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Home My WebLink AboutCOM 0904.000 2008-2010 William 4oJ�`Y O 1 ,.' P. Kenoi p � William T. Takaba Mayor % +; l� „ ,.4 i • % Managing Director �;.:•�.� Wally Lau or Deputy Managing Director County of Hawai 25 Aupuni Street • Hilo, Hawai`i 96720 • (808) 961 -8211 • Fax (808) 961 -6553 KONA: 75 -5722 Hanama Place, Suite 102 • Kailua -Kona, Hawai'i 96740 (808) 327-3602 • Fax (808) 326 -5663 July 28, 2010 Honorable J Yoshimoto, Chairman 4. fV and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chainnan Yoshimoto and Members: 1 ' Change of Zone Application (REZ 10- 000121) Applicant: Stephanie Dullum Request: A -40a to A -10a Tax Map Key: 4 -6 -11:39 Change of Zone (REZ 698) Applicant: HNMP, LLC (Paul Ogasawara, Manager) Request: Five -Year Time Extension to Comply With Condition B (Complete Construction) of Change of Zone Ordinance No. 03 -111 Tax Map Key: 1 -5 -7:20 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 letters and enclosures regarding the above - referenced requests. Sincerely, William P. Kenoi Mayor Enclosures cc: Planning Department Coma No. i 0 s �, I Ref. To, FjjC.L 2tS`1 ? Ref. Dote j -2 0 2 9PI n Jett/ Os M, .. L a�i os .N M County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawai`i 96720 Phone (808) 961 -8288 • Fax (808) 961 -8742 July 28, 2010 The Honorable J Yoshimoto, Chairman and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yoshimoto and Council Members: Change of Zone Application (REZ 10- 000121) Applicant: Stephanie Dullum Request: A -40a to A -10a Tax Map Key: 4 -6 -11:39 The Windward Planning Commission, after a duly held public hearing on July 8, 2010, voted to recommend for your approval the proposed legislative bill for a Change of Zone from Agricultural — 40 acres (A -40a) to an Agricultural - 10 acre (A -10a) district for 71.178 acres of land. The property is located along the makai (north) side of the Hawai`i Belt Road near the 44- mile marker, approximately 0.5 mile east of the entrance to Camp Honokaia (Boy Scout Camp), Kawela, Hamakua, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicant has submitted a Change of Zone from Agricultural 40 -acre (A -40a) to Agricultural 10 -acre (A -10a) for 71.178 acres to subdivide the property into six (6) lots ranging from approximately 10 to 15 acres in size. The reason for the request is to provide lots for respective family members of the landowners, while keeping the land for pastoral and /or equestrian use. The plans call for having the land being subdivided by mid 2011, and the estimated cost of improvements would be between $750,000 and $1 million. 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 a comprehensive policy analysis approach that evaluations and decisions can be made to better time or stage developments to achieve quality growth. The implications of these evaluations and decisions must also be considered as they may have an impact on other similar areas in the County. The proposed change of zone from an Agricultural (A -40a) to an Agricultural (A -l0a) zoned district will conform to, among others, the goals, policies and standards of the Land Use, Economic and Agricultural General Plan Elements and the General Plan LUPAG Map: The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non -urban form for areas within the County. The proposed request conforms to the LUPAG Map, which designates the property as Important Agricultural Land. Important agricultural lands are those lands with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors. Soils within the property are identified as Honokaa silty clay loam, low elevation, 10 to 20 percent slopes (HsD). The Land Study Bureau's Detailed Land Classification System identifies soils on the property as "D" or "Poor" for agricultural productivity. The ALISH System classifies the subject property as being on the boundary of the Hamakua Forest Reserve. The properties outside of the reserve near the subject property are classified as Other Important Agricultural Lands and Prime Agricultural Lands under the ALISH System. As the applicant is proposing to keep the land for pastoral and/or equestrian use, the request will be consistent with the General Plan. The request also conforms to the Northeast Hawai`i Community Development Plan Land Use Concept Map, which designates this area for agricultural uses. The proposed change of zone will conform to, among others, the goals, policies and standards of the Land Use, Economic and Agricultural General Plan Elements: Land Use • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 3 • 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. Economic • Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. • Economic development and improvement shall be in balance with the physical, social and cultural environments of the island of Hawai`i. • Provide an economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural and social environment. Agricultural • Identify, protect and maintain important agriculture lands on the island of Hawai`i. • Preserve the agricultural character of the island. • Preserve and enhance opportunities for the expansion of Hawai`i's Agricultural Industry. Therefore, based on the above information, the proposed request is consistent with the goals, policies and standards of the General Plan, the General Plan LUPAG map designation for the property and the Northeast Hawai`i Community Development Plan. The proposed request will result in a more appropriate land use pattern that will further the public necessity and convenience and the general welfare. When considering an amendment initiated by a property owner or other person who proposes to change the district classification of any property, the director shall also consider the purposes of the existing and proposed district and the purposes of the Zoning Code and shall recommend a change in a district boundary only where it would result in a more appropriate land use pattern that will further the public necessity and convenience and the general welfare. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 4 In considering the purpose of the existing and the proposed district classification, the proposed request is not changing the district classification of the property, which is Agriculture, but is requesting to change the density from a minimum lot size of 40 acres (A -40a) to allow a minimum lot size of 10 acres (A -10a). If approved, the approximate 71 -acre property will be able to be subdivided into 6 lots ranging size from 10 to 15 acres. The zoned district classification will remain Agriculture and the purposes of the existing district classification will remain the same. For the purpose of promoting health, safety, morals, or the general welfare of the County, the Zoning Code regulates and restricts the height, size of buildings, and other structures, the percentage of a building site that may be occupied, off - street parking, setbacks, size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes. In considering the purposes of the Zoning Code in relation to the proposed request, the approval of the request will result in a higher density. If approved, the applicant could build additional dwellings on each newly created lot, resulting in an increase in the overall unit density within the project site. The Planning Director supports this rezoning request, but only on the condition of allowing one dwelling on each lot. Therefore, a condition will be included in the change of zone ordinance to prohibit a second dwelling unit and /or a condominium property regime on each lot. In considering the request in relation to the surrounding zoning, the request will result in an appropriate land use pattern as the property borders a large area of land zoned A -5a to the east, which allows for a higher density than the proposed request. Based on the above information, the proposed request will result in a more appropriate land use pattern that will further the public necessity and convenience, and the general welfare of the County. The proposed request will not burden public agencies to provide utilities and services to the subject property. Access to the property is proposed to be from the Hawai`i Belt Road, which is a State owned and maintained roadway with a 24 -foot pavement within an approximate 100 -foot right -of -way. The applicant is proposing to construct a 20 -foot wide agricultural standard paved road within a 50 -foot wide right -of- way on the subject property for access to the individual lots. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 5 County water is available for only one of the proposed six (6) lots. The applicant is proposing to construct a private well system for potable, fire protection, and irrigation purposes to provide water for the additional five (5) lots. Solid waste will be handled by the individual lot owners hauling to the authorized landfill sites or transfer stations. Electricity and telephone are available to the site. The applicant is also proposing to use solar photovoltaic systems to supplement its power needs. Police and fire facilities are located in Honokaa, which is approximately 3 miles from the subject property. Discussion Regarding the Proposal of a Private Water System Instead a Public Water System for this Change of Zone Request. Section 25- 2 -46(m) (Concurrency) of the Zoning Code states "A change of zone application shall not be granted unless: (1) the department of water supply has determined that it can meet the water requirements of the project and issue water commitments using its existing system; or (2) specific improvements to the existing public water system, or a private water system equivalent to the requirements of the department of water supply will be provided to meet the water needs of the project and conditions of zoning delay occupancy until the necessary improvements are actually constructed." The applicant's proposed private water system will not meet the requirements of the Department of Water Supply for a private water system. The property is currently eligible for one (1) County water meter. Additional meters can be obtained from the Department of Water Supply with extensive water system improvements, which may include source development and transmission facilities estimated to cost up to $1.2 million. There is also the option of creating a private water system designed and constructed in accordance with the Department of Water Supply's Water System Standards, which would include two (2) wells of equal capacity (3,000 gpd per well), transmission waterlines, and an off -site 100,000 - gallon concrete reservoir. The estimated cost for the private water system improvements may be up to $2.2 million. Instead of implementing one of the above options, which meets concurrency requirements, the applicant proposes to develop a private water system that does not meet the DWS Water System Standards. Their proposal consists of installing one (1) well that will provide 6,000 gpd, which is double the DWS requirement of 3,000 gallons per day (gpd), transmission waterlines, and a 15,000- gallon reservoir or storage tank for the well. The main difference of the applicant's private water system versus a private water system approved by the Department of Water Supply is that the applicant is proposing to have a 15,000- gallon reservoir or storage tank onsite, instead of the required 100,000 - gallon reservoir to be located offsite. The standards for the Department of Water Supply The Honorable J Yoshimoto, Chairman and Members of the County Council Page 6 require a 100,000 - gallon concrete reservoir to be located offsite at an elevation of 100 - feet above the highest portion of the subject property. The reason for this requirement is to have the water pumped from the well to the 100,000 - gallon reservoir, which is located at a higher elevation, and then to allow the water to work as a gravity flow system to the individual lots. This saves electrical costs associated with a pump system because water is only pumped to the main reservoir tank instead of being pumped to each of the individual lots. Additionally, the gravity flow system will work as a backup system in the event of damage to the system or a power outage. The gravity flow system will continue to work for a day or two until power is restored or necessary repairs can be made. The applicant is proposing to store water within a 15,000- gallon tank located onsite and use a pump system to service the individual lots. The Department of Health -Safe Drinking Water Branch also oversees new public water systems. They define a new public water system as a system that serves 25 or more persons, or has 15 or more service connections. Based on the information provided in the application, the Department of Health believes that this system may service 25 or more persons, and therefore would be considered a new public water system. This would include people who live and work on the proposed six (6) lots, including farm workers for agriculture or people associated with the pastoral and /or equestrian use of the property. As such, the applicant will be required to comply with the state and federal requirements for a new public water system, which are explained within the Department of Health -Safe Drinking Water Branch's comment letter. A condition of approval could be considered requiring the applicant not to service more than 25 persons with their private water system to ensure that they do not trigger the state and federal requirements for a new public water system, but such a condition would be difficult to enforce. Therefore, the Planning Director is recommending that a standard condition be added requiring the applicant to comply with the requirements of the Department of Health -Safe Drinking Water Branch for the proposed water system. The Planning Director is bringing this matter for discussion to the Planning Commission and the Hawai`i County Council mainly because of the costs involved for an applicant to create a private water system meeting with the approval of the Department of Water Supply or improving the existing County water system if County water is not available to the applicant's property. As mentioned above, the cost to improve the existing County water system to provide County water to the subject property may be up to $1.2 million. Additionally, the cost for a private water system designed and constructed in accordance with the Department of Water Supply's Water System Standards may be up to $2.2 million. These excessive costs to bring water to the property basically prevent any opportunity for the applicant, and other residents, to consider a change of zone for their property. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 7 The concurrency law within the Zoning Code states that a change of zone cannot be granted unless either County water is available for the proposed lots, or upgrades to the existing County water system are done to bring County water to the proposed lots, or a private water system equivalent to the requirements of the Department of Water Supply is constructed to meet the water needs of the project. As discussed above, if County water is not available for the project, the cost to provide water to the project will be excessive. There are no reasonable options to provide water for smaller projects that may result in fewer lots, such as the proposed request. The applicant is proposing to create a private water system that does not meet all of the criteria for approval by the Department of Water Supply, but does meet some of their requirements. The applicant has drafted language for conditions relating to water that will be incorporated into the proposed conditions of approval, except for the request to deem the water requirement of the Subdivision Code to be fulfilled. The applicant will still be required to apply for a water variance for the proposed subdivision. The Planning Director is recommending that the Planning Commission send a favorable recommendation of this change of zone request to the Hawai`i County Council along with the proposed water standards rather than those required under the concurrency law. The reason for the request is to have the Hawai`i County Council consider a change in the concurrency law to allow an option for smaller rezones to provide a private water system similar to the applicant's proposal, but which does not meet the highest standard as required in the law. There is no severe geological or topographical problem for the property that cannot be properly rectified or which would render the land unusable. According to the Flood Insurance Rate Map (FIRM) prepared by the Federal Emergency Management Agency (FEMA), the property is within Zone X, area determined to be outside the 500 -year flood plain. The property is also located outside of any tsunami inundation area. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is not situated within the Special Management Area. It is located approximately 3 miles from the nearest coastline and will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources, historic resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the area. Thus, the proposed request and use of the property will not adversely impact those resources. It is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject property because the property was previously utilized for sugar cane cultivation and The Honorable J Yoshimoto, Chairman and Members of the County Council Page 8 ranching. Presently, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of known valued cultural, historical or native resources in the area. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. 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 or botanical study was included in the application. The valued cultural, historical, and natural resources found in the rezoning area. As the site was used extensively for cattle grazing in the past, it is unlikely that there are any valued cultural, historical, and natural resources to be found in the rezoning area. Possible adverse effect or impairment of valued resources: There is no evidence of any possible adverse effects or impainnents will occur to any valued resources. Feasible actions to protect native Hawaiian rights: The Department of Land and Natural Resources -State Historic Preservation Division commented that a search of their records found that no archaeological inventory survey has been conducted of the subject parcel. Because historic properties in this area are known to exist (from both pre- Contact and historic -era times, DLNR -SHPD is recommending that an archaeological inventory survey be conducted by a qualified archaeologist for their review and approval. a condition of approval will be added requiring the applicant to submit and receive approval of an archaeological inventory survey to the DLNR -SHPD prior to the issuance of any land alteration permits or the submittal of plans for Final Subdivision Approval, whichever occurs first. Additionally, a condition of approval will be added for the protection of inadvertent finds should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered. The applicant shall be required to cease work in the immediate area and contact the Department of Land and Natural Resources — State Historic Preservation Division (DLNR -HPD). Subsequent work shall proceed upon an archaeological clearance from DLNR -HPD when it finds that sufficient mitigation measures have been taken. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 9 Based on the above findings, the above request to reclassify the subject property would result in an appropriate land use pattern. For your favorable consideration, an amendment to Section 25 -8 -16 (Hamakua District Homestead Zone Map), of the County Zoning Code is transmitted. We are enclosing copies of the staff Background, Planning Director's Recommendation, and transcript of the hearing for your information. Sincerely, Rell Woodward, Chairman Windward Planning Commission Ldullum02rez 10- 000121 PC Enclosures cc: Mr. Sidney Fuke Ms. Stephanie Dullum Department of Public Works Department of Water Supply Department of Land & Natural Resources -HPD DOT - Highways, Honolulu Amy Self, Esq., Corporation Counsel BDullum- REZI0- 121 .jwd 06 -24 -10 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT STEPHANIE DULLUM CHANGE OF ZONE APPLICATION (REZ 10 -121) STEPHANIE DULLUM has submitted an application for a Change of Zone for 71.178 acres from an Agricultural 40 -acre (A -40a) to an Agricultural 10 -acre (A -10a) district. The property is located on the makai side of the Hawai`i Belt Road (Highway 19) fronting the 46- mile marker, Kawela, Hamakua, Hawai`i, TMK:4 -6- 011:039. APPLICANT'S REQUEST 1. Request: The applicant has submitted a Change of Zone from Agricultural 40 -acre (A -40a) to Agricultural l0 -acre (A -10a) to subdivide the property into six (6) lots ranging from approximately 10 to 15 acres in size. (Planning Department Exhibit 1 - Change of Zone Application with Amended Request Letter) 2. Reasons for Request: According to the applicant, the reasons for the request are to provide lots for the respective family members of the landowners, while keeping the land for pastoral and /or equestrian use. 3. Project Timetable and Cost: The plans call for having the land being subdivided by mid 2011 and the estimated cost of improvements would be between $750,000 and $1 million. 4. Landowners: Kawela Partners, LLC and Thielen, LLC. STATE AND COUNTY PLANS 5. State Land Use Classification: Agricultural. 6. County Zoning: Agricultural (A -40a). 7. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Important Agricultural Land. 8. Northeast Hawaii Community Development Plan: Adopted on June 26, 1979 by Ordinance No. 445, the Plan designates the area for agricultural uses. 9. Special Management Area (SMA): The property is not located within the County SMA boundary. The property is located approximately 3 miles from the nearest shoreline. -1- ATTACH: Comm. 904 Bill 284 DESCRIPTION OF THE PROPERTY AND SURROUNDING AREA 10. Property: The property borders the Hawai`i Belt Road (Highway 19) at the area of the 46 mile marker. It is 71.178 acres in size and is rectangular in shape. The property is currently vacant of structures and has been actively used for cattle and horse breeding for the past five (5) years. 11. Building Permit: According to Building Permit Records, the following building permit has been issued for the property: • Building Permit No. 2007- 0138H: Issued to Reynolds Partners on January 12, 2007 for a 2- story, 4- bedroom, 4 -bath dwelling. There have been no inspections for this permit. 