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HomeMy WebLinkAboutCOM 0556.000 2008-2010 William P. Kenoi Mayor William T. Takaba Managing Director Wally Lau Deputy Managing Director County of Hawaj'j 891 U1ulani Street. Hila, Hawai'i 96720-3982 . (808) 961-8211 . Fax (808) 961-6553 KaNA: 75-5706 Kuakini Highway, Suite 103 . Kailua-Kana, Hawai'i 96740 (808) 329-5226 . Fax (808) 326-5663 September 28, 2009 o Oc) C' zO ~~ ~ $ Cf) rn -0 c..:> (;:) :0 rn (") ,,'t" Honorable J Yoshimoto, Chairman and Members of the County Council County ofHawai'i 333 Kilauea Avenue Hilo, HI 96720 ::D ::3 cj;;) (j) .J: ............... ,.. <-.... rf~ CJ Dear Chairman Yoshimoto and Members: I Change of Zone Application (REZ 09-000099) Applicant: Edward Nagata Request: A-3a to FA-la Tax Map Key: 2-4-31:8 Planning Director Initiated Amendment to LUPAG Map 11 of the County of Hawai'i General Plan (Ordinance No. 05 25, As Amended) As required by Chapter 4, Sec. 6-4.3(C), Hawai'i County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above-referenced requests. Sincerely, t)~5~)~ William P. Kenoi Mayor Enclosures cc: Planning Department It?>,'l( l5S) Comm. No. ~ S' (0 Ref. To: ~C,; Ref. Date SEP ~ () LUll" ~ County of Hawai'i PLANNING COMMISSION Aupuni Center. 101 Pauahi Street, Suite 3 . Hila, Hawai'i 96720 Phone (808) 961-8288 . Fax (808) 961-8742 September 28, 2009 The Honorable J Yoshimoto, Chairman and Members of the County Council County of Hawai'i 333 KIlauea Avenue, 2nd Floor Hilo, HI 96720 Dear Chairman Yoshimoto and Council Members: Change of Zone Application (REZ 09-000099) Applicant: Edward Nagata Request: A-3a to FA-la Tax Map Key: 2-4-31:8 """-> 8 c.cI' CD rn """'0 c..:l 0' ::D :3 <..D G..) eft The Windward Planning Commission, after a duly held public hearing on September 4, 2009, voted to recommend for your approval the proposed legislative bill for a change of zone from an Agricultural- 3 acre (A-3a) to a Family Agricultural-l acre (FA-l a) zoned district for approximately 5.50 acres ofland. The property is located along the southeast side of Ainaola Drive, approximately 1,200 feet west of the Ainaloa Drive-Ainalako Road intersection, Waiakea Homestead 2nd Series, South Hilo, Hawai'i. 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 Agricultural 3-acre (A-3a) to Family Agricultural I-acre (FA-l a) for approximately 5.50 acres ofland in order to allow subdivision of the property into approximately four lots which would be distributed to family members. Hawai'i County is an Equal Opportunity Provider and Employer The Honorable J Yoshimoto, Chairman and Members of the County Council Page 2 The change of zone request from A-3a to FA-la will conform to, among others, the Land Use element and Land Use Pattern Allocation Guide (LUPAG) Map of the General Plan. 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 be also considered as they may have an impact on similar areas in the County. The Land Use- Agriculture element of the plan seeks to protect and maintain important agricultural lands from urban encroachment. However, the subject property is not classified as important agricultural land and has not been in agricultural use since it was cultivated for sugar. In fact the LUP AG Map, which establishes the basic urban and non-urban form for areas within the County designates the subject property as Low Density Urban which allows for residential uses with an overall density of up to six units per acre, ancillary community and public uses, and neighborhood and convenience-type commercial uses. The purpose of the Family Agricultural district, according to the Zoning Code, is to provide for a blend of small-scale agricultural operations associated with residential activities which may be characterized by farm estates, small acreage farms, or subsistence lots in areas where public services and infrastructure are appropriate to support the very low density residential needs of the community and where a substantial number of surrounding parcels are less than five acres in size. Surrounding properties in the general area of the subject property are in residential and agricultural use. With the exception of lots to the south ranging in size from four to ten acres, most of the agricultural lots in the area are less than 2 acres in size. Based on the above, a change of zone to the FA district classification is appropriate in this area and the request is consistent with the General Plan as it will not diminish the potential for future agricultural uses on the property and will remain consistent with the LUP AG designation for this area. All essential utilities and services are available to the site. Access to the property is from Ainaola Drive, a paved two-lane County road within a 50-foot wide right-of-way. The City ofHilo Zone Map designates Ainaola Drive as an SO-foot wide right-of-way; therefore, a condition of approval will require the applicant provide a 15- foot wide future road widening strip to the County prior to final subdivision approval. According to the Department of Water Supply, water can be made available to the property via an existing S-inch waterline within Ainaola Drive. The applicant will install service lateral water meter(s) as required by the Department of Water Supply to provide water to any future lots created by subdivision. As there is no municipal sewer system in The Honorable J Yoshimoto, Chairman and Members of the County Council Page 3 the area, wastewater will be disposed of into individual wastewater systems meeting the standards and requirements of the State Department of Health. Solid waste will be disposed of by commercial haulers or individual homeowners into an approved landfill. Electrical and telephone services are available to the site. Police services are located about 4 miles away in downtown Hilo and fire services area located within 2 miles of the property on Kawai 1 ani Street. Medical services are available in Hilo. To limit the cumulative impact of the proposed subdivision on area infrastructure, a condition of approval will prohibit a second dwelling and condominium property regime on each lot. The request is not contrary to Chapter 20SA, Hawai'i Revised Statutes, relating to Coastal Zone Management Area. The subject property is located over four miles from the shoreline and is not in the Special Management Area. Thus, the property will not be affected by coastal hazards and beach erosion. There are no identified recreational resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources on the subject property. In view of the Hawai'i State Supreme Court's "PASH" and "Ka Pa 'akai 0 Ka 'Aina " decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: . Investigation of valued resources: No formal archaeological reconnaissance survey, oral history of kama 'a in a accounts of the area, historical survey of documentary records, or botanical study was included in the application. . The valued cultural, historical, and natural resources found in the rezoning area: The property has been used for the cultivation of sugarcane in the past and is currently used for residential purposes. As such, it is anticipated that no historic properties will be affected. In a letter dated October 31, 2008, the State Department of Land and Natural Resources Historic Preservation Division (SHPD) stated that no historic properties will be affected by this undertaking because intensive cultivation has altered the land. A condition of the change of zone will require that the applicant cease work and notify the SHPD should any unanticipated archaeological features or sites be uncovered during the course of development. . Possible adverse effect or impairment of valued resources: Native plants may be destroyed by ground alteration. There is no evidence that the flora in the area are particularly desired or used for cultural practices. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 4 . Feasible actions to protect native Hawaiian rights: As stated by the applicants, no gathering is taking place on the site. Thus, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. Based on the above findings, the approval of the Change of Zone request from an Agricultural (A-3a) to a Family Agricultural (FA-l a) zoned district would result in an appropriate land use pattern that will further benefit the public. For your favorable consideration, an amendment to Section 25-8-33 (City ofHilo Zone Map), of the County Zoning Code is transmitted. Please note that the Windward Planning Commission looks favorably upon allowing the i5-foot future road widening strip required by Condition F to be credited towards the fair share requirements in Condition M. We are enclosing copies of the staff Background and Planning Director's Recommendation as well as the hearing transcript for your information. Sincerely, ~t;~ Rell Woodward, Chairman Windward Planning Commission Lnagata02PC Enclosures cc: Mr. Edward Nagata Department of Public Works Department of Water Supply Department of Land & Natural Resources-HPD DOT-Highways, Honolulu Lincoln Ashida, Esq., Corporation Counsel BNagataREZ.mJc-8t5iu'J ,) COUNTY OF HAW AI'I PLANNING DEPARTMENT BACKGROUND REPORT EDWARD NAGATA CHANGE OF ZONE APPLICATION (REZ 09-99) EDWARD NAGATA has submitted an application for a Change of Zone from an Agricultural3-acre (A-3a) to a Family Agricultural I-acre (FA-1 a) zoned district for approximately 5.50 acres of land. The property is located along the southeast side of Ainaola Drive, approximately 1,200 feet west of the Ainaloa Drive - Ainalako Road intersection, Waiakea Homestead 2nd Series, South Hilo, Hawai'i, TMK: 2-4-31 :08. PROPOSED ACTION 1. Request: Change of zone from Agricultural3-acre (A-3a) to a Family Agricultural 1- acre (FA-la). The applicant is requesting a change of zone in order to subdivide the . property into approximately 4 lots which would be distributed to family members. The existing single-family dwelling and accessory buildings would be incorporated into the subdivision design of one of the lots. Upon approval of the change of zone, the applicant intends to begin the subdivision process and complete tentative plans by 2012. (Planning Department Exhibit 1 - Change of Zone Application) 2. Landowner: Edwin Y. Nagata Trust STATE AND COUNTY PLANS 3. State Land Use Designation: Agricultural.- 4. County Zoning: Agricultural-3 acres (A-3a). 5. GP LUPAG Map: Low Density Urban. 6. Hilo Community Development Plan (CDP): The Hilo Community Development Plan adopted by Planning Commission Resolution No.1 on May 21, 1975 identifies the area as A-3a and an area for alternate residential expansion. DESCRIPTION OF SUBJECT PROPERTIES AND SURROUNDING AREA 7. Subject Property: The subject property( is irregular in shape and slopes gently downhill to the southeast. There are several structures on the property which include a dwelling and attached garage, warehouse, bathhouse, storage shed, tractor shack and piggery- Camn. 556 Bill 155 ( chicken coop building. The property is not currently in agricultural use but has approximately one acre of anthurium plants growing wild. 8. Surrounding Zoning/Land Uses: Surrounding properties in the general area are in residential and agricultural use with lots to the east and west zoned A-la and lots to the north zoned RS-l 0 and A-3a. Larger parcels ranging from four to ten acres in size are located to the south and zoned A-3a. 9. ALISH: Unclassified. 10. Land Study Bureau's Detailed Land Classification System: "C" or "Pair". 11. U.S. Soil Survey: Olaa extremely stony silty clay loam, 0 to 20 percent slopes (OlD). Permeability is rapid, runoff is slow, and the erosion hazard is slight. This soil type was used for sugarcane. 12. FIRM: Zone "X", area determined to be outside the 500-year flood plain. 13. Fwra/Fauna Resources: No professional surveys were conducted of the site as the property has been previously graded for sugarcane cultivation and residential use. Existing flora includes various fruit trees, '6hi'a, ti leaf, and other non-native plants. According to the applicant, it is unlikely that any rare or endangered floral or faunal resources would be found on the subject property. 14. Historical/Archaeological Resources: The property has been used for sugarcane cultivation and cattle grazing for over 60 years. In a letter dated October 31,2008, the DLNR State Historic Preservation Division determined that no historic properties will be affected because intensive sugarcane cultivation has altered the land. 15. Cultural or Native Gathering Rights: The applicant is not aware of whether the property was historically used for the gathering of plants by cultural practitioners. However, in the unlikely event that legitimate gathering claims are made by Native Hawaiians, the applicant will honor and respect such claims and provide the needed access within the property. 16. Public Access: There is no record ofa designated public access to the shoreline or mountain areas that traverses the properties. PUBLIC UTILITIES AND SERVICES 17. Access: Access to the property is from Ainaola Drive, a paved two-lane County roadway with a right-of-way width of 50 feet. The City ofHilo Zone Map designates Ainaola -2- ( Drive as an 80-foot right-of-way width. Should the change of zoning be approved, the applicant will provide access to all subdivided lots via a private. road or easement. 18. Water: County water is available to the property. 19. Wastewater System: There is no municipal sewer system available in the area. Wastewater will be disposed of through individual wastewater systems meeting with the approval of the Department of Health. 20. Solid Waste: Solid waste will be disposed of at an authorized landfill by commercial haulers or individual homeowners. 21. Essential Utilities and Services: Electrical and telephone services are available to the property. Police services are located in downtown Hilo, about 4 milesfroin the property. Fire services are located within 2 miles on Kawailani Drive. Medical services are available in Hilo. AGENCIES' AND ORGANIZATIONS' COMMENTS 22. Department of Public Works: P.D. Exhibit 2 - July 24, 2009 memo 23. Department of Environmental Management: P.D. Exhibit 3 - June 29,2009 memo 24. Police Department: P.D. Exhibit 4 - July 15, 2009 memo 25. Department of Health: P.D. Exhibit 5 - July 1, 2009 memo 26. Department of Water Supply: P.D. Exhibit 6 - July 31,2009 memo AGENCIES - NO COMMENTS OR OBJECTIONS 27. Fire Department, DLNR Land Division AGENCIES - NO RESPONSES 28. DLNR Historic Preservation Division, Department of Agriculture, NRCS, USFWS, HELCO PUBLIC COMMENTS 29. P.D. Exhibit 7 - Letter dated April 13, 2009 from Jacunski Family Partners II to the Planning Department -3- I (~' APPLICATION FOR COUNTY REZONING A-3a to FA-la EDWARD NAGATA W AIAKEA HOh1ESTEADS SOUTH HILO, HA WAIl TAX MAP KEY 2-4-031-008 Prepared By: Edward Nagata February 2009 1 ( ',- > -~ H ....~ 1 '. " ) , ~ .., I.t 1 - i ~ Planning Dept. Exhibit---L- (. (: " . CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Edwa.rd Na..ga.:tQ. APPLICANT'S SIGNATURE: ~Jl Yla..g;;tQ, DATE: ;2.-15"-09 ADDRESS: 713 A'hClO/a.. j)~ J-lilo1 H,' 9{,7J..O-37J.'/- LIST APPLICANT'S INTEREST IF NOT OWNER: / A G r.e.. LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (Res.) (Fax) LANDOWNER(S}: ~duJi~'1 Y NQgcd-a.. "TFust LANDOWNERSIGNATURE(S): 4~~. L 1A~~ DATE: 2.{zsltJ ( A.' (ay be by letter) . LANDOWNER(S} ADDRESS: 857 I ho"Olo....lJr 1-1//0 i 1-1- / 96720 - 3 7:2. if. . REQUEST: A- - 3 C\ TO F A- I a..- (Existing zoning) . (Proposed Zoning) TAX MAP KEY: 2.- '1-031'- 008 STREET ADDRESS OF PROPERTY: AihClO/CL "Dr. "C g57 Ai/'J ao/a.. 'VI..- SIZE OF PROPERTY OR AFFECTED AREA(S) TO BEREZONED: 5 . 50 A c ,... e...S AGENT: ADDRESS: TELEPHONE: (Bus.) (Res.) (Fax ) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: COPIES: (See Instructions on Reverse Side) 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? hje{ b. Sell or lease the land to someone who has tentative plans? h/C{ c. Sell or lease the land to someone who has no plans? hjC( d. Keep it? Yet, e. Other (please state) F"' \ . ( '- ATTACHMENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? 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? b. Into what lot sizes? c. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? d. Do you intend to build houses on the newly created lots? If yes, please answer the following questions: On how many of those lots? At what approximate price range? House Lot Total 4 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. P.D. 2 5/84 ~~ hi a.. 5.5D / .t-acf-es 90 da.<js .ho hIt:{ .7 17/a.. h/ct- 1)1 a- o/Ct o.-+ta.c.h e.el ( c f. If you intend to do either a, b, c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? 110 How? 4. Are there any buildings on the subject area? If so, what kind? SI~SIe. - fa..~,JB duJe.II"/l~ j .she..! P/Sg€.bj ~Chl'c.kelt COOp. yeS What do you intend to do with those buildings if your req~est is approv~d? r~e., bui/dli1Ss f.th'// be ihCorpora..fed Infl> -the. 5a.bdfVIS iOh deSI8h of ohe o.p. the. lor. 5. Is the subject land currently being used for any agricultural activity? . Jzo If so, please list the kinds of products grown and on how many square feet or acres of land per product. . hote.l Iheir- IS a.fnlDSl- fcrcl-e- o-P QhfhUl-'lilYh s t;jrowlhS W'dd UhJe\- -tile. hap(,v.pel~h5 6. Was your request to allow for the creation of smaller agricultural lots? yeS nit{ o/et If so, did your plan include the following considerations? a. Commodity to be produced? What kinds of commodity? b. Suitablility of the proposed lot-size for that commodity? o/tt. hj~ c. Sufficient farm size to allow reasonable chance of success in commercial agriculture? -2- f' \, ( " d. Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? I7j Cl Please state the proposed type of arrangement. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. /)/~ If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. To divl'de.. Ia.rge. /0" al'>1Dh!] si bJII~S hA 7. To Yhour kbn?Wledge, h?as there been any flooding and/or drainage problem ,,'hi) on t e su Ject area. If so, please describe the problem. 8. Do you think that the roads leading to the subject area needs improvements? ho If so, what kind? Is the road adequate for the proposed traffic volume or load? &es 9. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools no b. Roads ho Ao ho c. Sewer d. Drainage -3- (-, e. Police Protection f. Fire Protection g. Recreational Facilities h. Public Utilities i. Other ( Yes No tw /10 ho ho ho For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. Signature: Address: Telephone: Date: ~Yl ~ . aq 11;.,& 'J-,. 1q3 ~'~I_ ,t 9fo1Jo 159 (pI 53 A-;l..5-0C( -4- (- ( COUNTY ENVIORNMENTAL REPORT COUTYREZONING REQUEST (A-3a to FA-la) EDWARD NAGATA W AIAKEA HOMESTEADS, SOUTH HILO, HA WAIl TAX MAP KEY 2-4-031-008 I. A. SUBJECT REQUEST INTRODUCTION The applicant Edward Nagata, is requesting to have a 5.50 acre parcel rezoned from Agriculture (A-3a) to FA-la in WaiakeaHomesteads, South Hilo,'Hawaii. The property is located on the south side of Ainaola Drive, near its intersection with Hale Hooko ' Street. If approved, the applicant intends to subdivide the subject site into 4 lots, with a minimum of 1 acres. The existing single family dwelling and buildings on the property will be incorporated into the subd.ivisigudesign of the lot. The 4 lots will than be distributed to family members (brothers and sisters). All 4 of the proposed lots would get its access from Ainaola Drive over a private road with a minimum of 16-foot wide' pavement within a 20-foot wide right-of-way. B. PROJECT LOCATION The project area is located on the south side of Ainaola Dive in Waiakea Homesteads, South Hilo. The intersection of Hale Hooko Street is approximately 400 feet to its west. Traffic impact from the 4 proposed lots would at best be minimal. During the weekdays traffic is a bit high in the early morning and late afternoon. C. PROJECT DISCRIPTION The applicant is proposing to develop a 4 lot family agriculture subdivision. The applicant is proposing to have 4 of the lots serviced from Ainaola Drive over a private road with a minimum 16-foot wide pavement within a 20-foot wide right-of-way. The applicant would construct the private road. The applicant understands that the subdivision plan submitted herein may change prior to receipt of final subdivision approval to accommodate County subdivision requirements, appropriate conditions of zoning approval D. PROJECT TIMETABLE AND COST The applicant hopes to secure the necessary County rezoning approval as soon as possible and begin the subdivision and developm~t proce.ss thereafter. Tentatively plans completion around 2012. 2 (', ( The cost of the improvements is estimated at $100,000 plus. II. INSTITUTIONAL CONSIDERATIONS A. STATE LAND USE The subject area is designated agricultural. As such, to effectuate this project, no State Land Use Commission action is required. B. COUNTY GENERAL PLAN The County General Plan Land Use Pattern Allocation Guide (LUP AG) map designates the site Low Density Urban. The Hawaii County General Plan is the County's comprehensive land use policy for guiding long-range development on the Island of Hawaii. It specifies goals" policies, and standards of development for the most desirable land uses on the island. The General Plan's associated Land Use Pattern Allocation Guide (LUPAG) Map Designates the general allocation of the various desired land uses, such as urban, residential, recreational, agricultural, resort commercial and industriaL The FA (family agricultural) district provides for a blend of small-scale agricultural operations associated with residential activities. In addition, this district is intended to be primarily comprised of agricultural lands less than five acres in area, which are not classified as A or B lands under the land study bureau's master productivity rating, or classified as prim, unique, or other important agricultural lands. Provided, that this district may include lands so classified in the lands are situated within an urban expansion or other urban designation under the general plan land use patter n allocation guide (LUPAG) map. Based on the requested Family Agricultural 1 acre (FA-l a) zoning, the project would be consistent with the current and proposed General Plan. C. HILO COMMUNITY DEVELOPMENT PLAN The community Development Plan (CDP) attempts to further define the General Plan and serves as a guide for decision-makers. It was adopted by the Planning Commission in 1975. Although reviewed by the County Council, the CDDP was never adopted. D. COUNTY ZONING The proposed zoning of the subject property is A-3a. Ifapproved, the site would be subdivided in a manner meeting with both the Zoning and Subdivision Codes. Further, all uses and standards consistent with the requested FA-la would be adhered to. E. SPECIAL MANAGEMENT AREA The site is not located within the County Special Management Area (SMA). As such, no SMA Use Permit would be required. However, as the entire island falls within the State Coastal Zone Management (CZM) Area, the site is not adjacent to the ocean. It is more than five (5) miles from the 3 ~ "NO/S/A/QSI1S j ~ 1h '1 ~l: ~ i~ ! / 1~~ / L~ Jh ~ ~ ! /I .LINn " i,,~ <( ~l~ , ~ OVtZUi Ls=!:tHi ~\:~~ <>!,. .", " '" 'I ~~ 3~ ~ ~\ <;;> "-- ~ \; A.. '~O --------~"-- ~<Z"00l: ovux j i~ "n '"t .~ ~ - i.~ '" "~ S3o./?..... 4.~;;,;~Zlr ~ ...j Ii ~ ~ 1 1~m! Il~ o~m::: ~~ ~u! ~~ f'i;9~~~ \)~ ~ ~ ~~~.~ N~ m~zf ~ ILl( lI\~ 1-'" l'\~ t-. j::~IIl() \J~ () Q ~~~~ -J ~ 0: ~ ~,~ ~O'~~ ~.;= ~:i iii~l~ III ~ _, 'IJ) ,~ ~~ 'U~ :z~ ~:t \) 1= \)11\ ~ tl ~ /N'V,I1I'V:>I ~ <( ill ~ Q ~ ~ ~ ~ ~ ~ ~ ~ {'l~ ~ ~ II" ill 4~ ""'"fr" ,0;- .'LI ~I "' Jh - ~j ~ g" O:>lOOH ~ ('.':, , . "l:"~C f J ~h U"\ ",11\:< H~ "j JlU- tJ!: ffil"U HH '" ~~ ~- 4! ~~ d , 1'\;. ~ ~ ~~~ \i:!l if :!i &~ at;" ~ i~ ll- 'Vv ~ B~~ a~ ~3~ t~ n ~~~ ~'" ~ ~ ~s~ ~ 1, ~1~ '-~ !Fo-' ~l g~ : ~ ~Q 0 ~ t ~~~ ~ f ~.~. ~ In N~.a.~ t1 :a Q Q~~!!: ~ ~~ 8t1~.a' ~ ~~ w!~\ii - f it~t8'~ IllI ~ ii 1.1 :l'R!!:~ ~ a ~ h 1i~~Jt ~ ~ ~ ~- w -' ~ ~. ,. u ~ . x =-] a. "" , '" " ~ i III i ~ " ~ , , "'-> ! h~ :!: H~ ~ q '!l ~ ~ " I- 'I z ~ ~- f ~l h~ !:! "~~ ~~ ~ ~ ~ -O<:l Q ~ ~~ s ~ : i\ "" " Ij! i~ b' ; i ~:~ f I " III A. ( ( shoreline. As such the proposed action should not have any adverse impacts on the area's coastal recreational, marine resources nor have any impacts on beach protection. PHYSICAL CHARACTERISTICS AND ENVIORNMENT AL SETTING OF THE PROPERTY AND SURROUNDING AREA. General Description The elevation of the site is approximately ~50 feet above mean sea level The average annual rainfall in this area is approximately 125 inches. The wetter months tend to occur between March through September. The average annual temperature is about seventy (70) degrees Fahrenheit to the lower 80's. Because the site is situated on the windward side of the island, winds tend to be trade and variable. The subject parcel for the most part is rectangular in shape, but the front is irregular in shape. The site has 5 existing structures. 