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HomeMy WebLinkAboutCOM 0136.000 2010-2012William P. Kenoi Mayor County of Hawaii PLANNING DEPARTMENT Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone(808)961 -8288 • Fax(808)961 -8742 March 3, 2011 Honorable Dominic Yagong, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yagong and Members: change of Zone Application (REZ 10- 000134) Applicant: Michael and Marcia Frenz Request: A -3a to RS -40 Tax Map Key: 2- 4- 70:portion 1 Initiator: Planning Director Amendments to Puna Community Development Plan (CDP) BJ Leithead Todd Director Margaret K. Mastmaga Deputy As required by Chapter 4, Sec. 6- 4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Windward Planning Commission's letters and enclosures regarding the above - referenced requests. Sincerely, illiam P. Kenoi Mayor Enclosures cc: Planning Department �Bi ji 34> Hawaii CountY is an Equal Opporninav Provider and Employer Comm. No. (D Ref. To: (,- Ref. Date WR I 7 County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961 -8288 • Fax (808) 961 -8742 The Honorable Dominic Yagong, Chairman -. and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yagong and Council Members: Change of Zone Application (REZ 10- 000134) Applicant: Michael and Marcia Frenz Request: A -3a to RS -40 Tax Map Key: 2- 4- 70:portion 1 The Windward Planning Commission, after a duly held public hearing on February 3, 2011, voted to recommend for your approval the proposed legislative bill for a Change of Zone from an Agricultural - 3 acre (A -3a) to Single- Family Residential - 40,000 square feet (RS -40) district for approximately one acre of land. The property is the site of Frank's Foods meat manufacturing facility located on the south side of Kawailani Street, Waiakea Homesteads, Waiakea, South Hilo, Hawaii. 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 A -3a to RS -40 for one acre of land which is a portion of a larger 17 -acre property. The remaining 16 -acre portion of the property will continue to operate as a pasture and a meat processing business. Upon approval of the change of zone, the applicants will subdivide the one -acre area from the larger lot. Ownership of the subdivided one -acre area will be conveyed to the applicants' daughter who currently resides in the existing one -story, approximately 3,124- square foot single - family dwelling situated in the proposed one -acre project site. No additional single- family dwellings will be constructed on the rezoned one -acre area. Hawai'i County is an Equal Opportunity Provider and Employer The Honorable Dominic Yagong, Chairman and Members of the County Council Page 2 In 2005, an Additional Farm Dwelling Agreement was approved by the Planning Department and recorded with the State Bureau of Conveyances. Should the rezoning be approved and the one -acre project site subdivided from the property, the applicants will need to file a notice with the Bureau of Conveyances rescinding the agreement since the dwelling will no longer be considered an additional farm dwelling. 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 Agricultural (A -3a) to Single - Family Residential 40,000 square feet (RS -40) conforms to, among others, the goals, policies and standards of the General Plan Economic and Land Use Elements. The property is zoned A -3a and the State Land Use designation is Urban. 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 allows residential, with ancillary community and public uses, and neighborhood and convenience -type commercial uses. Thus, the request would be consistent with the General Plan land use designation and will be in harmony with the character of the surrounding neighborhood and result in an intensity of land utilization no higher than as permitted or as otherwise specified for the district in which this proposed development occurs. In addition, the Hilo CDP adopted by Resolution No. 1 effective May 21, 1975 designates this area as RS- 10/15, which is consistent with the GP LUPAG map. The subject area is a one -acre portion of an approximately 17 -acre parcel, site of Frank's Foods meat manufacturing facility situated on .5 acre of the 17 -acre property. The one -acre project site, which is landscaped and fenced, is improved with a single- family dwelling. The remaining 15.5 -acre area will continue to be used for the cattle grazing operation and be dedicated for pastoral use. The Honorable Dominic Yagong, Chairman and Members of the County Council Page 3 Surrounding properties are in residential uses and zoned A -la to the north along Kawailani Street, RS -10 to the east (makai) and south, and RS -15 to the west (mauka). The three one -acre properties along Kawailani Street zoned A -1a were created as a result of a rezoning of 3.44 acres under Ordinance No. 207 effective May 26, 1976. Each lot is improved with a single - family dwelling. Therefore, a favorable recommendation of this change of zone request will be consistent with the existing land uses within this portion of Hilo. The project site is designated Zone "X ", areas determined to be outside the 500 - year flood plain. The Waiakea or Kawailani Stream abutting the project site to the south is designated "AE ", an area within the 100 -year flood plain; however, the project site is not affected by the stream. The property is unclassified by the Agricultural Lands of Importance to the State of Hawaii (ALISH) System. Soils within the property and surrounding area are unclassified by the Land Study Bureau. Access to the project site is from Kawailani Street to a 16 -foot wide road easement. This easement also provides access to the meat processing facility. The easement traverses through the properties of Bruce Frenz and David Frenz (TMK: 2 -4 -70: 3 and 4), then traverses a larger lot and ends at the rezone area. Both brothers have authorized the applicants to utilize the road easement through their properties. This access easement may need to be improved as part of the subdivision process, which we recommend the Commission defer to instead of legislating specific access requirements. All utilities and services are available to the site. County water is available to the project site. The existing dwelling is currently served by an individual wastewater treatment system. The subject request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is not located within the Special Management Area. As such, the project site will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources, public access to the shoreline or mountain areas, designated scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the immediate project area. Thus, the proposed request and use of the property will not adversely impact those resources. The Honorable Dominic Yagong, Chairman and Members of the County Council Page 4 By letter dated September 17, 2010, the applicants have requested a letter of no effect from the State Department of Land and Natural Resources Historic Preservation Division (DLNR -HPD). The property is not among those listed