HomeMy WebLinkAboutCOM 0859.000 2008-2010 4O; + tYOFk '
.? �`� t';, -/, ;. % William T. Takaba
William P. Kenoi � ...
Mayor _ °"� Managing Director
Wally Lau
County of H awa i ` i Deputy Managing Director
25 Aupuni Street • Hilo, Hawai`i 96720 -4252 • (808) 961 -8211 • Fax (808) 961 -6553
KONA: 75 -5706 Kuakini Highway, Suite 103 • Kailua -Kona, Hawai`i 96740
(808) 329 -5226 • Fax (808) 326 -5663
June 16, 2010
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4
Honorable J Yoshimoto, Chairman .
and Members of the County Council = . '"'
County of Hawai`i
25 Aupuni Street �,
Hilo, HI 96720 .
Dear Chairman Yoshimoto and Members: -i
Change of Zone Application (REZ 10- 000120)
Applicant: Hiram Rivera
Request: A -5a to FA -2a
Tax Map Key: 7 -4 -6:22
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 Leeward Planning Commission's letter and
enclosures regarding the above - referenced request.
Sincerely,
r-,, ---------- .
William P. Kenoi
Mayor
Enclosures
cc: Planning Department
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C oma ._ itt
Ref. To
Ref. -.,,.-: JUN 2 5 2010
County of Hawai`i is an Equal Opportunity Provider and Employer. -
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County of Hawai `i
LEEWARD PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720
Phone (808) 961 -8288 • Fax (808) 961 -8742
June 16, 2010
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The Honorable J Yoshimoto, Chairman
Cam. 1"'.4
and Members of the County Council cc
County of Hawai`i ..
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Yoshimoto and Council Members:
Change of Zone Application (REZ 10- 000120)
Applicant: Hiram Rivera
Request: A -5a to FA -2a
Tax Map Key: 7 -4 -6:22
The Leeward Planning Commission, after a duly held public hearing on May 21, 2010, voted to
recommend for your approval the proposed legislative bill for a Change of Zone from
Agricultural 5 -acre (A -5a) to Family Agricultural 2 -acre (FA -2a) for 5.341 acres of land. The
property is located along the west side of the Old Mamalahoa Highway, approximately 400 feet
north of Makua Lani Christian School, Honokohau 2 North Kona, Hawai `i.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the request:
The applicant requests a change of zone from Agricultural 5 -acre (A -5a) to Family
Agricultural 2 -acre (FA -2a) for approximately 5.341 acres of land in order to subdivide
the subject property into two lots. The applicant and his son own the adjacent properties
on the south side of the subject property, identified by TMK: 7 -4 -06: 42 and 43. Should
the change of zone request be approved and subdivision completed, the landowner will
retain the mauka lot and the makai lot will be conveyed to the applicant. Both lots will be
used for residential and small -scale agricultural pursuits.
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, and ultimately, on the future development of the entire island.
The proposed change of zone request would conform to the goals, policies
and standards of the General Plan. The General Plan was developed as a policy guide
for the coordinated growth and development of all sectors of the County. It sets forth
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 availability of public infrastructure
and services.
The Land Use Pattern Allocation Guide (LUPAG) Map, which establishes the
basic urban and non -urban form for areas within the County, designates the subject
property as Urban Expansion which allows for a mix of high density, medium density,
low density, industrial, industrial - commercial and /or open designations in areas where
new settlements may be desirable, but where the specific settlement pattern and mix of
uses have not yet been determined.
The purpose of the Family Agricultural district, according to the Zoning Code, is
to provide for a blend of small -scale agricultural operations associated with residential
activities which may be characterized by farm estates, small acreage farms, or subsistence
lots in areas where public services and infrastructure are appropriate to support the very
low density residential needs of the community and where a substantial number of
surrounding parcels are less than five acres in size, and where a mix of uses will not
conflict with or be detrimental to existing agricultural uses in the surrounding area. In
addition, this district is intended to be primarily comprised of agricultural lands less than
five acres in area, which are not classified as A or B lands under the Land Study Bureau's
master productivity rating, or classified as prime, unique, or other important agricultural
lands by the State Department of Agriculture's ALISH (Agricultural Lands of Importance
to the State of Hawaii) classification system, provided that this district may include lands
so classified if the lands are situated within an Urban Expansion or other urban
designation under the general plan LUPAG map. The subject property has soils classified
by the Land Study Bureau as "C' or "Fair" and is classified as "other important
agricultural lands" by the ALISH; however, the property's Urban Expansion LUPAG
designation indicates that this general area is appropriate for urban land uses.
The Honorable J Yoshimoto, Chairman
and Members of the County Council
Page 3
Surrounding properties in the general area of the subject property are in residential
and agricultural use. Lots to the north and west are approximately 5 acres in size and lots
immediately to the south and east are 1 -2 acres in size. Policy LU (Land Use) 2.8(2)(b)(i)
of the Kona Community Development Plan indicates that change of zone requests within
the Kona Urban Area but outside of Transit Oriented Developments (TOD's) must be
consistent with the General Plan LUPAG designation. Thus, the applicants request for a
change of zone to FA -2a in order to subdivide and create two, 2 +/- acre lots is appropriate
in this area as it will not diminish the potential for future agricultural uses on the property
as is consistent with the General Plan and LUPAG Map designation of Urban Expansion.
All essential utilities and services are available to the site. The existing
dwelling is accessed via a driveway from Mamalahoa Highway, which is a paved two -
lane County roadway with 18 to 20 -foot wide pavement within a variable right -of -way
width (approximately 40 -feet wide in the vicinity of the subject property). According to
the Department of Public Works, Mamalahoa Highway is substandard based on width,
alignment and roadside hazard clearances. Mamalahoa Highway is classified as a
collector in the General Plan and is proposed to have a minimum 60 -foot wide right -of-
way; therefore, a condition of approval will require the applicant provide a 10 -foot
setback for future road widening purposes.
Should the change of zoning be approved, the applicant proposes access to the
future subdivided makai lot via an existing 20 -foot wide access easement (identified as
"Existing Easement A for Access Purposes" in Figure 3 of the application) which
currently provides access to Lots 3A through 3 -E, and a new 18 -foot wide access and
utility easement over Lot 3 -D (identified as "Proposed Easement A -1" in Figure 3 of the
application). To date, the applicant has not provided documentation indicating that the
future subdivided lot can acquire a right of access for Easement A. Additionally, the
Rezoning Exhibit included in the application would not comply with the Zoning Code
because the creation of Easement A -1 will reduce the size of Lot 3 -D, which is zoned
Agricultural -1 acre, below the minimum 1 -acre lot size. In order to allow the creation of
Easement A -1 but maintain a 1 -acre lot size for Lot 3 -D, the applicant would need to
consolidate the subject property with Lot 3 -D (which is owned by the applicants son) or
Lot 3 -E (owned by the applicant) and re- subdivide to create two or three lots. This would
fulfill the applicant's purpose of subdividing the subject property into two lots but would
also meet the Zoning and Subdivision Code requirements related to minimum lot size and
access. Another viable option that would meet Zoning and Subdivision Code
requirements is to subdivide the subject property into two lots with a flag lot
configuration so that the makai lot is accessed from Mamalahoa Highway via the "pole"
portion of the flag lot. This option would not involve Existing Easement A or require
Proposed Easement A -1, and therefore the applicant would not need to provide
The Honorable J Yoshimoto, Chairman
and Members of the County Council
Page 4
documentation indicating that the future subdivided lot can acquire a right of access for
Easement A. A condition of approval will require the applicant secure Final Subdivision
Approval from the Planning Director within 5 years from the ordinance effective date and
provide the applicant with the options described above for creating the subdivision while
maintaining access and minimum lot size meeting with Code requirements.
According to the Department of Water Supply, County water can be made
available to the property via an existing 8 -inch waterline within Mamalahoa Highway
fronting the subject property or via an existing 6 -inch waterline within "Access and
Utility Easement A ". The applicant will be required to install a service lateral and water
meter, as required by the Department of Water Supply, to provide water to any future lot
created by subdivision. As there is no municipal sewer system in the area, wastewater
will be disposed of into individual wastewater systems meeting the standards and
requirements of the State Department of Health. Solid waste will be disposed of by
commercial haulers or individual homeowners into an approved landfill. Additionally,
the Department of Environmental Management recommends the applicant provide a Solid
Waste Management Plan to address solid waste for future grubbing and construction
activities.
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 ", which is an area determined by FEMA to be outside the 500 -year floodplain. If
required by the Department of Public Works, the applicant will provide a drainage study
and ensure that all development generated storm run -off be disposed of on -site and not
allowed onto adjacent properties or roadways.
Electrical, telephone and cable services are available to the property. Police
services are located about 4 miles away in Kealakehe and fire services are located less
than three miles away in Kailua -Kona. The closest public school is located in Kealakehe
and County parks are available in Kailua -Kona, Keauhou and Kealakehe. To limit the
cumulative impact of the proposed subdivision on area infrastructure, a condition of
approval will prohibit a second dwelling and condominium property regime on each lot.
The request is not contrary to Chapter 205A, Hawaii Revised Statues,
relating to Coastal Zone Management Area. The subject property is located over three
miles from the shoreline and is not in the Special Management Area. Thus, the property
will not be affected by coastal hazards and beach erosion. There are no identified
recreational resources, public access to the shoreline or mountain areas, scenic and open
space preserves, coastal ecosystems, marine resources or other natural and environmental
resources on the subject property.
The Honorable J Yoshimoto, Chairman
and Members of the County Council
Page 5
In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa'akai 0
Ka'Aina" decisions, the issue relative to native Hawaiian gathering and fishing rights
must be addressed in terms of the cultural, historical, and natural resources and the
associated traditional and customary practices of the site:
Investigation of valued resources: No formal archaeological reconnaissance
survey, oral history of kama`aina accounts of the area, historical survey of documentary
records, or botanical study was included in the application.
The valued cultural, historical, and natural resources found in the rezoning area:
The property has been bulldozed in the past and is currently used for residential purposes.
As such, it is anticipated that no historic properties will be affected. In a letter dated
April 19, 2010, the State Department of Land and Natural Resources Historic
Preservation Division (SHPD) stated that no historic properties will be affected by this
undertaking because grubbing /grading has altered the land. A condition of approval will
require that the applicant cease work and notify the SHPD should any unanticipated
archaeological features or sites be uncovered during the course of development.
Possible adverse effect or impairment of valued resources: There is no evidence
that the flora or fauna in the area are particularly desired or used for cultural practices.
Feasible actions to protect native Hawaiian rights: As stated by the applicants, no
gathering for cultural purposes is taking place on the site. Thus, to the extent to which
traditional and customary native Hawaiian rights are exercised, the proposed action will
not affect traditional Hawaiian rights; therefore, no action is necessary to protect these
rights.
Based on the above findings, the approval of the Change of Zone request from an
Agricultural (A -5a) to a Family Agricultural (FA -2a) zoned district would result in an
appropriate land use pattern and further the public convenience, necessity and general
welfare.