12. Surrounding Land Uses /Zoning: Lands to the north and south are larger agricultural lands zoned A -40a and consist mainly of agricultural uses. To the west is land zoned Open which have been planted with Eucalyptus trees. To the west are properties zoned A -5a consisting of agricultural uses, vacant lands and scattered dwellings. 13. Flood Insurance Rate Map (FIRM): Zone X, area determined to be outside the 500 - year flood plain. The property is also located outside of any tsunami inundation area. 14. U.S.D.A. Soil Survey Report: Honokaa silty clay loam, low elevation, 10 to 20 percent slopes (HsD). 15. Land Study Bureau: "D" or "Poor." 16. ALISH Map System: Hamakua Forest Reserve. 17. Flora /Fauna Resources: Although no flora and /or fauna study was done, the property was used extensively for cattle grazing in the past. The property is currently pastoral in character with scattered ohia trees.The applicant does not believe that rare or endangered floral or faunal resources are likely to be found with the subject site. 18. Cultural /Archaeological /Historical Resources: An archaeological inventory survey was not conducted of the subject property. The Department of Land and Natural Resources -State Historic Preservation Division commented that a search of their records found that no archaeological inventory survey has been conducted of the subject parcel. Because historic properties in this area are known to exist (from both pre- Contact and historic -era times, DLNR -SHPD is recommending that an archaeological inventory -2- survey be conducted by a qualified archaeologist for their review and approval. PUBLIC FACILITIES AND UTILITIES 19. Access: Access to the property is proposed to be from the Hawai`i Belt Road, which is a State owned and maintained roadway with a 24 -foot pavement within an approximate 100 -foot wide right -of -way. The applicant is proposing to construct a 20 -foot wide agricultural standard paved road within a 50 -foot wide right -of -way on the subject property for access to the individual lots. 20. Water: According to the Department of Water Supply, County water is available for only one of the proposed six (6) lots. The applicant is proposing to construct a private well system for potable, fire protection, and irrigation purposes. 21. Wastewater: There is no County sewer system in the area. The applicant will be required to comply with the requirements of the Department of Health for individual wastewater systems for the proposed lots. 22. Solid Waste: The applicant is proposing to handle solid waste by the individual lot owners hauling to the authorized landfill sites or transfer stations. 23. Other Essential Utilities and Services: Electricity and telephone are available to the site. The applicant is proposing to use solar photovoltaic systems to supplement its power needs. Police and fire facilities are located in Honokaa, which is approximately 3 miles from the subject property. AGENCIES' COMMENTS 24. Department of Public Works: (Planning Department Exhibit 2 — April 5, 2010 Memo) 25. Department of Water Supply: (Planning Department Exhibit 3 — April 14, 2010 Memo) 26. Department of Environmental Management: (Planning Department Exhibit 4 — March 12, 2010 Memo) 27. Police Department: (Planning Department Exhibit 5 — March 22, 2010 Memo) 28. Fire Department: (Planning Department Exhibit 6 — March 17, 2010 Memo) 29. Department of Land and Natural Resources -Land Division: (Planning Department Exhibit 7 — April 8, 2010 Letter) -3- 30. Department of Land and Natural Resources -State Historic Preservation Division: (Planning Department Exhibit 8 — April 19, 2010 Letter) 31. Department of Health: (Planning Department Exhibit 9 — March 15 and March 24, 2010 Memos) AGENCIES -NO RESPONSE 32. Department of Transportation, Department of Agriculture and Natural Resources Conservation Service APPLICANT'S RESPONSE TO AGENCIES' COMMENTS 33. The applicant has submitted several letters in response to agencies' comments. (Planning Department Exhibit 10 — Applicant's Letters dated March 29, 2010;April 9, 2010;April 29, 2010; and May 27, 2010) PUBLIC COMMENTS 34. As of the date of this writing, the Planning Department has not received any objections from the general public or adjacent landowners on the subject application. -4- ri 0- APPLICATION FOR COUNTY REZONING (A-40a to A-10a) STEPHANIE DULLUM KAWELA, HAMAKUA, HAWAFI TMK: (3) 4-6-011: 039 Prepared For: Stephanie Du llum Prepared By: Sidney M. Fuke, Planning Consultant February 2010 Planning Dept. CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Stephanie Dullum APPLICANT'S SIGNATURE: ' gal" / t-_ _ _ _ _ �'/' DATE:. —02-02 0/O ADDRESS: 1 Keahole Place, Suite 1507 Honolulu, HI 96825 LIST APPLICANT'S INTEREST IF NOT OWNER: Principal of Kawela Partners, LLC LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: Stephanie S. Dullum Robert G. Hogan PHONE:(Bus.) (808) 227 -4211 (Fax) (808), 356 -0742 (Res) N/A LANDOWNER(S): Kawela Partners, LLC and T . en, LLC lac LANDOWNER SIGNATURE(S): 1 ,, y 7.; _ ",�.� DATE: (May be by letter) LANDOWNER(S) ADDRESS: 46 -3996 Hawaii Belt Highway (Ahualoa) HI REQUEST: A -40a TO A -10a (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) 4 -6 -011: 039 STREET ADDRESS OF PROPERTY: 46 -3996 Hawaii Belt Highway (Ahualoa) HI SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 71 + / -acres AGENT: Sidney M. Fuke, Planning Consultant ADDRESS: 100 Pauahi Street, Suite 212, Hilo, Hawaii 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: Stephanie Dullum • • CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Stephanie Dullum APPLICANT'S SIGNATURE: DATE: ADDRESS: 1 Keahole Place, Suite 1507 Honolulu, HI 96825 LIST APPLICANT'S INTEREST IF NOT OWNER: Principal of Kawela Partners, LLC LIST PRINCIPALS) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (808) 227 -4211 (Fax) (808) 356 -0742 (Res) N/A LANDOWNER(S): K:. ; ' . rtners LLC . 4 d Thielen LLC LANDOWNER SIGNATURE(S): • DATE: f � ( May e by letter) LANDOWNER(S) ADDRESS: 46 -3996 Hawaii Belt Highway (Ahualoa) HI REQUEST: A -40a TO A -10a (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) 4 -6 -011: 039 STREET ADDRESS OF PROPERTY: 46 -3996 Hawaii Belt Highway (Ahualoa) HI SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 71 +/ -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: Stephanie Dullum 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? A11 b. Into what lot size8? 10 +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 $400,000 Total $550,000 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? No If so, what kind? What do you intend to do with those buildings if your request is approved? 5. Is the subject land currently being used for any agricultural activity? Yes If so, please list the kinds of products grown and on how many square feet or acres of land per product. Cattle and horse grazing 6. Was your request to allow for the creation of smaller agricultural lots? Yes If so, did your plan include the following considerations? a. Commodity to be produced? Yes What kinds of commodity? b. Suitability of the proposed lot -size for that commodity? Yes c. Sufficient farm size to allow reasonable chance of success in commercial agriculture? Yes -2- • COUNTY ENVIRONMENTAL REPORT REZONING REQUEST (Agricultural 40 -acres to Agricultural 10- acres) STEPHANIE DULLUM KAWELA, HAMAKUA, HAWAII TAX MAP KEY: (3) 4 -6 -011: 039 INTRODUCTION The applicant, Stephanie Dullum, on behalf of Kawela Partners, LLC and Thielen, LLC, is requesting the rezoning of a 71+ -acre area from Agriculture (A -40a) to Agricultural (A -10a) zoning in Kawela, Hamakua, Hawaii. (See Figures 1 and 2) The subject site is located on the makai side of the Hawaii Belt Highway, approximately % mile east of Camp Honokaia (aka Boys Scouts Camp). The intersection of Plumeria Street and the Belt Highway is located approximately 2 miles east of the site. If approved, the applicant, on behalf the landowners, intends to subdivide the 71+ acre site into six (6) 10+ to 15± acre sized lots. The objective of the applicant is to provide lots for the respective family members of the landowners, while keeping the land for pastoral and /or equestrian use. II. PROJECT LOCATION As noted earlier, the subject area is located on the makai side of the Belt Highway, approximately 1 /2 mile east of Camp Honokaia at the 44 mile marker. The intersection of Plumeria Street and the Belt Highway is located approximately 2 miles east of the site. The intersection of Kapuna Road and Kapena Road in the Ahualoa area is located generally mauka of the site. What would amount to the makai extension of Kapena Road forms the property's eastern boundary. That extended road, however, is an old Homestead Road that has been declared a "road in limbo" by the County. While limited access is available through this Road, there is also a permitted access at the western end of the property from the Belt Highway. The access from the Highway is proposed to be relocated further east, and the relocated access is intended to serve all proposed 6 lots. The subject site is pastoral in character with scattering of ohia trees. A forest reserve, owned by the State, is located to the site's westerly boundary. There are scattered rural /agricultural residences east of the site. The Ahualoa Homesteads is located on the mauka side of the Belt Highway. 1 .. Of . c.,,,,,, ,,,, * -4-- ..16 - 6 . 1.: : - ., , ..„•: , : : .?,..:,:!',...,,,.., - • . .. - 1,y.,,_.,\I'A ... . . ... , .. ' ' i . .. ' �. x - -3.: . . • . 11 \--,' ' ' . 5' ...... ..:-..,,,:.:.,';' . _...,..,,,,,,,.:..,..: 0 11 ta . kl I. • l if ## AA I) )4';:i'-` -It 4 . '". ( . , ,f‘l?, ... . '''..,), \" 1, • IA , ,..,_ I t?:( : SUBJECT ' . S‘. • PROPERTY .,, ........ A -; , • . ., : a .......„... ... ... ,,... . . .1 . ti I a �� r ... e � $ w s _ + S S',Vi N., ,. • Boys SCOuts I . Cam . 5k.: s 3 4 2 iii t ` i \\II ..,..,. , . . .. . , r s ue{ d • F .• . at - ,:. s • it 4S o FIGURE 1 • • • • i • ,.e -.,. —° r-"°""`��.�•._ �y :' :ut' . it �; "'x�•" 'fie « cto! �..a� fed • / F r i Kapenp Rd ! �,f ` : ©2010 Gaogle - Map data ©2010 Google: -. • • • • FIGURE 2 SCHEDULE C All of that certain parcel of land (being portion of the land(s) described in and covered by Royal Patent Number 7394, Land Commission Award Number 8559 -B, Apana 1 to W. C. Lunalilo,) situate, lying and being the north side of Hawaii Belt Road (F.A.P. No. F 019- 1(1)an on the west side of Homestead Road Reserve of the Ahualoa Homestead Lots at Kawela, Hamakua, Island and County of Hawaii, State of Hawaii, and thus bounded and described: Beginning at a 1/2 inch pipe, at the southeast corner of this parcel of land, being also the northwest corner of the intersection of Hawaii Belt Road (F.A.P. No. F -019 -1 (1) and Homestead Road Reserve, the coordinates of which referred to Government Survey Triangulation Station "KUILEI" being 5969.18 feet south and 2019.44 feet west and running by azimuths measured clockwise from true South: Thence along the north side of Hawaii Belt Road (F.A.P. No. F -019 -1 (1), on a curve to the right with a radius of 5689.58 feet the azimuth to the radius center being 172 08' 21 ", the chord azimuth and distance being: 1. 82 39' 40.5" 103.69 feet to a 1/2 inch pipe; 2. 83 11' 1238.65 feet along the north side of Hawaii Belt Road (F.A.P. No. F- 019 -1 (1) to a 1/2 inch pipe; 3. 173 11' 10.00 feet along a jog on the north side of Hawaii Belt Road (F.A.P. No. F -019 -1 (1) to a 1/2 inch • pipe; 4. 83 11' 500.00 feet along the north side of Hawaii Belt Road (F.A.P. No. F- 019-1 (1) to a 1/2 inch pipe; 200822205 © Title Guaranty of Hawaii, Inc. Page 4 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 SCHEDULE C CONTINUED 5. 353 11' 10.00 feet along a jog on the north side of Hawaii Belt Road (F.A.P. No. F -019 -1 (1) to a 1/2 inch pipe; 6. 83 11' 150.00 feet along the north side of Hawaii Belt Road (F.A.P. No. F- 019 -1 (1) to a 1/2 inch pipe; 7. 83 11' 50.00 feet along the north side of Hawaii Belt Road (F.A.P. No. F- 019 -1 (1) to a 1/2 inch pipe; 8. 83 11' 167.77 feet along the north side of Hawaii Belt Road (F.A.P. No. F- . 019 -1 (1) to a 1/2 inch pipe; 9. 210 34' 30" 6.65 feet along Government (Crown) Land of Honokaia to a " +" cut on concrete post (found); 10. 201 39' 20" 990.20 feet along Government (Crown) Land of Honokaia to a " +" cut on concrete post (found); 11. 187 35' 329.30 feet along Government (Crown) Land of Honokaia to a " +" cut on concrete post (found); 12. 230 17' 20" 613.60 feet along Government (Crown) Land of Honokaia to a " +" cut on concrete post (found); 13. 211 46' 89.30 feet along Government (Crown) Land of Honokaia to a 1/2 inch pipe; 200822205 © Title Guaranty of Hawaii, Inc. Page 5 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 F • SCHEDULE C CONTINUED 14. 277 36' 1816.60 feet along remainder of Royal Patent 7394, Land Commission Award 8559 -B, Apana 1 to W.C. ii Lunalilo, (Certificate of ,I Boundaries 22) to a " +" cut on � concrete post (found); ,i 15. 23 50' 1330.35 feet along the west side of Homestead Road Reserve to the point of beginning and containing an area of 71.178 acres, more or less. Together with a Grant of Easement for underground water pipeline purposes, as granted by instrument dated April 15, 2005, recorded as Document No..2005- 077389; and subject to the terms and provisions contained therein. BEING THE PREMISES ACQUIRED BY TRUSTEE'S LIMITED WARRANTY DEED; GRANT OF EASEMENT GRANTOR MELVIN B. HEWETT, JOHN B. RAY, and WARREN H. HARUKI, as Trustees under that certain Land Trust Agreement for the Parker Land Trust dated September 13, 2002 GRANTEE REYNOLDS PARTNERS, a Hawaii limited partnership DATED April 15, 2005 RECORDED Document No. 2005 - 077389 END OF SCHEDULE C • 200822205 © Title Guaranty of Hawaii, Inc. Page 6 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 • 4 z /k ,_ | , 111% l } } 2 r f k a ! d\ ?! d \_ o m | 0 {) � q : 1 j j i 1 ! ]] �� 0 \ 2� , 1 �° �_ w�7j$_J 4. | |� � "oz... 1-< g \ mk O6 \ § e- ��§ a. 2 .§ ) 2P - \d } # �° ` , e O =0 2 �/ 2 7 q J } to ` w44 4.444, lii ■h • � | se / $ . . l o . q k < f . 6 » 2 § . \k\ / < 4 !4 , li" El | " x .% || | { ` # ° 1 -, �1 ly„ lit {§ ' • w|§ ) ■| ! ` • - . F-' } \ \ \ III. PROJECT DESCRIPTION A. Project Concept The subject property is owned by Kawela Partners, LLC and Thielen, LLC. The applicant is one of two members of Kawela Partners. The other landowner, Thie len LLC, is singularly owned. The objectives of the landowners are multiple: 1. Family Conveyance The landowners wish to subdivide the property into six (6) lots ranging between 10 -15 acres in size. Three (3) of the lots are intended to be conveyed to the children of Kawela Partners, LLC, while the remaining three (3) would be kept by the three (3) members and /or principals of both LLCs. 2. Continued Ranching Use, In addition to facilitating conveyance of the property to family members, the landowners want to continue cattle grazing, equestrian activity, and the breeding and raising of horses on the site. As such, the proposed Tots have been configured with that objective in mind, complete with a proposed common easement for a riding arena. It should be noted that the applicant and her partner have been grazing cattle, as well as breeding and raising horses, on the site for more than two (2) years. This has been done under the business name of Aloha Warmbloods, LLC. Collectively, however, they have had over thirty (30) years experience in the cattle and horse breeding field. 3. Cultivation of Small -scale Agricultural Products Because of the site's accessibility to reliable water (as will be discussed below), weather, and soil, the applicant intends to explore the possibility of raising cottage or gourmet crops like ohelo berries, tea, and possibly, truffles for sales locally. The applicant has had positive informal discussions with the University Agricultural Extension Service in Kamuela regarding these potential crops and intends to seek its guidance throughout this process. 2 B. Project Components As noted above, the applicant's goals are multiple. To achieve these objectives, the applicant's proposal includes the following components: • Lot Size: Subdivide the subject site into six (6) lots, with lots ranging between 10+ to 15 ± acres. (See Figure 3) • Price: Because the lots are intended to be divided among members of the landowners and their respective families, no price tag has been attached to the market value of these lots. It should be noted, however, that while sales is not their intent, one cannot dismiss the possibility of seeing some of those lots sold in the future. • Marketing: One of the landowners (Kawela Partners, LLC) already a market for its cattle and horses. It, as well as the other partner, will work with the State Department of Agriculture and University of Hawai'i Extension Service in developing a program for new cottage or gourmet type of crops on the property. This would be integrated into their equestrian and cattle grazing plans. For example, if tea leaves are successful, they could be used as hedges to create different cell blocks. • Water: County water is available for one of the proposed six (6) lots. To make up for this shortfall, a private well for potable, fire protection, and irrigation purposes has already been drilled and tested. (This is discussed further in greater detail later on in this report.) This system would be made available to all lots and would allow lot owners the opportunity to get access to irrigation and potable water throughout the year. • Road: The applicant intends to create a new County approved private road serving all proposed six (6) lots. This road would consist of a 20 -foot wide agricultural standard paved road within a 50 -foot wide right -of -way. The plan is to seek approval from the State Department of Transportation to have the existing permitted access relocated to the site noted in Figure 3. • Utilities: All other utilities, such as electricity, are or can be readily made available to the site. The applicant also intends to use solar or photovoltaic system to supplement its power needs. 3 Iii . o E a C N z" — €a r) al • 1 l r- a • a ` , • 8 i ` ! !/'' ti o o z ai E; s a 4 • a E $Y 1 F,_ -1 1 411)) `c Q' = m u � G i� x � j � o m g & D! /' fi rU A d � m�� m � ! • G d Z a 11',6-Ts d rt a F 2 ❑ y ? t ° J '_ $ .1'I d m ..� q -El � ! G� a, z x �x a�p'Q x mac E I AR d 0 c - ›, / . 11 3 0 d x x ° �a o co m en E i.1 i 1g� `' 0603 E a .2 m p I $ � � '� 9 Gi x • e� ° p a�rn ,g qwx m m ▪ .. .` . a I o., U it; .F.! p 'n F v m m P FUG 0 y A. ' p g w 0 boo 0 J Fl q 00 'A yqy •O N Y 6 re K / W R t ( 6 2 g III _ i O WU s R. d -I �..c.- d 2 t �� as B = 3 $ o g. : 51 s m w j= _ .Rab' 1 ' l , . 1 - --__- __ -,V I' . - - ;:..J.:•::::::,,-..--;•:,:„.....,-,:-. �,. .• •%' . ■ x a € '- el k _ :xO zl < d 1 ill I , x 1 � @n5N ,^'.. 93 1' inter - .� • � : s4. _ Q 1 - "t• • , Ole ;5 ! F.. f 1: t E ---. vF I.. i . 9,_ ;. '..-.*. ' ' ;1; . 1 'i ' ''' ' G T_ 4 2 K \ fri r • _ 1 • Residence: At this time, there are no plans to have more than one single - family dwelling on the property. However, should the agricultural demand of the site increases, there is a possibility that an additional farm dwelling request will be made. • Association: A cooperative association would be formed by all of the landowners for the maintenance of the road and water system The applicant understands that the subdivision plan submitted herein is conceptual and may change prior to receipt of final subdivision approval to accommodate County subdivision requirements and appropriate conditions of zoning approval. C. Proiect Timetable and Cost The applicant hopes to secure the necessary County rezoning approval as soon as possible and begin the subdivision process immediately thereafter. Tentatively, plans call for having the land being subdivided by mid 2011. The estimated cost of infrastructure improvements, including the outfitting of the new well, would be between $750,000 and $1 million. 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 most of the site Important Agricultural Land. This designation refers to land that have better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors." Based on the requested A -10a zoning, the project would be consistent with the General Plan LUPAG designation, and no amendments would be required. 4 C. County Zoning The County zoning of the subject property is Agriculture (A -40a). Adjoining properties immediately to the north are zoned A -40a, while properties south and across of the Highway are zoned A -40a and A- 5a. Properties adjacent and to the east are zoned A -5a, whereas the property to the northwest is zoned Open. (See Figure 4) If approved, the site would be subdivided in a manner that would not fully comply with the requirements of the Subdivision Code. There will be deviations relative to standard water requirements. Specifically, the Subdivision Code requires compliance with the Department of Water Supply ( "DWS ") standards, which would either be connection to its system or alternatively, constructing an approved private system. For a private system, however, the DWS requires a backup well. In this instance, there will be only one well. Because of this deviation, the applicant hopes that through a condition of the rezoning ordinance, the need for a water variance can be obviated. Notwithstanding the deviations from the conventional water system, the applicant intends to comply with all other requirements of the zoning and subdivision codes (such as use, lot size, minimum average width, and so forth). 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 nearly five (5) 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 likely. The site has been entirely cleared and utilized for cattle grazing in the past. In the event there are inadvertent finds, work will immediately cease and the State Historic Preservation Division ( "SHPD ") and County Planning Department will be notified. No work will resume in the area of the inadvertent find until appropriate clearances have been secured. 5 6GO� ' ZEO L009 6 E Z ' E$o Z 0 09 5 oi'L; 4, OED D. .., z � R Oo �� a — OhE c L • 1 �.. LSOL0096E t o 0 9 bE 9 1 0 {Q M x o : 06p1 40 t-: n G0 ) 80 L9b E e co £ \ 7.-" " r 08p cn £40(106 ` � OD9� • ,, ,, �08ppff -' OasG096 £ � p0 <• e ` r � pg � -.-� 1 0 oo09 , i' 9008ab96 f b'l.Q$o6k j - 1 • T. ` E b08D09 1 � 8p8 009 bg • J J _ ! o .k)69 '-'i::::::•'. r — 6Sp8p - ` 9909p09bE T. 9 E 0800g i 99o8DO - Z08QOU6£ j $h p800 zoe000b ) . ' ' �o �:. 02ppyP I SEp8009pE • -•-. 1905 ¢Z08a� n . '_.'-_ -- -. \ Oo9n E E0800g'� y ^ 0. 5Z08003b o09b£ ) T I '3' _•_ ZL 080 096E b908Qa9bE • 1 50 8 £ " G909 0a9tiE. L ., _ 09 '-- - -- ` 9 D ; 9ZOt?OOg6E i n .4 6Z080Q9pE � , c9 QQ009PE ` - - -- - 1 o ? 5908003bE • 1 sLOSOOg6E �' .. 