HomeMy WebLinkAboutCOM 0025.000 2010-2012 "0-1?-1.-if h, William T. Takaba
Ma
William Mayor Kenoi .,. • •
yor Managing Director
.+.o.. e;:�; Wally Lau
r�re,oF`M�a ' 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, Hawaii 96740
(808) 327-3602 • Fax (808) 326 -5663
December 10, 2010
Honorable Dominic Yagong, Chairman
and Members of the County Council
County of Hawai`i _
25 Aupuni Street �
Hilo, HI 96720 `"`
.,
Dear Chairman Yagong and Members: n=
VChange of Zone Application (REZ 10- 000130)
Applicant: Gerald Kodama Trust .
Request: A -3a to RA -la
Tax Map Key: 2 -2 -51:15
State Land Use Boundary Amendment Application (SLU 09- 000023)
Request: Agricultural to Urban
Change of Zone Application (REZ 09- 000109)
Request: A -la to MCX -3a
Applicant: Pua Mauka Development, LLC
Tax Map Key: 9 -2 -82:2
Change of Zone Application (REZ 10- 000131)
Applicant: Concept Construction, Inc.
Request: RS -10 to CN -20
Tax Map Key: 2 -2 -25:22
As required by Chapter 4, Sec. 6- 4.3(C), Hawai`i County Charter, transmitted herewith for the County
Council's consideration and action are the Windward Planning Commission's letters and enclosures
regarding the above - referenced requests.
Sincerel
1 r •
William P. Kenoi
Mayor
Enclosures
cc: Planning Department
Comm. No.
\ WM 3 \ Hawai'i County is an Equal Opportunity Provider and Employer Ref. To: PC-
Ref. Dote DEC 2 0 71.110
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4 0 0 1111 . Oi ...
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County of Hawaii
WINDWARD PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720
Phone (808) 961 -8288 • Fax (808) 961 -8742
DEC 7 0 2030
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- 000130)
Applicant: Gerald Kodama Trust
Request: A -3a to RA -la
Tax Map Key: 2 -2 -51:15
The Windward Planning Commission, after a duly held public hearing on November 10, 2010,
voted to recommend for your approval the proposed legislative bill for a Change of Zone from an
Agricultural 3 -acre (A -3a) to a Residential and Agricultural — 1 acre (RA -1a) zoned district for
approximately 2.73 acres of land. The property is located on the north side of Lama Street,
approximately 440 feet east of the Lama Street -Awa Street intersection, Panaewa House Lots, 2nd
Series, Waiakea, South Hilo, Hawai`i.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the request:
The applicant is requesting a Change of Zone from Agricultural 3 -acre (A -3a) to
Residential and Agricultural 1 -acre (RA -1a) for approximately 2.73 acres of land to
subdivide the property into two residential and agricultural lots. Currently, there are four
(4) permitted dwellings located on the property, which would result in two (2) dwellings
on each newly created lot. Additionally, there is approximately two hundred (200)
macadamia nut trees planted on the property.
Hawaii County is an Equal Opportunity Provider and Employer
The Honorable J Yoshimoto, Chairman
and Members of the County Council
Page 2
In order to consider an area for any type of zoning designation, the applicable
goals, policies and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must be also considered as they may have an impact on similar areas in the
County.
The change of zone request from A -3a to RA -la will conform to, among
others, the goals, policies and standards of the Economic and Land Use Elements of
the General Plan. The General Plan is intended to be used as a policy guide for the
coordinated growth and development of all sectors of the County. The overall goals,
policies and standards are set forth to physically plan the lands in the County in the best
interest of the island's residents. Land use is one of the principal focal points of public
concern and policy. The Land Use element provides the primary basis for direct control
and guidance of publicly and privately owned resources. The request conforms to the
policy of the Land Use element of the General Plan which state, "zone urban type uses in
areas with ease of access to community services and employment centers and with
adequate public utilities and facilities."
The Land Use Pattern Allocation Guide (LUPAG) Map component of the General
Plan is a representation of the document's goals and policies to guide the coordinated
growth and development of the County. It reflects a graphic depiction of the physical
relationship among the various land uses. The LUPAG Map establishes the basic urban
and non -urban form for areas within the County. The subject area is designated Low
Density Urban. This designation includes residential, ancillary community and public
uses, and neighborhood and convenience -type commercial uses.
Additionally, the proposed change of zone will conform to, among others, the
goals, policies and standards of the Land Use and Economic General Plan Elements:
Land Use
• Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural and physical environments of the County.
• Allocate appropriate requested zoning in accordance with the existing or projected
needs of neighborhood, community, region and County.
The Honorable J Yoshimoto, Chairman
and Members of the County Council
Page 3
• Zoning requests shall be reviewed with respect to General Plan designation,
district goals, regional plans, State Land Use District, compatibility with adjacent
zoned uses, availability of public services and utilities, access, and public need.
Economic
• Provide residents with opportunities to improve their quality of life through
economic development that enhances the County's natural and social
environments.
• Economic development and improvement shall be in balance with the physical,
social and cultural environments of the island of Hawai`i.
• Provide an economic environment that allows new, expanded, or improved
economic opportunities that are compatible with the County's cultural, natural and
social environment.
Therefore, based on the above information, the proposed request is consistent with
the goals, policies and standards of the General Plan and the General Plan LUPAG map
designation for the subject property.
The proposed request will result in a more appropriate land use pattern that
will further the public necessity and convenience and the general welfare. When
considering an amendment initiated by a property owner or other person who proposes to
change the district classification of any property, the director shall also consider the
purposes of the existing and proposed district and the purposes of the Zoning Code and
shall recommend a change in a district boundary only where it would result in a more
appropriate land use pattern that will further the public necessity and convenience and the
general welfare.
In considering the purpose of the proposed RA (Residential and Agricultural)
district classification, the RA zoned district will provide for activities or uses
characterized by low density residential lots in rural areas where "city- like"
concentrations of people, structures, streets, and urban level of services are absent, and
where small farms are intermixed with low density residential lots. The RA district is
intended to be only within areas designated as being in the State land use rural or urban
districts. This classification would result in a more appropriate land use pattern as the
Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan
designates this area as Low Density Urban and is located within the State Land Use
The Honorable J Yoshimoto, Chairman
and Members of the County Council
Page 4
Urban district. Surrounding properties are similarly zoned A -3a and includes a mix of
single - family dwellings, agriculture uses, or vacant land.
For the purpose of promoting health, safety, morals, or the general welfare of the
County, the Zoning Code regulates and restricts the height, size of buildings, and other
structures, the percentage of a building site that may be occupied, off - street parking,
setbacks, size of yards, courts, and other open spaces, the density of population, and the
location and use of buildings, structures, and land for trade, industry, residence, or other
purposes. In considering the purposes of the Zoning Code in relation to the proposed
request, the approval of the request will result in an additional lot but will not result in an
overall unit density within the property.
Based on the above information, the proposed request will result in a more
appropriate land use pattern that will further the public necessity and convenience, and
the general welfare of the County.
The proposed request will not burden public agencies to provide utilities and
services to the subject property. Access to the property is from Lama Street, which is a
County road with a 20 -foot wide pavement within a 50 -foot wide right -of -way. The
Department of Public Works recommends that the applicant provide improvements to the
subject property's entire Lama Street frontage consisting of, but not limited to, a paved
shoulder and a paved swale conforming to the Department of Public Work's standard
detail R -34. A condition of approval will be added in response of DPW's
recommendation.
County water can be made available to the property via an existing 6 -inch
waterline at Awa Street for the proposed lot. As there is no municipal sewer system in
the area, wastewater will be disposed of into individual wastewater systems meeting the
standards and requirements of the State Department of Health. Solid waste will be
disposed of by commercial haulers or individual homeowners into an approved landfill.
All essential utilities are available to the site. Police, fire and emergency facilities are
located in Hilo.
The Honorable J Yoshimoto, Chairman
and Members of the County Council
Page 5
The property has no severe geological or topographical problems which
cannot be rectified or which would render the land unusable. The project site is
located within Zone "X ", which is an area determined by FEMA to be outside the 500 -
year floodplain. If required by the Department of Public Works, the applicant will
provide a drainage study and ensure that all development generated storm run -off be
disposed of on -site and not allowed onto adjacent properties or roadways.
