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HomeMy WebLinkAboutCOM 0944.000 2008-2010 - 011•9F ....... alt: William P. Kenoi William T. Takaba { : p .► ����/ :• Managing Director Mayor A� / - Wally Lau ff OF N►'� Deputy Managing Director County of Hawai i 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 September 9, 2010 cry Honorable J Yoshimoto, Chairman and Members of the County Council County of Hawai`i y` 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yoshimoto and Members: Change of Zone Application (REZ 10- 000125) Applicant: Kevin Ken Akiyama Request: A-3a to FA -1 a Tax Map Key: 2 -4 -32:12 As required by Chapter 4, Sec. 6- 4.3(C), Hawai`i County Charter, transmitted herewith for the County Council's consideration and action are the Windward Planning Commission's letter and enclosures regarding the above - referenced request. Sincerely, William P. Kenoi Mayor Enclosures cc: Planning Department ‘1 3Ot > ~ice �� / 1 y Ref. To: — Ref. Dote. to 13 2010 J�tylOi ....y' • ' . W 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 September 9, 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- 000125) Applicant: Kevin Ken Akiyama Request: A -3a to FA -la Tax Map Key: 2 -4 -32:12 The Windward Planning Commission, after a duly held public hearing on August 12, 2010, voted to recommend for your approval the proposed legislative bill for a Change of Zone from an Agricultural — 3 acre (A -3a) to Family Agricultural - 1 acre (FA -1a) district for 5 acres of land. The property is located along the mauka (west) side of the Alaloa Road, approximately 400 feet south of its intersection with Ainaola Drive in the Waiakea Uka District, Waiakea Homesteads, South Hilo, Hawai`i. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicant requests a Change of Zone from Agricultural 3 -acre (A -3a) to Family Agricultural 1 -acre (FA -1a) for approximately 5 acres of land in order to allow subdivision of the property into approximately four lots which would be distributed to family members or sold. Hawai 'i County is an Equal Opportunity Provider and Employer The Honorable J Yoshimoto, Chairman and Members of the County Council Page 2 The change of zone request from A -3a to FA-1 a will conform to, among others, the Land Use element and Land Use Pattern Allocation Guide (LUPAG) Map of the General Plan. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The Land Use- Agriculture element of the plan seeks to protect and maintain important agricultural lands from urban encroachment. However, the subject property is not classified as important agricultural land and has not been in agricultural use since it was cultivated for sugar. In fact the LUPAG Map, which establishes the basic urban and non -urban form for areas within the County designates the subject property as Low Density Urban which allows for residential uses with an overall density of up to six units per acre, ancillary community and public uses, and neighborhood and convenience -type commercial uses. The purpose of the Family Agricultural district, according to the Zoning Code, is to provide for a blend of small -scale agricultural operations associated with residential activities which may be characterized by farm estates, small acreage farms, or subsistence lots in areas where public services and infrastructure are appropriate to support the very low density residential needs of the community and where a substantial number of surrounding parcels are less than five acres in size. Surrounding properties are similarly zoned A -3a and consist of agricultural uses, scattered dwellings and vacant lots. Further north are properties zoned A -la, RS -7.5, RS -10, RS -20 and CN -10. Based on the above, a change of zone to the FA district classification is appropriate in this area and the request is consistent with the General Plan. All essential utilities and services are available to the site. Access to the property is from Alaloa Road, which is a 16 -foot paved two -lane County road within a 40 -foot right -of -way. The City of Hilo Zone Map designates Alaloa Road as a 60 -foot right -of -way. Therefore, a condition of approval will require the applicant to convey a 10 -foot wide future road widening lot to the County prior to final subdivision approval. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 3 According to the Department of Water Supply, water can be made available to the property via an existing 6 -inch waterline within Alaloa Road. The applicant will be required to construct necessary water system improvements, including but not limited to, (a) the extension of approximately 650 feet of 6 -inch water main along the proposed Road Lot 2 -E, capable of providing water at adequate volume and pressure under peak - flow and fire -flow conditions, (b) service laterals that will accommodate a 5/8 -inch meter fronting each additional lots, and (c) installation of at least one fire hydrant along proposed Road 2 -E and within 300 feet of proposed Lots 2 -B, 2 -C and 2 -D. Conditions of approval will be added requiring the applicant to comply with the additional water improvements meeting with the requirements of the Department of Water Supply. As there is no municipal sewer system in the area, wastewater will be disposed of into septic tank systems meeting the standards and requirements of the State Department of Health. Solid waste will be disposed of by commercial haulers or individual homeowners into an approved landfill. Electrical and telephone services are available to the site. Police services are located about 4 miles away in downtown Hilo and fire services area located within 2 miles of the property on Kawailani Street. Medical services are available in Hilo. The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management Area. The subject property is located over four miles from the shoreline and is not in the Special Management Area. Thus, the property will not be affected by coastal hazards and beach erosion. There are no identified recreational resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources on the subject property. In view of the Hawai`i State Supreme Court's "PASH" and "Ka Pa'akai 0 Ka Aina " decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: • Investigation of valued resources: No formal archaeological reconnaissance survey, oral history of kama`aina accounts of the area, historical survey of documentary records, or botanical study was included in the application. • The valued cultural, historical, and natural resources found in the rezoning area: The property has been cleared and used for the cultivation of sugarcane and cattle grazing in the past and is currently used for residential purposes. As such, it is anticipated that no historic properties will be affected. In a letter dated August 19, The Honorable J Yoshimoto, Chairman and Members of the County Council Page 4 2009, the applicant requested a "no- effect" letter from the DLNR State Historic Preservation Division. As of the date of this writing, there has been no response from the DLNR -State Historic Preservation Division. A condition of the change of zone will require that the applicant cease work and notify the SHPD should any unanticipated archaeological features or sites be uncovered during the course of development. • Possible adverse effect or impairment of valued resources: Native plants may be destroyed by ground alteration. There is no evidence that the flora in the area are particularly desired or used for cultural practices. • Feasible actions to protect native Hawaiian rights: There is no indication that there is gathering taking place or has taken place on the site. Thus, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. Based on the above findings, the approval of the Change of Zone request from an Agricultural (A -3a) to a Family Agricultural (FA -la) zoned district would result in an appropriate land use pattern that will further benefit the public. For your favorable consideration, an amendment to Section 25 -8 -33 (City of Hilo Zone Map), of the County Zoning Code is transmitted. We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, Rell Woodward, Chairman Windward Planning Commission Lakiyamarez l 0- 000125wwpc2 Enclosures cc: Mr. Paul H. Murray Mr. Kevin Akiyama Department of Public Works Department of Water Supply Department of Land & Natural Resources -HPD Amy Self, Esq., Corporation Counsel h BAkiyama -REZ 10- 125.jwd- 07 -22 -10 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT KEVIN KEN AKIYAMA CHANGE OF ZONE APPLICATION (REZ 10 -125) KEVIN KEN AKIYAMA has submitted an application for a Change of Zone from an Agricultural 3 -acre (A -3a) to a Family Agricultural 1 -acre (FA -la) zoned district for approximately 5 acres of land. The property is located along the west side of Alaloa Drive, approximately 1,150 feet south of the Ainaola Drive — Alaloa Road intersection, Waiakea Homestead 2 Series, South Hilo, Hawai`i, TMK: 2 -4- 32:12. PROPOSED ACTION 1. Request: Change of zone from Agricultural 3 -acre (A -3a) to a Family Agricultural 1- acre (FA -1a). The applicant is requesting a change of zone in order to subdivide the property into approximately 4 lots, which would be distributed to family members and sold to cover infrastructure costs. The existing single - family dwelling and accessory buildings would be incorporated into the subdivision design of one of the lots. (Planning Department Exhibit 1 - Change of Zone Application) 2. Project Timeline /Cost: Upon approval of the change of zone, the applicant intends to begin the subdivision process and complete tentative plans by 2011. The cost of the improvements is estimated at $500,000. 3. Landowner: Kevin Ken Akiyarna Trust. STATE AND COUNTY PLANS 4. State Land Use Designation: Agricultural. 5. County Zoning: Agricultural -3 acres (A -3a). 6. GP LUPAG Map: Low Density Urban. 7. Hilo Community Development Plan (CDP): The Hilo Community Development Plan adopted by Planning Commission Resolution No. 1 on May 21, 1975 identifies the area as A -3a and an area for alternate residential expansion. DESCRIPTION OF SUBJECT PROPERTIES AND SURROUNDING AREA 8. Subject Property: The subject property is rectangular in shape and 5 acres in size. There is a 3- bedroom/2 -bath dwelling that was constructed in 1978. ATTACH: Corrm. 944 Bill 301 9. Surrounding Zoning /Land Uses: Surrounding properties are similarly zoned A -3a and consist of agricultural uses, scattered dwellings and vacant lots. Further north are properties zoned A -la, RS -7.5, RS -10, RS -20 and CN -10. 10. ALISH: Unclassified. 11. Land Study Bureau's Detailed Land Classification System: "D" or "Poor ". 12. U.S. Soil Survey: Olaa extremely stony silty clay loam, 0 to 20 percent slopes (OID). 13. FIRM: Zone "X ", area determined to be outside the 500 -year flood plain with a portion of the property within Zone "AH ", which is a Special Flood Hazard Area inundated by the 100 -year flood where flood depths are 1 to 3 feet (usually areas of ponding). 14. Flora /Fauna Resources: No professional surveys were conducted of the site as the property has been previously cleared in the past and is currently in residential uses. Existing flora includes the presence of introduced species such as a gunpowder tree, abandoned sugar cane stalks and California grass. Given the disturbed and urban nature of the surrounding areas it is unlikely that there is endangered animal life in the area. 15. Historical /Archaeological Resources: The property has been cleared and used for sugarcane cultivation and cattle grazing in the past. In a letter dated August 19, 2009, the applicant requested a "no- effect" letter from the DLNR State Historic Preservation Division. 