09080096E 1� oo GLD80096E _ 9 bE C9D80096E ,E908009h£ OBJECT J 8Z080096E ARCEL ps °Spo9 . .• __ 6008056 ._ E i 34 1 i 0 e� 7 • ° ce 0 0 f� • U 11 v o� • W , _ c0 _ _ - _ ` . cn ,� n 0 L C FIGURE 4 The proposed action will involve farm- related improvements in an agricultural setting. Accordingly, aside from a farm dwelling on each of the proposed lots and related agricultural structures, the potential visual impact to the area's scenic and open space resources should be negligible. Relative to the Coastal Ecosystems, impacts should be negligible, if at all, as the site is located nearly five (5) miles from the ocean. Notwithstanding the distance, the nature of the project — residential - agricultural — and the construction of cesspools or septic wastewater systems are such that potential coastal ecosystem impacts would usually not be found. The proposed action will create 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 A - 10a, and the proposed uses would be consistent with the requested 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 application. Notices of this application through the erection of a sign on the property and mailings will be done. The mailings will be done initially upon receipt of the application and again, upon establishment of the date, time, and place of 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. 6 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, and the like. V. ENVIRONMENTAL CONSIDERATIONS A. General Description The subject site is located on the makai side of the Hawaii Belt Highway, approximately % mile east of Camp Honokaia (aka Boys Scouts Camp). The intersection of Plumeria Street and the Belt Highway is located approximately 2 miles east of the site. Although there is a graveled access along the makai extension of Kapena Road and east of the subject property, the primary access to the subject site will be from the Belt Highway. This access is intended to be relocated further east or towards Honoka'a. A good portion of the area surrounding the subject site continues to be used for cattle grazing or small -scale agricultural pursuits. The subject site, which is vacant of any structures, has been used actively for cattle and horse breeding the past five (5) years. The subject parcel is located on the northeastern slope of Mauna Kea, approximately 5 miles from the ocean. The parcel is gently sloping, ranging from an approximate elevation of 2,125 feet to 1,900 feet above mean sea level. According to the Atlas of Hawaii, 3` Edition, the annual rainfall in this general area ranges around 100 inches. The wetter months tend to occur between March through September. The mean annual temperature is about seventy (70) degrees Fahrenheit, with the warmer months during the summer. 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 subject site is shaped somewhat like a parallelogram. Along the Highway, the property is about 2,080 feet wide, whereas the back or makai end has a width of 1,810 feet. The width (mauka/makai) is about 1,330 feet at the eastern end and 2,435 feet along the western end. 7 B. Soils and Topography The topography of the site slopes slightly in a mauka (north) to makai (south) direction. There is a gradual 10 to 15 percent slope running mauka - makai, although there are portions that are greater near the makai end of the property. The Land Study Bureau Overall Master Productivity Rating for the subject area is Class "D" or Poor (D59). This suggests the site has poor productivity potential for agricultural crops. It is of the Honoka'a soil series. This type of soil series has moderately deep to deep, moderately fine soil. The color is dark brown and is well drained by moist. It is moderately suited for machine tillability. The State of Hawaii's Agricultural Lands of Importance to the State of Hawaii (ALISH) maps classify the subject area "Other Agricultural Lands." C. Natural Hazards 1. Drainage The Federal Emergency Management Agency's Flood Insurance Rate Map (FIRM) designates the area of the proposed development to be in Zone X (areas outside of 500 - year flood). Notwithstanding this designation, some floodwaters have occurred at the western or Waimea end of the property. That is one of the reasons the existing permitted access is being relocated further east. As there will be added level of impervious surface resulting from the new road serving the subdivision, drywells to contain surface or project generated water may be needed. Aside from the potential drywell(s), no additional drainage improvements are being contemplated. Any existing or potential drainage ways will be designated on the final subdivision plat maps. Accordingly, any potential flooding of the site will be addressed during the subdivision review and approval process. 2. Tsunami Hazard As the site is located nearly five (5) miles from the ocean, it is 8 located outside of the Civil Defense's Tsunami Evacuation Zone. 3. Volcanic and Earthquake Hazards The United States Geological Survey (USGS) classifies this area to be within Lava Flow Hazard Zone 8, on a scale of ascending risk, 9 to 1. The risk is thus relatively low in this area. This is compared to the City of Hilo where it has been classified as Zone 3. There is very little that can be done to mitigate this situation and reflects an ongoing threat to all residents and businesses. The entire island of Hawaii falls within Earthquake Zone 4, according to the County Building Code. As such, the applicant understands and accepts that there may be added structural requirements to address this seismic hazard for any new improvements. 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 has already been used extensively for cattle grazing in the recent past. As such, for the most part, the flora of the site is dominated by kikuya grass. There are scatterings of ohia trees throughout the site. At the eastern makai end of the site, there is a small patch of blue gum eucalyptus trees. Near the makai center of the property, there is a small grove of ironwood trees. Although only the ohia tree is native, it — like the others identified above — are not listed for inclusions on or considered endangered on either the National or State registers. Thus, floral impacts should be minimal. This site is not known to be a habitat for any rare or endangered animal life. Given its elevation plus the stand of trees north of the subject Site, however, it would be possible to find the Hawaiian Hawk I'o) and the Hawaiian Owl (Pueo). 9 E. Historic /Cultural /Archaeological Resources As the site was and continues to be used for cattle grazing, an archaeological inventory survey of the subject site was not performed. A letter requesting a determination of "no historic properties affected" from the Department of Land and Natural Resources has been submitted. Notwithstanding the above, during the course of improving the site, should any unanticipated archaeological features or sites be uncovered, work will cease and the applicant will immediately notify the Planning Department. 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. 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. The applicant neither recall seeing any native Hawaiians using the subject or immediate surrounding area in the recent past for the gathering of plants nor learning of any information to that effect from area residents. In the unlikely event that legitimate gathering claims are made by native Hawaiians, the applicant intends to respect and honor such claims and provide the needed access within the site. Based on the above, it does not appear that the project would have any potential adverse impact relative to the cultural and historical resources of the area. H. Water and Coastal Resources The subject site is located well over five (5) miles from the coastline. As such, coastal impacts resulting from discharge of wastewater systems from the site should not be significant. Further, being a non - coastal property, no coastal access will be affected. Wastewater from the project will be serviced by individual sewer 10 system meeting with the approval and requirements of the State Department of Health. This will probably be a septic system or some variation of it, as the applicant will utilize an on -site well for potable water. . I. Noise, Air Quality, and Dust The Belt Highway will serve as the main access to this project. As this Highway is the major island highway, the ambient traffic level in this area can be periodically high, especially by commercial trucks. As such, because this project will generate only five (5) more agricultural lots, the corresponding noise level to be generated by this project should not be significant. There may, however, be short-term noise impacts associated with the construction of the on -site infrastructure (such as drainage, water and road systems) for the proposed subdivision. Contractors will be required to comply with appropriate noise and related mitigation measures of the State Department of Health. The proposed development should not generate any direct air quality impacts. The only discernible air quality impact could be associated with the vehicular traffic to and from the site as well as farm vehicles operating within the project site. While there will be an impact to the ambient air quality, the impact should not be significant. The tradewind patterns in this area should help dissipate any potential air quality impacts. 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 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 this area. Most notable would be the views of Mauna Kea and Waipio Valley. 11 The proposed development would not have any visual impacts on Mauna Kea. The standard view is from the Highway, and the site is located on the makai side. Although Waipio Valley is located on the makai side of the Highway, it is not visible from this site. As such, there should be no visual obstructions to any of these significant features. VI. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses The land use in this area is generally pastoral in character. There are some residences on the east or Honoka'a side of the property and in Ahualoa. To the west heading towards Waimea, the site is more pastoral in character and use. Given the existing and zoned conditions, the proposed development would be somewhat congruous with the existing agricultural use pattern of this area. B. Economic Impacts The requested zoning would have some measure of economic impact, as it would create additional farm lots. Although intended for family members, the proposed easements and joint use of the entire property should help enhance rather than detract from the existing and potential agricultural use of the property. Furthermore, the applicant intends to create areas for small -scale cottage or gourmet type of food products. These would tentatively include tea, ohelo berries, and the like. In so doing, these uses would enhance the potential for the subject site to be more intensively utilized for small -scale truck crop in addition to the horse breeding plans of the applicant. Further, there will be some small short -term construction activity during the development of the infrastructure for the subdivision. There will also be some mid- to long —term construction activity resulting from the gradual construction of homes on the respective lots. As such, with the direct agricultural use plus the added tax revenues, the project could have some positive influence on the island and area's economy. 12 C. Agricultural Impacts As noted earlier, the site has been used for cattle grazing and horse breeding. This agricultural activity is intended to be maintained through the planned homeowners association and designation of equestrian easements. More so, the applicant intends to set aside areas for some cottage or gourmet type of agricultural products. The applicant has had discussions with the State and University to identify crops that could be cultivated on the property and marketed to area restaurants and stores. Given the private water system, topography, and weather, the opportunities for truck crops are enhanced. It should also be noted that from a resource perspective, the site is classified Class D or poor. However, the applicant believes that the land can be made more productive and used for more than cattle grazing. Although there may be some vacant lands in this area that are capable of being used agriculturally, there are some limitations. Many are large lots; then, too, many may not necessarily have the required water. Given the proposed 10+ acre lot sizes, however, the potential for small -scale cottage or gourmet crops plus cattle grazing can co- exist on the site. As such, the project should actually enhance rather than diminish the site's current agricultural potential. VII. INFRASTRUCTURE CONSIDERATIONS A. Road Access to the project would be from the Belt Highway. This 2 -lane Highway has a right -of -way of more than 100 feet with a pavement width of at least 24 feet. The subject site has a 50 -foot wide permitted access at the western end as indicated on Figure 3. The applicant intends to have this relocated to the area identified on Figure 3. This is to address some existing drainage issues with the current access but more importantly, sight distance and safety matters. The relocated access has been preliminarily deemed acceptable, subject to certain shoulder improvements. A copy of a letter, dated February 12, 2010, from the applicant's engineer regarding this matter is found in Appendix A. 13 The road serving the respective six (6) Tots would be a private, agricultural- standard road. The 20 -foot wide agricultural- standard paved road would be constructed within a 50 -foot wide right -of -way. B. Water The subject site is eligible for one (1) County DWS water meter. To make up for the deficit as well as increase the agricultural potential of the site, the applicant's business company, Kawela Partners, LLC, elected to drill a well on the site. The exploratory drilling was completed on December 17, 2009 and a well completion report was issued by the State Commission on Water Resource Management. A copy of the report for both phases is found in Appendix B, and the well location is found on Figure 3. According to the reports, the well yielded potable water with a flow capacity of 42 gallons per minute ( "gpm "). Because there was no reasonable place to discharge or store the water at that time, no extensive flow test was made. However, if required by the County Department of Water Supply, it could be done. Should that be the case, the applicant anticipates that if pumped continuously for a 6- hour period, the well could easily support 15,000 gpd. At that rate, that would translate to a minimum of 10,000 gpd for each of the remaining five (5) lots. That amount should considerably be more than 600 gpd /lot used by the DWS. The applicant also intends to construct a minimum 30,000 gallon storage tank that would be used for emergency potable and fire protection purposes. This system would be made available to all Tots and would allow lot owners the opportunity to get access to irrigation and potable water throughout the year. To date, the applicant has expended more than $50,000 to successfully drill this well. Should the rezoning be approved, a pump and related appurtenances (such as the storage tank, transmission lines, etc.) will be constructed. The applicant anticipates the water system (less the transmission lines) should approach $250,000. At the property line, each of the lots will be provided its own hook -up with a water meter. Once the system is in place, the applicant will form a cooperative water company to operate and maintain the water 14 system. This cooperative would be proportionately owned by all lot owners. The cooperative would establish a connection fee along with a reasonable rate for water consumption. A deposit account will also be established at a local bank where moneys collected would be used to pay necessary bills and establish a reserve account for necessary repairs and maintenance of the irrigation system. C. Wastewater There is no County wastewater system in this area. As such, a septic system meeting with the approval of the Department of Health will be required. This will be done by the applicant and /or respective landowner in conjunction with the issuance of a building permit for a farm dwelling. D. Solid Waste Solid waste will be handled by the individual lot owners and hauled to authorized landfill sites or transfer stations. With the requested A - 10a zoning, the potential for uses with toxic or related chemical waste would be minimal, if at all. It should be noted that the applicant would encourage respective homeowners to retain most of the vegetation on the site during the construction and farming phases for composting. Thus, green waste from this project would be somewhat limited. E. Other Government Services As this area is already proximate to the Honoka'a urban area, it is already being serviced. No significant extension of government services would be required. The nearest fire and police stations and hospital are located in Honoka'a, approximately three (3) miles away. In this area, K -12 public schools are available at Honoka'a, where there are also playground and tennis courts. 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 or can be made available to the site. 15 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 continue in low level cattle grazing activity. The applicant may eventually construct a dwelling on the parcel or elect to sell the property. Given the soil's characteristics (Class D) and the absence of small - scale farm lands in this area, the provision of smaller lots could result in greater agricultural utilization of the property. Leaving the land in its large tract would make the land suitable only for cattle grazing. Admittedly, cattle grazing is an agricultural activity. However, large lots do not provide opportunities for more intensive agricultural opportunities. Thus, from a long -term productivity standpoint, the proposed 6 -lot agricultural subdivision would provide a heightened level of possibility in having the land used for more intensive agricultural activity, while addressing the need to have landowners provide properties to their families. B. Irreversible and Irretrievable Commitment of Resources The subject site is already fully disturbed. As such, the project should not result in an irreversible commitment of natural or archaeological resources. The soil on the parcel has been classified "D" or poor by the Land Study Bureau. Albeit poor, the site has the potential — with some measure of effort — for more intensive and alternative agricultural uses, such as gourmet or cottage crops. Additionally, the existing cattle grazing coupled with horse breeding uses will still continue. With the on -site potable and irrigation well, the applicant believes that the proposed 6 -lot subdivision would foster and enhance, instead of remove, this land for more intensive agricultural use. Given the soil classification of D, the commitment of resources would be marginal yet retain the prospects of enhancing agricultural activity. 16 C. Mitigative Measures To implement this project, the applicant will have to make some infrastructure improvements. There will also be improvements to the site once the land is subdivided. As such, during all construction phases of this project, contractors will be obligated to comply with appropriate State noise and air quality standards. Should further unanticipated archaeological finds be discovered in conjunction with the 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 platted existing drainage way on the property, although there is visible evidence of drainage along the western end of the property. In either event, any and all required grading or grubbing work will be done in conjunction with the required permits and /or SCS Agricultural Plan. This is to assure that the development of this site does not adversely affect the drainage of the surrounding areas. 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 will continue to remain in its less intensive agricultural state. It could also remain a fire hazard, during periods of drought. There could also be 1 or 2 dwelling on the property. Given the soil's semi - arable characteristics and the demand for small farm lots, the site would not be utilized to its fullest agricultural potential. 2. Alternative Density Under this alternative, the applicants could seek a more intensive zoning, such as the adjoining A - zoning. The additional 6 more units could possibly tax the planned private water system and complicate the access to the Highway. 17 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. Under the proposal, the land would be used more intensively for agricultural pursuits. In view of the aforementioned, it would appear that none of the alternatives would be more prudent and beneficial than the requested A -10a 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. The County General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the most of the site Important Agricultural Land. This designation refers to land that have "better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors." Based on the requested A -10a zoning, the project would be consistent with the General Plan LUPAG designation, and no amendments would be required. Based on the requested Agriculture (A -10a) zoning, the project would be consistent with the General Plan LUPAG designation, and no amendments would be required. 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 family- oriented truck farms. At 18 the same time, the small scale farms would be integrated into the on- going cattle grazing and horse breeding operation. 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 natural elements. Green waste would be used on site. 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 and farm equipment transmission, air pollution associated with the project should be negligible. All wastewater systems would be consistent with the requirement of the State Department of Health. This should be sufficient to address any potential groundwater or coastal water impacts. The applicant will have lot owners practice waste conservation measures, largely through the retention of green wastes for composting. The project will also not be a noisy one, except as may be associated with a typical residence and the agricultural operations. Any noise - generating facility - such as generators - 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 the grown products elsewhere. The project area is outside of any officially designated floodway. Nonetheless, a drainage system will be designed in a manner to protect the property as well as to minimize the volume of surface runoff generated by this development. This may be also accomplished through having an approved SCS agricultural conservation plan. As the site has been fully improved in the past, it would not appear to have any archaeological sites. Nonetheless, work will cease if unanticipated archaeological remains are discovered while continuing its farming operations. Work will resume only after proper clearances from the State and /or County have been received. 