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HomeMy WebLinkAboutCOM 0451.000 2010-2012William P. Kenoi Mayor October 20, 2011 County of Hawai i 25 Aupuni Street • Hilo, Hawai`i 96720 • (808) 961 -8211 • Fax (808) 961 -6553 KONA: 74 -5044 Ane Keohokalole Highway • Kailua -Kona, Hawai'i 96740 (808) 323-4444 • Fax (808) 326 -5663 William T. Takaba Managing Director Wally Lau Deputy Managing Director Honorable Dominic Yagong, Chairman • o and Members of the County Council o, =o County of Hawai`i 1 --4c 25 Aupuni Street • "< Hilo, HI 96720 -n n M =rn Dear Chairman Yagong and Members: US Change of Zone Application (REZ 11- 000140) Applicant: Dr. Kevin Stuef Request: RS -15 to CV -10 Tax Map Key: 9 -5- 025:033 State Land Use Boundary Amendment Application (SLU 11- 000030) Request: Agricultural to Urban Applicant: Peter Christopher Tax Map Key: 2 -8- 013:063 and 064 /Change of Zone (REZ 11- 000141) Applicant: Marc and Desiree Butz Request: A -3a to FA -la Tax Map Key: 2 -5- 040:019 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. William P. Kenoi Mayor Enclosures cc: Planning Department �T7111 1315) Hawaii County is an Equal Opportunity Provider and Employer Comm: No. 51 Ref. To: ' G Ref. Date OC--3 X2011 County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961 -8288 • Fax (808) 961 -8742 •BCT 2 8 2011 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 (REZ 11- 000141) Applicant: Marc and Desiree Butz Request: A -3a to FA -la Tax Map Key: 2 -5- 040:019 The Windward Planning Commission, after a duly held public hearing on October 6, 2011, voted to recommend for your approval the proposed legislative bill for a Change of Zone from an Agricultural — 3 acre (A -3a) to a Family Agricultural — 1 acre (FA -1a) zoning district for approximately 4.747 acres of land. The property is located along the southwest (mauka) side of `Akala Road — Kaumana Drive intersection and in the vicinity of Kaumana Cave, Ponahawai, South Hilo, Hawai`i. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicants are requesting to change the zoning district from Agricultural — 3 acres (A -3 a) to Family Agricultural — 1 acre (FA-1a) for 4.747 acres of land in order to subdivide the property into two parcels consisting of a 1 -acre lot and a 3.747 -acre lot. With FA -la zoning the 4.747 -acre property could be subdivided to create up to 4 lots. The applicants are requesting FA -la zoning rather than FA -2a zoning in order to create one lot with a minimum size of one acre. They intend to create only two lots through subdivision of the property in order to maximize the use of the land, with the portion north of the flood zone being a 1 -acre lot containing the existing 2- bedroom dwelling and Hawai'i County is an Equal Opportunity Provider and Employer The Honorable Dominic Yagong, Chairman and Members of the County Council Page 2 the portion south of the flood zone being a 3.747 -acre lot where a new dwelling will be constructed. The applicants intend to utilize the area of the property with the best soils for farming by constructing a new home on the larger lot and renting the existing home on the one -acre lot. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The change of zone request from an Agricultural — 3 acre (A -3a) to a Family Agricultural (FA-1a) zoning district conforms to applicable goals, policies and standards of the General Plan. The FA zoning district is intended for lands within the State Land Use Agricultural District, where public services and infrastructure are appropriate to support the very low density residential needs of a rural community and where a substantial number of parcels are less than five acres in size, and where a mix of uses will not conflict with or be detrimental to existing agricultural uses in the surrounding area. The Land Use Pattern Allocation Guide ( LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non -urban form for areas within the County. The proposed request conforms to the LUPAG Map, which designates the property as Important Agricultural Land. Important agricultural lands are those lands with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors. The Land Study Bureau's Detailed Land Classification System identifies soils on the northern portion of the property as "C" or "Fair" and the southern portion as "D" or "Poor" for agricultural productivity. The middle portion of the property (this is the area not covered by pahoehoe lava from the 1881 flow) is classified as Prime Agricultural Land by the ALISH System. A major concern in allowing a rezoning of agricultural land that creates smaller lot sizes is that this will reduce the potential use of the land for commercial agriculture by fragmenting the land into areas too small to be farmed on a commercial scale. While a The Honorable Dominic Yagong, Chairman and Members of the County Council Page 3 few crops can be intensively cultivated on very small acreage, usually these crops have a very limited market. Reducing the size of the lots can reduce the range of potential agricultural uses and the range of market opportunities for those crops. In this particular situation, the applicants are requesting the change in zoning in order to subdivide the property into two lots with the intention of constructing a new dwelling on the larger lot, which contains the best soils for agricultural productivity, so that they can actively farm the property. Both of the newly created lots will still have the potential to be used for farming or agricultural purposes. All essential utilities and services are available to the property. Access to the property is from Akala Road, which is a County owned and maintained roadway that has approximately 18 feet of pavement within a 30 -foot right -of -way. The City of Hilo Zone Map identifies Akala Road as a proposed 60 -foot right -of -way, with a future 15 -foot road widening setback on both sides of Akala Road. A condition of approval will be added requiring the applicants to set aside a 15 -foot future road widening setback along the properties frontage along Akala Road. County water can be made available for the request. According to the Department of Water Supply, the area mauka of Akala Road, including the subject property, is serviced from a high pressure system that is inadequate to provide additional service for the proposed subdivision. However, county water can be made available for the proposed subdivision from an existing 6 -inch waterline within Akala Road fronting the subject property. A condition of approval will require that the applicants install a service lateral to accommodate a 5/8 -inch meter for the additional lot, install fire hydrants within 300 feet of each lot, and execute an Elevation Agreement with the Department of Water Supply since the subject property sits at a higher elevation that the existing waterline within Akala Road. Wastewater will be disposed of by individual wastewater systems meeting the requirements of the Department of Health. All other essential utilities or services are available to the property. There is no severe geological or topographical problem for the property that cannot be properly rectified or which would render the land unusable. The majority of the property is located in Zone "X ", an area determined by FEMA to be located outside of the 500 -year floodplain. However, an unnamed tributary of the Alenaio Stream runs through the middle of the property from west to east. This tributary is designated as Zone "AE" by FEMA, which is a Special Flood Hazard Area subject to inundation by the 100 - year flood with base flood elevations ranging between 890 feet to 930 feet. The applicants will be required to comply with Chapter 27, Floodplain Management, of the Hawai`i County Code for any construction within the floodway or floodway fringe. The Honorable Dominic Yagong, Chairman and Members of the County Council Page 4 Should this request be approved, the applicants may apply for a Second Farm Dwelling, allowing for the construction of a second dwelling unit on each lot. The potential to allow additional dwellings may contribute to the cumulative burden on the existing infrastructure. As such, a condition is included to prohibit a second dwelling unit and a Condominium Property Regime (CPR) on each lot. The condition will require that restrictive covenants be included in the deeds of all the proposed lots for the subdivision prohibiting second dwelling units to preserve the residential /agricultural ambience of the area. Typically the County Council requires that applicants provide a fair share contribution to mitigate the potential regional impacts of their development on public facilities and services such as roads and parks. For Family Agricultural (FA) zoning, the County Council has historically required this contribution for lot sizes of one acre or less, for example a fair share contribution would not be required for FA -2a zoning but would be required for FA-la zoning. Thus, a condition of approval will be added to require a fair share contribution for the additional lot being proposed by the applicant's future subdivision of the property. Based on the above findings, approval of the Change of Zone request from an Agricultural 3 -acre (A -3a) to Family Agricultural 1 -acre (FA -la) zoned district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. For your favorable consideration, an amendment to Section 25 -8 -33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) is transmitted. The Honorable Dominic Yagong, Chairman and Members of the County Council Page 5 We are enclosing copies of the staff Background, Planning Director's Recommendation, the Powerpoint presentation, and a transcript of the hearing for your information. Zendo Kern, Chairman Windward Planning Commission Lbutzrez I I -000141#2 Enclosures cc: Marc and Desiree Butz Department of Public Works Department of Water Supply Department of Land & Natural Resources -HPD DOT - Highways, Honolulu Amy Self, Esq., Corporation Counsel BButzREZ.doc 9/20/11 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT MARC AND DESIREE BUTZ CHANGE OF ZONE APPLICATION (REZ 11 -141) MARC AND DESIREE BUTZ have submitted an application for a Change of Zone from an Agricultural — 3 acres (A -3a) to a Family Agricultural —1 acre (FA -la) zoning district for 4.747 acres of land. The property is located along the southwest (mauka) side of `Akala Road, approximately 70 feet from the `Akala Road — Kaumana Drive intersection and in the vicinity of Kaumana Cave, Ponahawai, South Hilo, Hawai`i, TMK: 2 -5- 40:19. PROPOSED ACTION 1. Applicant's Request: The applicants are requesting to change the zoning district from Agricultural — 3 acres (A -3a) to Family Agricultural —1 acre (FA -la) for 4.747 acres of land in order to subdivide the property into two parcels consisting of a 1 -acre lot and a 3.747 -acre lot. With FA -1 a zoning the 4.747 -acre property could be subdivided to create up to 4 lots. The applicants are requesting FA-1 a zoning rather than FA -2a zoning in order to create one lot with a minimum size of one acre. They intend to create only two lots through subdivision of the property in order to maximize the use of the land, with the portion north of the flood zone being a 1 -acre lot containing the existing 2- bedroom dwelling and the portion south of the flood zone being a 3.747 -acre lot where a new dwelling will be constructed. The applicants intend to utilize the area of the property with the best soils for farming by constructing a new home on the larger lot and renting the existing home on the one -acre lot. According to the Zoning Code, the Family Agricultural (FA) district provides for a blend of small -scale agricultural operations associated with residential activities and which may be characterized by farm estates, small acreage farms, or subsistence lots. Requirements for establishing a land use in the FA district, including a list of the variety of permitted uses, are shown in Section 25 -5 -60 to 25 -5 -67 of the Zoning Code (see attachment "G" of application). ATTACH: Comm. 451 Bill 138 2. Supportive Information: The applicants, who are the landowners, have submitted the attached in support of the request. (Planning Department Exhibit 1 - Change of Zone Application) STATE AND COUNTY PLANS 3. State Land Use Designation: Agricultural. 4. General Plan LUPAG Map: Important Agricultural Land. 5. County Zoning: Agricultural — 3 acres (A -3a). 6. Hilo Community Development Plan: The Hilo CDP, adopted as Planning Commission Resolution No. 1 on May 21, 1975, identifies the area as A -3a. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 7. Subject Property: The property is roughly triangular in shape and slopes downward from west to east. The eastern boundary of the property borders Akala Road and the southern boundary borders Kaiimana Cave County Park. There is an existing 2- bedroom dwelling constructed in 1923 located in the north comer of the property. The remainder of the property is covered by the 1881 lava flow or is overgrown with common grasses. 8. Surrounding Zoning/Land Uses: Surrounding properties are zoned Agricultural — 3 acres (A -3a) to the north and west and Open to the south. The property across Akala Road to the east was rezoned in 2007 from A -3a to FA -2a. To the southeast are properties zoned Single - Family Residential — 15,000 square feet (RS -15) along Kaumana Drive. Land uses in the immediate area include residential and agricultural activities. The Kaumana Cave is located just south of the subject property as shown in P.D. Exhibit 2 (Map of Kaumana Cave). 9. Agricultural Lands of Importance to the State of Hawaii (ALISH): The middle portion of the property is classified as Prime Agricultural Land and the remainder is Unclassified. 10. Land Study Bureau's Detailed Land Classification System: The northern portion of the property is classified as "C" or "Fair", the southern portion of the property is classified as "D" or "Poor ", and the eastern portion next to Akala Road is not classified. -2- 11. U.S.D.A. Soil Survey: Soils in the middle portion of the property are Kaiwiki silty clay loam, 10 to 20 percent slopes (KaD). Soils in the Kaiwiki series are primarily used for sugarcane, truck crops and pasture. Permeability is rapid, runoff is slow, and the erosion hazard is slight. The northern and southern portions of the property consist of pahoehoe lava (rLW) from the 1881 flow. In areas of higher rainfall this lava contributes to the groundwater supply. 12. Flood Zone: The majority of the property is located in Zone "X ", an area determined by FEMA to be located outside of the 500 -year floodplain. However, an unnamed tributary of the Alenaio Stream runs through the middle of the property from west to east. This tributary is designated as Zone "AE" by FEMA, which is a Special Flood Hazard Area subject to inundation by the 100 -year flood with base flood elevations ranging between 890 feet to 930 feet. See attachment "E" map in the application. 13. Flora /Fauna Resources: There were no professional flora/fauna surveys conducted of the site. The applicants do not believe that rare or endangered floral or faunal resources are likely on the site, as the property has been previously used for sugar cane cultivation. The property is not known to be a habitat for any rare or endangered species. 14. Cultura l/Historic/Archaeological Resources: Since the property was formerly used for sugar cane cultivation, no commissioned archaeological survey was conducted. Similarly, no valued cultural or historical resources exist and no traditional and customary native Hawaiian rights are exercised on the property. 15. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the property. PUBLIC UTILITIES AND SERVICES 16. Access: Access to the property is from Akala Road, which is a County roadway that has approximately 18 feet of pavement within a 30 -foot right -of -way. The City of Hilo Zone Map identifies Akala Road as a proposed 60 -foot right -of -way, with a future 15 -foot road widening setback on both sides of Akala Road. As the property is located along Akala Road, the applicants will be required to set aside a 15 -foot future road widening setback -3- along the portion of property that borders Akala Road. There is an existing driveway from Akala Road to the existing dwelling on the north portion of the property. Upon subdivision of the property into two lots, the applicants proposes a second driveway be installed from Akala Road to the new dwelling. 17. Water: According to the Department of Water Supply, the area mauka of Akala Road, including the subject property, is serviced from a high pressure system that is inadequate to provide additional service for the proposed subdivision. However, county water can be made available for the proposed subdivision from an existing 6 -inch waterline within Akala Road fronting the subject property. 18. Wastewater: As there is no municipal sewer system in the area, wastewater will be disposed of by individual wastewater systems meeting the requirements of the Department of Health. 19. Essential Utilities and Services: The Kaumana Fire Station is located about 2 miles from the property. Police and medical services are available nearby in Hilo. All essential utilities are available to the property. AGENCY COMMENTS PROVIDED 20. Department of Water Supply: P.D. Exhibit 3 — August 17, 2011 memo 21. Police Department: P.D. Exhibit 4 — August 1, 2011 memo 22. Fire Department: P.D. Exhibit 5 — August 2, 2011 memo 23. Department of Health: P.D. Exhibit 6 — July 27, 2011 memo 24. DLNR- Engineering Division: P.D. Exhibit 7 — August 4, 2011 memo 25. State Department of Transportation: P.D. Exhibit 8 — August 31, 2011 letter AGENCIES - NO COMMENTS OR OBJECTIONS 26. Department of Environmental Management. AGENCIES — NO RESPONSE 27. Department of Public Works, Department of Parks and Recreation, State Department of Agriculture, USDA Natural Resources Conservation Service, Department of Finance -Real Property Tax Division. -4- PUBLIC COMMENTS 28. P.D. Exhibit 9: Letter dated August 26, 2011 from William V. Brilhante of Brilhante- Hawaii, LLC CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Marc J Butz & Desiree G Butz APPLICANT'S SIGNATURE: DATE:7/8/2011 ADDRESS:55 Akala Road, Hilo, HI 96720 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) 769 -7447 (Res.) 935 -6865 (Fax) LANDOWNER(S): Marc J Butz & D��esireeG Butz LANDOWNER SIGNATURE(S):///k !;/ / � �� DATE:6/20/2011 (May be by letter) LANDOWNER(S) ADDRESS: 55 Akala Road. Hilo. HI 96720 REQUEST: A -3a TO FA 2a (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3)2- 5 -40 -19 STREET ADDRESS OF PROPERTY: 55 Akala Road, Hilo, HI 96720 SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 4.747 AGENT: None ADDRESS: N/A TELEPHONE:(Bus.) N/A (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Marc & Desiree Butz COPIES: Marc & Desiree Butz Planning Dept. Exhibit 1 ATTACHMENT AgrbukralR ezoniig PLANNING DEPARTMENT COUNTY 0 F HAW AIL APPLLATDN FOR CHANGE OF ZONE Ifyouri questis approved, do you intend ID subdivide the subct land xi accordance with the approved change ofzone? ryes, phase answ erthe iestofqueston 1 and then ID questbn 3. Yes a. H ow m any acres ofthe requested area do you intend to subdivide? 