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HomeMy WebLinkAboutCOM 0688.000 2008-2010William P. Kenoi Paw, County of Hawaii William T. Takaba Alnnrrgmg Director Wall Lau Depun Afaru{emg Ove, N, 80l III aIan i Street • IIiIo, IlmwYi 96720-3982 • (808)961-8211 • Fax (808) Q61-6553 KONA 75-5706 Kuakmi Highway, Surte 103 • Kmlua-Kona, Ha«am'i 96740 (308)3'9-5226. Fat (808) 326-5663 n January 19, 2010 t) N Honorable J Yoshimolo, Chairman -0 and Members of the County Council County of Hawaii v 25 Aupuni Street 'n r, x Hilo, HI 96720 Dear Chairman Yoshimoto and Members: ✓Change of Zone Application (REZ 09-000101) Applicant: Steven & Loretta Milner Request: RS -15 to CV -10 Tax Map Key: 5-5-10:25 Change of Zone Application (R -EZ 09-000105) Applicant: Charles G. Bockus Request: A -5a to FA -2a Tax Map Key' 7-7-7'47 As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above -referenced requests. Sincerely, L ,William P. I cnoi Mayor Enclosures cc: Planning Department (B; 1l ao3% Coma. Ref. 'o: Ref. Uara SAN 2 7 2010 County of Hawaii PLANNING COMMISSION Aupuni Centel • 101 Nwahi Stwel. Suite i • Hilo, Hawaii 06720 Phonc18081961-8288 • Fax1808061-5742 January 12, 2010 The Honorable J Yoshimoto, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yoshimoto and Council Members: Change of Zone Application (REZ 09-000101) Applicant: Steven & Loretta Milner Request: RS -15 to CV -10 Tax Map Key: 5-5-10:25 The Leeward Planning Commission, after a duly held public hearing on December 9, 2009, voted to recommend for your approval the proposed legislative bill for a Change of Zone from a Single Family Residential — 15,000 square feet (RS -15) to a Village Commercial — 10,000 square feet (CV -10) district for approximately 1. 16 acres of land. The property is located on the west side of Hawi Road, approximately 420 feet south of the Akoni Pule Highway — Hawi Road intersection, Ka'auhuhu, North Kohala, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicants request a change of zone from RS -15 to CV -10 in order to lease office space in the existing structures to the general public. Offices are not a permitted use in the RS -15 zoned district, but are permitted in the CV zoned district. No new construction is proposed. 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. flawai'i C'ountY is an Equul Oppornmih• Powider and Empincei- The Honorable J Yoshimoto, Chairman and Members of the County Council Page 2 The Change of Zone request from a Single -Family Residential (RS -15) to the Village Commercial (CV -10) zoned district will conform to the goals, policies and standards of the General Plan and North Kohala Community Development Plan. 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. 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 project area is designated Medium Density Urban on the LUPAG Map. This designation includes village and neighborhood commercial, single-family and multiple -family residential and related services. Therefore, the requested Village Commercial zoning would be consistent with the LUPAG Map. A goal of the General Plan land use element for North Kohala encourages the concentration of commercial uses within Hawi and Kapa`au towns. Similarly, the North Kohala Community Development Plan (NKCDP) seeks to direct future urban growth within or near town centers in order to preserve surrounding important agricultural lands for agricultural uses. The subject property is located in the Hawi town center, adjacent to other CV -zoned lands to the north and east and has been developed with a gymnasium for over 40 years. The proposed change of zone would achieve these goals by complementing the existing nearby commercial land uses and providing for an orderly development of the area. All essential utilities and services are available to the site. The subject property has been developed for over 40 years with a gymnasium. Access is from Hawi Road, which is a 2 -lane paved State roadway. A 24 -foot wide paved driveway access and paved and gravel parking areas are in place at this time. Additionally, there are existing utilities that serve the property such as County water, two commercial -volume septic systems for sewage disposal, and an existing on-site drywell drainage system. County water is available to the property, but is limited to one unit of water which is equivalent to 400 gallons per day. According to the Department of Water Supply The Honorable J Yoshimoto, Chairman and Members of the County Council Page 3 (DWS), since recreational activities were relocated from the Hisaoka Gym to the subject property after the 2006 earthquake, average daily water usage has exceeded the one unit allocation. Should the change of zone request be approved, the applicant proposes to continue using the existing facilities as currently being used. Therefore, the DWS believes the request can be accommodated so long as the applicant reduces their water usage to within the one unit allocation. The DWS also recommends installation of a backflow prevention assembly at the existing water meter and installation of a fire hydrant to provide minimum fire -flow for fire prevention, if required by the Fire Department. Conditions of approval will be added to include these recommendations. The applicant will install additional sewage disposal systems, should they be required by the Department of Health. Solid waste will be handled by commercial haulers and a Solid Waste Management Plan will be prepared by the applicant. Electricity and telephone services are available to the site. Police and fire services are located in Kapaau approximately 2 miles from the property. The project site has no severe geological or topographical problems which cannot be rectified or which would render the land unusable. The property is located within Zone "X", an area determined to be outside the 500 -year floodplain. All development generated storm run-off will be disposed of on-site and not allowed onto adjacent properties or roadways. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management. The property is not located in the Special Management Area. The project site is not proximate to the shoreline and will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access to the shoreline or mountain areas that traverses the property. According to the applicant, no valued cultural, historical or natural resources exist on the property and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. 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. Rased on the above findings, approval of this change of zone request from a Single -Family Residential (RS -15) to a Village Commercial (CV -10) zoned district would result in an appropriate land use pattern that will further benefit the general public. For your favorable consideration, an amendment to Section 25-8-9 (Hawi-Kapa'au Zone Map), of the County Zoning Code is transmitted. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 4 We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, // Rodney7atinabe,Chairman Leeward Planning Commission LmiIncaeLn9-000106W WPC Enclosures cc: Steven and Loretta Milner Department of Public Works Department of Water Supply Department of Land & Natural Resources -HPD DOT -Highways, Honolulu Lincoln Ashida, Esq., Corporation Counsel WtlnerREZ mac -(1/23/09 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT STEVEN AND LORETTA MILNER CHANGE OF ZONE APPLICATION 1REZ 09-1061 STEVEN AND LORETTA MILNER have submitted an application for a Change of Zone from a Single -Family Residential- 15,000 square feet (RS -15) to a Village Commercial - 10,000 square feet (CV -10) zoned district for approximately 1.16 acres of land. The subject property is located on the west side of Hawi Road, approximately 420 feet south of the Akoni Pule Highway/Hawi Road intersection, Ka`auhuhu, North Kohala, Hawaii, TMK: 5-5-10:25. PROPOSED ACTION 1. Request: Change of zone from RS -15 to CV -10 for approximately 1.16 acres of land. (Planning Department Exhibit i — Change of Zone Application) 2. Objective: The landowners would like to make the existing structures available to the community for office space, meetings and community events. The existing gymnasium (known as the Hawi Gym) is currently being used for recreation purposes by the County until the Hisaoka Gym is repaired, as well as by local sporting organizations, hula halaus and community groups. However, the current RS -15 zoning does not allow the existing structures to be used for leased office space. No new construction is proposed. 