as historic in the Hawaii State Register of Historic Places and has not been determined to be eligible for inclusion in the National Register of Historic Places. As the project site is improved with a single- family dwelling and used for pastoral purposes, no professional flora or fauna study was conducted of the site. Due to the developed state of the project site, the applicants believe that there are no known rare or endangered flora or fauna on the site. The project site and immediately surrounding area has not been identified as a significant botanical or biological habitat. Based on the above findings, the approval of the Change of Zone request from an Agricultural (A -3a) to a Single Family Residential (RS -40) 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 Hawaii County Code 1983 (2005 Edition) is provided for your favorable consideration is transmitted. We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, Zendo Kern, Chairman Windward Planning Commission I ftenzrul0 -134 #2 Enclosures cc: Department of Public Works Department of Water Supply Department of Land & Natural Resources -HPD Amy Self, Esq., Corporation Counsel B FrenizREZ. do c -1 / 10/ 1 I COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT MICHAEL and MARCIA FRENZ CHANGE OF ZONE APPLICATION (REZ 10 -134) MICHAEL and MARCIA FRENZ have submitted an application for a Change of Zone from Agricultural 3 -acres (A -3a) to Single - Family Residential 40,000 square feet (RS -40) for approximately one acre of land. The property is the site of Frank's Foods meat manufacturing facility located on the south side of Kawailani Street, Waiakea Homesteads, Waiakea, South, Hilo, Hawaii, TMK: 2 -4 -70: por. 1. PROPOSED ACTION 1. " Request: Change of zone from A -3a to RS -40 for one acre of land, which is a portion of a larger 17 -acre property. The remaining 16 -acre portion of the property will continue to operate as a pasture and a meat processing business. Upon approval of the change of zone, the applicants will subdivide the one -acre project site from the larger 17 -acre parcel. Ownership of the subdivided one -acre project site will be conveyed to the applicants' daughter who currently resides in the existing one -story, approximately 3,124 - square foot single - family dwelling situated in the proposed one -acre project site. No additional single- family dwellings will be constructed on the rezoned project site. In 2005, an Additional Farm Dwelling Agreement was approved by the Planning Department and recorded with the State Bureau of Conveyances. Should the rezoning be approved and the one -acre project site subdivided from the property, the applicants will need to file a notice with the Bureau of Conveyances rescinding the agreement since the dwelling will no longer be considered an additional farm dwelling. (Planning Department Exhibit 1 - Change of Zone application) 2. Project Schedule: The applicants intend to submit the subdivision application upon approval of the change of zone. Upon approval of the subdivision, ownership of the one- acre project site will be conveyed to the daughter. 3. Landowners: Michael and Marcia Frenz, and brothers Bruce Frenz and David Frenz. ATTACH: Comm. 136 Bill 34 STATE AND COUNTY PLANS 4. State Land Use Designation: Urban. 5. GP LUPAG Map: Low Density Urban. 6. County Zoning: A -3a. 7. Hilo Community Development Plan (CDP): The Hilo CDP adopted by Resolution No. 1 effective May 21, 1975 designates this area as RS- 10/15, which is consistent with the GP LUPAG map. 8. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawaii lies within the Coastal Zone Management Area. 9. 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 situated within the Special Management Area. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 10. Project Site: The project site is a one -acre portion of an approximately 17 -acre parcel, site of Frank's Foods located on the south side of Kawailani Street. The project site is improved with a single - family dwelling originally approved as an additional farm dwelling in 2005 to serve the existing cattle raising operation on the entire property. The one - story, 3,142 - square foot 3- bedroom dwelling includes a 490 - square foot attached garage and a 750- square foot detached garage structure. The project site is fenced and landscaped. Frank's Foods meat manufacturing facility is situated on .5 acre of the 17 -acre parcel. The plant consists of a 7,390- square foot manufacturing building and three accessory structures (freezer unit, storage and lunch room) which total 2,212 square feet. There is an older, 2- bedroom, 1,272 - square foot single - family dwelling on the .5 -acre area. The meat processing facility was established 55 years ago- by Variance Permit No. 96 on May 2, 1955. On April 22, 1966, the Planning Commission recommended approval of a Special Permit to allow the construction of additions to the existing meat facility. The State Land Use Commission accepted the recommendation of the Planning Commission on July 7, 1966. On•July 19, 1985, the Planning Department approved a variance request to allow the further expansion of the meat processing facility. -2- The remaining 15.5 -acre area will continue to be used for the cattle grazing operation. The applicants will continue to dedicate this remaining area for pastoral use. An initial agricultural dedication was granted by the Real Property Tax Division on July 1, 2001 for approximately 16 acres of the property. The applicants and their families will continue the agricultural dedication of the remaining area for pasture use, minus the one -acre project site proposed for the rezoning. 11. Surrounding Zoning/Land Uses: Surrounding properties are in residential uses and zoned A -la to the north along Kawailani Street, RS -10 to the east (makai) and south, and RS -15 to the west (mauka). The three one -acre properties along Kawailani Street zoned A -la were created as a result of a rezoning of 3.44 acres under Ordinance No. 207 effective May 26, 1976. Each lot is improved with a single - family dwelling. 12. ALISH: Unclassified. 13. Land Study Bureau's Detailed Land Classification System: Urban. 14. U.S. Soil Survey: Olaa series, which consists of well- drained silty clay loams that formed in volcanic ash. Permeability is rapid, runoff is slow, and the erosion hazard is slight. 15. FEMA: The project site is designated Zone 'W", areas determined to be outside the 500- year flood plain. The Waiakea or Kawailani Stream abutting the project site to the south is designated "AE ", an area within the 100 -year flood plain. The project site is not affected by the stream. 16. Flora /Fauna: As the project site is improved with a single - family dwelling and used for pastoral purposes, no professional flora or fauna study was conducted of the site. Due to the developed state of the project site, the applicants believe that there are no known rare or endangered flora or fauna on the site. The area has not been identified as a significant botanical or biological habitat. 