1. House, 2 story, "L" shape (1932 sq ft) Garage, rectangular shape (1092 sq ft) Warehouse, square shape (324 sq ft) Bath-house, rectangular shape (364 sq ft) 2. Storage shed, rectangle shape (70 sq ft) 3. Tractor shack, rectangular shape (216 sq ft) 4. Piggery-chicken coop building, odd shape (546 sq ft) B. NATURAL HAZARDS 1. Drainage a. The Federal Emergency Management Agency's Flood Insurance Rate Map (FIRM) designates the project site to be located in Zone "X", areas outside the 500- year flood plain. b. No Natural drainage features are found on site. 2. Volcanic Hazards The United States Geological Survey (USGS) classifies this area, as well as the entire City of HHo, in Lava Flow Hazard Zone 3, on a scale of ascending risk 9 to 1. There is very little that can be done to mitigate this salutation and reflects an ongoing threat to all residents and businesses in these areas. C. SOIL AND TOPOGRAPHY 4 (- ( " ( \ The subject site has an average slope of about two (2) percent. The land tends to slope towards the south-east. The US Department of Agriculture - National Resources Conservation Service (formerly Soil Conservation Service) Soil Survey Report classifies the soil to be of the Ola'a (OlD) series. The Ola'a series consist of well-drained, extremely stony silty clay loams which formed in volcanic ash. Permeability is rapid, runoff is slow, and the erosion hazard is slight. The Land Study Bureau Overall Master Productivity Rating for the subject area is Class "c" (CI77) or fair. This designation suggests that the site has a fair potential for agricultural productivity. The Bureau classifies the soil series "Olaa". This' series has moderately dark gray, deep soil. It is somewhat stony and is well drained but moist. The State of Hawaii's Agricultural Lands OfImportance to the State of Hawaii (ALISH) maps does not classify this site as being either "prime, unique, or other" ~griculturalland. D. NOISE. AIR QUALITY & DUST. As the site is next to Ainaola Dr, the ambient noise level relative to traffic is a little higher, especially during the week days, in the early morning and late afternoon. Nonetheless, the area is residential in character. As such, the addition of vehicular movements from sites should not generate an appreciably higher level of noise. There will, however, be short-term noise impacts associated with the construction of the infrastructure for the proposed subdivision. Contractors will be required to comply with appropriate noise and related mitigation measures of the State Department of Health. The proposed development should not generate any direct air quality impacts. The only discernible air quality impact could be associated with the construction equipment and trucks traffic to and from the site. While there will be an impact to the ambient air quality, the impact should not be significant. As such, with the exception of construction dust in the beginning, long term dust generated by the project should be minimal. Construction dust, however, like construction noise will have to comply with the State Department of Health's regulations. E. HISTORICAL/ARCHAEOLOGICAL RESOURCES As the site has been used for sugar cane, plowed, raked with a family tractor for farming and cattle grazing for over 60 years. The former clearing makes it less likely to find any archaeological features. on the site of the entire property. Nonetheless, during the course of improving the site, should any unanticipated archaeological features or sites be uncovered, work will cease and the applicant will immediately notify the Planning Department. 5 f I \ ( F. VALUEDCULTRUALRESOURCES The issue relative to native Hawaiian gathering and fishing rights must be addressed. Specifically, cultural, historical, natural resources, associated tradition and customary practices. The subject site is not adjacent and/or proximate to the shoreline. As such, gathering of marine life and coastal access is not an issue. Relative to mountain access, there are no known trails in this area. Furthermore, given its location and surrounding residential subdivisions located mauka of the subject site, no mountain access should be adversely impacted by the development of this site. It is not known weather the subject or immediate surrounding area was used in the recent past for the gathering of plants by native Hawaiians. However as' the site as been used for sugar cane, plowed, raked with a family tractor for farming, cattle grazing for over 60 years. It would appear unlikely that the site would serve such purpose today. In the unlikely event that legitimate gathering claims are made by native Hawaiians, the applicant intends to respect and honor such claims and provide the needed access within the site Based on the above, it does not appear that the project would have any potential adverse impact relative to the cultural and historical resources of the area. G. NATURAL RESOURCES 1. Flora/Fauna Although there were no professional surveys conducted of the floral or faunal resources of the site, the' applicant does not believe that rare or endangered floral or faunal resources are likely to be found within the subject site. Since the site has already been cleared for sugarcane, farming and cattle grazing for the past 60 plus years. Existing Floral: Lychee, banana, tangerine, orange, guava, coconut, avocado, mango, african tulip, ohia, pomegranate, persimmon, mountain apple, papaya, palm trees, red ginger flower, impatient, dendrobium, passion fruit, kukai maile, croton, Philippine orchid bush, hydrangea, anthuriums grown under hapu, money tree and ti leaf The site or general area is not known to be a habitat for any rare or endangered animal life. Given its elevation, however, it may be possible to find the Hawaiian Hawk l' 0 flying around. Given the disturbed and urban nature of the surrounding areas, it is quite unlikely that one would fmd endangered animal life in the area. 6 (--. .. '." \ r \~ H. WATER AND COASTAL RESOURCES The subject site is located well over 5 miles from the coastline. As such, coastal impacts resulting from discharge of wastewater systems from the site should not be significant. Further, being a non-coastal property no coastal ecosystems will be affected. I. SOCIO-ECONOMIC CHARACTERISTICS The property is a former farm for sugar cane, vegetable productions, piggery, chicken, cattle, red ginger flower and anthuriums. To the south is 10 acres of pasture land with citrus trees and bamboo trees. West, 3 single-family dwelling lot. North 1 single-family dwelling lot and two RS-20 lots. East, 4 single-family dwelling lots. The requested zoning change would have some measure of economic impact with some short term construction activity (which would provide short term employment to the construction industry). The predominate land use in this area is single-family residential with some agriculture use. Zoning is mostly 1 acre agriculture lots with some 3 acres agriculture lots. Also residential lots ranging from RSI0, RS15 and RS20. IV PUBLIC FACILITY AND SERVICES A. ROAD The project has 1 access from approved County street. Ainaola Drive with a 32ft paved road and a 60ft right of way (10 ft flood canal included in this right of way). Access to the lots form Ainaola Dr would be via a private road, consisting of a minimum width of 16 ft paved private driveway within a 20 ft right of way. I have submitted evidence of legal access rights from two property owners. B. WATER There is a County water line fronting Ainaola Dr. Those lines would be extended to service the proposed lots. According to discussions with the Department of Water Supply, water is available for the proposed 4-10t subdivision. This would be subject to the applicant's payment of the water commitment fee (one lot is already connected) c. WASTEWATER There is no county wastewater system in this area. As such a cesspool system meeting the approval of the Department of Health will be allowed. Relative to the coastal 7 c '" '" ~ , ~ . 11 I n ~-~ I ,U ~~- lo~ ~ I 8 (~) i ~ . ~:. .. ~ ~ "i 8~ .r.~" ~ ":I ; ):~ " ~i h ". ..~~. i ~ ~ ~ . < ~ , i g Ii" e . , , 0' N '" ~ ,8 , Ii ~ < i 1 , f t . . ~lf"""U ~~~~ l~~ ~~~ ~i ~ - ~ . E Ei) , . ~ 'f,!' ..; l~!.I ~ ~~l~ ~~~ -..,~~ I; " " tt:l G) ~ ~,.~",z. ~~+ l~ .0114 - ~~ -; ~ ~:t , :!~ -- <."2. 0<.'" ~ '" ~ ~ !:::ll!;! c. ..,,. ~ .. , z; ~~o() 4 " ~ '1>1 ~Ir '" '< " ~ ~ ,.,1 r c"-, \ . ~ I- < ~ =8; <> " <> Il, - '" I- < t . ~~ ~3;;::;i :: ~. "~I . .., <l 5 :e ~ ~ : )( . 2 <l ~ to- ~ I ~ ~~N: .. 8 ,c i :_~ !~ ~. "-' ~f t~~ i~ ~..~ f~ ~~ ~>~ ~i ~~ ~'<l~ " ~ "' '" 2: '" '" u ~ ~ ~ '" '" ~ 9 .. " " . ~ t :::: '" ~ ~ "," S! ~ '" lil '" c:; \11;1 iljo.;: "'!:J 'i)~ ..~ ~ ~ ~ ~ Ii 0; ~ '" e ~ 1>0 . '''U7.i~;;';'~'''.I.g ..... - - '-..,7i1fP:H7g'''SRW''')(.'.:L, . 'Jj~rlOS m......~7z.