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HomeMy WebLinkAboutCOM 0450.000 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 Honorable Dominic Yagong, Chairman and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yagong and Members: 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 William T. Takaba Managing Director Wally Lau Deputy Managing Director S£OIWY tiZ130110Z 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 Hawaii County is an Equal Opportunity Provider and Employer Comm. No. 450 Ref. To: J �C Ref. Date OCT 31 ZO%% County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961 -8288 • Fax (808) 961 -8742 'OCT ? e sir 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: 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 The Windward Planning Commission, after a duly held public hearing on October 6, 2011, voted to recommend for your approval the proposed legislative bill to change the State Land Use district from the Agricultural to the Urban District for approximately 4.947 acres of land. The properties are located on the northwest side of Akaka Falls Road, approximately 700 feet southwest of the Old Mamalahoa Highway and Akaka Falls Road intersection, Honomu, South Hilo, Hawai`i. The Commission concurs with the following findings as recommended by the Planning Director: The approval of the reclassification from the State Land Use Agricultural to the Urban District will not be violative of Section 205 -2, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules and the County General Plan. According to the Land Use Commission Rules, one of the standards for considering an area for urban reclassification states that "In determining urban growth for the next ten years, or in amending the boundary, land contiguous with existing urban areas shall be given more consideration than non - contiguous land, and particularly when indicated for future urban use on state or county general plans." The project area conforms to this standard as it is situated adjacent to existing urban - designated lands to Hawai `i County is an Equal Opportunity Provider and Employer The Honorable Dominic Yagong, Chairman and Members of the County Council Page 2 the east, west and north, is currently zoned Single - Family Residential (RS -7.5) under the County zoning, and is designated as future urban growth (Low Density Urban) on the County's LUPAG map in the General Plan. The applicant's request is to designate 4.947 acres into the Urban District reflects the infilling of Agricultural -lands within this section of Honomu already surrounded by Urban - designated lands. Additionally, this section of land was previously designated Urban in the early 70's but a request by Pepeekeo Sugar Company was approved to change from Urban to Agricultural to allow for sugar cane cultivation. The applicant is requesting to revert the State Land Use designation for the subject properties back to its original Urban classification. The Urban District request would be consistent with the goals and polices of the Land Use and Housing elements of the General Plan. The Urban District request would be consistent with the goals, polices and standards of the Land Use - Single Family Residential and the Housing Elements of the Hawai`i County General Plan by creating home ownership or rental opportunities and by increasing the housing supply for residents of Honomu in the South Hilo district. The LUPAG Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the various land uses. The LUPAG Map establishes the basic urban and non -urban form for areas within the County. The Urban District request conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map, which designates this area as Low Density Urban. Thus, the area under consideration is consistent with the urban form established for this section of South Hilo as depicted on the LUPAG Map. The urban classification also conforms to the standard that the development is within reasonable proximity to centers of trading and employment and to basic services such as schools, police and fire protection, transportation systems and water. Access to the lots is from Akaka Falls Road, which is a State owned and maintained roadway with an approximate 24 -foot wide pavement road with paved shoulders all within an approximately 35 -foot right -of -way. County water can be made available to the site with improvements, although extensive improvements will be required due to the location of the water main 870 feet away. When the applicant submits the subdivision application, the