16. Cultural or Native Gathering Rights: According to the applicant, it is not known whether the subject area was used in the recent past for the gathering of plants by Native Hawaiians. However, as the site has been used for sugar cane or cattle grazing for over 50 years, it would appear unlikely that the site would serve such purpose today. In the unlikely event that legitimate gathering claims are made by Native Hawaiians, the applicant intends to respect and honor such claims and provide the needed access within the site. 17. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the properties. PUBLIC UTILITIES AND SERVICES 18. Access: Access to the property is from Alaloa Road, which is a 16 -foot paved two -lane County road within a 40 -foot right -of -way. The City of Hilo Zone Map designates Alaloa Road as a 60 -foot right -of -way. Should the change of zoning be approved, the -2- applicant will provide access to all subdivided lots via a private road or easement. 19. Water: County water is available to the property. 20. Wastewater System: There is no municipal sewer system available in the area. Wastewater will be disposed of through septic tank systems meeting with the approval of the Department of Health. 21. Solid Waste: Solid waste will be disposed of at an authorized landfill by commercial haulers or individual homeowners. 22. Essential Utilities and Services: Electrical and telephone services are available to the property. Police services are located in downtown Hilo, about 4 miles from the property. Fire services are located within 2 miles on Kawailani Drive. Medical services are available in Hilo. AGENCIES' AND ORGANIZATIONS' COMMENTS 23. Department of Public Works: (Planning Department Exhibit 2 — June 2, 2010 Memo) 24. Department of Water Supply: ((Planning Department Exhibit 3 — June 16, 2010 Memo) 25. Department of Environmental Management: (Planning Department Exhibit 4 — May 21, 2010 Memo) 26. Police Department: (Planning Department Exhibit 5 — May 25, 2010 Memo) 27. Fire Department: (Planning Department Exhibit 6 — May 24, 2010 Memo) 28. DLNR -Land Division: (Planning Department Exhibit 7 — May 21, 2010 Letter) 29. Department of Health: (Planning Department Exhibit 8 — May 19, 2010 Memo) AGENCIES - NO RESPONSES 30. DLNR Historic Preservation Division, Department of Agriculture and NRCS. PUBLIC COMMENTS 31. 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. -3- PAUL H. MURRAY, LPLS / ' 'Tit \ 14. r 4 PAUL H. MURRAY & ASSOCIATES, LLC LICENSED PROFESSIONAL LAND SURVEYORS P.O. BOX 1189 HILO, HI 96721 -1189 PHONE: (808) 959 -8595 FAX: (808) 959 -0355 April 23, 2010 Ms B J Leithead Todd, Director PLANNING DEPARTMENT / COUNTY OF HAWAII 101 PAUAHI STREET, SUITE 3 HILO, HI 96720 -3043 RE: REZONING REQUEST (A -3A TO A -1A) — KEVIN KEN AKIYAMA, TRUST WAIAKEA HOMESTEADS, SOUTH HILO, ISLAND OF HAWAII, HAWAII, TMK (3) 2-4- 032:012 (LOT 12) Dear Ms. Leithead Todd, Submitted herewith for your review and processing is an application to rezone a 5.0 ACRE parcel from a A -3a Agricultural 3 Acre zoning to a FA -1 -a zoning. The subject parcel is located on the west side of ALALOA ROAD, Waiakea Homesteads, South Hilo, Island of Hawaii, Hawaii. If approved, the applicant wishes to subdivide the subject parcel into 4 Lots and one Road Lot. Most of the ( - rounding area has been developed into residential subdivisions. Pursuant to the submitted requirements, please find the following enclosed: a.) The original application form and 20 copies of the same, the Department questionnaire, and environmental report which includes the vicinity map and proposed site plan; b.) The processing fee of $600.00, a 2x3 copy of the site plan, tax clearance form, a list of the surrounding property owners within 500 feet of the subject parcel, the meets and bounds description and a deed reflecting the applicant's ownership in the subject parcel. The required notices to the surrounding property owners informing them of this application will be mailed within 10 days of the date of this letter. If there are any questions relating to this application feel free to contact our office at 808 - 959 -8585. Thank you very much. Respectfully submitted, a t 14_ / / C µ• M (j999� H. MUR 8• ASSOCIAT Oil LICENSED / V / PROFESSIONAL * LAND * Paul H. M - S SURVEYOR Licensed Pro sional Land S _ + • r No. LS -7 589 Certifie m S -7 P Expiration cat Date: u April • er: 30, 201 2 411, v 5. Planning Dept. FOLDER: 03 -07 / FILE: kakia -1 -r1 Exhibit 1 APPLICATION FOR COUNTY ZONING (A -3 a — FA-1a) KEVIN K. AKIYAMA WAIAKEA HOMESTEADS SOUTH HILO, HAWAII TAX MAP KEY: (3)2 -4- 032:012 PREPARED FOR: KEVIN K. AKIYAMA PREPARED BY: PAUL H. MURRAY & ASSOCIATES, LLC SEPTEMBER, 2009 Planning Dept. Exhibit PLI-,-1 DEP,' --- 77 CHANGE OF ZONE APPLICATION fl 2: 57 COUNTY OF HAWAH PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: KEVIN KEN AKIYAMA APPLICANT'S SIGNATURE: • DATE: ADDRESS: 124 ALALOA ROAD, HILO, HI 96720 LIST APPLICANT'S INTEREST IF NOT OWNER: N/A LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: N/A PHONE:(Bus.) N/A (Res.) (808) 960-7672 (Fax) LANDOWNER(S): KEVIN KEN AKIY ota___ LANDOWNER SIGNATURE(S): DATE: (May be by lette LANDOWNER(S) ADDRESS: 124 ALALOA ROAD, HILO, HI 96720 REQUEST: A-3a AGRICULTURE 3 ACRES TO FA-la FAMILY AGRICULTURE 1 ACRE (Existing zoning) (Proposed Zoning) TAX MAP KEY:(3) 2-4-032:012 STREET ADDRESS OF PROPERTY: 124 ALALOA ROAD, HILO, 111 96720 SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: FIVE (5) ACRES AGENT: PAUL H MURRAY & ASSOCIATES, LLC ADDRESS: P 0 BOX 1189, HILO, HE 96721 TELEPHONE:(Bus.) (808) 959-8595 (Res.) N/A (Fax) (808) 959-0355 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: PAUL H MURRAY & ASSOCIATES, LLC COPIES: KEVIN KEN AKIYAMA ATTACHMENT kgricultural 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? 5Acres b Into what lot sizes? Rwroximcrteiy 4 tine AcrV LOt 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? 6 Months d. Do you intend to build houses on the newly created lots? No If yes, please answer the following questions: On how many of those lots? N/A At what approximate price range? House N/A Lot N/A Total N/A Approximately how long, after approval of the subdivision, would the first house be available for occupancy? N/A If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. Attached 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. n n 1 C I A A a I. If you intend to do either a, b, c, please elaborate on the kind ti 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? No How? 4. Are there any buildings on the subject area? Yes If so, what kind? Single Family Dwelling, 3 Bedroom, 2 Bath What do you intend to do with those buildings if your request is approved? Keep it 5. Is the subject land currently being used for any agricultural activity? No If so, please list the kinds of products grown and on how many square feet or acres of land per product. 6. Was your request to allow for the creation of smaller agricultural lots? A/O If so, did your plan include the following considerations? N/A a. Commodity to be produced? N/A What kinds of commodity? b. Suitability of the proposed lot -size for that commodity? N/A C. Sufficient farm size to allow reasonable chance of success in commercial agriculture? N/A -2- • d• Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? N/A Please state the proposed type of arrangement. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together N/A with your request for a change of zone. If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. 7. To your knowledge, has there been any flooding and /or drainage problem on the subject area? No If so, please describe the problem. $• Do you think that the roads leading to the subject area needs No improvements? If so, what kind? Is the road adequate for the proposed traffic volume or load? Yes 9. What sort of governmental assistance and /or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools X b. Roads X X c. Sewer X d. Drainage -3- Yes No e. Police Protection x X f. Fire Protection X g, Recreational Facilities • X h. Public Utilities X Other For those checked "yes ", please elaborate what type or kinds of improvements and /or assistance are needed. Signature: Address: 124 Alaloa Road Telephone: (808) 960 -7672 Date: -4- COUNTY ENVIRONMENTAL REPORT COUNTY REZONING REQUEST (A -3a to FA -la) KEVIN AKIYAMA WAIAKEA HOMESTEADS, SOUTH HILO, HAWAII TAX MAP KEY: (3) 2 -4- 032:012 INTRODUCTION Mr. Kevin Akiyama, referred to as the applicant, is requesting to have a 5 acre parcel rezoned from Agriculture — 3 Acres (A - 3a) to Family Agriculture — 1 Acre (FA in Waiakea Homesteads, South Hilo, Hawaii. The property is located on the west side of Alaloa Road, near its intersection with Ainaola Drive. (See Figure 1) If approved, the applicant intends to subdivide the subject site into four lots, with a minimum area of one acre each. Three (3) of the proposed lots would get its access from Alaloa Road over a private road with a minimum 16 -foot wide pavement within a 20 -foot wide right -of -way. The remaining lot would secure its access from Alaloa Road. II. PROJECT LOCATION The project area is located on the west side of Alaloa Road, approximately 400 feet south of Ainaola Drive. (See Attached TMK Map) The site is located in a mixed use neighborhood, consisting of various residential and agricultural zoned properties. III. PROJECT DESCRIPTIONS A. Project Concept and Components The applicant is proposing to develop a 4 lot agricultural subdivision. The applicant is proposing to have three of the lots serviced from Alaloa Road over a private road with a minimum 16 -foot wide pavement within a 20 -foot wide right - of -way. The remaining lot will be accessed from Aloloa Road. The applicant would construct the private road. The applicant understands that the subdivision plan submitted herein may change prior to receipt of final subdivision approval to accommodate County subdivision requirements, appropriate conditions of zoning approval, and marketing demands. It also should be noted that the applicant intends to have covenants incorporated into the deeds of the respective lots to prohibit the construction of an "ohana" or 2 dwelling. B. Project Timetable and Cost The applicant hopes to secure the necessary County rezoning approval as soon as possible and begin the subdivision and development process immediately thereafter. Tentative plans to have subdivision completion date by 2011. The cost of the improvements is estimated at $500,000.00 IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The subject area is designated Agricultural. As such, to effectuate this project, no State Land Use Commission action is required. B. County General Plan The County General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the site Low Density Urban Development. This designation allows consideration for uses that are single family residential in character, ancillary community and public uses and convenience type of commercial uses. The Hawaii County General Plan is the County's comprehensive land use policy for guiding long range development on the Island of Hawaii. It specifies goals, policies, and standards of development for the most desirable land uses on the island. The General Plan's associated Land Use Pattern Allocation Guide (LUPAG) Map Designates the general allocation of the various desired land uses, such as urban, agricultural, commercial, industrial, resort and recreational. Based on the requested Family Agricultural — 1 Acre (FA -1a) zoning, the project would be consistent with the current and proposed General Plan, and no amendments would be required. C. Hilo Community Development Plan The Community Development Plan (CDP) attempts to further define the General Plan and serves as a guide for decision - makers. It was adopted by the Planning Commission in 1975, over 25 years ago. Although reviewed by the County Council, the CDP was never adopted. D. County Zoning The proposed zoning of the subject property is Family Agricultural 1 acre (FA - 1a). Single - family residential lots ranging between 7,500 square feet to 15,000 