4.747 b. InID whatbtsizes? 1 & 3.747 c. Ifyourrequestis approved, appmxin ately how bng a$erthe date ofappmvaldo you expectto subm ityoursubdivision plans In the Planning Departm ent forprekt inaryappmva1 1 month d. D o you intend to build houses on the new created bts? Yes If yes, phase answerthe fAbw dig questions: 0 n how m any ofthose bts? 1 Atwhatappmxin ate price range? House 200,000 Lot 200,000 Total 400,000 Approxin ately how bng, a$erappmvalofthe subdivisbn, would the f sthouse be avaihbh foroccupancy? Ifyou intend ID .subdivrie, phase subm to .prelin ilary.schem ath subdivision plan togetherw ih yourchange of zone applbatnn foitn. 2. Ifyou have no fine plans ofsubdividiig the subctarea, do you intend to: a. Sellorhase the land iD som eone who has Earn plans? b. Sellorhase the land to som eone who has tentative plans? c, Sellorhase the land ID som eone who has no plans? d. Keep V e. 0 ther phase state) P.D.2 5/84 2 -3 Years f. Ifyou intend to do eihera, -b, c, phase ehborate on the kind ofpbns the otherparty has. Phase, also , hclzde in your answerappipxim ate' how soon afferapprovalofyourrezonhg do you expect-to transferthe sub ctbnd to anotherparty. 3. Do you think thatyourmquestand yourfurtherphns for the bnd w iRalbvate the bcalhoushg s ,cation? Yes How? It will provide a much needed single family rental for the Hilo/Kaumana area. 4. A them any builiings on the subctaiaa? Yes Ifso, what kid? One 2- bedroom home, wooden construction, W hatdo you intend to do with those buntings ifyourrequestis approved? The home would remain and be rented. 5. Is the subectbnd currently being used fbrany agrbulumlactirby? If so, phase listthe kinds ofproduc:ls grown and on how m any square feetoracres ofiand perproduct. Currently there are a wide variety of vegetables and fruits being grown in a garden about 1600 square feet in size. If approval is granted the applicants have plans to increase the size of the garden. Yes 6, W as yourrequestto allow brthe creatbn ofsm albragrbultuzal Jots? Partially Ifso, dri yourpbn iicbde the blbwng consi eratbns? a. Commodity to be produced? W hatkinds of com m odiy? b. Suiabily ofthe proposed bt-size forthatcom m odiy? c. Suffbbntfann she to allow reasonabh chance ofsuccess n comm ercalagrbulum? No No No d. Agrcu]turalhases orotherbnn s ofassurance thatpotental buyers orbases would putthe sub ctarea hto son e form of agrbulinaluse? Phase state the imposed type ofanangem ent. Phase subm tyouragrbu]turalphns brthe subs Lama and pmsentevilence ofconsideration ofthe above requiem ents bgether with your mquest bra change ofzone. Ifyou do notintend to subdvv le the sub cthnd ibrsom e sortof ag-±u uralpurpose, phase state yourotherreasons. The objective is to subdivide the property for the purposes of: a) Building a home with direct proximity and easier access to the limited farmable lands on the site. b) Making use of both the home and proximity to increase the current agricultural activity. 7. To yourknow bdge, has there been any fbodilg andhrdraiiage pmbbm on the subctarea? no, phase descrbe the pmbhm No 8. Do you thick thatthe wads badhg to the sub ctarea needs in pmvem ents? No Ifso, whatknd? Is the road adequate farthe proposed traflc vain e orbad? Yes 9. W hatsortofgovemm entalassistance andkrin pmvem ents do you feelw be needed b the sub ctarea when devebped? a. Schools b. Roads c. Sewer d. D silage Yes No X X X e . Poke P mtect on f, Fire Pmtecton 9, RecmationalFac bs h. PubTh U li s I. Other Yes N o X X X X X Forthose checked 'des ", phase ehboiate w hattype orkinds ofm provem ents andkrassistance am needed. S iiiiatum: 4, AJ1- Addmss: T e bphone : 808 - 935 -6865 Date: 7/10/2011 55 Akala Road Exhibit 3 — Background and County Environmental Report County Environmental Report State Land Use Boundary Amendment (A -3a to FA -1a) County Rezoning Request Marc J. Butz and Desiree G. Butz 55 Akala Road, South Hilo, Hawaii Tax Map Key: (3)2- 5 -40 -19 I. INTRODUCTION Marc and Desiree Butz (hereinafter, applicants), are requesting to rezone a 4.747 acre parcel from Agriculture (A -3a) to Family- Agriculture (FA -1a) district. Concurrently, the applicants are proposing to re- designate these 4.747 acres from Agriculture, respectively, to Family - Agriculture. The property is located at 55 Akala Road, South Hilo, Hawaii and is identified by TMK: (3)2 -5 -40- 19. (See Exhibit 7). It is situated about 1/4 of a mile makai of the Kaumana Elementary School site and approximately 100 feet from Kaumana Drive on Akala Road. If approved, the applicants intend to subdivide the 4.747 acre parcel into a maximum of 2 (two) Tots, consisting of 1 acre on one lot and 3.747 acres on the other lot. They then plan to construct a new home on the larger lot, while reserving the remaining lot and home to be rented. Once built, the dwelling would assist the potential growth in the farming of the land. It should be noted that the above proposed subdivision will not eliminate future potential for farming or agricultural activities on the property. IL PROJECT LOCATION The subject area is located at 55 Akala Road. This property is located on the mauka side of Akala Road. Akala Road bisects Kaumana Drive shortly after the 4 mile marker on Kaumana Drive and about 0.1 miles below Kaumana Caves. The property extends from Akala Road to an access road on the southern portion of the property. (See Exhibit 4) III. PROJECT DESCRIPTION A. Project Site Background In the 1800's and early 1900's the subject lot was used for farming sugar cane. By the late 1920's the land was in the possession of private owners and being leased into three portions by three families. Eventually the land was sold to one of the family's leasing the land who ultimately sold it to the applicants in 2005. The project site is essentially broken into three parts. The first is a roughly 1 acre lava flow that runs east -west and is parallel to Akala Road. The second portion is a field about 13 acres in size that represents the only farmable portion of the property (See Attachment B). The field runs east -west and is separated from the lava flow portion by a 300+ foot long creek that is as deep as 12 feet near the western border and tapers out as it heads east. The third portion of the site predominately consists of a lava flow that covers the remainder of the property from the edge of the field to access pathway on the southern end of the property. When the applicants acquired the property it was severely overgrown with various types of trees, weeds, and plants of which of running bamboo was the worst. Local Kupuna in the area describe how a small grove of running bamboo was planted around the 1950's. Over the course of the next 50+ years the bamboo literally took over the property. It extended itself along nearly the entire western border, down the entire creek, and into the field. By the time the applicants acquired the property it was already more than half way in the field and spreading rapidly. As the field is the only agriculturally significant portion of the property (because the remainder is covered by lava) the applicants made a decision to save the property from further encroachment. Over the course of the next 6 years the applicants spent considerable time and money working to eradicate large portions of the overgrowth, specifically the running bamboo, to ultimately regain control of the property and make use of the farmable portion of the land (roughly 13A acres). B. Project Concept and Components The property was purchased by the applicants with the intention of both conducting some level of farming on the available land and constructing a new home. Because the area is bisected by a 300+ foot long by 12 foot deep creek, the applicants wish to do a 2- lot subdivision and designate the remaining portion for rental use. This would be consistent with the rural /agriculture character of this area. After extensive consideration, the applicants believe that rezoning the property from A- 3a to FA-la would be superior to the current zoning for the following reasons. 1. Size of Dwelling The current zoning allows for one residential dwelling on the 4.747 acre property. The existing structure is a 776 square foot 2 bedroom 1 bath home. Due to the rather small size of the dwelling the applicants have found it difficult to raise a growing family while also entertaining the thought of expanding their agricultural ambitions. The limitation of the single small home would continue to be a negative factor in the years to come as well. Any future prospective buyers, including those looking to farm the 1 % acres, would find it difficult to make any long term plans, agricultural or otherwise, with such a small home. The change of zone would allow for the property to be subdivided and ultimately for a more reasonable sized dwelling to be built to house a family, farming equipment, and other supplies. 2. Location of Dwelling The current dwelling is located on the north -west corner of the property. The home is separated from the field by the aforementioned large creek. This topographical barrier prevents practical access from the dwelling to the field without traveling 400+ feet down Akala Road and turning into the property from a point just after a rectangular rock wall. The issues with the location of this home are four -fold. The first issue is that expanding the current farming capability would require further farm equipment and machinery. The storing, care, and maintenance of such items would require a structure with access to water, electricity, and perhaps sanitation of which the field currently has none. A new dwelling located at the proposed site would provide for all these needs. Additionally, the idea of storing equipment and machinery in the field without a new dwelling puts it at a greater risk of theft. The second issue regarding the location of the current dwelling is its proximity to the creek and the corresponding flood zone. The Federal Environmental Management Agency (FEMA) requires a certain buffer or easement from the flood zone lines to a dwelling. Currently the dwelling is not located in either the flood zone or the buffer zone, but any plans to increase the size of the dwelling would be made difficult by this requirement. The space needed for further growth is limited by the existing 30 foot setback on Akala Road and buffer required by the FEMA flood zone. From a practical perspective the field is a more suitable location for storage as it is not encumbered by setbacks, flood zones, or the complexity of building on an uneven rocky lava flow. The third issue with the location of the dwelling is that if equipment and machinery were to be located at the current dwelling it would be required to travel up and down a public road (Akala Road) to gain access to the field. Akala Road is narrower than most modern residential roads and would be affected to a greater degree by the use of such machinery on it. The fourth issue with the location of the dwelling is water. While water is not commonly an issue for farming in this area it is known to suffer drought from time to time. Depending on the potential crops being grown, and the amount of rain they have received, supplemental irrigation may be required. In such cases the nearest water spigot to the field is currently hundreds of feet away and is 3/" in size. In the case of a new dwelling, the water line would be located right at the area of potential farming, and could be designed to be large enough to handle such needs. 3. Maintenance of Land Because the majority of the property is covered by lava it is impossible to maintain with machinery such as a garden tractor (riding mower). The uneven and rocky ground limit the ability of this property to be maintained with methods other than the use of weedwackers, chainsaws, and good ole fashion weed pulling. It is for this reason the site had been fallow and overgrown for the many decades is had. Attempting to control some 3+ acres by hand is a daunting task. The presence of a new dwelling would allow for the existing structure to serve as a single family rental. A rental contract could and would be written such that it would be the responsibility of the renters to maintain the 1 acre portion of the subdivision. The removal of this responsibility would allow the applicants to both better maintain their remaining property and also dedicate more time to any future agricultural activity. 4. Growth of Agricultural Activity The three points listed above give credence to a larger point that this change of zone will enhance and not hinder the potential for further agricultural activity. As mentioned, the available farming land on the property is roughly 13/ acres in size. While the size of this farmable land prevents the ability of a large scale farming operation it does offer attractive possibilities for personal farming, small scale commercial farming, and the ever growing popularity of Agritourism. The requested zone change will allow for immediate access to the land, management of machinery and materials on the land, and the more time to dedicate to the land. The proposed subdivision lines are drawn in a fashion that make the most practical use of the land considering its topographical limitations as well as maintaining the integrity of the farmable land that exists. The subdivision would essentially separate the 1 acre lava flow from the rest of the property leaving the 13/4 acres of farmable land intact. Given the above, the applicants would like to proceed with the development of this site into two lots (One lot of 1 acre in size and one lot of 3.747 acres in size). Tentative plans for the subdivision call for one (1) access point from Akala Road for each lot. (See Attachment B) Accordingly, the applicants are proposing to rezone the 4.747 acre area from Agriculture (A -3a) to Family- Agriculture (FA -1a). It is understood that the subdivision plan submitted herein may change prior to receipt of final subdivision approval to accommodate County subdivision requirements and appropriate conditions of approval. C. Project Timetable and Cost The applicants hope to secure the necessary County rezoning approval as soon as possible and begin the subdivision process immediately thereafter. Tentatively, the applicants hope to have the land subdivided by early to mid 2012. The estimated on and off site cost of improvements would be approximately $200,000 due to the construction of a home, a private driveway, installations of a water meter and a power pole. IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The 4.747 acres of the subject property are designated Agriculture. The entire area is proposed to be reclassified into the Family- Agriculture (FA -1a) district. Based on the size of the requested area, no State Land Use Commission is required. The County of Hawai'i can process the State Land Use boundary amendment and rezoning requests. B. County General Plan The County General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the site as Important Agriculture Lands. Certain areas that could have been classified as Important Agriculture Lands have been placed. within Urban Land Use categories in the past. A memo by Chris Yuen during his term reinforces the view that these lines are not definitive but instead represent an approximation of a boundary (See Attachments H;& 1). This property is adjacent to existing urban areas, the closest being around 100ft away. This represents a decision that the orderly development of those urban areas justifies the eventual conversion of those lands to urban use. Based on the requested Family- Agriculture (FA -1a) designation, the project would be consistent with the General Plan and no amendments would be required. C. County Zoning The County zoning of the subject property is Agriculture -3 (A -3a). Properties in the general area are zoned A -1a, A -3a, FA -2a, RS -10 and RS -15. (See Attachment A) If approved, the site would be subdivided pursuant to the Zoning and Subdivision Codes. Further, all uses and standards consistent with the requested FA-la zone would be adhered to. D. Relationship to SMA Objectives and Policies The site is not located within the County Special Management Area (SMA). As such, no SMA Use Permit would be required. However, as the entire island falls within the State Coastal Zone Management (CZM) Area, some discussion of the request's relationship to the CZM Program is found in Chapter IX, Regulatory Analysis. E. Other Permitting Requirements As noted earlier, other permits would be still required. These would be of the ministerial variety, such as Subdivision Approval, and the like. V. ENVIRONMENTAL CONSIDERATIONS A. General Description The subject parcel is located on the eastern slope of Mauna Kea, approximately four (4) miles from the ocean. The parcel is gently slopping in the west to east direction. The elevation ranges from approximately 880 - 940 feet above sea level. The mean annual rainfall in this area is approximately 160 -200 inches a year. The wetter months tend to occur between December through April. The mean annual temperature is about seventy (70) degrees Fahrenheit to the lower 80's. Because the site is situated on the windward side of the island, winds tend to be trade or variable. Slight northeasterly winds occur during the day, while westerly or mountain winds are prevalent during the evenings. The subject parcel is somewhat triangular in shape. The western side is the subject site's longest at 687 feet in length. Its southern side is 665 feet in length. The remaining side is a slight dog -leg