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HomeMy WebLinkAboutCOM 0797.000 2008-2010 o Mme;. Si lm `. William P. Kenoi •a�� ?� "', ,1f E• ? William T. Takaba Mayor "e _ — Managing Director • F U•4.1•41../ • Wally Lau County of Hawa Deputy Managing Director 25 Aupuni Street • Hilo, Hawaii 96720 -4252 • (808) 961 -8211 • Fax (808) 961 -6553 KONA: 75 -5706 Kuakini Highway, Suite I03 • Kailua -Kona, Hawaii 96740 (808) 329 -5226 • Fax (808) 326 -5663 April 21, 2010 • Honorable J Yoshimoto, Chairman and Members of the County Council (?`) County of Hawai`i C 25 Aupuni Street � r rn Hilo, HI 96720 `• —' r`' Y r 7 (j 'LS Dear Chairman Yoshimoto and Members: - fTl X GJ ✓Change of Zone Application (REZ 09- 000115) � o Applicant: Don C. Watson and Donna D. Watson Request: RS -15 to RS -10 Tax Map Key: 2 -4 -21:31 Change of Zone Application (REZ 10- 000117) Request:. Project District (University Terrace) to Project District (Wailani) Repeal of Change of Zone Ordinance No. 04 144 Applicant: Wailani Development, LLC Tax Map Key: 2 -3- 44:19; 2 -3- 49:53; 2 -3 -37:01 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 Windward Planning Commission's letters and enclosures regarding the above - referenced requests. Sincerely, C� i lam P. K • not Mayor Enclosures 797 cc: Planning Department Comm. No, 9 Ref. To: rc-- B11 zyI) Ref. Dote APR 22 71119 County of Hawai`i is an Equal Opportunity Provider and Employer. orris County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 10] Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961 -8288 • Fax (808) 961 -8742 April 21, 2010 • The Honorable J Yoshimoto, Chairman and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yoshimoto and Council Members: Change of Zone Application (REZ 09- 000115) Applicant: Don C. Watson and Donna D. Watson • Request: RS -15 to RS -10 Tax Map Key: 2 -4 -21:31 The Windward Planning Commission, after a duly held public hearing on April 1, 2010, voted to recommend for your approval the proposed legislative bill for a Change of Zone from Single Family Residential — 15,000 square feet (RS -15) to Single Family Residential - 10,000 square feet (RS -10) for 20,393 square feet of land. The property is located at the southeastern corner of Haihai Street and Likeke Street, across from the Hilo Municipal Golf Course, Waiakea, South Hilo, Hawai`i. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicants are requesting a Change of Zone from Single - Family Residential - 15,000 square feet (RS -15) to Single - Family Residential - 10,000 square feet (RS -10) for approximately 20,393 square feet of land to subdivide the property into two lots. Each lot will be approximately 10,195 square feet in size and will retain an existing single - family dwelling. Upon approval of the change of zone, the applicants will apply for subdivision approval immediately. The applicants, who are brother and sister, are both getting on in years and have a desire to separate their financial holdings. Hawai `i County is an Equal Opportunity Provider and Employer The Honorable J Yoshimoto, Chairman and Members of the County Council Page 2 In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The Change of Zone request from a Single- Family Residential - 15,000 square feet (RS -15) to a Single - Family Residential - 10,000 square feet (RS -10) conforms to the goals, policies and standards of the General Plan Land Use and Housing Elements. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land Use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The proposed Change of Zone will conform to, among others, the goals, policies and standards of the Land Use and Housing Elements of the General Plan: Land Use • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 3 Land Use — Single Family Residential • To maximize choices of single - family residential lots and /or housing for residents of the County. • To ensure compatible uses within and adjacent to single - family residential zoned areas. • Designate and allocate single - family residential zoned lands at varying densities for future use in accordance with the needs of the communities and the stated goals, policies, and standards. Housing • Encourage and expand home ownership opportunities for residents. • Seek sufficient production of new affordable rental and fee - simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. The requested change of zone conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non -urban form for areas within the County. The property is designated Low Density Urban, which reflects uses that are single - family residential in character. The property is rectangular in shape and 20,393 square feet in size. There are two existing single - family dwellings constructed on the property. There is a 3- bedroom/2- bath dwelling constructed in 1964, which is located at the corner of Haihai Street and Likeke Street. Additionally, there is an ohana 3- bedroom /2 '/2 bath dwelling constructed in 1992 located along Likeke Street. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 4 Under the current zoning, the owners were able to build a second house on the original lot as an `ohana dwelling', but could not subdivide the property. If approved, the applicants could build an ohana dwelling on each newly created lot, resulting in twice the amount of density. The Planning Director supports this rezoning request to allow a two - lot subdivision, but only on the condition of allowing one home on each lot. Therefore, a condition will be included in the change of zone ordinance to prohibit a second dwelling (ohana) unit and a condominium property regime on each lot. As a result, the rezoning will not increase the potential number of houses but gives the owners the option of subdividing into two lots. The surrounding area is predominantly in single family residential use and is zoned RS -10 and RS -15. There was a similar change of zone from RS -15 to RS -10 near the subject property, which was approved in 1991. The Hilo Municipal Golf Course is located directly across Haihai Street, which is zoned Open. All utilities and services are available to the site. Access to the property is from Haihai Street and Likeke Street. Both streets are County -owned with an approximate 20- foot pavement within a 40 -foot right -of -way. The Department of Public Works is recommending that the applicants provide a 10 -foot wide future road widening setback along Haihai Street and a 5 -foot wide future road widening setback Likeke Street, including a minimum 20 -foot property line radius at the roads' intersection. Therefore, a condition of approval will be added requiring the applicants to provide the above referenced future road widening setbacks and radius. County water is available to the property and both dwellings are hooked up to County water. The existing dwelling along Haihai Street utilizes a cesspool and the existing dwelling along Likeke Street utilizes a septic system for sewage disposal. Solid waste will be disposed of by the homeowners or commercial haulers at appropriate sites designated by the Department of Environmental Management. Electricity, telephone and cable services are available to the site. The police and fire stations are located in Hilo. The property has no severe geological or topographical problems which cannot be rectified or which would render the land unusable. The project site is located within Zone "X ", area determined to be outside the 500 -year floodplain. All development generated storm run -off shall be disposed of on -site and not allowed onto adjacent properties or roadways. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 5 The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not located in the Special Management Area. The project site is located about 3.5 miles from the nearest shoreline and will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access to the shoreline or mountain areas that traverses the property. According to the applicants, no valued cultural, historical or natural resources exist on the property and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Therefore, no action is necessary to protect these rights. Based on the above findings, approval of this change of zone request from a Single- Family Residential - 15,000 square feet (RS -15) to a Single - Family Residential 10,000 - square feet (RS -10) zoned district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. For your favorable consideration, an amendment to Section 25 -8 -33 (City of Hilo Zone Map), of the County Zoning Code is transmitted. We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, A-Andri Rell Woodward, Chairman Windward Planning Commission Lwatsonrez09 -0001 l5 W WPC2 • Enclosures cc: Mr. George Yoshimura Mr. Don Watson Ms. Donna Watson Department of Public Works Department of Water Supply Department of Land & Natural Resources -HPD Lincoln Ashida, Esq., Corporation Counsel BWatson- REZ09- 115 .jwd 03 -03 -10 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT DON C. WATSON AND DONNA D. WATSON CHANGE OF ZONE APPLICATION (REZ 09- 000115) DON C. WATSON AND DONNA D. WATSON has submitted an application for a Change of Zone from Single- Family Residential - 15,000 square feet (RS -15) to Single - Family Residential - 10,000 square feet (RS -10) for approximately 20,393 square feet of land. The property is located on the southeast corner of the Haihai Street and Likeke Street intersection in Waiakea, South Hilo, Hawai`i, TMK: 2 -4- 021:031. REQUEST 1. Proposed Development: The applicants are requesting a Change of Zone from Single - Family Residential - 15,000 square feet (RS -15) to Single - Family Residential - 10,000 square feet (RS -10) for approximately 20,393 square feet of land to subdivide the property into two lots. Each lot will be approximately 10,195 square feet in size and will retain an existing single - family dwelling. Upon approval of the change of zone, the • applicants will apply for subdivision approval immediately. (Planning Department Exhibit 1- Change of Zone Application) . 2. Reasons for Request: According to the applicants who are brother and sister, they are both getting on in years and have a desire to separate their financial holdings. 3. Landowners: The applicants are the landowners of the property. STATE AND COUNTY PLANS 4. State Land Use Designation: Urban. 5. County Zoning: RS -15. 6. GP LUPAG Map: Low Density Urban. 7. Hilo Community Development Plan: The Hilo Community Development Plan adopted by Planning Commission Resolution No. 1 on May 21, 1975 identifies the area as Single - Family Residential. 8. Special Management Area (SMA): The SMA is a part of the Coastal Zone Management Program and regulated by the County. The property is located -1- Carm. 797 Bill 241 approximately 3.5 miles from the nearest shoreline and is not situated within the Special Management Area. - DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA 9. Subject Property: The property is rectangular in shape and 20,393 square feet in size. There are two existing single family dwellings constructed on the property. There is a 3- bedroom /2 -bath dwelling constructed in 1964, which is located at the corner of Haihai Street and Likeke Street. Additionally, there is an ohana 3- bedroom/2' /2 bath dwelling constructed in 1992 located along Likeke Street. 10. Surrounding Zoning and Land Uses: The surrounding area is predominantly in single family residential use and is zoned RS -10 and RS -15. There was a similar change of zone from RS -15 to RS -10 near the subject property, which was approved in 1991. The Hilo Municipal Golf Course is located directly across Haihai Street, which is zoned Open. 11. U.S.D.A. Soil Type: Keaukaha extremely rocky muck, 6 to 20 percent slopes (rKFD). 12. ALISH: Existing Urban Development. 13. Land Study Bureau's Productivity Rating: Existing Urban Development. 14. FIRM: Zone "X ", an area outside of the 500 -year flood plain. 15. Flora/Fauna: As the property is improved with two single- family dwellings, no professional flora or fauna surveys were conducted of the site. The property is located in an urban setting in an area dominated by single - family residential uses and has been in residential uses for over 40 years. 16. Archaeological/Cultural /Historical Resources: No professional archaeological surveys or cultural assessments were conducted of the property. The Department of Land Natural Resources- Historic Preservation Division issued "no- effect" letters dated October 27, 2009 and February 17, 2010 stating that no historic properties will be affected by this project. 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 • -2- 18. Access: Access to the property is from Haihai Street and Likeke Street. Both streets are County -owned with an approximate 20 -foot pavement within a 40 -foot right -of -way. The Department of Public Works is recommending that the applicants provide a 10 -foot wide future road widening setback along Haihai Street and a 5 -foot wide future road widening setback Likeke Street, including a minimum 20 -foot property line radius at the roads' intersection. 19. Water: County water is available to the site. 20. Wastewater: The existing dwelling along Haihai Street utilizes a cesspool and the existing dwelling along Likeke Street utilizes a septic system for sewage disposal. 21. Solid Waste: All solid waste will be transported and disposed of by the homeowners or commercial haulers to the authorized landfill in Hilo. 22. Essential Utilities and Services: Electricity, telephone and cable services are available to the site. Police and fire facilities are located in Hilo. AGENCIES' COMMENTS • 23. Department of Public Works: (Planning Department Exhibit 2 — February 11, 2010 and February 25, 2010 Memos) 24. Department of Water Supply: (Planning Department Exhibit 3 — February 19, 2010 Memo) 25. Department of Environmental Management: (Planning Department Exhibit 4 — January 19, 2010 Memo) 26. Department of Land and Natural Resources -State Historic Preservation Division: (Planning Department Exhibit 5 — February 17, 2010 Letter) 27. Department of Health: (Planning Department Exhibit 6— January 20, 2010 Memo) AGENCIES - NO COMMENTS 28. Police Department, Fire Department and Department of Land and Natural Resources -Land Division. AGENCIES - NO RESPONSE 29. Office of Housing and Community Development. PUBLIC COMMENTS 30. As of the date of this writing, the Planning Department has not received any written -3- comments or objections from the general public or adjacent landowners on the subject application. • -4- CHANGE OF ZONE APPLICATION COUNTY OF HAWAII E '` "' PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Don C. Watson APPLICANT'S SIGNATURE: _ DATE:6 /17/2009 ADDRESS: 1296 Juhl Street, Eugene, Oregon 97402 LIST APPLICANT'S IN 1 EREST IF NOT OWNER: Owner LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: N/A PHONE:(Bus.) (Res.) (Fax) LANDOWNER(S): Don C. Watson LANDOWNER SIGNATURE(S): .