peter & Roxanne Nakamura 17-540Ipu'aiwaha St Keaau, HI 96749 (3) 1-7-027:051 Clinton Bomen P.O. Box 6571 Hilo, HI 96720 C ~ a ~v 1 LL _ ~ _ .._ i _ ~. :n LL ~ m _ Sq li __. _._ _ .. .... J v ~ 1~ 9 .... 0 yp ~U m c > ~~~ '. ~ _ .. ~ ~ - _ ~ 7 N. ~ ~i 7 N: ~~i ~ Q:=, ma V q ~ ~ I F ~ NU I Ema °£ s°'~ ~.. y m a W o ~ o'., m '. ~ ~ LL x~C~CON m m o o a a - __ .._.-. .I _. . m I v ~. ~' q ~. do a {"' I ~ rcrcrcm ~ ~ ~ ~ ~ T vi E ~ rj y c`~ `o c ~ ~~M3 ~~~r 7 O~ ~ ~Q~ ~IJ ~ ill o ~Oz ~1 Z c°1i~ow `, $ ~~r ~`161~ ~ ~. ~ ~ ~~1Y _.. o~ T~o,3J1, ooh ~oo .~~~ I~a°.~ r ~aa ~ nle.v :max ~a.z I __.__ _. j ~ I ~ ~ j ~~ `m ~ I E _ Y O fJ ~ z VVV TT o m J O ,`9C I Q G a W3~~~ m E ~I q I~ ~, ~~.~~- ~~ 2~~ r ~ 4 ~~ '~~~ ~~ :~Q.~ I N 7 K O d d w N Q U a a 0 a ~J N ~d 0 O ~~ r la ~ ~ Irv 0. z > :: m o ~ ~ N '~-._ .~ S a li 0 a oD ~ W a ~ M En E za o W m LL F ~ N a cy CLL Ru ~u N a LL : _. .. , O LL .. a ~O. m= 0 mm I ~). _. _.. _._ m 0. ` j m m m; =~' j ~ ~0 y m °cr 5 -- mU _ -, ~= aq~'O'm.t m£cx pti. ... _ __ Emoo°=mm ma®qo mp m~: xmtEn Hm Q~.uo°u CO - --- m _ _ - a o _ a , c L _ °c ... `m ~ c ao ~ ~ ~ ~;~ ~i m ? m m N ~ r~ T~'~ o N '~ ,.N 9 c ~'~~ ~ Z .Grp :~X~ Y~~ ~ ~ to a UUDw , m o - ~ m' X1111 ~ :~ 'N ~' ~ ~ ~ _. _ __. ~ - --- - ~$ ~ i m~ J'~~' . 0 ~a- ~~~~ ~ c Q ~ d `~ ~ ~ ~ i i 0 0 O C f= 0 N Q u a` I N O o ~ a ~5 am ~ y .} ll~~ 2y 9 .a~ $~~SS ~'6 o m a y ~ a' '~ ~ ~q ~~ jfi .: d{• ~~ ~ ~ U I~ lv o e z e~F ~ .~9~ ' ~ ~ ~~~ ~ ' d ~: SO~ a Q~ P ~ ~ ~ ,,y.3 ~ 1~5Q g E i> J IIYN~ ~ n n e o°. m O x n r a O ~ O n° _ m~ m a S c ~ o N _.. ~ a IL ` n m iy M ja E 0 iq LL ~J N a ~ r= W~ J mI N Ai W N' _ ~ ~ Q ~ 3 ~l d i N m~ S J Q A a v " ~ '. lq 9 AN1 N T y `L ~~ ~ _ fOS o Q i•\ l (/l ~ N Z ~ N p o i '~, '~i ~ 3~ ~ N O N i~ ~i I'~ N n ro mz I I ~ d o l ~', ~ ~~, '. ,~ N o -~ ~ m' '~ ''. m 1°' N Z 2""~Z i o o~ o Z ~ ~ x -ai ~~~~, ,pr 6~C~1'. _F9 ~IR. ~Q O+Z~; o NNE:. Nf~o ~;'a~o~a " m' $~~-rn+~9',~F ~/~~~ 'rr T~.P' 1x~ ~~~ l~~f ~A ~'A ~'. p `m~~~ia«,2 a 3 ~ o~I sWm ~~, ~~~ 3~-tL~. Zvi Zvi'. ~tti~Ic Z~- °' r>,~i RCS' J ni ~'. -j ~ ~ Z .6~_ 7i J °`~' ~' m ~' m ~c .t y~ ~ o O O p 5" m ~ E N. g v 1D NI P ~~ Z ~ 0 0 ~ w ~~ m n 1. ~ o~+°o A o - _ ~ 3 ~ ~ s o3 - o ~_ - ~_ a - 0 v m - o m _" 9 _ N ~ O - n C m :gym o. 4 m C ro Z1's 3--oH3 sm o'ao ~ m ~ N m ~ m v ~, a ~ n c a ,o v ~ __ n_ ~^ N a <~ m - 3 a m c o 3 A o~ ~ oa m , m To ~o T N N n T (q N Z T p ~ O np m p m N ^~ m~ ~I mI Ni al w NI ~! ~- '6~v v z ~, I ', ~ O~ m w ~~i I I Z n ~ U~ _ ~ ~ N n ~T~ ~ d N ~ ~ ~~N N ~ V\ ~ ~ Z~.i w d3i ~ ~~~ 0 0 ;, o '^ " v, ~~ '. _ _ _ . ~. ~ Ti Soq~, ZSr-n fir- ~ ~~'~ ~W ~~p ~'. ~O~ ~;c9oc>o a ~X~i ~x~ ~~ (~" z~~ Xo'. ~Wb ~ ~~~ xL ~ n~o d. v a ~~'S J^.WO ~'{Z ~t~1 ~(¶' ~bQN~ -'~ ~ ~~Z ~ ~ ~ ~ m ~ n ~ ~~ i ~~ pz" m NA Am Q'. ~ =9 ~! ~ ". ~ ? e ~ A ~d m ~ a o o M m m o ~ , D ~ a ~ ° o ~ h x ' T:`°3' H =`"m m Qm°¢nm ¢m Az goo H3 m~ u'm a01a ' Oma4o-_. m m ~ ro n m 1° ro v _n m2 d n D .^. c d o ^IO m o "aa ~ m .^,N ~_ O A m m ' fp - oaJi 3 C ~ °o~~ a~ Zi in ^_ 3 tD3~~~ foil 00013:2 N~ ZNJ3 r~~ J~ -i -pJ• CVOi i l~~ 0 2 ti N` ~ ti [Dl m (~/i ~~n"p. Off' ~I~ O) (P A! Wi NI J "~ ~' w T d i ~•fiT O N ~ ~Z ~ ~~N mv~. ~ ~ ~ m s Las V ~ o. T D ~ N N m ~ ~ ~ o ~ ~ n m m Z \\ 7 O p p ~I ~~ 3~ T m~ v a~ ~ A d~j o ~ ~ I 6 o '^ ~~I ~ ~~ ,~, ~ ~~ ~oz, X05 ~~y $~x ~~~ ;~o ~~~ ~c~ ~YS3 ~~ x'65 ~ ~~'. ~cp'L ~U~.z' {~`~'. ~@~ .~p.=~ &i~9 _°_p~ m ~~ ~O ~K o. yCU ~, r y~(r, ~~N QZ-~ ~X~ y~-aw 3 a~ .3'~, ~~~ -{ ~j`G~P ~~~I~~ ~_ Mf ~''.Li ~?z.pt ?._741 z~ ~n a o v ~ S ~! ,~ t ,,g y~ NHS; 1(~~: ~~~ ~ N ~ 7 m ~l .~ ~ ~ ~ ~ ~ a r~ ' ~ w m=ya N ~. ~ ~ ~ H m A~ p £ D -~ O ~/G T ~ o ~ ~p ITI ~ ~ N. ~ ~ o = ~. ~ m o s ~. ~ o ~ - 0 m m o _ o v `O 0 m O a o 0 0; D moa 3H3 ' T m' H N o~ y x m o3 o n°~'~°N m ' -nm aw A z- : o y 3 ~ ~ ~ m n - v o 4 ~ e ~ 6 N ~ N Nb N G d A ~` D g C = ~+ ~ o ~ N J w o a m N 3 m 0 A ~ ~ 3 C o ~ //~~ eV~ D< TI N (p ~ ~~~ 3 C03'"D' ~ C ~ d ~ O T N C J ? C VI y 'W , JI ' !, "' y G l W N m m ]! A "O r -f WI v' ~. Cn A~. W ' NI ~ _.I '~ S ~ ~ O 3 <n ~ N ~ ~ _~ ° . ~ m ~ z ~ ~. o ~ ~ 6J ~ w ~t°~ : _ ~ v J m66 g1 - ~ a m ~ '~ m v n y N ~ ~+ ~ V1 O ~ v ~ m H I ' " m ' O (n to " 10 ~ ~ ~ ,, . z ' G n . o -' A~~ , v ~ ~ n o N ~ ~{~ ' ~ Z d Q' \V ^, C~~ ~ ~ ~ ~ I '. O a i O ~^ oil ti ~ni o v __ '6 f~1 N.~, - ~~ ~~ni Gr - .~ s F '~ . ~ cis z' O~ p Z~ 1 ~. mo can v ~, ~~' +' y ~ ~ Nz' ~ ~z °a gyp/ ^~ P ` U{ > O m m g. ~ ~ ''1 ~ D a ~ D ? O ~ ~ S 3 A, l~ N 7J A A v ~` ., T w 2 3 ~ o m ". N 'm A' R n E T ~ ° p ' e ~ m ] a o 3 ° 2 ~ m. ~ - x o q a W ~ _ + v o m o ~ p~ n o n. D 3 ~^ N D O~ N m -N+ ?N N '^ ~ ° m ~ ., m° m of Az ~=oy3 ._ m~ c a 3 v= n m ` . m om -a c, e m N i ~ m ro m v _: n m' m ~ ~~ D n aA N ~ ~~ _ ~ 3 m 0 0 o -_ ~ (7 N m Oa N N ~ Tp ~O Ty N n TN m ~ m0 m A A (TllnzsTt~ ,Q# af17ati DERARTMEIV'1' OF PUBLIC WORKS 101 Pauahi Strtxtr Swite 7 • HRq Hawaii 96730 - Flood Zone Determination Ph.;":.961-8327 (Hilo) 327-3530 (Kona) Fax.:: 961-8933 (Hilo). 327-3533 (Kona). Tax Map Key:~~. (,.'