17. Arehaeological/Cultural Resources: By letter dated September 17, 2010, the applicants have requested a letter of no effect from the State Department of Land and Natural Resources Historic Preservation Division (DLNR -HPD). The property is not among those listed as historic in the Hawaii State Register of Historic Places and has not been determined to be eligible for inclusion in the National Register of Historic Places. 18. Air Quality: The proposed project is not expected to impact air quality in the area. -3- 19. ScenicNisual Resources: The property is not listed as a scenic site in the Natural Beauty element of the General Plan. 20, Public Access: None that traverses the property. 21. Traffic: The proposed action will not create an increase in traffic. PUBLIC UTILITIES AND SERVICES 22. Access: Access to the project site is from Kawailani Street to a 16 -foot wide road easement. This easement also provides access to the meat processing facility. The easement traverses through the properties of Bruce Frenz and David Frenz (TMK: 2 -4- 70: 3 and 4), then traverses a larger lot and ends at the rezone area. Both brothers have authorized the applicants to utilize the road easement through their properties. 23. Water: County water is available to the site. 24. Wastewater: The existing dwelling is currently served by an individual wastewater treatment system. 25. Solid Waste: Solid waste will be disposed of at the Hilo transfer station. 26. Essential Utilities and Services: All essential utilities are available to the project site. The Kawailani Fire Station is located approximately one mile from the project site. Police and emergency services are located in close proximity to the area. AGENCIES' COMMENTS 27. Department of Public Works: P. D. Exhibit 2 - December 7, 2010 memo 28. Department of Water Supply: P.D. Exhibit 3 - December 9, 2010.1etter 29, Police Department: P.D. Exhibit 4 - November 18, 2010 memo 30. Department of Environmental Management: P. D. Exhibit 5 - December 1, 2010 memo 31. Department of Health: P.D. Exhibit 6 - November 23, 2010 memo AGENCIES AND ORGANIZATIONS - NO RESPONSES 32. DLNR -HPD AGENCIES - NO COMMENTS 33. Fire Department, DLNR Land Division PUBLIC COMMENTS 34. None as of this writing. -4- t ,t �{ !+ J n © A� r T ! r IJrfr;{Zi o f i "( MICHAEL AND MARCIA FRENZ COUNTY ENVIRONMENTAL REPORT APPLICATION FOR CHANGE OF ZONE A -3a to RS-40 Waiakea, South Hilo, Hawaii Tag Map Key: (3) 2 -4 -70: Portion of 1 October 27, 2010 Planning Dept. Exhibit _,�,__ a. CHANGE OF ZONE APPLICA'T'ION COUNTY OF HAWAII PLANNING DEPARTMENT APPLICANTS: Michael and Marcia Frenz APPLICANTS' SIGNATURES: ` DATE: October 8, 2010 ADDRESS: 1145 W. Kawailani St., Hilo, HI 96720 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAME OF MAIN OFFICERS: PHONE: (Bus) 808 - 959 -9121 (Res) (Fax) LANDOWNER(S): Michael & Marcia Frenz, Bruce Frenz and David Frenz LANDOWNER(S) SIGNATURE: (see attached letter dated October 7, 2010) LANDOWNERS) ADDRESS: (see letter) REQUEST: A -3a to RS-40 TAX MAP KEY: (3) 2 -4-70: portion of I STREET ADDRESS OF PROPERTY: 1141 W. Kawailani St., Hilo, 11196720 SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: I acre AGENT: ADDRESS: TELEPHONE: (Bus) (Res) (Fax) ORIGINAL: Applicants COPIES: ATTACHMENT Residential Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION F OR 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? e S if yes, please answer the rest of question 1 and then to question 3. d How many acres of the requested area do you intend to subdivide? a Cf tG b. Into what lot sizes? C. if your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? {fuW� �lrte Y d. Do you intend to build houses on the newly created lots? h O if yes, please answer the following questions: on how many of those lots? At what approximate price range? House Lots 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. other (please state) f If you intend to do either a, b, or c, please elaborate _ on the kind of plans the other party has. Please, also, include .in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do You think that your request and your further plans for the land will alleviate the local housing situation? Y1 O How? 4. Are there any buildings on the subject area? If so, what kind? Guile- �c,VAy dv�S C1ltRC, what do you intend to do with those buildings if your request is approved? R at&,' n -2- 5. Is the subject land currently being used for any agricultural activity? If so, please list the kinds of products grown and on how many square feet or acres of land per product. 6. To your knowledge, has there been any flooding and /or drainage problem on the subject area? If so, please describe the problem. 7 • Do you think that the roads leading to the subject area needs improvement? If so, what kind? no �O Is the road adequate for the proposed traffic volume or load? - - t ; $• What sort of governmental assistance and /or improvements do you feel wi be needed in the subject area when developed ? -3- yes NQ a. Schools X b. Roads ?C C . Sewer Zc d. Drainage e. police Protection X -3- f. Fire Protection g_ Recreational Facilities h. Public Utilities h Yes X x X i , of er For those checked "yes," please elaborate what type or kinds of improvements and /or assistance are needed. f Signature: Address: Telephone: C'9 0S) 9 59 - q 12-% Date: 10 -$ - to 333A/50A -4- .D. 5/84 COUNTY ENVIRONMENTAL REPORT APPLICANTS: MICHAEL AND MARCIA FRENZ Application for Change of Zone A -3a to RS40 Waiakea, South Hilo, Hawaii TMK: 24-70: portion of 1 I . Michael and Marcia Frenz ( "Applicants ") are seeking a Change of Zone for an one -acre area from an Agricultural 3 -acre (A -3a) to a Single- Family Residential 40,000 square -feet (RS -40) district. They plan to subdivide and convey ownership of the one -acre area to their daughter who currently resides in the single - family dwelling situated on the one -acre area. The one -acre area is a portion of a larger 17 -acre parcel. IL LANDOWNERSHIP The property is owned by the Frenz family consisting of the Applicants, and brothers, Bruce Frenz and David Frenz. Both brothers have authorized the Applicants to file the rezoning request. I1I. PROJECT LOCATION The project area consists of one acre, which is a portion of a larger 17 -acre lot located off the south side of Kawailam Street, Waiakea Homesteads, Waiakea, South Hilo, Hawaii. The 17 -acre property site includes the Frank's Foods meat manufacturing facility and its pasture lands. W. PROJECT DESCRIPTION Upon receipt of the change of zone, the Applicants will subdivide the one -acre area from the Iarger lot. Ownership of the subdivided one -acre area with the existing single - family dwelling will then be conveyed to the Applicants' daughter. The daughter currently resides in the existing one -story, 3,142- square foot, single - family dwelling. No additional single -family dwellings will be constructed on the rezoned one -acre area. The Applicants will be agreeable to a condition imposed 1 as part of the rezoning that no additional single - family dwellings