����� DATE: 6/17/2009_ (May be by letter) LANDOWNER(S) ADDRESS: 1296 Juhl Street, Eugene, Oregon 97402 REQUEST: RS -15 TO RS -10 (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) 2 -4 -021: 031 STREET ADDRESS OF PROPERTY: 323 Haihai Street, Hilo, HI 96720 SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 20,393 Square Feet AGENT: M &E Pacific, Inc. (Roy Hollowell) ADDRESS: 100 Pauahi Street, Suite 207, Hilo, HI 96720 (808) 933 -2862 TELEPHONE :(Bus.)(541)915 -6578 (Res.) Don C. Watson (541) 463 -9693 (Fax) Planning Dept, Please indicate to whom original correspondence and copies should be sent. Exhibit ORIGINAL: M &E Pacific COPIES:. Don C. Watson 77/.57 ay / Z CHANGE OF ZONE APPLICATION , COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Donna D. Watson APPLICANT'S SIGNATURE,Zfs�_ DATE,. /S zoo? ADDRESS: P.O. Box 5, Madras, OR 97741 LIST APPLICANT'S INTEREST IF NOT OWNER: Owner LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: N/A PHONE:(Bus.) SV / 723 6 (Res.)S9 / - 77c 3C3 o (Fax) Sy /- 923 O/// LANDOWNER(S): Donna D. Watson LANDOWNER SIGNATURE(S : - ar DATq (May be by letter) � LANDOWNER(S) ADDRESS: P.O. Box 5, Madras, OR 97741 REQUEST: RS -15 TO RS -10 (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) 2 -4 -021: 031 STREET ADDRESS OF PROPERTY: 323 Haihai Street, Hilo, HI 96720 SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 20393 Square Feet AGENT:. M &E Pacific, Inc. (Roy Hollowell) ADDRESS: 100 Pauahi Street, Suite 207, Hilo, HI 96720 (808) 933-2862 ' TELEPHONE:(Bus.) Donna Watson (541) 923 -6377 (Res.) SY / 977S= _LC o (Fax)iV /- 923 -0/// Please indicate to whom original correspondence and copies should be sent. ORIGINAL: M &E Pacific COPIES: Donna D. Watson ATTACHMENT Residential Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? YES if yes, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? 4 490 Le Lo/ ?4993 •r T b. Into what lot sizes? a Lo%S OF o /o /95 5q F —i 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? ZiulEO /�rrL�J d. Do you intend to build houses on the newly created lots? yi9... . if yes, please answer the following questions: on how many of those lots? At what approximate price range? House Lots Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm �� plans /V b. Sell or lease the land to someone who has tentative plans? AL c• Sell or lease the land to someone who has PA plans? /v0 d. Keep it? yEg e. other (please state) f, If you intend to do either a, b, or c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do YOU think that your request and your further plans for the land will alleviate the local housing situation? 44-40,967 How? 4. Are there any buildings on the subject area? If so, what kind? / . 40/70 - 30ARK, 0 1 41.17 L 5'rAtrr- 3aezttt, a/a 6A/ what do you intend to do with those buildings if your request is approved? 44 d/037%/e-5 /AY as,9af -2- 5 • Is the subject land currently being used for any �pp agricultural activity? /Ua If so, please list the kinds of products grown and on how many square feet or acres of land per product. 6. To your knowledge, has there been any flooding and /or drainage problem on the subject area? /[f If so, please describe the problem. 7 . Do you think that the roads leading to the subject area needs improvement ? /✓o If so, what kind? Is the road adequate for the proposed traffic volume or load? Ye 8. What sort of governmental assistance and /or improvements do you feel will be needed in the subject area when developed? Ho a. Schools I Pntr b. Roads /1"; 1�og c. Sewer /ue Zwss cr d. Drainage 60,1er e. police Protection -3- Yes NQ f. Fire Protection yO1o2`HcT 9, Recreational Facilities . T h. Public Utilities A,4 .La/i°AGT I. other -4-/,4 -e For those checked "yes," please elaborate what type or kinds of improvements and /or assistance are needed. Signature: c. 21j%fi�" 1/ Address: g o, Soy' S /y/aclyas, o€ 977X/ Telephone: so._ Fa3 — 6 377 Date: 4/2.342f • • 6337A/50A -4- P.D. 5/84 FROM : aaronpromo.com PHONE N0. : +1 541 923 5377 May. 21 2007 11:37RM P2 Ant Yes f. Fire Protection 9, Recreational Facilities °/ h. Public Utilities ✓ other For those checked "yes," please elaborate what type or kinds of improvements and /or assistance are needed- S Addre . 1 6 (272-/A7 ve ve c 4/,-, 4-UO 7 74 a 6 Telephone: S;t/ — 6.5 7t 77 0 /- / Date: Cc L . � D � t %S- S�' -4 / 1 / 1 /2 . 1/ 04- ` i o A a, - o'v Gn.pL‘ i (Ye. S fre-e t es) 30� ti. vJ aR 9 7 7L c 6337A/S0A P.D. 5/84 i .. Background and County Environmental Report Attachment to Change of Zoning Application TMK (3` 2 -4 -021: 031 Applicants: Don C. Watson and Donna D. Watson, brother and sister A. SUBJECT REQUEST A. 1. a. Project description: The change of zoning application is to change the zoning classification from RS -15 to RS -10. The parcel is 20,393 square feet in size and has 2 existing permitted houses. A. 1. b. Statement of objectives and reasons for the request: The objective is to obtain the change of zoning classification from RS -15 to RS -10. The reason for the zoning change application is that the current owners, Don C. Watson and Donna D. Watson, brother and sister, are both getting on in years and have a desire to separate their financial holdings. If the change of zoning application is approved they intend to proceed with a subdivision to create 2 lots and separate ownership of the two newly created lots. The oldest house, fronting Haihai Street, was permitted and constructed in 1964. The second house, fronting Likeke Street, was permitted and constructed in 1992. The existing carport and storage area was fully permitted and constructed in 1973. A. 1. c. Number of acres /square feet: The existing parcel is 20,393 square feet. The future subdivision will result in two lots with a minimum square footage of 10,000 each. A. 1. d. Proposed units /lots /floor area of proposed building envelope: There will be no additional construction on the parcel as it is fully developed. Page I 1 A. 1. e. Timeframe and cost: The timeframe is as long as the zoning change and subdivision processes take. The cost will only be that of the Land Surveyor and county fees which is expected to be approximately ten thousand dollars. A. 1. f. Membership size /number of employees and clientele Not applicable as the use is residential and not for a business or organization. A. 1. g. Parking arrangement: Both existing residences have driveways and carports. There will be no parking off of the parcel. A. 1. h. Traffic impacts (assessments of existing traffic conditions, anticipated increase in traffic and traffic impacts from proposed use): There will be no impact on traffic conditions. The current conditions have existed since construction of the house fronting Likeke Street in 1992. A. 1. i. Other related information: None A. 1. j. Proposed on -site and off -site infrastructure: There is no proposed infrastructure as parcel is fully developed. B. CONFORMANCE