that follows Akala Road and is 647 feet in length. The site has a 2 bedroom 1 bath dwelling located on the north -west corner of the property. If this request is approved, this dwelling would be situated completely on the northern most portion of the proposed 1 acre lot. The remainder of the property was formerly cleared, or is covered by the 1881 lava flow. The portion of the property with accessible soil is partly overgrown with weeds common in this area such as Wainaku and California grass as well as African Tulip, Ferns, Bamboo and other invasive fast growing trees. B. Soils and Topography The topography of the site slopes slightly in a mauka (west) to makai (east direction). The USDA Soil Survey Report identifies soil on this site as "Hilo Series (HoC). This type of soil is characterized as being well - drained, silty clay loam. The surface layer is dark - brown silty clay loam about 12 inches thick. The subsoil is about 48 inches thick and consists of dark - brown, dark - reddish brown silty clay loam. Permeability is rapid, runoff is slow, and the erosion hazard is slight. The Land Study Bureau Overall Master Productivity Rating for the subject area is classified as Class "N, C, & D ". Part of the site is classified "C" which means "fair productivity potential "; part is classified "D" which means "poor productivity potential "; the remaining portion of the site is classified as N meaning "not classified ". It is of the Hilo /Wailea soil series, with deep soil. The soil texture is moderately fine, the color is dark brown, and the parent material is volcanic ash. It is well drained but moist and is moderately suited for machine tilling. Large parts of the northern and southern portions of the property are covered in lava. (See Attachment C) The State of Hawaii Agricultural Lands of Importance to the State of Hawaii (ALISH) maps classifies part of this site as "Important Agricultural Use ". Under this system, the subject site is classified as "Unclassified" and "Prime" due to its prior sugar can use. (See Attachment D) C. Natural Hazards 1. Drainage The US Corps of Engineers' Flood Insurance Rate Map (FIRM) designates that the majority of the subject site is located in Zone X (areas outside the 500 year flood plain) and some of the area to be in Zone AE (inside the 100 Year Floodplain) (See Attachment E). There is a drainage ditch, put in by the County of Hawai'i, on the other side the Akala Road frontage. The ditch ends approximately 160' from the southeast end of the subject site. During heavy rainfall water continues from the end of this ditch across a neighboring property in the easterly direction until it reconnects with Kaumana Drive. Diversion of water in areas above Akala Road (i.e. Akolea Road to accommodate construction), has limited the amount of water diverted to this drainage ditch run -off from Akala Road only, being very minimal even during heavy rainfall. It is estimated that due to the minimal impact of the improvements on the proposed site (house and road) that drainage study would be unnecessary. Typically such a study is needed when extensive grading is done coupled with the extensive use of concrete and asphalt which prevents the absorption of water and increases the quantity of runoff. In the proposed lot the road will be limited to a two path style compacted rock road. The home will be located in the area of highly absorbent clay soil. Neither of which will dramatically cha nge the ability of the property to retain or direct water in way that is different than it does currently. In the event such information is needed, a complete and thorough flood and drainage study has been done on this and surrounding areas by the engineering firm Belt Collins. The study, which was contracted by the County of Hawaii and funded to a large degree by the NRCS (Natural Resource Conservation Service), conducted extensive research on the topography, flood areas, drainage patterns and the like. This information can be obtained from the Hawaii County Department of Public Works. 2. Tsunami Hazard As the site is located over four (4) miles from the ocean, it is located outside the Civil Defense's Tsunami Evacuation Zone. 3. Volcanic and Earthquake Hazards The United States Geological Survey (USGS) classifies the areas Lava Flow Hazard Zone 3, on a scale of ascending risk from 9 to 1. The populated area of Hilo also falls in this category. There is very little that can be done to mitigate this situation and reflects an ongoing threat to all residents and businesses in the areas. The entire island of Hawaii falls within Earthquake Zone 4, according to the County Building Code. As such, certain structural requirements will be needed and taken during the building permit process to address this seismic hazard. D. Flora /Fauna The original botanical resources of the subject site were removed during the sugar plantation era. What are left today are weeds that are typical of this area such as the "Wainaku" and "California" grass, Ferns and Bamboo. As such, the applicants do not believe that rare or endangered floral or faunal resources are likely to be found within the subject site. Given the site's proximity to residential areas, it is unlikely that it would serve as a habitat for any rare or endangered animal life. Given its elevation, however, it may be possible to find Hawaiian Hawk ('Io) and the Hawaiian Owl (Pueo). E. Historical /Cultural /Archaeological Resources As the site has been cleared and used for sugar cane in the past, no commissioned archaeological survey of the site was made. The former clearing makes it less likely to find any archaeological features on the site. Furthermore, during the course of improving the site, should any unanticipated archaeological features or site be uncovered, work will cease and the applicants will notify the Planning Department. F. Valued Cultural Resources In view of the recent Hawaii State Supreme Court's "Pash" and "Ka Pa'akai 0 Ka'Aina" decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated tradition and customary practices of this site. In this situation, the subject site is not adjacent and /or proximate to the shoreline. As such, gathering of marine life and coastal access is not an issue. It is not known whether the subject or immediate surrounding area was used in recent past for the gathering of plants by native Hawaiians. However, as the site has been used for sugar can and other crops in the recent past, it would appear unlikely that the site would serve such a purpose today. In the unlikely event that legitimate gathering claims are made by native Hawaiians, the applicant intends to respect and honor such claims and provide the needed access within the site. Based on the above, it does not appear that the project would have any potential adverse impact relative to the cultural and historical resources of the area. G. Water and Coastal Resources The subject site is located well over four (4) miles from the coastline. As such, the coastal impacts resulting from discharge of wastewater systems from the site should not be significant. Further, being a non - coastal property, no coastal access will be affected. Wastewater from the project will be serviced with a private sewer system meeting with the approval and requirements of the State Department of Health. This will either be a cesspool, septic tank or related system. H. Noise, Air Quality, and Dust Akala Road will serve as the main access to this project from Kaumana Drive. The existing ambient traffic level in this area is quite low. As such, the corresponding noise level is quite low. With the completion of this project, the noise level is not anticipated to increase. There may, however, be short-term noise impacts associated with the construction of the infrastructure (driveway, and dwelling) for the proposed subdivision. Contractors will be required to comply with the appropriate noise and related mitigation measures of the State Department of Health. The proposed development should not generate and direct air quality impacts. The only discernible air quality impact could be associated with the vehicular traffic to and from the site. While there will be an impact to the ambient air quality, the impact should not be significant. Further, with higher EPS standards for automobile air emissions, the air quality impact should thus not be significant. As such, with the exception of construction dust in the beginning, long term dust generated by the project should be minimal. Construction dust, however, like construction noise will have to comply with the State Department of Health's regulations. I. Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there are sites or areas listed as being a scenic resource. The subject site is not listed as a scenic site. However, there were a few examples cited in the Hilo area. The most notable is the backdrop of Mauna Kea and the Hilo Bay. The proposed development would not have any visual impacts on Mauna Kea or Hilo Bay. The site is located more on the lower end of Mauna Kea and is not visible from the Highway. Furthermore, the normal residential height of 30 feet should not interfere with the view of Mauna Kea. VI. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses The land uses in this area are a mixture of urban /residential and agricultural. The area south of the subject property is "Urban /Residential" and extends primarily along Kaumana Drive (approximately 100 feet south of site). Lots extend both mauka and makai of the subject property with zonings of RS -15 and A-la. In both cases single family homes are the main type of structure The area to the north is considered "Agricultural" but is used in primarily a residential fashion with little to no actual farming taking place with the exception of the occasional garden. The primary use for these lots is as small ranches with cattle, horses, and other livestock being commonly found. The majority of these Tots are zoned A -3a with the exception of the lot across from the subject property which recently completed a rezoning and subdivision from A -3a to FA -2a. The downtown area of the City of Hilo is located less than five (5) miles to the east. There are many urban uses proximate to the site in and around the district of Kaumana, including Kaumana Elementary School, Kaumana Caves, Crivello's Store, Kaumana Baptist Church and Preschool and Ainako '76 Gas Station, etc. In addition a new commercial subdivision has been created about 1 mile north of the subject property at the corners of Puanako Extension and Wilder Road. Given the existing and zoned conditions, the proposed development would not be incongruous with the emerging Family- Agricultural pattern in this area. B. Economic Impacts The requested zoning would have some measure of economic impact, as it would enhance the potential for the subject site to be more intensively utilized as a small farm or subsistence garden. Currently the residents are farming about a 1600 square foot portion of the property. The applicants are giving thought to expanding the current farmed area for the purpose of bringing additional income to the family. Further, there will be some small short-term construction activity and this could help with the area's economy. The addition of a new home would also generate increased property taxes for the county. C. Agricultural Impacts As noted earlier, the site has not been intensively used agriculturally since the demise of sugar. Given some of the surrounding agricultural uses and the soil characteristics, however, it's potential to be more intensively used exists. Allowing the applicants to rezone and subdivide the property into smaller agricultural lots could enhance the site's agricultural potential. For the reasons mentioned previously, such a rezoning would increase the agricultural potential of the land and certainly not diminish it. VII. INFRASTRUCTURE CONSIDERATIONS A. Road Immediate access to the project would be via an existing County Road called Akala Road. This road has a roughly 30 -foot wide paved section that extends from Kaumana Drive to a dead -end. The unpaved shoulders have a width of a least 3 -5 feet on both sides. In this general area, Akala Road has a right -of -way of 60 feet, with at least a 30 foot pavement. There is adequate sight distance in the area of the existing access. (See Attachment B.) Further, access from Akala Road onto Kaumana Drive will be no problem. This is supported by the recent opening of the Puainako Street extension to Country Club Drive which now accommodates the flow of most of the traffic traveling to and from Hilo town to Upper Kaumana and Saddle Road destinations. The current dwelling has access from Akala Road located in front of the home. The proposed second dwelling would have access via a private road that would connect with Akala Road just west of the rectangular rock wall. (See Attachment B) B. Water County water is presently available to the single residential structure on subject property. One additional water meter is needed to accommodate the new parcel. The Hawaii County Department of Water has issued a response to a water availability request by the residents indicating there is acceptable water pressure and flow to serve this area and the proposed FA -la subdivision. (See Attachment F) C. Wastewater There is no County wastewater system in this area. As such, a septic tank or cesspool system meeting with the approval of the Department of Health will be allowed. This will be done by the applicants and /or respective landowner in conjunction with the issuance of a building permit for a dwelling. D. Solid Waste Solid waste will be handled through commercial haulers or the individual homeowner into authorized landfill sites or transfer stations. With the requested FA -la zoning, the potential for uses associated with toxic or related chemical waster would be minimal, if at all. It should be noted that the applicants intend to retain most of the vegetation on the site and use if for composting for their property. Thus, waste from this project would be equal to a domestic use. E. Other Government Services As this area is already part of the City of Hilo area, it is already being serviced. No extension of government services would be required. The nearest fire station is located less than 4 miles from the site and the main police station is located Tess than 5 miles from the site. The nearest fire hydrant is less than 600 feet from the property. In this area, the elementary school is located approximately 0.5 miles from the subject property. Middle and High Schools are available in Hilo, Tess than 4 miles away. Numerous County Parks are available in proximity to the subject property. As such, the project should not result in the extension of any government services. Further, the required public facilities are located reasonably proximate to the subject site. F. Other Utilities All other utilities such as telephone, cable, and electrical services are available to the site. VIII. IMPACT SIGNIFICANCE ANALYSIS A. Relationship Between Local Short -Term Uses of Environment and Maintenance and Enhancement of Long -Term Productivity The current short term productivity of the land is limited to a small farm about 1500 square feet in size, the rest remaining fallow. The applicants are exploring and testing various crops and different farming methods to learn more about what succeeds and fails in this area. The current dwelling provides little to no assistance to the applicants in their agricultural endeavors It is believed that a change of zone, which would allow for the creation of a new dwelling, would for numerous reasons mentioned previously enhance the agricultural potential of the land. The long term productivity of the land would be one in which the applicant take the knowledge they have gained from the current farming activity and apply it to a larger scale commercial operation or alternative type of farming such as Agritourism. The applicants have considered a few crops in particular that they feel have strong seasonal appeal. The applicants believe there may be a market for incorporating traditional farming with more modern Agritourism related activities whether on site or elsewhere. Given the "Agricultural" zoning of properties north and west of the subject site, a Family- Agricultural subdivision would provide for a reasonable land use transition. From a long term productivity standpoint then, the proposed 2 lot subdivision would provide an increased capability of having the land used for agricultural activity by individual parcel owners as opposed to laying fallow. B. Irreversible and Irretrievable Commitment of Resources The subject site is already disturbed. As such, the project should not result in an irreversible commitment of natural or archaeological resources. The wood and other natural materials in building a home and road could be considered irreversible and irretrievable to the environment of the United States as a whole but not specific to this site. Such items are common to every site in which construction occurs and again do not affect the subject site specifically. C. Mitigative Measures Should unanticipated archaeological finds be discovered in conjunction with any further development of the site, work will stop (as is required by the State and the County) and clearance secured before work is resumed. Furthermore, any and all required grading or grubbing work will be done in conjunction with the required grading /grubbing permits and /or approved Soil and Water Conservation District agricultural plan. This is to assure that the development of this site does not adversely affect the drainage of the surrounding areas. Finally, no person or business will be dislocated by this project. D. Alternatives to the Proposed Project 1. No Project If the application is not approved further efforts and expense by the applicants to save the property will cease. The property will return to its previous state of being overgrown with weeds, trees, and most notably running bamboo. Of these infestations, the running bamboo will have the most profound effect on the land as it becomes extremely dense, binds the top soil into a root ball mass, depletes the soil of nutrients, and is very difficult to completely remove once settled. 