will be constructed on the one -acre area- In this regard, there will be no increase in the residential density as a result of this rezoning. In 2005, the Applicants' and brothers submitted An Additional Faun DweLlin Agreement Application for the existing single- family dwelling situated on the one -acre area. The agreement was approved by the County of Hawaii Planning Department and was recorded with the State of Hawaii Bureau of Conveyances. Should the rezoning application be approved and the one -acre area subdivided from the larger area, the Applicants or their daughter would have to file a notice with the Bureau of Conveyances rescinding the agreement since the dwelling would no longer be considered an additional farm dwelling. An existing 16 -foot wide roadway easement provides access to the one -acre area. This easement also provides access to the meat processing facility. The easement, located off West Kawailani Street, traverses through the properties of David Frenz and Bruce Frenz identified as TMK: 2A-70:4 and 3, respectively. It then traverses the larger lot and ends at the rezone area. Both brothers have authorized the Applicants to utilize the road easement through their properties. The remaining 16 -acre area will continued to operate as a pasture and a meat processing business. The zoning of the remaining lands will remain A 3a. V. SUBDIVISION TIMETABLE The Applicants intend to submit the subdivision application immediately upon approval of the rezoning application. Upon approval of the subdivision, ownership of the one -acre area will be conveyed to the daughter. VI. LAND USE DESIGNATIONS A. County General Plan The General Plan Land Use Pattern Allocation Guide {referred to as "LUPAG "} map designation for the property, as well as the surrounding area, is Low Density Urban Development. Such a land use designation allows for single - family residential zoning and uses. The requested zone change is also consistent with the following goals and policies of the General Plan: • Zone urban type uses in auras with ease of access to community services and employment centers and with adequate public utilities and facilities. • Promote and encourage the use of urban areas that are serviced by basic community facilities and utilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • Maximize choices of single - family residential lots and/or housing for residents of the County. • Ensure compatible uses within and adjacent to single- family residential zoned areas. • Provide single- family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. • Encourage and expand home ownership opportunities for residents. B. State Land Use The property, as well as surrounding lands within the Waiakea Homesteads, was placed in the Urban district in 1974 as part of a statewide comprehensive review by the State Land Use Commission. Of all the lands that were reclassified Urban, this property is one of the few remaining lots in this section of Waiakea Homesteads which has not been zoned for single - family residential use. C. Hilo Community Development Plan The Hilo CDP was adopted by the Planning Commission in 1975 as PC Resolution No. 1 and intended to further define the General Plan and 3 provide short and middle range implementation strategies of the General Plan_ The CDP's Land Use Concept Map identified this area as RS- 10/15, which is consistent with the County General Plan LUPAG map designation for the area. Since the density of the RS-40 zoning will be much less than the density of the RS -10/15 zoning, the proposed rezoning will definitely be consistent with the land use designation articulated in the Hilo CDP. D. County Zoning The entire property is designated Agricultural 3 -acre (A -3a). Surrounding lands are either zoned RS -10 or RS -15 and have been developed into single - fancily residential subdivisions. The property is one of the few lots within the Waiakea Homesteads that has not been rezoned for single- family residential purposes. E. Special Management Area The property is not located in the Special Man_ agement Area (SMA); as such, no SMA Permit is required- F. Hawaii Coastal Zone Management Program The objectives of the Hawaii Coastal Zone Management (CZM) Program are outlined in Chapter 205A, Hawaii Revised Statutes. The principal goal is to assure the protection and maintenance of the State's coastal resources. Although the entire State falls within the CZM area, the permitting process is geared for those areas proximate to the coast and identified by the County as the Special Management Area The proposed project will not have any substantial adverse environmental or ecological effect. Any effect that may result will be minimized to the extent practicable and will be clearly outweighed by public interest. VII. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING A. Project site The one -acre area consists of a single- family dwelling which was originally approved as a second farm dwelling in 2005 to serve the existing cattle raising operation on 15.5 acres of the entire property. The one -story, 3,142- square foot 3- bedroom dwelling also includes a 490 - square foot attached garage and a 750 - square foot detached garage structure. The ono -acre area is fenced and landscaped. 4 & Remainder of Property The Frank's Foods meat manufacturing facility is situated on 0.5 acre of the larger I7 -acre parcel. The plant consists of a 7,390 - square foot manufacturing building and three accessory structures (freezer unit, storage and lunch room) which total 2,212 square feet. Also on the 0.5- acre area is an older 2- bedroom, 1,272- square foot single - family dwelling. The meat processing facility was established by Zoning Variance Permit No. 96 by the then County Planning and Traffic Commission on May 2, 1955. On April 22,1966, the County Planning Commission reviewed and recommended approval of a Special Permit to allow the construction of additions to the existing meat processing facility. The State Land Use Commission subsequently reviewed and accepted the recommendation of the Planning Commission at its meeting on July 7,1966. On July 19, 1985, the Planning Department approved a variance request to allow the further expansion of the non - conforming meat processing facility. The remaining 15.5 -acre area will continue to be used for the cattle grazing operation. There are no immediate plans to take the lands out of graving. In fact, the Applicants will continue to dedicate this remaining area for pastoral use. An initial agricultural dedication was granted by the County of Hawaii Department of Finance, Real Property Tax Division on July 1, 2001, for approximately 16 acres of the entire parcel. The Frenz families will continue the agricultural dedication of the remaining area for pasture use minus the one -acre area proposed for rezoning. C. Surrounding properties The lands surrounding the project site and property are primarily in single - family residential use. Lots within the existing residential subdivisions are approximately 10,000 to 