requirements of the Subdivision Code will be applied that demands the requirements of the Department of Water Supply be satisfied. While a variance from these requirements could be applied for, approval is at the discretion of the Planning Director. Police and fire protective services are available within Hilo. All other essential utilities can be made available to the property. The Honorable Dominic Yagong, Chairman and Members of the County Council Page 3 The project site is located in an urban -like setting adequately served by transportation, utilities, commercial establishments and other amenities. The reclassification will allow the property to be used for the development of an 8 -lot single - family residential subdivision. The reclassification action would conform to the following goals, objectives and /or policies of the housing element articulated in the Hawaii State Plan: The request would be consistent with the following goals, objectives and/or policies articulated in the Hawai`i State Plan as it will provide greater opportunities for Hawai`i's people to purchase or rent an affordable home in an area in which housing has become scarce and costly. • The orderly development of residential areas sensitive to community needs and other land uses. • Effectively accommodate the housing needs of Hawai`i's people. • Increase homeownership and rental opportunities and choices in terms of quality, location, cost, densities, style and size of housing. • Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. Thus, the proposed project is consistent with the policies outlined in the Hawai`i State Plan. The property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U.S. Federal Emergency Management Agency designates the property as Zone "X ", areas outside of the 500 -year flood plain. Any improvements to the property must comply with Chapter 27 of the County Code relating to Flood Hazard Control. Thus, the reclassification meets the standard which states that the lands included within the urban district "... shall be those with satisfactory topography and drainage and reasonably free from the danger of floods, tsunami and unstable soil conditions and other adverse environmental effects." Based on the above, the approval of the reclassification from the State Land Use Agricultural to the Urban District will not be violative of Section 205 -2, Hawai`i Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules and the County General Plan. The Honorable Dominic Yagong, Chairman and Members of the County Council Page 4 For your favorable consideration, an amendment to the SLU Boundaries Maps is transmitted. We are enclosing a copy of the staff background, Planning Director's Recommendation, and the Powerpoint presentation for your information. Sincerely, Zendo Kern, Chairman Windward Planning Commission Lpeterchristopherslu 11 -000031 #2 Enclosures cc: Mr. Peter Christopher Department of Water Supply Department of Public Works DOT - Highways,Honolulu State Land Use Commission Amy Self, Esq. BChristopher - SLU- 11- 30.jwd 09 -01 -11 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT PETER CHRISTOPHER STATE LAND USE BOUNDARY AMENDMENT (SLU 11- 000030) PETER CHRISTOPHER has submitted an application for a State Land Use Boundary Amendment from Agricultural to Urban for approximately 4.947 acres of land. The properties are located on the northwest side of Akaka Falls Road, approximately 700 feet southwest of the Old Mamalahoa Highway and Akaka Falls Road intersection, Honomu, South Hilo, Hawai`i, TMKs: 2 -8- 013:063 & 064. APPLICANT'S REQUEST 1. Proposed Development: The applicant is requesting a State Land Use Boundary Amendment from Agricultural to Urban for approximately 4.947 acres of land, which consists of two (2) parcels. (Planning Department Exhibit 1 — State Land Use Boundary Amendment Application) 2. Reasons for the Request: The applicant intends to subdivide the property into eight (8) lots. The applicant plans to retain the two (2) larger lots and build a home for his family. The applicant will sell most or all of the remaining smaller lots to help pay for the infrastructure and related costs of the proposed subdivision. 3. Landowner: The applicant is the landowner of the property. BACKGROUND INFORMATION 4. LUC Docket No. A72 -340 (LUC 230): On January 19, 1973, the Land Use Commission approved a petition from the Pepeekeo Sugar Company to reclassify the subject properties (and others) from the State Land Use Urban district to the State Land Use Agricultural district. (Refer to the Applicant's Exhibits E and F) STATE AND COUNTY PLANS 5. State Land Use Designation: Agricultural. 