2. Alternative Density Under this alternative, the applicants could seek a less intensive zoning, such as FA -2a. This zoning category would be consistent with a property located across Akala Road but severely diminish the effective use of the limited amount of farmable land in the field. The result would be the division of the existing farmable portion into two lots leaving both with very little to work with. 3. Evaluation of Alternatives The project's impacts to the area's social and physical infrastructure would not appear to be pronounced. Certain mitigative measures will be taken to address any possible impacts associated by the development of this project. Further, the project would tend to support the land use objectives south to be accomplished by the County General Plan LUPAG map. Specifically, it would provide for a more orderly land use transition than the existing A -3a zoning. Given the present mixture of land uses and lot sizes in this area and proximity to urban areas, the site may not be utilized to its fullest agricultural potential if developed under the existing A -3a zoning. The requested FA -la zoning would increase the potential for agricultural farming, as opposed to an FA -2a zoning which would fail to keep the integrity and cohesiveness of the farmable land on the subject site. In view of the aforementioned, it would appear that the FA -la alternative would be more prudent and beneficial than the requested FA -2a or the current status quo of A -3a. IX. REGULATORY ANALYSIS A. General Plan LUPAG Map The General Nan provides for the long -range comprehensive development of the island of Hawaii. It provides for balanced growth in the County. The LUPAG map designates the site Important Agriculture Land. Due to established precedent listed (See Attachments H & 1) and the proximity of the subject site to "Urban" designated lands this designation allows the required FA -la zoning without a General Plan Amendment. B. General Plan Policies The requested zoning would be consistent with the goals, policies, and standards of the General Plan document. For one, it may provide limited short-term economic opportunities largely through the construction of any improvements required for the subdivision. More importantly, however, longer -term opportunities would be created largely in the form of small -scale truck crops by more individual parcel owners. In so doing, the resultant project should add revenues to the County and State coffers. The project intends to be energy conscious through the use and /or encouragement of solar energy and design features to take advantage of wind patterns. Maintaining and improving the quality of the environment is important to the success of this project. The General Plan identifies five (5) areas of environmental concerns — air pollution, water quality, soil pollution, solid waste disposal, and noise pollution. As proposed, the project would not be in violation of any of those objectives. Aside from vehicular transmission, air pollution associated with the project should be negligible. All wastewater systems would be consistentwith°the requirement°of the State Department of Health. This should be sufficient to address any potential groundwater or coastal water impacts. If required, a solid waste management plan could be prepared and implemented. The project will also not be a noisy one, except as may be associated with intermittent farming operations. Any noise generating facility, such as air conditioners, would be carefully placed to minimize their noise impacts to adjoining properties. Further, it is unlikely that this site would be used as a fruit or vegetable processing plant, as it would be more economical to send the products elsewhere. The site does not appear to have historic sites. It was previously extensively cleared and actively cultivated with sugar cane. Nonetheless, work will cease if unanticipated archaeological remains are discovered while developing and /or using this property. Work will resume only after proper clearances from the State and /or County have been received. Being previously under cultivation, the prospects of the site serving as a habitat for rare or endangered plant or animal life appear remote. As the FA -la zoning would allow a residence, the project will indirectly fulfill the objectives of the housing element by allowing for the rental of the existing dwelling. The Plan also emphasizes that developments be mindful of an areas natural beauty. In this situation, the project has been and will be used in a manner where it blends with the rural ambience of the surrounding area. As the project is more than four (4) miles from the ocean, the usual coastal resources concern is not pronounced. There will be no interference with shoreline access. Then, too, through the use of cesspools or a septic system or other acceptable form of wastewater system, impacts to the coastal water will be minimized. There will be little impact to public facilities. The wastewater system will be private. The water system will be developed in a manner meeting with the requirements of the Department of Water Supply. Akala Road is a County road and well- maintained leading up to and past the subject site. Schools and other public facilities are also located proximate to the sit, most of them being less than four (4) miles away. Finally, in the terms of the Land Use and Agriculture Elements, the pertinent goals, policies, and standards of the General Plan note the following: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • Protect and encourage the intensive utilization of the County's limited prime agricultural land. The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. • The compatibility of agricultural and non - agricultural uses should be carefully reviewed and where appropriate, buffers required. • • Rural -Style Family- Agricultural developments, such as new small -scale rural communities or extension of existing rural communities, shall be encouraged in appropriate locations. The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. • Agricultural land shall be used as one form of open space or green belt. Admittedly, the requested zoning is not specifically consistent with the Important Agricultural Lands designation of the LUPAG map. However, it is generally compatible with the surrounding area and does not foreclose an option in the future for more intensive development. There is RS -10, RS -15, A -2a and A -3a zoned properties proximate to the subject site. Thus, the requested FA-la zoning would provide a good buffer between the larger agricultural Tots and the urban sized lots. C. Zoning and Subdivision The designated zoning of the site is A -3a. Should the FA -la zoning be approved, the requirements of the zoning and subdivision codes relative to lot size and use would be complied with. It should also be noted that Section 25 -5 -60 of the Zoning Code describes the Family - Agricultural district as one which "provides for a real blend of small -scale agricultural operations associated with residential activities and which may be characterized by farm estates, small acreage farms, or subsistence lots. The FA district is intended to be in areas designated as being within the State Land Use Agricultural District, where public services and infrastructure are dppropriateto supportfhe very kiw density residential needs of a rural community and where substantial number of parcels are less than five acres in size, and where.a mix of uses will not conflict with or be detrimental to existing agricultural uses in the surrounding area. In addition, this district is intended to be primarily comprised of agricultural lands less than five acres in area, which are not classified as A or 8 lands under the land study bureau's master productive rating, or classified as prim, unique, or other important agricultural lands. Provided, that the district may include lands so classified if the lands are situated with an urban expansion or other urban designation under the general plan land use pattern allocation guide ( LUPAG) map ". (See Attachment G). This property is located in close proximity (less than 100 feet) to proposed "Urban" designation. In addition, as noted by the County of Hawaii Planning Department in a memo to the Corporation Counsel dated 4/27/2001 (See Attachment H) "The difficulty is that LUPAG maps were, in most cases, only meant to show the general locations of particular uses. I have been told by Norman Hayashi, who worked on the original 1971 GP, that the maps were not meant to be precisely scaled. For example, the maps may show and industrial area that corresponds to an existing location, like a mill site, but if you were to try to scale the map location from fixed points, like a street intersection or the shoreline, you would not necessarily arrive at the actual existing location. The Planning Department simply did not try to make the maps have this kind of accuracy, in part because it did not intend that they be used with this degree of precision. The 1989 maps are on a scale of one -inch equal 2 miles, so a sixteenth of an inch is about 650 feet. This may very significant in dealing with a particular property if one attempts to precisely scale off the map." In terms of lot size, the requested FA-la zoning would not re- characterize this area to a "city -like" concentration of people or structures although smaller lots are located to the south side of this property. In this general area, the lots ranged between 10,000 square feet to 3 acres. There are also some small, albeit not intensive farms, in this general area. D. State Land Use Rural Standards As the requested area covers Tess than fifteen (15) acres, the County can process the request. Pursuant to the Planning Commission Rule No. 13, the request must meet certain standards. These standards and their justification follow. 1. Conformity to the General Plan The projects relationship and conformity are demonstrated in sections IX A and B above. Relationship to State Land Use Rural District Standards Chapter 205 -2 (c), Hawaii Revised Statutes, states that "Rural districts shall include activities or uses as characterized by low density residential lots of not more than one dwelling house per one -half acre, except as provided by county ordinance pursuant to the section 46 -6(c), in areas where "city - like "concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with low density residential lots..." Pursuant to that requirement, the State Land Use Commission's Rules outlined the standards for determining the Rural district boundaries (Section 15- 15 -21). Their relationship to this request is noted as follows: a. Areas consisting of small farms The Tots in this general area represent a mixture of land uses and land area. There are lots as small as 10,000 square feet to 3 acres. While there are some small farms, albeit not intensively cultivated, in this area; for most parts, Tots in this area are used more for residential than agricultural purposes. This may be due to in part to a number of factors, such as lifestyle or economic. Nevertheless, aside from the urban type of Tots on the south, most of the surrounding lot sizes including the proposed subdivision, of one 1 acre lot and one 3.747 acre lot, would be conducive or suitable for small farms. There are a few small farms in this area. The proposed Tots within this project could also provide that activity. In so doing, it would increase the overall number of small farms in this area and further this "small farm" objective. b. Low - densitv residential character This criterion or standard calls for "Activities or uses as characterized by low- density residential lots of not less than one - half acre and a density of not more than one single-family dwelling per one -half acre in the areas where "city- like" concentrations of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with the low - density residential lots ". As noted earlier, the requested land area of 1+ acre would be consistent with this standard. Furthermore, this area is characterized by a mixture of lot sizes. There are low- density residential Tots in this general area, with lots as small as 10,000 square feet. Then, too, there are somewhat larger lots (up to 3 acres) that have the capability of being used more intensively for small farms. While the area south of the subject site does have a "city -like" concentration of people or structures, it is still more of a "small residential neighborhood" character rather than a typical urban subdivision as little to no commercial activity take place. Thus, given the absence of "Urban" characteristics and the presence of a few small farms plus the potential for more with this proposed subdivision, this would be consistent with this standard. c. Inclusion of contiguous parcels not suitable for low- density residential uses for small farm or agricultural uses The criterion is not really applicable. The rules read that the rural district boundary "may also include parcels of land which are surrounded by, or contiguous to this (rural) district, and are not suited to low- density residential uses for small farm or agricultural uses ". This request, if approved, would still leave the subject property as Agricultural (A -3a to FA -1a) and would still be consistent with the surrounding neighboring properties. As such, it would not be contiguous to or surrounded by other rural districts. If approved, it could serve as the basis for other properties to be reclassified to "FA" type zoning. E. Relationship to SMA Objectives and Policies The site is not located within the County Special Management Area (SMA). As such, no SMA Use Permit would be required. However, as the entire island falls within the State Coastal Zone Management (CZM) Area, some discussion of the request's relationship to the CZM Program follows. The site is not adjacent to the ocean. It is more than a mile from the shoreline. As such, the proposed action should not have any adverse impacts on the.area's coastal, recreation and marine resources nor have any impacts on beach protection. The likelihood of this improvement having any impacts to the area's historic resources is remote. As the site was previously cleared, it would not appear that there are any archaeological features within the area of the proposed improvements. A "no historic properties affected" determination of this site has been made by the State DLNR -HPD. Nonetheless, should there be any inadvertent finds during construction of the project; work will stop until clearances are received from the appropriate County and State agencies. The proposed action will involve the construction of improvements in a rural - agricultural setting. Accordingly, there is a potential visual impact to the area's scenic and open space resources. However the project would involve the construction of only one single - family dwelling on the respective lot. Further, the site is not readily visible from Kaumana Drive thus any visual impact to the near or off shore waters as well as to slopes of Mauna Kea would be minimal, if at all. Relative to the Coastal Ecosystems, impacts should be negligible, if at all, as the site is located well over a mile from the ocean. Not withstanding the distance, the nature of the project — residential /agricultural — potential coastal ecosystem impacts would usually not be found. The proposed action will result in creating the potential for small -scale agricultural farm lots in this area. Although initially limited to the applicants and their immediate families, this should nevertheless still provide additional opportunities for farming. In so doing, the project could aid the agricultural economy and the overall economic use of this site and the area in general Because of its distance from the shoreline, the site should not be subject to coastal hazards. Relative to the managing development objective, this function is more applicable to the "authority" or approving agencies. However, it is noted that the request would operate and be constructed within the scope of the Zoning Code. The subject site would be zoned FA -la, and the requested use and design /parameters (parking, height, setback, etc.) would be consistent with said zoning. In that regards, the project would be consistent with this policy. Finally, in terms of the public participation objective, this is generally a public agency function. This is achieved through the Marine and Coastal Zone Management Advisory Group (MACZMAG) and the public hearing process required pursuant to the Planning Commission's Rule and County Council's meeting on this application. Notices of this application will be sent by the applicant to surrounding property owners of the submittal of the application, and again, prior to the public hearing. A sign would also be posted on the property, notifying the public of this application. Based on the foregoing, it is concluded that the requested improvements would be consistent with the objectives, policies and guidelines of the Coastal Zone Management Policies, as outlined in the Chapter 205 -A -23, HRS and Planning Commission Rule No. 9 relating to Special Management Area. Attachment "A" L AKALA RD Attachment `B" PORTION OF LOT 22A 11.1X(3)2 -5-40.18 ZONED:FA -2a FRANC FRANCS k MARTHA RODEL75 MAP OF A PORTION OF LOT 22A, A PORTION OF LAND PATENT GRANT 4538 TO A. MACAULTON, SUSUMU SHIMIZU AND AKIO SHIMIZU, RIGHT OF PURCHASE LEASE 3, FIRST LAND DISTRICT, PONAHAWAI, SOUTH HILO, ISLAND OF HAWAII, HAWAII I ) / PORTION OF LOT 22A ) 4.747 ACRES 1 1 PROPOSED LOT 2 183.21E SO. Ff. 3.747 ACES // / n 198(3)2 -5-4019 / /1 / \ ZONED:A -3o /\ OM/ / / / � \ MARC C 6 DESREE BUR l C PRUSE\ \ > '0pVE8- Y- \ / \ 04. —PpcF04A --- �� '— \ V V / LOT 1 v� 4, Z'6 V V V V V V N 423.87 E 205.36 REF./1641184NA V 766(3)2 -5 -4012 ZONED:WEN 4YtlEtk STATE CF HAWAII 19613)2 -5 -4013 20NE0:69-IS Ott1EB: LLCM t KAREN RUBIO LEGEND rt. unu r POLE TA GUY ANCHOR ♦ WATER METER BOUNDARY CF PROPOSED SUBONSO4 APPROXIMAIE LOCATION OS OCCAS O�ONAL WATER COURSE PAVDAEAT 100' 200' 300' I I FEET LOT 2 OWNER: MARC AND DESIREE BUR 55 AKALA ROAD HILO, HI 96720 ZONED: A -3o S Dote: 27June 2011 Drawing: JO995924.9 TAW: (3) 2 -5 -40:19 36 6 24 NO TES; Th. Feature. 9,o., hereon were located by a field survey completed on 14 March 2011. 2 LOTS I AND 2 ARE PART OF A PROPOSED SC901,15109. 