WITH STATE /COUNTY PLANS B. 2. State Land Use designation: Urban Page (2 B. 3. How proposed use is not contrary to Chapter 205A, Coastal Zone Management Section (b) (1) (A) Property has no coastal access. Section (b) (2) (A) Property has no historic resources per letter from State of Hawaii, Department of Land and Natural Resources, State Historic Preservation Division dated October 27, 2009. A copy of the letter is included in the rezoning application submittals. Section (b) (3) (A) Property has no coastal access. Section (b) (4) (A) No development proposed. Land fully developed. Section (b) (5) (A) Property has no coastal access. Section (b) (6) (A) No development proposed. Land fully developed. Section (b) (7) (A) Property has no coastal access. Section (b) (8) (A) Property has no coastal access. Section (b) (9) (A) Property has no coastal access. B. 4. Applicable goals /policies and objectives of the General Plan: The parcel is designated as being Low Density Urban and is in accordance with the General Plan Housing policies and objectives in the following manners: Provides safe, sanitary, and livable housing for the residents of the County of Hawaii. Maintains a housing supply which allows a variety of choice. Improves and maintains the quality and affordability of the existing housing stock. Expansion of appropriate home ownership opportunities for our residents. B. 5. General Plan designation: Low Density Urban Page I3 B. 6. Zoning: Current zoning is RS -15 and proposed zoning is RS -10. B. 7. Community Development Plan: The property is within the Hilo Community Development Plan area. B. 8. Special Management Area: The property does not lie within a special management area. The property is 3.5 miles from nearest coastline. C. PHYSICAL CHARACTERISTICS AND ENVIRONMAENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA C. 9. Description of subject property, location, climate, topography, slope, soils Location — Southeast corner of Haihai Street and Likeke Street Climate- Hilo climate, moderate with bountiful rainfall Topography- Flat leveled lot. Slope — Flat Shape — Rectangular Existing structures — 2 houses with carports C. 10. Lava Hazard Zone: Property is situated within Lava Zone 3. C. 11. Distance from coastline: Subject property is 3.5 miles from nearest coastline. C. 12. Agricultural Lands of Importance (ALISH) designation: The subject property ALISH designation is Existing Urban Development. Page I4 C. 13. U.S.D.A. Natural Resources Conservation Services Soil Type: The U.S.D.A. Natural Resources Conservation Services Soil Type is PeC, Panaewa very rocky silty clay loam of 0% to 10% slope per Soil Survey of Island of Hawaii dated December 1973. C. 14. Land Study Bureau soil rating: The U.S.D.A. Natural Resources Conservation Services Soil Type is PeC, Panaewa very rocky silty clay loam of 0% to 10% slope per Soil Survey of Island of Hawaii dated December 1973. C. 15. Flood Insurance Rate Map (FIRM) designation: The FIRM designation is Zone X, areas of 500 -year flood, areas of 100 -year flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 100 -year flood, per FIRM Flood Insurance Rate Map, Community Panel Number 155166 0890 C, dated September 16, 1988. C. 16. Existing drainage ways or improvements: There is an existing drainage ditch on Haihai Street in front of property within the Haihai Street right of way. The driveway has a drainage culvert also within the Haihai Street right of way. Haihai Street has a pavement width of 28 feet and is County of Hawaii maintained. C. 17. Air /noise /water quality: The change of zoning will have no effect on air, noise or water quality. C. 18. Existing archeological, cultural or historic sites on National Register or Hawaii Register: The State of Hawaii, Department of Land and Natural Resources, State Historic Preservation Division states that "no historic properties will be affected by this project because development/urbanization has altered the land (two dwellings are in place) per the letter dated October 27, 2009. Copy of letter included in submittal. Page 15 C. 19. Existing floral /faunal resources (any native or exotic plants; any listed or candidate for endangered species): There are no native or exotic plants that will be affected by the change of zoning as the property has typical residential landscaping. C. 20. Scenic or coastal resources: The property will have no affect on scenic or coastal resources as property is 3.5 miles from nearest coastline. C. 21. Traditional and customary native Hawaiian rights that are exercised in the area; extent to which the proposed development will affect these rights; and feasible action to be taken to protect native Hawaiian rights if they exist: There are no Traditional and customary native Hawaiian rights exercised on the parcel. C. 22. Existing public access to and along the shoreline or to mountain areas and knowledge of public access being used: No existing public access to and along the shoreline or to mountain areas will be affected as property is in fully development residential area. C. 23. Social settlement for area: The area is residential on same side (south) of Haihai Street as property and the municipal golf course is on the opposite side of Haihai Street. C. 24. Economic resources of area: The property is located in the city of Hilo which is the Hawaii County seat. Surrounding land use is residential. C. 25. Land Values: Proposed zoning change will have no effect on surrounding land values. Page 16 C. 26. Surrounding land use: The area is low density urban residential with the municipal golf course across Haihai Street. C. 27. Surrounding zoning: The surrounding residential is RS -15, residential with a minimum lot size of 15,000 square feet and the municipal golf course across Haihai Street is zoned AG (agricultural). D. PUBLIC FACILITIES AND SERVICES D. 28. Description of access: The front house has access on an existing paved driveway off of Haihai Street right of way which is a County of Hawaii maintained street in good condition. The width of the pavement is 28 feet. The back house has access on an existing paved driveway off of Likeke Street right of way which has a pavement width of 20 feet and is in good condition. D. 29. Availability of water: Water service is currently provided by Department of Water Supply of Hawaii County. D. 30. Sewage disposal: The front house has an existing cesspool and back house has an existing sanitary septic system. D. 31. Solid Waste: Commercial solid waste haulers are available to the area or residents may deliver to land fill in Hilo. Page 7 D. 32 Police and fire protection: The area is served by a police station that is 2.93 miles from the property and a fire station that is 0.74 miles from the property. D. 32(sic) Schools: There is an elementary school 0.86 miles from the property and a high school 1.73 miles from the property. D. 33. Parks: There are two county parks near the property at distances of 0.78 and 1.40 miles from property. E. 34 Other utilities and services: Both houses on the property currently have electricity supplied by HELCO and telephone supplied by Hawaiian Telcom. E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS E. 35. Relationship between local short term uses of environment and maintenance and enhancement