The request is not contrary to Chapter 205A, Hawaii Revised Statutes,
relating to Coastal Zone Management Area. The property is not situated within the
Special Management Area. It is located approximately 4.5 miles from the nearest
coastline and therefore, will not be impacted by coastal hazard and beach erosion. There
are no identified recreational resources, historic resources, public access to the shoreline
or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources
or other natural and environmental resources in the area. Thus, the proposed request and
use of the property will not adversely impact those resources. Because the property is
developed, it is not anticipated that endangered or threatened candidate species of flora or
fauna are located within the subject property, nor has the area been identified as a
significant botanical or biological habitat. Presently, there is no evidence of any
traditional and customary Native Hawaiian rights being practiced on the site, nor
existence of known valued cultural, historical or native resources in the area. Thus, it is
not anticipated that the proposed request will have any adverse impact on cultural or
historical resources in the area.
Based on the above findings, the approval of the Change of Zone request from an
Agricultural 3 -acre (A -3a) to a Residential and Agricultural .5 -acre (RA -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 Chapter 25, Zoning Code, of the Hawai`i County Code 1983 (2005 Edition), is
transmitted.
•
The Honorable J Yoshimoto, Chairman
and Members of the County Council
Page 6
We are enclosing copies of the staff Background and Planning Director's Recommendation for
your information.
Sincerely,
r / fit'
Rell Woodward, Chairman
Windward Planning Commission
Lkodamarez 10- 000130wwpc2
Enclosures
cc: Ms. Lori Mikkelson
Gerald Kodama Trust
Department of Public Works
Department of Water Supply
Department of Land & Natural Resources -HPD
Amy Self, Esq., Corporation Counsel
BKodama -REZ 10- 130.jwd- 10 -07 -10
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
GERALD KODAMA TRUST
CHANGE OF ZONE APPLICATION (REZ 10 -130)
GERALD KODAMA TRUST has submitted an application for a Change of Zone from
Agricultural 3 -acre (A -3a) to Residential and Agricultural 1 -acre (RA -1a) for approximately 2.73
acres of land. The property is located on the north side of Lama Street, approximately 440 feet
east of the Lama Street -Awa Street intersection, Pana`ewa House Lots 2' Series, Waiakea,
South Hilo, Hawai`i, TMK: 2 -2 -51: 15.
PROPOSED ACTION
1. Request: Change of Zone from A -3a to RA -1a for 2.73 acres of land to subdivide the
property into two residential and agricultural lots. (Planning Department Exhibit 1 -
Change of Zone Application)
2. Reasons for the Request: The applicant would like to rezone his 2.73 -acre lot in order
to subdivide it into two lots and sell them. Currently there are four (4) permitted
dwellings located on the property, which would result in two (2) dwellings on each newly
created lot.
3. Landowners: The landowners of the property are Itsuji Kodama, Kimiyo O. Kodama
and Gerald T. Kodama Trust.
STATE AND COUNTY PLANS
4. State Land Use Designation: Urban.
5. GP LUPAG Map: Low Density Urban.
6. County Zoning: Agricultural 3 -acre (A -3a).
7. Hilo Community Development Plan: The Hilo Community Development Plan adopted
by Planning Commission Resolution No. 1 on May 21, 1975 identifies the area as A -3a.
8. Special Management Area (SMA): The Special Management Area is a part of the
Coastal Zone Management Program and regulated by the County. The property is not
located in the Special Management Area.
DESCRIPTION OF PROPERTY AND SURROUNDING AREA
9. Subject Property: The property is an approximately 2.73 -acre rectangular shaped lot on
ATTACH: Corrm . 25
Bill 3
the north side of Lama Street. There are four (4) existing dwellings and a non-
conforming farm shed located on the property. The farm shed was built in 1952 and is
located within the side yard setback. It is considered a legal, non - conforming structure.
The remaining portion of the property not occupying structures is planted with
approximately two hundred (200) macadamia nut trees. The property is one of twenty -
five lots approved under Subdivision No. 1091 (Panaewa House Lots, 1 Series) on
February 11, 1957. This area was reclassified into the Urban District during the 1969
Boundary Review.
10. Building Permits: The following building permits have been issued for the property:
• Building Permit No. 25947: Issued on May 15, 1962 for a 880 square -foot, one
story, 3- bedroom/1 bath single family dwelling.
• Building Permit No. 872113: Issued on November 16, 1987 for a 1,312 square -
foot, one story, 3- bedroom/2 -bath approved ohana dwelling.
• Building Permit No. 881557: Issued on August 15, 1988 for a 1,056 square -
foot, one story, 3- bedroom/1 ' /2-bath approved farm dwelling.
• Building Permit No. 892618: Issued on November 22, 1989 for a 1,072 square -
foot, one story, 3- bedroom/2 -bath approved farm dwelling.
There were several other building permits issued for additions and repairs to the existing
dwellings and shed.
11. Surrounding Zoning/Land Uses: Surrounding properties are similarly zoned A -3a and
includes a mix of single - family dwellings, agriculture uses, or vacant land.
12. ALISH: Existing Urban Development.
13. Land Study Bureau's Detailed Land Classification System: Existing Urban
Development.
14. U.S. Soil Survey: Papai extremely stony muck, 3 to 25 percent slopes (rPAE).
15. FIRM: Zone "X ", area determined to be outside the 500 -year flood plain.
16. Flora/Fauna Resources: No formal flora/fauna study was submitted with the
application as the site has been used extensively for residential and agricultural purposes
for several decades. There are four (4) dwellings and approximately two hundred (200)
macadamia nut trees planted on the property.
17. Archaeological Resources: It is highly unlikely that any archaeological, cultural or
historic sites are present on the property as the property has been fully development with
four (4) dwellings and agricultural uses. In a letter dated June 15, 2010, the DLNR-
SHPD has stated that no historic properties will be affected by this permitted activity
because 1) residential construction has altered the land; and 2) no new land alteration,
new construction, or structural alterations will occur.
18. Cultural or Native Gathering Rights: The property is developed with four (4)
dwellings. There is no evidence of any traditional and customary Native Hawaiian rights
being practiced on the site.
19. Public Access: There is no record of public access that traverses the property.
20. Traffic: According to the applicant, there will be no traffic impacts as there will be no
new uses or buildings.
PUBLIC UTILITIES AND SERVICES
21. Access: Access to the property is from Lama Street, which is a County road with a 20-
foot wide pavement within a 50 -foot wide right -of -way. It is identified on the Hilo Zone
Map as an existing collector roadway.
22. Water: County water can be made available to the site for the proposed request.
23. Wastewater: Wastewater for the four dwellings on the property has been approved for
cesspools.
24. Solid Waste: According to the applicant, the residents dispose of solid waste at the Hilo
landfill.
25. Essential Utilities and Services: Electricity and telephone are available on the property.
AGENCIES' COMMENTS
26. Department of Public Works: (Planning Department Exhibit 2 - August 18, 2010
Memo)
27. Department of Water Supply: (Planning Department Exhibit 3 — September 21,
2010 Memo)
28. Department of Environmental Management: (Planning Department Exhibit 4 -
August 30, 2010 Memo)
29. Police Department: (Planning Department Exhibit 5 — July 29, 2010 Memo)
30. Fire Department: (Planning Department Exhibit 6 — July 30, 2010 Memo)
31. Department of Land and Natural Resources — Land Division: (Planning
Department Exhibit 7 - August 3, 2010 Memo)
32. Department of Health: (Planning Department Exhibit 8 - August 4, 2010 Memo)
AGENCIES AND ORGANIZATIONS - NO RESPONSES
33. Office of Housing and Community Development.
APPLICANT'S RESPONSE TO AGENCIES' COMMENTS
34. The applicant has submitted several letters in response to agency comments. (Planning
Department Exhibit 9 — Letters dated September 1, 2010)
PUBLIC COMMENTS
35. 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.
- •
. ■ t “'If r''''''Y '. : 77 ' 1 .71T
7
_ .
_ . CHANGE OF ZONE APPLICATION
APPLICANT: GERALD KODAMA TRUST
AG-3a TO RA-1a
-.1
TMK: (3) 2-2-051:015
- •
- 1
.:. _
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.,_
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1 .
1 Planning Dept.
Exhibit_i____
i
1 CHANGE OF ZONE APPLICATION
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information)
APPLICANT: Gerald Kodama Trust
APPLICANT'S SIGNATURE: .` DATE: TA-a/ 0
ADDRESS: 456 Kalanianaole Ave.
Hilo, HI 96720
LIST APPLICANTS INTEREST IF NOT OWNER:
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS:
PHONE:(Bus.) (Res.) (Fax).
LANDOWNER(S): Same as above
LANDOWNER SIGNATURE(S): DATE:
(May be by letter)
LANDOWNER(S) ADDRESS:
REQUEST: Ag -3 TO RA-1
(Existing zoning) (Proposed Zoning)
TAX MAP KEY: (3) 2- 2- 051:015
STREET ADDRESS OF PROPERTY: 399 Lama Street
Hilo, Hi 96720
SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 2.73 Acres
J
AGENT: All Aina Services
ADDRESS: P.O. Box 291
Laupahoehoe, HI 96764
TELEPHONE:(Bus.) 969 -3882 (Res.) (Fax)
3
ATTACHMENT
Agricultural Rezoning
PLANNING DEPARTMENT
COUNTY OF HAWAII
APPLICATION FOR CHANGE OF ZONE
I. 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? 2.73
b. Into what lot sizes? 1.66,1.07
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? Right away
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?