3. Boundary dimension. have been r.N..d to be consistent .Ilh ,M aclud boundarl.s of thle parcel of land and 0 revised 489 description ho. been +eaten. Thl. work was prepared by me or under my direct supervision Richard 5unden Licensed Professional Land Surveyor Llcen,. Number 1274E The Independent Hawaii Surveyors. LLC No. IA N.... edi 05 -07(10 FAX POO 9311-0.111. Attachment "C" I \it ti 1 II �� k; Attachment "D" Attachment "E" 07//' f ZONE t / X 8. {:'rrnnur f Tifibralirrj 457 rl rnsaia 4rrrrain 900 880 REVISED AREA 9064)00, U • �' ZONE X In 11.fAdl FFMA Firm Mn n - inn 1 !7f11 fl 8200 M -19 r 1 V IS-$+ 07' . Attachment "F" Mr. Marc Butz 55 Akala Road Hilo, HI 96720 DEPARTMENT OF WATER. SUPPLY • COUNTY OF HAWAII 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAI'I 96720 TELEPHONE (808) 961 -8050 • FAX (808) 961 -8657 May 31, 2011 REQUIREMENTS FOR CHANGE OF ZONE / SUBDIVISION APPLICATION TAX MAP KEY (3) 2 -5- 040:019 This is in response to your letter dated May 4, 2011. We can confirm that the existing service to the subject parcel is fed from a higher pressure zone than the existing 6 -inch waterline within Akala Road fronting the subject parcel. For your information, the existing high - pressure waterline that feeds the existing service to the subject parcel is inadequate to provide an additional service for your proposed 2 -lot subdivision. Therefore, the additional lot created through your proposed 2 -lot subdivision would be served from the existing 6 -inch waterline within Akala Road. It would be the one lot in a subdivision that our department can allow to receive water pressure below 40 pounds per square inch, as required per our Water System Standards. We have also determined that there is indeed another waterline (at Edita Street) connected to our existing 8 -inch waterline within Kaumana Drive and therefore our existing water system serving the subject parcel is adequate to provide the required 500 gallons per minute of flow for a duration of two (2) hours, for fire protection, as required per our Water System Standards for developments zoned FA -la. Should there be any questions, please contact Mr. Finn McCall of our Water Resources and Planning Branch at 961 -8070, extension 255. FM:dfg Sincerely yours, / Mil n . Pavao, P.E. C Ma ag r -Chief Engineer -1 ...Water, Our Most Precious Resource ... 7(a Wai pane .. . The Department of �_._ Attachment "G" §25 -5 -57 HAwAI`I COUNTY CODE Section 25 -5 -57. Other regulations. (a) If any legal building site in the RA district has an area less than one -half acre, then the yard and height requirements for the building site shall be the same as the yard requirements for the RS district. (b) Plan approval shall be required prior to the construction or installation of any new structure or development, or of any addition to an existing structure or development which is used for minor agricultural products processing. (c) An ohana dwelling may be located on any building site in the RA district, as permitted under article 6, division 3 of this chapter. (d) Exceptions to the regulations for the RA district regarding heights, building site areas, building site average widths and yards, may be approved by the director within a planned unit development pursuant to article 6, division 1 of this chapter. (1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999.) Division 6. FA, Family Agricultural Districts, Section 25 -5-60. Purpose and applicability. The FA (family agricultural) district provides for a blend of small -scale agricultural operations associated with residential activities and which may be characterized by farm estates, small acreage farms, or subsistence lots. The FA district is intended to be in areas designated as being within the State land use agricultural district, where public services and infrastructure are appropriate to support the very low density residential needs of a rural community and where substantial number of parcels are less than five acres in size, and where a mix of uses will not conflict with or be detrimental to existing agricultural uses in the surrounding area. In addition, this district is intended to be primarily comprised of agricultural lands less than five acres in area, which are not classified as A or B lands under the land study bureau's master productivity rating, or classified as prime, unique, or other important agricultural lands. Provided, that this district may include lands so classified if the lands are situated within an urban expansion or other urban designation under the general plan land use pattern allocation guide (LUPAG) map. (1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999.) Section 25 -5-61. Designation of FA districts. Each FA (family agricultural) district shall be designated on the zoning map by the symbol "FA" followed by a number and the lower case letter "a" which indicates the required number of acres for each building site. For example, FA -la means a family agricultural district with a minimum building site area of one acre. (1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999.) Section 25 -5 -62. Permitted uses. (a) The following uses shall be permitted in FA districts: (1) Agricultural products processing, minor, provided that the area or buildings used for such processing, shall be located at least seventy-five feet from any street. (2) Agricultural tourism as permitted under section 25 -4 -15. (3) Animal hospitals. (4) Aquaculture. (5) Botanical gardens, nurseries and greenhouses, seed farms, plant experimental stations, arboretums, floriculture, and similar uses dealing with the growing of plants. (6) Campgrounds, parks, playgrounds, tennis courts, swimming pools, and other similar open area recreational facilities, where none of the recreational features are entirely enclosed in a building. SUPP. 7 (1 -2009) 25 -58 ZONING § 25 -5 -62 (7) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (8) Crop production. (9) Dwelling, single- family, as permitted under chapter 205, Hawai`i Revised Statutes and as permitted under section 25- 5- 67(b). (10) Farm dwellings, as permitted under section 25- 5 -67(b) and (c). (11) Game and fish propagation. (12) Group living facilities. (13) Kennels. (14) Livestock, grazing; provided that any feed or water area, salt lick, corral, run, barn, shed, stable, house, hutch, or other enclosure for the keeping of any permitted animals shall be located at least seventy -five feet from any lot line. (15) Public uses and structures, necessary for agricultural practices. (16) Retention, restoration, rehabilitation, or improvement of buildings or sites of historic or scenic interest. (17) Riding academies, and rental or boarding stables. (18) Roadside stands for the sale of agricultural products grown on the premises. (19) Utility substations, as permitted under section 25 -4 -11. (20) Vehicle and equipment storage areas that are directly accessory to aquaculture, crop production, game and fish propagation, and livestock grazing. (21) Veterinary establishments. (b) The following uses may be permitted in the FA district, provided that a use permit is issued for each use: (1) Golf courses and related golf course uses, including golf driving ranges, golf maintenance buildings and golf club houses. (2) Telecommunication antennas and towers. (c) The following uses may be permitted in the FA district, provided that a special permit is obtained for such use if the building site is located within the State land use agricultural district: (1) Adult day care homes. (2) Bed and breakfast establishments, as permitted under section 25 -4 -7. (3) Community buildings, as permitted under section 25 -4 -11. (4) Family child care homes. (5) Home occupations, as permitted under section 25 -4 -13. (6) Meeting facilities. (7) Model homes, as permitted under section 25 -4 -8. (8) Public uses and structures, other than those necessary for agricultural practices, as provided under section 25 -4 -11. (9) Temporary real estate offices, as permitted under section 25 -4 -8. (10) Uses, other than those specifically listed in this section, which meet the standards for a special permit under chapter 205, Hawai`i Revised Statutes. (d) The following uses may be permitted in the FA district, provided that a use permit is issued for each use if the building site is outside of the State land use agricultural district or a special permit is issued for each use if the building site is within the State land use agricultural district: (1) (2) (3) (4) Churches, temples and synagogues. Day care centers. Hospitals, sanitariums, old age, convalescent, nursing and rest homes. Major outdoor amusement and recreation facilities, includes stadiums, sports arenas, and other similar open air recreational uses. 25 -59 SUPP.10 (7 -2010) K 4' § '25-5-62 HAWAI`I COUNTY CODE (5) Mortuaries. (6) Schools. (e) Buildings and uses accessory to the uses permitted in this section shall also be permitted in the FA district. (1996, Ord. No. 96 -160, sec. 2; ratified and amended April 6, 1999; Am. 2008, Ord. No. 08 -155, sec. 12; Am. 2010, Ord. No. 10 -17, sec. 5.) Section 25 -5 -63. Height limits. The height limit in FA districts shall be thirty-five feet for any residential structure, including any single - family dwelling or farm dwelling, and forty-five feet for all other structures. (1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999.) Section 25 -5 -64. Minimum building site area. The minimum building site area in the FA district shall be one acre. Other FA districts having larger areas may be designated in increments of one acre up to a recommended maximum of five acres. (1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999.) Section 25 -5 -65. Minimum building site average width. Each building site in the FA district must have a minimum average width of one hundred twenty feet for the initial one acre of required area plus twenty feet for each additional acre of required area; provided that no building site shall be required to have an average width greater than three hundred feet. (1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999.) Section 25 -5-66. Minimum yards. (a) Except as otherwise provided in this section, the minimum yards in the FA district shall be thirty feet for front and rear yards and twenty feet for side yards. (b) In the FA district, accessory buildings and enclosures (other than fences under eight feet high) for the shelter and confinement of any livestock shall be at least thirty feet from the side and rear property lines. (c) Appropriate additional setbacks from adjacent residential zoned lands may be required by the director for those facilities and uses which may include more frequently used machinery and equipment in order to minimize potential lighting, odor, vector and air and water quality impacts. (1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999.) Section 25 -5 -67. Other regulations. (a) If any legal building site in an FA district has an area of less than one acre, then the yard and height requirements for the building site shall be the same as the yard and height requirements in the RA district. (b) One single - family dwelling or one farm dwelling shall be permitted on any building site in the FA district. A farm dwelling is a single- family dwelling located on or used in connection with a farm or if the agricultural activity provides income to the family occupying the dwelling. (c) Additional farm dwellings may be permitted in the FA district only upon the following conditions: (1) A farm dwelling agreement for each additional farm dwelling, on a form prepared by the director, shall be executed between the owner of the building site, any lessee having a lease on the building site with a term exceeding one year from the date of the farm dwelling agreement, and the County. The agreement shall require the dwelling to be used for farm- related purposes. (2) The applicant shall submit an agricultural development and use program, farm plan or other evidence of the applicant's continual agricultural productivity or farming operation within the County to the director. Such plan shall also show how the farm dwelling will be utilized for farm- related purposes. SUPP. 10 (7 -2010) 25 -60 ZONING § 25 -5 -67 O An ohana dwelling may be located on any building site in the FA district, as permitted under article 6, division 3 of this chapter. (e) Exceptions to the regulations for the FA district regarding heights, building site areas, building site average widths and yards, may be approved by the director within a planned unit development. (1) Plan approval shall be required prior to the construction or installation of any new structure or development, or of any addition to an existing structure or development which is used for minor agricultural products processing. (1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999.) Division 7. A, Agricultural Districts. Section 25 -5-70. Purpose and applicability. The A (agricultural) district provides for agricultural and very low density agriculturally -based residential use, encompassing rural areas of good to marginal agricultural and grazing land, forest land, game habitats, and areas where urbanization is not found to be appropriate, (1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999.) Section 25 -5-71. Designation of A districts. Each A (agricultural) district shall be designated on the zoning map by the symbol "A" followed by a number together with the lower case letter "a" which indicates the required or minimum number of acres for each building site. For example, A -10a means an agricultural district with a minimum building site area of ten acres. (1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999.) Section 25 -5-72. Permitted uses. (a) The following uses shall be permitted in the A district: (1) Agricultural parks. (2) Agricultural products processing, major and minor. (3) Agricultural tourism as permitted under section 25 -4 -15. (4) Animal hospitals. (5) Aquaculture. (6) Botanical gardens, nurseries and greenhouses, seed farms, plant experimental stations, arboretums, floriculture, and similar uses dealing with the growing of plants. (7) Campgrounds, parks, playgrounds, tennis courts, swimming pools, and other similar open area recreational facilities, where none of the recreational features are entirely enclosed in a building. (8) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (9) Crop production. (10) Dwelling, single- family, as permitted under chapter 205, Hawai`i Revised Statutes and as permitted under section 25- 5- 77(b). (11) Farm dwellings, as permitted under section 25- 5 -77(b) and (c). (12) Fertilizer yards utilizing only manure and soil, for commercial use. (13) Forestry. (14) Game and fish propagation. (15) Group living facilities. (16) Kennels. (17) Livestock production, provided that piggeries, apiaries, and pen feeding of livestock shall only be located on sites approved by the State department of health and the director, and must be located no closer than one thousand feet away from any major public street or from any other zoning district. 25 -61 SUPP. 7 (1 -2009) Attachment "H" 3 Harry Kim Mayor April 27, 2001 iurrt r >af 'Initraii PLANNING DEPARTMENT 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720 -4252 (808) 961 -8288 • Fax (808) 961 -8742 Lincoln Ashida, Esq. Corporation Counsel Office of the Corporation Counsel 101 Aupuni Street Hilo, HI 96720 Dear Mr. Ashida: Christopher J. Director Roy R. Taken Deputy Direct. SUBJECT: PLAN INTERPRETATION The County Council has requested that Corporation Counsel issue an opinion about the scope of the Planning Director's discretion to make "map interpretations" that particular parcels are within specific categories on the Land Use Pattern Allocation Guide (LUPAG) maps in the General Plan. This is in connection with a specific rezoning request —the property on the Panaewa corner of Puainako and Kanoelehua, across Puainako from Blockbuster, but it is something that is of great general significance. For that reason I wanted to share my thoughts before your office issued an opinion. The difficulty is that the LUPAG maps were, in most cases, only meant to show the general locations of particular uses. I have been told by Norman Hayashi, who worked on the original 1971 GP, that the maps were not meant to be precisely scaled. For example, the maps may show an industrial area that corresponds to an existing location, like a mill site, but if you were to try to scale the map location from fixed points, like a street intersection or the shoreline,•you would not necessarily arrive at the actual existing location. The Planning Department simply did not try to make the maps have this kind of accuracy, in part because it did not intend that they be used with this degree ofprecision. The 1989 maps are on a scale of one -inch equals two miles, so a sixteenth of an inch is about 650 feet. This may be very significant in dealing with a particular property if one attempts to precisely scale off the map. fn many cases, the designations are inherently imprecise. For example; thereis often a band of "Low Density" or "Urban Expansion" surrounding existing towns. This signifies Lincoln Ashida, Esq. Corporation Counsel Office of the Corporation Counsel Page 2 April 27, 2001 that the existing town can expand in that direction, and it may give a general indication of the ultimate size, but it does not indicate a precise boundary for the town. There is a band of "Open" designation along the shoreline which could be scaled off at 300 -500 feet wide, but this does not designate a policy of a 300 -500 foot wide shoreline setback. It signifies that there is a shoreline setback, but given the scale, it is not possible to delineate an exact width on the map. I have found many instances where zoning has been allowed that is not precisely consistent with the LUPAG, if you try to precisely scale the map. For example, the Kona Industrial subdivision is partially within the "High Density" urban core of Kailua -Kona. Industrial uses are not permitted within "High Density." The Ritz - Carlton Hotel is located at least partially, and maybe completely, on an "Open" LUPAG designation, although there is a "Resort" designation in the immediate vicinity. I must conclude, as have previous planning directors, that there must be some discretion to interpret the map. There have been a number of formal "map interpretations "; more often zoning has proceeded without this being raised as an issue. That being said, the key question is the extent of discretion. Unfettered discretion makes