of long term productivity: There are two existing dwellings on the property and the property is currently being utilized in accordance with the General Plan for residential use. There will be no change in the productivity of the property. E. 36. Mitigative measures proposed to avoid minimize, rectify or reduce impact: There are no mitigation measures necessary as the land is already fully developed. Page 18 E. 37. Alternatives to proposed development: There are no altematives as the property is fully developed and there is no proposed development. E. 38. Irreversible and irretrievable commitments of natural resources that would be involved if proposed action implemented: There will be no loss of natural resources as the property is already fully developed. Page 19 • LOT 4, BLOCK 2 Being portions of Grant 9986 to Adeline Nobriga and Lot 905, Waiakea Homesteads, 1 Series At Waiakea, South Hilo, Island of Hawaii, State of Hawaii Tax Map Key: (3 Div.) 2 -4 -021: 031 Beginning at a point at the Northeast comer of this lot on the South side of Haihai Street, being also the Northwest corner of Lot 3 of Block 2, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 15,515.59 feet South and 7,054.91 feet East, and running by azimuths measured clockwise from true South: 1. 355° 40' 231.40 feet along Lot 3 of Block 2; 2. 85° 40' 88.50 feet along remainder of Block 2; 3. 175° 40' 211.40 feet along -the East side of Likeke Street; thence along a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 4. 220° 40' 28.28 feet; 5. 265° 40' 68.50 feet along the South side of Haihai Street to the point of beginning and containing an area of 20,393 square feet, more or less. G. F {OCLO O Description lion re ared b ucEN \!! AEC PACIFIC, INC. PROF ESSIONAL LAND * SURVEYOR ,; 1 No. 12741 - Roy . Hollowell 6, 4 n. U5P Licensed Professional Land Surveyor Certificate No. 12741, Expires 4/30/10 Hilo, Hawaii, August 26, 2009 • Ede Pavement NA /N Al 51R££' ___ __________. Difd . 1.515. ine 0if[n rJ �y;}.4 1 1 �, 1.515.59 S. ],054.91 E. 1 II ----T Stop r ani. 220'40' Cross Gross I II; .20.0 10 fl front Semi Line =20.01 • N ed9e N AC Driveway I J rn n 1 j \ 40 \� II O \;;t: o a o � 1MK 2 - 4 -21: JO Owners: Pear! X. /akasaki 4 . • Sheldon 5. Nandi 2 • N S bkeke Street 1 m to C Mkt NI 96720 rass e ' _I w Co ve r od y'c d L Om rr ,� 1 10 Fl Side Setback Line I 1Mk. 1 -4 - &: 11 _ ._ -- o.ners: Chet r xubo ^1 -- Flwe SubJinsnn Li ^e z» : Lsutsumi • I dry N. rm.: 10 ft 5id�5efha[k Line J a , ee Sr r J ark A. Ts Street -. el Hdo, N 96710 r Gar ^1 N y m / I Carport Septic ta • C prppr , Leek CovertA $ 0 0 ° o /• Sepfk 1 ti 1 L Covnl Opt.: 2 -4 -21: 29 9 Avaea: Ernothy R. eeofy 1 septic $ Kanto A 'kith I Lee[b C 10 (*eke Street IRO, q 96110 I c. I 1 or, St Side Se Setback Line I �•� 8850 B640 not- 1 -4 -11: LJI NM 1 -4 -11: 161 : chin Soo Rim O wners: Charles K Lonawe 1 Grace Leo Kim Lgoyo 5 Lwdowe 19 Lade Street 16 Lkkeke Street Hilo, N 96110 Kb, I11 96120 • 0 40 30 120 s SCALE: 1 " =40' ZONING CHANGE APPLICATION SITE MAP . APPLICANTS: 323 HAIHA/ STREET Don C. Watson • Donno D. Wotson HILO, SOUTH HILO. ISLAND OF HAWAII, H AWAII TAX MAP KEY: (3RD DIV.) 2 -4 -21: 31 Date of Mop: November 25, 2009 Job Number: 60026043 AECOM PACIFIC, INC. a o c x � m . TRUE NORTH o �+ : stole: I /n. = ao 2 } _— ° o N 11111 iiiiiiii i %1 I1 R1L111R � IIIIIIIUI 111.■i1lli I !%?$iIIii �� � 1 m �ti ° � ° s ii*0 1 tianon 'S' z IIIIIIS 111= iiliI �■ 1. • c3 Z O U I,, 1S a�ooui.N p1 11 1 1 ' 1 111 L 1 N any oanollN . . 3101 o o N • 0 I AIWA II 11111;11..N LINDA LINGLf S.1-.9..f. N c VON 1 GOVERNOR 0.11AWAII ^ r�(1 ,1�{� X V ,Sj 19 9� D 1 0 1 Ili @d U l: U XIM I J :NILM rN 1 1 I I I I I Land and zi (: c } OCT G J 2OOJ FN C KAWAII c nR aRt t ll r� llLN ,e� a � t n ' '@ I ,i M I ' �2 VI I U x CIO cx F �' 3 .. ay U t I au � � x/1 )A4 N N A I lN p }5Q � (]y IJNIAU 1'(Y I NI: r m'l }fill ION AND ODASMI.1. 1)S STATE OF HAWAII CONSEI,,S ON ANU XIiSOO11011N1.DXCITII:N1 IMINI :1111NC 143116 MY AND 11'111)1.11 C tale orN3wa`1 DEPARTMENT OF LAND AND NATURAL RESOURCES Ws)nRIC 1 mmltvAnoN MIXX)IAWF 1X1 , NI) InESCi1 Vn(DmmisSION LAND STATE HISTORIC PRESERVATION DIVISION Snit eANnr 601 KAMOKILA BOULEVARD, ROOM 555 KAPOLEI, HAWAII 96707 October 27, 2009 Mr. Roy G. Hollowell, LPLS LOG NO: 2009.3361 AECOM DOC NO: 0910TD40 100 Pauahi Street, Suite 207 Archaeology Hilo, Hawaii 96720 Dear Mr. Hollowell: Subject: Chapter 6E -42 Historic Preservation Review — Hawaii County Change in Zoning Application (RS 15 to RS 10) Waiakea Ahupua'a, South Hilo District, Island of Hawaii TMK: (3) 2-4-21: 031 Thank you for requesting our review of the subject change in zoning application, which was received in our office September 4, 2009. We apologize for the delay in responding. The application will allow subdivision of a 20,393 square foot lot that currently contains two dwellings. Based on the information pgovided, it appears that no new construction, land alteration or demolition will occur in connection with this application. We determine that no historic properties will be affected by this project because: • ❑ intensive cultivation has altered the land ' ® Development /urbanization has altered the land (two dwellings are in place) ❑ Previous grubbing/grading has altered the land ❑ A previous archaeological inventory survey found no historic properties in this project area ❑ SHPD previously reviewed this project area and mitigation has been completed ❑ Other: In the event that historic resources, including human skeletal remains, lava tubes, and lava blisters /bubbles are identified during the construction activities, all work should cease in the immediate vicinity of the find, 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, heresa K. Donham, Lead Archaeologist ' Hawaii Island Section Historic Preservation Division AECOM AECOM 100 Pauahi Street, Suite 207, Hilo, Hawaii 96720 T 808 961.2776 F 808 935 -5934 www.aecom.com August 27, 2009 State of Hawaii Department of Land and Natural Resources Historic preservation District' 601 Kamokila Boulevard Kapolei, HI 96707 Re: No Effect Letter for Zoning Change Application at 323 Haihai Street Waiakea, District of South Hilo, Island of Hawaii, Hawaii TMK: (31 2 -4 -021: 031 To Whom It May Concern: Don C. Watson and Donna D. Watson, brother and sister, are owners of the above referenced parcel. They have retained AECOM Pacific, Inc. to represent them in order to obtain a Change of Zoning with the County of Hawaii. The proposed change is from RS 15 (residential, minimum 15,000 square foot lot size) to RS 10 (residential, minimum 10,000 square foot lot size). This is a request for a "No Effect" letter from your agency in order to show that there are no archeological, cultural or historical sites located on the site. The site is in an urban area that has been developed for fifty plus years. Please see the attached location map for reference. Per the County of Hawaii if the Historic Preservation Districthas not responded within 30 days, the applicants will assume no archeological, cultural or historic sites exist on their parcel and they may proceed with the Change of Zoning application. Sincerely, Roy G, Hollowell, LPLS Project Manager (808) 933 -2862 Enclosure: Location Map • PL,t l 'r• }.!. 