( rd:~` ~-02-8 Requested By:1~l.E. 1~IN~c. SEA-~lI ~.S Company: Add-es5:. ' Phone: Fax: Dater Signature: ,4~r/~- ~ Flood Zone is: X Remarks: Completed by: Date: ~L{~~ ~g Notes: 1) A property in Zone X (not withih the Special Hood Hazard Area) may be.damaged by a flood greater than that predicted on the Flood Insurance Rate Map {FIRM), or from a local. drainage Problem not shown on the map. The infgrrni3lioripmvJded here~oes not create-tia#tility for the County of Hawaii, or any officer or empbyee thereof, for any damage that resu{ts from reliance on this information. 2) A copy of the Tax Map Key, with the specific flood designation(s) may be available at the Department of Public 1Norks for a nominal fee. 3) Buyers are advised to consult an Architect and/or Engineer or other experts of the buyers' choice yf there are additional questions. County of Hawaii is an Equal Opponuniry Provide and Empbver . SPECIAL FLOOD HAZA R9 A REAS IN UN DATI BY 100•YEARFLOOD . "'~....- ZONEA No bas fleod alav+dons tlarermbretl. ZONE AE 'Bas Hoed akrploru de4rmbred. ~. Z ON E AH Fbod duprAr of l to 3 fact tuarally argr . pondirq); bars 11ood'skydom;deurmkr ZONE AO '- FbeO datnlrr of t m 3 tact luwdly >?a . .. flow oa doping aerrain); awrate ~aap dswntuud. Fa rw err albvld feu flw a4r!olodtks+Iw Onnmirsd. ZONE ABB Lo b proxOd poor l0d,yv flood . .. Fud~il /laud Poteedon' aystao uM . wrbouabn; no bas tkvadom detvmip ZONE V ~ l'oasal flood whh vsbcity hamd~trr . anidnh rs ass road ek.aa«a. as • ~ - 'ralqud, - ZONE VE,:. ~•~ flood was wrkoky .luzard Ivr . aefluel;' ts. floor .Iavadora Eeswrrrka ® FLOODWAY AREAS~IN ZONE AE .. OTHER FLOOD AREAS ZONE 3t `Arses d- i00yw flood; aces i ' (~~) 100yau flood with average dept/ or kfs Man 7 foot or with Brainy arses ka Man 1 square mile; an -cress proteemd by levers from 101 yar floodi OTHER AREAS ZONE x ' Areas'iktermine0 to be outside SM ' :Year flood pFain. 'ZONED Areas in whkh flood , hsards v ' ~ ~ undetermined. Food Boundary ' - - - -. FbodrayBourMary . Zone D Eouhdary - - BoprWary Div9dirrg. Special fba -- - - -- Haaard Zonay and Boundary DlYding Areas of 'Differeni _ Coastal bass Flood EkvaeoN Within. Specal Food ~Xazarc Zones. 513 rl ~\ ~Z"J IEL 987) RM7x Bass Flood Elevation, Line; .Ele• ration in Feet• cross section Line ' base ~ Flood Elevation in Feu Where Orriform WiMin. Zone+ Ekvstion Referents Mark +Reterenced to the National Geodetic Vertical Dawm of 1929 NOTES This map is for use ~in atlministering the National Fbotl Insurance Program: it does not necessarily iderrliy all areas sul>jM Yo }boding, partkularlyfrom lOCaldrainage seantesolsmall sire.wail planimMri[ natures outside Special Flood Hazard Areas. Areas of special flood hazard (]00•yezi food) include ZOnES A. A 1.30, AE. AN, A0; A99. V, V1.30 ANO VE. ' Certain areas not in Special Fbod hazard Arses m-ry be Orotec[ed by floatl comrol structures. 6ound'eries of the flootlways were computed zt crc_s sections and interpolatcE between cross Sections. The floodwziR were bzsed on hydraulic considerztion<_ wRh regard to repuirements of the Federal EmergencyManxgement Agency. floodwzy widths in some areas may be tod narrow to show to scats. Flaotlway widths are provided in the FIOW Insurance Study Repo. ~. C.:,asial base flood ekvatiens apply only landv.~rd o?the shorelinE Eievaiiens reierence~marY.s aredescribed ir.:hsFiud i ~surerte Sauc, Reps":. Ha Kim oJh<r nr ~'?. Mayor c. ~„ y64e. ;• `•'. ~~ +rE 6.:H~a+ County of Hawai i DEPARTMENT OF FINANCE -REAL PROPERTY TAX Aupuni Center l01 Pauahi St, Ste 4 Hilo, Hawa~ i 96720-4224 Fax (808) 961-8415 Appraisers (808) 961-8354 Clerical (808) 961-8201 Collections (808) 961-6282 75-5706 Kuakini Highway Suite 1 ]2 Kailua-Kona, Hawa~ i 96740 Fax (808) 327-3538 Appraisers (808) 327-3542 Clerical (808) 327-3540 REAL PROPERTY TAX CLEARANCE (rev. 07/99) June 16, 2008 TMK(s): (3)1-7-016-028-0000 OWNER(S) OF RECORD: Franklin P & Winona M Amaral Percival & Melody L Parong William Takaba Finance Director This is to certify that the real property taxes due to the County of Hawaii on the parcel(s) listed above have been paid up to and including 06/30/08. This clearance was requested on behalf of the owner(s) listed above for the County Planning Department and is issued for this/these parcel(s) only. Sally J. Kaaiakamanu REAL PROPERTY TAX DIVISION Hawaii County is an Equal Opportunity Provider and Employer April 30, 2008 State of Hawaii Department of Land and Natural Resources Historic Preservation District 601 Kamokila Boulevazd Kapolei, HI 96707 Regarding TMK: (3) 1-7-016:028 To Whom It May Concern: Melody Parong, owner of the above menfioned parcel, has retained All Aina Services to carry out various requests to obtain a Change of Zone with the County of Hawaii. The proposed change is from RS-20 to RS-15. This is a request for a letter of no effect required from the Department of Land and Natural Resources, in order to show that there are no azchaeological, cultural, or historic sites located on the parcel. In compliance with the County of Hawaii, if