square feet characterize properties in the general area, particularly in the areas north and east of the subject site. For the most part, these areas are classified as Single - family Residential (RS - 10). There is a non - conforming subdivision north of Haihai Street, however, that is zoned Agriculture (A -1 a), with lots ranging between 7,500 to 15,000 square feet. If approved, the site would be subdivided in a manner meeting with both the Zoning and Subdivision Codes. Further, all uses and standards consistent with the requested Family Agricultural — acre zoning would be adhered to. E. Special Management Area The site is not located within the County Special Management Area (SMA). As such no SMA Use Permit would be required. However, as the entire island falls within the State Coastal Zone Management (CZM) Area, some discussion of the request's relationship to the CZM Program follows. The site is not adjacent to the ocean. It is more than six (6) 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. As the site is in the process of being grubbed with an authorized grubbing permit, the site's archaeological implications were already reviewed and addressed. The State Historic Preservation Division, in its review of the grubbing permit, has determined that the site does not have significant historic resources. Nonetheless, should there be any inadvertent find during construction of this project, work will stop until clearances are received from the appropriate County and State agencies. The proposed action will involve the construction of improvements in an urban setting. The improvements would be residential in nature. As such, the potential visual impact to the area's scenic and open space resources should not be significant, if at all. Given the relatively flat terrain and location of this site, the views of the coastline or Mauna Kea or Mauna Loa would not be impeded. Relative to the Coastal Ecosystems, impacts should be negligible, if at all, as the site is located well over six (6) miles from the ocean. Notwithstanding the distance, the nature of the project- residential- and the construction of the only 3 private wastewater systems are such that potential coastal ecosystem impacts would usually not be found. The proposed action will result in creating more residential lots in this area. This should thus provide short-term construction jobs. In the long run, by aiding the housing situation, the project could help provide the needed support for the expansion of the area's economy. In so doing, the project could aid the area and island's economy and the overall economic use of this site and the area in general. Because of its distance from the shoreline, the site should not be subject to coastal hazards. Relative to the managing development objective, this function is more applicable to the "authority" or approving agencies. However, it is noted that the request would operate and be constructed within the scope of the Zoning Code. The subject site would be zoned FA -la, and the requested use and design/parameters (parking, height, setback, etc.) would be consistent with said zoning. In that regard the project, would be consistent with this policy. Finally, in terms of the public participation objective, this is generally a public agency function. This is achieved through the Marine and Coastal Zone Management Advisory Group (MACZMAG) and the public hearing process required pursuant to the Planning Commission's Rules and County Council's meeting on this application. Notices of this application will be sent by the applicant to surrounding property owners of the submittal of the application, and again, prior to the public hearing. Based on the foregoing, it is concluded that the requested improvements would be consistent with the objectives, policies, and guidelines of the Coastal Zone Management Policies, as outlined in Chapter 205 -A -23, HRS and Planning Commission Rule No. 9 relating to Special Management Area. H. Other Permitting Considerations Should these applications be approved, other permits would still be required. These would be of the "ministerial" variety, such as Subdivision Approval Underground Injection Control (UIC) permit, and the like. V. ENVIRONMENTAL CONSIDERATIONS A. General Description The elevation of the site is approximately 500 feet above mean sea level. The mean annual rainfall in this area approximately 125 inches. The wetter months tend to occur between March through September. The mean annual temperature is about seventy (70) degrees Fahrenheit to the lower 80's. Because the site is situated on the windward side of the island, winds tend to be trade and variable. Slight northeasterly winds occur during the day, while westerly or mountain winds are prevalent during the evenings. The subject parcel is rectangular in shape. Its width fronting Alaloa Road is 225 feet, while its length is 967.94 feet. The site consists of 3 bedrooms and 2 bath single family dwelling. The site essentially has been used in the past for sugar cane cultivation. B. Soils and Topography The subject site is relatively level, with an average slope of about eight (8) percent. The land tends to slope somewhat towards the middle portion towards to floodway. The US Department of Agriculture - Natural Resources Conservation Service (formerly Soil Conservation Service) Soil Survey Report classifies the soil to be of the Olaa (OID) Series. The Olaa series consist of well - drained, extremely stony silty clay loams which formed in volcanic ash. Permeability is rapid, runoff is slow, and the erosion hazard is slight. Sugar cane use was typical of this soil type in this area. The Land Study Bureau Overall Master Productivity Rating for the subject area is Class "C" (C177) or fair. This designation suggests that the site has a fair potential for agricultural productivity. The bureau classifies this soil series "Olaa ". This series has moderately dark gray, deep soil. It is somewhat stony and is well drained but moist. It is poorly suited for machine tillability. The State of Hawaii's Agricultural Lands of Importance to the State of Hawaii (ALISH) maps do not classify this site as being either "prime, unique, or other" agricultural land. This is largely due to the fact that this site is within an urban area. TAXMAP 9.. ... _ . . ... .. . .. . • A 7" OS .. , ... , Voi L. 4,11 NI '11! R 33 3 ilt., la m 2 6 '0 t t 1 `1 0 - 14 .. 14 . ..O' . .0 Pl. wide read Aeseneal 1/13,eao ?3 ' ® ih7. 2c, 0+ wide read aaaement rik000¢7 vow.e. 112.' 0 -.. •-, , ". l■ i6. 1 la ' '-°' ' 44 ' • As • 1 .0 la N. 1 t 'W C 4 4 6, ;111 a ; .. Subject Site I .. 3, ii 4 j 1m! ; 1 . in '1 1 ■ a , 0 7 ; \ - ' " - - - - - - - . I _ L , . \ I i___ e 1 , k ! i \ . r ,., ,'.••• 1i .5 n Ni. I . t. ; " t a I ---- — ; .._ 0 ak, q...ti 1 i , H i r.d / ''...... 1.1 Eg 2 6, 1 3. a .f, ;,- I ----' .. — I 31' : : L...JW, I • i 3 3 t ; i: -1-3 .:. : , ; :i;;;; , z ,- - - -- , ,,, a k 1. 1 i• r 0, i a 4 N . i )- I !,, t p , . 1 1 1 1.• ,- R t 1 V1/4 k 1, 4 !,. II .! ?....4, i • . ° . . . 4 • gi ,, z. i 6 6: :'•-•.\':-.-----__ - . , , :- • , , ; •'• --- ----4 . 1.- I 1 ■ 1 ; . '1, \ . -... - Th "--....... \ P f 4 '.. l'i . r., -.. •Z Q1 t \___ i <4 (; ....: -....._ .e1111 0 otoisi,■1 Co ; ,--, ... „...-LP r."44 ® -- --- --, --77----4 ------ ......7.1....- A.LALOA OR/VE Re Ronoaaa AA ..i. 13 A N 7 1 VOVse i 4 -- e.. c.'.: .,... t t it i. 1 el t i n - 4 ' 0 4 ' 5" ,. 41 . ...i 0' I a 4. :4 g ... !.. g■ 1 .4 ''' 4 1 (0 In ■ 0 : ° 1 " in t Ot t IA E t 't t t t t I i ! '. , , .N. V V ■ t V 1 V I. V , 0 t to i ., . a . it, I I t ? i • I ▪ s' x. ; d• 5 ' 2, r; k • , P ; 6,4 ! i t • ' 4 t 6- w i k k 31 R. -I g ... - P,. . - .,,...,, w E g 1 ?1,244N% 0 0 3 .A• Ete.4 _ 6 1 .1‘)' ,----- :?..--: .„. •••=--- -... ,..... 0- , , 00„ . .., I • C. Natural Hazards 1. Drainage The Federal Emergence Management Agency's Flood Insurance Rate Map (FIRM) designates most of the project site to be located in Zone "X ", areas outside the 500 -year flood plain. However, the site is bisected by the floodway and designated "AE ". 2. Tsunami Hazard As the site is located over six miles from the ocean and near the 500 foot elevation, it is located outside of the Civil Defense's Tsunami Evacuation Zone. 3. Volcanic and Earthquake Hazards The United States Geological Survey (USGS) classifies this area, as well as the entire city of Hilo, in Lava Flow Hazard Zone 3, on a scale of ascending risk 9 to 1. There is very little that can be done to mitigate this situation and reflects an ongoing threat to all residents and businesses in these areas. The entire island of Hawaii falls within Earthquake Zone 4, according to the County Building Code. As such, certain structural requirements will be needed and taken during the building permit process by the respective homeowners to address this seismic hazard. C. 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 cleared by bulldozers in the past and is currently being grubbed. Further, the site has been intermittently used in the past for cattle grazing. Although the site has been recently grubbed, a visual inspection of the area suggests the presence of introduced species like the gunpowder tree, abandoned sugar cane stalks, and the "California" grass. There appeared to have been no cultivated plants or trees on the site. Thus, floral impacts should be minimal. FLOOD ZONE MAP la .200 ix_..c. . f \ %...f 6N Y mb E 0 I . t . 0 k sj . ' gi-gial 1.f. ti: g — 1- 1 N / 'J o t 0 l c. 0 .. 1 4 ,.:, , ,..., 1 / ' ■ Z 4 4 .7. ,.. 72' ; 0 '0 1.. •.,0• ,, .‘i 1... ,P, -0 is. s ,., ‘, P. 0 4 i : ,0 ) ii', 0 0 4 0 i I 1 1 i - : 4 I Z * 4 1 ' ll '■ 4 $ -.e. ir, . n..1 ..... . ...,.. _ ._ ...,., I- A. gf• / 41.,,,, ` OL . " V"i 4 AD i ' 7- - .„ - i - _L N V cV 9 .-- •971 - -.0 ••=••••,. 7 1m •I - - • 1 Z i " f:.: 1 1 7) 0 e ® °°- --- ""Iff - f! . f?) k; i.,- 6 kilo i , I • i 11 1 1 1 . C I 0 L.5 .. 1 - ( • -, ) • . ' . - 5. 0 _ 04 l'ji '-"•-■ 7- ---- 1 — <1 ■ ;* -'', Z . J1011! , i 4 4 0 c...'• . * 1 ■Zi 0, 4%, - , ' ...* 4 ,-; g .1: .; ,.% \ .` . 1 . . 1 , • A " :7,. : :. . •-■ . ,4 1 .4. , %I .. • • , 0 . & , N°:•., 4 -,:,..; c) 1 / ,, ' 8 i 1 ---- - - - K I ■ R i / 0 t N,,, --,....--,-- . ..... ,. s, © (I!) 4.:! 6, 5 , . 0 — . 8 . i. 4 4% Il \ i n Alli ' - Mil 11 II . i i i: • irj, v. z 1 li 1 I . I 4 41 4 a 1 4' t 1 11111 oP 4. , 1 c ` . 4 4 rr 4 0 wl ce# E ,. „ . © r - 0 ; v I -,4 -, '211. . ...;■ . ' ............ • 000 V..... .e..1 . OS. 1.S. ...1 1 . t t 0) 4 ■ ', 1 Q; 4 i i 0 • 41 " ,,,S 'f.