5 ,r { . A 1 -: ` - -.1 :5 DEPARTMENT OF PUBLIC WORKS I 1,: 00 HILO, OF HAWAII HILO, HAWAII DATE: February 11, 2010 o®(.e TO: BJ Leithead Todd, Planning Director FROM: 4-0- Department of Public Works SUBJECT: CHANGE OF ZONE APPLICATION (REZ 09- 000115) Applicant: Don C. Watson and Donna D. Watson Request: RS -15 to RS -10 Tax Map Key: 2 74 -21: 031 We have reviewed the subject application forwarded by your memo dated January 12, 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 500 -year floodplain. Haihai and Likeke Streets are County streets with right -of -way widths of 40 feet. We recommend the applicant provide 5 -ft wide future road widening setbacks fronting Haihai and Likeke Streets including a minimum 20 -ft property line radius at the roads' intersection. We also recommend all trees and shrubs within the future road widening setbacks be removed at no cost to the County. Questions may be referred to Kelly Gomes at ext. 8327. • SCANNE Planning Dept. -Lt1 2010 0 6 t Exhibi Z_a reason) of Hawaii is an Fmial (Mnnrtnnity Provider and Fmnlnver " I DEPARTMENT OF PUBLIC WORKS 1M FED �� 1 �, COUNTY OF HAWAII HILO, HAWAII y�� � DATE: February 25, 2010 I Nsad 1G TO: BJ Leithead Todd, Planning Director 2 A FROM: 4, Department of Public Works SUBJECT: CHANGE OF ZONE APPLICATION (REZ 09 000115) Applicant: Don C. Watson and Donna D. Watson Request: RS -15 to RS -10 Tax Map Key: 2 -4 -21: 031 We'd liked to amend our February 11, 2010 memorandum to you regarding the classification and future road widening of Haihai Street. The Zoning Map (Ordinance No. 187) classifies Haihai Street as a secondary arterial with a proposed right -of -way width of 60 feet. Therefore, we recommend the applicant provide a 10 -ft wide future road widening setback fronting Haihai Street. Questions may be referred to Kelly Gomes at ext. 8327. • j SCANNED mAR ;.2010 ` B,: 061163 County of Hawaii is an Equal Opportunity Provider and Employer F WE • ATR ' O S l' 9 49 DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII G *V. > ;'- rroF 345 KEKUANAO'A STREET, SUITE 20 • HILO,HAWAI'I 96720 mo _ TELEPHONE (808) 961 -8050 • FAX (808) 961 -8657 February 19, 2010 TO: Ms. BJ Leithead Todd, Planning Director Planning Department FROM: Milton D. Pavao, Manager r - SUBJECT: CHANGE OF ZONE APPLICATION (REZ 09- 000115) ; n - M APPLICANT — DON C. WATSON AND DONNA D: WATSON e' REQUEST: RS -15 TO RS -10 w TAX MAP KEY 2 -4- 021:031 4n qz„ W We have reviewed the subject application and have the following comments and conditions. w ' -- co Water is available from an existing 8 -inch waterline within Likeke Street or from and existing 10 -inch waterline within Haihai Street, both fronting the subject parcel. The subject parcel currently has a two (2) existing 5/8 -inch meters, which are each limited to average usage of 400 gallons per day and suitable for only one single- family dwelling. Therefore, we have no objection to the proposed change of zone as there are existing services available to each of the two (2) proposed lots (Account Nos. 130 -49560 and 130- 50000). Prior to granting final subdivision approval, the applicant shall inform the Department, in writing, which lot each meter will be assigned to. Should there be any questions, you may contact Mr. Finn McCall of our Water Resources and Planning Branch at 961 -8070, extension 255. Sin ours, D. Pavao, P.E. L Ma ._- SCANNED FM:dfg b E h s d i copy - Mr. Don C. Watson and Ms. Donna D. Wats. , BY:----- M & E Pacific, Inc. Manning Dept. Exhibit . Water, Our Most Precious Resource . , .7Ka Wai A Kane .. . The Department of Water Supply is an Equal Opportunity provider and emolover. or os ■ ;. 1 L o. e William P d" . Kenoi • , E N. .%t: t Lono A. Tyson Mayor Director • William T. Takaba • • * tiff? ) E -9! .1 <s ` dt ypn M. Torigoe E Os Managing Director -, -- Deputy Director Crannfg of �tfv i i DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo, Hawaii 96720 (808) 961 -8083 • Fax (808) 961 -8086 http: / /co.Hawai'i.hi.us /directory/dir envmn¢.htm MEMORANDUM Date : January 19, 2010 To . BJ LEITHEAD TODD, Planning Director • From: LONO A. TYSON, Director gA Subject: Change of Zone Application (REZ 09- 000115) Applicant: Don C. Watson and Donna D. Watson Request: RS -15 to RS -10 TMK:2 -4 -21:31 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: (Zt =R-(2 ECO WASTEWATER COMMENTS: (Contact Wastewater Division for details.) ( /(No comments ( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21 -5 of the Hawaii' i County Code. ( ) Require Council Resolution to approve sewer extension in accordance with Section 21 -26.1 of the Hawai'i 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 Hawai'i County Code. ( ) If required by the Director of the Department of Environmental Management ( "Director of DEM "), applicant shall conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. Applicant shall provide such sewer line or other - facility improvements as the Director of DEM may reasonably require, which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief for details. ( ) Other: SOLID WASTE COMMENTS: (Contact Solid Waste Division for details.) ( ) No comments Planning Dept. (c Commercial operations, State and Federal agencies, religious entities and non - profit organizations may not use transfer stations for disposal. Exh l hl$ (Sp) Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. (k) Ample and equal room should be provided for rubbish and recycling. (-so) Green waste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or other suitable diversion programs. (,0) Construction and demolition waste is prohibited at all County Transfer Stations. (e) Submit Solid Waste Management Plan in accordance with attached guidelines. - ry " ( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department • n i PSsf l s t atbs s. . Vi ' ( ) Other: (� y �ff�{p(,'r� ����Y cc: SWD, 1d♦ County of Hewai`i is an Equal Opportunity Provider and Emalover. 3kv• .2_7 e William P. Kenoi •'�'_'� %3,,��E . •r- Lono A. Tyson Mayor t"10S' Director .'+4Cit— s∎Al =• Ivan Torigoe Deputy Director • EII)xutg II1 Paftta • DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo, Hawaii 96720 • (808) 961 -8083 • Fax (808) 961 -8086 • http: / /co.hawaii.hi.us /directory/dir envmng.htm 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. A qualified consultant 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 onsite 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 • County of Hawai9 is an Equal Opportunity Provider and Employer. Solid Waste Management Plan Guidelines Page 2 of 2 vehicle movements and associated routes that will be used to transport the waste and recycled materials. 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 solid 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 at 808 - 961 -8515. CONCUR: Lono A. Tyson DIRECTOR County of Hawaii is an Equal Opportunity Provider and Employer. � - I P r �71 .t. i410 ':Pr t i o Ze t \L 41 I 161111111 101111f. Jll )111 111 AS 1959 "�y IIII x 1I x. ux 1 dn( c.I lb 4_17 and and N - Pt 3�° 5 7 d@ r J/ I RUN CA \N \II \I(\ p ' K a VI II (1 P':II AMA x 4 ��;':✓ 't CONSERV/NIION ` STATE OF HAWAII "v "' ` L.I St are OfH m* DEPARTMENT OF LAND AND NATURAL RESOURCES w s w ioN Knuoninis 1St AN I,!'