For your favorable consideration, an amendment to Section 25 -8 -3 (North Kona Zone Map), of
the County Zoning Code is transmitted.
The Honorable J Yoshimoto, Chairman
and Members of the County Council
Page 6
We are enclosing copies of the staff Background and Planning Director's Recommendation for
your information.
Sincerely,
Frederick Housel, Chairman
Leeward Planning Commission
Lriverarez 10- 000120LWPC2
Enclosures
cc: Mr. Sidney Fuke
Mr. Hiram Rivera
Department of Public Works
Department of Water Supply
Department of Land & Natural Resources -HPD
Lincoln Ashida, Esq., Corporation Counsel
gr
BRiveraREZ.doc- 5/11/10
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
HIRAM RIVERA
CHANGE OF ZONE APPLICATION (REZ 10 -120)
HIRAM RIVERA has submitted an application for a Change of Zone from an Agricultural 5-
acre (A -5a) to a Family Agricultural 2 -acre (FA -2a) zoned district for approximately 5.341 acres
of land. The property is located along the west side of Mamalahoa Highway, approximately 400
feet north of Makua Lani Christian School, Honokohau 2" North Kona, Hawai`i, TMK: 7 -4-
6:22.
PROPOSED ACTION
1. Request: Change of zone from Agricultural 5 -acre (A -5a) to Family Agricultural 2 -acre
(FA -2a).
2. Background and Reason for Request: The applicant is requesting a change of zone in
order to subdivide the subject property into two lots. The applicant and his son own the
adjacent properties on the south side of the subject property, identified by TMK: 7 -4 -06:
42 and 43. Should the change of zone request be approved and subdivision completed,
the landowner will retain the mauka lot and the makai lot will be conveyed to the
applicant. Both lots will be used for residential and small -scale agricultural pursuits.
(Planning Department Exhibit 1 - Change of Zone Application and letter dated May
3, 2010)
3. Landowner: Steven A. Campbell and Kari R. Campbell
STATE AND COUNTY PLANS
4. State Land Use Designation: Agricultural.
5. County Zoning: Agricultural -5 acres (A -5a).
6. GP LUPAG Map: Urban Expansion.
7. Kona Community Development Plan (CDP): The subject site is located within the
"Kona Urban Area," but is not located within a Transit - Oriented Development (TOD).
DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA
8. Subject Property: The subject property is mainly rectangular in shape but narrows on
the mauka end where it abuts Mamalahoa Highway. Elevation of the property ranges
from 1,360 feet above mean sea level near Mamalahoa Highway to 1,240 feet at the
western property line. Existing structures on the property are located in the mauka
portion and include a single- family dwelling, detached carport, farm equipment
storage /workshop building, and guest house. All building permits for these structures
were finalized in 2006 and 2007.
9. Surrounding Zoning/Land Uses: Surrounding properties in the general area are in
residential and agricultural use with lots to the east and south zoned A -la and lots to the
north and west zoned A -5a. There are some small coffee farms on properties in the area
to the west and south.
10. ALISH: Other Important Agricultural Lands, which is land other than prime or unique
agricultural land that is of statewide or local importance for the production of food, feed,
fiber and forage crops.
11. Land Study Bureau's Detailed Land Classification System: "C" or "Fair ".
12. U.S. Soil Survey: The soil type on the mauka portion of the property is rKYD. The soil
type on the makai portion of the property is rKED. For rKYD (Kona extremely rocky
muck) the permeability is rapid, runoff is medium, and the erosion hazard is slight. This
soil type is used for pasture and watershed. For rKED (Kaimu extremely stony peat) the
permeability is rapid, runoff is slow, and the erosion hazard is slight. This soil type is not
suitable for cultivation and is used mainly for native woodland.
13. FIRM: Zone "X ", area determined to be outside the 500 -year flood plain.
14. Flora /Fauna Resources: No professional surveys were conducted of the property as the
land has been previously cleared. Existing flora includes ohi`a, silky oak, Christmas
berry, pesky ivy gourd vines and lantana. The property is not known to be a habitat for
any rare or endangered animal life; however, given its elevation it would be possible to
find Hawaiian Hawk and Hawaiian Owl in the area. According to the applicant, it is
unlikely that any rare or endangered floral or faunal resources would be found on the
subject property.
15. Historical/Archaeological Resources: A formal archaeological survey of the property
was not conducted because the property has previously been bulldozed. In a letter dated
April 19, 2010, the DLNR State Historic Preservation Division determined that no
-2-
historic properties will be affected by the request because previous grubbing/grading has
altered the land.
16. Cultural Resources/ Native Gathering Rights: The applicant is not aware of whether
the property was historically used for the gathering of plants by cultural practitioners.
However, in the unlikely event that legitimate gathering claims are made by Native
Hawaiians, the applicant will honor and respect such claims and provide the needed
access within the property.
17. Public Access: There is no record of a designated public access to the shoreline or
mountain areas that traverses the property.
PUBLIC FACILITES, UTILITIES AND SERVICES
18. Access: The existing dwelling is accessed via a driveway from Mamalahoa Highway,
which is a paved two -lane County roadway with 18 to 20 -foot wide pavement within a
variable right -of -way width (approximately 40 -feet wide in the vicinity of the subject
property). According to the Department of Public Works, Mamalahoa Highway is
substandard based on width, alignment and roadside hazard clearances. Mamalahoa
Highway is classified as a collector in the General Plan and is proposed to have a
minimum 60 -foot wide right -of -way. Should the change of zoning be approved, the
applicant proposes access to the future subdivided makai lot via an existing 20 -foot wide
access easement (identified as "Existing Easement A for Access Purposes" in Figure 3 of
the application) which currently provides access to Lots 3A through 3 -E, and a new 18-
foot wide access and utility easement over Lot 3 -D (identified as "Proposed Easement A-
1" in Figure 3 of the application). To date, the applicant has not provided documentation
indicating that the future subdivided lot can acquire a right of access for Easement A.
Additionally, the creation of Easement A -1 will reduce the size of lot 3 -D below the
minimum 1 -acre lot size. There are, however, alternatives that would resolve the access
and minimum lot size concerns which include the consolidation of the proposed makai
Lot 2 -B with one of the lots in the adjoining subdivision that are owned by either the
applicant or his son; a flag lot configuration for Lot 2 -B to the Mamalahoa Highway; or
securing proper access over the adjoining subdivision access road. These are issues that
are normally addressed at the time of subdivision. Since potential workable solutions are
available to the applicant, the department is proceeding with the processing of this change
-3-
of zone request. The applicant understands the ramifications associated with any of these
options, as discussed in their letter to the Director dated May 3, 2010 (included in Exhibit
1).
19. Water: According to the Department of Water Supply, County water can be made
available via an existing 8 -inch waterline within Mamalahoa Highway fronting the
subject property or via an existing 6 -inch waterline within Access and Utility Easement
"A ". The applicant proposes to provide water to the future makai lot from the waterline
within Easement "A ", which currently services the five lots to the south. The Department
of Water Supply has indicated that a new service lateral and 5/8 -inch water meter will be
required to serve the future makai lot.
20. Wastewater System: There is no municipal sewer system available in the area.
Wastewater for a future dwelling will be disposed of through an individual wastewater
system meeting with the approval of the Department of Health.
21. Solid Waste: Solid waste will be disposed of at an authorized landfill by commercial
haulers or individual homeowners.
22. Essential Utilities and Services: Electrical, telephone and cable services are available to
the property. Police services are located at Kealakehe, about 4 miles from the property.
A fire station is located less than 3 miles away in Kailua -Kona. The closest public school
is located in Kealakehe and County parks are available in Kailua -Kona, Keauhou and
Kealakehe.
AGENCIES - COMMENTS
23. Department of Environmental Management: P.D. Exhibit 2 — March 3, 2010 memo
24. Department of Water Supply: P.D. Exhibit 3 — March 30, 2010 memo
25. Department of Health: P.D. Exhibit 4 — April 1, 2010 memo
26. Department of Public Works: P.D. Exhibit 5 — April 1, 2010 memo
27. Department of Land and Natural Resources (DLNR)- State Historic Preservation
Division: P.D. Exhibit 6 — April 19, 2010 letter
AGENCIES - NO COMMENTS OR OBJECTIONS
28. Police Department, Fire Department, DLNR Land Division
AGENCIES - NO RESPONSE
29. Office of Housing and Community Development, Kona Traffic Safety Committee,
-4-
.
Natural Resources Conservation Service.
APPLICANT'S RESPONSE TO AGENCIES' COMMENTS
30. P.D. Exhibit 7 - letter from Sidney Fuke to Planning Director dated April 23, 2010.
PUBLIC COMMENTS
31. None as of this writing.
-5-
APPLICATION
FOR
COUNTY REZONING
(A -5a to FA -2a)
HIRAM RIVERA
PAPAAKOKO and HONOKOHAU 1st
NORTH KONA, HAWAI' I
TMK: (3) 7 -4 -06: 022
Prepared For:
Hiram Rivera
Prepared By:
Sidney M. Fuke, Planning Consultant
January 2010 Planning Dept.
Exhibit. 1
CHANGE OF ZONE APPLICATION
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information)
APPLICANT: Hiram Rivera
APPLICANT'S SIGNATURE. ,writ* __ DATE: g- -Zf/ -: , 7
ADDRESS: P.O. Box 9031 Kailua -Kona, HI 96745
LIST APPLICANT'S INTEREST IF NOT OWNER:
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS:
PHONE:(Bus.) (808) 325 -5057 (Fax) 325 -3279 (Res) N/A
LANDOWNER(S): Steven A. Campbell and Kari R. Campbell
LANDOWNER SIGNATURE(S): CV-CD � '` ( x'26
.TE: -11 - aQ
(May be by letter)
LANDOWNER(S) ADDRESS: 74 -4908 Mamalahoa Highway, Holualoa, HI 9645
REQUEST: A -5a TO FA -2a
(Existing zoning) (Proposed Zoning)
TAX MAP KEY: (3) 7 -4 -006: 022
STREET ADDRESS OF PROPERTY: 74 -4908 Mamalahoa Highway Holualoa, HI
SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 5.341 acres
AGENT: Sidney M. Fuke, Planning Consultant
ADDRESS: 100 Pauahi Street, Suite 212, Hilo, Hawai`i 96720
TELEPHONE:(Bus.) (808) 969 -1522 (Res.) (Fax) (808) 969 -7996
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Sidney M. Fuke COPIES: Hiram Rivera
f
ATTACHMENT
Agricultural Rezoning
PLANNING DEPARTMENT
COUNTY OF HAWAII
APPLICATION FOR CHANGE OF ZONE
1 . If your request is approved, do you intend to subdivide the subject
land in accordance with the approved change of zone? 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? All
b. Into what lot sizes? 2 +acres
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? lmonth
d. Do you intend to build houses on the newly created lots? Yes
If yes, please answer the following questions:
On how many of those lots? 1
At what approximate price range? House $150,000
Lot $150,000
Total $300,000
Approximately how long, after approval of the subdivision,
would the first house be available for occupancy? Immediate
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? N/A
b. Sell or lease the land to someone who has tentative plans? N/A
c. Sell or lease the land to someone who has no plans? N/A
d. Keep it? N/A
e.