At what approximate price range? House
Lot
Total
Approximately how long, after approval of the subdivision,
would the first house be available for occupancy?
If you intend to subdivide, please submit a preliminary schematic
_ subdivision plan together with your change of zone application
form.
_2. If you have no firm plans of subdividing the subject area, do you
intend to:
a. Sell or lease the land to someone who has firm plans?
b. Sell or lease the land to someone who has tentative plans?
C. Sell or lease the land to someone who has no plans?
d. Keep it?
e .
n n C PIA
I f. If you intend to do either a, b, c, please elaborate on the kind
of plans the other party has. Please, also, include in your
answer approximately how soon after approval of your rezoning do
you expect to transfer the subject land to another party.
3. Do ou think that your y y r 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?
I Four (4) single - family residences and a storage shed
What do you intend to do with those buildings if your request is
approved?
Sell them
5. Is the subject land currently being used for any agricultural activity? Yes
If so, please list the kinds of products grown and on how many
.1 square feet or acres of land per product.
a Macadamia nuts; approximately 1/2 of the property
1 6. Was your request to allow for the creation of smaller agricultural
lots?
No
If so, did your plan include the following considerations?
LL a. Commodity to be produced?
What kinds of commodity?
b. Suitability of the proposed lot -size for that commodity?
C. Sufficient farm size to allow reasonable chance of success in
commercial agriculture?
I
_2_
i
1
d• Agricultural leases or other forms of assurance that potential
buyers or leases would put the subject area into some form of
agricultural use?
Please state the proposed type of arrangement.
Please submit your agricultural plans for the subject area and
present evidence of consideration of the above requirements together
with your request for a change of zone.
If you do not intend to subdivide the subject land for some sort of
agricultural purpose, please state your other reasons.
The owner would like to sell the two lots.
7.
To your knowledge, has there been any flooding and /or drainage problem
on the subject area? No
If so, please describe the problem.
8 . Do you think that the roads leading to the subject area needs
improvements? No
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
c. Sewer X
d. Drainage X
-3-
Yes No
e. Police Protection No
f. Fire Protection No
9 Recreational Facilities
No
h. Public Utilities No
No
1 . Other
For those checked "yes ", please elaborate what type or kinds of improvements
and /or assistance are needed.
Signature:
Address: 456 Kalanianaole Avenue, Hilo, HI 96720
Telephone:
Date: 6 f 2Z /Iv
_.1
-4-
Background Report and Environmental Report
For The
-1
Application for a Rezoning Request (A -3a to RA -la)
TMK: (3) 2 -2- 051:015
Panaewa, South Hilo
_
I. INTRODUCTION
The applicant, Gerald Kodama, is the owner of the subject parcel that constitutes this
zoning application. The lot consists of 2.73 acres. The applicant would like to rezone his
property from Agricultural 3 acre to Residential and Agricultural 1 acre.
H. PROJECT LOCATION
The parcel is located at 399 Lama Street, t eet, Waiakea, South Hilo, Panaewa Houselots,
Island of Hawaii.
III. PROJECT DESCRIPTION
The applicant would like to rezone his 2.73 acre lot to RA -la in order to subdivide it into
two lots, in order to sell. Lot 14 -A would be 1.077 acres and Lot 14 -B would be 1.657
acres. There are currently four single - family residences on the parcel; the result of the
subdivision would place two residences on each lot. The original dwelling was built in
1962, located on the southeast corner of the lot. It is one -story, 880 sq ft, and has three
bedrooms and one bathroom. It has a separate driveway from Lama Street. Behind this
building is a carport and an ag storage shed. In the northeast corner, the shed is five feet
into the setback, and in the southeast comer eight feet into the setback. As this shed was
built in 1952, it is a non - conforming building and not subject to property setbacks. The
second dwelling, built in 1988, is located on the southwest comer of the lot. It is one-
.
story, 1312 sq ft, and has three bedrooms and two bathrooms with a carport. It has a
_ driveway off of Lama Street that extends to the rear of the property to the other two
dwellings. The third dwelling, also built in 1988, is located on the northeast portion of
the lot. It is one -story, 1056 sq ft, and has three bedrooms and one and a half baths with a
carport. The fourth dwelling, built in 1990, is located on the northwest portion of the lot.
It is one -story, 1072 sq ft, and has three bedrooms and two baths with a carport. There
will be no traffic impacts as there will be no new uses or buildings.
Aside from the dwellings, the remainder of the property is planted with approximately
two hundred mature macadamia nut trees. In 1988, Itsuji and Kimiyo Kodama applied
for and received approval of an Additional Farm Dwelling Application, which allowed '
for the construction of two dwellings. As they were becoming elderly and wanted to stay
on their land in their senior years, they built the homes to house assistants that cared for
and maintained their macadamia nut orchard. At this time, with both parents having
passed on, Mr. Gerald Kodama has an orchard maintenance agreement that provides care
and maintenance for the orchard in trade for the harvest.
IV. CONFORMANCE WITH STATE AND COUNTY PLANS
a. State Land Use Designation: The subject parcel is situated within the State Land Use
Urban District.
b. Chapter 205A, Coastal Zone Management: the proposed rezoning would not be
contrary to concerns of the Coastal Zone Management as it would not interfere with
public access to the shoreline, scenic and open space resources since it is
approximately five miles inland from the coast.
c. Applicable goals and policies of the General Plan: The proposed re- zoning is
consistent with the following goals, policies, and objectives of the General Plan.
Economic Element:
• Provide residents with opportunities to improve their quality of life through
economic development that enhances the County's natural and social
environments.
• Economic development and improvement shall be in balance with the physical,
social and cultural environments of the island of Hawaii.
• Strive for diversity and stability in its economic system.
Land Use Element:
• Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural and physical environments of the County. •
• Zone urban and rural types of uses in areas with ease of access to community
services and employment centers and with adequate public utilities and facilities.
• Allocate appropriate requested zoning in accordance with the existing or projected
needs of neighborhood, community, region and County.
- • Zoning requests shall be reviewed with respect to General Plan designation,
district goals, regional plans, State Land Use District, compatibility with adjacent
zoned uses, availability of public services and utilities, access and public need.
d. General Plan designation (LUPAG Map): The General Plan Land Use Allocation
Guide Map ( LUPAG) designates the site "Low Density Urban". The requested
change of zone would be consistent with this designation.
e. Zoning: The parcel is presently zoned A -3a.
f. Community Development Plan: The Hilo Community Development Plan, (Hilo CDP)
adopted by the Planning Commission in 1975, designates the area as Agricultural-
acre (A -3a).
g. Special Management Area: The subject parcel is outside the County's adopted
1
Special Management Area. No permits would be necessary under SMA regulations.
V. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF
THE PROPERTY AND SURROUNDING AREA
a. Description of the subject property: The parcel is located near the southwest corner of
Lama Street and Awa Street. The property is flat and contains four single- family
dwellings built between 1962 and 1990.
b. Lava Hazard Zone: The United States Geological Survey classifies the Hilo area,
including the subject parcel, as Lava Flow Hazard Zone 3, on a scale of ascending
risk, 9 -1, due to the city's location down slope of Mauna Loa.
c. Distance from the coastline: The parcel is approximately five miles from the
coastline.
d. 'Agricultural Lands of Importance in the State of Hawaii (ALISH) designation:
There is no ALISH designation for this property.
e. U.S.D.A. Natural Resources Conservation Services Soil Service Report: Soils of the
area are classified as being of the Papai Series which consists of well- drained, thin,
extremely stony organic soils over A'a lava. The Agricultural Capability Subclass
rating for rKED soils is VlIs, nonirrigated, which indicates "soils having very severe
limitations (shallow, droughty or stony) that make them unsuited to cultivation and
that restrict their use largely to pasture or range, woodland, or wildlife ".
f. Land Study Bureau soil rating: "N" None
g. Flood Insurance Rate Map (FIRM) designation: X, Areas determined to be outside
the 500 -year floodplain.