19 Being fully disturbed, the prospects of the site serving as a habitat for rare or endangered plant or animal life appear remote. As the A -10a zoning would allow a farm dwelling, the project will indirectly fulfill the objectives of the housing element by creating additional lots. The Plan also emphasizes that developments be mindful of an area's natural beauty. In this situation, the project has been used in a manner where it blends with the existing terrain. Furthermore, the project should create no adverse visual impacts to Mauna Kea or Waipio Valley from the Belt Highway. As the project site is about five (5) miles from the ocean, the usual coastal resources concern is absent or not pronounced. There will be no interference with shoreline access. Then, too, through the use of a DOH - approved wastewater system, impacts to the coastal water will be minimized. There will be little impact to public facilities. The wastewater and water systems will be private. Although the applicant will construct the water and road systems, it will eventually be privately owned and maintained by the respective lot owners. Schools and other public facilities are also located proximate to the site, most of them being less than three (3) miles away in the town of Honoka'a. In terms of the Land Use and Agricultural elements, the pertinent goals, policies, and standards of the General Plan note the following: Goals • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. • Protect and encourage the intensive and extensive utilization of the County's important agricultural lands. • Preserve the agricultural character of the island. • Preserve and enhance opportunities for the expansion of Hawaii's Agricultural Industry. 20 • Assist in the development of agriculture. • Encourage other compatible economic uses that complement existing agricultural and pastoral activities. • 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 • Agricultural land may be used as one form of open space or green belt. Finally, the General Plan's Courses of Action for the District of Hamakua notes the following: Economic • The County shall assist the further development of agriculture in the area Land Use — Agriculture • Encourage large landowners to make agricultural lands available for agriculture. In view of the foregoing goals, policies, and courses of action, it is noted that the requested zoning would be consistent with the Important Agricultural Land designation of the LUPAG map. It would also be compatible with the surrounding area. There are agriculturally zoned properties adjacent and proximate to the subject 21 site. The project would still maintain the agricultural character of this general area, albeit in a more intensive manner. The soil of the site is classified "D" or poor. Nevertheless, the project will result in the further development of the site's agricultural resource and its eventual productive agricultural uses. This project should thus result in the more intensive agricultural use of the site. The property has no severe topographic or geologic problems that would render the land unusable for the proposed subdivision and activity. C. Zoning and Subdivision The designated zoning of the site is A -40a. Should the A -10a zoning be approved, the requirements of the zoning and subdivision codes would be complied, including use and related development standards. However, the only deviation being sought is from the water standards. Hopefully, through a condition of this rezoning, a variance would not be needed. D. State Land Use Agricultural Standards As the requested Tots will be more than 1 -acre, the request would not, technically 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. The site is classified "D" by the Land Study Bureau. As such, there will be no added use restrictions, as outlined in Chapter 205- 4 -5(a), that applies to soils classified either "A" or "B ". 22 Avk WITCHER ENGINEERING LLP Principal Consulting Civil Engineers Bruce E. Witcher, P.E. Construction Managers February 12, 2010 Mr. Sidney Fuke Sidney Fuke Planning Consultant 100 Pauahi Street, Ste 212 Hilo, HI 96720 SUBJECT: Kawela Ranch, Hamakua, HI TMK (3) 4- 6- 011:039 Dear Mr. Fuke: Late last year I discussed the moving of the entrance for the subject project with Robert Taira of the State Department of Transportation. The outcome of the conversation was that, in all likelihood, we would be able to do this. However, the shoulder of the road will probably have to be widened by approximately eight feet, and a taper in the pavement be provided in both directions. Sight distance is another issue which was brought up. Sight distance will have to meet the State standards. These are longer than the AASHTO standards. I believe that this location will meet these requirements. Please call if you have any questions. Sincerely, WITCHER EN EERING LLP 4- Bruce E. Witcher, P.E. Partner enclosure cc: Mr. Bob Hogan • P.O. Box 348, Holualoa, Hawaii 96725 Email: bewitch @ilhawaii.net Office: (808) 334 -0322 • Fax: (808) 324 -0327 APPENDIX A Website: witcherengineering.com 1 i t "o � State of Hawaii For Official Use Only: . �'a. 9 i _ ^� = T COMMISSION ON WATER RESOURCE MANAGEMENT �� :- i,. � ?� ; Department of Land and Natural Resources WELL COMPLETION REPORT - PART Well Construction Instructions: Please print in ink or type and send completed report (with attachments, if applicable) to the Commission on Water Resource Management, P.O. Box 621, Honolulu, Hawaii 96809. The Commission may not accept incomplete reports. This form shall be submitted within 60 days of the completion of work. For assistance, please consult the Hawaii Well Construction and Pump Installation Standards or call the Regulation Branch at 587- 0225. For updates to this form or additional information, please visit our website at htto://www.state.hi.us/dIndcwrm/ 1. State Well No.: 6430 -01 Well Name: Kawela Partners, LLC Island: Hawaii 2. Address: 3055 Pualei Circle, Honolulu, H1 96815 Tax Map Key: 4 -6 -011 -039 3. Drilling Company: Diamond Drilling and Pump 4. Drilling method used during construction: -+ Rotary 5. Date Well Construction (drilled, cased, grouted) completed: 12 -22 -09 Fill out attached Driller's Log Month/Day/Year In addition to the driller's log, ifa geologic log was prepared, please submit with this form. 6. Was the subject well cored? ❑Yes • No 7. Step - Drawdown Test completed? ■ No ❑ Yes Attach Step - Drawdown Test Form (12/17/97 SDPTD Form) 8. Constant Rate Aquifer Test completed? ■ No ❑ Yes Attach Constant Rate Aquifer Test Form (12/17/97 CRPTD Form) Water Level Data: Reference Point Depth to Water Level Date /Time of Elevation _ Water (ft.) ft. above msl Measurement Initial encountered during drilling 9. (this should also be filled in on the driller's log) Ground= 2100 ftmsl - 115 = 1985 12 - - 1pm 10. Just prior to casing installation Ground= 2100 ftmsl 115 1985 12 -17 -09 pm After casing installation If this reference point (this information should be before any pump tests are is not the benchmark, performed with casing installed) the difference between the benchmark and this 1 1. ' Chloride: 10 ppm. Temperature: 67 *F point is: 1t. 115 1985 12 -17 -09 pm 12. As -built section filled in completely 13. Attach photograph of well and concrete pad showing benchmark on concrete pad. 14. GPS coordinates provided in degrees, minutes, seconds If a pump is not planned to be installed, please describe (below in the remarks section) how well is secured to prevent -15. unauthorized access (example: lockable cover, threaded coupling, etc.) 16. RemarKS: This is a perch water well. Top of well elevation is 2100 ft. above msl, bottom of well is 1935 ft. msl. Licensed Driller Rod Diamond C -57 Lic. No. BC 23379 signature Date: 1 -15 -10 WCR1 Form 6/12/07 Page 1 of 5 APPENDIX B 13. AS -BUILT WELL SECTION (Please attach asbui 'different froth diagram provided below) 2101 r Hoe Diameter: 8 . 5 in. Elevation at top of casing R, msl' t I. (to nearest "0:01 ft.) � r l� Minimum of Z Radius & 4' � to Pad Bench mark Ground Elevatio R, mat . ._ elevation: ` '�` 2100.4 ' 115 Please"iefertO ttie " . R, msl' Cement Grout R HAWAII WELL.t +QNSTRUCTION AND (Survey to nearest (min. 70 %.of distance from rs.. .. ... PUMP INSTALLMIONSTANDkRDS 0.01 ft . ) gro umd elevation to top of .;:::' = >. to ensure that your as -built is in contplian4e water surface or 500 . ft., _ w . with appfcalite standards.. • whichever is less.) : Annular space between i�: 1� e m ; Solid Casing: (� 90% x ((mound Elev.-Water Level Etev)) Grouting method: - hole and casing (1.5' for as pos bve displacement, 3' Lef 4.5 inches ft ❑ Positive tJispkacement for other methods): �` • > Nominal Diameter in. Cotner . 2 w Wall Thickness: .., hic ness:.. Schedule 40 in. • _ B ottom Elevation: 1985 . R, msl • Rock or Gravel Packing: : r 511 El 9 • _ T. I pth 50 5 Ai- x' 6 Rterial: r :` Open Casing: 13 Perfo 50 0 Screen Crushed "Basalt y r !; Length: • ft. =`'' ❑ Rounded Gravel a a,} Nominal Diameter 4 . 5 inches in. - O. • waeThi: • • Schedule 40 in W rr el Elevation: : 4. .9 ,,i, i 1935 1985 r B ottom Elevation R _ ft., msl `' t= e } L Hole: N/A ft t : . ,. Length: : i `* . Diameter. in. • *,Ax - Bottom Elevation ft., msl 'msI = mean sea level Solid Casing Material: • Carbon Steel: compliant with (check one or more): ❑ ANSUAWWA C200 ❑ API Spec. 5L ❑ ASTM A53 ❑ ASTM A139 And compliant with (check one or more): ❑ ASTM A242 or A606 ❑ Type E ❑ Type S ❑ Grade B ❑ Other Stainless Steel: (check one): ❑ ASTM A409 (production wells) ❑ ASTM A312 (monitor wells) ABS Plastic conforming to ASTM F480 and ASTM D1527: (check one) ❑ Schedule 40 ❑ Schedule 80 PVC Plastic conforming to ASTM F480 and (ASTM 01785 or ASTM D2241): (check one): • Schedule 40 ❑ Schedule 80 ❑ Schedule 120 Thermoset Plastic: (check one) ❑ Filament Wound Resin Pipe conforming to ASTM D2996 ❑ Centrifugally Cast Resin Pipe conforming to ASTM D2997 ❑ Reinforced Plastic Mortar Pressure Pipe conforming to ASTM D3517 ❑ Glass Fiber Reinforced Resin Pressure Pipe conforming to AWWA C950 ❑ PTFE Fluorocarbon Tubing conforming to ASTM 03296 ❑ FEP Fluorocarbon Tubing conforming to ASTM D3296 Open Casino Material: Carbon Steel: compliant with (check one or more): ❑ ANSI /AWWA C200 ❑ API Spec. 5L ❑ ASTM A53 ❑ ASTM A139 And compliant with (check one or more): ❑ ASTM A242 or A606 ❑ Type E ❑ Type S ❑ Grade B ❑ Other Stainless Steel: (check one):. ❑ ASTM A409 (production wells) ❑ ASTM A312 (monitor wells) ABS Plastic conforming to ASTM F480 and ASTM D1527: (check one) ❑ Schedule 40 ❑ Schedule 80 PVC Plastic conforming to ASTM F480 and (ASTM D1785 or ASTM D2241): (check one): • Schedule 40 ❑ Schedule 80 ❑ Schedule 120 Thermoset Plastic: (check one) ❑ Filament Wound Resin Pipe conforming to ASTM D2996 ❑ Centrifugally Cast Resin Pipe conforming to ASTM D2997 ❑ Reinforced Plastic Mortar Pressure Pipe conforming to ASTM D3517 ❑ Glass Fiber Reinforced Resin Pressure Pipe conforming to AWWA C950 - ❑ PTFE Fluorocarbon Tubing conforming to ASTM D3296 ❑ FEP Fluorocarbon Tubing conforming to ASTM D3296 WCR1 Form 10 /18/04 Page 2 of 5 DRILLER'S LOG WELL NUMBER: 6430 -01 Depths (ft.) s Rock Description, Water Level, Chlorides PPM Dates 0 to 15 Top Soil 12 -15 -09 15 to 40 Basalt 40 to 41 Red Ash 41 to 70 Basalt, some water flow @59ft. 12 -15 -09 70 to 81 Basalt 12 -16 -09 81 to 87 Loose Rock Soft Basalt with water, 112 ft. static water level, cement 87 to 100 basket @115 ft. 100 to 165 Basalt, determined to be solid perch, stopped drilling. 12 -17 -09 to to to to to to to to to Remarks: WCR1 Form 10/18/04 Page 3 of 5 No Dwellings 0 Well app. 800' Latitude: N 20 degrees 04 min. 9 sec. Longitude: W 155 degrees 30 min 32 sec_ f Hawaii Belt Road SKETCH OF WELL LOCATION (Referenced to permanent landmark, i.e. building, road, fence, etc.) WCR1 Form 10/98/04 Page 4 of 5 Well Elevat Site Photo 'yy '' - .,; d' .. ti§ 7 9 C '- §to- � S 3 3 h . } r4 r-...,� t Ye #c r ? f Benchmark Elevation 2100.4 ._.. _ ..,.._ .." � jt v ' ' 1' . . �'" 'P + "a. �r ; ,F 47,X4.,4yr.� x } -.. �..�,. yip .xr.'� ° 1 • u� •i • ..r PT r ° r' Ak, " x ,f'� , te y w .y `,y�` ��'` `" ."�,..� %N�+k .a .,x,.0 n' � ?vJ I certify that the elevation nearest shown above: 1) Was done in accorda nce with acceptable survey pract 2) Is accurate to 0.01 ft. Is referenced to mean sea level 3) Surveyor License No. Date WCR1 Form 90 /98/04 Page 5 of 5 ` � o F ._ '`` State of Hawaii For Official Use Only: f COMMISSION ON WATER RESOURCE MANAGEMENT ._Department of Land and Natural Resources r .. WELL COMPLETION REPORT - PART H 5441 Pump Installation Instructions: Please print in ink or type and send completed report (with attachments, if applicable) to the Commission on Water Resource Management, P.O. Box 621, Honolulu, Hawaii 96809. The Commission may not accept incomplete reports. This form shall be submitted within 60 days of the completion of work. For assistance, please consult the Hawaii Well Construction and Pump Installation Standards or call the Regulation Branch at 587 -0225. For updates to this form or additional information, please visit our website at httDJ /www.state.hi.us/dlndcwrm/ 1. State Well No.: 6430 -01 Well Name: Kawela Partners, LLC Island: Hawaii 2. Address: 3055 Pualei Circle, Honolulu, HI 96815 Tax Map Key: 4 - 011 - 039 3. Pump Installation Company: Diamond Drilling and Pump 4. Date Pump Installed: 12 -17 -09 Month /day /year 5. PERMANENT PUMP INFORMATION Pump Type, Make, Serial No.: SUB / GOULDS / 33GS15 Rated Capacity: 42 gpm at head of: 112 ft. Motor Type, H.P., Voltage, rpm: ITT / 1.5 HP / 230 V / 3450 RPM Pump type (check one): ❑ Deep Well Turbine ❑ Rotary ❑ Propeller X Submersible ❑ Rotary- Displacement ❑ Reciprocating ❑ Centrifugal ❑ Rotary-Gear ❑ Impulse 6. Method of flow measurement: X Flowmeter Manufacturer Master Model no. PT92194 Size 3 /a in. ❑ Weir ❑ Open Pipe ❑ Orifice* ❑ Other *, explain below *attach schematic 7. FiII in the as -built section on the other side of this sheet. e 9 w # . ' 8. Attach the rating curve for the installed pump. " a r � { Attach photograph of well clearly showing the benchmark on the concrete : :0 ; 4,1 a�� , " y �p ` � pad, the well head, and the method of flow measurement. n k * , Well Owner: Same s Land Owner: KAWELA PARTNERS, LLC , fi� ` _ z' � - - -- , r�,p,, g'" ar e -T F k .'t { � � r £'� -' ; r : k °,� , y} Bob Hogan / David Thielen 11. 3055 Pualei Circle e � ^ � � y .,,�� Honolulu HI 96815 # A4':€4,;%'1,..2 4 N, y R 808 - 227 -4211 (Bob) , '-.3,4 � - - . `- . 1, , 'ump Installation Contractor (print) Rod Diamond C-57 /C -57a /A Lic. No. BC 23379 4triti signature Date 1 -15 -10 WWVCR2 Form 2/23/05 Page 1 of 2 7. AS - BUILT PUMP SECTION (Please attach as -twr7f if different from diagram provided below) Bench mark elevation s#rtvAyed to nearest 0.01 ft. = ft. mean sea Level • Elton of top of chase tube i ft. mean sea level F • { 4 iT1i \Hl ili ilj 1111�llll =llp - - n --- on e . I 1 � ► 160 I ` Pump intake depth = ft. { ` (referenced to bench mark) I I • I i i i i Chase tube depth = N/A ft {- . __.. _ ...._._ . (referenced to bench mark) I I 3 • 1 111111 I I . • a AIIIL t I I #airline installed, i I br�of airline elevation = I ft. mean sea level • • • WCR2 Fonn 223'D5 Page 2 of 2 DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII H I LO, HAWAII DATE: April 5, 2010 71testowadast TO: BJ Leithead Todd, Planning Director FROM: Department of Public Works SUBJECT: CHANGE OF ZONE APPLICATION (REZ 10- 000121) Applicant: Stephanie Dullum Request: A -40a to A -10a Tax Map Key: 4 -6 -11: 039 We have reviewed the subject application forwarded by your memo dated March 11, 2010 and offer the following comments for your consideration. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500 -year floodplain. Any earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. The proposed subdivision road(s) shall conform to Chapter 23, Subdivisions, of the Hawaii County Code. For areas intended for agricultural use, the applicant should consult with the Natural Resources Conservation Service (an agency of the U. S. Department of Agriculture) which works with the local Soil and Water Conservation Districts. Questions may be referred to Kelly Gomes at ext. 8327. r t . Planning Dept. Exhibit 2. ?arc Ct unty of Hawaii ie an Finial Onnnrt Prnvirier and Fmnlnver ,v WATER'' == SG P Q 10 1 1 .9. : Z 49) o Gy p�Q p DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII oF HAW po" 345 KEKUANAO`A STREET, SUITE 20 a HILO, HAWAII 96720 TELEPHONE (808) 961 -8050 a FAX (808) 961 -8657 April 14, 2010 TO: Ms. BJ Leithead -Todd, Planning Director k, Planning Department FROM: Milton D. Pavao, Manager SUBJECT: CHANGE OF ZONE APPLICATION (REZ 10- 000121) APPLICANT — STEPHANIE DULLUM REQUEST: A -40a TO A -10a TAX MAP KEY 4 -6- 011:039 We have reviewed the subject application and have the following comments and conditions. 1. Water availability in the area only allows for one (1) unit of water, or one (1) 5/8 -inch meter, per pre- existing lot of record. Please be informed that the applicant has paid for the installation of a 1 -inch service lateral to the parcel capable of accommodating one (1) 5/8 -inch meter, which is limited to an average daily usage of 400 gallons and suitable for only one (1) single - family dwelling. Water from the one 5/8 -inch meter shall not be shared with the other lots to provide potable water for the proposed subdivision. 2 Extensive water system improvements would be necessary to provide water from the Department's system for the proposed 6 -lot subdivision, which may include, but not be limited to, source development and transmission facilities. The estimated cost for such improvements may be up to $1,200,000. Currently funding is not available and no schedule is set for such improvements by the Department. 3. The Department's Water System Standards apply equally to both private and public water systems. A private water system for the proposed subdivision, designed and constructed in accordance with the Department's Water System Standards, would include two (2) wells of equal capacity, transmission waterlines, and an offsite 100,000 - gallon concrete reservoir. The estimated cost for such improvements may be up to $2,200,000. 4. The Department cannot comment as to the adequacy of the proposed private onsite water system as the system would not meet the Department's Water System Standards and is not intended to become part of the public water system. Planning Deb 5. The applicant should consult with the State of Hawai`i, Department of Land and Natural Exhibit,. 3 Resources, Commission on Water Resource Management as well as the State of Hawai`i, Department of Health for their requirements on the use of the onsite well for potable water use. ...Water, Our Most Precious Resource .. a Wai Kane .. . TI... ll.......iw.....l. ..i \I..L... C. •.....1..:.. .... C..:...I ll.......- 4...:L... -..�. . ::':.i . Ms. BJ Leithead Todd, Planning Director Page 2 April 14, 2010 Should there be any questions, please contact Mr. Finn McCall of our Water Resources and Planning Branch at 961 -8070, extension 255. Sincer 1, yours, Milto D. Pavao, P.E. d Man r FM:dfg copy - Sidney M. Fuke, Planning Consultant Stephanie Dullum � 7 � ` • 1 : 1 • 1 •.' ; William P. Kenoi ; *UV: , t ; Lono A. Tyson Mayor _ v • Director • William T. Takaba 0 ►re • of ...P* ' �' ' <} Ivan M. Torigoe Managing Director Deputy Director (I uunf�r tit � zl at DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo, Hawaii 96720 (808) 961 -8083 Fax (808) 961-8086 http: / /co.Hawai'i.hi.us /directory/dir envmng.htm MEMORANDUM Date : March 12, 2010 To : BJ LEITHEAD TODD, Planning Director From: LONO A. TYSON, Director WC Subject: Change of Zone Application (REZ 10- 000121) Applicant: Stephanie Dullum Request: A -40a to A -10a TMK: 4-6-11:39 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: D COA4/t4i..41 13 t Ow : WASTEWATER COMMENTS: (Contact Wastewater Division for details.) ( )F) 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 Department of Environmental Management ( "Director of DEM "), [ ] applicant shall conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. Applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require, which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief for details. Panning Dept. ( ) Other: Exhibit SOLID WASTE COMMENTS: (Contact Solid Waste Division for details.) ' n- �.m,a�� ( ) No comments (- Commercial operations, State and Federal agencies, religious entities and non-profit organizations may not use transfer stations for disposal. l t 14 ( ;.) Aggregates and any other construction/demolition waste should be responsibly reused to ;?,` •1f4 '� �,�; — .i its fullest extent. -- -- _e ( :) 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. Page 1 of 2 County of Hawai`i is an Equal Opportunity Provider and Employer. 12515 9(.,,,) Construction and demolition waste is prohibited at all County Transfer Stations. (3e) Submit Solid Waste Management Plan in accordance with attached guidelines. ( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. ( ) Other: cc: SWD, 12515 Page 2 of 2 County of Hawaii is an Equal Opportunity Provider and Employer. . ;�tYfOi N, • ' William P. Kenoi + „ - Lono A. Tyson • • Mayor -- r'�! Director �i•�' "•' ►`�. Ivan Torigoe •44 0 ;• Ml•� g Deputy Director C ZttI1 Pafixan 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 2 of 2 vehicle movements and associated routes that will be used to transport the waste and recycled materials. 4. The report will include identification of any impacts to County- operated waste management facilities, and the appropriate mitigation measures that will be implemented by the development to minimize these impacts. 5. Analysis will be based on the highest potential use or zoning of the development. REQUIREMENTS AND CONDITIONS 1. A solid waste management plan will be prepared for all commercial developments, as defined under the policies of the Department of Environmental Management, Solid Waste Division. 2. The Department of Environmental Management will require the developer to provide or resolve all recommendations and mitigation measures as outlined in the solid waste management plan; besides any conditions placed on the applicant herein. 