P. D. 2 5/84
•
f, If you intend to do either a, b, c, please elaborate on the kind
of plans the other party has. Please, also, include in your
answer approximately how soon after approval of your rezoning do
you expect to transfer the subject land to another party.
3. Do you think that your request and your further plans for the land
will alleviate the local housing situation? Yes
How?
By providing land for family member, it eliminates need for a lot in the open market.
4. Are there any buildings on the subject area? Yes
If so, what kind?
Residence
What do you intend to do with those buildings if your request is
approved?
Continue to reside in the lot
Is the subject land currently being used for any agricultural activity? No
If so, please list the kinds of products grown and on how many
square feet or acres of land per product.
6. Was your request to allow for the creation of smaller agricultural
lots? No
If so, did your plan include the following considerations?
a. Commodity to be produced?
What kinds of commodity?
b. Suitability of the proposed lot -size for that commodity?
C, Sufficient farm size to allow reasonable chance of success in
commercial agriculture?
-2-
d. Agricultural leases or other forms of assurance that potential
buyers or leases would put the subject area into some form of
agricultural use?
Please state the proposed type of arrangement.
Please submit your agricultural plans for the subject area and
present evidence of consideration of the above requirements together
with your request for a change of zone.
If you do not intend to subdivide the subject land for some sort of
agricultural purpose, please state your other reasons.
7 . To your knowledge, has there been any flooding and /or drainage problem
on the subject area? No
If so, please describe the problem.
Please refer to planning and environmental report for this request.
8 . Do you think that the roads leading to the subject area needs
improvements? No
If so, what kind?
Please refer to planning and environmental report fro this request.
Is the road adequate for the proposed traffic volume or load? Yes
9 What sort of governmental assistance and /or improvements do you feel will
be needed in the subject area when developed?
Yes No
a. Schools X
b. Roads X
c. Sewer X
d. Drainage X
-3-
Yes No
e. Police Protection X
f, Fire Protection X
X
9 Recreational Facilities
X
h, Public Utilities
X
I. Other
For those checked "yes ", please elaborate what type or kinds of improvements
and /or assistance are needed.
Signature:
Address: PO Box 9031 Kailua -Kona, HI 96745
Telephone: (808)325 -5057
Date: August 15, 2009
-4-
COUNTY ENVIRONMENTAL REPORT
COUNTY REZONING REQUEST (A-5a to FA -2a)
HIRAM RIVERA
PAPAAKOKO and HONOKOHAU 1st
NORTH KONA, HAWAII
TAX MAP KEY: (3) 7 -4 -06: 022
I. INTRODUCTION
The applicant, Hiram Rivera, is requesting a 5.341 acre parcel to be rezoned
from Agriculture (A -5a) to Family - Agriculture (FA -2) district in Papaakoko and
Honokohau, North Kona, Hawaii. The property is located makai of the old
Mamalahoa Highway, approximately 1/2 miles from its intersection with the
Hawaii Belt Highway. (Figures 1 and 2).
If approved, the applicant intends to subdivide the 5.341 acre parcel into two
(2) Tots, consisting of a 3.0 acres and 2.341 acres. One of the lots would be
conveyed to the applicant's family, while the other would be retained by the
landowner. In addition to a dwelling, each lot would be used for a small -
scale farm as deemed appropriate by the respective lot owner.
IL PROJECT LOCATION
The subject property is located on the makai side of the Old Mamalahoa
Highway, approximately 400 feet north of the Makua Lani Christian School.
(Figure 1). The intersection of the Old Mamalahoa Highway and the Belt
Highway is located approximately % mile from the subject property.
The site is effectively a flag lot, as that portion of the subject site that abuts
the Old Mamalahoa Highway is relatively narrow. The body of the site is
located makai of another lot identified by TMK: 7 -4 -06: 07, who is also the
owner of the subject property. (Figure 2)
111. PROJECT DESCRIPTION
A. Project Concept and Components
The applicant and his son own properties on the south side of the
subject site, identified by TMK: 7 -4 -06: 42 and 43. The applicant thus
wishes to purchase a 2.341 -acre portion that abuts parcels 42 and 43
for his family. The proposed lot would be used for a dwelling and
small -scale agricultural pursuits, possibly coffee.
1
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Access would be provided via a proposed 16 -foot wide access and
utility easement over parcel 42. Access to the Old Mamalahoa
Highway would be over an existing 20 -foot wide county- approved
easement with at least a 16 foot wide paved section. The proposed
lot would be the sixth lot being serviced by this 20 -foot wide
easement. (Figure 3)
The other lot would be retained by the landowner for residential and
limited agricultural purposes. Access to that lot would continue to be
directly from the Old Mamalahoa Highway.
It is understood that the subdivision plan submitted herein may be
adjusted prior to receipt of final subdivision approval to accommodate
County subdivision requirements and appropriate conditions of
approval.
B. Project Timetable and Cost
The applicant hopes to secure County rezoning approval as soon as
possible and begin the subdivision process immediately thereafter.
Tentatively, plans call for having the land subdivided by the end of
next year. The estimated cost of improvements for this project is
$50,000, which would be principally for the access and water line
improvements over the proposed 16 -foot wide easement.
IV. INSTITUTIONAL CONSIDERATIONS
A. State Land Use
The subject area is designated Agriculture. Based on the size of the
requested area, no State Land Use Commission action is required.
The County of Hawaii can process the rezoning request.
B. County General Plan
The County General Plan Land Use Pattern Allocation Guide
(LUPAG) map designates the subject site and surrounding area
Urban Expansion areas "Allows for a mix of high density, low density,
industrial and /or open designations in areas where new settlements
may be desirable, but where the specific settlement pattern and mix of
uses have not yet been determined. Within areas designated for
development as resorts, portions of the resort area may be included in
the urban expansion area."
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The proposed family - agricultural subdivision would be consistent with
those designations. As such, no General Plan amendment would be
required to effectuate this project.
C. Kona Community Development Plan
This plan, adopted in 2008, attempts to further define the General
Plan and serves as a guide for decision - makers.
The subject site is situated within the "Kona Urban Area ". Thus, the
requested FA -2a zoning would be consistent with and implement this
designation.
D. County Zoning
The County zoning of the subject property is Agriculture (A -5a).
Although there are a few A -5a zoned properties in this vicinity, the
predominant zoning surrounding this area is Agriculture (A -1a). There
is a Residential - Agriculture (RA -.5a) zoning adjacent and northwest of
the subject site.
If approved, the site would be subdivided in a manner meeting with
both the Zoning and Subdivision Codes. Further, all uses and
standards consistent with the requested FA -2a zone would be
adhered to.
E. Relationship to SMA Objectives and Policies
The site is not located within the County Special Management Area
(SMA). As such, no SMA Use Permit would be required. However,
as the entire island falls within the State Coastal Zone Management
(CZM) Area, some discussion of the request's relationship to the CZM
Program follows.
The site is not adjacent to the ocean. It is more than three (3) miles
from the shoreline. As such, the proposed action should not have any
adverse impacts on the area's coastal recreational and marine
resources nor have any impacts on beach protection.
The likelihood of this improvement having any impacts to the area's
historic resources is not high. The site was previously bulldozed by
the landowner and /or its predecessor in interest. In the event any
archaeological features are found during any earth disturbance
3
activity, work will stop within the affected area and appropriate
clearances from the State DLNR -HPD and County Planning
Department will be secured before work resumes. If needed, an
archaeological monitoring program can be instituted as well during
any land clearing activity.
The proposed action will involve the construction of improvements in a
non -urban setting. Accordingly, there is a potential visual impact to
the area's scenic and open space resources. However, the project
would involve the construction of, at the most, a single - family dwelling
on each of the proposed Tots. Further, given the amount of
groundcover to be retained (at least 50 %) and the site not being
visible from the Mamalahoa Highway, any visual impacts of the
Hualalai Mountain would be minimal.
Relative to the Coastal Ecosystems, impacts should be negligible, if
at all, as the site is located well over three (3) miles from the ocean.
Notwithstanding the distance, the nature of the project — family
agricultural — and the construction of only two (2) private wastewater
systems are such that potential coastal ecosystem impacts would
usually not be found.
The proposed action will result in creating the potential for agricultural
farm lots in this area. This should thus provide additional
opportunities for farming. In so doing, the project could aid the
agricultural economy and the overall economic use of this site and
the area in general.
Because of its distance from the shoreline, the site should not be
subject to coastal hazards.
Relative to the managing development objective, this function is
more applicable to the "authority" or approving agencies. However, it
is noted that the request would operate and be constructed within the
scope of the Zoning Code. The subject site would be zoned FA -2a,
and the requested use and design /parameters (parking, height,
setback, etc.) would be consistent with said zoning. In that regard,
the project would be consistent with this policy.
Finally, in terms of the public participation objective, this is generally
a public agency function. This is achieved through the Marine and
Coastal Zone Management Advisory Group (MACZMAG) and the
public hearing process required pursuant to the Planning
Commission's Rules and County Council's meetings on this
4
application. Notices of this application will be sent by the applicant to
surrounding property owners of the submittal of the application, and
again, prior to the public hearing.
Based on the foregoing, it is concluded that the requested
improvements would be consistent with the objectives, policies and
guidelines of the Coastal Zone Management Policies, as outlined in
Chapter 205 -A -23, HRS and Planning Commission Rule No. 9 relating
to Special Management Area.
F. Other Permitting Requirements
As noted earlier, other permits would still be required. These would
be of the "ministerial" variety, such as Subdivision Approval, possible
Underground Injection Control (UIC) permit, driveway access permit,
and the like.
V. ENVIRONMENTAL CONSIDERATIONS
A. General Description
The parcel has generally a rectangular shape, with a small portion
abutting the Old Mamalahoa Highway. The site is vacant of any
improvements. It is situated at about the 1,200 -foot elevation level.
The mean annual rainfall in this area ranges between 50 and 70
inches. The wetter months tend to occur between June through
September. The mean annual temperature is about seventy -five (75)
degrees Fahrenheit, with the warmer months during the summer.
Because the site is situated on the leeward side of the island, winds
tend to be light and variable. Slight easterly winds occur during the
day, while westerly or mountain winds are prevalent during the
evenings.
The site is vacant of any structures. Vegetation on the site includes
some ohia, silky oak, christmas berry, and guava trees. There are
also other introduced weeds and plants and heavy fern underbrush.
B. Soils and Topography
The topography of the site slopes slightly in a mauka (east) to makai
(west) direction. There is a gradual 10 to 15 percent slope.
5
The Land Study Bureau Overall Master Productivity Rating for the
subject site is generally "C" or fair (C55) for agricultural productivity.
The "C" classification suggests that the site has fair productivity for
agricultural crops. It is of the Honuaulu and pahoehoe series, with
shallow and moderately fine soil texture. The color is dark brown, and
the parent material is volcanic ash. This type of soil is well drained
and poorly suited for machine tillability. This type of soil is generally
conducive for coffee.