_ h. Existing drainage ways or improvements: Drainage issues are addressed by a dry well
- installed near the bottom of the driveway from Lama Street.
i. Air/Noise/Water: In general, the ambient air quality of the subject parcel meets all
federal and state standards as evidenced by its designation as an "attainment" area by
the State Department of Health, Clean Air Branch. The windward area of the Big
Island is subject to voggy conditions, due to the Kilauea eruption, during times of
cessation of trade winds. Existing noise levels are those of a residential/rural
neighborhood with little traffic. There would be no noise impacts from rezoning, as
there will be no construction or demolition or change from its present use. Water
to the four residences is provided by the Department of Water Supply.
j. Historic and Cultural Resources: There are no archaeological or historic sites on the
subject parcel. Cultural resources associated with traditional and customary native
Hawaiian rights have not been identified on the property. The Department of Land and
Natural Resources, State Historical Preservation Division, has issued a letter to that
effect. (Attached)
l k. Natural Resources: As the subject parcel has had four dwellings for at least twenty
years (the first residence being built in 1962), there are likely no endangered plants or
animal species.
1. Scenic or coastal resources: As the subject parcel is approximately five miles from the
shoreline, there are no coastal resources. The parcel is not listed as a natural beauty
site.
m. Public access: No public access or trails have been identified with the subject area.
n. Social settlement patterns for the area: The subject property is part of the first
increment of the Panaewa House Lots Subdivision, developed by the Territory of
Hawaii, which received final subdivision approval in 1957. The subdivision has
average lot sizes of approximately 2.7 acres, which were intended for residential use
as evidenced by restrictive covenants which stipulated that the use of the property
would be restricted to residential purposes for ten years after the issuance of the land
patents. The majority of these parcels have been developed primarily for residential
use while others have developed a mix of residential and agricultural uses.
L - o. Economic resources of the area: The subject area is composed of mainly single
family residences and agricultural pursuits. The Nani Mau Gardens provides tourist
and meeting facilities with a restaurant and gift shop. The Panaewa Ag Park consists
of 460 acres, subdivided into 28 lots, which are leased to small farmers at a reasonable
cost. The University of Hawaii at Hilo operates its agricultural research farm less than
a mile from the parcel. The State Correctional Facility is also within '/2 mile of the
parcel. As the subject parcel is located on the outskirts of the City of Hilo, it is still
relatively close to employment centers, shopping centers, schools, churches, and
airport and wharf facilities.
p. Surrounding land uses and zoning: The surrounding land uses are either vacant,
single- family residential or in agriculture use. The surrounding zoning is Ag -3a.
Five parcels across Lama Street in the same plat are smaller than the 2.73 acre size
common to the rest of Panaewa House Lots (1.96 acre, 1.97 acre, 1.81 acre, 1,82 acre,
and .604 acre).
VI. PUBLIC FACILITIES AND SERVICES
a. Access: Access to the parcel is from Lama Street, a county owned street that has a
20 -foot pavement width within a 50 -foot road right of way.
I b. Water: The subject parcel is connected to County water via a 3" waterline. The
ij applicant will comply with the Department of Water Supply requirements, adding
1
3 additional meters and extending a 6" waterline from Awa Street.
c. Sewage disposal: Each of the four existing dwellings has a cesspool.
d. Solid Waste: The residents dispose of their solid waste at the Hilo Landfill.
e. Police and fire protection: The closest police station is located on Holomua Street,
approximately 2 1/4 miles away. Fire protection is located on West Kawailani Street,
approximately 2 miles northeast.
f. Schools: The subject parcel is served by Waiakeawaena Elementery, Waiakea Middle
School and Waiakea High School.
g. Parks: Malama Park, which includes tennis courts, playground and playfield facilities,
is approximately 500 feet south of the subject parcel. The Panaewa Recreation
Complex, which includes the Rainforest Zoo and the Equestrian Center, and the Hilo
'Municipal Golf Course are located within two miles of the property.
h. Other Utilities: Both telephone and electrical p a utilities are connected to the residences.
VII. ENVIRONMENTAL ASSESSMENT AND ANALYSIS
a. Relationship between short term uses of the environment and maintenance and
enhancement of long -term productivity: This change of zone application has no
relationship between short term use of the environment and long -term productivity.
b. Mitigative measures proposed to avoid, minimize, rectify or reduce impact: As
the purpose of this change of zone application is to divide the parcel in two, with
no construction plans, there will be no need for mitigative measures.
c. Alternatives to the proposed development: There are no alternatives as there is no
_ development.
d. Irreversible and irretrievable commitments of natural resources: There are no
irreversible commitments of natural resources involved for this proposed change of
zone.
LL
i
1AURA tt. YIIII IXN
LINDA LINGLE d F
6 ,„....,,H4 n W RFIR)Sn,
C:vt�3RNUR nl +IL1R�Ni .0:e<19 g8 +y 1' BOARDOFtANO AND NATURAL Reioutt
• COMMISMO,I ONNATI RESOURCE MANAGINENI
f 1 , UUSZP,1,l.Y.7;CWI
�y + r # [ ( F ; rvlsrt7
.i� '�i � I �-` ; ; KIN c YAWADARA
nEPUfY0IXR1.171R. WA1Fti
�i �� P'D ,' g, .' ,�" RfMSW4t 3L'RFATwN IIIMEAVOMINVEVAMS
� _ 41 r COMMISSIoNON WATER R SOUR(f:MANAGIIIINT
LiOrLRERYATpRi AND COASTAL CANDY
STATE OF' HAWAII iXRomvovnoNAND itesouRcrs raooRCFaa"rrr
plammiesa
- i
' DEPARTMENT OF LAND AND NATURAL RESOURCES ' ` "saxr vDwnmJPi
IMMIXFlIFSF,RVATION
KNMXDAWE RESPavt:co ussioN
STATE HISTORIC PRESERVATION DIVISION YrAl MI S
601 KAMOKILA BOULEVARD, ROOM 555
KAPOLEI, HAWAII 96707
June 15, 2010
Ms. Lori Mikkelson LOG NO: 2010.1008
All Aina Services DOC NO: 1006TD28
P.O. Box 291 Archaeology
Laupahoehoe, Hawaii 96764
i (c/o allainapermitting @yahoo.com)
Dear Ms. Mikkelson:
Subject: Chapter 6E -42 Historic Preservation Review —
Hawai i County Change of Zone Application (Ag -3 to Ag -1) for a 2.73 -Acre Parcel
Waiakea Ahupua'a, South Hilo District, Island of Hawaii
TMK: (3) 2 -2 -051: 015
Thank ou for y o requesting our review of the proposed application, which was received in our office May
12, 2010. The applicant proposes to subdivide the property, which is located in the Panaewa House Lots
subdivision. Four dwellings are currently on the property; these range in age from 1962 to the 1990s. No
alteration to the land or structures will occur in connection with this permit.
We determine that no historic properties will be affected by this permitted activity because:
® Residential construction has altered the land
Previous grubbing/grading has altered the and
A previous archaeological inspection found no historic properties in this project area
►�I Other: No new land alteration, new construction, or structural alterations will occur
In the event that historic resources, including human skeletal remains, lava tubes, and lava
- blisters/bubbles are inadvertently discovered on the property, activities should cease in the immediate
vicinity of the find, the find should be protected from disturbance, and the State Historic Preservation
Division, Hawaii Island Section, should be contacted immediately at (808) 933 -7653. Please contact
Theresa K. Donham at (808) 933 -7653 if you have any questions or concerns regarding this letter.
I Aloha,
1 6„ v vaj do „----- -
Theresa K. Donham, Lead Archaeologist
Hawaii Island Section
Historic Preservation Division
1
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Rezone Map
Land situated at Waiakea, South Hilo, Island of Hawaii, Hawaii.
Being Grant S- 13,886 to Itsuji Kodama and Kimiyo Oshikata Kodama.
• Being also Lot 14, Panaewa House Lots
Subdivision of Lot 14 into Lots 14 —A and 14 —B and designation of
• Easement A for Road and Utility Purposes.
Y� p 9y:
d A •
P Im at aan ss o ciates , Inc.
`�� 171 Ka r ' 317.0
H11e, Hawa0 96720
Own
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456 Kalanlonaola Avdnua S N T1,1:.. was pnpand 6y
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mow ROiSt,alvW% • (Arai., X.GL -,-z,
s•,. Hol•II• K. Imola
Lt c•na ed P I Land Surveyor
' _ IL 05 0 , CerlIIIooI. NunS•r 5616
A Explraa: April 30, 2012
Tex Mop Kew Srd Div. 2 -2 -51: I5
REZONE DESCRIPTION
LAND SITUATED AT. WAIAKEA, SOUTH HILO,
ISLAND OF HAWAII, HAWAII.
Being Grant S- 13,886 to Itsuji Kodama and Kimiyo Oshikata Kodama.
Being also Lot 14, Panaewa House Lots.