.CYI11'L COMMISSION STATE HISTORIC PRESERVATION DIVISION vn 601 KAMOKILA BOULEVARD, ROOM 555 KAPOLEI, HAWAII 96707 February 17, 2010 Bobby Jean Leithead -Todd, Planning Director LOG NO: 2010.0740 Attention: Jeff Darrow DOC NO: 1002TD13 County of Hawaii Planning Department Archaeology 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 -4224 Dear Ms. Leithead -Todd: SUBJECT: Chapter 6E -42 Historic Preservation Review — Hawaii County Change in Zoning Application (REZ 09- 000(15) ':I .; \Ter Waiakea Ahupua'a, South Hilo District, Island of Hawai'i TMK: (3) 2 -4 -21: 031 Thank you for requesting our review of the subject change in zoning application (RS -15 to RS -10), which was received in our office January 28, 2010. The application will allow subdivision of a 20,393 square foot lot that currently contains two dwellings. Based on the information provided, no new construction, and alteration or demolition will occur in connection with this application. We previously commented on this action (Log 2009.3361, Doc 0910TD40), and we have no new information to indicate that our prior determination should be revised. We determine that no historic properties will be affected by this project because: ❑ Intensive cultivation has altered the land ® Development /urbanization has altered the land (two dwellings are in place) ❑ Previous grubbing/grading has altered the land ❑ A previous archaeological inventory survey found no historic properties in this project area ® SHPD previously reviewed this action and determined that no historic properties will be affected ❑ Other: • In the event that historic resources, including human skeletal remains, lava tubes, and lava blisters /bubbles are identified during the construction activities, all work should cease in the immediate vicinity of the find, 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, Theresa K. Donham, Lead Archaeologist _ Hawaii Island Section t SC ANN Historic Preservation Division ;� ;IIili Ing Deft. Exhibit OU0804 1 BY c4 . • LINDA LINGLE „ CHIYOME L. FUKINO, M.D. GOVERNOR < i 4 �osr, •`\ Director of Health 11) 1 971 t' l OE PA_ rf . +� a rfl l 9 1 - tout rai Aral/ 281 JAN 2 PA 3: 77 STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721 -0916 MEMORANDUM DATE: January 20, 2010 TO: Bobby Jean Leithead Todd Planning Director, County of Hawaii FROM: Newton Inouye Acting District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 09- 000115) Applicant: Don C. Watson and Donna D. Watson Request: RS -15 to RS -10 Tax Map Key: 2 -4 -21:31 Wastewater Branch has no objection to the subdivision as long as each lot is 10,000 square feet or larger. We recommend that you review all of the Standard Comments on our website: http: //hawaii.gov/ health/ environmentalienv- planning/landuse /landuse.html. Any comments specifically applicable to this project should be adhered to. The same website also features a Healthy Community Design Smart Growth Checklist (Checklist) created by Built Environment Working Group (BEWG) of the Hawaii State Department of Health. The BEWG recommends that state and county planning departments, developers, planners, engineers and other interested parties apply the healthy built environment principles in the Checklist whenever they plan or review new developments or redevelopments projects. We also ask you to share this list with others to increase community awareness on healthy community design. WORD:REZ 09- 000115.my Panning apt. Exhibit_ SCANNER) I RWatson- REZ09- 115 .jwd 03 -03 -10 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION DON C. WATSON AND DONNA D. WATSON CHANGE OF ZONE APPLICATION (REZ 09- 000115) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation of the Change of Zone request be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Planning Director reserves the right to modify and /or alter this recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicants are requesting a Change of Zone from Single - Family Residential - 15,000 square feet (RS -15) to Single - Family Residential - 10,000 square feet (RS -10) for approximately 20,393 square feet of land to subdivide the property into two lots. Each lot will be approximately 10,195 square feet in size and will retain an existing single - family dwelling. Upon approval of the change of zone, the applicants will apply for subdivision approval immediately. The applicants, who are brother and sister, are both getting on in years and have a desire to separate their financial holdings. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The Change of Zone request from a Single- Family Residential - 15,000 square feet (RS -15) to a Single - Family Residential - 10,000 square feet (RS -10) conforms to the goals, policies and standards of the General Plan Land Use and Housing 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 Ccmn. 797 Bill 241 • designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land Use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The proposed Change of Zone will conform to, among others, the goals, policies and standards of the Land Use and Housing Elements of the General Plan: Land Use • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. Land Use — Single Family Residential • To maximize choices of single - family residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single - family residential zoned areas. • Designate and allocate single - family residential zoned lands at varying densities for future use in accordance with the needs of the communities and the stated goals, policies, and standards. Housing • Encourage and expand home ownership opportunities for residents. • Seek sufficient production of new affordable rental and fee - simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. -2- The requested change of zone conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non -urban form for areas within the County. The property is designated Low Density Urban, which reflects uses that are single- family residential in character. The property is rectangular in shape and 20,393 square feet in size., There are two existing single - family dwellings constructed on the property. There is a 3- bedroom/2- bath dwelling constructed in 1964, which is located at the corner of Haihai Street and Likeke Street. Additionally, there is an ohana 3- bedroom/2 %z bath dwelling constructed in 1992 located along Likeke Street. Under the current zoning, the owners were able to build a second house on the original lot as an `ohana dwelling', but could not subdivide the property. If approved, the applicants could build an ohana dwelling on each newly created lot, resulting in twice the amount of density. The Planning Director supports this rezoning request to allow a two - lot subdivision, but only on the condition of allowing one home on each lot. Therefore, a condition will be included in the change of zone ordinance to prohibit a second dwelling (ohana) unit and a condominium property regime on each lot. As a result, the rezoning will not increase the potential number of houses but gives the owners the option of subdividing into two lots. The surrounding area is predominantly in single family residential use and is zoned RS -10 and RS -15. There was a similar change of zone from RS -15 to RS -10 near the subject property, which was approved in 1991. The Hilo Municipal Golf Course is located directly across Haihai Street, which is zoned