the Historic Preservation District has not responded within 30 days, the applicant will assume no azchaeological resources exist on their parcel, and that she may continue in the Change of Zone application. Sincerely, Jennifer Rosse All Aina Services LINDA LINGLE GOVEFNOR OF NAWAR o "Nd antl Nar ~ '9 C i~ O stab of HaN+a" June 3, 2008 Ms. Jennifer Rosse All Aina Services P.O. Box 291 Laupahoehoe, HI 96764 Dear Ms. Rosse: STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES STATE HISTORIC PRESERVATION DNISION 601 KAMOHILA BOULEVARD, ROOM 555 K.4POLEI, HAWAII 96707 LAURA H. THIELEN CHAIXPEPSOH BOAROOFIANO pIN NATVIULggSOVBCES COMMLSSION ON WpTE0.AEy0VpCE NANpGEMINI RUSSELL Y. TSUJI i1PST VFYVTY KEN C. KAWAHARA OFYVIYNdECT00.. WATE0. APVATICPFSOVRCES BOATW6 ANOOCEAN RECREATION BVRFAV OF CONVEYANCES COMM6510N ON WpTERRE50VRCEMANpGEMElJT CONSERVATION ANp C0A5iAL1ANp5 CONSERVATION AIARESOU0.CES wiGRCEM£NT wcRlEExE.IG FORE$'1RV ANp WpyI16E IlorowceusRRVATroN xpxoouwE Isurm RFSmvE colon asloN LVN STATEeppl(,q LOG NO: 2008.1821 DOC NO: 0806TS10 Archaeology SUBJECT: Chapter 6E-42 Historic Preservation Review - "No effect" Request for Parong Property Zoning Change Application Kea au Ahupua'a, Puna District, Island of Hawaii TMK: (31 1-7-016:028 Thank you for the opportunity to review the aforementioned request, which we received on May 22, 2008. The applicant seeks to rezone the .823 acre property from RS-20 to RS-15. We determine that no historic properties will be affected by this undertaking because: ^ Intensive cultivation has altered the land ^ Residential developmentlurbanizationbas 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: Rezoning of the property will not result in any additional impacts to historic properties, if they exist on the property. The SHPD reserves the right to review any and all future permit applications submitted through the County ofHawai ~i with respect to this parcel. hi the event that historic oz prehistoric resources including rock walls, stacked rock terraces, platforms, mounds, marine shell concentrations or any standing architecture older than fifty years, human skeletal remains, lava tubes or, lava blisters bubbles are identified during the construction activities, all work should cease in the immediate vicinity of the fmd, the fmd should be protected from additional disturbance, and the State Historic Preservation Division should be contacted immediately. If you have any questions or concerns regarding this letter please contact Assistant Hawaii Island Archaeologist, Timothy E. Scheffler, Ph.D. at (808) 981-2979 (timothy.escheffler@hawaii.gov). Aloha, ~-Y~ ~-- Nancy McMahon, Deputy SHPO/State Archaeologist and Historic Preservation Manager State Historic Preservation Division TS I3F.IVEWAY TO HIGHWAY 11 QI~AIVA D~'ELL~NG Q~IGFNAL I3VJELLING SOUTHWEST VIE<tJ OF PROPOSED SUBDIi~ISION WEST VIEW dF FItOFdSED SUBDIVISION EAST VIEW OF PROPOSED SUBDIVISION ~' ~ `h I"" ~'~~"~r't~~f~ARTMENT OF PUBLIC WORKS t^r;+ ti~~y ~~ la ti i COUNTY OF HAWAII ~'~'~ CsCT ~~ ~Ij '-~. ~2 HILO, HAWAII LATE: October 22, 2008 TO: Christopher J. Yuen, Planning Director FROM: ~11• D pertment of Public Works SUBJECT: CHANGE OF ZONE APPLICATION (REZ 08-000084) Applicant: Melody Parong Request: RS-20 to RS-15 Tax Map Key: 1-7-16: 028 We have reviewed the subject application forwarded by your memo dated September 24, 2008 and offer the following- comments for your consideration. The subject parcel is in an area that is not mapped by the Federal Emergency Management Agency (FEMA) and is designated as Zone X - an area determined to be outside the 500-year floodplain. Access to the subject parcel is from Hawaii Belt Road (a.k.a. Volcano Road) which is under the jurisdiction of the Hawaii Department of Transportation. Questions may be referred to Kelly Gomes at ext. 8327. Planning Dept. Exhibit ~ SC,~NN~~ ~~~~.~.------- t _~~- CounTy of Hawaii is an Equal OpportuniTy provider and Employer 2008or,T3p flfi?nI0 DEPA~'~~~~,'~~Q~1nn'~'R SUPPLY COUNTY OF HAWAII 345 KEK QN 'S~REET, SUITE 20 HILO, HAWAII 96720 TELEPHONE (806)961-8050 FAX (808)961-8667 October 28, 2008 TO: Mr. Christopher I. Yuen, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUBJECT: CIIANGE OF ZONE APPLICATION (REZ 08-000084) APPLICANT -MELODY PARONG REQUEST: RS-20 TO RS-15 TAX MAP KEY 1-7-016:028 We have reviewed the subject application and have the following comments and conditions. Water can be made available from an existing 8-inch waterline within Volcano Highway approximately 240 feet from the subject parcel. The subject parcel is currently served by an existing 5/8-inch meter, which is limited to a maximum of 600 gallons per day and suitable for only one single-family dwelling. Pursuant to Rule 5 of the Department's Rules and Regulations, the Department requests that the applicant remit a water commitment deposit of $150.00 for the proposed additional lot as soon as possible so that a water commitment may be formally