‘.1 0) tu z:z i _J 0 • :' ki, Z •N ■; ; 4 f Z ZS 401 fl: 4 ' 4 00.006 .. ••• .. - ••• . .... k 1 V 7d — 443 • :. - .. . . . (--- -Th .... - , The site or general area is not known to be a habitat for any rare or endangered animal life. Give its elevation, however, it may be possible to find the Hawaiian Hawk (I'o) and the Hawaiian Owl (Pueo). Given the disturbed and urban nature of the surrounding areas it is quite unlikely that one would find endangered animal life in the area. D. Historic /Archaeological Resources As the site has been cleared and used for sugar cane in the past and cattle grazing, no commissioned archaeological survey of the site was made. The former clearing makes it less likely to find any archaeological features on the site. Then, too, a grubbing permit was recently issued, resulting in the grubbing of the entire property. Nonetheless, during the course of improving the site, should any unanticipated archaeological features or sites be uncovered, work will cease and the applicant will immediately notify the Planning Department. E. Valued Cultural Resources In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Paakai 0 Ka Aina decisions, the issue relative to the 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 the 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. Relative to mountain access, there are no known trails in this area. Furthermore, given its location and surrounding residential subdivisions located mauka of the subject site, no mountain access should be adversely impacted by the development of this site. It is not known whether the subject or immediate surrounding area was used in the recent past for the gathering of plants by Native Hawaiians. However„ as the site has been used for sugar cane or cattle grazing for over 50 years, it would appear unlikely that the site would serve such purpose today. In the unlikely event that legitimate gathering claims are made by Native Hawaiians, the applicant intends to respect and honor such claims and provide the needed access within the site. Based on the above, it does not spear that the project would have any potential adverse impact relative to the cultural and historical resources of the area. F. Water and Coastal Resources The subject site is located well over 4 miles from the coastline. As such, coastal impacts resulting from discharge of wastewater systems from the site should not be significant. Further, being a non - coastal property, no coastal access will be affected. As the wastewater from the project will be serviced by sewer systems meeting the approval of the Department of Health, septic tank or related system meeting with the approval of said agency would be done by the respective property oweners at the time of issuance of a building permit for the proposed lots. G. Noise, Air Quality, and Dust As the site is proximate to Alaloa Road, the ambient noise level relative to traffic is a little higher. Nonetheless, the area is residential in character, and Alaloa Road is not the only feeder road in this area. As such, the addition of vehicular movements by 3 more lots should not generate an appreciably higher level of noise. There will, however, be short-term noise impacts associated with the construction of the infrastructure for the proposed subdivision. Contractors will be required to comply with appropriate noise and relate 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 tie. While there will be an impact to the ambient air quality, the impact should not be significant. With higher EPA standards for 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. H. Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there are sites or areas listed as being a scenic resource. The subject site is not listed as a scenic site. However, there were a few examples cited in the hilo area. The most notable is the backdrop of Mauna Loa and Mauna Kea. The proposed development would not have any visual impacts on these mountains And other listed scenic resources in the area. The site is not situated in an area where it would impede any public views of these mountains. Furthermore, the project is a residential one, where the heights of structures would be generally less than 30 feet and not pronounced. VI. SOCIAL AND RELATED CONDITIONS A. Surrounding Land Uses The predominant land use in this area is single- family residential. With the Exception of a few 1 -5 acre sized lots in the general area, the lots in this area Range between 10,000 square feet to 5 acres in lot area. Figure 1 shows the various lots and general size in this area relative to the proposed site. As such, the Proposed lots would be consistent with land use pattern in the neighborhood. B. Economic Impacts The requested zoning would have some measure of economic impact, as it would Make fee simple lots available to individuals wishing to live in this part of Hilo. In turn, it would minimize the pressure to convert more important agricultural Properties in the South Hilo District for residential uses, and thereby impacting the agricultural industry. Further, there will be some short-term construction activity. And this, could help with the area's economy. C. Agricultural Impacts The site has not been used for intensive agricultural activity. It has been used in The past for sugar cane and intermittently in the more recent past for cattle grazing. While this could continue, it may not be a productive use of the land, given the emerging residential pattern of this area. Although classified "D" or poor by the Land Bureau, the site's relationship To an urban environment is too strong to render the site suitable for agricultural Pursuits. Then, too, the land has not been classified as being important under the ALLISH system. Because of the site's location (Waiakea Uka) and elevation (500 feet), it represents a fairly attractive and popular are for residential projects. As such, if Developed, it would reduce pressures for the development of non - agricultural use Of the better agricultural lands in and around South Hilo and North Hilo, In doing so, it would indirectly help or further the agricultural objectives of the County. VII. INFRASTRUCTURE CONSIDERATIONS Road The project has one access from an approved County Roadway. Access to the lots is from Alaloa Road which is a County Roadway off of Ainola Drive. Alaloa Road is a 40 foot wide paved roadway with a 60 feet future road widening. (10 feet wide on each side) Water There is a County water line fronting Alaloa Road. Those lines would extend to service the proposed lots. According to the discussions with the Department of Water Supply, water is available to accommodate the proposed 4 -lot subdivision. Wastewater • There is no County wastewater system in this area. As such, a septic tank system Meeting with the approval of the Department of health will be allowed. The Respective lot owners will do this at the time of actual construction of the residences. Relative to the coastal ecosystems impact should be negligible if as all as the site is located about 6 miles from the ocean. Solid Waste Solid waste will be handled through commercial haulers or the individual homeowners into authorized landfill sites or transfer stations. Other Governmental Services As this area is already part of the City of Hilo urban area, it is already being serviced. No extension of government services would be required. The Fire Station is located along Kawailani Street, approximately 2 miles away. The Police Station is located in downtown Hilo, approximately 4 miles from the subject site. • Because of the site's location (Waiakea Uka) and elevation (500 feet), it represents a fairly attractive and popular area for residential projects. As such, if developed, it would reduce pressures for the development or non - agricultural use of the better agricultural lands in and around South Hilo and North Hilo. In doing so, it would indirectly help or further the agricultural objectives of the County. vu. INFRASTRUCTURE CONSIDERATIONS Road The project has one access from approved County Street. One of the access would originate from Alaloa Road. Access to the lots is from Alaloa Road a County Roadway off of Ainaola Road. Water There is a County water line fronting Alaloa Road. Those lines would be extended to service the proposed lots. According to the discussions with the Department of Water Supply, water is available to accommodate the proposed 4 -lot subdivision. Wastewater There is no County wastewater system in this area. As such, a septic tank system meeting with the approval of the Department of Health will be allowed. The respective lot owners will do this at the time of actual construction of the residences. Relative to the coastal ecosystems impact should be negligible if at all as the site is located about 6 miles from the ocean. Solid Waste Solid waste will be handled through commercial haulers or the individual homeowners into authorized landfill sites or transfer stations. Other Government Services As this area is already part of the City of Hilo urban area, it is already being serviced. No extension of government services would be required. The Fire Station is located along Kawailani Street, approximately 2 miles away. The Police Station is located in downtown Hilo, approximately 4 miles from the subject site. There are public elementary, middle, and high schools in this general area, all less than 3 miles from the site. There are two county parks less than 2 miles from the subject site. As such, the project should not result in the extension of any government services. Further, the required public facilities are located reasonably proximate to the subject site. Other Utilities All other utilities such as telephone, cable, and electrical services, are available to the site from Alaloa Road. VIII. IMPACT SIGNIFICANCE ANALYSIS A. Relationship Between Local Short -Term Uses of Environment and Maintainace and Enhancement of Long -Term Productivity If the requests were denied, the short-term use of the site would probably be an undeveloped tract of land and used intermittently for cattle grazing. There could also be the possibility of using the land as a large single - family lot. Given the residential and agriculture one acre zoning nature of the general area, it would be the best development for this site. It could be used as a small scale agriculture lots or residential lots with small scale agriculture use. Given those conditions, the project will not result in any significant short or long term adverse impact to the environment. Development of the property will still be agriculture in character and consistent with the lot size of this area. B. Irreversible and Irretrievable Commitment of Resources The subject site will not create any significant adverse effect on the environment those C. Mitigative Measures The applicant intends to provide the required on -site infrastructure in conjuction with the subdivision process. At the same time, any drainage issue will be mitigated, as plans meeting with the requirements of the County would have to be implemented in conjuction with the subdivision approval process. The "AE" flood zone will be left in its natural state. As such, there should be no interruption of the drainage pattern in this area. Relative to archaeological features, the site does not appear to have any, as it has been cleared and grubbed in the recent past. However, should unanticipated archaeological finds be discovered during the construction of the project, work will stop (as required by the State and County) and clearance secured before work will resume. As this site is presently vacant, no person or businesses would be dislocated. D. Alternatives to the Proposed Project 1. No Project Under this status quo alternative, the site will either remain in its present condition as a five -acre agricultural lot with a single - family dwelling. The site, however, would not be utilized to its highest and best use given the low- density urban designation of the General Plan and the State Land Use Urban designation. 