3. Landowner: Steven Milner, Loretta Milner, Clayton Yamamoto, Desiree Yamamoto. STATE AND COUNTY PLANS 4. State Land Use Designation: Urban. 5. CountyZoning: Single -Family Residential -15,000 square feet (RS -15). 6. GP LUPAG Map: Medium Density Urban. 7. North Kohala Community Development Plan (NKCDP): The SKCDP which was adopted by Ordinance No. 08 151 on November 5, 2008 does not identify a specific land use for the property; however, the property is located in the Haw -1 town center. DESCRIPTION OF SUBJECT PROPERTIES AND SURROUNDING AREA 8. Subject Property: The subject property is rectangular in shape and sits at an elevation of 590 feet above sea level. There are two existing structures; a 13,500 square -foot ATTACH: Cam. 688 Bill 203 community gymnasium and a structure that houses classrooms and meeting rooms. A paved parking area is located on the east side of the property and a gravel parking area is located in the rear of the property. Structures on the property were formerly used as a church. 9. Surrounding Zoning/Land Uses: Surrounding properties are zoned RS -15 and CV -10. Land uses in the vicinity are commercial and residential, with a restaurant and hotel on the adjacent property to the north, commercial uses across Haw -1 Road to the east, and single-family residential properties to the west and south. 10. ALISH: Existing Urban Development. 11. Land Study Bureau's Detailed Land Classification System: Unclassified. 12. U.S. Soil Survey: Kohala silty clay, 0 to 3 percent slopes (KhA) consists of approximately 39 inches of clay and loam soil above weathered igneous rock. Permeability is moderately rapid, runoff is slow, and the erosion hazard is slight. 13. FIRM: Zone "X", area determined to be outside the 500 -year flood plain. 14. Noise Impacts: Existing ambient noise includes traffic and noise associated with the existing gymnasium use. The request is not expected to significantly increase noise sources on the property. 15. Floral/Faunal Resources: No professional surveys were conducted of the property. It is unlikely that any floral or faunal resources exist on the site as the property has been developed with a community center and gymnasium for over 40 years. 16. Historical/Archaeological/ Cultural Resources: No professional surveys were conducted of the site since the property as been developed for over 40 years. In a letter dated July 23, 2009 the DLNR-SHPD determined that no historic properties will be affected because construction is not proposed at this time. There are no known cultural resources or traditional or customary practices occurring on the property. 17. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the property. 18. Traffic: The request is not expected to significantly affect traffic in the area. PUBLIC UTILITIES AND SERVICES 19. Access: Access to the subject property is via a 24 -foot wide paved driveway from Hawi Road which is a paved, two-lane State roadway. -2- 20. Water: County water is available to the property by a 5/8 -inch meter; however the property is limited to one unit of water or an average of 400 gallon per day. According to the Department of Water Supply, the current average daily usage through the meter is three units of water. 21. Wastewater System: There is no municipal sewer system available in the Haw-, area. According to the Department of Health, two commercial -volume septic systems currently service the property. 22. Solid Waste: Solid waste is disposed of at a nearby County transfer station. 23. Essential Utilities and Services: Telephone and electrical services are available to the property. Police and fire services are located in Kapaau about 2 miles from the subject property. AGENCIES COMMENTS 24. Department of Public Works: P.D. Exhibit 2 — October 9, 2009 memo 25. Department of Water Supply: P.D. Exhibit 3 — November 12, 2009 memo 26. Department of Environmental Management: P.D. Exhibit 4 — October 5, 2009 memo 27. DLNR Historic Preservation Division: P.D. Exhibit 5 — October 21, 2009 letter 28. Office of Housing and Community Development: P.D. Exhibit 6 — October 20, 2009 memo 29. Department of Health: P.D. Exhibit 7 — October 21, 2009 memo APPLICANT'S RESPONSE TO AGENCY COMMENTS 30. P.D. Exhibit 8 - Fax dated October 16, 2009 related to DPW comments AGENCIES - NO COMMENTS OR OBJECTIONS 31. Police Department. AGENCIES - NO RESPONSE 32. Fire Department, DLNR-Land Division, Department of Transportation. PUBLIC COMMENTS 33. None as of this writing. -3- CHANGE OF ZONE APPLICATION .7 APPLICANT: Steven M. Milner Loretta J. Milner Subject Property: K: 3-5-5-10:25 Subject Property Address: 55-522 Hawi Road, Hawi Hawaii 96719 Request: RS�� to CV 10 15 Copy 20 of 20 Planning 1,F:pt. CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Steven M. Milner and Loretta J._Miber T— APPLICANT'S APPLICANTS SIGNATURE: ADDRESS: Post Office Box 6573, Kamuela, Hawaii 96743 - a -a,T DATE: i�9j% LIST APPLICANT'S INTEREST IF NOT OWNER: N/A LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) 808-885-5516 (Res.) 808-776-1681 (Fax) 808-885-9425 LANDOWNER(S): Loretta J. Milner, Steven M. Milner, Clavton Keka'auwi Yamamoto. Desiree Mahealani Yamamoto LANDOWNER SIGNA LANDOWNER SIGNA (May be by letter) ! LANDOWNER(S) ADDRESS: Loretta and Steven Milner, P ox 6573, Kamuela, Hawaii 96743 Clavton Yamamoto PO Box 4 Hawi. Hawaii 96719 REQUEST: RS 15 TO Cv 10 (Existing zoning) (Proposed Zoning) TAX MAP KEY: 3-5-5-10:25 STREET ADDRESS OF PROPERTY: 55-522 Hawi Road, Hawi, Hawaii 96719 SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 1.160 Acres AGENT: Loretta Milner ADDRESS: PO Box 6573, Kamuela, Hawaii 96743 TELEPHONE: ( Bus.) 808-885-5516 (Res.) 808-776-1681 (Fax) 808-885-9425 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Loretta Milner ATTACHMENT Commercial, RM, Resort, & Industrial 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? No If Xes, please answer the rest of question I 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? l If you intend to subdivide, please submit a preliminary l schematic subdivision plan together with your change of zone application form. l 2. If you nave no firm plans of subdividing the subject area, l do you intend to: a. Sell or lease the land to someone who has firm plans? NO b. Sell or lease the land to someone who has tentative plans? NO C. Sell or lease the land to someone who has no plans? NO C1. Keep it? YES e, other (please state) L 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. Not Applicable 3. What specific building plans do you have for the subject land? Include in your answer the following; type of building (apartment, office, launderette, etc.); financing arrangement; timetable for construction; and any other information which you feel might help us in evaluating your request. We have no plans to change the existings,.structures. 4. Have .you performed any study which would demonstrate a.need for your proposed building and/or development? NO if so, please elaborate on your findings in the space provided below. -2- 5. Have you performed any study which discusses the environmental impacts your request would nave on the surrounding area and/or the County? NO If so, please elaborate on your findings in the space provided below. 6. Are there any buildings on the subject area? YES If so, what kind? A gymnasium and a building with restrooms and conference rooms What do you intend to do with those buildings if your request is approved? We intend to keep both structures as is and continue using them as they c-ro currently being used to date: Parks and recreation activities, halau practice, civic club meetings as well as other meetings and classes for various community groups. 7. Is the subject land currently being used for any agricultural activity? No if so, please list the kinds of products grown on and how many square feet or acres of land per product? -3- B To your knowledge, has there been any flooding and/or drainage problem on the subject area? If so, please describe the problem. 9. Do you.think that the roads leading to the subject area needs improvement? If so, what kind? NO NO Is the road adequate for the proposed traffic volume YES or load? 10. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? a. Schools b, Roads c, Sewer I Drainage e. Police Protection f. Fixe Protection g, Recreational Facilities h. Recreational Facilities i. -4- yes po x x For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. 