-7 (- ecosystems impacts should be negligible if at all. As the site is located about 5 miles from the ocean. D. SOLID WASTE Solid waste will be handled through commercial haulers or the individual homeowners into authorized landfill sites or transfer stations. E. OTHER GOVERNMENT SERVICES As this area is already part of the City of Hilo urban area, it is already being serviced. No extension of government services would be required. The Fire Station is located along Kawailani Street, approximately 2 miles away. The Police Station is located in downtown Hilo, approximately 4 miles from the subject site. There are public elementary, middle and high schools in this general area, all less than 3 miles from the site. There are three County parks less than 2 miles from the subject site. . . As such, the project should not result in the extension of any government services. Further, the required public facilities are located reasonably proximate to the subject site. F. OTHER UTILITIES All other utilities such as telephone, cable and electrical services, are available to the site from directly across Ainaola Drive. V. ENVIROMENT AL ASSESSMENT AND ANALYSIS A. RELATIONSHIP BETWEEN LOCAL SHORT TERM USES OF ENVIRONMENT AND MAINTENANCE AND ENHANCEMENT OF LONG TERM PRODUCTIVITY Given the 1 acre agriculture zoning nature of the general area, it would be the best development for this site. It could be used as a small scale agriculture lots or residential lots with small scale agriculture use. The property is currently a former farm, with 1 existing single family dwelling. The project will not result in any significant short or long term adverse impact to the environment. Development of the property will still be agricultural in character and consistent with the lot size of this area. B. MITIGATIVE MEASURES PROPOSED TO A VOID. MINIMIZE. RECTIFY OR REDUCE IMPACT The project will not create any significant adverse effect on the environment those potential short term adverse effect on surrounding area associated with construction activities such as noise, air quality, dust, would be reduced with implementation of 8 (~; ( appropriate mItIgative measures. Such as construction activities to daytime hours, controlling dust by watering exposed areas. C. ALTERNATIVES TO THE PROPOSED DEVELOPMENT No project alternatives. No action, the site will remain in its present condition 3a Agriculture lot with a single family dwelling. This alternative would not allow the objective of the project to be achieved and would deny the family the benefits associated with the proposed development and distribution of property. (Note: It was our father's wish that the land would be divided in this manner!) D. IRREVERSIBLE AND IRRETRIEVABLE COMMITMENTS OF NATURAL RESOURCES The major resource commitments is the land on which the project is located on. Since the site has already been disturbed in recent past! The project should not result in any irreversible commitments of natural or archaeological resources. VI. AGENCIES CONTACTED A. COUNTY Planning Department Department of Public Works Department of Water Supply Real Property B. STATE Department of Land and Natural Resources State Historic Preservation Division Department of Health 9 '. (-'; , ( March 29,2009 County Planning Department Suite 3 10 1 Pauahi St. Rilo, Hi 96720 I Hiroko G. Nagata Trust, Tax Map Key 2-4-031-002, give permission t() Edward Nagata for easement right to build the private road on my property. ~ b--~ 847 Ainaola Drive . Rilo, HI 96720 (", \, /" (, March 30,2009 County Planning Department Suite 3 101 Pauahi St. Hilo, Hi 96720 I Edwin Y. Nagata Trust, Tax Map Key 2-4-031-008, give permission to, Edward Nagata for easement right to build the private road on my property. ~~~ 857 Ainaola Drive Hilo, HI 96720 v - , r, s~ 4-0 -....,.... \.1 r vi 0 ,0 '-; rt }? 0 Q1 ~ 0 ~:rV ~ ' ...---_..- ~ , .. ~~r < .." . -+- , . . .. -.p... I : rV . of ~'" . . . -I ,. . ,.. -:- .r ~o -+- . I ' - -.) C. wot_ -.~-., ~ .... .,--' ','- f ~ - g. ~,.. '-. .." . .J' -- '-' /' ( \. ~ - /-, ( '.. c EXHIBIT A Being a portion of Lot a Lot 1001-A, Grant 10965 to Masataro Nagata Waiakea Homesteads, Second Series Waiakea, South Hilo, Hawaii Beginning at the west corner of this parcel of land and on the south said of Ainaola Drive, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Halai" being 18256.10 feet South and 97.10 feet West, and running by azimuths measured clockwise from true South: 1. 2380 57' 27.10 feet along th-e south side of Ainaola Drive; 2. 2310 59' 121.50 feet along the southeasterly side of Ainaola Drive; 3. 2200 40' 36.50 feet along the southeasterly side of Ainaola Drive; 4. 3200 40' 200.00 feet along the remainder of Lot 1001-A~ Grant 10965 to Masataro Nagata; 5. 2300 40' 225.05 feet along the remainder of Lot 1001-A, Grant 10965 to Masataro Nagata; 6. 1750 40' 578.60 feet along the remainder of Lot 1001-A, Grant 10965 to Masataro Nagata; 7. 850 40' 450.24 feet along Lot 1101, Waiakea Homesteads, Second Series; 8. 1750 40' 507.80 feet along Lot 1102, Waiakea Homesteads, Second Series, to the point of beginning and containing an area of 5.50 acres, a little more or less. BEING THE LAND CONVEYED TO GRANTOR BY DEED DATED SEPTEMBER 19 2005 , , AND RECORDED IN THE BUREAU OF CONVEYANCES OF THE STATE OF HAWAII AS DOCUMENT NO. 2005-194049. 5 513 ; .@ @ IEL 987) RM7X aInutdv Df ~nftiClii DEPARTMENT OF PUBLIC WORKS JOI Pauabi Street, Suite 7 . HUo, Hawaii 96720 Flood Zone Determination Ph.:: 961-8327 (Hila) Fax.: .961-8933 (Hila) 327-3530 (Kana) 327-3533 (Kana) rax Map Key: oJ.. - 4- 03/ - 068 - 0(') (l (') Requested By: 'eQ_ /z4..fcJ1Ot ., Company:. Address: Phone: Fax: Date: 11-/ '1 -0<6" Sign~ture: ..td2~ h:t1c/7;;-. ' .x '.- Flood Zone is: Remarks: ~..~. Completed by: Date: Notes: " 1) A property in Zone X (not within 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 .informaJi.QQPco.\lid.ed_heca.does notcreate-liability for the County of Hawai;, or any officer or employee thereof, for any damage that results 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 Works for a nominal fee. 3) Buyers are advised to consult an Architect and/or Engineer or other experts of the buyers' choice if there are additional questions. . County of Hawaii is an Equal Opponunity Provider and Employer ;J LEGEND SfECiAL FLOOD HAZARD AREAS INUNDAT BY l00-YEAR FLOOD ZONE A No base flood elevations determined. ZONE AE Base flood elnuions determined. ZONE AH Flood depchs of 1 to 3 feet (usually arRl Pond",,); base flood elevations cletennin ZONE AO Flood depths of l to 3 feet (usually sb flow 011 sIopln, terrain); aYel'lle dep detMmlned. For areas of a1luYIaJ fau flOI In" YeIocitiesalso determined. ZONE A99 To be protec:ted from 1~... flood F.... fIoocI protemon system unc COIlItrUction; no base elevations detenni.," ZONE V - - CoucaI fIciocI whh velocity haurd (WI ....); no bue fI.ood elevations detI mined. CoucaI fIoocI whh YeIodty haurd (WJ1 Kdon); bue fIoocI elevations detennlnl FLOODWAY AREAS IN ZONE AE ZONE VE .0 OTHER FLOOD AREAS ZONE X Areas of .SOOl'eaf flood; areas CI ( h ded) 100.year flood with averqe depth sa. of less than 1 foot or with drainag areas less than 1. square mile; anl . areas protected by levees' from lO(] year flood; OTHER AREAS ZONE X Areasaetermlned to be outside 500 year flood plal.n. ,. ZONE D Areas In which flood hazards arc undetermined. Flood Boundary Floodway Boundary zOne D Boundary BOpndary Dividing Special Flood Hazard Zones, and Boundary DIY/ding Areas of . Different Coastal Base Flood Elevations WIthin Speci.al Flood Hazard Zones. Base Flood Elevation. Line;Ele- vat;on in Feet. Cross Section Line Base Flood Elevation in Feet Where Uniform Within Zone. '----. ~ -~ _~,.f: EI.evation. Reference Mark *Referenced to the National Geodetic Vertical Datum of 1929 NOTES This map is for use .in administering the National Flood Insurance Program; it does not necessarily identify all areas subject to flooding, particularly from local drainage sources of small size, or all planimetric features outside Special Flood Hazatd Areas. Areas of special flood hazard (IOQ.year flood) include Zones A. AI.30, AE, AH, AD. A99, V, VI.3Q AND VE. . Certain areas not in Special Flood Hazard Areas may be protected by flood control structures. , I I I I i I 60undaries of the floodways were computed at cross sections and interpolated between cross sections. TM!! flOodways were based on hydraulic considerations with regard to requirements of the Federal Emergency-Managemenl Agency. FlOOdwav widths in some areas mav be tOCi narrow to show tosca!e. F/OOdway widths are provided in the' FlOOd Insurance Study Report. Coastal baSE flood elevation! apply only landward of the she.relinE. Elevations refe-rence.fi1c:r~:s are descrit-ec in rhE Fle-c.d Irlfur~ilc~ S;;! ;ri~, ~':'r-....,,.; /,/ \ Harry Kim Mayor (' \ William Takaba Finance Director County of Ha"vai'i DEPARTMENT OF FINANCE - REAL PROPERTY TAX 101 Pauahi Street · Suite 4 . Hila, Hawai'i 96720-4679 . Fax (808) 961-8415 Appraisers (808) 961-8354 . Clerical (808) 961-8201 . Collections (808) 961-8282 75-5706 Kuakini Highway · Suite 112 . Kailua-Kona, Hawai'i 96740 . Fax (808) 327-3538 Appraisers (808) 327-3542 . Clerical (808) 327-3540 REAL PROPERTY TAX CLEARANCE November 17, 2008 TMK(s): (3) 2-4-031-008-0000 This is to certify that the real property taxes due to the County of Hawaii on the parce/(s) listed above have been paid up to and including December 31, 2008. This clearance was requested by EDWIN Y. NAGATA, owner of record, for the County Planning Department and is iSSU:: for thi~~ Lena Muramoto, Tax Clerk REAL PROPERTY TAX DIVISION Reference: Hawai'i County is an Equal Opportunity Provider and Employer . ~-- ,,-~-_.