The State of Hawaii's Agricultural Lands Of Importance to the State of
Hawaii (ALISH) maps classify this site as being "Other Agricultural
Land"
C. Natural Hazards
1. Drainage
The US Corps of Engineers' Flood Insurance Rate Map (FIRM)
designates most of the project site to be located in Zone X,
areas outside the 500 -year flood plain.
Neither the applicant nor the landowner has observed any
significant runoff or erosion in the recent past. Pursuant to
County drainage requirements, appropriate drywell and /or
similar means to capture runoff from the newly constructed
improvements will be built, if necessary, in conjunction with the
subdivision approval process.
2. Tsunami Hazard
As the site is located over 3 miles from the ocean, it is located
outside of the Civil Defense's Tsunami Evacuation Zone.
3. Volcanic and Earthquake Hazards
The United States Geological Survey (USGS) classifies the
area as Lava Flow Hazard Zone 4, on a scale of ascending risk
9 to 1. The populated area of Kailua -Kona also fails in this
category, while the City of Hilo is classified Zone 3. There is
very little that can be done to mitigate this situation and reflects
an ongoing threat to all residents and businesses in these
areas.
6
The entire island of Hawaii falls within Earthquake Zone 4, •
according to the County Building Code. As such, certain
structural requirements will be needed and taken during the
building permit process to address this seismic hazard.
D. Flora /Fauna
Although there were no professional surveys conducted of the floral or
faunal resources of the site, the applicant does not believe that rare or
endangered floral or faunal resources are likely to be found within the
subject site.
The site's vegetation is typical of this area. There are scattering of
ohia and silky oak trees. However, much of the vegetation and
understory are Christmas Berry (Schinus terebeinthifollius), pesky ivy
gourd vines (Cocinia grandis), and lantana (Lantana camara). Thus,
floral impacts should be minimal.
The site is not known to be a habitat for any rare or endangered
animal life. Given its elevation, however, it would be possible to find
the Hawaiian Hawk (/'o) and the Hawaiian Owl (Pueo). Further the
rural nature of the surrounding areas would make it less likely to find
endangered animal life in this area.
E. Historic /Cultural /Archaeoloqical Resources
As the site was formerly bulldozed, no commissioned archaeological
survey of the site was made. However, if needed, an archaeological
monitoring plan can be prepared and implemented in conjunction with
land clearing activity.
Furthermore, in the event any inadvertent discoveries are made
during any land disturbance activity relating to this project, work will
cease and the applicant will immediately notify the Planning
Department and the State DLNR and secure their clearances before
proceeding further.
G. Valued Cultural Resources
In view of the recent Hawaii State Supreme Court's "PASH" and "Ka
Pa'akai 0 Ka'Aina decisions, the issue relative to native Hawaiian
gathering and fishing rights must be addressed. Specifically, there
must be a discussion of the cultural, historical, and natural resources
and associated tradition and customary practices of this site.
7
In this situation, the subject site is not adjacent and /or proximate to
the shoreline. As such, gathering of marine life and coastal access is
not an issue.
It is not known whether the subject or immediate surrounding area
was used in the recent past for the gathering of plants by native
Hawaiians. Neither the applicant nor the landowner has noticed any
native Hawaiians on the site or adjoining properties gathering plants.
Thus, it would appear unlikely that the site would serve such purpose
today.
In the event legitimate gathering claims are made by native
Hawaiians, the applicant intends to respect and honor such claims
and provide the needed access within the site.
Based on the above, it does not appear that the project would have
any potential adverse impact relative to the cultural and historical
resources of the area.
H. Water and Coastal Resources
The subject site is located well over three (3) miles from the coastline.
As such, coastal impacts resulting from discharge of wastewater
systems from the site should not be significant. Further, being a non -
coastal property, no coastal access will be affected.
As the site falls within the Critical Wastewater Disposal Area, septic
tanks will be required for each of the dwellings. These will be
constructed in a manner meeting with the approval of the State
Department of Health.
I. Noise, Air Quality, and Dust
The Old Mamalahoa Highway will serve as the main access to this
project, followed by the use of a 20 -foot wide private access and utility
easement to the site. The existing ambient traffic level in this area is
quite low. As such, the corresponding noise level should be quite low.
With the completion of this project, the noise level is not anticipated to
increase significantly.
There may, however, be short -term noise impacts associated with the
construction of the infrastructure (such as water service lateral and
driveway access improvements) for the proposed subdivision. In that
8
event, contractors will be required to comply with appropriate noise
and related mitigation measures of the State Department of Health.
The proposed development should not generate any direct air quality
impacts. The only discernible air quality impact could be associated
with the vehicular traffic to and from the site. While there will be an
impact to the ambient air quality, the impact should not be significant,
as the project will increase the density by only one additional unit.
Further, with higher EPA standards for automobile air emissions, the
air quality impact should thus hopefully not be significant.
As such, with the exception of potential construction dust in the
beginning, long term dust generated by the project should be minimal.
Construction dust, however, like construction noise will have to
comply with the State Department of Health's regulations.
J. Scenic and Visual Considerations
In the Natural Beauty element of the General Plan, there are sites or
areas listed as being a scenic resource. The subject site is not listed
as a scenic site. However, there were a few examples cited in the
Kona area. The most notable is the backdrop of the Hualalai
Mountain.
The proposed development would not have any visual impacts on this
mountain and other listed scenic resources in the area. The site is
located more on the lower end of Hualalai Mountain, and the normal
residential height should not detract from the mountain. Further,
inasmuch as much of the existing vegetation will be retained and the
site is not readily visible from the Highway, the views of H ualalai
should not be impaired from either the Queen Kaahumanu Highway,
Palani Road, or the Old Mamalahoa Highway.
VI. SOCIAL AND RELATED CONSIDERATIONS
A. Surrounding Land Uses
The land use in this area is generally ruralagricultural in nature.
There are some small family -type coffee farms on properties makai
and to the immediate north and south of subject site. Those
properties are zoned (under the pre 1996 Zoning Code) A -la.
Properties located generally mauka and north of the site are zoned A-
la. There are a few properties zoned A -5a zoning in this area.
9
The village of Holualoa is located about two (2) miles to the south,
where there are urban type of uses. There are some cemeteries
within a mile and a half south of the subject site, such as the Hualalai
Memorial Park, Keopu Cemetery, and the Catholic Church Cemetery.
There is also a school less than 400 feet from the edge of the
property.
Given the existing and zoned conditions, the proposed development
would not be incongruous with the emerging rural - agricultural pattern
of this area.
The land use in the immediate area is generally rural and agricultural
in nature. There are some small family -type farms on properties
proximate to the subject site. Most of those properties are zoned
(under the pre 1996 Zoning Code) A - la, There is also a parcel zoned
RA - .5a on the makai side of the subject property adjacent to Palani
Road.
Given the existing and zoned conditions, the proposed development
would not be incongruous with the emerging residential - agricultural
pattern of this area.
B. Economic Impacts
The requested zoning would have some measure of economic impact,
as it would make a fee simple lot with agricultural potential more
readily available. Although the project is directed at the landowner
and applicant, it would still enable the ultimate user the opportunity to
engage in some sort of agricultural activity.
Further, there will be some small short-term construction activity. This
could help with the area's economy.
C. Agricultural Impacts
As noted earlier, the site has not been intensively used for agriculture
in the recent past. Given the surrounding agricultural uses, however,
its potential does exist. There are a few small -scale coffee farms in
the general area (although not necessarily contiguous). Thus, the
creation of 2 lots should not diminish the site's agricultural potential. It
may actually enhance it. The site would be more manageable from a
size standpoint (2+ acres versus 5+ acres).
10
The applicant's proposal could thus help foster the agricultural
objectives by making a good -sized agricultural lot available to the
applicant and the remaining Iandown.
VII, INFRASTRUCTURAL CONSIDERATIONS
A. Road
Access to the project would be initially from a 20 -foot wide access and
utility easement originating from the Old Mamalahoa Highway. This
easement has a 16 -18 foot wide paved road that serves 5 lots. There
would then be a 14 to 16 -foot wide easement with a 10 -foot wide
paved road over an existing lot. This easement would serve the
proposed 2+ acre lot. The other lot would front, as it does now, the
Old Mamalahoa Highway.
The initial 20 -foot wide access easement meets the County
Subdivision Code for a private road. The maximum number of lots
that can be serviced by this easement is 6, and the proposed lot
would be the 6 lot.
B. Water
There is an 8 -inch County water line fronting the property along the
Old Mamalahoa Highway. Water for the 3 -acre lot would come
directly from the Highway. The smaller lot would be serviced by an
existing line within the 20 -foot wide easement that currently services
the 5 lots.
County water can thus be readily made available to these two lots.
C. Wastewater
There is no County wastewater system in this area. As noted earlier,
a septic tank system meeting with the approval of the Department of
Health would be allowed in this area. This will be done by the
respective landowners when they construct their dwelling.
D. Solid Waste
Solid waste will be handled through commercial haulers or the
individual homeowners into authorized landfill sites or transfer
stations. With the requested FA - zoning, the potential for uses with
toxic or related chemical waste would be minimal, if at all.
11
E. Other Government Services
As this area is already part of the North Kona urban area, it is already
being serviced. No extension of government services would be
required. The nearest fire station is located in Kailua, Tess than 3
miles from the site. The Police Station is located at Kealakehe, also
approximately 4 miles from the subject site
Public school (K -12) is available at Kealakehe, approximately 2 miles
from the subject site. County parks are available in Kailua, Keauhou,
and Kealakehe.
As such, the project should not result in the extension of any
government services. Further, the required public facilities are
located reasonably proximate to the subject site.
F. Other Utilities
All other utilities such as telephone, cable, and electrical services are
available to the site.
VIII. IMPACT SIGNIFICANCE ANALYSIS
A. Relationship Between Local Short -Term Uses of Environment
and Maintenance and Enhancement of Long-Term Productivity
If the request were denied, the short-term use of the site would
probably be left vacant or continue in low level agriculture in the form
of intermittent cattle grazing. The landowner may eventually construct
one dwelling on the site and may elect to do limited agricultural activity
on a portion of the site.
From a long -term productivity standpoint, then, the proposed 2 -lot
subdivision would provide a heightened level of possibility in having
the land used for more intensive agricultural activity.
B. Irreversible and Irretrievable Commitment of Resources
12
As the site has been relatively disturbed in the past, it is not likely that
its development would result in an irreversible commitment of natural
or archaeological resources.
Although the soil on the parcel has been classified "C" or far by the
Land Study Bureau, there is a potential for small -scale agricultural
activity. The site thus does have agricultural potential. It is reasoned
that the creation of the 2 -lot subdivision should help foster and not
remove this land from its more intensive future agricultural potential.
Further, it is not likely that the site has any significant archaeological
features. This is evidenced by the prior grading of the site. Again, if
needed, a monitoring program can be conducted during any land
disturbance activity.