11. Have you performed any historic sites study and/or survey of the subject area? If so, what were the results? Please, also, submit a copy of the study together with this change of zone supplement. NO Signature: v Address: Telephone: 9G'�613 Date: /O 19 -5- 6338A/50A P. D, 5/84 A. Background and County Environmental Report Attachment to Change of Zone Application Residential 15 (RS -15) to Commercial Village (CV -10) Tax Map Key: 5-5-010:025 Hawi Village, North Kohala, Hawaii 1. Details of Proposed Use/Development A. Project Description: To keep existing parcel along with existing gymnasium and office space as is. B. Statement of Objectives and reasons for the request: The owner wants to make this facility available to the community for office space, meetings and community events. The current Zoning of RS -15 does not allow the existing property to be utilized as such due to the fact that the act of leasing the office space would not be in compliance with the current Zoning regulations. C. Number of Acres: Lot is 1.16 acres. D. Proposed Lots: Not Applicable E. Time Frame and Cost: There are no plans to excavate, grade or construct. F. Membership: Not Applicable G. Parking Arrangement: There are two parking areas. The street side (East) of the building parking area is a paved 30' x 120' area. The East side parking is a gravel 60'x135' area. H. Traffic Impacts: Not expected to substantially affect traffic in the area. 1. Other Related Information: Gymnasium is currently being used as a temporary venue for County of Hawaii Department of Parks and Recreation activities in the interim of the Hisaoka Gym repairs. Local sporting organizations, hula halaus and community groups use the gymnasium as well. J. Proposed and off site infrastructure: Not Applicable Milner Change of Zone Application TMK 3-5-5-10:25 B. CONFORMANCE WITH STATE/COUNTY PLANS 2. Current designation is Residential. 3. Coastal Zone Management: The closest shoreline is over 2.10 miles away. This site is not in a coastal area nor can it be seen from a coastal area therefore the proposed use is not contrary to Chapter 205A. 4. Applicable goals/policies and objectives of the General Plan: The requested change of zone would be consistent with the goals, policies and standards of several functional areas or elements of the General Plan. The applicable goals, policies and standards are as follows: Economic: Goals: Provide residents with opportunities to improve their quality of life. Economic development and improvements shall be in balance with the physical and social environment of the island of Hawaii. The county of Hawaii shall strive for diversity and stability in its economic system. The County of Hawaii shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. Policy: The County of Hawaii shall strive for an economic climate which provides its residents an opportunity for choice occupation. The County of Hawaii shall strive for diversification of its economy by strengthening existing industries and attracting endeavors. Discussion: The rezoning will allow individuals, clubs, organizations and businesses a place to have meetings, classes, gatherings, sporting events and offer services. This type of facility is compatible with the surrounding area where these types of activities are economically viable for the community. Recreation Goal: Provide a wide variety of recreational opportunities for the residents and visitors of the County. Provide a diversity of environments for active and passive pursuits. Policy: Facilities for compatible multiple uses shall be provided. Coordinate recreational programs and facilities with governmental and private agencies and organizations. Innovative ideas for improving recreational facilities and opportunities shall be considered. Discussion: The requested change of zone will enable owners to continuing operating this recreational facility. Without the threat of non compliance, owners will be able to utilize the buildings to its fullest potential. There are several community groups, local sports clubs and community members using the facility. This facility would continue to offer the community recreational opportunities for residents and visitors alike. Milner Change of Zone Application TMK 3-5-5-10:25 Land Use Goal: Provide for commercial developments that maximize convenience to users. Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities and neighborhoods. Policy: Allocate appropriate requested zoning in accordance with the existing of projected needs of neighborhood, community, region and County. Discussion: The parcels surrounding the subject property are zoned Commercial Village 10. The requested change of zone would continue to provide a consistent mix of commercially zoned lots of surrounding parcels. 5. General Plan Designation (LUPAG Map): general Plan designation is MDU. MDU Represents Medium Density Urban 6. Zoning: Current County of Hawaii Zoning is RS -15 7. Community Development Plan: Subject property is located within the boundaries of the North Kohala Community Development Plan. 8. Special Management Area: Site is not within SMA C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA 9. Description of subject property, location, climate, topography, slope, soils (including size, shape, existing structures): Subject property is located in the center of Hawi town about 90 yards from the intersection of Akoni Pule Highway and Hawi Road. Property is 1.160 Acres. Boundary measures are: North 263.43, South 216.82 East 192.28 and West 193.89. Property is fairly flat sloping 0-3%. Elevation is 590 feet. Mean annual rainfall is between 40 and 60 inches. Mean annual temperature ranges between 67-82 degrees Fahrenheit. There are two existing structures on the property. Both structures are situated in the middle of the property. The first structure is a 13,500 sq. ft gymnasium. The second structure is situated directly next to the gymnasium and is used for classroom and meeting rooms. 10. Lava Hazard Zone: The site is located on the northern lower slopes of the Kohala Mountains which is designated Zone 9. Zone 9 volcanic hazard is considered extremely low. 11. Distance from Coastline: Site is approximately 2. 10 miles from coastline. 12. Agricultural Lands of Importance in the State of Hawaii (ALISH) designation: Per the State of Hawaii Department of Agriculture, said property has NO ALISH designation. Milner Change of Zone Application TMK 3-5-5-10:25 13. U.S.D.A. Natural Resources Conservation Services soil Service Report soil type: Per Soil Survey of Island of Hawaii soil of the parcel is classified Hawi Series. West 1/4 of the parcel is HaA, Kohala Silty Clay, 0 to 3 percent slopes. Hawi series consists of well drained silty clays that formed in basic igneous rocks and were influenced by volcanic ash. These are nearly level to moderately sloping soils on uplands. They are at an elevation ranging from nearly sea level to 1,200 feet and receive 25 to 40 inches of rainfall. Hawi soils are used for pasture and irrigated sugarcane. Hawi silt clay, 0 to 3 percent slopes (HaA) is on the lower parts of the Kohala Mountains. The surface layer is very dark grayish brown silty clay about 15 inches thick. The subsoil is very dark grayish brown to dark yellowish brown stony silty clay about 53 inches thick. The substratum is soft, weathered basic igneous rock. The surface layer is slightly acid, and the subsoil is neutral. The surface is extremely stony in places. Permeability is moderate, runoff is slow, and the erosion hazard is slight. This soil is used for irrigated sugarcane. 14. Land Study Bureau Rating: Soil rating is "C" or Fair. 15. Flood Insurance Rate Map (FIRM) designation: Parcel is located in Zone X, areas which are determined to be outside of the 500 year flood plain. 16. Existing Drainage ways or improvements: There are no drainage improvements on the site. 17. Air/noise/water quality: Air quality is relatively clear of vog with no ozone alerts. Noise quality: No statutory nuisances have been reported. Domestic noise is normal, Industrial and Commerce noise not applicable, Construction site N/A. Road traffic noise remains normal. Water quality: The Maximum Contaminant Level for the North Kohala Water System is 10. Hawi Wells 1 & 2 levels were 0.46 as stated in the DWS 2008 North Kohala Water Quality Report. This very low level of contaminant was runoff from fertilizer use: leaching from septic tanks, sewage. Erosion from natural deposits. Historic Resources: 18. Existing archaeological, cultural or historic sites on National Register or Hawaii Register: NONE KNOWN. Subject parcel is unlikely to have sites of interest since previous building has already taken place on subject property. 