15,000 square feet in size. The majority of the lots within these subdivisions are improved with single - family residences. The three adjacent one -acre properties along West Kawailani Street were created as a result of a rezoning of 3.44 acres under Ordinance No. 207 effective May 26, 1976. These three lots were subdivided and conveyed to the Applicants and their two brothers. Each landowner has constructed a single - family dwelling on their respective lots. The requested zoning is consistent with the existing residential land use pattern of this section of Waiakea Homesteads. E D. Climate, Soil and Topography The annual median rainfall for this area ranges from 100 to 175 inches. Wind patterns are generally easterly during the day and westerly during the evenings. The project site is fairly level and is elevated from the rest of the property. The Natural Resource Conservation Service's Land Study Bureau Overall Master Productivity Rating designates this site as Olaa Series, which consists of well- drained silty clay loams that formed in volcanic ash. The surface layer and subsoil are about 16 inches thick and 9 inches thick, respectively. Permeability is rapid, runoff is slow, and the erosion hazard is slight. The project site is unclassified under the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system. This classification does not recognize this site as being agriculturally important. E. Natural Hazards 1. Drainage The Federal Emergency Management Agency (FEMA) Flood Insurance Rate map (FIRM) identifies the project area as Zone "X" (areas outside of the 500 -year flood plain). A portion of Waiakea Stream (also referred to as "Kawailani Stream') designated "AE" (areas within the 100 -year flood plain) is located immediately north of the one -acre area. However, it will not affect the petitioned area The area under consideration is substantially higher than the stream. 2. Volcanic, Earthquake and Tsunami Hazards According to the United States Geological Survey maps, the project site is located within Lava Flow Hazard Zone 3, on a scale of ascending risks 9 to 1. The entire City of Hilo falls in the Zone 3 category. The Building Code designates the entire island of Hawaii as Earthquake Zone 4 and contains certain structural requirements to address the relative seismic hazard. Since the property is a substantial distance from the shoreline, it is not located in the County of Hawaii Civil Defense Agency's T sunami Evacuation Zone. 3. Flora and Fauna No professional flora or fauna study was conducted of the project site since it is currently used for single - family residential purposes. Due to the developed state of the project site and its immediate surroundings, the Applicants do not believe that rare or endangered floral or faunal resources are likely to be found within or proximate to the site. The project site has been in pastoral use for a number of years and prior to that, in sugar cane production. Plant species found on the site and within the surrounding vicinity are introduced landscaping. Due to the long -term residential use of the project site and surrounding lands, it is not anticipated that endangered or threatened candidate species of flora or fauna are located within the property. The area has not been identified as a significant botanical or biological habitat. Fauna observed within the property and vicinity includes the .Japanese White -Eye, Yellow -Billed Cardinal, Zebra Dove, Common Myna, House Sparrow, and House Finch. Domestic mammals such as cats and dogs and other animals such as mongoose are common to the area. None of the species are rare or endangered. Due to the surrounding established urban uses, it is highly unlikely that the site would serve as a habitat for rare or endangered animal species. 4. Flood and Coastal Hazards The Federal Emergency Management Agency (FEMA) designates the project site as Zone "X ", areas outside the 500 -year flood plain and is not shown on Flood Insurance Rate Maps on file with the County Department of Public Works. The Waiakea or Kawailani Stream abutting the project site on the south is designated "AE", an area within the 100 -year flood plain. The project site, however, is not affected by the stream. 5. Noise, Air Quality and Dust Generally, air quality is affected by regional and local climates as well as the amount and type of human activity in a given location. No large, stationery sources of air pollutants and no major industries are located within the project area Air quality in the vicinity is most affected by emissions from natural and vehicular �fll I f Existing ambient noise in this area includes wind, foliage and traffic on West Kawailani Street which serves as the main roadway 7 in this area of Hilo. The adjacent meat manufacturing facility does not generate excessive noise or dust to the project site_ The rezoning action to accommodate the subdivision of the one- acre area on which the existing dwelling is situated upon will not generate any increase in traffic in the area. The proposed rezoning action should not generate any direct air impacts. As the project itself is not expected to generate adverse air pollutants, the only air quality impact would be associated with vehicular traffic to and from the site as well as to the meat processing plant. Given the existing ambient noise and existing urban environment, the proposed request would not have a significant noise impact to surrounding properties. 6. Water and Coastal Resources Since the project site is located several miles from the coastline, there will not be any coastal impacts resulting from discharge or drainage systems from the site. 7. Scenic and Visual Consideration In the Natural Beauty element of the General Plan, there are sites or areas Iisted as scenic resources. The property is not listed as a scenic site. S. Cultural Resources In view of the Hawaii State Supreme Court's "PASH" and Ka Pa'akai O Ka'Aina decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated tradition and customary practices on this site. In this situation, the property is not adjacent and/or proximate to the shoreline; as such, native gathering rights and coastal access is not an issue. The project site is not listed on the Federal and State Register of Historic Sites or identified as a historic site in the County of Hawaii General Plan Historical Element. Since the site is fully developed with a single - family dwelling, there are no observable traditional and customary native Hawaiian practices being exercised on the site. As no valued cultural, historical or natural resources and no traditional and customary native Hawaiian rights were found or are practiced on the site, these rights will not be affected or impaired by the proposed use. There is no feasible action to be taken other than to require that if in the future, any valued cultural, historical, natural resources and/or traditional and customary native Hawaiian rights are discovered on the project site, the Applicants will report the discovery to the State of Hawaii, Department of Land and Natural Resources, Historic Preservation Division for review. 