C. Mitigative Measures
The applicant intends to make improvements consistent with the
subdivision process. During the construction phases, contractors will
be obligated to comply with appropriate State noise and air quality
standards.
Should unanticipated archaeological finds be discovered in
conjunction with any further development of the site, work will stop (as
is required by the State and County) and clearance secured before
work is resumed.
There is no existing drainageway on the property. Any and all
required grading or grubbing work will be done in conjunction with the
required permits and /or a SCS Agricultural Plan. This is to assure
that the development of this site does not adversely affect the
drainage of surrounding properties.
Finally, there will be no person or businesses to be dislocated by this
project.
D. Alternatives to the Proposed Project
1. No Project
Under the status quo alternative, the site could continue in its
vacant stage. It could also be sold to one who may be
interested in farming the site. However, it would be equally
13
possible to have the land sold at market price to a "gentleman
farmer."
Given the present mixture of land uses and lot sizes in this
area and proximity to urban areas, the site may not be utilized
to its fullest agricultural potential.
2. Alternative Density
Under this alternative, the applicant could seek a more
intensive zoning, such as FA -1a or RA -1a zoning or possible
RA -.5a. These zoning categories would arguably be consistent
with the adjoining A -1a zoning on the makai and mauka side of
the subject site and the FA -.5a zoning adjacent and to the
northwest of the subject site.
Such an approach, however, may not be compatible with the
policy of trying to foster more family- oriented type of
agricultural activities, such as truck crops or coffee farming in
this area.
3. Evaluation of Alternatives
The project's impacts to the area's social and physical
infrastructure would not appear to be pronounced. Certain
mitigative measures will be taken to address any possible
impacts associated by the development of this project. Further,
the project would be consistent with the land use objectives
sought to be accomplished by the County General Plan
LUPAG map and Kona Community Development Plan.
In view of the aforementioned, it would appear that none of the
alternatives would be more prudent and beneficial than the
requested FA -2a alternative.
IX. REGULATORY ANALYSIS
A. General Plan LUPAG Map
The General Plan provides for the long -range comprehensive
development of the island of Hawaii. It provides direction for
balanced growth in the County.
14
The LUPAG map designates the site Urban Expansion. This
designation allows the requested FA -2a zoning without a General
Plan amendment.
B. General Plan Polices
The requested zoning would be consistent with the goals, policies,
and standards of the General Plan document.
For one, it may provide limited short-term economic opportunities
largely through the construction of any improvements required for the
subdivision. More importantly, however, longer -term opportunities
would be created largely in the form of small -scale truck crops or
nursery farms. In so doing, the resultant project should add revenues
to the County and State coffers.
The project intends to be energy conscious through the use and /or
encouragement of solar energy and design features to take
advantage of the sun and wind patterns.
Maintaining and improving the quality of the environment is important
to the success of this project. The General Plan identifies five (5)
areas of environmental concerns - air pollution, water quality, soil
pollution, solid waste disposal, and noise pollution. As proposed, the
project would not be violative of any of those objectives.
Aside from vehicular transmission, air pollution associated with the
project should be negligible. All wastewater systems would be
consistent with the requirements of the State Department of Health.
This should be sufficient to address any potential groundwater or
coastal water impacts.
If required, a solid waste management plan could be prepared and
implemented. The project will also not be a noisy one, except as may
be associated with the limited farming operations. Any noise -
generating facility - such as air conditioners - would be carefully
placed to minimize their noise impacts to adjoining properties.
Further, it is unlikely that this site would be used as a processing
plant, as it would be more economical to send products elsewhere.
The project area is outside of any floodway. Nonetheless, if required,
a drainage system will be designed and constructed (especially in
conjunction with the subdivision approval process) in a manner to
15
protect the property as well as to minimize the volume of surface
runoff generated by this development.
The site does not appear to have historic sites due in large measure
to the prior grading activity on the site. Nonetheless, work will cease if
unanticipated archaeological remains are discovered during the
development of this project. Work will resume only after proper
clearances from the State and /or County have been received.
While there have been sightings of the Hawaiian crow (Alala) or the
owl (Pueo), this area is not their primary habitat. As such, the subject
project should not have any significant impacts on rare or endangered
plant or animal life in this area.
As the FA - zoning would allow a residence, the project will indirectly
fulfill the objectives of the housing element by creating one more lot.
The Plan also emphasizes that developments be mindful of an area's
natural beauty. In this situation, the project — with the protective
conditions — will be used in a manner where it blends with the existing
terrain.
As the project site is more than 3 miles from the ocean, the usual
coastal resources concern is not pronounced. There will be no
interference with shoreline access. Then, too, through the use of a
septic system or other acceptable form of wastewater system, impacts
to the coastal water will be minimized.
There will be marginal impact to public facilities. The wastewater
system will be private. The water system will be developed in a
manner meeting with the requirements of the Department of Water
Supply. Vehicular access to the site is already fully improved.
Schools and other public facilities are also located proximate to the
site, most of them being less than 3 miles away.
Finally, in terms of the Land Use and Agricultural elements, the
pertinent goals, policies, and standards of the General Plan note the
following:
• Designate and allocate land uses in appropriate proportions and
mix and in keeping with the social, cultural and physical
environments of the County
16
• Protect and encourage the intensive utilization of the County's
limited prime agricultural land
• The County shall encourage the development and maintenance of
communities meeting the needs of its residents in balance with the
physical and social environment
• Zoning requests shall be reviewed with respect to General Plan
designation, district goals, regional plans, State Land Use District,
compatibility with adjacent zoned uses, availability of public
services and utilities, access, and public need
• The compatibility of agricultural and non - agricultural uses should
be carefully reviewed and where appropriate, buffers required
• Rural -style residential - agricultural developments, such as new
small -scale rural communities or extensions of existing rural
communities, shall be encouraged in appropriate locations
• The county shall encourage the development and maintenance of
communities meeting the needs of its residents in balance with the
physical and social environment
• Agricultural land shall be used as one form of open space or
green belt.
In view of the foregoing goals and policies, it is noted that the
requested zoning would be consistent with the Urban Expansion
designation of the LUPAG map. It would also be generally compatible
with the surrounding area. There are many 1 -3 -acre lots adjacent
and makai of the subject site. There are A -la and RA -.5a zoning
makai and also mauka of the subject property.
The soil of the site is classified "C" or fair by the Land Study Bureau.
As such, although there is no agricultural use on the property, it has
the potential. This request should thus would encourage more
intensive agricultural activities on the site. This lot size would be
conducive to the applicant's and other landowner's needs for a
residence and family type of farm.
The property has no severe topographic or geologic problems that
would render the land unusable for the proposed subdivision and
activity.
17
C. Zoning and Subdivision
The designated zoning of the site is Ag -5a. Should the FA -2a zoning
be approved, the requirements of the zoning and subdivision codes
would be complied, including use and related development standards.
These include the incorporation of appropriate restrictive covenants
relating to density, use, and design restrictions.
D. State Land Use Agricultural Standards
As the requested Tots will be more than 1 -acre, the request would not
in principle violate the minimum lot size standards of the State Land
Use law. All of the applicable use guidelines of said law would be
adhered to.
18
SidneyFuke, Planning Consultant
100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 _ _ , - . i3 • Planning • Variance • Zoning
Telephone: (808) 969 -1522 • Fax: (808) 969 -7996 - . • Subdivision • Land Use Permits
E -mail: sidfuke @hawaiiantel.net [ • Environmental Reports
!. . t
° 1: 19
- -- - t i
May 3, 2010
Ms. BJ Leithead Todd, Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 96720
Dear Ms. Leithead Todd:
Subject: Rezoning Application - Hiram Rivera
TMK: 7 -4 -6: 22 (REZ 10- 00012)
This is to follow up on my discussions with Mr. Daryn Arai and Ms. Maija Cottle of
your staff regarding the subject application. The discussion revolved around two issues.
One dealt with whether existing Easement A would allow additional lot(s) to be serviced by
this easement. To date, we have not been able to provide you with documentation to that
effect. The other involved proposed Easement A -1, which, if implemented, would result in
existing Lot 3 -D having a net area of less than 1 -acre when the area of the proposed
easement is excluded.
Your staff noted that one alternative that immediately addresses both issues is to
have the area of the requested rezoning (proposed Lot 2 -B consisting of 2.301 acres)
consolidated with either existing Lots 3 -D or 3 -E. While it may still be possible to create a
separate lot for Lot 2 -B, that route will still require proof of access over Easement A;
possible rezoning of a sliver of proposed Lot 2 -B into A -la; or a new configuration, such as
a flag lot, with the pole or an access easement originating from the Mamalahoa Highway
over Proposed Lot 2 -A. There may also be other options that have yet to be explored fully.
The applicant understands that it is prevailing County policy to not only prohibit the
construction of a second dwelling within a lot or area covered by the rezoning but to also
require full compliance with the Subdivision Code. Thus, any future variance to achieve the
subdivision of the proposed lot would not be favorably looked upon by the Department.
The applicant further understands that at this point in time and given the information
provided to your office to date, the only viable option would be the consolidation route
described above; and that if a separate lot is still desired for Lot 2 -A, its creation would
require full compliance with the Subdivision Code and not through a variance. It is with that
understanding that the applicant requests your continued processing of this application.
S . N W. 1
g Dept.
Planning -- 6'
Exhibit �_�R
Ms. BJ Leithead Todd, Director
May 3, 2010
Page 2
I trust that the above adequately captures my discussions with your staff. If not or if
there are further questions on this matter, please feel free to contact me. Thank you very
much.
Sincerely,
c i N \ tx)c‘
SIDNEY M. FUKE
Planning Consultant
Copy — Hiram Rivera via email
• William P. Kenoi •`. \ � ;/
: �Q;`t .• Lono A. Tyson
Mayor Y e•r ; _ It �#, 1 .� ) Director
William T. Takaba rF d ;• Ivan M. Torigoe
Managing Director Deputy Director
Count r of Raiintil
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
25 Aupuni Street • Hilo, Hawai'i 96720
(808) 961 -8083 • Fax (808) 961 -8086
http: / /co.Hawai'i.hi.us /directory /dir envmng.htm
MEMORANDUM
Date : March 3, 2010, 2010
To . BJ LEITHEAD TODD, Planning Director
From: LONO A. TYSON, Director \ �
Subject: Change of Zone Application (REZ 10- 000120)
Applicant: Hiram Rivera
Request: A -5a to FA -2a
TMK: 7 -4 -6:22
We have reviewed the subject application and offer the following recommendations:
DEPARTMENT COMMENTS: R�`kblt 'm uty,,,M, Dt W
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 Hawai'i County Code.
( ) Require Council Resolution to approve sewer extension in accordance with Section 21 -26.1 of the Hawaii
County Code. Complete 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.
( ) Check or line out as applicable: [ ] If required by the Director of the Depai t,nent 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 tanning Dept,
reasonably require, which the sewer study may indicate are advisable for mitigation of impacts qt lblt .
proposed project. Contact Wastewater Division Chief for details. tX
( ) Other:
SOLID WASTE COMMENTS: (Contact Solid Waste Division for details.) SCANNED
( ) No comments
(}c) Commercial operations, State and Federal agencies, religious entities and non - profit MAR 1 6 2010
organizations may not use transfer stations for disposal.