19. Existing floral / faunal resources: (any native or exotic plants; any listed or candidate for endangered species: NONE KNOWN. Subject property has been used as a gymnasium and community center for over 40 years. 20. Scenic or coastal resources: No coastal resources present. Milner Change of Zone Application TMK 3-5-5-10:25 Valued Cultural Resources: 21. Identify any traditional and customary native Hawaiian rights that are exercised in the area; the extent in which the proposed will affect these rights; and feasible action to be taken to protect native Hawaiian rights if they exist: there are no known traditional or customary rights that will be affected by this rezoning. Public Access: 22. Existing public access to and along the shoreline or to mountain areas and knowledge of public access being used: Site is not used for shoreline access or mountain access. Social -Economic Characteristics: 23. Social settlement pattern for the area: Hawi was once a booming sugar town when thousands of surrounding acres were cultivated by Kohala Sugar. The Company shut down operations in the 1970's. Today there are many art galleries, shops and eateries on the main street of Hawi. Many small cattle operation operate in this area as well. Farmers have settled in the area to grow truck crops and flowers. Workers from the resort areas reside in this area as well. Artisans, retirees from around the state and mainland are settling in Hawi due to the rural lifestyle and pleasant weather. 24. Economic resources of the area: Basic economic resources are the many resorts located along the South Kohala and North Kona coast. Ranching and farming activities also play an important role in the economic climate for Hawi. Teaching and health care employment is available at the local and private schools and the nearby North Hawaii Community Hospital. 25. Land Values: Hawi area land values are quite high and are consistent with the high land values on the Big Island. Surrounding Lands: 26. Land Use: The lot directly north of the property is 2.265 acres and is used for a restaurant and hotel. The lots beyond that range from 0.268 — 0.605 acres and are used as various stores, galleries and offices. Lot directiv west is 1.99 acres and is used for rural residential. Lots south range from 14,000 — 16,000 square feet and are also used for rural residential. The lots to the east are used for commercial with adjoining residential. 27. Zoning: Surrounding lands are zoned commercial village with the lots directly south of the property zoned residential 15. Lots vary in size from 14,000 sq. ft. residential to 1.465 commercial. PUBLIC FACILITIES AND SERVICES 28. Description of access: (paved or unpaved; private or county, right of way and pavement width.): Front access is from Hawi Road which is a 24' wide paved driveway. 29. Availability of water: County water service is available from waterline along Hawi Road. The site is currently receiving county water via one service lateral. 30. Sewage Disposal: no County sewer service is available in the Hawi area. Sewage disposal is by cesspool meeting with County of Hawaii requirements. 31. Solid Waste: Solid waste disposal is by County of Hawaii Transfer station located down the road at Kaauhuhu Homestead. Milner Change of Zone Application TM K 3-5-5-10:25 32. Police and Fire Protection: North Kohala Police and Fire station is located in the next town of Kapaau about 2.17 miles away. 33. Schools: Public schools include Kohala High School, Kohala Intermediate and Kohala Elementary. The private Kohala Mission School, Parker School and Hawaii Preparatory Academy are also available. 34. Parks: A primary park is located in Kapaau where there is a playground, baseball and soccer field and gymnasium. 35. Other utilities and services: (telephone and electricity): Overhead telephone and electric is available from Hawi Road. There are several family owned and operated grocery stores in the area as well as other restaurants, businesses and retail outlets. D. ENVIRONMENTAL ASSESSMENT AND ANALYSIS 36. Relationship between local short term uses of environment and maintenance and enhancement of long term productivity: This site is has been used as a recreational/ meeting facility for the community for many years. The former owners, The Church of Jesus Christ of Latter Day Saints operated under an exemption. Therefore the need to change zoning was not an issue. The gymnasium will continue to be used as a.community gathering place. To date, several community organizations, schools and activities which were scheduled at the Hisaoka Gym are continuing at the property. In terms of long term productivity all activities shall continue. 37. Alternatives to the proposed development: There are no alternatives at this time. Owner wishes to keep this gymnasium and classrooms as is in order to serve the community. 38. Irreversible and irretrievable commitments of natural resources that would be involved if proposed action implemented: There will be no construction. Owner shall keep property and buildings as is. Milner Change of Zone Application TMK 3-5-5-10:25 x3 .Lm..Fmwtmwn 16enc Alcon Pule f 3 reeaa�Femry ix '1m6PhI.M.m. 6Yptyama XonMi PlepllllG lOrmerB 6}61 OrMI e 14WBr mtv CV -10 t0 �"1v Rpunnn felmWul 0.Po6pC I a ns -15 cv-13 KOA3 LLG(ORIWrf 2165 AG 22•M Jemes6e18en1PrnabnPlan 6� miner 21 :$ 1.885 Ac E{ Oymvavum ER RS15 Li60Pu 33 m...Nr(Owner) feJW1 R9-16 32 6mkl and LIMA Krcle. (mmm) Al", R4.16 31 Fee Xelneoend Leule4egTv10mreeq 16A161 R9.16 30 MCIYIn GaII lmRneO 16AOa1 RS -15 xB 'o Wella BahNo6RWIeen9aarolOvwe) ro O 16AW1 R6-16 �I 29 .nndnn,.n.... Rnvij 16.6BB1 .0.L-16 SOUTH POINT LOCATION MAP NOT TO SCALE a 1 I f I SITEI e $j' I • � r � - dSI '_' •1 Vicinity Map ----------------N .KOHALA 1 } SOUTH POINT LOCATION MAP NOT TO SCALE RUE NORTH sCATLE: 1 IN = 50 FT PENCI rMK(515-s-10 122 CORNER 179°16'02°—� .15 OVER FOUND lgg gg BOljNOgRY- PIPE PINE TREE TRUNKS ENTIRELY ON ADJOINING TY TREE FOUND POLE i l TREE PrPE PINE TREE oVERHANGINGS ITYPI - cDni ' �I-- �IUT[LTY ON '1f POLE SPIKE Z �,O FQyT REAR SFTBA�K�'�DIN�.� ',OENTEItLtNE-fSaTWttS� EL-ECYRIO-CINE EA —tee •i� , 178°4611611— 140.16 .43'70 V' a7o7 j= I bm _mN PORTION OF GRANT N� 90470 TO KOHALA �N ' ml SUGAR COMPANY I oI-------------------------- r __ m O � mo'�; i r--- -----TE ---- AREA i___________,- 0 0�-__ -� A A m-D10Ef1�TERLt!'iE OF 1p,_--------_-"_--- I y I d '{t ,I I 000 26 4�ELe�sE t)�'E}� --��i p O O' �;'� III SECOND BUILDING j G N\ I rDIL---'r 1y ht7 -- "�'n i --- (NO DETAIL) 0tp (NO DETAIL) W N,iA rI" z �Wi OA 1111 lrnyii 1 W' it w N 41 Y N j� DI I o, w I03 'rt vIn, rvI �I ; ;U� mm I O_ -mil I�� ' I FIRST BUILDING e N D @IID 0D1m t �IZU Zm _. L____ ZI y bl =ii I ` ` '------------------ D , L__�,_._______B99F_41NE �IYP1_____________ N UTILITY E GUY ANCHORPLANTE I 1- �1 HURCH StGN LADING EDGE OF PAVCMENT AREA )n� VALVE (NO DETAIL OF PARKING AREA p ; UTILITY VAULT 1/2" R RISERS I WALL CORNER' n� 1 16 OVER I ' UARDWPOSTS 201 BUILDING SETBACK LINE 1TYP—$OUNDARI'I ' SPIKE ]tea° 1 266 •2$140' S° O, p° OD 40°4P45� 9_50 _.YL4G.H' Tte";7? 