~~~_..-_.._-----.._~.~.._._,_.._..,~_._._..-~~-_._-_....~----~--_._--_.__._---~._._".~.. _.~--_.._"~ ._.__.~--,~--...__...." .---.- -..-.--.-..-._......- __, .__~___ ... _.._.._,_.~.'_.__"_._4'_"_~___.__.._... _._."_.~~._~~.*.__.____,____ ...__.__..___ __ ____ '"_,~..__.~ ( '" LINDA LINGLE GOVERIIIOR OF HAWAII .%i!f~~'t:4~~~ .~~>.. . ""'~'9~'\ ,f~../ .. .\:;'1\ rr', )J ~~\ !~Y . :"} LAURA H. THIELEN CHAIRPERSON BOARD OF LAND M.'D NAruRAL RESOURCES COMMLSSION ON WATER RESOURCE II.l~AGEMENT RUSSELL Y. TSUJI _ FIRST DEPUIY KEN C. KAWAHARA DEPun" DDtECTOR ~ WATER STATE OF HAWAll DEPARTMENT OF LAND AND NATURAL RESOURCES STATE HISTORIC PRESEERV ATION DIVISION 601 KAMOKILA BOULEVARD, ROOM 555 ~OLEI, HAWAII 96707 AQUATIC RESOURCES BOA'IlNG AND OCEAN RECREATION BlmEAUOFCONVhYANCES COMMISSION ON WATER RE."iOURCE MANAGEMENT Co...'I1SERV AnON AND COASTAL LANDS CONSERVATION AND RRlOURCES ENFORCEMENT e.'GINEERlNG FORESlRY AND Wll..DUFE lUSTORIC PRESERV AnON KAHOOLAWE ISLAND RESERVE cOMMlSsrON LAND STATE PARKS October 31, 2008 Mr. Edward.Nagata LOG NO: 2008.4047 793 AinaolaDrive POC NO: 0810TD24 . Hilo, Hawai'i 96720'-3724 . _ ~ . ._~_._~_____-.:..-Arch~Qlqgy______. .........._.-----.....>,.._-..-._-~.----_._-,~..._,,- ~_. ~""-_.._.-------_.__._,-..,....._.._---'-..._----^~_.~-""............... ---~- --.--. Dear Mr. Nilgata: SUBJECT: Chapter6F:.;.4~:Historic Preserva!iollReYjew .;.. ChangelnCoUnty Land Use ZOJijllg~Ag..3to Ag-l Waiake~~~pua'a, South Hilq])i~trici, Island ofHawai'i TMK: (3)2004;;31:.08... Thank you for the opportunity to, cOInment oilthiscfu1p.gein zoning application, which was received in our office October 30, 2008, The. subject propertY.islocated. within theWaikae Uka Subdivision and encompasses approximately 5.5 acres. The applic~n~lli!~ indicated thattht::r~will be no new construction in connectiop. with tliiszoriingchange; there willmbsfJikely be a subdivision of the land in the future. The property is within the area of the (ormer Walkefl~ugar Phmtation anditwas intensively cultivated for sugar. CurrenttisesiIlcludefruittrees and a re~idehtiaLdwelling. . . . We determine tliatnohislol'icproperties will be.affecticfbythis project because: ~ Intensivecultiva~ion)has.aheredthe land o Development/urbaniiation, has altered the land o Previous grubbfug/gradinghas altered the land [J .. An, acceptedarcha~lpgicaJ .4?-ventory. SUfYt:;y (AIS)f()und.nohistQ):iq;pmp,~rtiesinthis project area o Other: There 'is rlO consiiitciidn planned inconneciion with ,this zoriingchailge In the event that historic . resources, including hllll1.an skeletal remains, lava tubes, . and lava blisters/bubbles are identified on the property, the find should be protected from additional disturbance, and the State Historic Preservation Division, Hawaii Island Section, should be contacted immediately at (808) 933-7653. Please contact Theresa K. Donham at (808) 933-7653 if you have any questions or concerns regarding this letter. . Aloha, ~t? //!!fq~ Nancy McMahon, Deputy SHPO/State Archaeologist and Historic Preservation Manager State Historic Preservation Division ( , /'-- \ " . .' '. ~ , . DEPARTMENT OIF PUBUC WORKS COUNTY OF HAWAII HILO, HAWAII ~!: 112 DATE: July 24, 2009 ~ TO: BJ Leithead Todd, Planning Director r ~ FROM: {vY Department of Public Works SUBJECT: CHANGE OF ZONE APPLICATION (REZ 09-000099) Applicant: Edward Nagata Request: A-3a to FA-1a Tax Map Key: 2-4-31: 008 We have reviewed the subject application forwarded by your memo dated June 26, 2009 and offer the following comments for your consideration. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the SOO-year floodplain. The Zoning Map classifies Ainaola Drive as a secondary arterial with an existing right-of- way width of 50 feet and a proposed width of 80 feet, fronting the subject property. Access to Ainaola Drive, including the provision of adequate sight distance, shall comply with the requirements of the subdivision code, Chapter 23. The future road widening setback shall be applied as recommended by the Planning Department. Install streetlights and traffic control devices as may be required by the Traffic Division, Department of Public Works. The applicant shall be responsible for the design, purchase, and installation of such devices. Questions may be referred to Kelly Gomes at ext. 8327. Planning Dept. ExhibiL 7- SCANNEDI . .ollS ~'79~g6 ~ By '-~ ~ -- ..-- " County of Hawaii is an Equal Opportunity Provider and Emplover r \ William Kenoi Mayor lID? ~Jtn. Lono A. Tyson Director ""l -, , Ivan M. Torigoe DelJUtv Director QInuutu of ~ctfuai ~i DlEP AR'fMlENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street 0 Hilo, Hawai'i 96720 (808) 961-8083' Fax (808) 961-8086 http://co.hawaii.hi.us/directorv/direnvmng.htm MEMORANDUM Date : June 29, 2009 To BJ LEITHEAD TODD, Acting Deputy Planning Director From: LONO A. TYSON, Director~ Subject: Change of Zone Application (REZ 09-000099) Applicant: Edward Nagata Request: A-3a to FA-la TMK: 2-4-31:8 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: it~-efL T'O (0 "/l.A/l~I'ftSP,~:LO\.i/ W ~~,:m\v A TER COMMENTS: 6. (0' 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: SOLID WASTE COMMENTS: ( ) No comments (~) Commercial operations, State and Federal agencies, religious entities and non-profit organizations may not use transfer stations for disposal. ("x)) Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. (~) Ample and ~qual room should be provided for rubbish and recycling. ('(<J) Green waste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or other suitable diversion programs. - (.XJ Construction and demolition waste is prohibited at all County Transfer Stations. (~ Submit Solid Waste Management Plan in accordance with attached guidelines. ( ) Existing Solid Waste Management Plan is to be followed. Provide updateto the department on current status. ( ) Other: Planning Dept. Exhibit 3 -- SCANNED cc: SWD, W. 1.' 1l88~UL - 8 iuu9 B!l54{29- County of Hawai'j is an Eaual Onnortllnitv Proviil"r ~nil j;'mnln"~r (' ( ~ lLmnn A. Tysmil Director lElnlllly JP. ll(rallilon Mayor County of Hawa~ ~~ DElP AR TMENT OF ENVJrJRONMENT AJL MANAGEMENT 25 Aupuni Street 0 RHo, Hawai'i 96720-4252 (808) 961-8083 0 Fax (808) 961-8086 February 12, 2009 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) promotes and implement recycling and recycling programs, (2) predict the waste generated by the proposed development to anticipate the loading on County solid waste management facilities, and (3) predict the additional vehicular traffic being generated because of waste and recycling transfers. AqualifiedcOns'ultant shall prepare a suitable solid waste management plan for review by the Department of Environmental Management. REPORT The Solid Waste Management Plan will contain the following: 1. Description of the project and the potential waste it may be generating: i.e. analysis of anticipated waste volume and composition. This includes waste generated during the construction and operational or maintenance phases. Waste types shall include (but not be limited to): A. Organics (including food waste and green wastes); B. Construction and Demolition; C. Paper (including cardboard); D. Metal (including ferrous and non-ferrous metals); E. Plastic; F. Special (including ash, sludge, treated medical, bulky items, tires); G. Household Hazardous (including paint, vehicle fluids, oil, batteries); and H. Glass. 2. Indicate on site source separation facilities by waste type; i.e. source separation bins of glass, metal, plastic, cardboard, aluminum, etc. Provide ample and equal space for rubbish and recycling. 3. Identification and location of the proposed waste reduction, waste re-use, recycling facility or disposal site and associated transportation methods for the various components of the development's waste management system, including the number of vehicle movements and associated routes that will be used to transport the waste and recycled materials. (- Solid Waste Management Plan Guidelines Page 2 of 2 4. The report will include identification of any impacts to County-operated waste management facilities, and the appropriate mitigation measures that will be implemented by the development to minimize' these impacts. 5. Analysis will be based on the highest potential use or zoning of the development. REQUIREMENTS AND CONDITIONS 1. A solid waste management plan will be prepared for all commercial developments, as defined under the policies of the Department of Environmental Management, Solid Waste Division. 2. The Department of Environmental Management will require the developer to provide or resolve all recommendations and mitigation measures as outlined in the soli9 waste management plan; besides any conditions placed on the applicant herein. 