2. Evaluation of Alternatives This 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 resulting from this project. Further, the project would be consistent with the land use objectives sought to be accomplished by the County General Plan (LUPAG) map and all other related planning documents affecting the subject site. In view of the aforementioned, it would appear that none of the alternatives would be more prudent and beneficial than the Family Agricullture -1 acre 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 of the County. The LUPAG map designates the site Low Density Urban, and the Planning Director is not proposing any change to this area. This designation allows the requested Family Agriculture -1 acre zoning. B. General Plan Policies The requested zoning would be consistent with the goals, policies, and standards of the general plan document. For one, it would provide short-term economic opportunities largely through the construction of the subdivision and the homes. The project should also 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 wind patterns. Maintaining and improving the quality of the environment is important to the success of this project. The General Plan identifies five (5) areas of environmental concerns- air pollution, water quality, soil pollution, solid waste disposal, and noise pollution. As proposed, the project would not violate any of those objectives. Aside from vehicular transmission, air pollution associated with this project should be negligible. Cesspools should not be used, and instead a septic system or other alternative individual wastewater system meeting with the State Department of Health will be used to address potential groundwater and coastal ( water concerns. If required, a solid waste management plan could be prepared and implemented. The project will also not be a noise one, as residents would come to this area to enjoy its tranquility. Any noise generating facility -such as air conditioners- would be carefully placed to minimize their noise impacts. For the most part, the site is designated Zone "X" on the FEMA map, areas of minimal hazard. The area designated "AE" which bisects the site will be left undeveloped. Nonetheless, in conjunction with the subdivision review process, a drainage system will be developed and implemented to address potential runoff and related concerns. This 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. It is very unlikely that there is any historic site on the property, particularly since the site has been recently grubbed. Not withstanding that situation, work will cease if unanticipated archaeological remains are discovered during the construction of the project and work will resume only after proper clearances from the State and/or County has been received. Being previously used for sugar cane and cattle grazing, the prospect of the site serving as habitat for rare or endangered plant or animal life appears remote. The project will create additional house lots. It should help to diversify the type of house lots in the region, while reducing pressures for the premature conversion of the area's better agricultural lands. In so doing, it would implement the housing element of the General Plan. The plan also emphasizes that developments be mindful of an area's natural beauty. In this situation, the project will be designed in a manner so as to have it blend as much as possible with the existing terrain. As the project site is more than six (6) miles from the ocean, the usual coastal resources concern is not pronounced. There will be no interference with shoreline access. Then, too, through the use of septic system, impacts to the coastal water will be minimized. There will be little impact to public facilities. The wastewater system will be private. The water system will be developed in a manner meeting with the requirements of the Department of Water Supply. Vehicular access within the ( subject site will be provided meeting with the approval of the County, Schools, and other public facilities that are also located proximate to the site, most of them being less than four (4) miles away. Finally, in terms of Land Use, the project would be consistent with the LUPAG map. It would also be generally compatible with the surrounding area. Many of the lots in this are range between 7,500 square feet to 15,000 square feet. There are a few lots greater than 1 acre. Accordingly, the development of this lot represents and "in- filling" of the already established residential pattern of this area. Hilo Community Development Plan The Hilo CDP suggests residential uses for this area, with a density of 10,000 to 15,000 square feet. The requested FA-/a zoning with lots averaging 13,000 square feet would be consistent with those recommended densities. D. Zoning and Subdivision The designated zoning of the site is Family Agriculture (FA This would suggest one unit for every one acre of land. The requirements of the zoning and subdivision codes would be compiled, including use and related development standards. These would also include compliance with any conditions of the zone change. Nancy E. Crawford Mayor Wll)1a1T1 P. Kenoi . ° ° •• • � �I d •• • Finance Director ,��% n __. - Deanna S. Sako Deputy Director • i T •, M. w; .•r ,T E OF County of Hawa DEPARTMENT OF FINANCE - REAL PROPERTY TAX Aupuni Center • 101 Pauahi Street • Suite 4 • Hilo, Hawa 96720 -4679 • Fax (808) 961 -8415 Appraisers (808) 961 -8354 • Clerical (808) 961 -8201 • Collections (808) 961 -8282 75 -5706 Kuakini Highway • Suite 112 • Kailua -Kona, Hawai`i 96740 • Fax (808) 327 -3538 Appraisers (808) 327 -3542 • Clerical (808) 327 -3540 REAL PROPERTY TAX CLEARANCE (Rev. 07/99) July 28, 2009. . TMK: (3) 2 -4- 032 - 012 -0000 This is to certify that the real property taxes due to the County of Hawa on the parcel referenced above have been paid up to and including June 30, 2009. This real property tax clearance was requested by AKIYAMA, KEVIN KEN TRST, for the County Planning: Department and is issued for the above referenced parcel o Reference: do 3edeez Toni Ann 0 oriano, Tax Clerk Collectio - REAL PROPERTY TAX. DIVISION • Hawaii County is an Equal Opportunity Provider and Employer • VICINITY MAP • • • off `Oi i �o • 9 d dy . � * - • Q - ..— • __ ‘.....:--„-- ._ . --... ' ' '' i. ii ! l i — _ 0 • • O II;I v / t 5- � `� Q O Cr; - J I. T i i F ,�{ i, S /1 �S d d l >1 L r j g � JJ t '1 1, - T Sl - t I r 4 I s _ 1 1a+tl�d r , x Q _ ' �.~ . uJ i_1/.L �1 ` ,- - ,171.1 - 1 ` 1 � � I - T -t r - -t a J , 1 + \r, ' � � j ry = 1 y � - • 1J_.. a Q 1 /t •-t �. T i 1 F"_ i ,_i t\ ',Ti---1-2:-.3:.,..17,...Y. f 111 fq r J • T b • - -fi r ` - r 5 �f �f� 4 y ' rr d r tN'd1F M W O i t11. • IdQdHV O F-_: = — _ — v ;`, _ • d .i • Q - -- -' -- - .. r _ • • - � ; ..___ ,-1--",---f *aN(df1d�M __ _ 1s �5S{a . : a J • • • a SNl6t NVVJ ccf) IS Ol3MON C' ' • • , IOOB S 110111 VM Y • PAUL H. MURRAY, LPLS ` . c PAUL H. MURRAY & ASSOCIATES, LLC LICENSED PROFESSIONAL LAND SURVEYORS P.O. BOX 1189 HILO, HI 96721 -1189 PHONE: (808) 959 -8595 FAX: (808) 959 -0355 DATE: August 19, 2009 Ms Nancy McMahon, Deputy Director Historic Preservation Division Department of Land and Natural Resources 601 Kamokila Boulevard, Room 555 Kapolei, Hi 96707 Dear Ms. McMahon RE: Request for "No Historic Properties Affected" Determination Waiakea Homesteads, So. Hilo. Hawaii, TMK: (3) 2- 4- 032:012 (Lot 2) As part of the permit submittal requirements, the Hawaii County Planning Department is requesting either an archaeological inventory surveyor a letter to your office requesting a "No Historic Properties Affected" - (termination. In this situation, on behalf of the applicant Kevin Ken Akiyama, I am requesting such .atermination of the subject property. The Site consists of 5 acres located on the west side of Alaloa Road in the Waiakea Homesteads area of the City of Hilo. The site is presently being used as a single family residence. 1 am enclosing a copy of the site and related plans for your information. 1 trust that the information insufficient for you to make such a determination. Alternatively, if you need more information or have questions on this matter, please feel free to contact me. Thank you very muchl Respectfully Submitted, @P LICENSED H. MUR - AY 5< ASSOCIATES, L - P{�OFESSIDNAL * LAND * // SURVEYOR Paul H. Murray LPL No. LS -7589 Licensed Profession . . nd Surveyor Q ,. Certificate Numb - . : - '9{ t 1 U S . License Expiration Date: April 30, 2010 Enclosure: Copy- Kevin Ken Akiyama w/o enclosure AUG - 17 - 2009 MON 03 :47 PM CI-EIS &1IU1 TE FAX No. 9351313 P.001 • F 4 1.* R.452 1TATE OP HAWM BUREAU OP C' NVEYANCS$ > " ='' . - APR 22, 2008 08 :02 AM .1 ti , L DQC No(s) 200L-080S78 111111111111.1111111 isl NICKI ANN SON 20 111 28 ooNVEYANCE TAX:10.00 LAND pouwr sYsiBm. ,/ REGULAR SYSTEM i p ( ) AFTER RECORDATION, RETURN 13Y Mail (X) icla Nakatnoto, Okamoto & Yamamoto 187 KapioIani Street • Ri ;o,1-Iawaii 96720 Order of Recording TITLE OF DOCUMENT: DEW. PARTIES TO DOCUMENT: Grantor: KEVIN KEN AKIYAMA, ulmathed; • Grantee: KEVIN KEN AKIYAMA, Trustee of the KEVIN KEN AKIYAMA Revocable Living Trust dated 11?' i l `d .. . whose address is 124 Alaloa Road, Hilo, Hawaii 96720. Affects: TMK (Q 24-32:12 This d omen contains F . 1 . • AUG -17 - 2009 M0N 03:47 PM 0R1SNLI{lJd1E FAX No. 9351313 P. 002 DEED KNOW ALL MEN BY THESE PRESENTS: That KEVIN KEN AKIYAMA, unmarried, whose address is 124 Alaloa Road, Hilo, Hawaii 96720, hereinafter called the Grantor, for and in consideration of the sum of ONE DOLLAR ($1 to him in hand paid by KEVIN KEN AKIYAMA, Trustee of the KEVIN KEN AKIYAMA Revocable Living Trust dated tip( l ` 104 ... , whose address is 124 Alaloa Road, Hilo, Hawaii 96720, hereinafter called the Grantee, the receipt whereof is hereby acknowledged, has sold and by these presents does hereby bargain, sell, assign, convey and transfer unto the said Grantee, all ofthe property described in Exhibit A attached hereto and by reference made a part ( hereof, TOGETHER with all and singular the improvements, tenements, rights, easements, pzivlteges, hereditamants and appurtenances thereunto belonging, or in anywise appertaining, and'the reversion and reversions, remainder and remainders, rents, issues and profits thereof, TO HAVE AND TO HOLD the same unto the said Grantee, his heirs and assigns and successors in trust, forever, for the uses and purposes set forth in said KEVIN KEN AKIYAMA Revocable Living Trust, as the same now exists or as it may hereafter be amended, with full power in the Trustee to' sell, convey, exchange, mortgage, lease, assign, hold, or otherwise deal with and dispose of the said property in accordance with the terms of said KEVIN KEN AKJYAMA Revocable Living Trust. And'the said Grantor does hereby covenant to and with the said Grantee, his heirs and assign and successors in trust, that he is seized in fee of the said granted premises; that he has good • 2 • AUG 17 MON 03 :48 PM t*!SEAT FAX No 9351313 P. 003 • • right and lawful authority to sell and convey the VOW; that the same is free and clear of encumbrance of every kind and character, save and except as noted on said Exhibit A; and that he will and bis heirs and assigns shall WARRANT and DEFEND the little thereto against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto set his hand on this 4 6 4 " day of Phi _ , 200 , • • • -1 ' IN KEN AKIYAMA • 3 AUG - 2009 MON 03:48 PM C ISERIU{iNtE FAX No. 9351313 P. 004 • • , STATE OF HAWAII ) ): ss. COUNTY OF HAWAII ) On this `' day of n 1 _ , 2001, before me personally appeared KEVIN KEN AMY - AMA, to me personally known who, being by me duly sworn or affirmed, did say that such person executed the foregoing instrument as the free aet and deed of such person and if applicable in the capaelty shown, having been duly authorized to execute such instrument in such capacity. /MUM Y. KAM M:LW Notary Public State of Hawaii My commission expires: 7/94 1 ' Doc. Date: 4 IS • 043 Pages: S Name: JAN i(_ i Y. KA sk 3 Circuit Document Description: Deed from KEVIN KEN AKIYAMA to KEVIN KEN AK,IYAMAA, Trustee of the KEVIN KEN AKIYAMA Revocable Living Trust; TMKNo. (3) 2 -442: 12 i; atary Signature r/ Date NOTARY CERTIFICATION (Seal or Stamp) • • 4 • AUG-17 - 2009 MON 03:48 PM CLR1S [UINIE FAX No. 9351313 P.005 4 • EXHIBIT A ALL of that certain parcel of land (being portion of the land(s) described in and covered by Land Patent Grant Number 8640 to Kaena K. Kee ,11e) situate, lying and being at Waiakea, District i of South Hilo, Island and County of Hawaii, State of Hawaii, being LOT 2 of the WAIAKEA HOMESTEADS 2ND SERIES ", and thus bounded and described: Beginning at the northwest corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HA_LAI ", being 20,030.94 feet south and 1,909.86 feet west, and running by azimuths measured clockwise from true South: 1. 265 ° 40' 967.94 feet along Lot 1; 2. 355 ' 40' 225.00 feet along Homestead Road; 1 85 ' 40' 967.94 feet along Lot 3; 4. 