22ORF;L�___2_-�- ----.m -FPOi Roo M _ SPIKE .VALVE�-- Wki 5 �a 2 ----------1 EASEMENT JIM TWO 2 TREE --- - DEPT. OP WATER SUPPLYRDNKs GUY WIRE ANCHOR ERS CA'vyy oEASEMENT ° ac` . HELCO AND(1GTETTEL El eB2 Q PIppD H A W i /R ��1I0/�1 A D SURVEY 1 C �`i'21 THIS WORK WAS THEpRRCDEQU ST ME OR UNDER MT SUPERVISION AT THE REQUEST OF DESIREE YAMAMOTC ON 11/16/05. F'4 C,qs BEING A PORTION L uce seD Sn OF LAND GRANT 10470 nL� LAND IDONAL� TO KOHALA SUGAR COMPANY "11 SULANYOR AT KAAUHUHU� NORTH KOHALA 7275 ISLAND OF HAWAII, HAWAII REGISTRATION No. 7275 TMK: 16ra Div1 5�5-1D.25 LAND COURT CERT. 245 5 DATE OF SURVEY: 12/1/06 JOB NUMBER:HO504B AwQIi, V' December 12, 2005 Desiree Yamamoto C/0 FIRST HAWAII TITLE CORP. 65-1291 KAWAIHAE ROAD, STE 104 KAMUELA, HI 96743 Escrow Number: 21502696 P.O. 80X2845, MMUELA, HAI&Mr96743 (885-4822)(855-8788FAX) TMK: (3rd Div) 5-5-10:25 Being a portion of Land Grant 10470 to Kohala Sugar Company, at Kaauhuhu, North Kohala, according to current title report documents and revised county subdivision map s1031r2 dated Jan. 19,1959 and approved Feb. 24,1959. To all parties interested in this matter, This is to inform you that on November 30, 2005, we performed a land survey which revealed the following conditions as shown on the enclosed map: a) The positions of plantings near the northeasterly corner can best be determined by a visual inspection of their relationship to the found and marked pipe, the corner of the encroaching wall at its northwest end outside corner (.16 at its furthest point), along with the wooden lath and hub line point set along the Northerly boundary line as shown on the enclosed map. This firm does not know ownership of the landscaping improvements. b) The fence and the edge of pavement along the southerly property line are located as shown: The corner of the fence encroaches .19 of a foot over the boundary at its furthest point. c) The 10' wide sewerline easement passes under the modern second building as shown. For a strict interpretation of the applicable planning and building codes you should consult a Professional Planner. d) The driveway ties into the existing roadway as shown. With delivery of this report, the purpose of this survey is hereby fulfilled. Sincerely, Pi Q.o V+ (` ... - . _ U LICENSED �/ PROFESSIONAL Hawaii Reg. No. 7275 SURVEYOR Land Court Cert. 243 7275 California Lic. 4283 tel/fax: (808) 885-6563 (Hawaii) tel/fax: (805) 438-3980 (Calffomla) e-mail: rcassera@charter.net http://webpages.charter.net/cassera-surveys EXHIBIT "A" All of that certain parcel of land (being portion(s) of the land(s) described in and covered by Land Patent Grant Number 10,470 to Kohala Sugar Company) situate, lying and being at Kaauhuhu, North Kohala, Island and County of Hawaii, State of Hawaii, and thus bounded and described: BEGINNING at a pipe in concrete at the Northeast corner of this lot, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU-O-NALE" being 13,198.32 feet North and 4,416.81 feet East; thence running by azimuths measured clockwise from true South: 1. 80 14' 00" 62.07 feet along the West side of the main Government Road to a pipe; 2. 3560 40' 30" 119.28 feet along same to a pipe; 3. Thence along same, on a curve to the right with a radius of 20 feet, the chord azimuth and distance being: 400 41' 45" 27.80 feet to a pipe; 4. 840 43' 00" 216.82 feet along the North side of a roadway to a pipe; 5. 890 28' 00" 23.52 feet along same to a pipe; 6. 1790 16' 02" 193.89 feet along a portion of the Westerly boundary of Lot 1 I of Land Patent (Grant) 10,470 to a pipe; 7. 2630 55' 30" 263.43 feet along the same to the point of beginning and containing an area of 1.160 acres, more or less. List of the names, addresses and tax map keys of all owners and lessees of record of surrounding properties who are required to receive notice. West Side of Hawi Road Name Address City State zip TMK Church of Jesus Christ LDS 50 E N Tempe St. 22nd Fl Salt Lake City UT 84150 3-5-5-10-3-1 Kimberlee & Ronald Laren -Hester P.O. Box 412 Hawi HI 96719 3-5-5-10-3-2 Donald McElhannon P.O. Box 187 Hawi HI 96719 3-5-5-10-3-3 Sheree King P.O. Box 1165 Hawi hi 96719 3-5-5-10-3-4 Elizabeth Lee P.O. Box 206 Kapaau HI 96755 3-5-5-10-10 Jon & Dixie Adams P.O. Box 307 Kapaau HI 96755 3-5-5-10-11 Sugiyama Kohala Property, LLC 31 E. Lanikaula Street Hilo HI 96720 3-5-5-10-12 Ikuo Hisaoka Trust 4280 Salt Lake Blvd NO J-71 Honolulu HI 96818 3-5-5-10-17 John B III & Sandra Robertson P.O. Box 31 Hawi HI 96719 3-5-5-10-19 KOA 2, LLC c/o James Sargent 380 Stevens Ave. #305 Solana Beach CA 92075 3-5-5-10-21 James Sargent Pension Plan c/o James Sargent P.O. Box 517 Hawi HI 96719 3-5-5-10-22 Wayne & Kathleen Botelho P.O. Box 585 Kapaau HI 96755 3-5-5-10-29 Melvyn Coit 619 Bonita Avenue Millbrae HI 94030 3-5-5-10-30 Keao Sr. & Laurette Kainoa P.O. Box 321 Hawi HI 96719 3-5-5-10-31 Mercedes Ver c/o Juliana Garana 73-1099 Makamaka St. Kailua-Kona HI 96740 3-5-5-10-33 Steve Loretta Milner Change of Zone Application RS -15 to CV -10 TMK 3-5-5-10:25 Hawi, North Kohala, Hawaii List of the names, addresses and tax map keys of all owners and lessees of record of surrounding properties who are required to receive notice. Fast We of Hawi Road Name Address city State Zip TMK Richard Benton P.O. Box 481 Kapaau HI 96755 3-5-5-15-19 Elgin Asato P.O. Box 165 Hawi HI 96719 3-5-5-15-20 Dallas Ellynette Holeso-Kuhaiki P.O. Box 443 Ka aau HI 96755 3-5-5-15-21 Kohala Surety Co!p. P.O. Box 249 Hawi HI 96719 3-5-5-15-22 Kohala Surety Corp. P.O. Box 249 Hawi M 96719 3-5-5-2-23 Lessee Nakahara Stores, Ltd. / Richard Nakahara P.O. Box 39 Hawi HI 96719 3-5-5-2-23 Shige's Service Station, Inc. P.O. Box 281 Hawi HI 96719 3-5-5-15-24 Steve Loretta Milner Change of Zone Application RS -15 to CV -10 TMK 3-5-5-10:25 Hawi, North Kohala, Hawaii William P. Kenoi Mayor County of Hawan DEPARTMENT OF FINANCE - REAL PROPERTY TAX 101Paushi Street • Suite4 a Hilo,Hawaii 96720-4224 • Far(808)961.9415 Appraisers (808) 961-8354 • Clerical (808) 961-8201 • Collections (808) 961-8282 75-5706Ku*iai Highway • Suite112 • KsiluaKona, Hawaii 96740 • Faz(808)327-3538 Appraisers (808) 327-3542 • Clerical (808) 327-3540 Date(0/'0qkQ REAL PROPERTY TAX CLEARANCE (Mv. VIM) TMK(s): (3) 5-,5 - Q10- ©Q>5-^ OC Q 0 This is to certify that C%IAV+i n Resit-ee Mchealaa(i 11AvoAwia-1-6. Ui�vet� MiIner Lol-&4-6-, s Nancy E. CrawBord Finance Director Deanna S. Saflco Deputy D -vector owner(s) of record, has paid all Real Property Taxes due the County of Hawaii up to and including the 06 206`) : —1- By: Real Property Ta 'Division Hawai `i County is an Equal Opportunity Provider and Employer LINDALINGLE GOVERNOR OF HAWAH July 23, 2009 Steve and Loretta Milner PO Box 6573 Kamuela, Hawaii 96743 Dear Mr. & Mrs. Milner: STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES STATE HISTORIC PRESERVATION DIVISION 601 KAMOHILA BOULEVARD, ROOM 555 KAPOLEI, HAWAII 96707 LAURAILTIHELEN CNAIRrasoN DOARO OF IAND AND NAM AL RLSOUR. CO\ILIMNON ON WATER RES OORCE MANAO W QR RUSSELLV. TSUJI Four D,,,. KEN C KAWARARA DEVU1YDIRCCVOR-1MTEII AOVAIICR60VItCES DonTwe ANO oceAN n EcnewnoN D COMMISSION ON WATER E RESOURORM A AG AINI CONS VAOONANOCONTALLWOS CONSIXVATON AND RESOURCES IIIlORC1DlFM NOPEERMO HDUMI.I.ORVATON KAtlOOlAWE6LWRFSERVti CQNAfI5510N L NO SI'ATIPARRR LOG NO: 2009.2503 DOC NO: 0907MD20 Archaeology SUBJECT: Chapter 6E-42 Historic Preservation Review — Request for Comment on a Change of Zone Application Ka auhuhu Ahupua a, North Kohala District, Island of Hawaii TMK:(3) 5-5-010:025 Thank you for the opportunity to comment on the aforementioned project, which we received on July 8, 2009. We determine that no historic properties will be affected by this project because: ❑ Intensive cultivation has altered the land ❑ Residential development/urbanization has altered the land ❑ Previous grubbing/grading has altered the land ❑ An accepted archaeological inventory survey (AIS) found no historic properties ❑ SHPD previously reviewed this project and mitigation has been completed ® Other: We have no records on this parcel. However, as no ground -altering activities are currently being proposed we have no objection to the change of zone. Should ground -altering activities be proposed in the future we would appreciate the chance to comment at that time. In the event that historic resources, including human skeletal remains, cultural materials, lava tubes, and lava blisters/bubbles are identified during the construction activities, all work needs to cease in the immediate vicinity of the find, the find needs to be protected from additional disturbance, and the State Historic Preservation Division, Hawaii Island Section, needs to be contacted immediately at (808) 933- 7653. If you have questions about this letter please contact Morgan Davis at (808) 933-7650. Aloha, T eresa K..Donham, Lead Archaeologist Hawaii Island Section State Historic Preservation Division Steven Milner Loretta Milner PO Box 6573 Kamuela, Hawaii 96743 Melanie AChinen, Administrator State Historic Preservation,Division 601 Kamokila Blvd., #555 Kapolel, Hawaii 96707 r RE: Letterof Determination ("No Effect" Letter) July 1, 2009 Dear Ms. Chinen, We are currently applyingfor a change of zone with the County for our property located in Haw!, Hawaii. As you may know, we are required to include a "no effect" letter from the DLNR-SHPD. Information I( required is as follows: ` A. Agency/Organization Overseeing Project: B. Return Address: Owners—Steve Milner and Lorettta Milner. Post Office Box 6573, Kamuela, HI 96743 C. Contact: Loretta Milner Business: 808-885-5516 Home: 