the LUPAG map completely worthless. I agree with an opinion orally given by Pat O'Toole that there is no discretion when the map area in question was enacted by an ordinance which specifies metes and bounds, or by a specific parcel, as has sometimes been the case for interim amendments. I also feel that there are circumstances where the intent of the map is clear. Among these are the "conservation" designations that appear to coincide with the state land use conservation district boundaries or forest reserve boundaries. I don't think the director has the discretion to "map interpret" those areas to include adjacent properties. Another example would be where the map clearly covers an existing facility, like a mill site being shown as industrial. In those circumstances, the map would be interpreted to cover the existing mill area, and perhaps something larger, depending upon the size of the area shown on the map. I also think that in where a road appears to be the boundary between markedly different LUPAG categories, the road ought to be respected as a boundary. For example, if an urban use is only shown on one side of a road, one should not interpret it to be on the other side of the road. I think that where an urban use is clearly shown on one bay it should not be extended or moved to the next bay. Lincoln Ashida, Esq. Corporation Counsel Office of the Corporation Counsel Page 3 April 27, 2001 Areas where the map can be interpreted would include examples like a future resort shown on a particular bay. The map was not done to exactly locate the hotel site, which could be determined in the zoning process, but still be consistent with the LUPAG map. Where the boundary is inherently imprecise —for example, where an area of urban expansion or low density has been drawn around an existing residential area —if a proposal comes forward to rezone the property somewhere near or past the apparent fringe, the more cogent question may be whether it is right to rezone the fringe before the adjoining land closer to the existing urban area has been developed. I also feel that there should be some ultimate limit in map interpretation vs. the exact location shown on the LUPAG— something between five hundred and a thousand feet, in my opinion. On the specific question of the Puainako St. property, my office has extensive files which give a chronology of what happened. In brief, the question is whether the 1989 General Plan amended the map to include this property within the "High Density" area of Hilo, even though the map itself did not change to include it. Because the original amendment creating the High Density area at Prince Kuhio Plaza was by metes and bounds, it is clear that this area was not High Density before the 1989 amendments. I would be happy to share what we have in response to any question that may come from the council. Sincerely, CHRISTOPHER J. Planning Director CJY:pak Wpwin60 \Chris\Plan Interpretation letter cc: Patricia O'Toole, Esq. Mr. Roy Takemoto Mr. Rodney Nakano Mr. Norman Hayashi Ms, Alice Kawaha Attachment "P' Harry Kim 'uyor QIrnxxttg .oaf Aaft tit PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 -4224 (808) 961 -8288 • FAX (808) 961 -8742 MEMORANDUM NO. 07 -19 September 18, 2007 TO: PLANNERS AND EM's FROM: CHRISTOPHER J. YUEN PLANNING DIRECTOR SUBJECT: GENERAL PLAN LUPAG MAPS Christopher J. Yuen Director Brad Kurokawa, ASLA LEED® AP Deputy Director This staff memo is to discuss when land use applications should be rejected for inconsistency with the General Plan LUPAG map. The alternative is to process the application for final decision by the Planning Commission or the County Council, but with a negative recommendation. This memo mainly applies to rezonings and SMA permits. It is an issue that sometimes comes up when staff is doing an initial review of such applications. The county charter, sec. 3- 15(b), says that "no public improvement or project, or subdivision or zoning ordinance, shall be initiated or adopted unless the same conforms to and implements the General Plan." Attached to this staff memo is a Corporation Counsel memorandum giving the legal basis for the Planning Director refusing to process a rezoning application and SMA permit application based upon inconsistency with the General Plan. The 2005 General Plan makes it clear that any rezoning must be consistent with the LUPAG map, on p. 14 -4. With respect to the SMA, the case of Gatri v. Blanc, 88 Haw. 108(1998) makes it clear that an SMA permit must be consistent both with the General Plan and with the zoning. So, for example, we have areas in Puako which are zoned V- 1.25, allowing one unit per 1250 square feet of land, potentially 35 units per acre, but which are "low density urban" in the LUPAG map. Any SMA permit would be limited to the 6 units /acre limit under the criteria for "low density urban ". To take another Hawai'i County is an Equal Opportunity Provider and Employer. PLANNERS AND EM's Page 2 September 18, 2007 example, Punalu'u is a "minor resort" in the General Plan, with a limit of 500 visitor units, so any SMA permit would have to be limited to that, although the zoning potentially allows more units. The problem with determining consistency with the LUPAG map comes up because in most cases, the boundaries on the LUPAG map were not meant to be exact. Attached to this memo is letter dated April 27, 2001, explaining this and giving examples. This letter was also made a part of Staff Memo 2001 -40. This letter remains valid with the 2005 General Plan. All planners should read and try to understand it. To give a typical example, the General Plan will show an area of low density urban or alternate urban expansion around a town like Hawi or Waimea. This gives the general guidance that further urban development should grow outward from the existing developed area of the town, or in vacant infill areas, and gives an idea of the extent and scale, but it was not meant to be exactly scaled off to create an absolute boundary. The fact that the LUPAG is now on GIS and shows exact locations gives a false precision to the map. The GIS was digitized from the 1989 LUPAG map, which is at a scale of about 1 "= two miles, and was not, in most cases, meant to depict absolute boundaries. This means that it is often possible to reasonably interpret an area as being in low density urban or medium density urban, for example, and either could be correct. There are exceptions to the concept that the LUPAG map lines are not absolute boundaries, which are discussed in the April 27, 2001 letter: for example, when they go along identifiable streets or when the property was originally put into the LUPAG map by a specific metes - and - bounds interim amendment. This being the case, we should reject applications for inconsistency with the LUPAG map only in very clear cases where there are no boundary issues. An example would be an industrial zoning in an area where there was no industrial designation on the LUPAG, or residential zoning within what is clearly an industrial area. Otherwise, we should process the application, with an unfavorable recommendation, explain our reasons for concluding that the application is not consistent with the LUPAG, and let the Council or Planning Commission make the final decision. We should also explain other land use reasons, if any, for denying the application. If the Council eventually decides to approve the rezoning, or the Planning Commission decides to approve an SMA permit, against our negative recommendation, they will have to make a finding that it is consistent with the LUPAG. We should not reject an application just because it is a few hundred feet from the proper LUPAG line, except in the unusual case where the line was meant to be exact. PLANNERS AND EM's Page 3 September 18, 2007 If we do reject an application because of LUPAG inconsistency, we should include the standard language stating that this can be appealed to the Board of Appeals, because this is a final decision. When it looks like a rezoning or SMA permit is not consistent with the LUPAG as shown on GIS, but we interpret the LUPAG to be consistent, we should explain why we are interpreting the LUPAG in the background of the rezoning or SMA permit. The LUPAG does not answer all land use questions. A rezoning may not be a good idea in a particular location, because of poor road access, traffic congestion, incompatibility with neighbors, historic sites, flooding, natural resources, and many other reasons, even if it is basically consistent with the LUPAG. The work that we do in making recommendations on rezonings and SMA permits calls for informed judgment and often a weighing of competing factors. CJY:pak Wpwin60 /Chris 07/Staff memo re LUPAG consistency Attachments cc: Office of the Corporation Counsel EXHIBIT 4 — Location Map PALA LN KAUMANA DR LIHALOA RD D Ptiainako-St Extension EXHIBIT 5 - Scale-drawn plot plan of the property showing property lines and measurements. -J 4d 3 3 ROOF LANES LESS POLL PORTION OF LOT 22A TMK(3)2 -5-4-O: IB ZONED:FA -2a MIE CIS A MARTHA ROOLLAS Jr rvZ2 ?) PROPOSED LOT 1 43,580 SO. FT. .000 ACRES OCCASONAL WATER COURSE 40 98 PORTION OF LOT 22A 4.747 ACRES PROPOSED LOT 2 183.218 SO. R. 3.747 ACRES 242 AN T1414(312- 5-40:19 / \ ZONED: A -3a / \ / P•O•OSED" MARC DESREE BUTZ < HOUSE \ .,N OCCASIONAL WATER COUR N 423.87 E 205.38 REF.Q, KAUMANA fro ■/, 7040(3)2 -5 -40:12 ZO4ED:CPEN STATE OF HAWAR CULVERT fib) / ROCK WALL b1 1 1 I I I I I I lJ MAP OF A PORTION OF LOT 22A, A PORTION OF LAND PATENT GRANT 4538 TO A. MACAULTON, SUSUMU SHIMIZU AND AKIO SHIMIZU, RIGHT OF PURCHASE LEASE 3, FIRST LAND DISTRICT, PONAHAWAI, SOUTH HILO, ISLAND OF HAWAII, HAWAII LOT 1 T1114(3)2- 5 -40: +3 ZONED: RS -1S CWNEB: LLOYD at KAREN RUB10 LEWD 'F4, UTIUTy POLE b GUY ANCHOR WATER METER BOUNDARY OF PROPOSED SUBDIVISION APPROXIMATE LOCATION CF OCCASIONAL W ATER COURS E ROARS S 100' 200' 300' FEET LOT 2 =IMAM (NOT TO SCALE) OWNER: MARC AND DESIREE BUTZ 55 AKALA ROAD HILO, HI 96720 ZONED: A -3o NOTES: 1. Ih• features n..n hereon .er. located by a nAd eurwy camply tad on 14 March 2011. 2. LOTS I AND 2 ARE PART OF A PROPOSED SUOOINSION. 3. Boundary dlmn.an• haw boa r.N..d to b. cons/taw-it .ith In. actu4 000,4 1., of this pwcS of land and o reR..d I.QW description hos been rIt1.0. Date:27June 2011 Drawing: JC1P9502.0., TMK: (3) 2 -5 -40:19 36 x 24 Thl..ark .ay pr.nored by mw or under my direct eupervl.lan Richard Sunda Licensed Prol.ulwA Land Surveyor License Number 12748 The In dep..nd.ut Hawaii Surv.yorw, IZE N.em. en anr 1,1 979-0.1S3 TIME LOCATION MAP KAUMANA CAVE PROJECT PUAIO STET EXTENSION GAIL, HAWAII Planning Dept. Exhibit 2 DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII 3 4 5 KEKUANAOA STREET, SUITE 20 • HILO. HAWAII 96720 TELEPHONE (808) 961 -8050 • FAX (808) 961 -8657 August 17, 2011 TO: Ms. BJ Leithead -Todd, Planning Director Planning Department FROM: Milton D. Pavao, Manager -Chief Engineer SUBJECT: CHANGE OF ZONE APPLICATION (REZ 11- 000141) APPLICANT — MARC J. AND DESIREE G. BUTZ TAX MAP KEY 2 -5- 040:019 We have reviewed the subject application and have the following comments and conditions. Please be informed that there is an existing service to the subject parcel from a high pressure system, which is inadequate to provide an additional service for your proposed 2 -lot subdivision. However, water can be made available from an existing 6 -inch waterline within Akala Road fronting the subject parcel for the proposed Lot 2. The proposed Lot 2 will be considered the one lot in the subdivision that our department will allow to receive water pressure below 40 pounds per square inch, as required per our Water System Standards. Any further development of proposed Lot 2 may require water system improvements in order to provide adequate pressure and volume for fire -flow in accordance with our Water System Standards. Pursuant to Rule 5 of the Department's Rules and Regulations, the Department requests that the applicant remit a water commitment deposit of $150.00 for the proposed additional lot as soon as possible so that a water commitment may be formally effected. The commitment will be in writing with specific dates and conditions stated. For 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. installation of a service lateral that will accommodate a 5/8 -inch meter to the additional lot, Planning Dept, b. installation of a fire hydrant within 300 feet of each lot, and Exhibit 3 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. Construction plans, prepared by a professional engineer registered in the State of Hawai`', above improvements must be submitted for review and approval. . NNED .3 .US 1 8 2011 073582 . . . W a t e r , Our M o s t Precious Resource .... ( a W a i J pane .. . The Deoartment of Water Supply is an Eaual Opportunity provider and empdnver Ms. BJ Leithead -Todd, Planning Director Page 2 August 17, 2011 2. Remit the prevailing facilities charge, which is subject to change of $5,500.00. This is due and payable upon completion of the necessary water system improvements and prior to final subdivision being granted. 3. Through copy of this letter, the applicant will be informed that the owner of proposed Lot 2 will be required to execute an Elevation Agreement with the Department as a portion of that lot is not within the Department's existing pressure zone. Execution of the Elevation Agreement is not required prior to final subdivision approval being granted. Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at 961 -8070, extension 256. Sincer- y yours, Milt `n ,►. Pavao, P.E. Mange -Chief Engineer RQ:dfg copy — Marc J. and Desiree G. Butz William P. Kenoi Mavor August 1, 2011 TO : BJ LEIT FROM : HEN SUBJECT: ARE County of Hawaii POLICE DEPARTMENT 349 Kapiolani Street • Hilo, Hawai`i 96720 -3998 (8081935-33H • Fax (808) 961 -8865 AD TODD, ANNING DIRECTOR TAVA' S,. ., ASSISTANT POLICE CHIEF ERATIONS Harry S. Kubojiri Police Chief Paul K. Ferreira Deputy Police Chief REZONING APPLI ION (REZ 11- 000141); APPLICANT: MARC AND DESIREE BUTZ; REQUEST: A -3A TO FA -1A TAX MAP KEY: 2 -5- 040 -019 Staff, upon reviewing the provided documents and visiting the proposed site, does not anticipate any significant impact to traffic and /or other public safety concerns. Thank you for allowing us the opportunity to comment. If you have any questions, please contact Captain Robert Wagner, S. Hilo Patrol Commander, at 961 -2214. RW:IIi "Hawai'i County is an Equal Opportunity Provider and Employer" Planning Dept. Exhibit 4 William P. Hanoi Mayor '. August 2, 2011 QCouutp of atuai`i HAWAI'I FIRE DEPARTMENT 25 Aupuni Street • Suite 2501 • Hilo, Hawaii 96720 (808) 932 -2900 • Fax (808) 932 -2928 TO: BJ LEITHEAD TODD, PLANNING DIRECTOR FROM: DARRYL OLIVEIRA, FIRE CHIEF SUBJECT: REZONING APPLICATION (REZ 11- 000141) APPLICANT: MARC AND DESIREE BUTZ REQUEST: A -3a to FA -la TAX MAP KEY: 2- 5- 040:019 Darryl J. Oliveira Fire Chief Glen P. I. Honda Deputy Fire Chief In regards to the above - mentioned change of zone application, we offer the following response: Fire apparatus access roads shall be in accordance with UFC Section 10.207: "Fire Apparatus Access Roads "Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. "(b) Where Required. Fire apparatus access roads shall be required for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire department vehicle access as measured by an unobstructed route around the exterior of the building. "EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of this section may be modified. "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 ept. Exhibit rlEa1 Hawai'i County is an Equal Opportunity Provider and Employer. BJ LEITHEAD TODD August 2, 2011 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. BJ LEITHEAD TODD August 2, 2011 Page 3 "(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief." (15 %) "(k) Obstruction. The required width of any fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. "(1) Signs. When required by the fire chief, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both." Fire Chief KT:lpc I -NEIL ABERCROMBIE GOVERNOR ryry hA3f' T 5 MEMORANDUM DATE: July 27, 2011 STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721 -0916 LORETTAJ. FUDDY, A.C.S.W., M.P.H. Director of Health TO: Bobby Jean Leithead Todd Planning Director, County of Hawaii FROM: Newton Inouye 0- Acting District Environmental Health Program Chief SUBJECT: Rezoning Application (REZ 11- 000141) Applicant: Marc and Desiree Butz Request: A-3a to FA-la Tax Map Key: 2 -5- 040:019 The use of individual wastewater systems is allowed. The type and number of individual wastewater systems to be used will be determined by the wastewater rules in effect at the time of building permit application. The Department of Health (DOH), Clean Water Branch (CWB), acknowledges receipt of the subject document on July 26, 2011. 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 Pollutant Discharge Elimination System (NPDES).f�+�a AUG 1 - 2011 Plartinin ��pt. rsv :073083 Exhibit BJ Leithead Todd July 27, 2011 Page 2 of 3 a. An application for an NPDES individual permit is to be submitted at least 180 days before the commencement of the respective activities. The NPDES application forms may also be picked up at our office or downloaded from our website at: h.ttp : / /www. hawai i. gov /healthlenv ironmental /water /cleanwater /forms /i ndi v- index.htiml. b. An NOI to be covered by an NPDES general permit is to be submitted at least 30 days before the commencement of the respective activity. A separate NOI is needed for coverage under each NPDES general permit. The NOI forms may be picked up at our office or downloaded from our website at: http: / /www.hawaii. gov /health/environmental /water /cleanwater /forms /genl - index.html. 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] s " BJ Leithead Todd July 27, 2011 Page 3 of 3 x. Discharges of storm water from a small municipal separate storm sewer system. [HAR, Chapter 11 -55, Appendix K] xi. Discharges of circulation water from decorative ponds or tanks. [HAR, Chapter 11 -55, Appendix L] 3. In accordance with HAR, Section 11- 55 -38, the applicant for an NPDES permit is required to either submit a copy of the new NOI or NPDES permit application to the State Department of Land and Natural Resources, State Historic Preservation Division (SHPD), or demonstrate to the satisfaction of the DOH that the project, activity, or site covered by the NOI or application has been or is being reviewed by SHPD. If applicable, please submit a copy of the request for review by SHPD or SHPD's determination letter for the project. 