3. A State of Hawaii licensed engineer will draft and certify in writing the solid waste . management plan as complying with applicable Federal, State and County of Hawai'i solid waste laws, regulations, and administrative rules. Should you require additional information, please contact Michael Dworsky, P.E., Solid Waste Division Chief at808-961-8515. CONCUR: " r.~ . Lono A. Tyson DIRECTOR 10/13/03 Revised 02/12/09 Hawai'i County is an Equal Opportunity Provider and Employer. ( ( William P. Kenoi Mayor Harry S. Kubojiri Police Chief . .."! ;:: ~ ," j i" f".:! ;: '? Paul K. Ferreira Deputy Police Chief County of Hawaii POLICE DEPARTMENT 349 Kapiolani Street. Hilo, Hawaii 96720-3998 (808) 935-33I1 . Fax (808) 961-8865 July 15, 2009 TO FROM BJ ':~~~~'t\iiNG DIRECTOR D~~CHECO, ASSISTANT POLICE CHIEF AREA I OPERATIONS CHANGE OF ZONE APPLICATION (REZ 09-000099) APPLICANT: EDWARD NAGATA REQUEST: A-3A TO FA-1A TAX MAP KEY: 2-4-31:8 SUBJECT: Staff, upon reviewing the provided documents and visiting the proposed site, does not anticipate any significant impact to traffic and/or other public safety concerns. Thank you for allowing us the opportunity to comment. If you have any questions, please call Captain Kenneth Vieira of our S. Hilo Patrol Division at 961-2214. KV: /Ii r-~'-~"&"'~,~'~=,", - _ .__ . l S(-' . N NE 1 . l:\\ I, 'j' k: ~-:".1~"", D I I .' 'Iii 2 1 "[{J'U";] ~ .J._ll.... LI j I By:O 5 4 7 3 6 L.:...:.....:=--'-:-.7-~-=-__.j "Hawai'i County is an Equal Opportunity Provider and Employer" Planning Dept. Exhibit 4 (r" \ ( !-!I\t.DA .UNGlE vtC]i8Yf,~~9ffl ~Q2 ~~ r;:.1 5' "'-0 CHIYOME l. FUKINO, M.D. Director of Health STATE OIF HAWA~~ DEPARTMENT OF HEALTH P.O. BOX 916 . HllO, HAWAII 96721-0916 MEMORANDUM DATE: July 1, 2009 TO: BJ Leithead Todd Planning Director, County of Hawaii FROM: Newton Inouye ~ Acting District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 09-000099) Applicant: Edward Nagata Request: A-3a to FA-1a Tax Map Key: 2-4-31:8 Lands formerly used for sugarcane production are now being developed into communities where residential homes, schools and commercial businesses are being constructed. Chemicals associated with the sugarcane industry persist in soil today and may be a threat to public health and the environment. Elevated arsenic levels were discovered in soil at former sugarcane production areas on the islands. The HEER Office has identified former sugarcane production areas for assessment throughout the state and plans to work with property owners to conduct environmental assessments to identify and address elevated soil arsenic levels prior to finalizing, development plans for the properties. We recommend that you review all ofthe Standard Comments on our website: http://hawaii. gov/healthl environmental/ env-planning/landuse/landuse.html. Any comments specifically applicable to this project should be adhered to. The use of individual wastewater systems is allowed. The type and number of individual wastewater systems to be used will be determined by the wastewater rules in effect at the time of building permit application. - WORD:REZ 09-000099.at Planning Dept. Exhibit 5 ,SCANNED J .WL 0 6 ZOOg I By:..tH:i 4 ~ 5 '( (- ( DEPARTMENT Of' WATER SUPPLY 0 ~~Q,U.NJY,.o~)1~W~I" f~.:~::...; ~~~-:~ "''''.::,,:f. .~~-_ ::li;~ .T"t"'- 345 KEKiJANAO'A STREET, SUITE 20 0 HILb)fJAWAI'1 967tOI" ~Y' TELEPHONE (808) 961-8050 0 FAX (808) 961-8657 July 31,2009 TO: Ms. BJ Leithead Todd, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUBJECT: CHANGE OF ZONE APPLICATION (REZ 09-000099) APPLICANT - EDWARD NAGATA REQUEST: A-3a TO FA-1a TAX MAP KEY 2-4-031:008 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 Ainaola Drive fronting 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 $450.00 for the three (3) additional lots 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: 1. Construct necessary water system improvements, which shall include, but not be limited to, the following: a. service laterals that will accommodate a 5/8-inch meter for each lot and b. subject to other agencies' requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development, the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities, should they be necessary. 2. Submit service lateral installation plans prepared by a professional engineer or surveyor, registered in the State ofHawai'i, for review and approval. 3. Remit the prevailing facilities charge balance, which is subject to change, of$16,050.00 as show below: FACILITIES CHARGE (FC): Three 3 additional units of water 5500.00/unit Total Facilities Charge (subject to change) 16500.00 $16,500.00 . Planning Exhibit Dept. to . .. U!ater brinfj6 prOfjre66... The Department of Water Supply is an Equal Opportunity provider and employer. To file a complaint of discrimination, write: USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 14th and Independence Avenue, SW, Washinaton DC ?0?<;n_Q;[1n f"l. MII/'lM\ 7'ln ~M.. . ( Ms. BJ Leithead Todd, Planning Director Page 2 July 31,2009 WATER COMMITMENT DEPOSIT CREDIT: 3 additional lots @ $150.00 per lot FACILITIES CHARGE BALANCE: -$ 450.00 $16,050.00 This is due and payable upon completion of the necessary water system improvements and prior to final subdivision being granted. As shown above, the water commitment deposit is credited towards the final facilities charge. 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 ofHawai'i prior to final approval being granted, should they be necessary. A registered land surveyor shall stamp and 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. FM:dfg yours, copy - Mr. Edward Nagata t~___,,"~;R:: (' ') -' P.O. Box 4564 Hilo, . Hawaii 96720 Ph:-. (808) 935-9294. Fax: (808) 935..9~94 Email: jacunskij001@hawaii.rr.com April 13, 2009 Planning Department 101 Pauahi Street, Suite 3 Hila, Hawaii 96720 RE: Change of zoning ofTMK#24-031-008 Edward Nagata Dear Chairman and Commission Members: We support Edward Nagata's application for a change of zoning from it's current 3 acre agriculture (A-3a) to family agriculture 1 acre (FA- 1 a). We do not feel that this change in zoning will have any negative impact on the community and in fact enhance our neighborhood. ,Jt , ~r..~ ~ 15~ Jill Jacunski, General Partner Jacunski Family Partners JI~",. Planning Dept. Exhibit 7 ~ S "-0 t..... = Z I t'V ~ ~ (0 No) SCANNED ~?J~:JS ,"09 , ( " RNagataREZ.mjc-8/5/09 COUNTY OF HAW AI'I PLANNING DEPARTMENT RECOMMENDATION "~!~ EDWARD NAGATA CHANGE OF ZONE APPLICATION (REZ 09-99) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation for the Change of Zone request from Agricultural3-acre (A-3a) tp./Family Agricultural I-acre (FA-la) be 1tl forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the J;ight 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 Agricultural 3-acre (A-3a) to Family Agricultural I-acre (FA-l a) for approximately 5.50 acres ofland in order to allow . subdivision of the property into approximately four lots which would be distributed to family members. The change of zone request from A-3a to FA-la will conform to, among others, the Land Use element and Land Use Pattern Allocation Guide (LUPAG) Map of the General Plan. 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 ofthese evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The Land Use- Agriculture element of the plan seeks to protect and maintain important agricultural lands from urban encroachment. However, the subject property is not classified as important agricultural land and has not been in agricultural use since it was cultivated for sugar. In fact the LUP AGMap, which establishes the basic urban and non-urban form for areas within the County designates the subject property as Low Density Urbariwhich allows for.residential uses with an overall -1- density of up to six units per acre, ancillary community and public uses, and neighborhood and convenience-type cOmmercial uses. The purpose ofthe Family Agricultural district, according to the Zoning Code, is to provide for a blend of small-scale agricultural operations associated with residential activities which may be characterized by farm estates, small acreage fa~s, or subsistence lots in areas where public serVices and infrastructure are appropriate to support the very low density residential needs of the community and where a substantial number of surrounding parcels are less than five acres in size. Surrounding properties in the general area of the subject property are in residential and agricultural use. With the exception of lots to the south ranging in size from four to ten acres, most ofthe