effected. The commitment will be in writing with specific dates and conditions stated. Please be informed that final subdivision approval will be contingent on the following conditions: Construct necessary water system improvements, which shall include, but not be limited to, the following: a. extension of approximately 240 linear feet of 6-inch (minimum) water main from the existing 8-inch waterline within Volcano Highway to the property, capable of delivering water at adequate pressure and volume under peak-flow and fire-flow conditions, b. service laterals that will accommodate a 5/8-inch meter for each lot; the existing meter located on Volcano Highway must be cut and plugged and relocated to front the appropriate lot, c. a service lateral capable of accommodating an additional 5/8-inch meter shall be installed for the existing Ohana Dwelling located on proposed Lot 12-A. The applicant did not install a sepazate 5/8-inch meter for the Ohana Dwelling as requested by the Department for Ohana Dwelling Permit Application No. OHD 2005-0038, and d. subject to other agencies' requirements to construct improvements within the road right-of--way fronting the property affected by the proposed development, the applicant shall be responsible for the relocation and adjustment of the Department's affected water system fa - ' ' they be necessary. ~,~ / ~ Planning Dept. ~~A1~11®1ED ... VUater d~~~~~ r~ohibit `3 ~T4~~'~~~3 The Department of Water Supply is an Equal Opportunity provitler and employer. To fle a complaint of discrimination, write: USDA,- ~• Rights, Room 326-W, Whitten Building, 14th and Indepentlence Avenue, SW, Washington DC 20260-9410. Or call (202) 720-6964 (voice and TOD) Mr. Christopher J. Yuen, Planning Director Page 2 October 28, 2008 2. Submit construction plans prepared by a professional engineer, registered in the State of Hawaii, for review and approval. 3. Remit the prevailing facilities charge balance, which is subject to change, of $10,850.00, as shown below: FACILITIES CHARGE (FC): Two (2) additional units of water @ $5,500.00/unit (_For existine Ohana Dwelling and proposed additional loll $11 000 00 Total Facddies Chazge (sublect to change) $11,000.00 WATER COMMITMENT DEPOSIT CREDIT: 1 additional lot (a7 $150 00 per lot 150 00 FACILITIES CHARGE BALANCE $10,850.00 This is due and payable upon completion of the necessary water system improvements and prior to final subdivision being granted. 4. Submit the appropriate documents, properly prepared and executed, to convey the water system improvements and necessary easements to the Water Board of the County of Hawaii prior to final approval being granted: A registered land surveyor shall stamp arid certify the metes and bounds description within the conveyance documents. However, prior to water meter services being granted to the development, or any lots within, the conveyance documents shall be accepted by the Water Board. Should there be any questions, you may contact Mr. Finn McCall of our Water Resources and Planning Branch at 961-8070, extension 255. yours, Pavao, P.E. FM:dfg copy - Ms. Melody Parong All Aina Services ~( ~'r~~{3l~~ j~i tat tx z ~~-~~:7 Harry Kim 1 ,t >, ,1gurm~ 4 ~l j~3 ~~ tf'P r~t~ ~~`l3 CFj E 3 ~{~ !~. 2tl October 9, 2008 J~TV OF N9 O h'q 4 '`` ~y~) ~ St ~,! H~~ P 9Tp'p..„p:Tl County of Hawaii POLICE DEPARTMENT 349 Kapiolani Street Hilo, Hawaii 96720-3998 (808) 935-3311 Fax (808)961-8865 TO CHRIS OPHER J. YU~LANNING DIRECTOR FROM DL~CHECO, ASSISTANT POLICE CHIEF AREA (OPERATIONS SUBJECT: CHANGE OF ZONE APPLICATION (REZ 08-000084) APPLICANT: MELODY PARONG REQUEST: RS-20 TO RS-15 TAX MAP KEY: 1-7-16:28 Lawrence K. Mahuna Police Chief Harry 5. Kubojiri Deyuty Police Chief' Staff, upon reviewing the provided documents and visiting the proposed site, does not anticipate any traffic and/or public safety concerns at this time. Thank you for allowing us to comment. SG:IIi Planning Dept. Exhibit „~ "Hawai`i County is an Equal Opportunity Provider and Employer" -. , _. I, ~~~, ~464~t- o H(Y Os h9 S ! A IP,. Harry ~rrnaS q, la-±+"tT i3t~e` ¢~i~~~~ ~ Mayo , (I~ ~}~i i !t ~ c)i of ~~,~,: _ 9r[ a ~N•,~P !i°~''~ '#,~ i l fji f: It rl i" t! ~ount~ of ~airoai`i HAWAII FIRE DEPARTMENT 25 Aupuni Street Suite 103 • Hilu, Hawaii 9fi720 (808)981-8394 • Fax (808) 981-2037 October 8, 2008 TO CHRISTOPHER J. YUEN, PLANNING DIREC'T'OR FROM DARRYL OLIVEIRA, FIRE CHIEF SLIBJECT: CHANGE OF ZONE APPLICATION (REZ 08-000084) APPLICANT: MELODY PARONG REQUEST: RE-20 TO RS-15 TAX MAP KEY: 1-7-16:28 Darryl J. Oliveira Fire Cleie( Glen P.I. Honda Depum £ire Chie( We have no comments to offer at this time in reference to the above-mentioned Change of Zone application request. RRYL OLIVEIRA Fire Chief JCPapc Planning Dept. Exhibit 5 ~5..._ ~ _ ]q• ~ '®46~~b :~ ~ 2DC6'a~1K'm1 r " ? .L `, ~ ~ ,?,nFN 1 vVI,PVI Y i,.a Ylf,vUY11i Bobby Jean Leithead Todd Do-ecmr Nelson Ho Deputy Director (~nixrcf~r of ~tt£t~tti`i DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street