()C) Aggregates and any other construction/demolition waste should be responsibly reused to
its fullest extent.
(X) ) Ample and equal room should be provided for rubbish and recycling.
( ) Green waste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or
other suitable diversion programs.
County of Hawai`i is an Equal Opportunity Provider and Employer.
> I
(X) Construction and demolition waste is prohibited at all County Transfer Stations.
(X) Submit Solid Waste Management Plan in accordance with attached guidelines.
( ) Existing Solid Waste Management Plan is to be followed. Provide update to the depal tment on current status.
( ) Other:
cc: SWD, WWD 12500
County of Hawai'i is an Equal Opportunity Provider and Employer.
(4 ) l � tY
• • �� � :!• +1r • Lono A. Tyson
William P. Kenoi - +' � a , •� Y
Mayor Director
• y- Ivan M. Torigoe
• • a te or to� Deputy Director
Countt Pafinu
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 Hawaii is an Equal Opportunity Provider and Employer.
Solid Waste Management Plan Guidelines
Page 2of2
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. 1r k
Lono A. Tyson
DIRECTOR
County of Hawai'i is an Equal Opportunity Provider and Employer.
`" '�E WATER 4°.* =
t 1 • •
19 49
DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII
+P 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720
-, HAW k.
TELEPHONE (808) 961 -8050 • FAX (808) 961 -8657
March 30, 2010
TO: Ms. BJ Leithead -Todd, Planning Director
Planning Department ,
FROM: Milton D. Pavao, Manager
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 10- 000120)
APPLICANT — HIRAM RIVERA
REQUEST: A -5a TO FA -2a - ` - s
TAX MAP KEY 7 -4- 006:022
We have reviewed the subject application and have the following comments and conditions.
Water can be made available from an existing 8 -inch waterline within Mamalahoa Highway fronting the subject
parcel. Please be informed that the subject parcel is currently served by a 5/8 -inch meter, which is limited to
one (1) unit of water with an average daily usage of 400 gallons and suitable for only one single - family
dwelling.
Water can be made available for this application (and subsequent subdivision application), subject to the
following conditions:
1. Pursuant to Rule 5 of the Department's Rules and Regulations, the applicant must remit a water
commitment deposit of $150.00 for the proposed additional lot as soon as possible so that a water
commitment may be formally effected. The commitment will be in writing with specific dates and
conditions stated. For the applicant's information, the water commitment deposit will be credited toward
the prevailing facilities charge, which is due prior to final subdivision approval being granted.
2. Construct necessary water system improvements, which shall include, but not be limited to, the following:
a. installation of a service lateral that will accommodate a 5/8 -inch meter for proposed Lot 2 -B,
b. subject to other agencies' requirements to construct improvements within the road right -of -way
fronting the property affected by the proposed development, the applicant shall be responsible
for the relocation and adjustment of the Department's affected water system facilities, should
they be necessary.
Submit construction plans prepared by a professional engineer or land surveyor, registered in t q State of
Hawai`i, for review and approval. Planning Dept.
Exhibit 3
3. Remit the prevailing facilities charge, which is subject to change of $5,500.00, as shown below;
SCANNED
MAR 3 0 2010
BO) 62 1
...Water, Our Most Precious resource ... 7(a Wai A pane .. .
The Department of Water Supply is an Equal Opportunity provider and employer.
ti ,
Ms. BJ Leithead -Todd, Planning Director
Page 2
March 30, 2010
FACILITIES CHARGE (FC):
1 existing service to the subject parcel $0.00
1 additional unit g $5,500.00 /unit $5,500.00
FC Total (subject to change) $5,500.00
The facilities charge is due and payable upon completion of the necessary water system improvements.
4. Submit the appropriate documents, properly prepared and executed, to convey the water system
improvements and necessary easements to the Water Board of the County of Hawaii prior to final approval
being granted. A registered land surveyor shall stamp and certify the metes and bounds description within
the conveyance documents. However, prior to water meter services being granted to the subdivision, or any
lots within, the conveyance documents shall be accepted by the Water Board.
Should there be any questions, please contact Mr. Finn McCall of our Water Resources and Planning Branch at
961 -8070, extension 255.
Sincerely yours,
( _Milton 1 . Pavao, P.E.
Mana -
FM:dfg
copy - Sidney M. Fuke, Planning Consultant
Mr. Hiram Rivera
LINDALINGLE " o - CHIYOME L. FUKINO, M.D.
GOVERNOR "*-1 e -.- Director of Health
i1 , , „i. z
F : o-g
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 916
HILO, HAWAII 96721 -0916
MEMORANDUM
DATE: April 1, 2010
TO: Bobby Jean Leithead Todd
Planning Director, County of Hawaii
FROM: Newton Inouye r\
Acting District Environmental Health Program Chief
SUBJECT: Change of Zone Application (REZ 10- 000120)
Applicant: Hiram Rivera
Request: A -5a to FA -2a
Tax Map Key: 7 -4 -6:22
The Department of Health (DOH), Clean Water Branch (CWB), acknowledges receipt of the
subject document on March 4, 2010. The CWB has reviewed the limited information contained
in the subject document and offers the following comments:
1. The Army Corps of Engineers should be contacted at (808) 438 -9258 for this
project. Pursuant to Federal Water Pollution Control Act (commonly known as
the "Clean Water Act" (CWA)), Paragraph 401(a)(1), a Section 401 Water
Quality Certification (WQC) is required for "[a]ny applicant for Federal license or
permit to conduct any activity including, but not limited to, the construction or
operation of facilities, which may result in any discharge into the navigable
waters... ". The term "discharge" is defined in CWA, Subsections 502(16),
502(12), and 502(6); Title 40, Code of Federal Regulations, Section 122.2, and
Hawaii Administrative Rules (HAR), Chapter 11 -54.
2. In accordance with HAR, Sections 11 -55 -04 and 11 -55- 34.05, the Director of
Health may require the submittal of an individual permit application or a Notice
of Intent (NOI) for general permit coverage authorized under the National
Pollutant Discharge Elimination System (NPDES).
a. An application for an NPDES individual permit is to be submitted at le
180 days before the commencement of the respective activities. The
NPDES application forms may also be picked up at our office or
downloaded from our website at:
Planning Dept.
Exhibit 4
BJ Leithead Todd
April 1, 2010
Page 2 of 3
http:// www. hawaii.gov/health/environmental /water /cleanwater /forms /indi
v- index.html.
b. An NOI to be covered by an NPDES general permit is to be submitted at
least 30 days before the commencement of the respective activity. A
separate NOI is needed for coverage under each NPDES general permit.
The NOI forms may be picked up at our office or downloaded from our
website at:
http: / /www.hawaii.gov/ health /environmental/water /cleanwater /forms /gent
- index.html.
i. Storm water associated with industrial activities, as defined in Title
40, Code of Federal Regulations, Sections 122.26(b)(14)(i) through
122.26(b)(14)(ix) and 122.26(b)(14)(xi). [HAR, Chapter 11 -55,
Appendix B]
ii. Construction activities, including clearing, grading, and
excavation, that result in the disturbance of equal to or greater than
one (1) acre of total land area. The total land area includes a
contiguous area where multiple separate and distinct construction
activities may be taking place at different times on different
schedules under a larger common plan of development or sale. An
NPDES permit is required before the commencement of the
construction activities. [HAR, Chapter 11 -55, Appendix C]
iii. Discharges of treated effluent from leaking underground storage
tank remedial activities. [HAR, Chapter 11 -55, Appendix D]
iv. Discharges of once through cooling water less than one (1) million
gallons per day. [HAR, Chapter 11 -55, Appendix E]
v. Discharges of hydrotesting water. [HAR, Chapter 11 -55,
Appendix F]
vi. Discharges of construction dewatering effluent. [HAR, Chapter
11 -55, Appendix G]
vii. Discharges of treated effluent from petroleum bulk stations and
terminals. [HAR, Chapter 11 -55, Appendix H]
viii. Discharges of treated effluent from well drilling activities. [HAR,
Chapter 11 -55, Appendix I]
ix. Discharges of treated effluent from recycled water distribution
systems. [HAR, Chapter 11 -55, Appendix J]
x. Discharges of storm water from a small municipal separate storm
sewer system. [HAR, Chapter 11 -55, Appendix K]
BJ Leithead Todd
April 1, 2010
Page 3 of 3
xi. Discharges of circulation water from decorative ponds or tanks.
[HAR, Chapter 11 -55, Appendix L]
3. In accordance with HAR, Section 11- 55 -38, the applicant for an NPDES permit is
required to either submit a copy of the new NOI or NPDES permit application to
the State Department of Land and Natural Resources, State Historic Preservation
Division (SHPD), or demonstrate to the satisfaction of the DOH that the project,
activity, or site covered by the NOI or application has been or is being reviewed
by SHPD. If applicable, please submit a copy of the request for review by SHPD
or SHPD's determination letter for the project.
4. Any discharges related to project construction or operation activities, with or
without a Section 401 WQC or NPDES permit coverage, shall comply with the
applicable State Water Quality Standards as specified in HAR, Chapter 11 -54.
Hawaii Revised Statutes, Subsection 342D -50(a) requires that "[njo person, including any public
body, shall discharge any water pollutants into state waters, or cause or allow any water pollutant
to enter state waters except in compliance with this chapter, rules adopted pursuant to this
chapter, or a permit or variance issued by the director."
If you have any questions, please contact Ms. Joanna Seto, Supervisor of the Engineering
Section, CWB, at (808) 586 -4309.
We recommend that you review all of the Standard Comments on our website:
http: // hawaii .gov /health/environmental/ env - plan ning /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 10- 000120.my
L N
DEPARTMENT OF PUBLIC WORK S
COUNTY OF HAWAII L 3 t : _.t
HILO, HAWAII
DATE: April 1, 2010
Memorandum
TO B.J. Leithead -Todd, Planning Director
Planning Department
FROM : Galen M. Kuba, Division Chie
Engineering Division
SUBJECT : Change of Zone Application (REZ 10- 000120)
Applicant: Hiram Rivera
Location: Papaakoko and Honokohau 1st
TMK: 3/ 7 -4- 006:022
We reviewed the subject application and our comments are as follows:
DRAINAGE
All development generated runoff shall be disposed of on -site and shall not be directed
toward any adjacent properties.
EARTHWORK
1. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment
Control, of the Hawaii County Code.
2. The applicant shall comply with Chapter 11 -55, Water Pollution Control, Hawaii
Administrative Rules, Department of Health, which requires an NPDES permit for
certain construction activity.
ROADWAYS
1. The applicant should be advised that in order to allow the access A el A EI)
Lot 2B, while maintaining the minimum lot size, a property line adjustmOlIRWi111010
parcel 42 may be required. By. OG2090
2. Mamalahoa Highway, the County road serving the subject property, is
functionally classified a major collector. It has an 18 -20 -ft. wide pavement within
a variable right -of -way width (approximately 40 -ft. wide in the vicinity of tRlanning ept.