4. Any discharges related to project construction or operation activities, with or without a Section 401 WQC or NPDES permit coverage, shall comply with the applicable State Water Quality Standards as specified in HAR, Chapter 11 -54. Hawaii Revised Statutes, Subsection 342D -50(a) requires that "[n]o person, including any public body, shall discharge any water pollutants into state waters, or cause or allow any water pollutant to enter state waters except in compliance with this chapter, rules adopted pursuant to this chapter, or a permit or variance issued by the director." If you have any questions, please contact Mr. Alec Wong, Supervisor of the Engineering Section, CWB, at (808) 586 -4309. Lands formerly used for sugarcane production are now being developed into communities where residential homes, schools and commercial businesses are being constructed. Chemicals associated with the sugarcane industry persist in soil today and may be a threat to public health and the environment. Elevated arsenic levels were discovered in soil at former sugarcane production areas on the islands. The HEER Office has identified former sugarcane production areas for assessment throughout the state and plans to work with property owners to conduct environmental assessments to identify and address elevated soil arsenic levels prior to finalizing development plans for the properties. We recommend that you review all of the Standard Comments on our website: http: // hawaii .gov /health/environmental/ env - planning /landuse /landuse.html. Any comments specifically applicable to this project should be adhered to. The same website also features a Healthy Community Design Smart Growth Checklist (Checklist) created by Built Environment Working Group (BEWG) of the Hawaii State Department of Health. The BEWG recommends that state and county planning 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 11- 000141.my NEIL ABERCROMBIE GOVERNOR OF HAWAII TO: FROM: SUBJECT: LOCATION: APPLICANT: STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOU RCES LAND DIVISION POST OFFICE BOX 621 HONOLULU, HAWAII 96809 August 4, 2011 MEMORANDUM DLNR Agencies: Div. of Aquatic Resources ,Div. of Boating & Ocean Recreation X Engineering Division X Div. of Forestry & Wildlife _Div. of State Parks X Commission on Water Resource Management Office of Conservation & Coastal Lands X Land Division — Hawaii District _Historic Preservation WILLIAM J. AILA, JR. CHAIRPERSON BOARD OF AND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT tssell Y. Tsuji, Land Administrator-Z_ Request to rezone 4.747 acre parcel from agriculture to family- agriculture Ponahawai, S. Hilo; TMK: (3) 2- 5- 040:019 County of Hawaii Planning Department on behalf of Marc & Desiree Butz Transmitted for your review and comment on the above referenced document. We would appreciate your comments on this document. Please submit any comments by August 17, 2011. If no response is received by this date, we will assume your agency has no comments. If you have any questions about this request, please contact Darlene Nakamura at 587 -0417. Thank you. Attachments ( ) We have no objections. ( ) We have no comments. (✓) Com ents are attached. Signed: Date: cc: Central Files Fti Planning Dept. Exhibit 17 DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LD/RusselTsuji Ref.:ChangeZoneAgriculture 2FamilyAgr Hawaii.521 COMMENTS () We confirm that the project site, according to the Flood Insurance Rate Map (FIRM), is located in Flood Zone . () Please note that the project site, according to the Flood Insurance Rate Map (FIRM), is located in Flood Zone (X) Please note that the correct Flood Zone Designations for the project site, according to the Flood Insurance Rate Map Panel Number 1551660859D dated April 02, 2004 (Copy attached), are Zones X, and A. The National Flood Insurance Program does not regulate developments within Zone X. However, the National Flood Insurance Program does regulate developments within Zone A as indicated in bold letters below. ( X) Please note that the project must comply with the rules and regulations of the National Flood Insurance Program (NFIP) presented in Title 44 of the Code of Federal Regulations (44CFR), whenever development within a Special Flood Hazard Area is undertaken. If there are any questions, please contact the State NFIP Coordinator, Ms. Carol Tyau -Beam, of the Department of Land and Natural Resources, Engineering Division at (808) 587 -0267. Please be advised that 44CFR indicates the minimum standards set forth by the NFIP. Your Community's local flood ordinance may prove to be more restrictive and thus take precedence over the minimum NFIP standards. If there are questions regarding the local flood ordinances, please contact the applicable County NFIP Coordinators below: () Mr. Robert Sumitomo at (808) 768 -8097 or Mr. Mario Siu Li at (808) 768 -8098 of the City and County of Honolulu, Department of Planning and Permitting. (X) Mr. Carter Romero at (808) 961 -8943 of the County of Hawaii, Department of Public Works. () Mr. Francis Cerizo at (808) 270 -7771 of the County of Maui, Department of Planning. () Ms. Wynne Ushigome at (808) 241 -4890 of the County of Kauai, Department of Public Works. () The applicant should include project water demands and infrastructure required to meet water demands. Please note that the implementation of any State - sponsored projects requiring water service from the Honolulu Board of Water Supply system must first obtain water allocation credits from the Engineering Division before it can receive a building permit and /or water meter. () The applicant should provide the water demands and calculations to the Engineering Division so it can be included in the State Water Projects Plan Update. () Additional Comments: () Other: Should you have any questions, please call Ms. Suzie S. Agraan of the Planning Branch at 587 -0258. Signed: b////f/ Date: v/ / 1 1 / CHIEF ENGINEER NEIL ABERCROMBIE GOVERNOR STATE OF HAWAII DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813 -5097 August 31, 2011 Ms. BJ Leithead Todd, Director County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 -4224 Dear Ms. Leithead -Todd: Subject: Rezoning Application (REZ 11- 000141) Applicant: Marc and Desiree Butz Request: A -3a to FA -la Tax Map Key: (3) 2 -5 -040: 019 GLENN M. OKIMOTO DIRECTOR Deputy Directors JADE T. BUTAY FORD N. FUCHIGAMI RANDY GRUNE JADINE URASAKI IN REPLY REFER TO: HWY -PS 2.9445 Thank you for consulting us regarding the subject rezoning application. We have the following comments: 1. The change of zone application from Agricultural 3 -acre to Family - Agricultural 1 -acre and to subdivide the 4.747 acre property into two agricultural /residential lots (with access to Akala Road, a county road) will not adversely impact our nearby State highway facility. 2. We have observed a trend in this "spot" type of zoning and land use changes and re- subdivision of agricultural lots into smaller lots in various areas in the county, where the cumulative traffic impacts of these subdivided lots at build -out phase will adversely impact our nearby State highway facilities. We suggest that the County: a. Review and monitor closely the increase of development of agricultural lands and further subdivision of these lots into residential use. b. Consider imposing a condition requiring developers /property owners for land use approvals to participate in cost sharing arrangements regarding necessary roadway mitigation measures on our State highway facilities. - �. Planning Dept. Exhibit 8 Ms. BJ Leithead -Todd HWY -PS Page 2 2.9445 August 31, 2011 If you have any questions, please contact Ken Tatsuguchi, Head Planning Engineer, Highways Division, Planning Branch at (808) 587 -1830. Very truly yours, M. OKIMOTO, Ph.D. ctor of Transportation tOPilizant,e trArtititzi4 i ��''�� &tate 006)) 9s6 -1121 Meat & 1342 ,E laaceca ,{uenae • fi'los cu¢u 9020 • -,727‘z, 000 ,90-76'42 August 26, 2011 Ms. Bobby Jean Leithead -Todd Planning Director County of Hawaii 101 Aupuni Street Hilo HI 96720 Re: Change of Zone Request TMK: 3/2- 5 -40 -19 A3a to FA-la Dear Ms.Leithead -Todd: I am writing to lend my support to the above referenced application for the rezoning of the property to allow for the creation of a future home site and the existing parcel to be used as a rental unit. Bobby Jean, people are becoming environmentally conscious and many are trying to become self - sufficient with backyard farming to help offset the high cost of food. This rezoning will help this family with their efforts. I strongly support this rezoning and hope that you will give them your every consideration. cc: Mr & Mrs Butz William V. Brilhante Planning Dept. Exhibit q SCANNED [By:073817 BButzREZ.doc 9/20/11 COUNTY OF HAWAI'I PLANNING DEPARTMENT RECOMMENDATION MARC AND DESIREE BUTZ CHANGE OF ZONE APPLICATION (REZ 11 -141) 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 from Agricultural 3 -acre (A -3a) to Family Agricultural 1 -acre (FA -la) for approximately 4.747 acres be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and /or alter this position. This favorable recommendation is based on the following findings: The applicants are requesting to change the zoning district from Agricultural — 3 acres (A -3 a) to Family Agricultural —1 acre (FA-1a) for 4.747 acres of land in order to subdivide the property into two parcels consisting of a 1 -acre lot and a 3.747 -acre lot. With FA -1 a zoning the 4.747 -acre property could be subdivided to create up to 4 lots. The applicants are requesting FA-la zoning rather than FA -2a zoning in order to create one lot with a minimum size of one acre. They intend to create only two lots through subdivision of the property in order to maximize the use of the land, with the portion north of the flood zone being a 1 -acre lot containing the existing 2- bedroom dwelling and the portion south of the flood zone being a 3.747 -acre lot where a new dwelling will be constructed. The applicants intend to utilize the area of the property with the best soils for farming by constructing a new home on the larger lot and renting the existing home on the one -acre lot. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The change of zone request from an Agricultural — 3 acre (A -3a) to a Family Agricultural (FA -la) zoning district conforms to applicable goals, policies and standards of the General Plan. The FA zoning district is intended for lands within the State Land Use Agricultural District, where public services and infrastructure are appropriate to support the very low density residential needs of a rural community and where a substantial number of parcels are less than five acres in size, and where a mix of uses will not conflict with or be detrimental to existing agricultural uses in the surrounding area. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non -urban form for areas within the County. The proposed request conforms to the LUPAG Map, which designates the property as Important Agricultural Land. Important agricultural lands are those lands with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors. The Land Study Bureau's Detailed Land Classification System identifies soils on the northern portion of the property as "C" or "Fair" and the southern portion as "D" or "Poor" for agricultural productivity. The middle portion of the property (this is the area not covered by pahoehoe lava from the 1881 flow) is classified as Prime Agricultural Land by the ALISH System. A major concern in allowing a rezoning of agricultural land that creates smaller lot sizes is that this will reduce the potential use of the land for commercial agriculture by fragmenting the land into areas too small to be farmed on a commercial scale. While a few crops can be intensively cultivated on very small acreage, usually these crops have a very limited market. Reducing the size of the lots can reduce the range of potential agricultural uses and the range of market opportunities for those crops. In this particular situation, the applicants are requesting the change in zoning in order to subdivide the property into two lots with the intention of constructing a new dwelling on the larger lot, which contains the best soils for agricultural productivity, so that they can actively farm -2- the property. Both of the newly created lots will still have the potential to be used for farming or agricultural purposes. All essential utilities and services are available to the property. Access to the property is from Akala Road, which is a County owned and maintained roadway that has approximately 18 feet of pavement within a 30 -foot right -of -way. The City of Hilo Zone Map identifies Akala Road as a proposed 60 -foot right -of -way, with a future 15 -foot road widening setback on both sides of Akala Road. A condition of approval will be added requiring the applicants to set aside a 15 -foot future road widening setback along the properties frontage along Akala Road. County water can be made available for the request. According to the Department of Water Supply, the area mauka of Akala Road, including the subject property, is serviced from a high pressure system that is inadequate to provide additional service for the proposed subdivision. However, county water can be made available for the proposed subdivision from an existing 6 -inch waterline within Akala Road fronting the subject property. A condition of approval will require that the applicants install a service lateral to accommodate a 5/8 -inch meter for the additional lot, install fire hydrants within 300 feet of each lot, and execute an Elevation Agreement with the Department of Water Supply since the subject property sits at a higher elevation that the existing waterline within Akala Road. Wastewater will be disposed of by individual wastewater systems meeting the requirements of the Department of Health. All other essential utilities or services are available to the property. There is no severe geological or topographical problem for the property that cannot be properly rectified or which would render the land unusable. The majority of the property is located in Zone "X ", an area determined by FEMA to be located outside of the 500 -year floodplain. However, an unnamed tributary of the Alenaio Stream runs through the middle of the property from west to east. This tributary is designated as Zone "AE" by FEMA, which is a Special Flood Hazard Area subject to inundation by the 100 - year flood with base flood elevations ranging between 890 feet to 930 feet. The applicants will be required to comply with Chapter 27, Floodplain Management, of the Hawai`i County Code for any construction within the floodway or floodway fringe. -3- Should this request be approved, the applicants may apply for a Second Farm Dwelling, allowing for the construction of a second dwelling unit on each lot. The potential to allow additional dwellings may contribute to the cumulative burden on the existing infrastructure. As such, a condition is included to prohibit a second dwelling unit and a Condominium Property Regime (CPR) on each lot. The condition will require that restrictive covenants be included in the deeds of all the proposed lots for the subdivision prohibiting second dwelling units to preserve the residential/agricultural ambience of the area. Typically the County Council requires that applicants provide a fair share contribution to mitigate the potential regional impacts of their development on public facilities and services such as roads and parks. For Family Agricultural (FA) zoning, the County Council has historically required this contribution for lot sizes of one acre or less, for example a fair share contribution would not be required for FA -2a zoning but would be required for FA -la zoning. Thus, a condition of approval will be added to require a fair share contribution for the additional lot being proposed by the applicant's future subdivision of the property. Based on the above findings, approval of the Change of Zone request from an Agricultural 3 -acre (A -3a) to Family Agricultural 1 -acre (FA -la) zoned district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. The accompanying draft bill to amend Section 25 -8 -33 (City of Hilo Zone Map) is provided for your favorable consideration. Please note the proposed conditions of approval are attached to the draft bill. COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO. (Piam `1 ∎ 1 ) AN ORDINANCE AMENDING SECTION 25 -8 -33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - THREE ACRES (A -3a) TO FAMILY AGRICULTURAL — ONE ACRE (FA -la) AT PONAHAWAI, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2 -5- 040:019. 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 Ponahawai, South Hilo, Hawai`i, shall be Family Agricultural — One Acre (FA -la): Beginning at a spike found at the southern most corner of this parcel of land, also being the southeast corner of Lot B -2 -B, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAUMANA" being 423.87 feet North and 205.36 feet East and thence running by azimuths measured clockwise from true South: 1. 180° 23' 29" 685.63 feet along Lot B -2 -B and Lot B -2 -A to a pipe set on Lot B -2 -A boundary also being the south side of 30 foot wide Akala Road, said point is not at a comer of Lot B -2 -A; 2. 292° 20' 00" 487.19 feet along the south side of 30 foot wide Akala Road to a pipe set; 3. 323° 48' 00" 156.46 feet along same to a spike found at the northern most corner of Lot 1; 4. 55° 39' 27" 663.37 feet along Lot 1 and State of Hawai`i land, to the point of beginning and containing an area of 4.747 Acres more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25 -2 -44, Hawai`i County Code 1983 (2005 Edition), the County Council finds the following conditions are: Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (1) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII -2- A -3a A -3a A -3a AGRICULTURAL - THREE ACRES (A-3a) TO FAMILY AGRICULTURAL - ONE ACRE (FA -1A) TOTAL AREA 4.747 ACRES A -3a A -5a A -3a A -3a A -3a FA -2a 423.