Hilo, Hawaii 96720 ' (808) 961-8083 ~ Fax (808) 961-8086 htta://co.hawaii hi us/directory/tlir envmne htm MEMOR,9NDUM Date September 29, 2008 To CHRISTOPHER YUEN, Planning Director From: BOBBY JEAN LEiTHEAD TODD, Director/ Subject: Change of Zone Application (REZ 08-000084) Applicant: Melody Parong Request: RS-20 to RS-15 TMK: 1-7-16:28 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: vVASTEWATER COMMENTS: N/A ( ) No comments ( )Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii County Code. ( )Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawaii County Code. Complete D.E.M. Sewer Extension Application. ( )Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawaii County Code, ( )Other: ;~I'ECHNICAL SERVICES COMMENTS:_ NO Cs: ~,J-L~ 5iwtyr, Qrrn~.,u~~ i=r~,~ llyL~-~.. SOLID WASTE COMMENTS: ( ) No comments (~) Commercial operations, State and Federal agencies, religious entities and non-profit. organizations may not use transfer stations for disposal. (}~) Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. (~ 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. (~i) Construction and demolition waste is prohibited at all County Transfer Stations. (~ Submit Solid Waste Management Plan in accordance with attached guidelines. ( )Existing Solid Waste Management Plan is to be followed. Provi a up a to the department on current status. ( )Other: c: SWD, ,,,,Planning Dept. Exhibit ~ County of Hawaii is an Equal Opportunity Bobby Jean Leithead-Todd Director Harry Kim Mayor Nelson Ho Deputy Director ~LIIli1C~~1 O~~tl~lx2Xt t DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuoi S[reet. 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. 4. Identification of the proposed disposal site and transportation methods for the various components of the waste disposal and recycling system, including the number of truck traffic and the route that truck will be using to transport the waste and recycled materials. Solid Waste Management Plan Guidelines Page 2 of 2 5. The report will include any impacts to County waste and recycling facilities, and the appropriate mitigation measures. All recommendations and mitigation measures will be addressed. 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: ~)'w~.~r- T~~ Bobby Jean Leithead-Todd DIRECTOR 10/13/03 Revised 09/14/07 Hewai'i County is an Equal Opportunity Provider and Employer. Han . ,~~~~T ~ ~~~ , ~ p~ ' ~~UI I r ., ~ I i v~F',li October O1, 2008 MEMORANDUM ,MVV os ,,, ~~~Jy, °i'~! ~ 4a Sri or'w~'P QCotattp of ; abuati OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT 50 Wailnku Drive • Hilo, Hawaii 96720-2456 V(IT (808) 961-8379 • FAX (808) 961-8685 Edwin S. Taira Housing Adminis[r'o[or T0: Chris Yuen, Director Planning Department FROM: Edwin S. Taira Housing Admini trator "-----~ -, SUBJECT: Change of Zone Application (REZ 08-000084) Applicant: Melody Parong Request: RS-20 to RS-15 Tax Map Key: (3) 1-7-016:028 The Office of Housing and Community Development has application and determined that Affordable Housing not applicable to the request for Change of Zone. Thank you for the opportunity to comment. 1669pasr reviewed the Conditions are 1)l T _ )pp ., . ~~- Planning Dept. EQUAL HOUSING OPPORTUNITY ~'~'t ~ "HAWAI'ICOUNTY IS AN EDUAL OPPORTUNITY ~~//UU ~, PROVIDER AND EMPLOYER" LINDA LMGLE AT 1 ( E GOVEWJOROF HgWgll S4Et { q 1 F~`-+tl 1 $€ r tl pE~darw Na,o ~ ~ I Iry~ M >. C~ ld, En L _ .~ vt. [~,~j ~I I .~~ ..f S f~jf m u.rvni.vd'5 i'U....ze.:1 Y `~ STATE OF HAWAII sra4otnaw~ DEPARTMENT OF LAND AND NATURAL RESOURCES - STATE HISTORIC PRESERVATION DIVISION 601 KAMOKILA BOULEVARD, ROOM 555 KAPOLEI, HAWAII 96707 October 14, 2008 Christopher J. Yuen, Planning Director County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-4224 Dear Mr. Yuen: LAURA D. THIELEN CNAdpE0.50N BOARV OFUNp qNp NAILMLRF$OL0.CE5 coMMas~oN ox wAIFn eBSOImrF Mu~acFnm+r RUSSELL Y. TS WI iNSTOEPVTY KEN C KAWAHARA 0 VTYBRECl00.-WATp{ AQUATIC PF90VRCF5 60ATP`f ANp OCFAN PECIIFAnON OUREgV OFCONVEYANCF} COMMISSION ON WAI£RRE$pURCEMVIgCFAOtf coNSFxvanoNANO COASru.uvos coxsBRVwnoNANB xESONncss6NPORCEMFNT BxcwEExwp Fousnv Armwvnun; 1B$lI1NCPPFSERVAnON NAxpouwe suNB usExvB conumsslox uem ' 3TATB PPRILS LOG NO: 2008.4453 DOC NO: 0810MD1 I Archaeology SUBJECT: Chapter 6E-42 Historic Preservation Review - Request for Comment on a Change of Zone Application (REZ 08-000084) Kea'au Ahupua'a, Puna District, Island of Hawau TMK:f311-7-016:028 Thank you for the opportututy to comment on the aforementioned project, which we received on October 7, 2008. We determine that no historic properties will be affected by this project because: ^ Intensive cultivation has altered the land ® Residential development/urbanization 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: No additional development is currently proposed under this change ofzone application. 