Exhibit
.. Memorandum to PD
April 1, 2009
Page 2 of 2
proposed project). It is substandard based on width, alignment and roadside
hazard clearances. It is classified a collector by the County's General Plan and is
proposed to have a 60 -ft. minimum right -of -way.
3 For future road widening purposes, the applicant shall be required to provide a
10 -foot minimum wide road widening setback along the Mamalahoa Highway
frontage of the subject parcel. Upon request, the road widening setback shall be
dedicated to the County at no cost to the County.
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
Hawaii County is an equal Opportunity Provider and Employer
7 �. - - - x�aq I.AURAI1.71111iLEN
t
LINDA LINGLE - ,( � , BOARD ,�• „ h,Q CIA.MR NATURAL
- . BOARD OE LAND AND NAI'URAI. RISOUR('ES
GOVERNOR ° H
NOR 0AWAII - • , ,r, ; 19 �••, 9 ` COMMISSION ON WATER RESOURCE MANAGE•MI: 1
./,+ RUSSELL Y. TSUJI
, g , 3 7 FIRST' 1)I:I'lfl'1'
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AQUATIC
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IfOAB AND CONVEYANCES
•
COMMISSION ON WATER RESOURCE MANAGE\11Nf
CONSERVATION AND COASTAL I ANDS
CONSERVATION AND RESOURCES. INI.ONCEMINI'
STATE OF HAWAII FORESTRY E ENGINEERING W IDI.IfE
st ate ofHav+a DEPARTMENT OF LAND AND NATURAL RESOURCES nISrONICPRE-SERVATION
HAI LOUV.WF- -. ISIAND RESERVE COMMISSION
LAND
STATE HISTORIC PRESERVATION DIVISION STATE PARES
601 KAMOKILA BOULEVARD, ROOM 555
KAPOLEI, HAWAII 96707
April 19, 2010
BJ Leithead Todd, Director LOG NO: 2010.0887
County of Hawaii Planning Department DOC NO: 1004MD17
101 Pauall.i Street, Suite 3 Archaeology
Hilo, Hawaii 96720 -4224
Dear Ms. Leithead Todd: •
SUBJECT: Chapter 6E -42 Historic Preservation Review —
Request for Comment on a Change of Zone Application (REZ 10- 000120)
Honokohau 2nd Ahupuaea, North Kona District, Island of Hawaii
TMK: (3) 7 -4- 006:022
Thank you for the opportunity to comment on the aforementioned project, which we received on March 4,
2010. We apologize for the delay in our reply. The applicant, Hiram Rivera, is requesting a change from
A -5a to FA -2a. 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: A site visit by SHPD archaeologist Morgan Davis in January, 2010 confirmed that no historic
properties are present on this parcel.
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) 896 -0514 or via email
to: morgan.e.davis a)hawaii.gov.
Aloha,
ra•
Theresa K. Donham, Lead Archaeologist
Hawaii Island Section
State Historic Preservation Division
SCANNED
Planning Dept.
Exhibit (p
•
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SidneyFuke, Plan.„.�g Consultant
100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 • Planning •Variance •Zoning
7■1111/
Telephone: (808) 969 -1522 • Fax: (808) 969-7996 • Subdivision • Land Use Permits
E-mail: sidfuke @hawaiiantel.net • Environmental Reports
. - -i{ PR 26 .�_ /: 47
April 23, 2010
Ms. BJ Leithead Todd, Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 96720
Dear Ms. Leithead Todd:
Subject: Rezoning Application - Hiram Rivera
TMK: 7 -4 -6: 22 (REZ 10- 00012)
Thank you for providing me with agency comments to date regarding the subject
application. In response to those comments, please note the following:
a. Department of Water Supply: The Department noted that water can be made
available subject to certain improvements and fee requirements. Please be
informed that the applicant is prepared to comply with these requirements in
conjunction with the subdivision approval process.
b. Police Department and Fire Department: Neither Department had concerns or
comments on the application.
c. Department of Public Works: The County's drainage requirements will be
complied with for any construction activity on the subject property. The
applicant has been made aware by the Planning Department that the proposed
access easement would result in reducing an existing lot to less than the 1 -acre
minimum area. The applicant is in discussions with the Planning Department on
this issue, as the minimum area stipulation is an administrative policy and not a
codified requirement. Other options to address this area issue are also being
investigated. While it may be understandable to have a future road widening
setback for that portion of the property that is NOT being rezoned, it may be
questionable whether that should be made a condition of this rezoning, if
approved.
d. Department of Environmental Management: The applicant does not anticipate
the project generating significant amount of green waste. In any event, the
applicant intends to retain most if not all of any green waste on site rather than
disposing it at an approved County landfill. Given the nature of this proposed
action (1 lot subdivision) for residential/agricultural purposes, the applicant does
not believe that a formal waste management plan is warranted. - . - - . -
C:� 1
f
Planning Dept. ' i l
g P ) � U 2 - a2
Exhibit 7 Kt_..,. _
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Ms. BJ Leithead Todd
April 23, 2010
Page 2
e. State Department of Health: The Department's requirements, if applicable,
relative to National Pollutant Discharge Elimination System (NPDES) will be
complied with prior to construction of activities requiring discharge into the
ground, such as a drywell. Furthermore, all noise and air quality requirements
will be adhered to by the contractor during the construction phases of this
project.
We trust that this adequately responds to the agencies' comments. Again, we will
continue to meet with your office to address the minimum area issue. In the meantime, if
there are questions relating to this matter, please feel free to direct them to me. Thank you
very much.
Sincerely,
..\ K 1
4I
SIDNEY M. FUKE
Planning Consultant
Copy — Hiram Rivera w/ enclosures via email
RRiveraREZ.doc -5/11 /10
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
HIRAM RIVERA
CHANGE OF ZONE APPLICATION (REZ 10 -120)
Upon careful review of the request against the guidelines for granting a change of zone,
the Planning Director is recommending that a favorable recommendation for the Change of
Zone request from Agricultural 5 -acre (A -5a) to Family Agricultural 2 -acre (FA -2a) 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 applicant requests a change of zone from Agricultural 5 -acre (A -5a) to
Family Agricultural 2 -acre (FA -2a) for approximately 5.341 acres of land in order to
subdivide the subject property into two lots. The applicant and his son own the adjacent
properties on the south side of the subject property, identified by TMK: 7 -4 -06: 42 and
43. Should the change of zone request be approved and subdivision completed, the
landowner will retain the mauka lot and the makai lot will be conveyed to the applicant.
Both lots will be used for residential and small -scale agricultural pursuits.
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, and ultimately, on the future development of the entire island.
The proposed change of zone request would conform to the goals, policies
and standards of the General Plan. The General Plan was developed as a policy guide
for the coordinated growth and development of all sectors of the County. It sets forth
courses of action to accommodate growth without congestion, to designate and preserve
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the lands needed for residential use, commercial and visitor services, industry, agriculture
and open space, and to coordinate these uses with the availability of public infrastructure
and services.
The Land Use Pattern Allocation Guide (LUPAG) Map, which establishes the
basic urban and non -urban form for areas within the County, designates the subject
property as Urban Expansion which allows for a mix of high density, medium density,
low density, industrial, industrial - commercial and /or open designations in areas where
new settlements may be desirable, but where the specific settlement pattern and mix of
uses have not yet been determined.
The purpose of the Family Agricultural district, according to the Zoning Code, is
to provide for a blend of small -scale agricultural operations associated with residential
activities which may be characterized by farm estates, small acreage fauns, or subsistence -
lots in areas where public services and infrastructure are appropriate to support the very
low density residential needs of the community and where a substantial number of
surrounding parcels are less than five acres in size, and where a mix of uses will not
conflict with or be detrimental to existing agricultural uses in the surrounding area. In
addition, this district is intended to be primarily comprised of agricultural lands less than
five acres in area, which are not classified as A or B lands under the Land Study Bureau's
master productivity rating, or classified as prime, unique, or other important agricultural
lands by the State Department of Agriculture's ALISH (Agricultural Lands of Importance
to the State of Hawai`i) classification system, provided that this district may include lands
so classified if the lands are situated within an Urban Expansion or other urban
designation under the general plan LUPAG map. The subject property has soils
classified by the Land Study Bureau as "C' or "Fair" and is classified as "other important
agricultural lands" by the ALISH; however, the property's Urban Expansion LUPAG
designation indicates that this general area is appropriate for urban land uses.
Surrounding properties in the general area of the subject property are in
residential and agricultural use. Lots to the north and west are approximately 5 acres in
size and lots immediately to the south and east are 1 -2 acres in size. Policy LU (Land
Use) 2.8(2)(b)(i) of the Kona Community Development Plan indicates that.change of
zone requests within the Kona Urban Area but outside of Transit Oriented Developments
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(TOD's) must be consistent with the General Plan LUPAG designation. Thus, the
applicants request fora change of zone to FA -2a in order to subdivide and create two,
2 +1- acre lots is appropriate in this area as it will not diminish the potential for future
agricultural uses on the property as is consistent with the General Plan and LUPAG Map
designation of Urban Expansion.
All essential utilities and services are available to the site. The existing
dwelling is accessed via a driveway from Mamalahoa Highway, which is a paved two -
lane County roadway with 18 to 20 -foot wide pavement within a variable right -of -way
width (approximately 40 -feet wide in the vicinity of the subject property). According to
the Department of Public Works, Mamalahoa Highway is substandard based on width,
alignment and roadside hazard clearances. Mamalahoa Highway is classified as a
collector in the General Plan and is proposed to have a minimum 60 -foot wide right -of-
way; therefore, a condition of approval will require the applicant provide a 10 -foot
setback for future road widening purposes.
Should the change of zoning be approved, the applicant proposes access to the
future subdivided makai lot via an existing 20 -foot wide access easement (identified as
"Existing Easement A for Access Purposes" in Figure 3 of the application) which
currently provides access to Lots 3A through 3 -E, and a new 18 -foot wide access and
utility easement over Lot 3 -D (identified as "Proposed Easement A -1" in Figure 3 of the
application). To date, the applicant has not provided documentation indicating that the
future subdivided lot can acquire a right of access for Easement A. Additionally, the
Rezoning Exhibit included in the application would not comply with the Zoning Code
because the creation of Easement A -1 will reduce the size of Lot 3 -D, which is zoned
Agricultural -1 acre, below the minimum 1 -acre lot size. In order to allow the creation of
Easement A -1 but maintain a 1 -acre lot size for Lot 3 -D, the applicant would need to
consolidate the subject property with Lot 3 -D (which is owned by the applicants son) or
Lot 3 -E (owned by the applicant) and re- subdivide to create two or three lots. This would
fulfill the applicant's purpose of subdividing the subject property into two lots but would
also meet the Zoning and Subdivision Code requirements related to minimum lot size and
access. Another viable option that would meet Zoning and Subdivision Code
requirements is to subdivide the subject property into two lots with a flag lot
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configuration so that the makai lot is accessed from Mamalahoa Highway via the "pole"
portion of the flag lot: This option would not involve Existing Easement A or require
Proposed Easement A -1, and therefore the applicant would not need to provide
documentation indicating that the future subdivided lot can acquire a right of access for
Easement A. A condition of approval will require the applicant secure Final Subdivision
Approval from the Planning Director within 5 years from the ordinance effective date and
provide the applicant with the options described above for creating the subdivision while
maintaining access and minimum lot size meeting with Code requirements.