808-776-1681 Cell: 808-938-8434 D. Additional Contact: Noelani Rogerson Home: 808-4412 Cell: 808-217-5173 E. Project Name: Haw! Community Center F. Project Street Address: 55-522 Haw! Road Hawaii County, Hawi, 96719 G. Tax Map Key: 3-5-5-10-25 Portion of Land Grant 10470 to Kohala Sugar Company Kaauhuhu, North Kohala, Island of Hawaii, Hawaii Page 1 of 2 H. Area of Potential Effect: See attached location map and TMK map. I. Project Description: Property and buildings shall be left as is. IDENTIFICATION OF HISTORIC PLACES Historic properties are not located within the project APE because residential development/urbanization has altered the land. DETERMINATION OF EFFECT The determination for the project will be 'no historic properties affected'. There are no historic properties present. Please use the contact information listed should you have any questions or require further information. Thank You, Loretta Milner Owner Page 2 of 2 i —In OINIVp i='°I131VO5 _ Za lYOd » •• » YIYMYN 'V9YNONN 'ONnNnYV9 tl ONINItl1NOJ i "`vv j " +L' € 1 S f;7"—, $.h It 1 pK IA103S Otl Xl � `JA. ,ui� si'•�iuM p•R � 0 I V fcvu•r/ �. ra✓Lc)Y :Ts<'66 JN NM G.J O.i JDVrans 7S 3JIVVAQY 8© a-Y+•�. r..,..Ya i rz- w a'}uiurN .V`!I+n`:c 7ti•Wdysa Yrvd rrruYa// •9 N �{�! . ir Yb/D6 jPob�u GZ� p , z. S�. y.. Y wl : rti�m �a i •� e4'`..;pa` Jo K'.�'�.-+ � / .r n ' J' . H l D� .�: �61 /x• .I� ra v'w�� i?, i rwir t �.' � .liw•_i I M1. .. - ': �� >°j / J .: � 1 � H•KaP eWl'u5-rw.mro ras/nyj , ''_© .1 � y[ cIA® �•'M'-�"n�...w.-- r..Iz-3.=__s- 2wa cxw.cr% :�Vi tas �i rW:rf�po/!r!Y•YINP nr,rp p Q qi/!fi>wii/ : ywyyeevvM ' gvn4l .Yfi•Vw/lau✓.4/!v'rv.Y� J - .. ... ... V S � $1 � --- »__ .. OLy>•i of - pi ... ary J. V. b.9 N n® Y w.. ' `tl iBLO YO •{£FiB 1 G>lp •y 1 ''"��y, r , O� � .. .. b �J' wYYN1 aw•s��,'�.a I �-� k oo?F;.?.ii y�: ,x - ..as -It 77 , ee ¢•y j (OY•Y:S'YY'aN ZT'Y! q'iOVON �� ` ...//]O/ � � Phe✓ b N.'" a tmK .' • Hb m.•R°G`.a:s ....•...�. v_. In aw.:. I� : �: r- T—._-,-:se-.+c:•>e'T-tee..-r. r.6--.- .�- �.t-,— .__.. ------ -ti e Complete Items 1, 2, and 3. Also complete A. signature item 4 If Restricted Delivery Is desired,nn ..pp,�,���� 0 Agent X `'F'11i1v'di a Print your name and address on the reverse 0 Addressee 8 e4elved by (PAnted Name) C 'Qr01SG— 0. Date of Delivery so that we can return the card to you. M Attach this to the back the card of mallpiece, L Cjah nY or on the front if space permits. D. Is delivery address different from Hem 1? s 1. Article Addressed to: If YES, enter delivery address below: 0 No Melanie A Chinen, Admini.strato State Historic Preservati.o`' 601 Kamokila Blvd., �I555 Kapolei, Hawaii 96707 3. Service Type f�'Edified Mall ❑ Ex ress Mall 11 Registered C Retum Receipt for Merchandise ❑ Insured Mail 0 O.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes mber z. Aransferuroms 7001 2510 0009 3298 7329 (fianslerlrom serv)ce labe/J ' PS Form 3811, February 2004 Domestic Return Recelpt 102595 -02 -M -154a 0 4 C 0 DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII [(Y-?' HILO, HAWAII DATE: October 9, 2009 Memorandum TO B.J. Leithead-Todd, Planning Director Planning Department FROM Galen M. Kuba, Division Chiu Engineering Division SUBJECT Change of Zone Application (REZ 09-000106 Applicant: Steven and Loretta Milner Location: TMK: 3/ 5-5-010: 025 We reviewed the subject application and our comments are as follows: All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. The applicant states that there are no drainage improvements on the site. The existing building roof and parking lot drainage should be disposed of on site meeting with the approval of DPW. We recommend the following condition: A drainage study shall be prepared, and the recommended drainage system shall be constructed meeting with the approval of DPW. 2. The applicant shall be informed that if they include drywells in the subject development, an Underground Injection Control (UIC) permit may be required from the Department of Health, State of Hawaii. Hawi Road, fronting of the subject property, is under the jurisdiction of the Hawaii Department of Transportation (HDOT). Comments and requirements concerning this road should be obtained from the HDOT. Should there be any questions concerning this matter, please feel free to contact Kiran Emler of our Kona Engineering Division office at 327-3530. KE copy: ENG-HILO/KONA r 'noning Dept. 1 A EeshirbiA _ — SCANNED o, If 1 9, (uliq DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720 TELEPHONE (808) 961-8050 • FAX (808) 961-8657._y November 12, 2009 TO: Ms. BJ Leithead Todd, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUBJECT: CHANGE OF ZONE APPLICATION (REZ 09-000101) APPLICANT — STEVEN & LORETTA MILNER REQUEST: RS -15 TO CV -10 TAX MAP KEY 5-5-010:025 We have reviewed the subject applications and have the following comments and conditions. t.� 0 The current water availability conditions in the area, which are subject to change without notice, allow for only one (1) unit of water, at an average of 400 gallons per day (GPD), per existing lot of record. Please be informed that the subject parcel is currently served by a 5/8 -inch meter, which is limited to one unit of water or an average of 400 GPD. Although the applicant has indicated that they will continue to use the existing facilities as currently being used, the average daily usage through the meter is three (3) units of water. In accordance with the Department's Rules and Regulations, the applicant is requested to take measures to reduce the water usage to within the one (1) unit of water. The proposed zoning will require the installation of a reduced pressure type backflow prevention assembly, within five (5) feet of the meter- on private property. The installation of the backflow prevention assembly(s) must be inspected and approved by the Department before water service can be activated. Please be informed that the nearest fire hydrant is capable of providing a theoretical fire flow of 880 GPM; however, the Department's Water System Standards require that a minimum of 2,000 GPM be available at the site for fire protection for the proposed zoning. The existing 12 -inch waterline fronting the subject parcel is adequate to provide the required fire -flow; therefore, the applicant may be required to install a fire hydrant fronting the parcel. We recommend that the applicant contact the Fire Department for any fire protection requirements or alternatives 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. Planning Dept. Exhibit 3 058191 ...Water, Our Most Precious Resource ... Ka Wai A pane ... The Department of Water Suoolv is an Eaual OnnnrtunrN nrn%irH , ann>mn"rn r Ms. BJ Leithead Todd, Planning Director Page 2 November 12, 2009 Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at 961-8070, extension 256. RQ:dfg copy — Mr. Steven and Ms. Loretta Milner- yours, Pavao, P.E. William Kenoi - - - Mayor MEMORANDUM Loan A. Tyson Director Ivan M. Torigoe Denur, Director C9unnk of 'af (- DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street Hilo, Hawaii 96720 (808) 961-8083 Fax (808) 961-8086 http://co hawaii hi us/directory/dir enviting.1ir Date : October 5, 2009 To . BJ LEITHEAD TODD, Planning Director From: LONO A. TYSON, Director "7)-T%— Subject: Change of Zone Application (REZ 09-000101) Applicant: Steven U Loretta Milner Request: RS -15 to CV -10 TMK: 5-5-10:25 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: WASTEWATER COMMENTS: N/A ( ) No comments Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii County Code. ( ) Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawaii County Code. Complete D.E.M. Sewer Extension Application. Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawaii County Code. Other: SOLID WASTE COMMENTS: ( ) No comments (�G) Commercial operations, State and Federal agencies, religious entities and non-profit organizations may not use transfer stations for disposal. (�) Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. ( XX) Ample and equal room should be provided for rubbish and recycling. (4) Green waste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or other suitable diversion programs. (q) Construction and demolition waste is prohibited at all County Transfer Stations. (>o) Submit Solid Waste Management Plan in accordance with attached euidelines. ( ) Existing Solid Waste Management Plan is to be followed. Provide update to the departmeftmr-ece�t ( ) Other: r SCANNF cc: SWD �0 an'.11.19 Opp, i a 12144 i VT (! Fi %Q�Q EAi101'5�_ X0571.35 _- -;County of Hawaii is n� F --i William P. Kenoi Mayor 61UHN of CRttfuni'l 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 Lono A. Tyson Director Ivan Torigoe Deputy Director 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: 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 Hawaii 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: %AW A. _rk Lono A. Tyson DIRECTOR County of Hawaii is an Equal Opportunity Provider and Employer I,IAUA 61.Nc11: Doul lmux al un,. nu October 21, 2009 STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES STATE HISTORIC PRESERVATION DIVISION 601 KAMOKILA BOULEVARD, ROOM 555 KAPOLEI, FL\wAII 96707 BJ Leithead Todd, Planning Director County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-4224 1.4l.aAN IIIn:LLF nitaNum 1. unl la,rn'll�t, l rAll.11„It)N Ila' xl.\ IInX NIMVIXt I MrW nl:l !MINI K 1,111I.LY. M11 IlF4 nn'tn l' 61±N C. 6AWAIIAIL\ IqNMI) D1111CIOµ�NnllN r\Ullnl l� ML,NUI:I L, Ipy\IINf. Atilt tlt'I AN III fIilAllltN t'Nl All ltll _ tit xnl LN ltl\UUItI'IM NI WA.II\rAAI11 r\1'I.NIN M i nN�I,11 µ1Nlr.N INlI'll nat nl It,ItL 1X', nN1,x II Nl ll1 I.,1 NVn Nr L,V IunL��111N1 )ItfSi N\•I „tl„xtN LOG NO: 2009.4024 DOC NO: 091OMD28 Archaeology Dear Ms. Leithead Todd: SUBJECT: Chapter 6E-42 Historic Preservation Review — Request for Comment on a Change of Zone Application (REZ 09-000101) V%A , t Ka'auhuhu Ahupua'a, North Kohala District, Island of Hawaii TMK: (3) 5-5.010:025 Thank you for the opportunity to comment on the aforementioned project, which we received on October 6, 2009. We determine that no historic properties will be affected by this project because: ❑ Intensive cultivation has altered the land ❑ Residential development/urbanization has altered the land ❑ Previous grubbing/grading has altered the land ❑ An accepted archaeological inventory survey (AIS) found no historic properties ❑ SHPD previously reviewed this project and mitigation has been completed ® Other: SHPD previously reviewed this project and determined no historic properties will be nllected U5 ria ground -altering activities are being proposed, the applicants plan to use cmang structures (Log No. 2009.2503, 0907MD20). Should ground -altering activities be proposed in the future >ve would appreciate the chance to continent at that time. In the event that historic resources, including human skeletal remains, cultural materials, lava lubes, and lava blisters/bubbles are identified during the construction activities, all work needs to cease in the immediate vicinity of the find, the find needs to be protected from additional disturbance, and the State Historic Preservation Division, Hawaii Island Section, needs to be contacted immediately at (808) 933- 7653. If you have questions about this letter please contact Morgan Davis at (808) 933-7650. Aloha, 7 Theresa K. Donham. Lead Archaeologist Hawaii Island Section State Historic Preservation Division SCANNED ;'irnnning NO. OCT 2 7009 tI Exhibit S _..._ -- — P William P. Ken01 Mawr October 20, 2009 MEMORANDUM COMM of Wam-aft OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT 50 Wailuku Drive • Hilo, Hawaii 96720-2456 VnT(808) 961-8379 • FAX (808) 961-8685 TO: Bobby -Jean Leithead Todd Planning Department FROM: ',nt)Stephen J. Arnettu'1: Housing Administrat-br SUBJECT: Change of Zone (REZ 09-000106) Applicant: Steven & Loretta Milner Request: RS -15 to CV -10 Tax Map: (3) 5-5-010:025 Stephen J. Arnett Housing Admmutr'atar The Office of Housing and Community Development has reviewed the application and determined that Affordable Housing Conditions are applicable to the subject request. Should residential uses be implemented at a later date, then Affordable Housing Requirements would become applicable at that time. Thank you for the opportunity to comment. G:/PLANNING/1858pasr.doc =SCANNED finning Dept. EQUAL HOUSING OPPORTUNITY x!_ �.� "HAWAII COUNT( IS AN EQUAL OPPORTUNITY h PROVIDER AND EMPLOYER" LINDA LINGLE Orf x.959 �' 1� yje �k ., ' , _,f ;2: a7 i -L`, t STATE OF HAWAII DEPARTMENT OF HEALTH P O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: October 21, 2009 TO: Bobby Jean Leithead Todd Planning Director, County of Hawaii FROM: Newton Inouye (1Y Acting District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 09-000106) Applicant: Steven & Loretta Milner Request: RS -15 to CV -10 Tax Map Key: 5-5-10:25 CHIYOME L. FUKINO, M.D. Duedor of Health The Department of Health does not have any objections to the proposed change in land uses. However, existing or planned land use activities adjacent to the proposed residential area should be compatible with a residential neighborhood. We recommend that you review all of the Standard Comments on our website: http://hawaii.gov/health/environmeDtal/env-planninv/landuse/landuse.html. Any comments specifically applicable to this project should be adhered to. WORD REZ 09-000106 at Planning Dept. SCANNED' OCT <.6 7009 Oct 16 09 01 50p Royal Pacific Mortgage tc +f PO Box 5573 -- Kannueia, HI 96743 Phone, 776-1581 Fax, 885-9425 Fax To: Jeff Darrow Fax: 961-8742 Phone: 808-776-1681 From: Steve Milner Date: October 16, 2009 Re: REZ-000106 (was REZ-000101) CC: ❑ Urgent X For Review x Please Comment ❑ Please Reply ❑ Please Recycle -Comments: Regarding the planning departments request that we complete a drainage study.. P.1 A mistake was made on the rezoning application. There IS a drainage system consisting of a large drywell in the parking lot The paved surface of the parking lot in front of the building slopes to the drywell pit which is covered by a steel grate. In addition, the gymnasium roof drains are directed to the parking are as well. To reiterate, we are not planning any construction on the site, we are requesting the zoning change to conform to historical use of the property. I spoke to Mr. Emler in Kona and advised him of the situation and he agrees that our system is likely adequate for rainwater drainage. The building has been there since the 192D's with no drainage problems to my knowledge Please let me know if you will still require a drainage study Respectfully, Steve Milner Planningept. Exhibit SCANNED 0 nhhaerREZ doc-11/24/09 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION STEVEN AND LORETTA MILNER CHANGE OF ZONE APPLICATION (REZ 09-106) 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 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 request a change of zone from RS -15 to CV -10 in order to lease office space in the existing structures to the general public. Offices are not a permitted use in the RS -15 zoned district, but are permitted in the CV zoned district. No new construction is proposed. 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 (RS -15) to the Village Commercial (CV -10) zoned district will conform to the goals, policies and standards of the General Plan and North Kohala Community Development Plan. 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. 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 project area is designated Medium Density Urban on the LUPAG Map. This designation includes village and neighborhood commercial, single-family and multiple -family residential and related services. Therefore, the requested Village Commercial zoning would be consistent with the LUPAG Map. A goal of the General Plan land use element for North Kohala encourages the concentration of commercial uses within Hawi and Kapa`au towns. Similarly, the North Kohala Community Development Plan (NKCDP) seeks to direct future urban growth within or near town centers in order to preserve surrounding important agricultural lands for agricultural uses. The subject property is located in the Hawi town center, adjacent to other CV -zoned lands to the north and east and has been developed with a gymnasium for over 40 years. The proposed change of zone would achieve these goals by complementing the existing nearby commercial land uses and providing for an orderly development of the area. All essential utilities and services are available to the site. The subject property has been developed for over 40 years with a gymnasium. Access is from Hawi Road, which is a 2 -lane paved State roadway. A 24 -foot wide paved driveway access and paved and gravel parking areas are in place at this time. Additionally, there are existing utilities that serve the property such as County water, two commercial - volume septic systems for sewage disposal, and an existing on-site drywell drainage