6. GP LUPAG Map: Low Density Urban. 7. County Zoning: Single - Family Residential (RS -7.5) 8. Special Management Area (SMA): The Special Management Area is a part of the Coastal Zone Management Program and regulated by the County. The properties are located more than a 1/2 mile from the nearest coastline not situated within the Special Management Area. DESCRIPTION OF PROPERTIES AND SURROUNDING AREA 9. Subject Properties: This request consists of two (2) properties, which total 4.947 acres in size and are located near Honomu Town on Akaka Falls Road. One property is 2.512 acres and the other is 2.435 acres. 10. Surrounding Zoning/Land Uses: Surrounding properties are similarly zoned Single - Family Residential (RS -7.5). The adjacent properties to the northeast (makai) and southwest are developed with single family dwellings and are located within the State Land Use Urban district. The adjacent properties to the southwest, and properties to the southeast across Akaka Falls Road are similarly zoned RS -7.5 but are in the State Land Use Agricultural district, as they were part of the district reclassification mentioned previously under Background Information. 11. ALISH: Existing Urban Development and Prime Agricultural Land. Roughly the southern 1/2 of the property is identified as Prime Agricultural Land. 12. Land Study Bureau's Detailed Land Classification System: "C" or "Fair ". 13. U.S. Soil Survey: Hilo silty clay loam -0 to 10 percent slopes. 14. FIRM: Zone "X ", area determined to be outside the 500 -year flood plain. It is also within the Minimal Tsunami Inundation Area. The Federal Government and the County of Hawai`i do not have any regulations for development within areas of minimal tsunami inundation and Zone X. 15. Flora/Fauna Resources: There were no professionals flora/fauna surveys conducted of the site submitted with the application. The area is known to have been extensively used for sugar cane in the past. The applicant is currently farming on the property and has planted fruit trees, including bananas and papayas, as well as diversified vegetables. The property is not known to be a habitat for any rare or endangered animal life. 16. Archaeological Resources: Since the property was used for sugar cane production in the past and currently is used for farming, no commissioned archaeological survey was conducted. It is expected that no archaeological or historic features exist on the property. The applicant has requested a "no effect" letter from the State Department of Land and Natural Resources Historic Preservation Division (DLNR - SHPD). There has been no -2- response and the Planning Department is processing this application because the deadline for response under SHPD rules has expired. 17. Cultural or Native Gathering Rights: There is no evidence of any traditional and customary Native Hawaiian rights being practiced on the property, nor existence of any known valued cultural, historical or native resources in the area. 18. 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 19. Access: Access to the lots is from Akaka Falls Road, a State owned and maintained roadway with an approximate 24 -foot wide pavement road with paved shoulders all within an approximately 35 -foot right -of -way. 20. Water: According to the applicant, County water can be made available from a waterline located within a 10 -foot utility easement fronting the properties. 21. Wastewater: As there is no municipal sewer system in the area, wastewater will be disposed of by a cesspool or individual wastewater system, meeting the requirements of the Department of Health. 22. Solid Waste: Solid waste disposal will be by County transfer stations located in Honomu. 23. Essential Utilities and Services: Utilities are available to the property. The closest police and fire stations are located in Hilo. There is a County park in Honomu near the subject properties. AGENCIES' COMMENTS 24. Department of Water Supply: (Planning Department Exhibit 2 — August 11, 2011 Memo) 25. Department of Environmental Management: (Planning Department Exhibit 3 — August 3, 2011 Memos) 26. Police Department: (Planning Department Exhibit 4 — August 1, 2011 Memo) 27. Fire Department: (Planning Department Exhibit 5 — August 2, 2011 Memo) 28. Department of Health: (Planning Department Exhibit 6 — July 27, 2011 Memo) 29. DLNR -Land Division: (Planning Department Exhibit 7 — August 22, 2011 Memo) -3- 30. Department of Transportation: (Planning Department Exhibit 8 — August 31, 2011 Letter) APPLICANT'S RESPONSE TO AGENCIES 31. The applicant has submittal several responses letters: (Planning Department Exhibit 9 — August 22, 2011 Letters) AGENCIES - NO RESPONSES 32. Department of Public Works, Land Use Commission, and Office of Planning. PUBLIC COMMENTS 33. As of the date of this writing, the Planning Department has not received any objections from the general public or adjacent landowners on the subject application. STATE LAND USE BOUNDARY AMENDMENT APPLICATION (15 ACRES OR LESS) COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) Pe-+e C'triSfaPhe- PETITIONER'S SIGNATURE: (;'yam PETITIONER: ADDRESS: EVX ¥5 H ATE: 6be0 D /J PETITIONER'S INTEREST IF NOT OWNER: TELEPHONE:(Bus.) 003 (%217 73(Res.) LANDOWNER(S): C Ln •-► LANDOWNER SIGNATURE(S): ADDRESS: 736 K �SS ay be bylette l' iic, tc , ur (Fax) DATE: TAX MAP KEY: /3— 3 a r j 4— / STREET ADDRESS OF PROPERTY: /4 ,e5 A a !Is 8 ,23d',4X ZONING: 125 "i. "J� fS SIZE OF PROPERTY: 5-ACRES /Qadi I+oN('M i,&, CURRENT STATE LAND USE DISTRICT CLASSIFICATION: 116-Ri CU, 1314 (A-L REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: t R a4k) ke4- ADDRESS: ,fox If 5 AGENT: TELEPHONE: (Bus.'Og d/ 7 c 1t ,,,3 (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: ft rt:S»' Jam" COPIES: (See Instructions on Reverse Side) Planning Dept. Exhibit BACKGROUND INFORMATION FOR LAND USE BOUNDARY CHANGE IN HONOMU, HI. FILED BY PETER CHRISTOPHER 5/2011 CONCERNING 28 -236 AND 28 -238 AKAKA FALLS ROAD IN HONOMU. 3A. Detailed written description of the proposed request and a statement of objectives and reasons for the request. Request is to change the state land use boundary for 5 acres in Honomu from agricultural to urban, to bring the state land use for these parcels back in conformity with the county zoning (urban RS -7.5) and general plan (low density urban). TMKs for the 5 acre (2 parcels approximately 2.5 acres each) in question are 2- 18 -13 -63 and 2- 8- 13 -64. This land use change is needed for a later subdivision. 3B. Description of the subject property in sufficient detail to precisely locate the property. Describe existing uses, structures and topography. The subject property is TMKs 2- 18 -13 -63 and 2- 8 -13 -64 (also known as 28 -236 AND 28 -238 Akaka Falls Road in Honomu). The area is currently vacant land with agricultural plantings including bananas and vegetables. There is 1 outstanding permit for a 2000 sqft home that I plan to build this year (see map). The subject property is located .1 mile from downtown Honomu bordering on Akaka Falls Road close to the intersection with Kalani Loop. See exhibit A 1 -6. 3C. State /County Plans affecting the subject request: General Plan designation, Special Management Area and Community Development Plans. The General Plan for the subject property is low density urban. The property is not part of a special management area. The Community Development Plan is the Northeast Hawaii Community Development Plan approved by resolution on 2/8/1979 classifying the subject property as for residential uses. 3D. Surrounding zoning and land uses. The parcel borders 16 residential parcels with individual driveways on Kalani Loop and Stable Camp Road, as well as 2 residential parcels which between them share a driveway onto Akaka Falls Road (not shared with the subject property). The surrounding zoning is RS -7.5. The surrounding land use is urban and agricultural. 3E. Flood Insurance Rate Map (FIRM) designation (contact Department of Public Works - Engineering Division). Flood zone X (no flooding). See exhibit B. 3F. Archaeological Resources -- A copy of a letter written by the applicant to the State DLNR Historic Preservation Division requesting a "no effect" letter, including supporting documentation, to which SHPD has not responded after 30 days (SHPD's time limit under their rules). Letter sent 3/15/2011 by certified mail, receipt confirmation received 3/21/2011. As of 6/25/2011, no response has been received. See exhibit C. 3G. Floral and Faunal Resources. The subject property has had primarily Guinea Grass, California Grass, and Bermuda Grass as its natural cover for the past ten years. However, in the past year I have planted several hundred small fruit trees, bananas, payapas, as well as diversified vegetables which make up the present covering along with the grasses. There are no animals larger than toads and small birds living on the property. Coqui frogs do live on the property, along with toads, typical field insects such as grasshoppers. 