agricultural lots in the area are less than 2 acres in size. Based on the above, a change of zone to the FA district classification is appropriate in this area and the request is consistent with the General Plan as it will not diminish the potential for future agricultural uses on the property and will remain consistent with the LUP AG designation for this area. All essential utilities and services are available to the site. Access to the property is from Ainaola Drive, a paved two-lane County road within a 50-foot wide right-of-way. The City of Hilo Zone Map designates Ainaola Drive as an SO-foot wide right-of-way; therefore, a condition of approval will require the applicant provide a 15- foot wide future road widening strip to the County prior to final subdivision approval. According to the Department of Water Supply, water can be made available to the property via an existing S-inch waterline within Ainaola Drive. The applicant will install service lateral water meter(s) as required by the Department of Water Supply to provide water to any future lots created by subdivision. As there is no municipal sewer system in the area, wastewater will be disposed qlinto individual wastewater systems meeting the standards and requirements of the State Department of Health. Solid waste will be disposed of by commercial haulers or individual homeowners into an approved landfill. Electrical and telephone services are available to the site. Police services are located about 4 miles away in downtown Hilo and fire services area located within 2 miles of the property on Kawailani Street. Medi2at-services are available in Hilo. To limit the cumulative impact of the proposed subdivision on area infrastructure, a condition of approval will prohibita second dwelling and condominium property regime on each lot. -2- . The request is not contrary to Chapter 20SA, Hawai'i Revised Statues, relating to Coastal Zone Management Area. The subject property is located over four miles from the shoreline and is not in the Special Management Area. Thus, the property will not be affected by coastal hazards and beach erosion. There are no identified recreational resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources on the subject property. In view ofthe Hawai'i State Supreme Court's "P ASH" and "Ka Pa 'akai 0 Ka 'Aina " decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices ofthe site: · Investigation of valued resources: No formal archaeological reconnaissance survey, oral history ofkama'ilina accounts of the area, historical survey of documentary records, or botanical study was included in the application. · The valued cultural. historical. and natural resources found in the rezoning area: The property has been used for the cultivation of sugarcane in the past and is currently used for residential purposes. As such, it is anticipated that no historic properties will be affected. In a letter dated October 31, 2008, the State Department of Land and Natural Resources Historic Preservation Division (SHPD) stated that no historic properties will be affected by this undertaking because intensive cultivation has altered the land. A condition of the change of zone will require that the applicant cea(e work and notify the SHPD should any unanticipated archaeological features or sites be uncovered during the course of development. · Possible adverse effect or impairment of valued resources:. Native plants may be destroyed by ground alteration. There is no evidence that the flora in the area are particularly desired or used for cultural practices. · Feasible actions to protect native Hawaiian rights: As stated by the applicants, no ." gathering is taking place on th';-site. Thus, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not -3- affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. Based on the above findings, the approval of the Change of Zone request from an Agricultural (A-3a) to a Family Agricultural (FA-la) zoned district would result in . an appropriate land use pattern that will further benefit the public. The accompanying draft bill to amend Section 25-8-33 (City ofHilo Zone Map) of Chapter 25, Zoning Code, ofthe Hawai'i County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. ~. ~~'" ..'...... -4- CNagataREZ.mjc-8/5/09 EDWARD NAGATA CONDITIONS OF APPROVAL CHANGE OF ZONE APPLICATION NO. (REZ 09-99) A. The applicant(s), successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicants, successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawai'i Revised Statutes, relating to permissible uses within the State Land Use Agricultural District. C. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" , within one hundred and eighty (180) days from the effective date of this ordinance. D. Final Subdivision Approval of the proposed subdivision development shall be secured within five (5) years from the effective date of this change of zone ordinance. E. Restrictive covenants in the deeds of all proposed lots within the property 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 owner of the property may also, in addition, impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State 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' F. with the Planning Department upon its receipt from the Bureau of Conveyances. \:'C C The applicant shall subdivide~nd-dedicateto-the-Gountyta fifteen (15)-foot wide future road widening strip along the entire property frontage of Ainaola Drive, CV>~ -pri0f-to-Final-Subdivision~Approval_. sltQt tlt J -~~'",.~t "'':-.,.D.. , \A --r: IAI"(\,....\"".:;> Ii\. \ t.6\ II \lv\c'._ ~ .-\~ -\{~ C.rn~,^J.\O 'c) ~~~y 'v'V)'vv:J.-k.\-v)-,A_ ~\-t.. .p,vL-' cr f (I ~1 v t,.,'\ ,.) , ,,',r..-v.u. -1- w G. All driveway connections to Ainaola Drive shall conform to Chapter 22, County Streets, of the Hawai'i County Code. H. All development.-generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. If required, a drainage study shall be prepared and submitted to the Department of Public Works and any required drainage improvements shall be constructed, meeting the approval of the Department of Public Works prior to Final Subdivision Approval. 1. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control of the Hawai'i County Code. 1. The method of sewage disposal shall meet with the requirements of the Department of Health. K. 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. L. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials, be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources _ State Historic Preservation Division (DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigative measures have been taken. M. If the applicant, successors, or assigns develops residential units on the subject property, the applicant shall make their fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval. The fair share contribution for each lot shall be based on the actual number of residential units developed. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the -2- Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a combined value of $7,698.11 per multiple family residential unit ($11,996.63 per single family residential unit). The total amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per multiple family residential unit (single family residential unit) shall be allocated as follows: 1. $3,797.26 per multiple family residential unit ($5,784.99 per single family residential unit) to the County to suppqrt park and recreational improvements and facilities; 2. $120.01 per multiple family residential unit ($279.07 per single family residential unit) to the County to support police facilities; 3. $369.17 per multiple family residential unit ($551.20 per single family residential unit) to the County to support fire facilities; 4. $164.54 per multiple family residential unit ($241.32 per single family residential unit) to the County to support solid waste facilities; and 5. $3,247.12 per multiple family residential unit ($5,140.06 per single family residential unit) to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicants may contribute land and/or construct improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council N. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. O. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. -3- m P. An initial extension of time for the performance of conditions within the ordinal1ce may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting ofthe time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). 5. lfthe applicant should require an additional extension of time, the Planning Department shall s,ubmit the applicant's request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation. -4-