3. A State of Hawaii licensed engineer will draft and certify in writing the solid waste management plan as complying with applicable Federal, State and County of Hawai'i solid waste laws, regulations, and administrative rules. Should you require additional information, please contact Michael Dworsky, P.E., Solid Waste Division Chief at 808 - 961 -8515. CONCUR: (A.w- A- . I r Lono A. Tyson DIRECTOR County of Hawai' i is an Equal Opportunity Provider and Employer. ` ;,t OF N, ,,, William P Kenoi : .; s •i;,,k Harry S. Kubojiri Mayor Police Chief •'TE OF M'�'_ Paul K. Ferreira County of Hawaii Deputy Police Chief POLICE DEPARTMENT 349 Kapiolani Street • Hilo, Hawaii 96720 -3998 (808) 935-3311 • Fax (808) 961 -8865 March 22, 2010 TO : BJ LE1 HE D T D, ACTING DEPUTY PLANNING DIRECTOR /q „rr �Jr �/C ./ FROM : DEREK D. PAC ECO, ASSISTANT POLICE CHIEF AREA I OPERATIONS SUBJECT: CHANGE OF ZONE APPLICATION (REZ 10- 000121) APPLICANT: STEPHANIE DULLUM REQUEST: A -40A to A -10A TAX MAP KEY: 4 -6 -11:39 Staff, upon reviewing the provided documents and visiting the proposed site, does not anticipate any significant impact to traffic and /or public safety concerns. Thank you for allowing us the opportunity to comment. If you have any questions, please contact Captain Randy Apele, Commander of the Hamakua District, at 775 -7533. RA:IIi Planning Dept. Exhibit S i_....... I SCANNED _ � i n "Hawai`i County is an Equal Opportunity Provider and Employer" • William P. Kenos % � ,, '; D l J. Oliveira Mayor a � y Fire Chief ''► Glen P. I. Honda 3 , . ... Deputy f=ire Chief (ouutp of athat `t HAWAI'I FIRE DEPARTMENT 25 Aupuni Street • Suite 2501 • Hilo, Hawaii 96720 (808) 932 -2900 • Fax (808) 932 -2928 March 17, 2010 TO: BJ LEITHEAD TODD, PLANNING DIRECTOR FROM: DARRYL OLIVEIRA, FIRE CHIEF SUBJECT: CHANGE OF ZONE APPLICATION (REZ 10- 000121) APPLICANT: STEPHANIE DULLUM REQUEST: A -40A TO A -10A TAX MAP KEY: 4 -6 -11:39 In regards to the above - mentioned Change of Zone application, the following shall be in accordance: Fire apparatus access roads shall be in accordance with UFC Section 10.207: "Fire Apparatus Access Roads "Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. "(b) Where Required. Fire apparatus access roads shall be required for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire department vehicle access as measured by an unobstructed route around the exterior of the building. "EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of this section may be modified. "2. When access roadways cannot be installed due to topography, waterways, nonnegotiable grades or other similar conditions, the chief may require additional fire protection as specified in Section 10.301 (b). Planning De � +y t i7 1 y!`4; Exhibit. li4d, 2 LI Lit; " tip Hawai'i County is an Equal Opportunity Provider and Employer. BJ Leithead Todd March 17, 2010 Page 2 "3. When there are not more than two Group R, Division 3 or Group M Occupancies, the requirements of this section may be modified, provided, in the opinion of the chief, fire- fighting or rescue operations would not be impaired. "More than one fire apparatus road may be required when it is determined by the chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. "For high -piled combustible storage, see Section 81.109. "(c) Width. The unobstructed width of a fire apparatus access road shall meet the requirements of the appropriate county jurisdiction. "(d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches. "EXCEPTION: Upon approval vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance. "(e) Permissible Modifications. Vertical clearances or widths required by this section may be increased when, in the opinion of the chief, vertical clearances or widths are not adequate to provide fire apparatus access. "(f) Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all - weather driving capabilities." (20 tons) . "(g) Turning Radius. The turning radius of a fire apparatus access road shall be as approved by the chief." (45 feet) "(h) Turnarounds. All dead -end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. "(i) Bridges. When a bridge is required to be used as access under this section, it shall be constructed and maintained in accordance with the applicable sections of the Building Code and using designed live loading sufficient to carry the imposed loads of fire apparatus. "(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief." (15 %) BJ Leithead Todd March 17, 2010 Page 3 "(k) Obstruction. The required width of any fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. "(1) Signs. When required by the fire chief, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both." Water supply shall be in accordance with UFC Section 10.301(c): "(c) Water Supply. An approved water supply capable of supplying required fire flow for fire protection shall be provided to all premises upon which buildings or portions of buildings are hereafter constructed, in accordance with the respective county water requirements. There shall be provided, when required by the chief, on -site fire hydrants and mains capable of supplying the required fire flow. "Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. "The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be protected as set forth by the respective county water requirements. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 10.207. 11 1 1 ARR OLIVEIRA ire Chief GA:lpc ,S 5 O F h,q_ LAURA H. THIELEN \1111' P y 5-;" . •L : CILAIRPERSON LINDA LINGLE , BOARD OF L.4�1) N Al D NATLR RESOURCES GOVERNOR OF HAWAII 3, i .. i '' ''''' r COMMISSION ON WATER RESOtRCE \..AOEMENT f /;%,.. f I \ � d � a a c VA o0. and and A/41,0 = w s ; 4, Qq. ®aPt0,,' ¢cam ` 7 9 F o tq STATE OF HAWAII ,� `=_ — DEPARTMENT OF LAND AND NATURAL RESOURCES ,\ 1 LAND DIVISION ,State0 POST OFFICE BOX 621 o f Hasz HONOLULU, HAWAII 96809 April 8, 2010 County of Hawaii Planning Department 101 Pauahi Street Suite 3 Hilo, Hawaii 96720 Attention: Mr. Jeff Darrow Ladies and Gentlemen: Subject: Change of Zone Application (REZ 10- 000121) -` Thank you for the opportunity to review and comment on the subject matter. The Department of Land and Natural Resources' (DLNR), Land Division distributed or made available a copy of your report pertaining to the subject matter to DLNR Divisions for their review and comment. Other than the comments from Engineering Division, the Department of Land and Natural Resources has no other comments to offer on the subject matter. Historic Preservation will be submitting comments through a separate letter. Should you have any questions, please feel free to call our office at 587 -0433. Thank you. Sincerely, O g d a �w .� �:�Morris M . Atta . A Administrator ,, ,, .-..s:. .: , 1 z Planning Dept. ,,, b : . \\\ , .,,,, r r.,.. r ,, , , , :• . Exhibit, 7 I r 4 i lli T . . n n. S_ :�. $ is _. , 't.E .o F „_Z. LAURA H. THIELEN LINDA LINGLE . \ 9 5 9 0 v (I IAIRPI R \ +N 'y \\ \ I / /// 131 VW1111.: \ - U\\ R: \I RF\(LR '1S GOVERNOR OF HAWAII � , VW t 1 ∎H l)IL. R‘tr, ",k T LI N Ol R(1 \I \t LW s - NI i IPA .it, II+ �_I o ` and and Nat P is 11 4 p STATE OF HAWAII r=_ DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION s tate ofH30 POST OFFICE BOX 621 HONOLULU, HAWAII 96809 March 19, 2010 MEMORANDUM 1-1:2-3 rw= = rn Ci Cx) I corn TO: DLNR Agencies: ';-, r- - . . c Div. of Aquatic Resources 'moo ;` _D : oa ' cean Recreation ' cc,po W = LS-! .4. C x Engineering Divisi CI) w - Div. of Forestry & Wildlife ea ! Div. of State Parks x Commission on Water Resource Management `1:: Office of Conservation & Coastal Lands n..1 — o. . -I _Land Division — lac- FROM: Morris M. AttaL 1 T1 SUBJECT: Change of Zone from A -40a to A -10a LOCATION: Island of Hawaii APPLICANT: Stephanie Dullum Transmitted for your review and comment on the above referenced document. We would appreciate your comments on this document. Please submit any comments by April 5, 2010. If no response is received by this date, we will assume your agency has no comments. If you have any questions about this request, please contact my office at 587 -0433. Thank you. Attachments ( ) We have no objections. ( ) We have no comments. ( ✓' Comments are attached. I Signed: ' ' 4 Date: 1/ DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LD /Morris M. Atta REF: Change of Zone from A -40a to A -10a, Kawela, Hamakua Hawaii.003 COMMENTS (X) We confirm that the project site, according to the Flood Insurance Rate Map (FIRM), is located in Flood Zone X. The National Flood Insurance Program does not have any regulations for developments within Zone X. ( Please take note that the remainder of the project site according to the Flood Insurance Rate Map (FIRM), is located in Zones _ () Please note that the correct Flood Zone Designation for the project site according to the Flood Insurance Rate Map (FIRM) is . () Please note that the project site must comply with the rules and regulations of the National Flood Insurance Program (NFIP) presented in Title 44 of the Code of Federal Regulations (44CFR), whenever development within a Special Flood Hazard Area is undertaken. If there are any questions, please contact the State NFIP Coordinator, Ms. Carol Tyau -Beam, of the Department of Land and Natural Resources, Engineering Division at (808) 587 -0267. Please be advised that 44CFR indicates the minimum standards set forth by the NFIP. Your Community's local flood ordinance may prove to be more restrictive and thus take precedence over the minimum NFIP standards. If there are questions regarding the local flood ordinances, please contact the applicable County NFIP Coordinators below: () Mr. Robert Sumitomo at (808) 768 -8097 or Mr. Mario Siu Li at (808) 768 -8098 of the City and County of Honolulu, Department of Planning and Permitting. () Mr. Frank DeMarco at (808) 961 -8042 of the County of Hawaii, Department of Public Works. () Mr. Francis Cerizo at (808) 270 -7771 of the County of Maui, Department of Planning. () Mr. Mario Antonio at (808) 241 -6620 of the County of Kauai, Department of Public Works. () The applicant should include project water demands and infrastructure required to meet water demands. Please note that the implementation of any State - sponsored projects requiring water service from the Honolulu Board of Water Supply system must first obtain water allocation credits from the Engineering Division before it can receive a building permit and /or water meter. () The applicant should provide the water demands and calculations to the Engineering Division so it can be included in the State Water Projects Plan Update. () Additional Comments: () Other: Should you have any questions, please call Mr. Dennis Imada of the Planning Branch at 587 -0257. Signed: j CRT S. H G CTING CHIEF ENGINEER Date: e LAURA H. THIELEN I _ 9- Q o' y- --- CHAIRPERSON LINDA LINGLE�' , ""'+.. BOARD OF LAND AND NATURAL RESOURCES GOVERNOR OF HAWAII y ;+ 19 59 ' '%.' COMMISSION ON WATER RESOURCE MANAGEMENT jf } RUSSELL Y. TSUJI J • , FIRST DEP 41.04 D _ S V . KEN C. KAWAHARA 1i,,Y DEPUTY DIRECTOR - WATER a;w.a. ,'SF t ` ` `�." .. '' AQUATIC RESOURCES QQ BOATING AND OCEAN RECREATION y' � .�i iX Y _ .„ BUREAU OF CONVEYANCES d y ` ---.�_ COMMISSION ON WATER RESOURCE MANAGEMENT II CONSERVATION AND COASTAL LANDS STATE OF HAWAII CONSERVATION AND RESOURCES ENFORCEMENT ?.". ENGINEERING a� DEPARTMENT OF LAND AND NATURAL RESOURCES NSTOR 9 A^ofH w � KAHOOLAWE ISLAND RESERVE COMMISSION LAND STATE HISTORIC PRESERVATION DIVISION STATE PARKS 601 KAMOKILA BOULEVARD, ROOM 555 KAPOLEI, HAWAII 96707 April 19, 2010 BJ Leithead Todd, Director LOG NO: 2010.0895 County of Hawaii Planning Department DOC NO: 1004MD18 101 Pauahi 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- 000121) Kawela Ahupua`a, Hamakua District, Island of Hawaii TMK: (3) 4 -6- 011:039 Thank you for the opportunity to comment on the aforementioned project, which we received on March 15, 2010. We apologize for the delay in our reply. The applicant, Stephanie Dullum, is requesting a change from A -40a to A -10a for this 71 -acre parcel, with the intent of subdividing it into six lots. A search of our records found that no archaeological inventory survey has been conducted on this parcel. Because historic properties in this area are known to exist (from both pre- Contact and historic -era times) we are recommending that an archaeological inventory survey be conducted by a qualified archaeologist for our review and approval. 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, „ a 7 ' Pla nning Dept. Nancy McMahon, Deputy SHPO /State Archaeologist Q and Historic Preservation Manager Exhibit O State Historic Preservation Division Li _ , LINDA LINGLE , CHIYOME L. FUKINO, M.D. GOVERNOR Director of Health ; -4CT 1 iktr Otif4 I 7 M 9: 110 STATE OF HAWAIr DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: March 15, 2010 TO: Bobby Jean Leithead Todd Planning Director, County of Hawaii FROM: Newton Inouye ItY Acting District Environmental Health Program Chief • SUBJECT: Change of Zone Application (REZ 10-000121) Applicant: Stephanie Dullum Request: A-40a to A-10a Tax Map Key: 4-6-11:39 The submittals for the subject development have been transmitted to our Environmental Management programs for their coordinated review and comments. Upon receipt of their reply, their comments will be forwarded to your office. WORD:REZ 10-000121.my Planning Dept. SCANNEol MAR 17 2010 B j 7 C +_ G , tti.��R ( . - MAR 3 0 2 010'rij: E CF M LINDA LINGLE ,' � 4 � GOVERNOR OF HAWAII s , CHIYOME L. FUKINO, M.D. 4 �Y ( DIRECTOR OF HEALTH STATE OF HAWAII DEPARTMENT OF HEALTH n reply, please refer to: P..O.BOX 3378 EMD /SDWB HONOLULU, HAWAII 96801 -3378 March 24, 2010 To: Newton Inouye Acting District Environmental Health Program Chief From: Stuart Yamada, P.E., Chief Safe Drinking Water Branch SUBJECT: CHANGE OF ZONING APPLICATION (REZ 10- 000121) APPLICANT: STEPHANIE DULLUM REQUEST: A -40A TO A -10A KAWELA, HAMAKUA, HAWAII TAX MAP KEY: (3)4 -6 -11:39 The Safe Drinking Water Branch has reviewed the subject document. We understand the following statements to represent the applicant's intentions: • The existing 71+ acre area is to be subdivided into 6 lots of 10+ acres each. • Only one dwelling is planned in the short -term and more homes are expected to be gradually constructed on each lot. • A single County DWS meter is available to serve one lot. • In addition, water service (potable, irrigation and fire protection) for all of the proposed lots is expected to be supplied by a privately- developed water system consisting of a single well (est. 42 gpm capacity), minimum 30,000 gallon storage tank, and transmission and distribution system piping up to a meter at each lot's property line. No water demand calculations are provided to allow the Department of Health to verify the ' sizing of this infrastructure. • Each lot will be assessed a connection fee and will be charged for volume consumed based on a water rate. • The system will be operated and maintained by a cooperative water company established by the Applicant. • The proposed system does not meet Subdivision Code relating to Hawaii DWS requirements for private water systems, i.e., a backup well is required. Only one well was drilled in this case. The Applicant is hoping for a favorable condition in the actual rezoning action to get around this requirement. S CANNEE07 0 ffErt By: Mr. Newton Inouye March 24, 2010 Page 2 From the limited information provided in the application, it would appear that this project will create a new public water system. With one or more dwellings on each of the six lots and additional workers associated with various agricultural operations, the water system could easily serve 25 or more persons or have 15 or more service connections. Such a water system would be subject to compliance with the federal Safe Drinking Water Act and Hawaii Administrative Rules, Title 11, Chapter 20, "Rules Relating to Potable Water Systems" (HAR 11 -20). The following comments highlight some of the major requirements of these rules. 1. HAR 11 -20 -29.5 requires all new public water systems to demonstrate and meet minimum capacity requirements prior to their construction and establishment. Basically, all new community (probable classification of this water system) public water systems must demonstrate adequate technical, managerial, and financial capacity to reliably and consistently produce and deliver drinking water in compliance with all state and federal drinking water regulations, in effect or likely to be in effect when operations begin. The capacity evaluation procedure for a new public water system is a two step process requiring approvals to begin construction and then prior to use or start -up after construction is completed. • Technical capacity refers to the physical infrastructure of the water system, including but not limited to the adequacy of the water source(s) (based on the Hawaii Department of Water Supply's water system standards and should meet the average daily and peak water usage demands), treatment, storage, and distribution systems, and the ability of system personnel to adequately operate and maintain the system and to otherwise implement technical knowledge. It is important to note that the construction plans for the water system should specify construction and materials that meet the Hawaii Department of Water Supply's water system standards and the National Sanitation Foundation (NSF) standards, as applicable. • Managerial capacity refers to the ability of the water system to manage itself, including clear ownership, organization, communications, accountability, adequate management, staffing, policies, training, and information management; and effective relationships with customers and regulatory agencies. Mr. Newton Inouye March 24, 2010 Page 3 • Financial capacity refers to the financial resources of the water system, including an adequate budget, adequate fiscal controls, and credit worthiness. 2. Projects that propose development of new sources of drinking water serving or proposed to serve a public water system must comply with the terms of HAR 11- 20 -29. This section requires that all new public water system sources be approved by the Director of Health prior to its use. Such approval is based primarily upon the submission of a satisfactory engineering report which addresses the requirements set in this section. The engineering report must identify all potential sources of contamination and evaluate alternative control measures which could be implemented to reduce or eliminate the potential for contamination, including treatment of the water source. In addition, water quality analyses for all regulated contaminants, performed by a laboratory certified by the State Laboratories Division of the State of Hawaii, must be submitted as part of the report to demonstrate compliance with all drinking water standards. Additional parameters may be required by the Director for this submittal or additional tests required upon his or her review of the information submitted. 3. All public water system sources must undergo a source water assessment which will delineate a source water protection area. This process is preliminary to the creation of a source water protection plan for that source and activities which will take place to protect the source of drinking water. 4. It is clear that the water system will need to provide water for consumptive use for residents and workers as well as irrigation and other agricultural needs. The drinking water system must be carefully designed, operated and maintained to prevent cross - connections and backflow conditions. Agricultural water use will need to be physically separated by air gaps or reduced pressure principle backflow preventers to avoid contaminating the drinking water supply. 5. All public water system must be operated by certified distribution system and water treatment plant operators as defined by HAR 11 -25, "Rules Relating to Certification of Public Water System Operators." 6. All projects which propose the establishment of a potentially contaminating activity (as identified in the Hawaii Source Water Mr. Newton Inouye March 24, 2010 Page 4 Assessment Plan) within the source water protection area of an existing source of water for a public water system should address this potential, and activities that will be implemented to prevent or reduce the potential for contamination of the drinking water source. Thank you for the opportunity to provide comments on this application. If you have any questions, please call Michael Miyahira or Stuart Yamada at (808) 586 -4258. MM:slm c: Theresa McGeehan - Takiue, East Hawaii EHS SidneyFuke, Planning Consultant _ 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 • Planning • Variance • Zoning Telephone: (808) 969 -1522 • Fax: (808) 969 -7996 • Subdivision • Land Use Permits E -mail: sidfuke @hawaiiantel.net • Environmental Reports March 29, 2010 7 Ms. BJ Leithead Todd, Director Planning Department COUNTY OF HAWAI'I 101 Pauahi Street Hilo, HI 96720 Dear Ms. Leithead Todd: Subject: Rezoning Request (REZ 10- 000121) — Stephanie Dullum Hamakua, Hawai i, TMK: 4 -6 -011: 039 Thank you for providing me with agency comments to date regarding the subject matter. In response to those comments, we note the following: a. Police Department: The Department did "not anticipate any significant impact to traffic and/or public safety concerns." b. Department of Environmental Management: Its wastewater division did not offer any comments. Relative to solid waste, during the course of preparing the land for this project, the applicant intends to retain as much of the material on the property. This should thus minimize disposal at any of the approved disposal sites. Given the proposed number of additional lots (5) plus the nature of the existing (cattle grazing) and proposed (equestrian and possible agricultural plantings) uses, a Solid Waste Management Plan may not be necessary. However, if one were required, the applicant will comply. c. Fire Department: The requirements on fire access, hydrants, and related fire protective measures will be specifically addressed and complied with in conjunction with the subdivision approval process. Please note that as the comments and responses did not appear to require further dialogue, a copy of this letter was not provided to those agencies. Should there be further questions/comments on this matter, please feel free to contact me. Thank you very much. Sincerely, \ 1) C\P )VV SIDNEY M. FUKE Planning Dept. Planning Consultant Copy — Ms. Stephanie Dullum w/ enclosures via email SCANNED tsd SidneyFuke, ig Consultant Amir7rw 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 1 • Planning •variance • Zoning Telephone: (808) 969 -1522 •Fax: (808) 969 -7996 • Subdivision • Land Use Permits E-mail: sidfuke @hawaiiantel.net • Environmental Reports April 9, 201 l APP PJ 12: 1 o ,s r -_• 0 Ms. BJ Leithead Todd, Director Planning Department COUNTY OF HAWAI'I 101 Pauahi Street Hilo, HI 96720 Dear Ms. Leithead Todd: Subject: Rezoning Request (REZ 10- 000121) — Stephanie Dullum Hamakua, Hawaii, TMK: 4 -6 -011: 039 Thank you for providing me with agency comments to date regarding the subject matter. In response to those comments, we note the following: a. Department of Public Works: The Department correctly noted that the Flood designation is "X ", areas outside the 500 -year floodplain. The applicant is aware of the grading/grubbing permitting requirements and will adhere to them. Relative to the road, please note that the applicant intends to have these roads constructed to private agricultural standards and has no intention of dedicating these roads. The applicant intends to continue its discussion not only with the Natural Resources Conservation Service but also the UH Agricultural Extension Service regarding its planned farming activities. b. Department of Health: The applicant intends to provide the water demand calculations to the Department of Health (and if appropriate, the County Department of Water Supply) so that the sizing of the infrastructure can be determined. Please be informed that the applicant has no intention of creating a new public water system. It is intended to be privately owned and operated by all 6 lot owners. There would be no more than 6 service connections, and given the average household of 4, the number of individuals being serviced by this system would be 24. No additional farm dwellings are contemplated on each of the proposed lots. Based on that, it is our understanding that the system need not be governed by a public water system which would be subject to the Public Utilities Commission relative to rates and the like and the standards and requirements outlined by the Health Department. Notwithstanding the above, the applicant intends to continue this discussion further with the Health Department to clarify its intention. At the end of the day, should the system be required to comply with the requirements outlined by the Department, they will be adhered to by the applicant. CANNED 4 rs . .