175 ° 40' 225.00 feet along Lot 5 to the point of beginning and containing an area of 5.00 acres, more or less. ( Being the same land described in Warranty Deed dated January 24, 2006 and recorded in the Bureau of Conveyances of the State of Hawaii as Document No. 2006 - 018793. • • • S • * LOT 5 A OWNERS: MARION MATTOS a m Z 7 cN a N N z - e O MATTOS CHILDREN TRUST Zv c z • > o � o c p5 Z 175° 40' > 27 .00 r Zm >X am m m z G V 6 N �opm C o � 1W-7; .*: m ° g �DOVC� ( \ � � ZO ,� Z3 r - , 1 - 70NA� m (1' Y '.� r- �,� ,:q N O C�71 M 0 m [�DnO m GI -�1 o * * R >- IV v Torn N K7a NCm 0 S m(.0 F -04 0,v6.. Z 1'" C ° D N ).-15 9mc- - D---11 C QQ 1 , qy„ V >> O- Z > 7a T Z y 7vaz zz Ill m If, 7 , vF 1*7Z r r >Z m N m 94 ,---V S 0 > - n 9.71F = D. F 07 r� i Z > C7 m oil ZcOC ` _ : v 07 2 pNf X - -- ` m> 0 - Z t - ;0Z tm IV cm 7a o 0 , KZ 73 N P . < c A Q10 m = o n � Zr ..% 70 i A N "I m A 0 g„, �� > 01 Z r c 0iK t �m Z > m � 7a 355° 40' < 225.00 , P 3 m m " > m r 185.00 40.00 ', y a° 5i z 7 z p , - coil ' 0 0D 70 l t 61 K pO 2 70 -t 7T i m T. N 0 0 0 g . 4. o -j ° D e G�;+_ O. z 0 ' "r• N a m z � C - ZO Q .� n �' g CA 0 Z & rn o m m :¢ 0 T 2-< D 3 7 r0 1— O �O ,-- p (S' (r 0 O S m O 355° 40' < 205.00 . b m O Z =D7aN (-2; o � F y9 z Z 1 ZC3 o Q 1 0 CA -1 N 0 1 — P c .N (- O C3 `° ' r ' A S ? CPC>4p = � o =�� v. C DyN�` n v o tg VII' q` 70 Z p N (S) Z rn CA 1C4% 0 > 7' o o > p -< 0 m aD D= D 0 Q 355 40' < 205.00 i v' DOZO N cc) o o . �° y p I-1 o---% . o Z ND a� y0 7N M III c r D in _ m D i l lm N r ; DWELLING N �- BUILT 1978 0 —� — , ,, a * o1 v e ° 185.00 • '.o� N 355 40' < . • 7% C) �. ' LALOA ROAD N E C�]7C N 0 -i 0 0 N 0 o( g z N so PAUL H. MURRAY, LPLS - : C gNny�� PAUL H. MURRAY & ASSOCIATES, LLC LICENSED PROFESSIONAL LAND SURVEYORS P.O. BOX 1189 HILO, HI 96721 -1189 PHONE: (808) 959 -8595 FAX: (808) 959 -0355 * LIST OF NAMES, ADDRESS AND TAX MAP KEYS OF ALL OWNERS OF PROPERTIES WITHIN BOUNDARIES ESTABLISHED BY SECTION 25 -2-4 OF THE ZONING CODE. * 1. (3) 2-4 -032:015 Marion Mattos Children Mattos, Trust 1115 -H Ainaola Drive Hilo, Hawaii 96720 2. (3) 2-4- 032:009 Henry A Giraud Lois M Giraud P.O. Box 6853 Hilo, Hawaii 96720 3. (3) 2-4- 032:008 Henry A Giraud Lois M Giraud P.O. Box 1408 Kurtistown, Hawaii 96760 4. (3) 2- 4- 032:014 Norman Kanakanui Trust Laverne M Kanakanui Trust P.O. Box 5843 Hilo, Hawaii 96720 5. (3) 2-4 -033:034 Lawrence K Aono Trust Alice A Aono Trust 2092 Hale Hooko Street Hilo, Hawaii 96720 6. (3) 2-4 -033:009 Yuriko Yamauchi Darlene N Yamauchi, TR Joanne S Yamauchi, TR P.O. Box 205 Hilo, Hawaii 96721 7. (3) 2-4 -033:999 Road Page 1 of 4 8. (3) 2-4- 033:003 Rodney Yamaoka Karen Yamaoka 1045 27 Street San Diego, Ca 92154 9. (3) 2-4 -033:003 Larry Yamaoka 530 Sunshine Acres Drive Eugene, OR 97401 10. (3) 2-4- 033:004 Toribio Sagucio Mauro Sagucio Francisca Tsukiyama Victorino Sagucio 61 Alaloa Road Hilo, Hawaii 96720 11. (3) 2-4 -033:004 Beatrice S Serain Philomin Mendoza 109 Alaloa Road Hilo, Hawaii 96720 12. (3) 2-4- 032:019 Harold Matsuura Patsy R Matsuura Marc M Matsuura Jodi M Matsuura -Eaves P.O. Box 4054 Hilo, Hawaii 96720 13. (3) 2-4 -032:020 Carrie Aguiar P.O. Box 335 Hakalau, Hi 96710 14. (3) 2-4- 032:030 Edmund E Mozulay TRS 11187 Carlota Street San Diego, Ca 92129 15. (3) 2-4 -032:031 Florence S Ha Richard Ha, Jr Tr 421 Lama Street Hilo, Hawaii 96720 Page 2 of 4 16. (3) 2- 4- 033:002 Tetsuko Yamashita Rene T Yamashita Alva M Yamashita Lori K Yamashita 945 Ainaola Drive Hilo, Hawaii 96720 17. (3) 2- 4- 033:999 Road 18. (3) 2-4 -032:005 Cary Takenaka Yupin Takenaka P.O. Box 894273 Mililani, Hawaii 96789 19. (3) 2-4- 032:006 Rita C Pascua TRS 185 Alaloa Road Hilo, Hawaii 96720 20. (3) 2-4- 032:007 Darren K Horio 155 Alaloa Road Hilo, Hawaii 96720 21. (3) 2-4 -032:010 Jay J Serain, TR Nancy Ballo Beatrice S Serain, TR Karon P Serain - Darnall Rudy D Serain 63 Alaloa Road Hilo, Hawaii 96720 22. (3) 2-4- 032:010 Bryson Ballo Jay Serain 988 Ainaola Drive Hilo, Hawaii 96720 23. (3) 2- 4-32:011 Ethel Souza, TR 102 Alaloa Road Hilo, Hawaii 96720 24. (3) 24-032:012 Kevin K Akiyama 124 Alaloa Road Hilo, Hawaii 96720 Page 3 of 4 ti 25. (3) 2-4- 032:013 Melvin K Inouye Leilani J Inouye 150 Alaloa Road Hilo, Hawaii 96720 26. (3) 2- 4- 033:010 Tammy T Ishii 272 Mohouli Street Hilo, Hawaii 96720 27. (3) 2- 4- 033:043 Roy Y Ogawa Yun C Ogawa P.O. Box 5854 Hilo, Hawaii 96720 28. (3) 2- 4- 032:016 Children Mattos TRUST c/o Richard S Mattos 1115 -H Ainaola Drive Hilo, Hawaii 96720 Page 4 of 4 To Planning Department March 31, 2010 A change of zone application sign has been posted at 124 Alaloa Rd. Hilo, Hawaii. 96720. The sign is in compliance with chapter 3 (signs). Hawaii County Code 1983 (2005 Edition). See attached picture. Kevin A i ama i Notarized by, STATE OF HAWAII ) SS COUNTY OF HAWAII) ,. Doc. Date: 1 4 t' \ -0 # Pages: Notary Name:Mot wL L L. S1 l'4t —.3 " Circuit Subscribed c d swcn1 to before me Doc. Description: \ Reno L � � . � �F F� 4-v- ci V — MM - t W tt3 p No a Si ature Date NOTARY CERTIFICATION L 4 A % 1. NotciIy liv, v• i .,:'• `,; i ,i.3wall My. y Ca�11l S$ on expires io - f -r ,• G $ .. ... - -- -- NOTARY "...+% Pot-IC j * * p 96445 DEPARTMENT OF PUBLIC WORKS ,M —2 P 2: 26 COUNTY OF HAWAII H I LO, HAWAII DATE: June 2, 2010 NeageneadaM TO: BJ Leithead Todd, Planning Director FROM: � .V Department of Public Works SUBJECT: CHANGE OF ZONE APPLICATION (REZ 10- 000125) Applicant: Kevin Ken Akiyama Request: A -3a to FA-la Tax Map Key: 2 -4 -32: 012 We have reviewed the subject application forwarded by your memo dated May 17, 2010 and offer the following comments for your consideration. A portion of the subject parcel is in an area designated as Flood Zone AH on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Flood Zone AH is the Special Flood Hazard Area inundated by the 100 -year flood where flood depths are 1 to 3 feet (usually areas of ponding). Any construction shall comply with Chapter 27, Floodplain Management, of the Hawaii County Code. The Zoning Map (Ordinance No. 187) classifies Alaloa Road as a collector. It has an existing right -of -way width of 40 feet. Install streetlights and traffic control devices as may be required by the Traffic Division, Department of Public Works. The applicant shall be responsible for the design, purchase, and installation of such devices. Questions may be referred to Kelly Gomes at ext. 8327. ..._�t` T V! s 0 k ' Planning Dept. `' 3 I` Exhibit Z County of Hawaii is an Equal Opportunity Provider and Employer i of WATfR`- `,op�4 S G A A z 19'. 49 ' DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII G y T yppHAWp \ \ ,P 3 4 5 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720 TELEPHONE (808) 961 -8050 • FAX (808) 961 -8657 June 16, 2010 TO Ms. BJ Leithead -Todd, Planning Director'' Planning Department FROM Milton D. Pavao, Manager SUBJECT: CHANGE OF ZONE APPLICATION (REZ 10- 000125) APPLICANT — KEVIN KEN AKIYAMA REQUEST: A -3a TO FA -la Lt.; TAX MAP KEY 2 -4- 032:012 We have reviewed the subject application and have the following comments and conditions. Water can be made available from an existing 6 -inch waterline within Alaloa Road fronting the subject parcel. The subject parcel is served by an existing 5/8 -inch meter, which is limited to an average daily usage of 400 gallons and suitable for only one single- family dwelling. Pursuant to Rule 5 of the Department's Rules and Regulations, the Department requests that the applicant remit a water commitment deposit of $450.00 for the three (3) additional lots as soon as possible so that a water commitment may be formally effected. The commitment will be in writing with specific dates and conditions stated. Please note that the water commitment deposit will be credited towards the final facilities charge due for the subdivision. Please be informed that final subdivision approval will be contingent on the following conditions: 1. Construct necessary water system improvements, which shall include, but not be limited to, the following: a. extension of approximately 650 feet of 6 -inch water main along proposed Road Lot 2 -E, capable of providing water at adequate volume and pressure under peak -flow and fire -flow conditions, b. service laterals that will accommodate a 5/8 -inch meter fronting each additional lot, c. installation of at least one (1) fire hydrant along proposed Road Lot 2 -E and within 300 feet of proposed Lots 2 -B, 2 -C, and 2 -D (there is an existing fire hydrant within Alaloa Road capable of providing fire protection for proposed Lot 2 -A), and d. subject to other agencies' requirements to construct improvements within the road right -of -way fronting the property affected by the proposed development, the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities, should they be necessary. Planning Dept. ' SCANNED Exhibit,____ ati4°' 7 BY: 3 ... Water, Our 9vfost Precious Resource ... 7(a Wai Koine ... The Department of Water Supply is an Equal Opportunity provider and employer. Ms. BJ Leithead -Todd, Planning Director Page 2 June 16, 2010 Construction plans, prepared by a professional engineer registered in the State of Hawai`i, showing the above improvements must be submitted for review and approval. 2. Remit the prevailing facilities charge, which is subject to change of $16,500.00, as shown below: FACILITIES CHARGE (FC): Three (3) additional units of water @ $5,500.00 /unit $16,500.00 Total Facilities Charge (subject to change) $16,500.00 This is due and payable upon completion of the necessary water system improvements and prior to final subdivision being granted. 3. Submit the appropriate documents, properly prepared and executed, to convey the water system improvements and necessary easements to the Water Board of the County of Hawai`i prior to final subdivision approval being granted. A registered land surveyor shall stamp and certify the metes and bounds description within the conveyance documents. However, prior to water meter services being granted to the development, or any Lots within, the conveyance documents shall be accepted by the Water Board. Should there be any questions, you may contact Mr. Finn McCall of our Water Resources and Planning Branch at 961 -8070, extension 255. o Sincer- p ours, ._) Milt.i 1). Pavao, P.E. t Man. ge FM:dfg copy - Mr. Kevin Ken Akiyama Paul H. Murray & Associates, LLC William P. Kenoi i ";� . • Lono A. Tyson Mayor tee. Director William T. Takaba s E •o w-- - ---- Ivan M. Torigoe Managing Director Deputy Director Coutt r of 7 14h xnf `t DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuui Street • Hilo, Hawaii 96720 (808) 961 -8083 • Fax (808) 961 -8086 http: / /co.Hawai'i.hi.us /directory /dir envmng.htm MEMORANDUM Date : May 21, 2010 To . BJ LEITHEAD TODD, Planning Director From: LONO A. TYSON, Director yj Subject: Change of Zone Application (REZ 10- 000125) Applicant: Kevin Ken Akiyama • -- Request: A -3a to FA -la TMK: 2 -4 -32:12 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: Rj1;6 R T8 Co tM ktaS WASTEWATER COMMENTS: (Contact Wastewater Division for details.) ( al 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 Hawai i County Code. Complete D.E.M. Sewer Extension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23 -85 of the Hawai' i County Code. ( ) If required by the Director of the Department of Environmental Management ( "Director of DEM "), applicant shall conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. Applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require, which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief for details. ( ) Other: SOLID WASTE COMMENTS: (Contact Solid Waste Division for details.) ( ) No comments (`K ) Commercial operations, State and Federal agencies, religious entities and non - profit organizations may not use transfer stations for disposal. (X) Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. () Ample and 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 stat Dept other suitable diversion programs. (X) Construction and demolition waste is prohibited at all County Transfer Stations. Exhibit ('c) 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 statw. ( ) Other: 3 ��•jj 3 cc: SWD, - D County of Hawai`i is an Equal Opportunity Provider and Employer. vi OF `�'!