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) 933- 7650. If you have questions about this letter please contact Morgan Davis at (808) 933-7650. Aloha, ~~~~ ~~~~ Nancy McMahon, Deputy SHPO/State Archaeologist and Historic Preservation Manager State Historic Preservation Division Planning Dept. Exhibit n; rM(i, )008 ..~ F...;~9 . ~ E LA'DA LINGLE CAVERNOR OF NgWgll , y. a~e,~~l a'~yv ~i?G~ OCT 7 Pik ? 15 ~~ ~ o~~and antl Na~l/'~G~/r\~TY al ~ i Y ~ ~~ l :l- -~f~i1/~~1~~ °pjoiueoSw'~° o . ` STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DNISION 2 s/ateatri~p0 POST OFFICE BOX 62l HONOLULU, HAWAII 96809 October 3, 2008 Coanty of Hawaii Planning Department 101 Pauahi Street Suite 3 Hilo, Hawaii 96720 LAURA H. THIELEN LHAIRVERSON ~OgRp OF LANOANp NANMt RESOVRCES COMIJJSSION ON WATER RE50VRCE MANAGEIv~Nt Attention: Mr. Norman Hayashi Gentlemen: Subject: Special Permit Application (SPP 08-000069) Change of Zone Application (REZ 08-000084) ~c~ t.~ Thank you for the opportunity to review and comment on the subject matter. The Deparment 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, 'Morris M. Atta `Administrator Planning Dept. Exhibit __ ~____ ~ !~ `4e~ 3°~ j b LINDA LINGLE GOVERNOR ~`~?i 6(;~' ? Pi'1 ~ 1 ~ ~... ItJvT ,~,,~ ~, „~. i~U~ii"'ll ~i lit- i-./~'J V~h~~' MEMORANDUM DATE: October 6, 2008 c °`M' ~~959 a ~, y r'. ,j,. YS ~ E 1 ~ 1f ,~<. . maaa:®'isti'uu~.. STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 TO: Christopher J. Yuen Planning Director, County of Hawaii FROM: Newton Inouye Y~- Acting District Environmental Health Program Chief t SUBJECT: Change of Zone Application (REZ 08-000084) Applicant: Melody Parong Request: RS-20 to RS-15 Tax Map Key: 1-7-16:28 CHIYOME L. FUKINO, M.D. Dlrecmr of Health The Health Department found no environmental health concerns with regulatory implications in the submittals. We recommend that you review all of the Standard Comments on our website: http://hawaii eov/health'environmental/env-planning/landuse/landuse html. Any comments specifically applicable to this project should be adhered to. WORD:REZ 08-000084.at Planning Dept. Exhibit /~ SCANNED ~,; °~T4~6~ ~°~ 3 LINDA LINGLE GOVERNOR pR E...~.-~-`V lif ,~ Y i~ ' `'2~e o° s~6W 5;~' STATE OF HAWAII DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813-5097 November 3, 2008 Mr. Christopher J. Yuen, Director County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-4224 Dear Mr. Yuen: BRENNON T. MORIOKA DIRECTOR Deputy Directors MICHAEL D. FORMBY FRANCIS PAUL KEENO BRIAN H. SEKIGUCHI JIRO SUMADA IN REPLY REFER T0: HVJY-PS 2.9695 Subject: Change of Zone Application (REZ 08-000084), RS-20 to RS-15, Melody Parong Hawaii, Puna District, Keaau, TMK: (3) 1-7-016: 028 Thank you for the opportunity to review the subject application. We have the following comments: 1. The driveway access within the State highway right of way should be reconstructed to current standards; 2. Plans for work within the State right of way must be submitted to the Hawaii District Office for review and approval; 3. A permit is required for work within the State highway right of way; 4. Highway improvements required for this application shall be provided at no cost to the State and shall conform to Hawaii Statewide Uniform Desien Manual for Streets and Hiehwa~ and the Specifications for Installation of Miscellaneous Improvements within State Hiehwavs; 5. No additional storm water shall be allowed onto the State's right of way; and 6. Applicant shall comply with the National Pollutant Discharge Elimination System (NPDES) permit requirements for construction activity disturbing one (1) or more acres of total land area. If you have any questions, please contact Ken Tatsuguchi, Head Planning Engineer, at (808) 587-1830. Please refer to file review number 08-353 in all contacts and correspondence regarding these comments. Very truly y-ours, c„ BRENNON T. MORIOKA, Ph.D., P.E. planning Dept. r ~~~~~~~ /u~- Director of Transportation !, ~~~f~7~~ i Exhibit I ~y~_._____~.___ 2~Q8 rtCill ~ P(~ ? sy ~~i~,NPJi~Ii; f.)(~I-'~~.~TI~nENT ~OI.N (r Ur HAWAII ,' AParongREZ.doc-11 /21 /08 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION MELODY.PARONG CHANGE OF ZONE APPLICATION tREZ 08-0000841 .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 ptililic 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 Single-Family Residentia120,000 square feet (RS-20) tg Single-Family Residential 15;000 square feet (RS-.15) to~allow the subdivision ofthe,property into two lots; one lot approximately 18;770 square feet in size, (Lot 12-A), and the other (Lot 12-B) approximately 17,080 square feet in size: The property is co-owned by the applicant, her husband and the applidant's parents. As part of estate planning, the applicant requests the rezoning to subdivide the property should. there be any issues as to ownership after the parents' passing. The applicant proposes to convert the two existing dwellings on proposed Lot 12-A into a single family dwelling unit by connecting the two structures and removing the kitchen in one of the two dwellings. 