� > nm Ms. BJ Leithead Todd, Director April 9, 2010 Page 2 Should there be further questions /comments on this matter, please feel free to contact me. Thank you very much. Sin erely, SID *KE Planning Consultant Copy — Ms. Stephanie Dullum w/ enclosures via email SidneyFuke, Planning Consultant rLAW,,,,ri P. ' , # 1, f .. ,1T 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 r n' m . - r';,. • . t ! • Planning • Variance •Zoning Telephone: (808) 969 -1522 • Fax: (808) 969 -7996 • Subdivision • Land Use Permits E -mail: sidfuke@hawaiiantel.net ,tn • Environmental Reports PR 30 P1 2: 26 April 29, 2010 Ms. BJ Leithead Todd, Director Planning Department COUNTY OF HAWAI'I 101 Pauahi Street Hilo, HI 96720 Dear Ms. Leithead Todd: Subject: Rezoning Request (REZ 10- 000121) — Stephanie Dullum Hamakua, Hawaii' i, TMK: 4 -6 -011: 039 Thank you for providing me with agency comments to date regarding the subject matter. In response to those comments, we note the following: a. The State Department of Land and Natural Resources — Engineering Division, like the County Department of Public Works, noted that the Flood Insurance Rate designation is "X ", areas outside the 500 -year floodplain. b. The State Department of Land and Natural Resources — Historic Preservation Division requested that an archaeological inventory survey be conducted of the site. As the applicant and previous owner have been using this site for cattle grazing for over 80 years and does not have any immediate plans to grade or grub the property, the applicant requests that the survey be provided prior to issuance of any land disturbance permit. c. The County Department of Water Supply ( "DWS ") noted that there is only one (1) unit of water available from its system. As such, water cannot be made available for the proposed additional five (5) lots, without extensive water system improvements to its system. For a private system, however, these improvements would include the construction of two (2) wells of equal capacity, transmission water lines, and an oil site 100,000 gallon concrete reservoir, which may approximate $2.2 million. As noted in the application, the applicant already has expended funds to construct an on -site water well that already yields potable water. It also intends to construct storage a minimum 30,000 gallon tank on the site to address both potable and fire protection purposes. Although the location of the tank may not meet DWS's elevational requirement, the applicant intends to address this through a system of pumps rather than relying exclusively on gravity to achieve the desired level of pressure to store the water and then transmitted to the users. Furthermore, the size and material of the 0628 Ms. BJ Leithead Todd, Director April 29, 2010 Page 2 transmission lines and related appurtenances from the on -site well to the proposed lots are intended to be consistent with DWS' standards. It should be noted that the applicant's proposed private water system is not reliant on a catchment system for which variances are typically sought. The proposed system will consist of a proven well and a storage tank, which would be a much more reliable source of potable water than the catchment system. While adequate for the purpose of the five (5) additional agricultural lots, the proposed system would still not meet with the DWS' standards of a second well and an off-site 100,000 gallon reservoir tank, both of which are not only extremely expensive (over $2 million) but quite excessive for five (5) more agricultural lots that are geared for the families of the applicant. The Subdivision Code provides accommodation for lesser standard roads where the roads are private and where the number of lots is less than six (6). The DWS Rules and Regulations, however, do not have such provisions. Given that situation, the DWS understandably does not want to be responsible in the review, inspection, and acceptance of any private system that does not meet with its standards. In that regard, the applicant would have no objections to having the plans designed by a licensed engineer in accordance with the limitations noted above and submitted to your office in conjunction with the subdivision process. A report to assure that the source can generate 42 gallons per minute over a 6 -hour period (which translates to 15,000 gpd) can also be submitted. Its construction can also be supervised by the engineer, with a completion report filed to your office by the engineer. Such an approach, we believe, is reasonable, and at the end of the day, the private water system will be sufficient and reliant enough to accommodate the project without causing any undue public burden. We trust that the comments have addressed comments to date. Should there be further questions /comments on this matter, please feel free to contact me. Thank you very much. (oiss in erely, i hl\i\I V SIDNEY M. FUKE Planning Consultant Copy — Ms. Stephanie Dullum w/ enclosures via email SidneyFuke, Planning Consultant Pti��,. -.: ��, .,., d 100 Pauahi Street, Suite 212 •Hilo, Hawaii 96720 Telephone: • Planning • Variance • Zoning hone: 808 969 - 1522 • Fax: (808) 969 - 7996 3 P (808) ) • Subdivision • Land Use Permits E-mail: sidfuke @hawaiiantel.net • Environmental Reports May 27, 2.6f6 LtI 27 Pii I: 22 Ms. BJ Leithead Todd, Director Planning Department COUNTY OF HAWAI'I 101 Pauahi Street Hilo, HI 96720 Dear Ms. Leithead Todd: Subject: Rezoning Request (REZ 10- 000121) — Stephanie Dullum Hamakua, Hawai i, TMK: 4 -6 -011: 039 Thank you for meeting with me to go over the private water requirements for the subject application. Pursuant to that meeting, I have drafted the attached language for your consideration. Please note that this was also discussed with Mr. Kurt Inaba of the Department of Water Supply, who did not appear to have any objections or significant concern with it. Based on the proposed amendment, potable water for the project would be provided both from the County Department of Water Supply ( "DWS ") and a private system to be developed by the applicant and subsequently owned and maintained by the affected homeowners. Specifically, one of the lots would have access to the DWS' system. The remaining lots would utilize a private system. For the private system, two (2) wells would be constructed, which, in concept, would be consistent with DWS' policy of having a basic and backup well. A minimum 6,000 gallons per day ( "gpd ") capacity for each well was used. The DWS establishes 600 gpd for each unit. Based on that, a minimum of 3,000 gpd (600 gpd x 5 lots) would be needed. However, to assure further protection, this was doubled to 6,000 gpd. Likewise, each well would have its own minimum 15,000 gallon reservoir or storage tank. In the event one well goes down, the back up well and the two reservoirs would be available to service the lots. Additionally, the required transmission system and appropriate pumps would have to be constructed. As the DWS does not review, approve, inspect, or maintain private well systems, there is a requirement that the plans be prepared by a licensed engineer. The construction must also be supervised and inspected by a licensed engineer as well. A report of the construction design and a list of any deviations from either the DWS or American Association of Water Works standards must be filed with the Planning Department and the DWS. Furthermore, a system completion report must also be filed with your office and the DWS. • Oc37i.4 PROPOSED WATER CONDITION — STEPHANIE DULLUM As may be applicable, water commitment payment shall be made 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 improvements (including but not limited to installation of a service lateral to accommodate a 5/8 -inch meter for one of the proposed lots) and remit, as may be needed, the prevailing facilities charge, as determined by the Department of Water Supply. All relevant improvements shall be completed prior to receipt of Final Subdivision Approval. Furthermore, water from this meter shall not be shared with the other proposed lots for potable water purposes. Additionally, for those lot or lots not being serviced by the Depattment of Water Supply, the applicant shall provide a private potable water system consisting of the following: a. two (2) potable wells, each capable of generating a minimum 6,000 gallons per day. A report prepared by an engineer licensed in the State of Hawai' i attesting to the quality and capacity of these wells shall be provided to the Planning Department in conjunction with the subdivision application; b. a minimum 15,000 gallon storage tank to service each of the two (2) wells; and c. a water transmission system, pumps, and related appurtenances to service all lots on the system. An engineer licensed in the State of Hawai' i shall design and prepare the construction plan of the private water system. This plan, together with a written report describing the water system as well as identifying the specific areas — including construction material — where the system differs from either the Department of Water Supply's Rules and Regulations or the American Water Works Association standards shall be provided to the Planning Department and Department of Water Supply. The licensed engineer shall also supervise the construction of the private water system and, upon completion, provide a written report to the Planning Department and Department of Water Supply. An agreement shall be filed with the Planning Department for review and acceptance and eventual recordation with the State Bureau of Conveyances. The agreement shall acknowledge the owner(s) of all lots utilizing the private water system that potable water from the Department of Water Supply's system is currently not available; and that the Department of Water Supply Is not obligated to nor will bear the responsibility of supplying public water to those lots on the private system. The water requirement of the Subdivision Code shall be deemed fulfilled, without the need of a variance, upon submittal of the licensed engineer's private water system completion report and the Planning Department's acceptance of the agreement. RDullum- REZ10- 121 .jwd 06 -24 -10 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION STEPHANIE DULLUM CHANGE OF ZONE APPLICATION (REZ 10 -121) Upon careful review of the request, the Planning Director is recommending that a favorable recommendation for the Change of Zone request from an Agricultural 20 -acre (A -40a) to an Agricultural 10 -acre (A -10a) district for 71.178 acres 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 position based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant has submitted a Change of Zone from Agricultural 40 -acre (A -40a) to Agricultural 10 -acre (A -10a) for 71.178 acres to subdivide the property into six (6) lots ranging from approximately 10 to 15 acres in size. The reasons for the request are to provide lots for the respective family members of the landowners, while keeping the land for pastoral and/or equestrian use. The plans call for having the land being subdivided by mid 2011 and the estimated cost of improvements would be between $750,000 and $1 million. 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 a comprehensive policy analysis approach that evaluations and decisions can be made to better time or stage developments to achieve quality growth. The implications of these evaluations and decisions must also be considered as they may have an impact on other similar areas in the County. The proposed change of zone from an Agricultural (A -40a) to an Agricultural (A -10a) zoned district will conform to, among others, the goals, policies and standards of the Land Use, Economic and Agricultural General Plan Elements and the General Plan LUPAG Map: The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals -1- • and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non -urban form for areas within the County. The proposed request conforms to the LUPAG Map, which designates the property as Important Agricultural Land. Important agricultural lands are those lands with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors. Soils within the property are identified as Honokaa silty clay loam, low elevation, 10 to 20 percent slopes (HsD). The Land Study Bureau's Detailed Land Classification System identifies soils on the property as "D" or "Poor" for agricultural productivity. The ALISH System classifies the subject property as being on the boundary of the Hamakua Forest Reserve. The properties outside of the reserve near the subject property are classified as Other Important Agricultural Lands and Prime Agricultural Lands under the ALISH System. As the applicant is proposing to keep the land for pastoral and/or equestrian use, the request will be consistent with the General Plan. The request also conforms to the Northeast Hawai`i Community Development Plan Land Use Concept Map, which designates this area for agricultural uses. The proposed change of zone will conform to, among others, the goals, policies and standards of the Land Use, Economic and Agricultural General Plan Elements: Land Use • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. Economic • Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. -2- • Economic development and improvement shall be in balance with the physical, social and cultural environments of the island of Hawai`i. • Provide an economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural and social environment. Agricultural • Identify, protect and maintain important agriculture lands on the island of Hawai`i. • Preserve the agricultural character of the island. • Preserve and enhance opportunities for the expansion of Hawai`i's Agricultural Industry. Therefore, based on the above information, the proposed request is consistent with the goals, policies and standards of the General Plan, the General Plan LUPAG map designation for the property and the Northeast Hawai`i Community Development Plan. The proposed request will result in a more appropriate land use pattern that will further the public necessity and convenience and the general welfare. When considering an amendment initiated by a property owner or other person who proposes to change the district classification of any property, the director shall also consider the purposes of the existing and proposed district and the purposes of the Zoning Code and shall recommend a change in a district boundary only where it would result in a more appropriate land use pattern that will further the public necessity and convenience and the general welfare. In considering the purpose of the existing and the proposed district classification, the proposed request is not changing the district classification of the property, which is Agriculture, but is requesting to change the density from a minimum lot size of 40 acres (A -40a) to allow a minimum lot size of 10 acres (A -10a). If approved, the approximate 71 -acre property will be able to be subdivided into 6 lots ranging size from 10 to 15 acres. The zoned district classification will remain Agriculture and the purposes of the existing district classification will remain the same. -3- For the purpose of promoting health, safety, morals, or the general welfare of the County, the Zoning Code regulates and restricts the height, size of buildings, and other structures, the percentage of a building site that may be occupied, off - street parking, setbacks, size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes. In considering the purposes of the Zoning Code in relation to the proposed request, the approval of the request will result in a higher density. If approved, the applicant could build additional dwellings on each newly created lot, resulting in an increase in the overall unit density within the project site. The Planning Director supports this rezoning request, but only on the condition of allowing one dwelling on each lot. Therefore, a condition will be included in the change of zone ordinance to prohibit a second dwelling unit and /or a condominium property regime on each lot. In considering the request in relation to the surrounding zoning, the request will result in an appropriate land use pattern as the property borders a large area of land zoned A -5a to the east, which allows for a higher density than the proposed request. Based on the above information, the proposed request will result in a more appropriate land use pattern that will further the public necessity and convenience, and the general welfare of the County. The proposed request will not burden public agencies to provide utilities and services to the subject property. Access to the property is proposed to be from the Hawai`i Belt Road, which is a State owned and maintained roadway with a 24 -foot pavement within an approximate 100 -foot right -of -way. The applicant is proposing to construct a 20 -foot wide agricultural standard paved road within a 50 -foot wide right -of- way on the subject property for access to the individual lots. County water is available for only one of the proposed six (6) lots. The applicant is proposing to construct a private well system for potable, fire protection, and irrigation purposes to provide water for the additional five (5) lots. Solid waste will be handled by the individual lot owners hauling to the authorized landfill sites or transfer stations. -4- Electricity and telephone are available to the site. The applicant is also proposing to use solar photovoltaic systems to supplement its power needs. Police and fire facilities are located in Honokaa, which is approximately 3 miles from the subject property. Discussion Regarding the Proposal of a Private Water System Instead a Public Water System for this Change of Zone Request. Section 25- 2 -46(m) (Concurrency) of the Zoning Code states "A change of zone application shall not be granted unless: (1) the department of water supply has determined that it can meet the water requirements of the project and issue water commitments using its existing system; or (2) specific improvements to the existing public water system, or a private water system equivalent to the requirements of the department of water supply will be provided to meet the water needs of the project and conditions of zoning delay occupancy until the necessary improvements are actually constructed." The applicant's proposed private water system will not meet the requirements of the Department of Water Supply for a private water system. The property is currently eligible for one (1) County water meter. Additional meters can be obtained from the Department of Water Supply with extensive water system improvements, which may include source development and transmission facilities estimated to cost up to $1.2 million. There is also the option of creating a private water system designed and constructed in accordance with the Department of Water Supply's Water System Standards, which would include two (2) wells of equal capacity (3,000 gpd per well), transmission waterlines, and an off -site 100,000 - gallon concrete reservoir. The estimated cost for the private water system improvements may be up to $2.2 million. Instead of implementing one of the above options, which meets concurrency requirements, the applicant proposes to develop a private water system that does not meet the DWS Water System Standards. Their proposal consists of installing two (2) wells that will provide 6,000 gpd per well, which is double the DWS requirement of 3,000 gallons per day (gpd), transmission waterlines, and a 15,000- gallon reservoir or storage tank for each of the two (2) wells totaling 30,000 gallons of water stored onsite. The main difference of the applicant's private water system versus a private water system approved by the Department of Water Supply is that the applicant is proposing to -5- have a 15,000- gallon reservoir or storage tank for each of the two (2) wells (30,000 gallons total) onsite, instead of the required 100,000 - gallon reservoir to be located offsite. The standards for the Department of Water Supply require a 100,000 - gallon concrete reservoir to be located offsite at an elevation of 100 -feet above the highest portion of the subject property. The reason for this requirement is to have the water pumped from the well to the 100,000- gallon reservoir, which is located at a higher elevation, and then to allow the water to work as a gravity