3H. Valued Cultural Resources: Identify any traditional and customary native Hawaiian rights that are exercised in the area; the extent in which the proposed development will affect these rights; and feasible action to be taken to protect native Hawaiian rights if they exist. There are no native Hawaiian or sugar can industry relics on the property. 3I. Public Access: Existing public access to and along the shoreline or to mountain areas and knowledge of whether public access is being used. There is no public access through the property for any reason and no public site of any kind on the property. 3J. Description of access(es) to the area (e.g. width, type of surface and condition of roadway). If a private roadway, submit evidence of access rights. The present state highway (also known as Akaka Falls Road) runs along the property for 370 feet, this being the southeast border of the property. The present access to the property is via a permitted, completed paved entrance drivaway 34' wide (plan for the entrance to the state highway made 3/25/2002, approved 1/28/2003, permit issued 2/19/2003, completed 3/2/2004). There are no sidewalks on either side of the highway at this point or on nearby streets. The condition of the Akaka Falls Road running along the property is a very good paved road, 34' wide actual paved of which 12' per lane, 4' paved outside the white line on the far side, and 6' paved outside the white line on the side bordering the property. The legal size of the road is 40'. See exhibit D for road and entrance detail. 3K. Traffic impacts - assessment of existing traffic conditions, anticipated increase in traffic and traffic impacts from proposed use (a formal study may be requested by Department of Public Works or Department of Transportation during the review process). Minimal anticipated traffic impact. The property is still within downtown Honomu, the speed of the traffic is low, and the traffic is far below the carrying capacity of the road. 3L. Availability of Utilities: Water, telephone, electricity, sewage disposal. Electricity is available directly on the opposite side of the road. I already have one temp -perm pole in for my existing permitted construction. Water line rights run in a 10- foot -wide easement along the road, and there are 14 water commitments allowed for the subject property, per verbal and written confirmation from the Honomu water department. Additionally, rainfall is adequate to allow catchment use for both household and emergency. 4A. How the granting of this request would promote the effectiveness and objectives of Chapter 205, Hawaii Revised Statutes, as amended. Include discussion on how the proposed use is not contrary to Chapter 205A, Coastal Zone Management (existing public access, scenic or open space resources, coastal view planes and coastal ecosystems); Prior to 1973, the state land use designation for the property was urban. The county zoning was always RS -7.5 and has continued to be. However, in 1973 (ref LUC 227/230 January 26, 1973, see attached exhibit E and F) an amendment to the state land use boundary was approved as requested by the Pepeekeo Sugar Company, modifying the boundary from urban to agricultural for parcel 2 -8 -13 of which the 5 subject acres are part. This 1973 change was based on the finding, "The undesirable aspects of agricultural operations, particularly the dust and noise generated by cane haul traffic, would be incompatible with the continued Urban designation of the subject areas." Additionally, the "retention of the [parcels as agricultural] would not be in the best interests of the public as it will impair economic agricultural production of the sugar companies involved to the detriment of the economy of the State." At present time, the present and anticipated uses of the 5 acres (as well as the remainder of the 45.8 acres included in the earlier boundary amendment) do not include sugar can production or movement. As such, the original reasons for the 1973 boundary amendment no longer apply, and the present application requests to bring the state land use designation back into conformity with the zoning and general plan which express the objectives of Chapter 205. The proposed use is not contrary to Chapter 205A, Coastal Zone Management. The subject propert is not in a SMA, nor is it with the setbacks (205A -43 states, " Setbacks along shorelines are established of not less than twenty feet and not more than forty feet inland from the shoreline ") as the subject property is approximately one mile from the shoreline. The location of the property is' on Akaka Falls Road approximately 1 mile mauka from the belt road, eliminating any effect on the coastal zone from the use. 4B. The extent to which the proposed reclassification conforms to the applicable goals, policies, standards and courses of action of the General Plan and implementing ordinances, plans and documents; The general plan designation being Low Density Urban, the proposed amendment of the boundary brings the land use designation properly into conformity with those plans, erasing the inconsistency created in the 1973 change due to sugar cane hauling. 