Beginning at the southwest corner of this parcel of land, being also the southeast corner
of Lot 13, Panaewa House Lots and on the northerly side of Lama Street, the coordinates of said
point of beginning referred to Government Survey Triangulation Station "HALAI ", being 17,405.16
feet South and 14,860.46 feet East, thence running by azimuths measured clockwise from true
South:
1. 161° 00' 538,29 feet along Grant S- 13,961 to Yoshimasa and
Akiyo Murayama Nakagawa, Isao and Fumie
Omoto Nakagawa, Ernest Abraham and
Eileen Yoshie Nakagawa Duvauchelle (Lot
13, Panaewa House Lots);
2. 251° 00' 221.25 feet along Grant S- 13,969 to Procopio Sim
Vesperas and Emily Kaiawe Vesperas (Lot 9,
Panaewa House Lots);
3. 341° 00' 538.29 feet along Grant S- 13,820 to Susumu and June
Tomiko Nishimura Ishida (Lot 15, Panaewa
House Lots);
4. 71° 00' 221.25 feet along Lama Street to the point of beginning
and containing an are of 119,097 Square
Feet or 2.734 Acres.
rl ,s tt� �2ve
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r a � Natalie K. Imata
Licensed Professional Land Surveyor
" Certificate No 5816 Expires April 2012
Tax Map Key: 3` Div. 2 -2 -51: 15
Rezone Description
Page 1 of 1
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i
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
H I LO, HAWAII
DATE: August 18, 2010
Neaginetadfdato
TO: BJ Leithead Todd, Planning Director
FROM: Department of Public Works
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 10- 000130)
Applicant: Gerald Kodama Trust
Request: A -3a to RA -1a
Tax Map Key: 2 -2 -51: 015.
We have reviewed the subject application forwarded by your memo dated July 23, 2010
and offer the following comments for your consideration.
The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map
(FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area
determined to be outside the 500 -year floodplain.
The Zoning Map (Ordinance No. 187) classifies Lama Street as a collector with an existing
right -of -way width of 50 feet.
Based on the proposed zoning, we recommend the applicant provide improvements to the
subject property's entire Lama Street frontage consisting of, but not limited to, paved
shoulders and swales conforming to the Department of Public Works' standard detail R -34,
drainage improvements, and any required utility relocation. The improvements shall be
located within the future road widening setback as may be established by the Planning
Department and dedicated to the County of Hawaii.
Road Easement A for Road and Utility Purposes shall meet the requirements of Chapter
23, Subdivisions, of the Hawaii County Code
Questions may be referred to Kelly Gomes at ext. 8327.
�
Planni p t . 1---.7"--SCANNED
Exhibit Z r- U 6 a ____... 4 I
County of Hawaii is an Equal Opportunity Provider and Employer
'F WATER
4 ,o
• .i
19! 49
• , ,, ,r DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII
=yryoFHnw0P'' 3 4 5 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720
TELEPHONE (808) 961 -8050 • FAX (808) 961 -8657
September 21, 2010 _. }
TO: Ms. BJ Leithead -Todd, Planning Director
Planning Department
FROM: Milton D. Pavao, Manager
Es.;
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 10- 000130)
APPLICANT — GERALD KODAMA TRUST
REQUEST: A -3A TO RA -1A
TAX MAP KEY 2 -2- 051:015
We have reviewed the subject application and have the following comments and conditions.
Water can be made available from an existing 6 -inch waterline at the intersection of Awa Street and Lama
Street. The subject parcel currently served by a 5/8 -inch meter, which is limited to an average of 400 gallons
per day 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 each additional dwelling as soon as possible so that a water
commitment may be formally effected. The commitment will be in writing with specific dates and conditions
stated.
For your information, final subdivision will be subject to the following conditions:
1. Construct necessary water system improvements, which shall include, but not be limited to:
a. water mains capable of delivering water at adequate pressure and volume under peak -flow and
fire -flow conditions; minimum diameter of mains shall be 6 inches, from the intersection of
Awa Street and Lama Street extending approximately 530 lineal feet along Lama Street,
b. installation of a service lateral that will accommodate a 5/8 -inch meter for each dwelling,
c. 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, and
d. fire hydrants spaced no more than 600 feet apart. On dead -end streets, the last fire hydrant shall
be located at one -half the distance from the last house, or unit, fronting the property line, or to
the driveway or access for the property.
Submit service lateral installation plans prepared by a professional engineer or licensed surveyor,
registered in the State of Hawai`i, for review and approval. Planning Dept *
Exhibit
r 5 _ ,
... Water, Our flvtost Precious Resource ... Ka Wai A. pane ... 3 �
Tom_ �__�....v �.-. - [ \nl...... C......I.. :.. .... C... ...I (1.......1. ..:..........:.J... .....J .......I....... �_.. v�.a- sa,-- a.:.:- ......._
Ms. BJ Leithead -Todd, Planning Director
Page 2
September 21, 2010
2. Remit the facilities charge balance, which is subject to change, as shown below:
FACILITIES CHARGE(FC):
One (1) existing service to parcel (paid)
Three (3) additional units at $5,500.00 /unit $16,500.00
FC Balance $16,500.00
This is due and payable upon completion of the installation of the required water system improvements
and prior to final subdivision approval being granted.
For your information, water commitment deposits are credited towards the final facilities charge
requirement for the development. Note that the amount of water commitment deposit may exceed the
prevailing facilities charge amount; for example, when requests for time extensions continue and are
approved. Until the development is finally completed, these are separate and unrelated items. In the
event that water commitment deposits exceed the facilities charge, no refunds are applicable.
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, please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch
at 961 -8070, extension 256.
Sincerely yours,
I Milt D. Pavao, P.E.
Ma r
RQ:dfg
copy — Gerald Kodama Trust
All Aina Services
, - #1' 9! 044
.P LA i Y rI i9 s SS' ••` i
William P. Kenoi • * i N k „�"
Mayor �_- e
7f A t.r J :l I 'moo
William T. Takaba 4 Gf K' �� ` Ivan M. Torigoe
Managing Director • • Deputy Director
Count r t f � " A . t a a t ` 1
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
25 Aupuni Street • Hilo, Hawai'i 96720
(808) 961 -8083 • Fax (808) 961 -8086
http : / /co.hawaii.hi.us/directory/dir envmng.htm
I
MEMORANDUM
��jj 3a
Date : .iuf 8, 2010
To ; BJ LEITHEAD TODD, Planning Director
From: IVAN M. TORIGOE, Deputy Director]
Subject: Change of Zone Application (REZ 10- 000130)
Applicant: Gerald Kodama Trust
Request: A -3a to RA -la
TMK: 2 -2 -51:15
We have reviewed the subject application and offer the following recommendations:
DEPARTMENT COMMENTS:
WASTEWATER COMMENTS: (Contact Wastewater Division for details.)
( ) No comments
( ) Require connection of existing and /or proposed structures to the public sewer in accordance with Section 21 -5
of the Hawai'i County Code.
( ) Require Council Resolution to approve sewer extension in accordance with Section 21 -26.1 of the Hawai'i
County Code. Complete Sewer Extension Application.
( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23 -85
of the Hawai'i County Code.
( ) Check or line out as applicable: [ ] If required by the Director of the Department of Environmental
Management ( "Director of DEM "), [ ] applicant shall conduct a sewer study in accordance with the then
applicable wastewater system design standards prior to approval to connect to the County sewer system.
Applicant shall provide such sewer line or other facility improvements as the Director of DEM may
reasonably require, which the sewer study may indicate are advisable for mitigation of impacts of the
proposed project. Contact Wastewater Division Chief for details.
( ) Other:
SOLID WASTE COMMENTS: (Contact Solid Waste Division for details.)
( ) No comments
(X) Commercial operations, State and Federal agencies, religious entities and non - profit Planning Dept,
organizations may not use transfer stations for disposal.
(X) Aggregates and any other construction/demolition waste should be responsibly reused to Exhibit
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 stations or
other suitable diversion programs. SCANNE
() Construction and demolition waste is prohibited at all County Transfer Stations.
( ) Submit Solid Waste Management Plan in accordance with attached lines. EVA 43d6(18
j ; ,3 y • u i
cc: SWD County of Hawai`i is an Equal Opportunity Provider and Employer. 126t8 - 5
( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status.
( ) Other:
cc: SWD, WWD 12678
County of Hawai' i is an Equal Opportunity Provider and Employer.
•
William P. Kenoi •;,��� 1; -�, • ' Lono A. Tyson
-.2. Director
Mayor • :. '
• N' � Ivan Torigoe
,°f , Deputy Director
Otrfunt
of in t `
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
25 Aupuni Street • Hilo, Hawai'i 96720
(808) 961 -8083 • Fax (808) 961 -8086
http : / /co.hawaii.hi.us/directory/dir envmna.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
li
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 Hawaii
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:
Yent . T k
Lorin A. Tyson
DIRECTOR
County ofHawai'i is an Equal Opportunity Provider and Employer.