flow system to the individual lots. This saves electrical costs associated with a pump system because water is only pumped to the main reservoir tank instead of being pumped to each of the individual lots. Additionally, the gravity flow system will work as a backup system in the event of damage to the system or a power outage. The gravity flow system will continue to work for a day or two until power is restored or necessary repairs can be made. The applicant is proposing to store water within two (2) 15,000- gallon tanks located onsite and use a pump system to service the individual lots. The Department of Health -Safe Drinking Water Branch also oversees new public water systems. They define a new public water system as a system that serves 25 or more persons, or has 15 or more service connections. Based on the information provided in the application, the Department of Health believes that this system may service 25 or more persons, and therefore would be considered a new public water system. This would include people who live and work on the proposed six (6) lots, including farm workers for agriculture or people associated with the pastoral and/or equestrian use of the property. As such, the applicant will be required to comply with the state and federal requirements for a new public water system, which are explained within the Department of Health -Safe Drinking Water Branch's comment letter. A condition of approval could be considered requiring the applicant not to service more than 25 persons with their private water system to ensure that they do not trigger the state and federal requirements for a new public water system, but such a condition would be difficult to enforce. Therefore, the Planning Director is recommending that a standard condition be added requiring the applicant to comply with the requirements of the Department of Health -Safe Drinking Water Branch for the proposed water system. -6- The Planning Director is bringing this matter for discussion to the Planning Commission and the Hawai`i County Council mainly because of the costs involved for an applicant to create a private water system meeting with the approval of the Department of Water Supply or improving the existing County water system if County water is not available to the applicant's property. As mentioned above, the cost to improve the existing County water system to provide County water to the subject property may be up to $1.2 million. Additionally, the cost for a private water system designed and constructed in accordance with the Department of Water Supply's Water System Standards may be up to $2.2 million. These excessive costs to bring water to the property basically prevent any opportunity for the applicant, and other residents, to consider a change of zone for their property. The concurrency law within the Zoning Code states that a change of zone cannot be granted unless either County water is available for the proposed lots, or upgrades to the existing County water system are done to bring County water to the proposed lots, or a private water system equivalent to the requirements of the Department of Water Supply is constructed to meet the water needs of the project. As discussed above, if County water is not available for the project, the cost to provide water to the project will be excessive. There are no reasonable options to provide water for smaller projects that may result in fewer lots, such as the proposed request. The applicant is proposing to create a private water system that does not meet all of the criteria for approval by the Department of Water Supply, but does meet some of their requirements. The applicant has drafted language for conditions relating to water that will be incorporated into the proposed conditions of approval, except for the request to deem the water requirement of the Subdivision Code to be fulfilled. The applicant will still be required to apply for a water variance for the proposed subdivision. The Planning Director is recommending that the Planning Commission send a favorable recommendation of this change of zone request to the Hawai`i County Council along with the proposed water standards rather than those required under the concurrency law. The reason for the request is to_have the Hawai`i County Council consider a change in the concurrency law to allow an option for smaller rezones to provide a private water -7- system similar to the applicant's proposal, but which does not meet the highest standard as required in the law. There is no severe geological or topographical problem for the property that cannot be properly rectified or which would render the land unusable. According to the Flood Insurance Rate Map (FIRM) prepared by the Federal Emergency Management Agency (FEMA), the property is within Zone X, area determined to be outside the 500 -year flood plain. The property is also located outside of any tsunami inundation area. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is not situated within the Special Management Area. It is located approximately 3 miles from the nearest coastline and will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources, historic resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the area. Thus, the proposed request and use of the property will not adversely impact those resources. It is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject property because the property was previously utilized for sugar cane cultivation and ranching. Presently, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of known valued cultural, historical or native resources in the area. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. 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 or botanical study was included in the application. -8- The valued cultural, historical, and natural resources found in the rezoning area. As the site was used extensively for cattle grazing in the past, it is unlikely that there are any valued cultural, historical, and natural resources to be found in the rezoning area. Possible adverse effect or impairment of valued resources: There is no evidence of any possible adverse effects or impairments will occur to any valued resources. Feasible actions to protect native Hawaiian rights: The Department of Land and Natural Resources -State Historic Preservation Division commented that a search of their records found that no archaeological inventory survey has been conducted of the subject parcel. Because historic properties in this area are known to exist (from both pre - Contact and historic -era times, DLNR -SHPD is recommending that an archaeological inventory survey be conducted by a qualified archaeologist for their review and approval. a condition of approval will be added requiring the applicant to submit and receive approval of an archaeological inventory survey to the DLNR -SHPD prior to the issuance of any land alteration permits or the submittal of plans for Final Subdivision Approval, whichever occurs first. Additionally, a condition of approval will be added for the protection of inadvertent finds should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered. The applicant shall be required to cease work in the immediate area and contact the Department of Land and Natural Resources — State Historic Preservation Division (DLNR -HPD). Subsequent work shall proceed upon an archaeological clearance from DLNR -HPD when it finds that sufficient mitigation measures have been taken. Based on the above findings, the above request to reclassify the subject property would result in an appropriate land use pattern. The accompanying draft bill to amend Section 25 -8 -16 (Hamakua District Homestead Zone Map) is provided for your favorable consideration. Please note the proposed conditions of approval are attached to the draft bill. -9- •. OJ �tY I OF h�� . . 7 COUNTY OF HAWAII - •• �'efi' STATE OF HAWAII BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25 -8 -16 (HAMAKUA DISTRICT HOMESTEAD AREA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL — FORTY ACRES (A -40a) TO AGRICULTURAL — TEN ACRES (A-1 0a) AT KAWELA, HAMAKUA, HAWAII, COVERED BY TAX MAP KEY: 4 -6- 011:039. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25 -8 -16, Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005 Edition), are amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Kawela, Hamakua, Hawai`i, shall be Agricultural — Ten Acres (A -10a): Beginning at a %2 inch pipe, at the southeast corner of this parcel of land, being also the northwest corner of the intersection of Hawai`i Belt Road (F.A.P. No. F -019 -1 (1) and Homestead Road Reserve, the coordinates of which referred to Government Survey Triangulation Station "KUILEI" being 5969.18 feet south and 2019.44 feet west and running by azimuths measured clockwise from true South: Thence along the north side of Hawai`i Belt Road (F.A.P. No. F -019 -1 (1), on a curve to the right with radius of 5689.58 feet the azimuth to the radius center being 172° 08' 21", the chord azimuth and distance being: 1. 82° 39' 40.5" 103.69 feet to a /2 inch pipe; 2. 83° 11' 1238.65 feet along the north side of Hawaii Belt Road (F.A.P. No. F -019 -1 (1) to a %2 inch pipe; -1- 3. 173° 11' 10.00 feet along a jog on the north side of Hawai`i Belt Road (F.A.P. No. F -019 -1 (1) to a %2 inch pipe; 4. 83° 11' 500.00 feet along the north side of Hawaii Belt Road (F.A.P. No. F -019 -1 (1) to a %2 inch pipe; 5. 353° 11' 10.00 feet along a jog on the north side of Hawai`i Belt Road (F.A.P. No. F -019 -1 (1) to a %2 inch pipe; 6. 83° 11' 150.00 feet along the north side of Hawai`i Belt Road (F.A.P. No. F -019 -1 (1) to a %2 inch pipe; 7. 83° 11' 50.00 feet along the north side ofHawai`i Belt Road (F.A.P. No. F -019 -1 (1) to a %2 inch pipe; 8. 83° 11' 167.77 feet along the north side of Hawai`i Belt Road (F.A.P. No. F -019 -1 (1) to a %2 inch pipe; 9. 210° 34' 30" 6.65 feet along Government (Crown) Land of Honokaia to a " +" cut on concrete post (found); 10. 201° 39' 20" 990.20 feet along Government (Crown) Land of Honokaia to a " +" cut on concrete post (found); 11. 187° 35' 329.30 feet along Government (Crown) Land of Honokaia to a " +" cut on concrete post (found); 12. 230° 17' 20" 613.60 feet along Government (Crown) Land of Honokaia to a " +" cut on concrete post (found); 13. 211° 46' 89.30 feet along Government (Crown) Land of Honokaia to a %2 inch pipe; -2- 14. 27T 36' 1816.60 feet along remainder of Royal Patent 7394, Land Commission Award 8559 -B, Apana 1 to W.C. Lunalilo, (Certificate of Boundaries 22) to a " +" cut on concrete post (found); 15. 23° 50' 1330.35 feet along the west side of Homestead Road Reserve to the point of beginning and containing an area of 71.178 acres, more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25 -2 -44, Hawai`i County Code 1983 (2005 Edition), the County Council finds the following conditions are: Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (1) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -3- 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: -4- CDullum- REZ10- 121.jwd 06 -24 -10 STEPHANIE DULLUM CHANGE OF ZONE APPLICATION NO. 10 -121 CONDITIONS OF APPROVAL A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant, successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible uses within the State Land Use Agricultural District. C. The water commitment payment shall be made 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 improvements (including but not limited to installation of a service lateral to accommodate a 5/8 -inch meter for one of the proposed lots) and remit, as may be needed, the prevailing facilities charge, as determined by the Department of Water Supply. All relevant improvements shall be completed prior to receipt of Final Subdivision Approval. Furthermore, water from this meter shall not be shared with the other proposed lots for potable water purposes. D. Should the applicant be successful in obtaining a variance from the minimum water system requirements of the Subdivision Code, the applicant shall provide a private potable water system to the remaining proposed five (5) agricultural lots. The system shall consistent of the following: 1. Two (2) potable wells, each capable of generating a minimum 6,000 gallons per day. A report prepared by an engineer licensed in the State of Hawai'i attesting to the quality and capacity of these wells shall be provided to the Planning Department in conjunction with the subdivision application; 2. A minimum 15,000 gallon storage tank to service each of the two (2) wells; and 3. A water transmission system, pumps, and related appurtenances to service each of the proposed five (5) agricultural lots from the private potable well. An engineer licensed in the State of Hawai'i shall design and prepare the construction plan of the private water system. This plan, together with a written report describing the water system as well as identifying the specific areas — including construction material — where the system differs from either the Department of Water Supply's Rules and Regulations or the American Water Works Association standards shall be provided to the Planning Department and Department of Water Supply for its information. The licensed engineer shall also supervise the construction of the private water system and, upon completion, provide a written report to the Planning Department and Department of Water Supply. E. An agreement shall be filed with the Planning Department for review and acceptance and eventual recordation with the State Bureau of Conveyances. The agreement shall acknowledge the owner(s) of all lots utilizing the private water system that potable water from the Department of Water Supply's system is currently not available; and that the Department of Water Supply is not obligated to nor will bear the responsibility of supplying public water to those lots on the private system. F. Final Subdivision Approval of the proposed agricultural subdivision shall be secured from the Planning Director within five (5) years from the effective date of this ordinance. G. Restrictive covenants in the deeds of all the proposed lots within the subject 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 owners of the property may also impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State of Hawai`i Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. H. Access to the Hawai`i Belt Road (Highway 19) shall be limited to a single access point, the location and construction of which shall meet with the approval of the State Department of Transportation. Vehicular access to individual lots shall not be allowed from the Hawai`i Belt Road. The applicant shall provide a 10 -foot wide no vehicular access planting screen easement on the properties with frontage along the Hawai`i Belt Road. J. A drainage study of the project site, if required, shall be prepared for review and approval by the Department of Public Works, prior to submittal of plans for subdivision review. Drainage improvements, if required, shall be constructed in a manner meeting with the approval of the Department of Public Works prior to the issuance of Final Subdivision Approval. K. All development - generated runoff shall be disposed of on -site and shall not be directed toward any adjacent properties. 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. An Archaeological Inventory Survey, including proposed mitigation measures, shall be submitted for the review and approval of the State Department of Land and Natural Resources — State Historic Preservation Division (DLNR -SHPD) prior to the issuance of any land alteration permits or the submittal of plans for Final Subdivision Approval, whichever occurs first. N. 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 Resource — State Historic Preservation Division (DLNR -SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR -SHPD when it finds that sufficient mitigation measures have been taken. O. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements, including the Department of Health -Safe Drinking Water Branch for the proposed water system. P. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exaction or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. Q. An initial extension of time for the performance of conditions within the permit 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 Hawai`i County Council for appropriate action. R. Should any of the conditions not be met or substantially complied with in a timely; fashion, the Director may initiate rezoning of the area to its original or more appropriate designation. A -40a ' -40a A -40a OPEN AGRICULTURAL - FORTY ACRES (A -40a) TO AGRICULTURAL - TEN ACRES (A -10a) 71.178 ACRES TOTAL A -40a OPEN 11 riti 5,969.18' S HAWAII BEL ROAD K1 E 44 4 APUN • RD OPEN O7- 4 k- ` O `, ` A -40a O� A -40a ' Feet 0 1,000 2,000 4,000 6,000 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25 -8 -16 (HAMAKUA DISTRICT HOMESTEAD AREA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - FORTY ACRES (A -40a) TO AGRICULTURAL - TEN ACRES (A -10a) AT KAWELA, HAMAKUA, HAWAII MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TMK: (3)4 -6- 011:039 DATE: Mar. 11, 2010 EXHIBIT "A" Stephanie Dullum, Kawela Partners, LLC Map 1292 t WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT JULY 8, 2010 A regularly advertised hearing on the application of STEPHANIE DULLUM (REZ -10 -121) was called to order at 10:52 a.m. in the County of Hawai`i, Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai`i, with Chairman Rell Woodward presiding. COMMISSIONERS PRESENT: Rell Woodward, Dean Au, Takashi Domingo, Zendo Kern, and Wallace Ishibashi. STAFF PRESENT: Brandon Gonzalez (Deputy Corporation Counsel), Warren Lee (Director of Public Works), BJ Leithead Todd (Planning Director), Daryn Arai (Planning Program Manager), Jeff Darrow (Staff Planner) and Maija Cottle (Staff Planner). And no one from the public in attendance. ABSENT AND EXCUSED: Stephen Ono APPLICANT: STEPHANIE DULLUM (REZ -10 -121) Change of Zone from an Agricultural 40-acre (A -40a) to an Agricultural 10 -acre (A -10a) district for 71.178 acres of land. The property is located along the makai (north) side of the Hawai`i Belt Road near the 44 -mile marker, approximately 0.5 mile east of the entrance to Camp Honokaia (Boy Scout Camp), Kawela, Hamakua, Hawai`i, TMK: 4 -6 -011: 039. WOODWARD: Okay, the second and final item on the agenda is application from Stephanie Dullum for a Change of Zone from an Ag -40a to an Ag -10a for 71 plus acres of land on the makai side of the Hawai`i Belt Road near the 44 -mile marker, near the Boy Scout Camp in Hamakua. Jeff? DARROW: Thank you, Mr. Chair. Good morning, Members of the Planning Commission. If I could direct your attention to the presentation on the wall. Our second applicant is Stephanie Dullum. They are requesting a change of zone. The actual property is located in the Hamakua District of Hawai`i. More specifically we're looking at approximately two miles east of the Honokaa area. The property is identified with a black outline and it borders along the Hawai`i Belt Road. If you'll notice the different colors we're looking at, the darker blue color is signifying Agricultural 40 -acre zoning. The lighter green is signifying Agricultural 5 acres; and the darker green is signifying Open zoning. This is a closer shot of the zoning map. Again, we have the subject property identified in a black outline. We have Open zoning to the east, which is mainly planted in Eucalyptus trees, and we have smaller Agricultural lots to the west with similar zoning, Agricultural 40 acres to the north and to the south. 