4 C. The extent to which the proposed reclassification conforms to the applicable district standards. Ilonomu is within the South Hilo district. According to the general plan residential section, "South Hilo district has approximately 8,374 acres of single - family residential zoned lands. [Forty -one per cent or 3,033 acres of the total zoned area is undeveloped.] Many of the undeveloped areas lack the basic improvements necessary for development, are held in speculation, or are committed to other uses. Drainage and flooding problems exist in many of the areas zoned for residential use." The subject property does not have the problems listed as obstacles to residential use. Thus it is appropriate for development as single- family residential to supply the high demand for land in this district. LOT 5 AND LOT 6 OF THAT PORTION OF R.P. GRANT 896 TO KAINA, AND R.P. GRANT 1061 TO KAHINU AND KANAE Land situated at Honomu, So. Hilo, Island & County of Hawaii, Hawaii Beginning at the east corner of this parcel of land on the northwest right -of -way of Akaka Falls Road, State Highway 220, being the east corner of Lot 6 of that `Consolidation and Resubdivision of R.P. Grant 896 to Kaina, and R.P. Grant 1061 to Kahinu and Kanae', and other lands as shown on the plan prepared by Murray, Smith and Associates, October 1, 2001 on file at Hawaii County Planning Dept. as Subdivision # 7470, the coordinates of said Point of Beginning referred to Government Survey Triangulation Station "LAIMI NEW" being 1,842.63 feet North and 2,767.37 feet West and thence running by azimuths measured clockwise from true South: 1. 40 55' 00" 371.52 feet along said northwest right -of -way of Akaka Falls Road, to the south corner of Lot 5 of said Subdivision # 7470, thence; 2. 138 31' 00" 467.11 feet along the northeast boundary of Lots 3 and 4 of said Subdivision # 7470 to the southeast boundary of that `Subdivision of Grant 896 to Kaina, and a Portion of Grant 1061 to Kahinu and Kanae' prepared by John N. Smith dated December 20, 1952 filed in Hawaii County Planning Dept. as Subdivision # 633, thence; 3. 196 45' 30" 95.17 feet along the southeast boundary of Lots 6 and 7 of said of said Subdivision # 633, thence; 4. 176 59' 00" 96.46 feet along the southeast boundary of Lots 7 and 8 of said Subdivision # 633, thence; 5. 159 42' 00" 104.56 feet along the southeast boundary of Lot 9 of said Subdivision # 633, to the south boundary of that `Subdivision of a Portion of Grant 1061 to Kahinu and Kanae' prepared by John N. Smith dated March 25, 1960 filed in Hawaii County Planning Dept. as Subdivision # 1477 thence; J2011- 053LD.Docx Page 1 15 July 2011 • • 6. 240 39' 30" 91.85 feet along the south boundary of Lots A and B of said Subdivision # 1477 to the south corner of that'Subdivision of a Portion of Grant 1061 to Kahinu and Kanae' prepared by John N. Smith dated August 8, 1950 filed in Hawaii County Planning Dept. as Subdivision # 326, thence; 7. 239 01' 00" 101.51 feet along the southeast boundary of Lots 4 and 3 (por.) of said Subdivision # 326 to the west corner of the `Peepekeo Sugar Company Armory Subdivision, Series 2' prepared by James H. Armitage dated January 6, 1960 filed in Hawaii County Planning Dept. as Subdivision # 1735, thence; 8. 318 31' 00" 603.47 feet along the southwest boundary of Lots 28 through 36 of said Subdivision #1735 to the Point of Beginning, enclosing an area of 4.947 acres, more or less. J2011- 053LD.Docx LICENSED PRUFESSUONAL LAND SURVEYOR Daniel L. Berg, PLS 11245 Kea'au, HI. dib & Associates SURVEYS • MAPPING • CURNSIA Page 2 15 July 2011 2' 0), /Qpn b /2)), rociNi) UOT Ac„ CH ['3',0101 •ST/100-1'0'Arr,(110 1,0T G, .4.S NK(s)li/lbDb STIOSIK) re);T,Ii erb.r.e *0)1r9.4.,i) :for r nci -0t31-161e°--) i Go) (sze rt.)t3,1,1) t ooa ' I J'acio.p4 lleirle o21V 7 ttuS .e i.in 49Q Xoq,e ,d �emmt `ttecn 'otl -H 4 }nos 't�wouo,l . Qlrt G17:4.1 -2 -2 >W U. Pure O -t -1-x'1 •S'o vo44.Mptlosuo0 --ca -a t1,4.L \ouc -1 -}Q-1-4Q ,--301;=t0,1‘05-,-40 0 1 puEQ_l'.tl' -1 ske 2 W'ud 1 -bit uotstncpgro9 Ct (`3f\1Sn'10ri1) J -t G10'1 Oi_SYk uo+}epltos■x p es,So uolsl nlpgctsm'ei, `E-Ay aeuesA pue nult..le(w 10o t . L7eJ J pue. euteN 04. - a9 -uea`0 'ot ' N1 eu�r =nom ol. 2.G8 -1-(.4e-k0 ueLovatA vi q{- OLC. =sir 1�W o1 LG8 1-+ -140 �JO uota■ce4 -o c..roi.l_apilosuo ) C`.11c Ic 4 Ci`l1"'1d t- 1 . roos? .11;- rzt 1, slcvalaasd� �dcna /0'. 