&7 N 205.36'E "KAU'MANA" Q A -la A -la A -la A -la A -la A -la A -la 1 0 250 500 Feet 1,000 1,500 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25 -8 -33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL THREE ACRES (A -3a) TO FAMILY AGRICULTURAL - ONE ACRE (FA -1a), AT PONAHAWAI, SOUTH HILO, HAWAII TMK: (3) 2 -5- 040:019 EXHIBIT "A" MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT DATE: JUL 19, 2011 Marc J & Desiree G Butz AAnn 1r]1A CButzREZ.doc 9/21/11 MARC AND DESIREE BUTZ CHANGE OF ZONE APPLICATION (REZ 11 -141) CONDITIONS OF APPROVAL A. The applicants, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicants, successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawai`i Revised Statutes, relating to permissible uses within the State Land Use Agricultural District. C. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within one hundred and eighty (180) days from the effective date of this ordinance. The applicant shall construct necessary water system improvements (including but not limited to installation of a service lateral to accommodate a 5/8- inch meter for the proposed additional lot and fire hydrants within 300 feet of each lot) and remit the prevailing facilities charge, as determined by the Department of Water Supply and convey these improvements to the County Water Board prior to Final Subdivision Approval. The applicants, successors or assigns shall execute an Elevation Agreement with the Department of Water Supply prior to water service being provided to the proposed lot. D. Final Subdivision Approval for development shall be secured within five (5) years from the effective date of this ordinance. As represented by the applicants, the subject property shall be subdivided to create no more than two lots. Restrictive covenants in the deeds of all proposed lots shall give notice that the terms of the zoning ordinance shall prohibit further subdivision of the subdivided lots. This restriction may be removed by amendment of this ordinance by the County Council. E. Restrictive covenants in the deeds of all proposed lots shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction may be removed 1 by amendment of this ordinance by the County Council. The owner of the property may also, in addition, impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. F. To provide for future road widening improvements, a fifteen (15) -foot wide road widening setback along the subject property's Akala Road frontage shall be delineated on subdivision plans. The future road widening setback shall be dedicated to the County of Hawaii prior to Final Subdivision Approval. G. All new driveway connections to Akala Road shall conform to Chapter 22, County Streets, of the Hawai`i County Code. H. Any new construction or substantial improvements shall comply with the requirements of Chapter 27, Floodplain Management, of the Hawaii County Code. The method of sewage disposal shall meet with the requirements of the State Department of Health. J. All development - generated runoff shall be disposed of on -site and shall not be directed toward any adjacent properties. If required, a drainage study shall be prepared and submitted to the Department of Public Works and any required drainage improvements shall be constructed, meeting the approval of the Department of Public Works prior to Final Subdivision Approval. K. All earthwork activity, including grubbing and grading, shall conform to Chapter 10, Erosion and Sedimentation Control of the Hawai`i County Code. L. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources — State Historic Preservation Division (DLNR -SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR -SHPD when it finds that sufficient mitigation measures have been taken. 2 M. The applicants, successors or assigns shall make their fair share contribution to mitigate the potential regional impacts of the proposed subdivision with respect to parks and recreation, fire, police, solid waste disposal facilities and roads for the one additional lot to be created. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval. The fair share contribution for the lot shall be based on the actual number of residential units developed. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a combined value of $12,316.47 per single family residential unit. The total amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per single family residential unit shall be allocated as follows: • $5,939.22 per single family residential unit to the County to support park and recreational improvements and facilities; • $286.51 per single family residential unit to the County to support police facilities; • $565.89 per single family residential unit to the County to support fire facilities; • $247.75 per single family residential unit to the County to support solid waste facilities; and • $5,277.10 per single family residential unit to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicants, successors or assigns may contribute land and /or construct improvements /facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed subdivision, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and 3 approval of the County Council. N. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. O. The applicants, successors or assigns shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. P. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non - performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). 5. If the applicants 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. 4 PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT OCTOBER 6, 2011 A regularly advertised hearing on the application of MARC AND DESIREE BUTZ (REZ 11 -141) was called to order at 10:05 a.m. in the County of Hawai`i, Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai`i, with Chairman Zendo Kern presiding. COMMISSIONERS PRESENT: Zendo Kern, Dean Au, Wallace Ishibashi, Stephen Ono and Raylene Moses STAFF PRESENT: Julie Mecklenburg (Deputy Corporation Counsel), B. J. Leithead Todd (Planning Director), Daryn Arai (Planning Program Manager), Phyllis Fujimoto (Staff Planner), and Jeff Darrow (Staff Planner). And 7 people from the public in attendance ABSENT & EXCUSED: Takashi Domingo APPLICANTS: MARC AND DESIREE BUTZ (REZ 11 -141) Application for a Change of Zone from an Agricultural 3 -acre (A -3a) to a Family Agricultural 1 -acre (FA -1a) zoning district for approximately 4.747 acres of land. The property is located along the southwest (mauka) side of `Akala Road, approximately 70 feet from the `Akala Road — Kaumana Drive intersection and in the vicinity of Kaumana Cave, Ponahawai, South Hilo, Hawai`i, TMK: 2- 5- 40:19. KERN: Moving on to our new business, after 10 o'clock, Item No. 6 on our agenda, Marc and Desiree Butz, application for a Change of Zone from an Agricultural 3 -acre to a Family Agricultural 1 -acre. And with that, Daryn, can you do the presentation. ARAI: Thank you, Mr. Chairman. KERN: Thank you. ARAI: If I may direct your attention to the presentation screen, the location map here is identifying an area in Kai-imam. This bright line here running left to right is the Puainako Street extension. Heading to your left is mauka. And, again, this smaller thin white line is Kaumana Drive, again, heading mauka to your left. This dark green patch here as a point of reference is Kaumana Cave. The project site is outlined here in black. It is located on the southwestern side of Akala Street, which intersects with Kaumana Drive and then heads north. The project site is approximately 4 3/ acres in size. Looking closer, again, you see some of the surrounding land uses. The Ag 3 -acre designation, which is the current zoning of the subject property, is indicated here in blue. Across the street of Akala Road is a Family Agricultural 2 -acre zoning that was approved by the County Council in 2007 and was subsequently subdivided into a 2 -acre, two lot subdivision. Along Kaumana Drive you have other types of zoning in the immediate area including Single Family Residential indicated by this mustard color, additional Single Family Residential uses to your left, as well as Agricultural 1 -acre zoning along the Puna side of Kaumana Drive. This is the General Plan Land Use Allocation Guide Map. It indicates the subject property is designated as Important Agricultural Land, indicated by this light green color, Kaumana Cave is identified as Open in the 1 General Plan, and Low Density Urban indicated by this yellow color, which is predominantly along the Puna side of Kaumana Drive. This is an overlay of the tax map over a satellite photo. It does show existing uses in the area. Again, Kaumana Drive is located in this vicinity here. Access is, to the subject property is from Akala Street, with the property being approximately 70 feet from its intersection with Kaumana Drive, and this property being a triangular - shaped property. There is a drainage way that runs through the property in this general location here. And as you may know there is an existing single - family dwelling located in the northern extreme portion of the project site. The applicants are requesting a change of zone from the current Agricultural 3 -acre zoning designation to Family Agricultural 1 -acre for this approximately 4 3% -acre parcel of land. The purpose of this rezoning is to allow the subdivision of the property into two parcels consisting of a 1 -acre lot and a 3 3/ -acre lot. The applicants intend to utilize the area of the property where the best soils are situated for farming as well as the construction of a new home, with the smaller lot accommodating the existing single - family dwelling. This is a site plan of the property. Kaumana Drive is located roughly on the bottom side of this image; and Akala Street located to the right. As you may note the site plan shows the drainage way bisecting the subject property. The proposed two -lot subdivision would include a 1 -acre lot that encumbers an existing single family dwelling, as well as a portion of the drainage way. And the larger 3 3% -acre lot would then encumber the remainder of the property where you have the greatest amount of land area outside of the floodway to accommodate the proposed new single family dwelling that they are envisioning, as well as a potential farming operation. Akala Street, again, is located on the right side of the image adjacent to the property. Akala Street itself is a 30- foot wide right -of -way with approximately 18 -foot wide pavement. The Planning Director is recommending a favorable consideration of this change of zone request with conditions of approval. At this point I stand ready to answer any questions that you may have. KERN: Thank you, Daryn. Are there any questions for staff? Commissioner Ono? ONO: Yes. Clarify for me, please. If this request goes through as a 1 -acre agricultural program, does that permit the owner to, in the future, to just look at the remaining 3. whatever size acres and subdivide that to 1- acre parcels? ARAI: Thank you, Commissioner Ono. As part of the conditions of approval for this particular application, we are recommending that, through Condition D within the recommendation report, the goldenrod, that would commit the applicants to create no more than two lots as they have represented. And we will also then ask that restrictive covenants in the deeds of the proposed lots include this same restriction. So, if the land is sold in the future, future owners are also aware of the inability to further subdivide the property into additional lots. If they do wish to pursue further subdivision in the future of the larger 3 % -acre lot, they would have to come back before you and the County Council to amend this condition and remove the restriction; and if successful they could then further subdivide. KERN: Thank you. Madam Director? LEITHEAD TODD: I might point you to the Department's Exhibit 2 which shows Kaumana Cave. And towards the corner of lot you will see that the cave gets very close to the property. That alone will create any difficulties in the future for further subdivision of the lot. And that's because anything that occurs in that area you are going to end up with comments from the State on their concerns and perhaps having a buffer. You know, there are homes that are built practically on top of Kaumana Cave. But future improvements along 2 Kaumana Cave, on the State land, they've been looking at like a 100 -foot buffer. And that's because now we know that Kaumana Cave is home to insects like the blind cave spider. And so anything that they'd to towards that edge of their lot that was close to Kaumana Cave would come under question, and there would be concerns over anything in that area. And it's not in our recommendations because Kaumana Cave is not on their property; but the close proximity of Kaumana Cave would create problems in the future. And so the fact that their house is on the other side of that intermittent water course puts their proposal for their driveway and their house fairly far away from Kaumana Cave. So we don't have those concerns. But if they were doing something closer to Kaumana Cave, then it would be a concern. KERN: Thank you for that insight. Any other questions for staff? Seeing none, thank you, Daryn. Can I get the applicant or their representative to come forward? Raise your right hand and I'll swear you in. Do you swear to tell the truth today before the Windward Planning Commission? BUTZ: I do. KERN: Okay, and before you begin, if you want to add anything, just give me your name and address; and, yeah, use the microphone, please. BUTZ: My name is Mark Butz. My address is 55 Akala Road. And I wanted to address, and I'm not sure if it's possible to bring up another example but, on what was on there before -. KERN: Sure. Which one, what would you like to bring up, prior? BUTZ: Perhaps, perhaps, the issue of why we're going with an FA -1 a as opposed to an FA -2a, which would be, to be honest, actually I think there would be less conditions, is simply that we wish to save as much agricultural land as possible. And the current way it's drawn is, again, it's hard. But the northern portion -. KERN: I'll have that brought up for you. BUTZ: Sure. KERN: Just one second. Daryn, would you be so kind to bring the slide back, no problem. Do you want the one with the color on it? BUTZ: Yeah. KERN: Yeah, could you bring it back to the LUPAG Map style one. BUTZ: I'm not sure if you have the map - . KERN: That one? BUTZ: It shows, it shows the actual, I had it from the documents you guys had. But in any case my point is that the area that we're separating as 1 acre is nothing but a lava flow. There's no agricultural value to that land whatsoever. So we've drawn the lines essentially following that area and following the culvert there, that's the drainage area that's there. And what that does, that remains and keeps intact all the other good land that's in the middle, as you can, again, see from the document. But there is essentially land just in the middle of the property that kind of goes right down the middle and ends at A-kala Road that is valuable. Our intention is to save that, keep it intact. So either we or someone in the future can use it, and then we can also build a home. So I just wanted to clarify why we're going with the 1 acre. It's not our intent to divide the property up into four lots in the future. We just simply wanted to create a separate lot but while also maintaining, yeah. 3 KERN: Sounds reasonable. Before I ask if anybody has any questions, have you gotten the recommendation and conditions? BUTZ: Yes. KERN: And you are agreeable? BUTZ: Correct. KERN: Great, thank you. Anything else you'd like to add to that? BUTZ: I don't think so. KERN: Are there any questions for the applicant? Seeing none, thanks for that clarification. BUTZ: Sure. KERN: That does help to make sense on why you did that. BUTZ: Thank you very much. One other thing, I have had an opportunity to speak with our neighbors. It is something of a tight -knit community there. And I've spoken to probably a half a dozen people and everybody seems very, you know, approving and then actually encouraging as far as our situation. So thank you. KERN: Okay, thank you. Have a seat. There is nobody signed up from the public to testify on this application. So with that being said, I'm willing to entertain a motion. Commissioner Au? AU: I move to send a favorable recommendation for Applicants Mark and Desiree Butz, Change of Zone 11 -141. KERN: With conditions? AU: With conditions. KERN: Okay, thank you. Is there a second for that? MOSES: Second. KERN: Discussion? Any discussion? Seeing none -. Well, I think it makes sense how the applicants broke it down and why they're doing the 1 acre there. So I can agree with that myself. That being said, let's take the roll. Daryn? ARAI: Commissioner Au? AU: Aye. ARAI: Commissioner Moses? MOSES: Aye. Arai: Commissioner Ishibashi? 4 ISHIBASHI: Aye. ARAI: Commissioner Ono? ONO: Aye. ARAI: Mr. Chairman? KERN: Aye. ARAI: Mr. Chairman, motion for a favorable recommendation carried with five aye votes. BUTZ: Thank you. KERN: You'll be notified in writing. Thank you. The discussion ended at 10:21 a.m. Respectfully submitted, Y\f Sharon M. Nomura, Secretary Windward Planning Commission 5 ZA2I) 3NOZ JO 39■VHJ zjna 11111ISAU acv DRYW los PUHILI ST III MIN p _� NIP mow Nam mai la _IN gam --- Aerial Photo with :Tax Map Key Map Overlay 4,----401.0......imi...„. ir 0 3 1 i J11 , , , i., - ,:,--,. : , , dit 3 i i `1 ,• .. Image ( >) 2011 DigitalGlobe 452010Goo e ('D 2011 Google CVVVVVJ *' 2000 19 "4118 79" N 155 "07'48 95" W elev 903 it Eye at 3005 !t a.zDp -auo auk uo au.iou Oupsixa auk 2upua.z P'-' oj .za.zPj auk uo auiou Mau P OutP11.14suoD Aq OuiLU.zPj .zoo silos lsaq auk umm. Aliado.zd auk jo pa.lP auk azijiln pu1u sluPpilddp auZ •�oI a.zDP- LHA P pug X01 aiDP-t P jo 0u9sisuoD slaDiPd 0M4 mui r(vado.zd auk Jo uoisinipgns auk mop 04 ST stu,L pu1E?j jo sa.zDP GtG+ .zoo (pt -d.3) a.zDP t - I4I!V AjiuiPA 04 (1?-v) sa.zDP - Luo.z3 auoz auk a2uPtp � :2ulalsanbaz an slupplTddP auk, Applicant's Site Plan MAP OF A PORTION OF LOT 22A, A PORPON OF LAND PATENT GRANT 4538 TO A. MACAULTON, SUSUMU SHIMIZU AND AKIO SHIMIZU. RIGHT OF PURCHASE LEASE 3, FIRST LANO DISTRICT. P0NAHAWAI. SOUTH HILO. ISLAND OF HAWAII, HAWAII • ou ay SW Sur A•.,a *Ares 10.0/4 a IJW LOT 2 n•:"{.2) .2 x (se/ m SCALE) OWNER: MAR[ AN0 OMREE dun SS AKNA RICO LO, HI 96-020 200E0. A -)o I ale 10040001 10 0 24 PLANNING DIRECTOR'S RECOMMENDATION Favorable Recommendation With Conditions