According to the Department of Water Supply, County water can be made
available to the property via an existing 8 -inch waterline within Mamalahoa Highway
fronting the subject property or via an existing 6 -inch waterline within "Access and
Utility Easement A ". The applicant will be required to install a service lateral and water -
meter, as required by the Department of Water Supply, to provide water to any future lot
created by subdivision. As there is no municipal sewer system in the area, wastewater
will be disposed of into individual wastewater systems meeting the standards and
requirements of the State Department of Health. Solid waste will be disposed of by
commercial haulers or individual homeowners into an approved landfill. Additionally,
the Department of Environmental Management recommends the applicant provide a
Solid Waste Management Plan to address solid waste for future grubbing and
construction activities.
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 ", which is an area determined by FEMA to be outside the 500 -year floodplain.
If required by the Department of Public Works, the applicant will provide a drainage
study and ensure that all development generated storm run -off be disposed of on -site and
not allowed onto adjacent properties or roadways.
Electrical, telephone and cable services are available to the property. Police
services are located about 4 miles away in Kealakehe and fire services are located less
than three miles away in Kailua -Kona. The closest public school is located in Kealakehe
and County parks are available in Kailua -Kona, Keauhou and Kealakehe. To limit the
-4-
cumulative impact of the proposed subdivision on area infrastructure, a condition of
approval will prohibit - a second dwelling and condominium property regime on each lot.
The request is not contrary to Chapter 205A, Hawaii Revised Statues,
relating to Coastal Zone Management Area. The subject property is located over three
miles from the shoreline and is not in the Special Management Area. Thus, the property
will not be affected by coastal hazards and beach erosion. There are no identified
recreational resources, public access to the shoreline or mountain areas, scenic and open
space preserves, coastal ecosystems, marine resources or other natural and environmental
resources on the subject property.
In view of the Hawai`i State Supreme Court's "PASH" and "Ka Pa'akai 0
Ka'Aina " decisions, the issue relative to native Hawaiian gathering and fishing rights
must be addressed in terms of the cultural, historical, and natural resources and the
associated traditional and customary practices of the site:
Investigation of valued resources: No formal archaeological reconnaissance
survey, oral history of kama`aina accounts of the area, historical survey of documentary
records, or botanical study was included in the application.
The valued cultural, historical, and natural resources found in the rezoning area:
The property has been bulldozed in the past and is currently used for residential purposes.
As such, it is anticipated that no historic properties will be affected. In a letter dated
April 19, 2010, the State Department of Land and Natural Resources Historic
Preservation Division (SHPD) stated that no historic properties will be affected by this
undertaking because grubbing/grading has altered the land. A condition of approval will
require that the applicant cease work and notify the SHPD should any unanticipated
archaeological features or sites be uncovered during the course of development.
Possible adverse effect or impairment of valued resources: There is no evidence
that the flora or fauna in the area are particularly desired or used for cultural practices.
Feasible actions to protect native Hawaiian rights: As stated by the applicants, no
gathering for cultural purposes is taking place on the site. Thus, to the extent to which
traditional and customary native Hawaiian rights are exercised, the proposed action will
not affect traditional Hawaiian rights; therefore, no action is necessary to protect these
rights.
-5-
•
Based on the above findings, the approval of the Change of Zone request from an
Agricultural (A -5a) to a Family Agricultural (FA -2a) zoned district would result in an
appropriate land use pattern and further the public convenience, necessity and general welfare.
The accompanying draft bill to amend Section 25 -8 -3 (North Kona Zone Map) of
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.
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COUNTY OF HAWAII •''' " =''�/ • STATE OF HAWAII
�
BILL NO.
ORDINANCE NO. (PLANNING DEPT)
AN ORDINANCE AMENDING SECTION 25 -8 -3 (NORTH KONA ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983
(2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL — FIVE ACRES (A -5a) TO FAMILY AGRICULTURAL — TWO ACRES
(FA -2a) AT HONOKOHAU 2 NORTH KONA, HAWAII, COVERED BY TAX MAP
KEY 7- 4- 006:022.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25 -8 -3, 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 Honokohau 2" North
Kona, Hawaii, shall be Family Agricultural — Two Acres (FA -2a):
Beginning at the Northeasterly corner of this parcel of land, being also the
Southeasterly corner of Lot 1 and being a point on the Westerly side of Mamalahoa
Highway, the coordinates of said point of beginning referred to Hawai`i State Plan
Coordinate System Zone 1 (NAD 27) being 309,376.52 feet North and 336,834.13 feet
East and running by azimuths measured clockwise from True South:
1. 34T 53' 50.00 feet along the Westerly side of Mamalahoa
Highway to a point;
Thence, for the next nine (9) courses following along Royal Patent 5231, Land
Commission Award 7396 to Kekipi:
2. 62° 02' 12.82 feet to a point;
3. 42° 35' 16.30 feet to a point;
4. 338° 22' 11.60 feet to a point;
-1-
5. 295° 10' 22.60 feet to a point;
6. 340° 53' 50.40 feet to a point;
7. 35° 40' 29.70 feet to a point;
8. 56° 24' 113.00 feet to a point;
9. 343° 55' 29.50 feet to a point;
10. 352° 23' 119.10 feet to a point;
Thence, for the next three (3) courses following along the remainder of Royal
Patent 6855, Land Commission Award 9971, Apana 9 to W. P. Leleiohoku;
11. 72° 36' 47" 719.21 feet along Lots 3 -B, 3 -C, 3 -D and 3 -E to a
point;
12. 165° 38' 36" 259.52 feet along Lot 2 to a point;
13. 247° 40' 36" 869.76 feet along Lots 5 and 1 to the point of
beginning and containing an area of 5.341
Acres.
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
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SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
-3-
CRiveraREZ.doc -5/11/ 10
HIRAM RIVERA
CONDITIONS OF APPROVAL
CHANGE OF ZONE APPLICATION NO. (REZ 10 -120)
A. The applicant(s), successors or assigns shall be responsible for complying with all
of the stated conditions of approval.
B. The applicants, successors or assigns shall be responsible for complying with all
requirements of Chapter 205, Hawai`i Revised Statutes, relating to permissible
uses within the State Land Use Agricultural District.
C. The required water commitment payment shall be submitted to the Department of
Water Supply in accordance with its "Water Commitment Guidelines Policy"
within one hundred and eighty (180) days from the effective date of this -
ordinance. The applicant shall construct necessary water system improvements
(including but not limited to installation of a service lateral to accommodate a 5/8-
inch meter for the proposed additional lot) and remit the prevailing facilities
charge, as determined by the Department of Water Supply and convey these
improvements to the County Water Board prior to Final Subdivision Approval.
D. The applicant shall either a) subdivide the subject property into two lots with
access to the makai lot from Mamalahoa Highway through the mauka lot, or b)
consolidate the subject property with either TMK 7 -4 -06:42 or 43 and re-
subdivide into two or three lots meeting minimum lot size requirements of the
Zoning Code and Subdivision Code requirements. Final Subdivision Approval
shall be secured from the Planning Director within five (5) years from the
effective date of this change of zone ordinance.
E. Restrictive covenants in the deeds of all proposed lots within the property shall
give notice that the terms of the zoning ordinance prohibit the construction of a
second dwelling unit and condominium property regimes on each lot. This
restriction may be removed by amendment of this ordinance by the County
Council. The owner of the property may also, in addition, impose private
covenants restricting the number of dwellings. A copy of the proposed
—1—
covenant(s) to be recorded with the State Bureau of Conveyances shall be
submitted to the Planning Director for review and approval prior to the issuance
of Final Subdivision Approval. A copy of the recorded document shall be filed
with the Planning Department upon its receipt from the Bureau of Conveyances.
F. To provide for future road widening improvements, a ten (10) -foot wide road
widening setback along the subject property's Mamalahoa Highway frontage shall
be delineated on subdivision plans. The future road widening setback shall be
dedicated to the County of Hawai`i upon its request, at no cost to the County.
G. Any new driveway connections to Mamalahoa Highway shall conform to Chapter
22, County Streets, of the Hawai`i County Code.
H. All development - generated runoff shall be disposed of on site and shall not be
directed toward any adjacent properties. If required, a drainage study shall be
prepared and submitted to the Department of Public Works prior to submittal of
plans for subdivision review. Any required drainage improvements shall be
constructed, meeting the approval of the Department of Public Works, prior to
Final Subdivision Approval.
I. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment
Control of the Hawai`i County Code.
J. The applicant shall comply with Chapter 11 -55, Water Pollution Control, Hawai`i
Administrative Rules, Department of Health, which requires an NPDES permit
for certain construction activities.
K. The method of sewage disposal shall meet with the requirements of the
Department of Health.
L. 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.
M. 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
—2--
notified. Subsequent work shall proceed upon an archaeological clearance from
DLNR-SHPD- when it finds that sufficient mitigative measures have been taken.
N. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for the imposition of exactions or the assessment of impact fees, conditions
included herein shall be credited towards the requirements of the Unified Impact
Fees Ordinance.
O. The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements.
P. 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 applicant, successors or assigns,
and that are not the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
3. Granting of the time extension would not be contrary to the original
reasons for the granting of the change of zone.
4. The time extension granted shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be performed
within one year may be extended for up to one additional year).
5. If the applicant should require an additional extension of time, the
Planning Department shall submit the applicant's request to the 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.
—3—
A -20a
A-la
AGRICULTURAL •FIVE ACRES (A -5a) TO
FAMILY AGRICULTURAL - TWO ACRES (FA -2a)
5.341 ACRES TOTAL .
A -1a
A-la -
A -20a
309,376.52' N A la J],
RA -.5a 336,834.13' E
NAD275tatePla HA WAH 1 A i k
A1. 'O
A -1
` � A -5a '
4-la Q� Q tiow.
A -1a O'
-5a
�a
N A -5a
N 41
010 • 1
i
A-5a 111
A-13
1 °:1 A -13 • ?N\-P
.. ma
Feet
0 250 500 1,000 1,500 2,000
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25 -8 -3 (NORTH KONA ZONE MAP) ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL - FIVE ACRES (A -5a)
TO FAMILY AGRICULTURAL - TWO ACRES (FA -2a)
AT HONOKOHAU 2nd, NORTH KONA, HAWAII
MAP PREPARED BY:
COUNTY OF HAWAII, PLANNING DEPARTMENT
TMK: (3)7 -4- 006:022 DATE: Feb. 9, 2010
EXHIBIT "A" Hiram Rivera
Map 1290