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 anil 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 requested change of zone conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The property is designated Low Density Urban, which reflects uses that aze single-family residential in character. The Change of Zone request from RS-20 to RS-I S conforms to the goals, policies and standards of the General Plan Economic and Land Use Elements. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies; standazds and courses of action to accommodate growth without congestion, to designate and preserve the ]ands 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 inthe,County in the best interest of the island's residents. Land Use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The proposed Change of Zone will conform to, among others, the goals, policies and standards of the Land Use and Housing Elements of the General Plan. The property is located in the Olaa Houselots Subdivision and is approximately 35,850 square feet in size. There are two existing dwellings, storage sheds, and an aviary on the parcel. Adjacent properties to the north and south/southwest are zoned RS-20, and properties to the east/southeast are zoned A=1a. The State Land Use designation for the subject property is Urban. Therefore, the proposed change of zone would complement the existing land uses in this azea and will provide for an orderly development of the area. The Planning Director supports this rezoning request to allow atwo-lot subdivision with one home on each lot. Therefore, a condition will be included in the change of zone ordinance to prohibit a second dwelling (ohana) unit and a condominium property regime on each lot. The applicant will also be required to convert the two existing dwellings on proposed Lot 12-A into a single unit. As a result, the rezoning will -2- not increase the potential number of houses but provides the owners the option of subdividing into two lots. All utilities and services are available to the site. County water is available to the site. There is a septic tank and a cesspool on the site. Electricity and telephone services aze available to the property. Police and fire stations aze located in Keaau. Access to the site is from Volcano Road to TMK: 1-7-16: SQ an approximately .23-acre roadway lot. The applicant has,provided documentation in the form of a quitclaim deed allowing use of the parcel for roadway access and utility purposes. The Department of Public Works (DPW) provided no comment with respect to the use of the roadway lot for access purposes. Access to the property shall meet with the requirements of the Department of Transportation. The propertyhas no severe geological or topographical problems which.cannot be rectified or which would render the land unusable. The project site is located in 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. As the property is improved, no professional surveys were conducted of the site. The applicant states that there aze no known endangered species on the parcel. The property is improved with two dwellings, sheds, aviary and landscaping. No professional archaeological survey or cultural assessments were conducted of the property. According to the applicant, the parcel is not listed on either the National or State Register of Historic Places, and there are no known archaeological, cultural or historic sites on the property. In a letter dated June 3, 2008, the Department of Land and Natural Resources Historic Preservation Division (DLNR-HI'D) has stated that "rezoning of the property will not result in any additional impacts to historic properties, if they exist on the property." The DLNR-HPD has also indicated that "residential development/urbanization and previous grubbing/grading has altered the land; no historic properties will be affected by this project." The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not located in the Special -3- Management Area. The project site is located approximately six 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 applicant; no valued cultural, historical or natural tesources 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. Based on the above, the approval of this change of zone request from Single- Family Residential - 20,000 square feet (RS-20) to Single-Family Residential 15,000 - square feet (RS-15) would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. The accompanying draft bill to amend Section 25-8-24 (Kurtistown Zorie 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- CParoogaEZ.dac- 11/21/08 MELODY PARONG CHANGE OF ZONE APPLICATION (REZ 08-000084) CONDITIONS OF APPROVAL A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. A water commitment deposit in accordance with the "Water Commitment Guidelines Policy" of the Department of Water Supply shall be submitted to the Department of Water Supply within 180 days from the effective date of this ordinance. C. Final