Open. All utilities and services are available to the site. Access to the property is from Haihai Street and Likeke Street. Both streets are County -owned with an approximate 20 -foot pavement within a 40 -foot right -of -way. The Department of Public Works is recommending that the applicants provide a 10 -foot wide future road widening . -3- setback along Haihai Street and a 5 -foot wide future road widening setback Likeke Street, including a minimum 20 -foot property line radius at the roads' intersection. Therefore, a condition of approval will be added requiring the applicants to provide the above referenced future road widening setbacks and radius. County water is available to the property and both dwellings are hooked up to County water. The existing dwelling along Haihai Street utilizes a cesspool and the existing dwelling along Likeke Street utilizes a septic system for sewage disposal. Solid waste will be disposed of by the homeowners or commercial haulers at appropriate sites designated by the Department of Environmental Management. Electricity, telephone and cable services are available to the site. The police and fire stations are located in Hilo. The property has no severe geological or topographical problems which cannot be rectified or which would render the land unusable. The project site is located within Zone "X ", area determined to be outside the 500 -year floodplain. All development generated storm run -off shall be disposed of on -site and not allowed onto adjacent properties or roadways. The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not located in the Special Management Area. The project site is located about 3.5 miles from the nearest shoreline and will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access to the shoreline or mountain areas that traverses the property. According to the applicants, no valued cultural, historical or natural resources exist on the property and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Therefore, no action is necessary to protect these rights. Based on the above findings, approval of this change of zone request from a Single- Family Residential - 15,000 square feet (RS -15) to a Single - Family Residential 10,000 - square feet (RS -10) zoned district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. -4- The•accompanying draft bill to amend Section 25 -8 -33 (City of Hilo Zone Map), Chapter 25 (Zoning Code) of the Hawai`i County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. • • -5- "JMtY OF Nth'•.,. COUNTY OF HAWAII i• STATE OF HAWAII BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25 -8 -33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE - FAMILY RESIDENTIAL — 15,000 SQUARE FEET (RS -15) TO SINGLE - FAMILY RESIDENTIAL — 10,000 SQUARE FEET (RS -10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2 -4- 021:031. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25 -8 -33, Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waiakea, South Hilo, Hawaii, shall be Single - Family Residential — 10,000 square feet (RS -10): Beginning at a point at the Northeast corner of this lot on the South side of Haihai Street, being also the Northwest corner of Lot 3 of Block 2, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 15,515.59 feet South and 7,054.91 feet East, and running by azimuths measured clockwise from True South: 1. 355° 40' 231.40 feet along Lot 3 of Block 2; 2. 85° 40' 88.50 feet along remainder of Block 2; 3. 175° 40' 211.40 feet along the East side of Likeke Street; Thence along a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 4. 220° 40' 28.28 feet; -1- 5. 265' 40' 68.50 feet along the South side of Haihai Street to the point of beginning and containing an area of 20,393 square feet, more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25 -2 -44, Hawai`i County Code 1983 (2005 Edition), the County Council finds the following conditions are: Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (1) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAI`I , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -2- • r • i as Si OPEN 1 111 1 . , S • ■ 15,515.595 ],054.91E •,054.9' HAIHAI ST MIS Ilia 11.111111 OPEN ' TmR l)aap2:igi SINGLEFAM RESIDENTIAL- = MIS 11111 Z � R5-15 j I 15,000 SOFT (RS -15) TO SINGLE-FAMILY RESI irlAL 10 ➢ 10,000 S QUAB FEET �.. I 30,193 SQUARE FEET OIN ow is muss Sas NI !IS Vas IN Om SIM rig" ow �.. � S�seas So o n r � MIS MUM r MI Feet 0 200 400 800 1,200 1,600 2,000 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25 -8 -33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI'I COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE- FAMILY RESIDENTIAL - 15,000 SQUARE FEET (RS -15) TO SINGLE - FAMILY RESIDENTIAL - 10,000 SQUARE FEET (RS -10) AT WAIAKEA, SOUTH HILO DISTRICT, HAWAII MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TMK: 2- 4- 021:031 - DATE: Oct. 20, 2009 EXHIBIT "A" - Donna D. Watson Map 1280 CWatson- REZ09- 115.jwd 03 -03 -10 DON C. WATSON AND DONNA D. WATSON CHANGE OF ZONE APPLICATION (REZ 09- 000115) CONDITIONS OF APPROVAL A. The applicants, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Final Subdivision Approval shall be secured within five (5) years from the effective date of this ordinance. C. The applicants shall provide a 10 -foot wide future road widening setback along Haihai Street and a 5 -foot wide future road widening setback along Likeke Street . including a minimum 20 -foot property line radius at the roads' intersection, which shall be denoted on the subdivision plat map. The future road widening setbacks shall be dedicated to the County within 5 years after receipt of Final Subdivision Approval. D. 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. A copy of the proposed covenant(s) to be recorded with the State of Hawai`i 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. E. 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. F. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources — State Historic Preservation Division (DLNR -HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance froni DLNR- HPD when it finds that sufficient mitigation measures have been taken. G. 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 share contribution may be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have.a combined value of $11,996.63 for the additional single family residential unit. The fair share contribution per single family residential unit shall be allocated as follows: 1. $5,784.99 per single family residential unit to the County to support park and recreational improvements and facilities; 2. $279.07 per single family residential unit to the County to support police facilities; 3. $551.20 per single family residential unit to the County to support fire facilities; 4. $241.32 per single family residential unit to the County to support solid waste facilities; and 5. $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. H. 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. The applicants shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. J. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non - performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). 5. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. K. 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.