William P. Kenoi - t ,.
•- �; .0:• - Harry S. Kubojiri
Mayor —_— Police Chief
1 �: .w ro f ;•��
Fn {{ 1 t . :,':-1 2: I ' 'FE OF M/•�*
Paul K. Ferreira
Deputy Police Chief
County of Hawaii
POLICE DEPARTMENT
349 Kapiolani Street • Hilo, Hawaii 96720 -3998
(808) 935-3311 • Fax (808) 961 -8865
1 July 29, 2010
TO : BJ LE HEAD T D, PLAN LN.G- DTREGTOR
FROM : D R K D. AC ECO, ASSISTANT POLICE CHIEF
AREA I OPERATIONS BUREAU
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 10- 000130)
APPLICANT: GERALD KODAMA TRUST
REQUEST: A -3A TO RA -1A
TAX MAP KEY: 2 -2 -51:15
Staff, having reviewed the change of zone application and being familiar with the
area in question, does not anticipate any significant impact to traffic and /or other
public safety concerns related to this request.
Thank you for allowing us the opportunity to comment.
ST:Ili
Planning Dept.
Exhibit,
SCANNED g
AF 01.
'ii ii (
W,5398
"Hawai`i County is an Equal Opportunity Provider and Employer"
William P. Kenoi I % _ ,,�, c Darryl J. Oliveira
Mayor 1 1 w e ! Fire Chief
' " �; Glen P. I. Honda
-. : _ � �l T� 0 1 MPS � '
i t � Deputy fire Chief
couutp of Ti9ainari
HAWAII FIRE DEPARTMENT
25 Aupuni Street • Suite 2501 • Hilo, Hawaii 96720
(808) 932 -2900 • Fax (808) 932 -2928
July 30, 2010
TO: BJ LEPTHEAD TODD, PLANNING DIRECTOR
FROM: DARRYL OLIVEIRA, FIRE CHIEF
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 10- 000130)
APPLICANT:. GERALD KODAMA TRUST
REQUEST: A-3a TO RA -1 a
TAX MAP KEY: 2 -2 -51:15
In regards to the above - mentioned Change of Zone application, the following shall be in accordance:
Fire apparatus access roads shall be in accordance with UFC Section 10.207:
"Fire Apparatus Access Roads
"Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained in
accordance with the provisions of this section.
"(b) Where Required. Fire apparatus access roads shall be required for every building hereafter
constructed when any portion of an exterior wall of the first story is located more than 150 feet
from fire department vehicle access as measured by an unobstructed route around the exterior of the
building.
"EXCEPTIONS: 1. When buildings are completely protected with an approved
automatic fire sprinkler system, the provisions of this section may be modified.
"2. When access roadways cannot be installed due to topography, waterways,
nonnegotiable grades or other similar conditions, the chief may require additional fire
protection as specified in Section 10.301 (b).
Planning p °�°�.._�� �:►
De t. SCANNED
Exhibit, CP - ,
6"6 5AI)
!
By 9
Hawai'i County is an Equal Opportunity Provider and Employ
BJ Leithead Todd
July 30, 2010
Page 2
•
"3. When there are not more than two Group R, Division 3 or Group M Occupancies, the
requirements of this section may be modified, provided, in the opinion of the chief, fire-
fighting or rescue operations would not be impaired.
"More than one fire apparatus road may be required when it is determined by the chief that access
by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or
other factors that could limit access.
"For high -piled combustible storage, see Section 81.109.
"(c) Width. The unobstructed width of a fire apparatus access road shall meet the requirements of
the appropriate county jurisdiction.
"(d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed vertical clearance
of not less than 13 feet . 6 inches.
"EXCEPTION: Upon approval vertical clearance may be reduced, provided such
reduction does not impair access by fire apparatus and approved signs are installed and
maintained indicating the established vertical clearance.
"(e) Permissible Modifications. Vertical clearances or widths required by this section may be
increased when, in the opinion of the chief, vertical clearances or widths are not adequate to provide
fire apparatus access.
"(f) Surface. Fire apparatus access roads shall be designed and maintained to support the imposed
loads of fire apparatus and shall be provided with a surface so as to provide all- weather driving
capabilities." (20 tons)
"(g) Turning Radius. The turning radius of a fire apparatus access road shall be as approved by
the chief." (45 feet)
"(h) Turnarounds. All dead -end fire apparatus access roads in excess of 150 feet in length shall
be provided with approved provisions for the turning around of fire apparatus.
"(i) Bridges. When a bridge is required to be used as access under this section, it shall be
constructed and maintained in accordance with the applicable sections of the Building Code and
using designed live loading sufficient to carry the. imposed loads of fire apparatus.
"(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved
by the chief." (15 %)
BJ Leithead Todd
July 30, 2010
Page 3
"(k) Obstruction. The required width of any fire apparatus access road shall not be obstructed in
any manner, including parking of vehicles. Minimum required widths and clearances established
under this section shall be maintained at all times.
"(1) Signs. When required by the fire chief, approved signs or other approved notices shall be
provided and maintained for fire apparatus access roads to identify such roads and prohibit the
obstruction thereof or both."
Water supply shall be in accordance with UFC Section 10.301(c):
"(c) Water Supply. An approved water supply capable of supplying required fire flow for fire
protection shall be provided to all premises upon which buildings or portions of buildings are
hereafter constructed, in accordance with the respective county water requirements. There shall be
provided, when required by the chief, on -site fire hydrants and mains capable of supplying the
required fire flow.
"Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed
systems capable of providing the required fire flow.
"The location, number and type of fire hydrants connected to a water supply capable of delivering
the required fire flow shall be protected as set forth by the respective county water requirements.
All hydrants shall be accessible to the fire department apparatus by roadways meeting the
requirements of Section 10.207.
Alt4 il)
O rir.
ire Chief
GA:lpc
•
, •
° F „ . h q - LAURA H. THIELEN
CHAIRPERSON
LINDA LINGLE + cP•' \ so DANDNATUR
L SI � r'+ ] :- C'/ �Iy�r ° BOARD OF LAND AND NATURAL RESOURCES
A
GOVERNOR OF HAWAII MANAGEMENT
l'l COMMISSION ON WATER RESOURCE hNNAGEM
t p s � f1 T
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n d and 2111$10 ! r n Is
K Migr r r STATE OF HAWAII
4 1 a
DEPARTMENT OF LAND AND NATURAL RESOURCES
LAND DIVISION
s t ate of Havl a =` POST OFFICE BOX 621
HONOLULU, HAWAII 96809
August 3, 2010
County of Hawaii
Planning Department
101 Pauahi Street Suite 3
Hilo, Hawaii 96720
Attention: Mr. Jeff Darrow
Ms. Maija Cottle
Ladies and Gentlemen:
Subject: Change of Zone Application (REZ 10- 000130)
Change of Zone (REZ 955)
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. Should you have any questions, please feel free to call our office at 587 -0433.
Thank you.
Sincerely,
S 1/ L am 24 -
4 0■Morris M. Atta
sting Administrator
Planning Dept.
Exhibit
SCANNED
AUG 05 2010
LINDA LINGLE """ti - CHIYOME L. FUKINO, M.D.
GOVERNOR '.
ti f ■959 y ; Director of Health
t IeSL
PLANNING DEPARTMENT
CQttm 9VI:11 `',= `^� ,.
2010 AUG -5 AM 0 16
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 916
HILO, HAWAII 96721 -0916
MEMORANDUM
DATE: August 4, 2010
TO: Bobby Jean Leithead Todd
Planning Director, County of Hawaii
FROM: Newton Inouye k
Acting District Environmental Health Program Chief
SUBJECT: Change of Zone Application (REZ 10- 000130)
Applicant: Gerald Kodama Trust
Request: A-3a to RA-la
Tax Map Key: 2 -2 -51:15
Wastewater Branch as no objection to the zoning change.
The Department of Health (DOH), Clean Water Branch (CWB), acknowledges receipt of the
subject document on July 28, 2010. The CWB has reviewed the limited information contained
in the subject document and offers the following comments:
1. The Army Corps of Engineers should be contacted at (808) 438 -9258 for this
project. Pursuant to Federal Water Pollution Control Act (commonly known as
the "Clean Water Act" (CWA)), Paragraph 401(a)(1), a Section 401 Water
Quality Certification (WQC) is required for "[a]ny applicant for Federal license or
permit to conduct any activity including, but not limited to, the construction or
operation of facilities, which may result in any discharge into the navigable
waters... ". The term "discharge" is defined in CWA, Subsections 502(16),
502(12), and 502(6); Title 40, Code of Federal Regulations, Section 122.2, and
Hawaii Administrative Rules (HAR), Chapter 11 -54.