Subdivision Approval shall be secured within five (5) years from the effective date of this ordinance. D. The two existing dwellings on proposed Lot 12-A shall be converted into a single residential unit. The kitchen in one of the dwellings shall be removed. The conversion shall occur prior to the issuance of Final Subdivision Approval. E. Restrictive covenants in the deeds of all the proposed lots shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owners of the property may also impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State of Hawaii Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. F. Access to the property shall meet with the requirements of the Department of Transportation. G. All development-generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. If required by the Department of Public Works, a drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works. Any recommended drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to issuance of Final Subdivision Approval. H. 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. I. The method of sewage disposal shall meet with the requirements of the Department of Health. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources - StateHistoric Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR- HPD when it finds that sufficient mitigation measures have been taken. K. The applicants shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire, police, solid.waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval. The fair share contribution shall be for the additional lot to be created.. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair shaze contribution may be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a combined value of $11,506.13 for the additional single family residential unit. The fair share contribution per single family residential unit shall be allocated as follows: $5,548.46 per single family residential unit to the County to support park and recreational improvements and facilities; 2. $267.66 per single family residential unit to the County to support police facilities; -2- $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 $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 pazks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. L. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. M. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. N. An initial extension of time for the performance of conditions within the ordinance 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 are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed -3- within one year may be extended for up to one additional year). 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. -a- COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO. ,,, /~ AN ORDINANCE AMENDING SECTION 25-8-24 (KURTISTOWN ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL - 20,000 SQUARE FEET (RS-20) TO SINGLE FAMILY RESIDENTIAL - 15,000 SQUARE FEET (RS-15) AT KEAAU, PUNA, HAWAII, COVERED BY TAX MAP KEY 1-7-016:028. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-24, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), is amended to change the district classification ofproperty described hereinafter as follows: The district classification of the following area situated at Keaau, Puna, Hawaii, shall be Single Family Residential -15,000 square feet (RS-15): Beginning at the North comer of this lot and on the South side of the Plantation Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "OLAA"being 566.90 feet North and 1007.00 feet East, and running by azimuths measured clockwise from true South: 275° 12' 138.96 feet along the South side of the Plantation Road to a pipe; 2. 23° 09' 277.52 feet to the West comer of Fred Roman's lot; 100° 16' 135.61 feet along boundary of Fred Roman to a pipe; 4. 203° 09' 264.92 feet along Lots 11 and 10 of this house lot subdivision to the point of beginning; and containing an Area of 0.823 acre, more or less. -1- 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) Ful£llment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawai `i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -2- is a A-20a S~ ~F4G4 3P A-0a L ~ H o RS-20 ST i N . , o y Q c U T ~0 3 JQ RS-20 g 1a SINGLE•FAMILY RESIDENTIAL 20,000 SQUARE FEET (RS•20) TO SINGLE•FAMILY RESIDENTIAL 15,000 SQUARE FEET (RS-15) 566.90 N mozoo e 35,85080. FL "oLAA" road) y~{{hh P ~{I~m~I~I'3I~ A~iST ~~ I ~ , y, K~,y4iN4 RO q '~~ ' {~ k A-1a RS-20 A-ia QV ~~ p~~ Y ~~ A-fa RS-f0 A-5a RS 0 0 225 450 900 ~ 1,350 1,800 'Feet AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-24 (KURTISTOWN ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE. HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL 20,000 SQUARE FEET (RS-20) TO SINGLE-FAMILY RESIDENTIAL 15,000 SQUARE FEET (RS-15) AT KEAAU, PUNA, HAWAII MAP PRFPAREDXY MK. 1-7-016.028 COUNTYOF HAWAq PLANN/NG DEPARTMENT DATE. Se tember 24, 2008 EXHIBIT "A" tMeiedvParorly.lzsl~