system. County water is available to the property, but is limited to one unit of water which is equivalent to 400 gallons per day. According to the Department of Water Supply (DWS), since recreational activities were relocated from the Hisaoka Gym to the subject -2- property after the 2006 earthquake, average daily water usage has exceeded the one unit allocation. Should the change of zone request be approved, the applicant proposes to continue using the existing facilities as currently being used. Therefore, the DWS believes the request can be accommodated so long as the applicant reduces their water usage to within the one unit allocation. The DWS also recommends installation of a backflow prevention assembly at the existing water meter and installation of a fire hydrant to provide minimum fire -flow for fire prevention, if required by the Fire Department. Conditions of approval will be added to include these recommendations. The applicant will install additional sewage disposal systems, should they be required by the Department of Health. Solid waste will be handled by commercial haulers and a Solid Waste Management Plan will be prepared by the applicant. Electricity and telephone services are available to the site. Police and fire services are located in Kapaau approximately 2 miles from the property. The project site has no severe geological or topographical problems which cannot be rectified or which would render the land unusable. The property is located within Zone "X", an area determined to be outside the 500 -year floodplain. All development generated storm run-off will be disposed of on-site and not allowed onto adjacent properties or roadways. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management. The property is not located in the Special Management Area. The project site is not proximate to the shoreline and will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access to the shoreline or mountain areas that traverses the property. According to the applicant, no valued cultural, historical or natural resources exist on the property and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. 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. -3- Based on the above findings, approval of this change of zone request from a Single -Family Residential (RS -15) to a Village Commercial (CV -10) zoned district would result in an appropriate land use pattern that will further benefit the general public. The accompanying draft bill to amend Section 25-8-9 (Hawi-Kapa`au Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -4- COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII BILL NO. (PLANNING DEPT,) AN ORDINANCE AMENDING SECTION 25-8-9 (HAWI-KAPA`AU 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 VILLAGE COMMERCIAL — 10,000 SQUARE FEET (CV -10) AT KA`AUHUHU, NORTH KOHALA, HAWAII, COVERED BY TAX MAP KEY: 5-5-010:025. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAIL SECTION 1. Section 25-8-9, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Ka`auhuhu, North Kohala, Hawaii, shall be Village Commercial — 10,000 square feet (CV -10): Beginning at a pipe in concrete at the Northeast corner of this lot, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU-O- NALE" being 13,198.32 feet North and 4,416.81 feet East; thence running by azimuths measured clockwise from true South: 1. 8" 14' 00" 62.07 feet along the West side of the main Government Road to a pipe; 2. 356' 40' 30" 119.28 feet along same to a pipe; 3. Thence along same, on a curve to the right with a radius of 20 feet, the chord azimuth and distance being: 40' 41' 45" 27.80 feet to a pipe; 4. 84' 43' 00" 216.82 feet along the North side of a roadway to a pipe; -1- 5. 89' 28' 00" 23.52 feet along same to a pipe; 6. 179° 16' 02" 193.89 feet along a portion of the Westerly boundary of Lot 11 of Land Patent (Grant) 10,470 to a pipe; 7. 263° 55' 30" 263.43 feet along the same to the point of beginning and containing an area of 1.160 acres, 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, Hawaii 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. -2- SECTION 4. This ordinance shall take effect upon its approval. , Hawai`i Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII -3- CM lnei REZ doc-I 1/24/09 STEVEN AND LORETTA MILNER CHANGE OF ZONE APPLICATION (REZ 09-106) CONDITIONS OF APPROVAL A. The applicant(s), its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant shall comply with the Department of Water Supply's rules and regulations by limiting water usage to within one (1) unit of water, unless additional water units are granted by the Department of Water Supply. C. The applicant shall install a reduced pressure type backflow prevention assembly within five (5) feet of the water meter on private property, which must be inspected and approved by the Department of Water Supply prior to the issuance of a Certificate of Occupancy for any commercial uses of the building. D. If required by the Fire Department, the applicant shall install a fire hydrant connected to the 12 -inch waterline fronting the subject property for fire protection. E. The property shall be converted for commercial use within five (5) years from the effective date of this ordinance. Prior to conversion of the property for commercial use, the applicants, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing and/or proposed structures, paved driveway access and parking stalls associated with the proposed development. Landscaping shall also be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements), Chapter 25 (Zoning Code), Hawaii County Code. F. All new accesses to the subject property shall meet with the approval of the Department of Transportation. G. All development generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. If required, a drainage study shall be prepared and submitted to the Department of Public Works prior to the issuance of Final Plan Approval. Any drainage improvements, if required, shall be constructed, meeting the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy. H. The method of sewage disposal shall meet with the requirements of the Department of Health. I. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of Final Plan Approval. J. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the 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 mitigation measures have been taken. K. Should the applicant(s), successors or assigns develop residential units on the subject property, the applicant(s) 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 Plan 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 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. -2- 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 support 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 applicant may contribute land and/or construct improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. L. To ensure that the goals and policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code relating to the Affordable Housing Policy. Compliance with Chapter I 1 shall be approved by the Administrator of the Office of Housing and Community Development prior to receipt of Final Plan Approval. M. 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. N. The applicants shall comply with all County, State and Federal laws, rules, regulations and requirements. -3- O. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the 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(s) should require an additional extension of time, the Planning Department shall submit the applicants' 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. -9- CV 10 CV -10 CV -10 - CV -10 CV 10 CV -10 CV 10 AKONI PULE HWY CV- 0 R5-15 C -10 CV -10 CV -10 l OLD R5-15 R5 15 s R5-15CV-10 C'-10 /- RS -15 i i3,19532'N Q R5-15 - 4.41661-E R5-15 ^2u'U-o-NALe^ -10 cv F5 5 R5-15 _ SINGLE-FAMILY RESIDENTIAL- 85-15 15,000 SQUARE FEET RS -15) R5-15 TO VILLAGE COMMERCIAL- D 10,000 SQUARE FEET)CV-10) C 1.160ACRES TOTAL < R55_15 RS -15 i- -----i - a l i R5-15 a R5-15 R5-15 A -20a IN i i i R5-15 R5-15 ' RS -15 iiiiiiiiiiiim i Feet 0 100 200 400 600 800 1,000 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-9 (HAWI-KAPA'AU 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 VILLAGE COMMERCIAL - 10,000 SQUARE FEET - (CV -10) AT KA'AUHUHU, NORTH KOHALA, HAWAII MAP PREPARED BY: TMK 5-5-010025 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE Sep 30, 2009 EXHIBIT "A" Steven M. and Loretta J. Milner Map 1277