2. In accordance with HAR, Sections 11 -55 -04 and 11 -55- 34.05, the Director of
Health may require the submittal of an individual permit application or a Notice
of Intent (NOI) for general permit coverage authorized under the National
Pollutant Discharge Elimination System (NPDES).
a. An application for an NPDES individual permit is to be submitted at 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:
SCANNED
Planning pt.
Exhibit AUG 0 5 2010
x . 65 450
BJ Leithead Todd
August 4, 2010
Page 2 of 3
http: / /www.hawaii.gov /health /environmental /water /cleanwater /forms /indi
v-index.html.
b. An NOI to be covered by an NPDES general permit is to be submitted at
least 30 days before the commencement of the respective activity. A
separate NOI is needed for coverage under each NPDES general permit.
The NOI forms may be picked up at our office or downloaded from our
website at:
http: / /www.hawaii .gov /health/environmental /water /cleanwater /forms /genl
- index.htrnl.
i. Storm water associated with industrial activities, as defined in Title
40, Code of Federal Regulations, Sections 122.26(b)(14)(i) through
122.26(b)(14)(ix) and 122.26(b)(14)(xi). [HAR, Chapter 11 -55,
Appendix B]
ii. Construction activities, including clearing, grading, and
excavation, that result in the disturbance of equal to or greater than
one (1) acre of total land area. The total land area includes a
contiguous area where multiple separate and distinct construction
activities may be taking place at different times on different
schedules under a larger common plan of development or sale. An
NPDES permit is required before the commencement of the
construction activities. [HAR, Chapter 11 -55, Appendix C]
iii. Discharges of treated effluent from leaking underground storage
tank remedial activities. [HAR, Chapter 11 -55, Appendix D]
iv. Discharges of once through cooling water less than one (1) million
gallons per day. [HAR, Chapter 11 -55, Appendix E]
v. Discharges of hydrotesting water. [HAR, Chapter 11 -55,
Appendix F]
vi. Discharges of construction dewatering effluent. [HAR, Chapter
11 -55, Appendix G]
vii. Discharges of treated effluent from petroleum bulk stations and
terminals. [HAR, Chapter 11 -55, Appendix H]
viii. Discharges of treated effluent from well drilling activities. [HAR,
Chapter 11 -55, Appendix I]
ix. Discharges of treated effluent from recycled water distribution
systems. [HAR, Chapter 11 -55, Appendix J]
x. Discharges of storm water from a small municipal separate storm
sewer system. [HAR, Chapter 11 -55, Appendix K]
BJ Leithead Todd
August 4, 2010
Page 3 of 3
xi. Discharges of circulation water from decorative ponds or tanks.
[HAR, Chapter 11 -55, Appendix L]
3. In accordance with HAR, Section 11- 55 -38, the applicant for an NPDES permit is
required to either submit a copy of the new NOI or NPDES permit application to
the State Department of Land and Natural Resources, State Historic Preservation
Division (SHPD), or demonstrate to the satisfaction of the DOH that the project,
activity, or site covered by the NOI or application has been or is being reviewed
by SHPD. If applicable, please submit a copy of the request for review by SHPD
or SHPD's determination letter for the project.
4. Any discharges related to project construction or operation activities, with or
without a Section 401 WQC or NPDES permit coverage, shall comply with the
applicable State Water Quality Standards as specified in HAR, Chapter 11 -54.
Hawaii Revised Statutes, Subsection 342D -50(a) requires that "[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.
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 departments,
developers, planners, engineers and other interested parties apply the healthy built environment
principles in the Checklist whenever they plan or review new developments or redevelopments
projects. We also ask you to share this list with others to increase community awareness on
healthy community design.
WORD:REZ 10- 000130.my
County of Hawaii
Planning Department f`),
101 Pauahi St. Suite 3
Hilo, HI 96720
September 1, 2010
Subject: Change of Zone Application (REZ 10- 0000130)
Applicant: Gerald Kodama Trust
Request: Ag-3a to Ra- l a
TMK (3) 2 -2- 051:015
Response to Department of Public Works Comment(s)
To Whom It May Concern:
•
The applicant, Mr. Gerald Kodama will comply with the Department of Public Works
recommendations; providing required improvements to the entire frontage of Lama
Street, conforming to the County of Hawaii, Department of Public Works standard detail,
"R -34" and any required utility relocation.
Sincerely,
L e i Mikkelson
: ent for the applicanT
anning ept•
Pl
Exhibit
County of Hawaii
Planning Department r
101 Pauahi St. Suite 3
Hilo, HI 96720
September 1, 2010
Subject: Change of Zone Application (REZ 10- 0000130)
Applicant: Gerald Kodama Trust
Request: Ag-3ato Ra -la
TMK (3) 2 -2- 051:015
Response to Department of Environmental Management Comment(s)
To Whom It May Concern:
The applicant, Mr. Gerald Kodama, will comply with the Department of Environmental
Management recommendations. Please note that there are four existing residences on the
subject parcel; no further construction is proposed. No commercial activities are proposed
for the subject parcel. There are mature macadamia nut trees on the parcel; any "green
waste" will be transported to the Hilo Landfill.
In anticipation of the requirement for a Solid Waste Management Plan, there has been
communication with Paul Nash, P.E. (Atlas Engineering) for preparation of the required
plan.
Sincerel
ri Mikkelson
Agent for the applicant
RKodama -REZ 10 -130. j wd -10 -07 -10
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
GERALD KODAMA TRUST
CHANGE OF ZONE APPLICATION (REZ 10 -130)
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 a Change of
Zone request be forwarded to the County Council. Since this recommendation is made
without the benefit of public testimony, the Director reserves the right to modify and/or alter this
recommendation based upon additional information presented at the public hearing. This
favorable recommendation is based on the following findings:
The applicant is requesting a Change of Zone from Agricultural 3 -acre (A -3a) to
Residential and Agricultural 1 -acre (RA -1a) for approximately 2.73 acres of land to
subdivide the property into two residential and agricultural lots. Currently, there are four
(4) permitted dwellings located on the property, which would result in two (2) dwellings
on each newly created lot. Additionally, there is approximately two hundred (200)
macadamia nut trees planted on the property.
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 change of zone request from A -3a to RA -la will conform to, among
others, the goals, policies and standards of the Economic and Land Use Elements of
the General Plan. The General Plan is intended to be used as a policy guide for the
coordinated growth and development of all sectors of the County. The overall goals,
policies and standards are set forth to physically plan the lands in the County in the best
interest of the island's residents. Land use is one of the principal focal points of public
concern and policy. The Land Use element provides the primary basis for direct control
-1-
and guidance of publicly and privately owned resources. The request conforms to the
policy of the Land Use element of the General Plan which state, "zone urban type uses in
areas with ease of access to community services and employment centers and with
adequate public utilities and facilities."
The Land Use Pattern Allocation Guide ( LUPAG) Map component of the General
Plan is a representation of the document's goals and policies to guide the coordinated
growth and development of the County. It reflects a graphic depiction of the physical
relationship among the various land uses. The LUPAG Map establishes the basic urban
and non -urban form for areas within the County. The subject area is designated Low
Density Urban. This designation includes residential, ancillary community and public
uses, and neighborhood and convenience -type commercial uses.
Additionally, the proposed change of zone will conform to, among others, the
goals, policies and standards of the Land Use and Economic General Plan Elements:
Land Use
• Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural and physical environments of the County.
• Allocate appropriate requested zoning in accordance with the existing or projected
needs of neighborhood, community, region and County.
• Zoning requests shall be reviewed with respect to General Plan designation,
district goals, regional plans, State Land Use District, compatibility with adjacent
zoned uses, availability of public services and utilities, access, and public need.
Economic
• Provide residents with opportunities to improve their quality of life through
economic development that enhances the County's natural and social
environments.
• Economic development and improvement shall be in balance with the physical,
social and cultural environments of the island of Hawaii.
• Provide an economic environment that allows new, expanded, or improved
economic opportunities that are compatible with the County's cultural, natural and
social environment.
-2-
Therefore, based on the above information, the proposed request is consistent
with the goals, policies and standards of the General Plan and the General Plan LUPAG
map designation for the subject property.
The proposed request will result in a more appropriate land use pattern that
will further the public necessity and convenience and the general welfare. When
considering an amendment initiated by a property owner or other person who proposes to
change the district classification of any property, the director shall also consider the
purposes of the existing and proposed district and the purposes of the Zoning Code and
shall recommend a change in a district boundary only where it would result in a more
appropriate land use pattern that will further the public necessity and convenience and the
general welfare.