� William P. Kenoi :.;� . ; >,�;,? Lono A. Tyson Mayor Director O F�H Ivan Torigoe • Deputy Director Count of gintintil 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: Y eAKI- 4. Irk Lono A. Tyson DIRECTOR County of Hawai' i is an Equal Opportunity Provider and Employer. • / / , ® /� o h • William P. Kenoi '= t f g . • :1,, ; • `; Harry S. Kubojiri Mayor - Police Chief OF• :- a 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 May 25, 2010 TO : BJ LEI,jr E A D TODD, PL' ► DIRECTOR FROM : D ACHECO, ASSISTANT POLICE CHIEF AREA I OPERATIONS SUBJECT: CHANGE OF ZONE APPLICATION (REZ 10- 000125) APPLICANT: KEVIN KEN AKIYAMA REQUEST: 1 -3A TO FA-1A TAX MAP KEY: 2 -4 -32:12 Staff, after review of the provided documents and visiting the project site, does not anticipate any significant impact to traffic and /or other public safety concerns. Thank you for allowing us the opportunity to comment. If you have any questions, please contact Captain Kenneth Vieira of our S. Hilo Patrol Division at 961 -2214. KV:Ili Plannin Dept. SCANNED Exhibit AY 70, "Hawai`i County is an Equal Opportunity Provider and Employer" William P. Kenoi " 1 z - ; / Darryl J. Oliveira � Mayor �iOwi ! Fire Chie f ' ..: F Ef : r ° -- I• 1 � os NP Glen P. I. Honda t , �.......,, Deputy Fire Chief (ourntp of R)akoai`i HAWAII FIRE DEPARTMENT 25 Aupuni Street • Suite 2501 • Hilo, Hawaii 96720 (808) 932-2900 • Fax (808) 932 -2928 May 24, 2010 TO: BJ LEITHEAD -TODD, PLANNING DIRECTOR FROM: DARRYL OLIVEIRA, FIRE CHIEF SUBJECT: CHANGE OF ZONE APPLICATION (REZ 10- 000125) APPLICANT: KEVIN KEN AKIYAMA REQUEST: A -3a to FA -la TAX MAP KEY: 2 -4 -32:12 In regards to the above - mentioned Change of Zone application, we offer the following response: 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. Dept. SCAN E � Planning . � � Exhibit MA ! 7; ;, n ak,A By 0_6 0:5.. Hawai'i County is an Equal Opportunity Provider and Employer. Iii= BJ Leithead -Todd May 24, 2010 Page 2 "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). "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) BJ Leithead -Todd May 24, 2010 Page 3 "(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 %) "(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." ARR L OLIVEIRA Fire Chief GA:lpc • _ � E „aF N LAIRAH.THIELEN g 'I \ UNIDA E H y P � �P B�I ti 9 ie on 11 ■� t > n OU � \I l w F.ce nr is GO \'RNOR OR OF F HAWAII _ r \ \\ V * 9 e of „and and N • o'i llf STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION St ate of Ha 'Na” POST OFFICE BOX 621 HONOLULU, HAWAII 96809 May 21, 2010 County of Hawaii Planning Department 101 Pauahi Street Suite 3 Hilo, Hawaii 96720 Attention: Ms. Maija Cottle Ladies and Gentlemen: Subject: Change of Zone Application (REZ 10- 000125) f Thank you for the opportunity to review and comment on the subject matter. The Department of Land and Natural Resources' (DLNR) has no other comments to offer on the subject matter. Historic Preservation will be responding through a separate cover letter. Should you have any questions, please feel free to call our office at 587 -0433. Thank you. Sincerely, e' Morris M. Atta Acting Administrator ,rte. Pv � ? x d .,. .ANNED Planning Dept. p o o Exhibit 1 LINDA LINGLE ,. o F ti CHIYOME L. FUKINO, M.D. GOVERNOR y Director of Health ■ . yc ;;. STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721 -0916 MEMORANDUM DATE: May 19, 2010 TO: Bobby Jean Leithead Todd Planning Director, County of Hawaii FROM: Newton Inouye A Acting District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 10- 000125) Applicant: Kevin Ken Akiyama Request: A -3a to FA -la Tax Map Key: 2 -4 -32:12 The use of individual wastewater systems is allowed. The type and number of individual wastewater systems to be used will be determined by the wastewater rules in effect at the time of building permit application. The Department of Health (DOH), Clean Water Branch (CWB), acknowledges receipt of the subject document on May 19, 2010. The CWB has reviewed the limited information contained in the subject document and offers the following comments: 1. The Army Corps of Engineers should be contacted at (808) 438 -9258 for this project. Pursuant to Federal Water Pollution Control Act (commonly known as the "Clean Water Act" (CWA)), Paragraph 401(a)(1), a Section 401 Water Quality Certification (WQC) is required for "[a]ny applicant for Federal license or permit to conduct any activity including, but not limited to, the construction or operation of facilities, which may result in any discharge into the navigable waters... ". The term "discharge" is defined in CWA, Subsections 502(16), 502(12), and 502(6); Title 40, Code of Federal Regulations, Section 122.2, and Hawaii Administrative Rules (HAR), Chapter 11 -54. 2. In accordance with HAR, Sections 11 -55 -04 and 11 -55- 34.05, the Director of Health may require the submittal of an individual permit application or a Notice of Intent (NOI) for general permit coverage authorized under the National Pollutant Discharge Elimination System (NPDES). Planning D pt. 6 351 0 Exhibit By .BJ Leithead Todd May 20, 2010 Page 2 of 3 a. An application for an NPDES individual permit is to be submitted at least 180 days before the commencement of the respective activities. The NPDES application forms may also be picked up at our office or downloaded from our website at: h.ttp: / /www.hawaii .,gov /health /environmental /water /cleanwater /forms /indi v- index.htrl. b. An NOI to be covered by an NPDES general permit is to be submitted at least 30 days before the commencement of the respective activity. A separate NOI is needed for coverage under each NPDES general permit. The NOI forms may be picked up at our office or downloaded from our website at: http: / /www.hawaii. gov /health/environmental /water /cleanwater /forms /genl - index.html. i. Storm water associated with industrial activities, as defined in Title 40, Code of Federal Regulations, Sections 122.26(b)(14)(i) through 122.26(b)(14)(ix) and 122.26(b)(14)(xi). [HAR, Chapter 11 -55, Appendix B] ii. Construction activities, including clearing, grading, and excavation, that result in the disturbance of equal to or greater than one (1) acre of total land area. The total land area includes a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under a larger common plan of development or sale. An NPDES permit is required before the commencement of the construction activities. [HAR, Chapter 11 -55, Appendix C] iii. Discharges of treated effluent from leaking underground storage tank remedial activities. [HAR, Chapter 11 -55, Appendix D] iv. Discharges of once through cooling water less than one (1) million gallons per day. [HAR, Chapter 11 -55, Appendix E] v. Discharges of hydrotesting water. [HAR, Chapter 11 -55, Appendix F] vi. Discharges of construction dewatering effluent. [HAR, Chapter 11 -55, Appendix G] vii. Discharges of treated effluent from petroleum bulk stations and terminals. [HAR, Chapter 11 -55, Appendix H] viii. Discharges of treated effluent from well drilling activities. [HAR, Chapter 11 -55, Appendix I] ix. Discharges of treated effluent from recycled water distribution systems. [HAR., Chapter 11 -55, Appendix J] •..BJ Leithead Todd May 20, 2010 • Page 3 of 3 x. Discharges of storm water from a small municipal separate storm sewer system. [HAR, Chapter 11 -55, Appendix K] xi. Discharges of circulation water from decorative ponds or tanks. [HAR, Chapter 11 -55, Appendix L] 3. In accordance with HAR, Section 11- 55 -38, the applicant for an NPDES permit is required to either submit a copy of the new NOI or NPDES permit application to the State Department of Land and Natural Resources, State Historic Preservation Division (SHPD), or demonstrate to the satisfaction of the DOH that the project, activity, or site covered by the NOI or application has been or is being reviewed by SHPD. If applicable, please submit a copy of the request for review by SHPD or SHPD's determination letter for the project. 4. Any discharges related to project construction or operation activities, with or without a Section 401 WQC or NPDES permit coverage, shall comply with the applicable State Water Quality Standards as specified in HAR, Chapter 11 -54. Hawaii Revised Statutes, Subsection 342D -50(a) requires that "[n]o person, including any public body, shall discharge any water pollutants into state waters, or cause or allow any water pollutant to enter state waters except in compliance with this chapter, rules adopted pursuant to this chapter, or a permit or variance issued by the director." If you have any questions, please contact Ms. Joanna Seto, Supervisor of the Engineering Section, CWB, at (808) 586 -4309. Lands formerly used for sugarcane production are now being developed into communities where residential homes, schools and commercial businesses are being constructed. Chemicals associated with the sugarcane industry persist in soil today and may be a threat to public health and the environment. Elevated arsenic levels were discovered in soil at former sugarcane production areas on the islands. The HEER Office has identified former sugarcane production areas for assessment throughout the state and plans to work with property owners to conduct environmental assessments to identify and address elevated soil arsenic levels prior to finalizing development plans for the properties. We recommend that you review all of the Standard Comments on our website: http:// hawaii. gov / health / environmental / env- planning/landuse /landuse.html. Any comments specifically applicable to this project should be adhered to. The same website also features a Healthy Community Design Smart Growth Checklist (Checklist) created by Built Environment Working Group (BEWG) of the Hawaii State Department of Health. The BEWG recommends that state and county planning depaitments, developers, planners, engineers and other interested parties apply the healthy built environment principles in the Checklist whenever they plan or review new developments or redevelopments projects. We also ask you to share this list with others to increase community awareness on healthy community design. WORD:REZ 10- 000125.my RAkiyama- RE7_10- 125 .jwd- 07 -22 -10 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION KEVIN KEN AKIYAMA CHANGE OF ZONE APPLICATION (REZ 10 -125) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation for the Change of Zone request from Agricultural 3 -acre (A -3a) to Family Agricultural 1 -acre (FA -la) be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and /or alter this recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant requests a Change of Zone from Agricultural 3 -acre (A -3a) to Family Agricultural 1 -acre (FA -1a) for approximately 5 acres of land in order to allow subdivision of the property into approximately four lots which would be distributed to family members or sold. The change of zone request from A -3a to FA -la will conform to, among others, the Land Use element and Land Use Pattern Allocation Guide (LUPAG) Map of the General Plan. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The Land Use- Agriculture element of the plan seeks to protect and maintain important agricultural lands from urban encroachment. However, the subject property is not classified as important agricultural land and has not been in agricultural use since it was cultivated for sugar. In fact the LUPAG Map, which establishes the basic urban and non -urban form for areas within the County designates the subject property as Low Density Urban which allows for residential uses with an overall -1- density of up to six units per acre, ancillary community and public uses, and neighborhood and convenience -type commercial uses. The purpose of the Family Agricultural district, according to the Zoning Code, is to provide for a blend of small -scale agricultural operations associated with residential activities which may be characterized by farm estates, small acreage farms, or subsistence lots in areas where public services and infrastructure are appropriate to support the very low density residential needs of the community and where a substantial number of surrounding parcels are less than five acres in size. Surrounding properties are similarly zoned A -3a and consist of agricultural uses, scattered dwellings and vacant lots. Further north are properties zoned A -la, RS -7.5, RS -10, RS -20 and CN -10. Based on the above, a change of zone to the FA district classification is appropriate in this area and the request is consistent with the General Plan. All essential utilities and services are available to the site. Access to the property is from Alaloa Road, which is a 16 -foot paved two -lane County road within a 40 -foot right -of -way. The City of Hilo Zone Map designates Alaloa Road as a 60 -foot right -of -way. Therefore, a condition of approval will require the applicant to convey a 10 -foot wide future road widening lot to the County prior to final subdivision approval. According to the Department of Water Supply, water can be made available to the property via an existing 6 -inch waterline within Alaloa Road. The applicant will be required to construct necessary water system improvements, including but not limited to, (a) the extension of approximately 650 feet of 6 -inch water main along the proposed Road Lot 2 -E, capable of providing water at adequate volume and pressure under peak - flow and fire -flow conditions, (b) service laterals that will accommodate a 5/8 -inch meter fronting each additional lots, and (c) installation of at least one fire hydrant along proposed Road 2 -E and within 300 feet of proposed Lots 2 -B, 2 -C and 2 -D. Conditions of approval will be added requiring the applicant to comply with the additional water improvements meeting with the requirements of the Department of Water Supply. As there is no municipal sewer system in the area, wastewater will be disposed of into septic tank systems meeting the standards and requirements of the State Department of Health. Solid waste will be disposed of by commercial haulers or individual homeowners into an approved landfill. Electrical and telephone services are available to -2- the site. Police services are located about 4 miles away in downtown Hilo and fire services area located within 2 miles of the property on Kawailani Street. Medical services are available in Hilo. The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management Area. The subject property is located over four miles from the shoreline and is not in the Special Management Area. Thus, the property will not be affected by coastal hazards and beach erosion. There are no identified recreational resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources on the subject property. In view of the Hawai`i State Supreme Court's "PASH" and "Ka Pa 'akai 0 Ka Aina " decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: • Investigation of valued resources: No formal archaeological reconnaissance survey, oral history of kama`aina accounts of the area, historical survey of documentary records, or botanical study was included in the application. • The valued cultural, historical, and natural resources found in the rezoning area: The property has been cleared and used for the cultivation of sugarcane and cattle grazing in the past and is currently used for residential purposes. As such, it is anticipated that no historic properties will be affected. In a letter dated August 19, 2009, the applicant requested a "no- effect" letter from the DLNR State Historic Preservation Division. As of the date of this writing, there has been no response from the DLNR -State Historic Preservation Division. A condition of the change of zone will require that the applicant cease work and notify the SHPD should any unanticipated archaeological features or sites be uncovered during the course of development. • Possible adverse effect or impairment of valued resources: Native plants may be destroyed by ground alteration. There is no evidence that the flora in the area are particularly desired or used for cultural practices. -3- • Feasible actions to protect native Hawaiian rights: There is no indication that there is gathering taking place or has taken place on the site. Thus, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. Based on the above findings, the approval of the Change of Zone request from an Agricultural (A -3a) to a Family Agricultural (FA -la) zoned district would result in an appropriate land use pattern that will further benefit the public. The accompanying draft bill to amend Section 25 -8 -33 (City of Hilo Zone Map) of Chapter 25, Zoning Code, of the Hawai`i County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -4- J ,,> COUNTY OF HAWAII <{M-' ==./tj STATE OF HAWAII Of MF'...' BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25 -8 -33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL — THREE ACRES (A -3a) TO FAMILY - AGRICULTURAL — ONE ACRE (FA -la) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2- 4- 032:012. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25 -8 -33, Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waiakea, South Hilo, Hawai`i, shall be Family - Agricultural — One Acre (FA -la): Beginning at the northwest corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI ", being 20,030.94 feet south and 1,909.86 feet west, and running by azimuths measured clockwise from true South: 1. 265° 40' 967.94 feet along Lot 1; 2. 355° 40' 225.00 feet along Homestead Road; 3. 85° 40' 967.94 feet along Lot 3; 4. 175° 40' 225.00 feet along Lot 5 to the point of beginning and containing an area of 5.00 acres, more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. -1- SECTION 2. In accordance with Section 25 -2 -44, Hawai`i County Code 1983 (2005 Edition), the County Council finds the following conditions are: Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (1) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -2- w� MS Paw • 1•-10 1�� WWI CN -10 u® sa ri nrio 'o 11111 CN -10 CN -10 IA -1a II. � • � roll I � . Uri A -1a ■ O ON A -1a AGRICULTU-THREE ES (A 3 - a) TO FAMILY - AG RICULTURAL- ACR ONEAC RE NW _ jCRESOTAL I man 2c; t— O A -5a �t r ,-- cr ,,,,rrrr , rr7rA9FrR , , ,,,:7r,,F.,.,AV,T,:, 1,909.86 W .. ^;.' .?� '� _ 'HALA'I' A -3a A -3a Feet 0 250 500 1,000 1,500 2,000 2,500 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25 -8 -33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL -THREE ACRES (A -3a) TO FAMILY - AGRICULTURAL - ONE ACRE (FA -1a) AT WAIAKEA, SOUTH HILO, HAWAII MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TMK: (3)2 -4- 032:012 DATE: May 12, 2010 EXHIBIT "A" Kevin Ken Akiyama Map 1296 CAkiyama -REZ 10 -125.j wd- 07 -22 -10 KEVIN KEN AKIYAMA CONDITIONS OF APPROVAL CHANGE OF ZONE APPLICATION NO. (REZ 10 -125) A. The applicant, 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, Hawai`i Revised Statutes, relating to permissible uses within the State Land Use Agricultural District. C. The required water commitment payment for the additional lots shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within one hundred and eighty (180) days from the effective date of this ordinance. D. The applicant shall construct necessary water system improvements as required by the Department of Water Supply, which may include, but not be limited to, (a) the extension of approximately 650 feet of 6 -inch water main along the proposed Road Lot 2 -E, capable of providing water at adequate volume and pressure under peak -flow and fire -flow conditions, (b) service laterals that will accommodate a 5/8 -inch meter fronting each additional lots, and (c) installation of at least one fire hydrant along proposed Road 2 -E and within 300 feet of proposed Lots 2 -B, 2 -C and 2 -D. E. Final Subdivision Approval of the proposed subdivision development shall be secured within five (5) years from the effective date of this change of zone ordinance. F. The applicant shall subdivide a ten (10) -foot wide future road widening lot along the entire property frontage with Alaloa Road for dedication to the County, at no charge to the County, within five (5) years from the effective date of this ordinance. G. All driveway connections to Alaloa Road shall conform to Chapter 22, County Streets, of the Hawai`i County Code. —1— H. All development - generated runoff shall be disposed of on -site and shall not be directed toward any adjacent properties. If required, a drainage study shall be prepared and submitted to the Department of Public Works and any required drainage improvements shall be constructed, meeting the approval of the Department of Public Works prior to Final Subdivision Approval. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control of the Hawai`i County Code. J. The method of sewage disposal shall meet with the requirements of the Department of Health. K. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of Final Subdivision Approval. L. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials, be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources - State Historic Preservation Division (DLNR -SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR -SHPD when it finds that sufficient mitigative measures have been taken. M. If the applicant, successors, or assigns develops residential units on the subject property, the applicant shall make their fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval. The fair share contribution for each lot shall be based on the actual number of residential units developed. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a combined value of $12,059,55 per single family residential unit. The total —2-- amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per multiple family residential unit (single family residential unit) shall be allocated as follows: 1. $5,815,33 per single family residential unit to the County to support park and recreational improvements and facilities; 2. $280.53 per single family residential unit to the County to support police facilities; 3. $554.09 per single family residential unit to the County to support fire facilities; 4. $242.59 per single family residential unit to the County to support solid waste facilities; and 5. $5,167.02 per single family residential unit to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicant may contribute land and /or construct improvements /facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. N. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. O. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. P. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: —3— 1. The non - performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). 5. If the applicant should require an additional extension of time, the Planning Department shall submit the applicant's request to the County Council for appropriate action. Q. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation. —4-- Avio t_mrsir , ww- wa moo mow till .. . CN -10 ® an ' O o rp .. rjr re.- is g5cN_iot______ ir cN_io I A -1a 4 V��� • iii a u ir*i' 1 ON ■ O A -1a OM AGRICULTURAL -THREE ACRES (A - TO FAMILV- AGRICULTURAL- ONEACRE 11 1011 (FA -1a) jjRESTOTAL r ell O I im mill 7 c , :) , . A -3a 1 I 20,030.94 5 4 1,909.86' W-�. r ' i A-3a A -3a N 1111 11111111111111 111 1111111111111 1 0.1111 1111111111111 I MMIIIII Feet 0 250 500 1,000 1,500 2,000 2,500 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25 -8 -33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - THREE ACRES (A -3a) TO FAMILY - AGRICULTURAL - ONE ACRE (FA-1a) AT WAIAKEA, SOUTH HILO, HAWAII MAP PREPARED BY: COUNTY OF HAWA1`1, PLANNING DEPARTMENT TMK: (3)2 -4- 032:012 • DATE: May 12, 2010 EXHIBIT "A" Kevin Ken Akiyama Map 1296