9. Historic and Archaeological Resources Most historic sites in South Hilo have been destroyed by agriculture, urban growth, and natural changes in land forms. The property is not among those listed as historic in the Hawaii State Register of Historic Places, and has not been determined to be eligible for inclusion in the National Register of Historic Places, and is not profiled as a significant cultural and/or historic site in the General Plan within the South Hilo district. By letter dated September 17, 2010, the Applicants have requested a letter of no effect from the State Department of Land and Natural Resources Historic Preservation Division (DLNR -HPD). F. INFRASTRUCTURE 1. Road West Kawailani Street is a major east -west collector road serving this section of the Waiakea Homesteads area. This roadway has a. right -of -way of fifty to sixty feet with a 20 -foot wide pavement. There are no curbs, gutters and sidewalks along West Kawailam Street. The roadway will not be further impacted by the proposed rezoning since there will be no increase in density to the project site. The existing 16 -foot wide road easement off of West Kawailani Street will continue to provide access to the project site. 2. Utilities Essential utilities such as telephone and electrical services are currently provided to the site. 9 3. Water County water is provided to the site and the existing dwelling. Therefore, no additional water commitment is required to the project site. 4. Solid Waste Solid waste is currently hauled to the Hilo transfer station. 5. Sewage Disposal The existing dwelling is currently served by an individual wastewater treatment system (cesspool). 6. Police and Fire Protection The Kawailani Street Fire Station is located about a mile from the project site. Police services are also available in close proximity to the property. 7. Schools and Parks The property is within the Waiakea School district ( Waiakea Waena Elementary, Waiakea Intermediate and Waiakea High School). Neighborhood parks are located in close proximity to the site. As the proposed rezoning will not result in an increase in density of the property, it should have little or no direct impact to schools, parks and other related facilities. No extension of other government services would be required, and existing facilities should be sufficient to accommodate the demand from this rezoning. G. Environmental Assessment and Analysis 1. Relationship between local short -term uses of environment and maintenance and enhancement of long -term productivity The short-term and long -term use of the affected area would continue to be used for single- family residential purposes. This area has been designated for low density urban uses by the General Plan since 1971 and for Urban use by the State Land Use Commission since 1974. 10 2. Mitigative measures proposed to avoid, minimize, rectify or reduce impact Impacts resulting from the proposed change of zone are expected to be minimal. Any potential impacts can be mitigated by complying with all applicable code requirements. The Applicants intend to provide any required improvements as part of the subdivision process. 3. Alternative to the proposed project In the event that the change of zone application is denied, the A -3a zoning and existing farm dwelling will remain in place. The one- acre area, however, would not be able to be subdivided and ownership would not be conveyed to the Applicants' daughter. 4. Irreversible and irretrievable commitment of resources that would be involved if the proposed action is implemented The project site has been extensively disturbed and developed for residential purposes. Except for the normal maintenance of the residential use of the property, no further improvements are anticipated. 11 LOCATION MAP OF PROPERTY h N W jj h � • E�.F a 9GL. % 'J Ici/ % I ,Y tuM y . /fN /✓x v7Y� W � lti Z � g � .A.a .v.. .w. .omens i�Y�fY• W ' < V l F� � i vo L✓» - ~ � N - � Dino >rs ov mu x9 � 2 a r : Qr � • t i 7 W � � g �' •,. I W i s ie WON M S a f: 3i m �{ — - 6 it �y p ` • t a `t i d 3JOtd 070 /N fit C i ,.°-1... N' c •� 0 37Y7d YNYxnd ,1 j oil � ' _. Ott • '�- `., ,� r, as h 471 I Si ° nr n #F- • ' p1 l O ✓l� n of 'nl 3' i • .1 44 s I J y 3J ►7d YxvnN ° t` +j!t a ti i 1J r7d 373M✓ 4 t1 3. i �yy �11� ml e ® d S . 3JY7d WNY717 ` \ Y' �n" •.� r ' e • i v '� �c,, Ij 133N1S » lN0 11MYx aii60l 'Y4 8L 001 TO 1Y7.t W 7°J 1Y7./ TD 1Y7� y! lSi/ J% f L /Nn h W I II I Z i � I =k PRELIMINARY SUBDIVISION MAP OF // -, td !11 I (t fA 8 }* rE f 3 #� t � d I I i f �I k u 8 Y � ' ��.lil Ll tw rat 3 a lj i 3 W kin 1 i 2%f F '' N N � J C ' 1 0 N " C • y a k w � = 3 f ©� - L -_: - - - -- i E e i ti �i W j o J l S C i 6 ? I� ili fib; s W x PHOTO OF EXISTING DWELLING LOCATED ON PROPOSED ONE -ACRE AREA ' 'i 1 `1 r 1 " Ir r--1 4 •.. Vii; r w + 4.44 L._ 41 I� t� 4 ' 'i 1 r 1 " 4 •.. Vii; r + 4.44 � i ti l�.l 'l HS '�•. f i' �` A � z: ZONING OF PROPERTY AND SURROUNDING AREA ` ' / m Ln cl) ca - Mj7J LLL ld 313MV 7 77- 7 d- nT Id n uuvm*n*� �-�--� , � `DEPARTMENT OF PUBLIC WORKS �,, ,•,� - �,; COUNTY OF HAWAII HILO, HAWAII DATE December 7, 2010 TO: BJ Leithead Todd, Planning Director FROM �v Department of Public Works SUBJECT: CHANGE OF ZONE APPLICATION (REZ 10- 000134) Applicant: Michael and Marcia Frenz Request: A -3a to RS -40 Tax Map Key: 2- 4•-70: portion of 001 We have reviewed the subject application forwarded by your memo dated November 9, 2010 and offer the following comments for your consideration. The subject area is adjacent to Waiakea Stream that is designated as Flood Zone AE on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Flood Zone AE is the Special Flood Hazard Area inundated by the 100 -year flood where base flood elevations have been determined. The Zoning Map (Ordinance No. 187) classifies Kawailani Street as a secondary arterial with an existing right -of -way width of 40 feet. Questions may be referred to Kelly Gomes at ext. 8327. Planning Dept. Exhibit Countv of Hawaii is an Eaual O000rtunity Provider and Emnlover DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII 345 KEKOANAO'A STREET, SUITE 20 • HILO, HAWAII 96720 TELEPHONE (808) 961-8050 • FAX (806) 961-8657 December 9, 2010 > s ry L.. t� TO: Ms. B! Leithead -Todd, Planning Director .-t Planning Department i 3 ` FROM: Milton D. Pavao, Manager -Chief Engineer w —' SUBJECT: CHANGE OF ZONE APPLICATION (REZ 10-000134) APPLICANT — MICHAEL AND MARCIA FRENZ REQUEST: A -3A TO RS-40 TAX MAP KEY 2- 4070:001 (PORTION) 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 W. Kawailani Street fronting the subject parcel for the proposed 2 -lot subdivision. However, due to the proposed zoning, a fire hydrant is required to be located within 300 feet of the property. Also, a minimum of a 5/8 -inch meter is required for each proposed lot located in front of each lot it serves. Keep in mind that this letter shall not be construed as a water commitment. In other words, unless a water commitment is officially effected, water availability is subject to change, depending on the water situation. Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at 961 -8070, extension 256. Sicemly yours, Mi n . Pavao, P.E. ► M ag hief Engineer RQ:dfg copy — Michael and Marcia Frenz Inaba Engineering„ Inc. Planning Dept. 068373 Exhibit V ...Water, Our JI-fost Precious resource ... Ka Wai A Kane... The Department of Water Supply is on Equal Opportunity provider and employer. v Nt Y . OF N9 William P. Kenoi � Muvor PL AN, d of HawaN POLICE DEPARTMENT 349 Kapiolani Street Hilo, Hawaii 96720 -3998 (808) 935 -3311 Fax(808)961 -8865 November 18, 2010 TO BJ LEI EAD TODD, PLANNING DIRECTOR FROM D R D. �i3C0 ASSISTANT POLICE CHIEF AREA I OPERATIONS BUREAU SUBJECT: CHANGE OF ZONE APPLICATION (REZ 10- 1000134) APPLICANT: MICHAEL AND MARCIA FRENZ REQUEST: A -3a TO RS -40 TAX MAP KEY: 2 -4 -70: PORTION 1 Harry S. Kubojiri Police Chief Paul K. Ferreira Deputy Police Chief Staff, upon reviewing the provided documents and visiting the proposed site, does not anticipate any significant impact to traffic and /or public safety concerns. Thank you for allowing us the opportunity to comment. If you have any questions, please call Captain Robert Wagner of our South Hilo Patrol Division at 961 -2214. RW:IIi Planning Dept. Exhibit y SCAll NED f VO41 E::1 [1il( I "Hiwai`i County is an Equal Opportunity Provider and Employer" William P. Kenoi Mayor William T. Takaba Managing Director Frank J. DeMarco, P.E. Director Ivan M. Torigoe DepuryDirector dauut of �Atfvzti 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 MEMORANDUM Date : �._ =a To BJ LEITHEAD TODD, Planning Director ����' -3 17" From: FRANK J. DeMARCO, Director � . - Subject: Change of Zone Application (REZ 10- 000134) Applicant: Michael and Marcia Frenz Request: A -3a to RS40 TMK: 24- 70:portion I 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. ( j 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 lure 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. ( 1 Other: SOLID WASTE COMMENTS: (Contact Solid Waste Division for details.) ( ) No comments (X) Commercial operations, State and Federal agencies, religious entities and non -profit organizations may not use transfer stations for disposal. () Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. ('y�) Ample and equal room should be pro ed for,rubbi and ecycling. Panning e �. c SCANNIED I Exhibit E -S476113 I Page I of 2 County of Wawai`i is an Equal Opportunity Provider and E lo'y'-- -If- -- (� Green waste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or other suitable diversion programs. (.X ) Construction and demolition waste is prohibited at all County Transfer Stations. ( ) Submit Solid Waste Management Plan in accordance with attached guidelines. ( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. 1 Other: cc: SWD,. Page 2 of 2 County of Hawai' i is an Equal Opportunity Provider and Employer. LINDA LINGLE GOVERNOR t��/j�i i' 4 �t� � • . R .2�1 MEMORANDUM DATE: November 23, 2010 r r Sp 4 /p � 7 r. STATE OF HAWAII DEPARTMENT OF HEALTH P.O. Box 916 HILO, HAWAII 96721 -0916 TO: Bobby Jean Leithead Todd Planning Director, County of Hawaii FROM: Newton Inouye 0 Acting District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 10- 000134) Applicant: Michael and Marcia Frenz Request: A -3a to RS -40 Tax Map Key: 2- 4- 70:portion i Wastewater Branch has no objection to change of zoning. CHIYOME L. FUKINO, M.D. Director of Health 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: / /h.awaii.gov/ health / environmental / env - planning /landuse /landuse.btm] 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 (BEWGj 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- 000134.my Planning Dept. SCANNED Exhibit & _ 1 6�fI 0 9 t f P f RFre1izREZ.doc -1 /10/11 COUNT' OF HAWAII PLANNING DEPARTMENT RECOMMENDATION MICHAEL and MARCIA FRENZ CHANGE OF ZONE APPLICATION (REZ 10 -134) Upon review of the request for a Change of Zone from Agricultural 3 -acres (A -3a) to Single - Family Residential 40,000 square feet (RS -40) on approximately one -acre of land against the guidelines for granting a change of zone, the Planning Director recommends that a favorable recommendation for a Change of Zone request be forwarded to the County Council. This recommendation does not, however, sanction the specific plans submitted with the application as they may be subject to change given the specific code and regulatory requirements of the affected agencies. 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 recommel dation is based on the following findings: The applicant requests a Change of Zone from A -3a to RS -40 for one acre of land which is a portion of a larger 17 -acre property. The remaining 16 -acre portion of the property will continue to operate as a pasture and a meat processing business. Upon approval of the change of zone, .the applicants will subdivide the one -acre area from the larger lot. Ownership of the subdivided one -acre area will be conveyed to the applicants' daughter who currently resides in the existing one - story, approximately 3,124- square foot single- family dwelling situated in the proposed one -acre project site. No additional single - family dwellings will be constructed on the rezoned one -acre area. In 2005, an Additional Farm Dwelling Agreement was approved by the Planning Department and recorded with the State Bureau of Conveyances. Should the rezoning be approved and the one -acre project site subdivided from the property, the applicants will need to file a notice with the Bureau of Conveyances rescinding the agreement since the dwelling will no longer be considered an additional fann dwelling. 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 detennined 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 Agricultural (A -3a) to Single- Family Residential 40,000 square feet (RS -40) conforms to, among others, the goals, policies and standards of the General Plan Economic and Land Use Elements. The property is zoned A -3a and the State Land Use designation is Urban. 