In considering the purpose of the proposed RA (Residential and Agricultural)
district classification, the RA zoned district will provide for activities or uses
characterized by low density residential lots in rural areas where "city- like"
concentrations of people, structures, streets, and urban level of services are absent, and
where small farms are intermixed with low density residential lots. The RA district is
intended to be only within areas designated as being in the State land use rural or urban
districts. This classification would result in a more appropriate land use pattern as the
Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan
designates this area as Low Density Urban and is located within the State Land Use
Urban district. Surrounding properties are similarly zoned A -3a and includes a mix of
single - family dwellings, agriculture uses, or vacant land.
For the purpose of promoting health, safety, morals, or the general welfare of the
County, the Zoning Code regulates and restricts the height, size of buildings, and other
structures, the percentage of a building site that may be occupied, off - street parking,
setbacks, size of yards, courts, and other open spaces, the density of population, and the
location and use of buildings, structures, and land for trade, industry, residence, or other
purposes. In considering the purposes of the Zoning Code in relation to the proposed
request, the approval of the request will result in an additional lot but will not result in an
overall unit density within the property.
-3-
Based on the above information, the proposed request will result in a more
appropriate land use pattern that will further the public necessity and convenience, and
the general welfare of the County.
The proposed request will not burden public agencies to provide utilities and
services to the subject property. Access to the property is from Lama Street, which is a
County road with a 20 -foot wide pavement within a 50 -foot wide right -of -way. The
Department of Public Works recommends that the applicant provide improvements to the
subject property's entire Lama Street frontage consisting of, but not limited to, a paved
shoulder and a paved swale conforming to the Department of Public Work's standard
detail R -34. A condition of approval will be added in response of DPW's
recommendation.
County water can be made available to the property via an existing 6 -inch
waterline at Awa Street for the proposed lot. As there is no municipal sewer system in
the area, wastewater will be disposed of into individual wastewater systems meeting the
standards and requirements of the State Department of Health. Solid waste will be
disposed of by commercial haulers or individual homeowners into an approved landfill.
All essential utilities are available to the site. Police, fire and emergency facilities are
located in Hilo.
The property has no severe geological or topographical problems which
cannot be rectified or which would render the land unusable. The project site is
located within Zone "X ", which is an area determined by FEMA to be outside the 500 -
year floodplain. If required by the Department of Public Works, the applicant will
provide a drainage study and ensure that all development generated storm run -off be
disposed of on -site and not allowed onto adjacent properties or roadways.
The request is not contrary to Chapter 205A, Hawaii Revised Statutes,
relating to Coastal Zone Management Area. The property is not situated within the
Special Management Area. It is located approximately 4.5 miles from the nearest
coastline and therefore, will not be impacted by coastal hazard and beach erosion. There
are no identified recreational resources, historic resources, public access to the shoreline
or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources
or other natural and environmental resources in the area. Thus, the proposed request and
-4-
use of the property will not adversely impact those resources. Because the property is
developed, it is not anticipated that endangered or threatened candidate species of flora or
fauna are located within the subject property, nor has the area been identified as a
significant botanical or biological habitat. Presently, there is no evidence of any
traditional and customary Native Hawaiian rights being practiced on the site, nor
existence of known valued cultural, historical or native resources in the area. Thus, it is
not anticipated that the proposed request will have any adverse impact on cultural or
historical resources in the area.
Based on the above findings, the approval of the Change of Zone request from an
Agricultural 3 -acre (A -3a) to a Residential and Agricultural .5 -acre (RA -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 1983 (2005 Edition), is provided for your
favorable consideration. Please note the proposed conditions of approval attached to the draft
bill.
-5-
COUNTY OF HAWAII - + / • - STATE OF HAWAII
•
' A•
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25 -8 -33 (CITY OF HILO ZONE MAP),
1 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 RESIDENTIAL AND AGRICULTURAL —
ONE ACRE (RA -1A) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP
KEY: 2 -2- 051:015.
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 Residential and Agricultural — One Acre (RA -1a):
Beginning at the southwest corner of this parcel of land, being also the southeast
corner of Lot 13, Pana`ewa House Lots and on the northerly side of Lama Street, the
coordinates of said point of beginning referred to Government Survey Triangulation
Station "HALAI ", being 17,405.16 feet South and 14,860.46 feet East, thence running by
azimuths measured clockwise from true South:
1. 161° 00' 538.29 feet along Grant S- 13,961 to Yoshimasa and
Akiyo Murayama Nakagawa, Isao and
Fumie Omoto Nakagawa, Ernest Abraham
and Eileen Yoshie Nakagawa Duvauchelle
(Lot 13, Pana`ewa House Lots);
2. 251° 00' 221.25 feet along Grant S- 13,969 to Procopio Sim
Vesperas and Emily Kaiawe Vesperas
(Lot 9, Pana`ewa House Lots);
-1-
3. 341° 00' 538.29 feet along Grant S- 13,820 to Susumu and
June Tomiko Nishimura Ishida (Lot 15,
Pana`ewa House Lots);
• 4. 71° 00' 221.25 feet along Lama Street to the point of
beginning and containing an area of 119,097
Square Feet or 2.734 Acres.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
$ made a part hereof.
SECTION 2. In accordance with Section 25 -2 -44, Hawai`i County Code 1983 (2005
Edition), the County Council finds the following conditions are:
Necessary to prevent circumstances which may be adverse to the public health, safety
and welfare; or
(1) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
SEE ATTACHED CONDITIONS
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:
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A -1a
■
A -10a
' -3a
MP
AGRICULTURAL - 3 ACRE (A-3a) TO
I I
°' RESIDENTIAL AND AGRICULTURAL -1 ACRE (RA -1 a)
2.734 ACRES TOTAL
1
IP
17,405 S
74.860.46' E
1111% N
MPMP�� SI -3a A -3a O A
Feet
0 250 500 1,000 1,500 2,000
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25 -8 -33 (CITY OF HILO ZONE MAP) ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL - THREE ACRES (A -3a)
TO RESIDENTIAL AND AGRICULTURAL - ONE ACRE (RA -1a)
AT WAIAKEA, SOUTH HILO, HAWAII
MAP PREPARED BY:
COUNTY OF HAWAII, PLANNING DEPARTMENT •
TMK: (3)2- 2- 051:015 DATE: Sep 24, 2010
EXHIBIT "A" Gerald Kodama Trust
Map: 1304
CKod ama -REZ 10 -13 0. j wd - 10 -07 -10
GERALD KODAMA TRUST
CHANGE OF ZONE APPLICATION (REZ 10 -130)
CONDITIONS OF APPROVAL
A. The applicant(s), its successors or assigns shall be responsible for complying with
all of the stated conditions of approval.
B. The required water commitment payment for the three (3) additional units of
water shall be submitted to the Depailiuent 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.
C. 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 530 lineal feet of 6 -inch water main along Lama
Street, 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 dwelling, (c) possible installation of at least
one fire hydrant, and (d) subject to other agencies' requirements to construct
improvements within the road right -of -way fronting the property affecting 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.
D. Final Subdivision Approval of the subject property shall be secured within five
(5) years from the effective date of this ordinance.
E. All driveway connections to Lama Street shall conform to Chapter 22, County
Streets, of the Hawaii County Code.
F. The applicant shall provide improvements to the subject property's entire Lama
Street frontage consisting of, but not limited to, a paved shoulder (8 -foot wide)
and a paved swale (12 -foot wide) conforming to the Department of Public Work's
standard detail R -34, drainage improvements and any required utility relocation.
G. All development - generated runoff shall be disposed of on -site and shall not be
directed toward any adjacent properties. If required, a drainage study shall be
• prepared and submitted to the Department of Public Works and any required
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drainage improvements shall be constructed, meeting the approval of the
Department of Public Works prior to Final Subdivision Approval.
H. The method of sewage disposal shall meet with the requirements of the State
Department of Health.
Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exactions or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
J. Should any remains of historic sites, such as rock walls, terraces, platforms,
marine shell concentrations or human burials be encountered, work in the
immediate area shall cease and the Department of Land and Natural Resources -
Historic Preservation Division (DLNR -HPD) shall be immediately notified.
Subsequent work shall proceed upon an archaeological clearance from the DLNR-
HPD when it finds that sufficient mitigative measures have been taken.
K. The applicant(s) shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements.
L. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
1. The non - performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant(s), its 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).
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5. If the applicant(s) should require an additional extension of time, the
Planning Director shall submit the applicant(s)' request to the County
Council for appropriate action.
Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate rezoning of the subject area to its original or
more appropriate designation.
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