1 This is an aerial photo. Again, you'll see the property identified with a red outline. You'll see the smaller Agricultural lots to the west and the eucalyptus to the east. This is the General Plan designation of the area. Again, we have the black outline of the subject property. A majority of the surrounding area is Important Agricultural land and you have Conservation just to the west with the eucalyptus trees. You'll notice the Honokaa area is identified as Low Density Urban and Medium Density Urban. The applicant is requesting a change of zone from Agricultural 40 -acre to Agricultural 10 -acre for 71.178 acres to subdivide the property into six lots ranging from approximately 10 to 15 acres in size. The reason for the request is to provide lots for the respective family members of the landowners while keeping the land for pastoral and equestrian use. This is the submitted site plan from the applicant. On the lower portion of the map we have the Hawai`i Belt Road; and you'll see the identified six lots for the proposed subdivision. There is the proposed road lot that will be coming into the property. At this time, the Department of Transportation has given a, permitted access on the west side of the property. The applicant is in discussion with the Department of Transportation to relocate the access to the middle of the property. This is a unique application in the sense that it is proposing a private water system versus a County water system. In the Zoning Code under Section 25 -2 -46 it states that a change of zone application shall not be granted unless: (1) the department of water supply has determined that it can meet the water requirements of the project and issue water commitments using its existing system. In the comment letter from the Department of Water Supply dated April 14 which is your Exhibit 3, they had confirmed that there is one existing water meter for the property. No. (2), it says that you can also do specific improvements to the existing public water system, or construct a private water system equivalent to the requirements of the department of water supply to meet the water needs of the project and conditions of zoning delay occupancy until the necessary improvements are actually constructed. In that comment letter Department of Water Supply states that if they were to construct improvements to the existing public water system, it would be approximately $1.2 million. If they were to construct the improvements required by DWS to meet their requirements for a public /private system it would be approximately $2.2 million. The applicant is requesting to construct a private water system, that is it has elements of a private water system, that would be required by Department of Water Supply, but it won't meet their high standards. The Department of Water Supply requires two wells on -site, one well and one backup well. And they also require a 100,000 - gallon concrete water tank that is to be located off -site at an elevation of 100 feet above any portion of the existing property. So that makes it very difficult for applicants to be able to meet that requirement, additionally, to be able to put in the transmission lines to the respective lots. The applicant is proposing to put in two wells, so they have the well and the backup well, as well as well as a 15,000- gallon storage tank for each well, as well as the transmission lines. Rather 2 'a than having the off -site storage tank, they're proposing to have the on -site storage tanks with the pump system bringing the water to the respective lots. And so this is, in a sense, a test application that the Planning Director has been wanting to bring this matter to the attention of the Commission and to the Council to be able to see if there are any possible options for allowing change of zones in this particular situation with a private water system that doesn't meet the high standards of Department of Water Supply. Here are some site photos of the property. This is looking west on Mamalahoa. The actual subject property is on the left side of the map. So this would be looking towards Honokaa. This is looking towards Waimea. And, again, the subject property is on the right side of the map. And then this is just an overview of the subject property. The Planning Department's recommendation is that the Planning Commission send a favorable recommendation for this application. Are there any questions? WOODWARD: Questions for staff? I have a question, and I probably will ask Mr. Fuke this. If you're not going to go with the Department of Water's standards, why go half way? Because the point is they're asking you to spend another $2.2 million for things that are ridiculous, to be honest with you, and absolutely arbitrary in this sort of situation. Department of Water Supply requires a redundant well. That has only been a requirement even for public systems in the last four years. And the only reason they require it has nothing to do with water quality, safety, or anything else. The reason they put that into effect was the Department of Water Supply in a situation where they are responsible for supplying water doesn't want to have to truck in water if there's a failure of a well. Well, they're already said they're not going to be supplying water. Why should they pay, that's a very expensive insurance to have another well that's sitting there doing nothing. So why go half way if you can't meet the Department's standards? They also have a ridiculous, for a private situation like this, 100,000- gallon concrete tank I happen to know cost $700,000 to $800,000. The Department of Water Supply's standards are what the Director says they are. There's no more rationale to it than that, believe me. And the Department of Water Supply in this County is the only one that mandates concrete tanks. Every other County, Kauai, Honolulu, Maui, all accept glass -lined steel tanks. Also, you have to have malleable iron pipe. PVC is out. And all of these things are crazy and have nothing to do with supplying five lots with water. The other things, and there was an error in your things, Mr. Fuke. It says 42 gallons per minute is 15,000 gallons a day. It's not. It's actually 60,480 gallons a day. You've got what you need. You've already got what you need. So why go half way? You're not going to meet the Department of Water Supply's standards. The redundant well doesn't have anything to do with the safety standards from the Department of Health. So that's my question, is why was there a recommendation to go half way? LEITHEAD TODD: This was in part because, you know, the applicant offered to try and build something that they thought that they could afford which would take care of the number of lots. But, you know, recognize that if you were trying to build it to, you know, 100,000 gallons and the kind of stuff that the DWS would normally have, that there's no way you can do it. And it 3 was also working with the reality that but for the concurrency requirement on rezoning this is property that would qualify for a water variance to do water catchment, because they have enough rainfall in this area. But because it's a rezoning, concurrency kicked in. We were trying to be reasonable. And I think the applicant was trying to the best of their ability to try and comply. I heartily agree that for a private system that's only going to be taking care of six lots having two wells and -. You know, the backup well doesn't make a whole lot of sense because it's like they're only responsible for themselves. It's not the general public. This isn't water that the County has to come truck in. It's, you know, their kuleana. But they were willing to offer those, the two wells and the 15,000- gallon storage tank, so that's why we put it in the condition. But I agree that some of the standards that you have from both the Department of Health as well as Department of Water Supply does not make sense for something that's a six -lot subdivision. WOODWARD: Okay, thank you. Commissioner Domingo. And I'll address this more when you guys come up. Commissioner Domingo, you had a question? DOMINGO: I was just going to say perhaps when Mr. Fuke and the applicant comes up, you know, we can ask them questions, such as that which you show concerns about. WOODWARD: Okay. All right. Mr. Fuke, if you'd come up and -. And the applicant, are you with -? No? FUKE: Yes. WOODWARD: Okay. WOODWARD: You're going to be doing the testifying? FUKE: Yes. WOODWARD: Do you swear or affirm to tell the truth today before the Windward Planning Commission? FUKE: Yes, I do, sir. WOODWARD: Okay, and if you'll give us your name and address and then you may begin. FUKE: Okay. My name is Sidney Fuke. I'm a planning consultant. I've been asked to assist the applicant on this particular project. Seated here is Bob Hogan; and Bob's the, I guess, the better half or one of the halfs of Stephanie Dullum, the applicant. My business address is 100 Pauahi Street, Suite 212, Hilo, Hawai`i. I'd like to, before going on, however, I'd like to just kind of note that the staff's background report and the recommendation, you know, are acceptable. I'd like to note, however, that on page 1 of the second line of the recommendation, there is a reference to Agricultural 20 acre, and I think that was a typographical error. It should be Agricultural 40 acre. It's on the second line of the recommendation. 4 Mr. Chairman, I'm very impressed with your knowledge about the water system. Were you on the Water Commission, by any chance? WOODWARD: I live in Ocean View. Does that explain it? We've had a little dealing with the Department of Water Supply, not entirely favorable. FUKE: But your explanation is right on point. We've had a number of meetings, not only with the Planning Director, but also with the Water Manager and his staff. And it is true, the Water Department's standards are just one standard, it's all the Cadillac version. It doesn't, you know, provide accommodation for anything less than a Cadillac version for a water system. Unlike the Subdivision Code, for example, when you deal with the roadways, you know, you can have like a 50 -foot wide right -of -way with a 20 -foot wide pavement. If you have six or less lots then the roadway standards can be reduced as low as a 20 -foot wide right -of -way with a 16 -foot pavement, you know, so on and so forth. But the Water Department does not have any of those kind of subset standards. What we were trying to do was as best as we can to try to address the concurrency requirement while, you know, doing like a mini version, really, of whatever the Water Department's standards were. And if the Water Department's standard called for like two wells, we said, fine, we'll do two wells. If the Water Department's standard called for having a reservoir or a tank, then we said, fine, you know, we'll do a tank for each of those wells. But we had to adjust it to make it consistent with whatever he was proposing. And just one correction, Madam Director, one of the six lots will be served by the County water system. So only five lots will be served by this private water system. So before he even applied for the rezoning, I told Mr. Hogan, you've got to actually try to see whether you can actually have a water system in the area, and not necessarily rely on mother nature to the catchment system because of the concurrency law. We have to try to see whether you can actually drill a well and see what the source is. So he drilled the well, and, you know, that report is made part and parcel of the application. And I don't know what the calculation is, Mr. Chairman, but I got the number from actually Kurt Inaba who is the, one of the chief engineers at the Water Department. WOODWARD: Okay, I understand. FUKE: But he mentioned that, you know. Like the report that they had was like it can generate, that one well can generate 42 gallons per minute, which translates according to Kurt Inaba to 15,000 gallons per day. So if you look at -. WOODWARD: Actually that 15,000 is a six -hour interval. FUKE: Correct, yeah, at a six -hour -. WOODWARD: Which is 60,000 a day. FUKE: That's right. That was based on like a six -hour interval, so that came out to 15,000. So we just took a conservative amount. So 15,000 gallons per day, which translates to 3,000 gallons per day for each of these five lots. The Water Department requires only 600 gallons per day. So 5 his system would provide like five times more than what the Water Department would noinially require. And as you, no, as staff had also accurately kind of pointed out that you have to have a reservoir, but that reservoir has to be like at least 100 feet difference in elevation from where you're going to serve. And the reason why is that they want to have it like all gravity fed. But he's saying, you know, the only way he can go do that is he has got to have the reservoir like off - site. He has got to buy properties, you know, to make that elevation requirement. So he said, no, I'll put the reservoir on my property and I'll eat the cost of having it pumped. And so that's how he solved the problem about like having this additional reservoir. The other thing that the Water Department wanted, they said, like, fine, you know, it's a private • system so we won't review the plans, we won't inspect it. You know, it's all, it's fine as far as we were concerned, I mean the Water Department was concerned. But they said that we really wouldn't mind getting all of the reports, you know, from that. You know, if, let us know how the well is going to be constructed, how your water system is going to be designed, so on and so forth. So as a condition we had suggested, and the staff had incorporated a condition that said the system has got to be designed by a professional engineer; and then during its construction period it also has to be inspected by the professional engineer. And then after everything is said and done, then a report gets filed with both the Water Department and the Planning Director. And part of the reason the Water Department wanted that is that they suspect that the water system is good over there. So there might be a time in the future that the Water Department might want to get control of that well. So if they do get control of that well, they need to know what things they need to do to make the appropriate adjustments. So there is still that possibility. So, but Mr. Hogan, the applicant, is willing to do all of that; and so there you go. That's how we addressed the -. WOODWARD: Okay. Well, like I say, it's a peculiar hybrid that you have chosen. And I can tell you this, you can't use that well because it has got a PVC bore. That doesn't fly with the Department of Water Supply. So the well doesn't even qualify. Of course, it took only two days to drill this well and it only went down 115 feet. They may be interested in finding out what the water system, the water table is like. I don't think they have any interest in your water system itself. And the other thing is, you know, I would rather see, to make this a clean situation , is you build what you need. And, you know, the Department of Water Supply has a bunch of rules and regulations that are designed for things that are not of any concern to you, such as this backup system. The only reason they have required a backup system now, and it has only been in the last four years they've required that, is because if they're responsible for supplying water they don't want to have to truck it in if there's a failure of one well. Well, it's your well, you have a 30,000 gallon tank. At 600 gallons a day for five lots you've got a 10 -day supply there even if a pump craps out; and you can always get water trucked in. You know, I think drilling a second well is really expensive insurance. The thing about building it, a 100,000 - gallon tank off -site just so you can use gravity flow, much cheaper to buy a few pumps. You're right about that. You know, and so this is where government gets in the way. This is exactly opposite of, you know, Mr. Sumada who is trying to solve problems. Department of Water Supply is getting in your way and trying to create problems. 6 And what I would like to see is you come up with a system that works that is certified by a licensed engineer that supplies the quality and the quantity of water that is necessary. And all these other things be damned, to be honest with you. That's the way I would approached it. Because it makes no sense for you to have to drill a second well. Like I say that is only, the Department of Water Supply does that only because they don't want to have to be responsible if there's a failure of a well to haul in water. Well, they're not going to be supplying you water anyway. And you can put your tank wherever you want it if you can pump the water out of it, you know. So that would be my suggestion. But, you know, I should have talked to you before you did this, I guess. FUKE: You know, unfortunately I think members of the Council may not, certain members of the Council may not necessarily share your attitude, and this is an item that has to go before the County Council. So as much as possible we wanted to really have a system that was designed to be like a mini system of the Department of Water Supply's standards so that, you know, we can't be unfairly accused by certain members of the Council that we're not trying to comply with concurrency and all that stuff. But I appreciate, I think Mr. Hogan appreciates very much your comments, Mr. Chairman. WOODWARD: Okay. Well, the other thing, you know, as far as, if it were up to me and you didn't have to get by the Depaitrnent of Water Supply's silly standards and you were looking just at the health and safety department, you know, I would say, you know, 24 is it; after that we're going to have to either improve or build another system. You know, rather than look at putting in what all they are going to require of you, I would say it would be better to limit it and to say if it does get to the point where we're looking at more than 24 people that we either have to improve the system, upgrade it to meet the health standards, or add another system. That's the way I would do it, but that's just me. Okay, Commissioner Domingo. DOMINGO: I was just going to add, maybe you can draft a "be damned" clause then (jokingly). WOODWARD: All right. Yeah, I still have some -. Okay. And you have received the recommendation and you agree with the conditions. Is that correct? FUKE: Yes, correct. WOODWARD: Okay, very good. All right, I think you're -. LEITHEAD TODD: Rell? WOODWARD: Yes. LEITHEAD TODD: If you want to, you can propose amendments to just make it one well and one tank. WOODWARD: Okay. Well, let me ask Mr. Fuke, the Director just mentioned that we have the ability to change these conditions. And, if you would like us to, we can consider changing it to 7 one well and a 30,000 gallon tank, which would be satisfactory from every hydrologic standpoint. FUKE: I'm sorry, I was just conferring with Mr. Hogan just for the record. And Mr. Hogan wants to have like two 15,000 storage gallon, two 15,000- gallon tanks, rather than one 30,000, but he would be receptive to having the potable well requirement be limited to one rather than two. WOODWARD: Okay, one potable well with a minimum of -. That would be 12,000 gallons instead of two at 6,000, right? This is condition D, under No. 1. It says two potable wells, each capable of generating a minimum of 6,000 gallons per day. So it would be one capable of generating 12,000. FUKE: That would be fine. GONZALEZ: In subsection 2. WOODWARD: Yeah, in Subsection 2, a minimum 15,000 -. I would say minimum 30,000 gallon storage tank, and you could set it up as one tank, two tanks, I don't care, a minimum of { 30,000 gallon storage capacity. How about that? What I was saying, and it's up to you if you want to wing it with this. But I would say with No. 2, a minimum storage tank capacity of 30,000 gallons. That would allow you to build one tank, two tanks, six tanks, anything that adds up to 30,000 gallons. FUKE: I think he still would prefer the minimum 15,000 storage tank. WOODWARD: Okay. So you just want a minimum of 15,000 gallons for each of the well, but it says each of the two wells. LEITHEAD TODD: To service the wells. FUKE: Yeah. WOODWARD: A minimum of two? FUKE: A minimum 15,000 storage tank to service -. LEITHEAD TODD: The one well. ZENDO: The well. WOODWARD: One well? FUKE: To service the well. 8 • WOODWARD: The well, yeah, okay. Now 15,000 gallons still at the estimated 600, 600 is more than the Water Supply's. They're talking 400. But if you go 600 gallons, that's 3,000 gallons a day, that's five days supply if the tank is full -. FUKE: Correct. 1 WOODWARD: Even if your pump craps out. And it's much more likely your pump will fail than your well dries up. FUKE: Which is true. Just for your information, you know, having this condition relaxed a bit from the applicant's standpoint, you know, he still may elect to do a two -well system. So, but it doesn't preclude him from doing the two wells -. Woodward: Right. FUKE: And then two reservoirs and all this -. WOODWARD: Right, exactly. You know, but what I'm trying to do is if we're going to be clean about this and we're going to say we're going to do what is necessary, not what meets the Department of Water Supply, we ought to do really what's necessary and not something in between and try and meet some of their standards when we can't meet others. And it says here, No. 3, "A water system pump, and related appurtenances, to service each of the proposed five (5) agricultural," okay, so that's still the same. All right, so those are things to consider. Would you like to see us change the wording in those ways which we discussed? We basically would be changing -. FUKE: Conditions D.1 and D.2, right? WOODWARD: Yeah, Brandon, Mr. Gonzalez is going to read the suggested changes. GONZALEZ: Okay, I think, this is what I got. D.1 would read, "One (1) potable well, capable of generating a minimum of 12,000 gallons per day. A report prepared by an engineer licensed in the State of Hawaii attesting to the quality and capacity of the well shall be provided to the Planning Department in conjunction with the subdivision application." D.2, the proposed amendment would read, "A minimum 15,000- gallon storage tank to service the well; and," and then the rest remains the same. FUKE: That's what I had. WOODWARD: Okay. That's what you'd like to do? FUKE: Correct. WOODWARD: Okay. Do we have any other discussion? DARROW: There is, there are items within the recommendation that refers to the applicant's 9 proposal of two wells and the 30,000 - gallon tank. Should that be amended as well? This would be on page number 6. WOODWARD: Okay, where about -? Oh, 15,000- gallon storage for each of two wells, okay. DARROW: It's up at the top of the page, yeah. WOODWARD: Okay. I would say amend it to cross out anything after the "15,000- gallon reservoir storage tank." And then all the rest of it, and then instead cross out the rest until it gets to "instead of the...100,000- gallon reservoir to be located offsite." DARROW: Will do, we'll take care of that. WOODWARD: Okay. And then at the bottom of that same paragraph, "The applicant is proposing to store water within two(2) - ." LEITHEAD TODD: You have to amend page 5, too. GONZALEZ: Page 5. WOODWARD: Yeah, you have to amend page 5, too. GONZALEZ: I'll state it, so you would amend the rest of the report to conform to the proposed changes. WOODWARD: Yeah, okay, fix it, in other words. There you go. DARROW: Also, if the Commission would like to see a change to the last sentence of D, which would state, "The system at a minimum shall consist of the following:" WOODWARD: Where are we? DARROW: The last, just before 1, D.1, the last sentence, we would add in the phrase "at a minimum." So, "The system at a minimum shall consist of the following:" WOODWARD: Okay, yeah, or "The minimum requirement for the system," or, yeah, the way you said it is fine. That's better anyway. I like that better. GONZALEZ: It's "consist" instead of "consistent ", right? DARROW: Right. WOODWARD: Okay. All right good. Now, anything further, Mr. Fuke? FUKE: No. Thank you very much. 10 WOODWARD: Okay. Do we have a, now that we've talked about all of this and not really had a motion, would somebody like to make one? KERN: No public -? GONZALEZ: No one from the public? WOODWARD: Oh, yes, by the way, there's nobody from the public even here, not much less signed up to testify. Okay, Commissioner Kern. KERN: Regarding Applicant Stephanie Dullum, Applicant No. REZ 10 -121, Change of Zone from an Agricultural 40-acre to an Agricultural 10 -acre on 71.178 acres of land, TMK: 4 -6 -011: 039, I move that a favorable recommendation be sent to Council with the conditions and the changes to conditions that have been made. DOMINGO: Second. WOODWARD: All right. Do we have any discussion? Okay, seeing none, let's take a vote. Jeff? DARROW: Just for clarification, these changes would also include the changes to the recommendation, correct? KERN: Correct. WOODWARD: Correct, yes. DARROW: Okay, thank you. With that I'll take the roll. Commissioner Kern? KERN: Aye. DARROW: Commissioner Domingo? DOMINGO: Aye. DARROW: Commissioner Au. AU: Aye. DARROW: Commissioner Ishibashi? ISHIBASHI: Aye. DARROW: And Mr. Chanivan? WOODWARD: Aye. 11 DARROW: The motion passes five to zero. FUKE: Thank you very much. WOODWARD: Yes, sir. All right. A favorable recommendation will be sent to the County Council with the revised conditions. And I imagine they will probably send you a copy of the revisions that we have made and the fact that it is going to be sent with a favorable recommendation. So thank you. FUKE: Thank you all. The discussion ended at 11:25 p.m. Respectfully submitted, Sharon M. Nomura, Secretary 12