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 allows residential, with ancillary community and public uses,'and neighborhood and convenience -type commercial uses. Thus, the request would be consistent with the General Plan land use designation and will be in harmony with the character of the surrounding neighborhood and result in an intensity of land utilization no higher than as permitted or as otherwise specified for the district in which this proposed development occurs. In addition, the Hilo CDP adopted by Resolution No. 1 effective May 21, 1975 designates this area as RS- 10/15, which is consistent with the GP LUPAG map. The subject area is a one -acre portion of an approximately 17 -acre parcel, site of Frank's Foods meat manufacturing facility situated on .5 acre of the 17 -acre property. The one -acre project site, which is landscaped and fenced, is improved with a single - family dwelling. The remaining 15.5 -acre area will continue to be used for the cattle grazing operation and be dedicated for pastoral use. Surrounding properties are in residential uses and zoned A -1 a to the north along Kawailani Street, RS -10 to the east (makai) and south, and RS -15 to the west (mauka). The three one -acre properties along Kawailani Street zoned A -la were created as a result of a rezoning of 3.44 acres under Ordinance No. 207 effective May 26, 1976. Each lot is improved with a single - family dwelling. Therefore, a favorable recommendation of this -2- change of zone request will be consistent with the existing land uses within this portion of Hilo. The project site is designated Zone "Y', areas determined to be outside the 500- year flood plain. The Waiakea or Kawailani Stream abutting the project site to the south is designated "AE ", an area within the 100 -year flood plain; however, the project site is not affected by the stream. The property is unclassified by the Agricultural Lands of Importance to the State of Hawaii (ALISH) System. Soils within the property and surrounding area are unclassified by the Land Study Bureau. Access to the project site is from Kawailani Street to a 16 -foot wide road easement. This easement also provides access to the meat processing facility. The easement traverses through the properties of Bruce Frenz and David Frenz (TMK: 2 -4- 70: 3 and 4), then traverses a larger lot and ends at the rezone area. Both brothers have authorized the applicants to utilize the road easement through heir properties. This access easement may need to be improved as part of the subdivision process, which we recommend the Commission defer to instead of legislating specific access requirements. All utilities and services are available to the site. County water is available to the project site. The existing dwelling is currently served by an individual wastewater treatment system. The subject request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is not located within the Special Management Area. As such, the project site will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources, public access to the shoreline or mountain areas, designated scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the immediate project area. Thus, the proposed request and use of the property will not adversely impact those resources. By letter dated September 17, 2010, the applicants have requested a letter of no effect from the State Department of Land and Natural Resources Historic Preservation Division (DLNR -HPD). The property is not among those listed as historic in the Hawaii -3- State Register of Historic Places and has not been determined to be eligible for inclusion in the National Register of Historic Places. As the project site is improved with a single - family dwelling and used for pastoral purposes, no professional flora or fauna study was conducted of the site. Due to the developed state of the project site, the applicants believe that there are no known rare or endangered flora or fauna on the site. The project site and immediately surrounding area has not been identified as a significant botanical or biological habitat. Based on the above findings, the approval of the Change of Zone request from an Agricultural (A -3a) to a Single Family Residential (RS -40) 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 Hawaii County Code 1983 (2005 Edition) is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. i -4- COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII BILL NO. (Planning Dept.) 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 SINGLE - FAMILY RESIDENTIAL — 40,000 SQUARE FEET (RS -40) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2- 4- 070:PORTION 001. 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 Hawaii County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waiakea, South Hilo, Hawaii, shall be Single- Family Residential — 40,000 square feet (RS -40): Beginning at the southwest corner of this parcel of land and on the east side of Lot 11, being a portion of Grant 11,608 to Raymond H. Sekido and Shizuke Sekido, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 13,334.17 feet South and 1,440.74 feet West, thence running by azimuths measured clockwise from True South: 175' 40' 224.10 feet along Lot 11 and Lot 9, being portions of Grant 11,608 to Raymond H. Sekido and Shizuke Sekido; Thence following along the remainder of Lot 721 -A for the next eight (8) courses, the azimuths and distances being: 2. 269° 05' 204.90 feet; 3. 305' 40' 56.50 feet; -1- 4. 358' 00' 21.00 feet; 5. 18° 30' 79.00 feet; 6. 39' 00' 53.00 feet; 7. 70' 30' 97.00 feet; 8. 62° 30' 29.00 feet; 9. 79' 30' 60.00 feet to the point of beginning and containing an area of 43,560 square feet. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25 -2 -44, Hawaii County Code 1983 (2005 Edition), the County Council finds the following conditions are: I Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (1) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -2- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawai `i Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: -3- 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 SINGLE - FAMILY RESIDENTIAL - 40,000 SQ.FT (RS -40) AT WAIAKEA, SOUTH HILO, HAWAII MAP PREPARED BY. COUNTY OF HAWAII, PLANNING DEPARTMENT TMK: (3)2- 4- 070:001por. EXHIBIT "A" DATE: Nov. 08, 2010 Michael & Marcia Frenz Feet 0 250 500 1,000 1,500 CFrenzREZ.doc- 12/29/10 MICHAEL and MARCIA FRENZ CHANGE OF ZONE APPLICATION (REZ 10 -134) CONDITIONS OF APPROVAL A. The applicant, its successor or assigns shall be responsible for complying with all stated conditions of approval. B. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within one hundred eighty (180) days from the effective date of this ordinance. C. Final Subdivision Approval for the proposed development shall be secured from the Planning Director within five (5) years from the effective date of this ordinance. D. Access to the property shall conform to Chapter 22, County Streets, of the Hawaii County Code E. 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 by a licensed civil engineer and submitted to the Department of Public Works. The recommended drainage improvements shall be constructed, meeting with the approval of the Department of Public Works prior to Final Subdivision Approval. F. The method of sewage disposal shall meet with the requirements of the Department of Health. G. Should any undiscovered 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 mitigation measures have been taken. H. 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. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. An initial extension of time for the perforn of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non - performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). If the applicant(s) should require an additional extension of time, the Planning Department shall submit the applicant's request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the property to its original or more appropriate designation. 2