44 goo•o .G2- t6,. 0 rnro ao no' •{o.�t c.pa�v¢nE {yo24` c onn :Nrra.. lS 1G'G9at �1326 d5c1 te it .CLc ;rc(•0 OLCo }. 8 ' C�, ?igt't 6xo'o) iye°ICe ��x 9xt� .. 6e.,usp!C6 i ec�t aan.� (0 G22 0 WOlB0 11wHIo FNelo3 . .0 oleo W E5 os : 41 - 9 - a4,4 Ali -1,1 62L9G Np'^u-K0.2 'O le}'a scurdpo -J 'xO.lwuq 42L%r' I {'nwocwl.{ pr_e xa i.,,, uosra,(�,,b slpelcJ'� lu kJ-1' eoloa(taM 29966�c 7'0;mis plem 3 sata(�c� .en ek W etq •,.S. kpv o, 10 MOM Nip* NOIiYO O03a a0i,03AOaddY 1 at fiL auninN N StAIOens dam(\ I(b,`f b Ge9L -e1 'ON aouexns oI 63:3 1101330 4, 'W -N 'NOIS,NMS.M(1S hW 030Hn YO raW AG Q3_14d3.k> 69M?t �+OM 61tt1 9 O �� -0� / 1'9 �J� `��9a�5 / S P' 5� 8911132" 22.57' M1 0CA1 E r, FFFT 1 IN(,11 =100 FEET / / / / / PRELIMINARY SITE PLAN PROPOSED CONSOLIDTION OF LOTS 5 AND 6 OF R.P. GRANT 896 TO KAINA AND GRANT 1061 TO KAHINU AND KANAE AND RESUBDIVISION INTO LOTS 1 TO 8, INCLUSIVE AND ROAD LOT A HONOMU, SO. HILO, COUNTY OF HAWAII, HAWAII. 1MK(3)2 -8 -013: 063, 064 / / / • / / / / / 1 z `"3 A HAKALAU WAILEA ..K VU 9,T HONOMU D PE,PEEKEO E Pa'e19 � -6 �t See Pa.e17 19:� G• �, HA.IAI..AU lau Veteran s Paac�T J�k4a � - 11o.4aed Is *Ja'�� a r , Hakaiaa, Hmstd • c, na11 ded, Y uoBoaT NoudbadRe,4 7 1. © Copyright 2008, Odyssey Publishing, uc `. 1 Ira unpaved un aka y Andrade Camp La _ Kaak_ , 'lao co G aco y ▪ I Kauh a i e Oh u Kuhainiano Farms ▪ drnnk o p dery }ZWtue cm • ,-- 'RStlaimanq Heights p w iAy 0� 'sI See Pa.e21 D Rev. 10/13/2010 .x/Lt 6 - J- /km County of Hawaii DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION 75 -5706 Kuakini Hwy, Kailua -Kona, HI 96740 Kona Office Hilo Office p/327 -3530 961 -8327 f/ 327 -3533 961 -8933 FLOOD ZONE DETERMINATION Aupuni Center 101 Pauahi St. Suite 7 Hilo, HI 96720 Tax Map Key: Requested by: ,� (Cu- ,-16 is Company: Address: Phone No. Fax: Date: Flood Zone is: Remarks: Completed by: Date: Notes: 1) A property in Zone X (not within the Special Flood Hazard Area) may be damaged by a flood greater than that predicted on the Flood Insurance Rate Map, or from a local drainage problem not shown on the map. 2) The Information provided here does not create liability for the County of Hawai'i, or any officer or employee thereof, for any damage that results from reliance on this information. 3) Buyers are advised to consult an Architect and /or Engineer or other experts of the buyers' choice if there are additional questions. 4) See attached about the mandatory purchase of Flood Insurance requirements. uffer Zone (see Legend) applies on Permit req insurance requ y to determinations for LEGEND BASE FLOOD ELEVATION (BFE) — Water surface elevation of a flood having a one percent chance of being equaled or exceeded in any given year (also called the "100 -year flood "). FLOOD INSURANCE RATE MAP (FIRM) — Map used in administering the National Flood Insurance Program. The maps display shaded areas in the community that are subject to flooding. Flood Insurance rates are based on risk of the various Special Flood Hazard Areas zones (defined below) shown on the map. County of Hawaii's regulations are tied to the different SFHA zones. FIRM or SFHA zone information is available from the following sources: • Can be ordered or viewed on the Internet by visiting www.fema.qov and clicking on the FEMA Flood Map Store in the left column, or by going directly to www .store.msc.fema.aov/webapa/wcs /stores, or by calling 1- 800 - 358 -9616. • The State of Hawai'i Department of Land and Natural Resources provides property specific flood zone designation information at its website htto: / /ais.hawaiinfio.orafhat/. • The County of Hawaii Department of Public Works provides (upon request, as available and for a nominal fee) a copy of the Tax Map Key with the specific flood designation(s). SPECIAL FLOOD HAZARD AREAS (SFHA) — Areas of land or zones that would be inundated by a flood having a 1 percent chance of occurring in any given year (also referred to as the base flood or 100 -year flood). ZONE A — No base flood elevations determined ZONE AE — Base flood elevations determined ZONE AH — Flood depth of 1 to 3- feet (usually areas of ponding); base flood elevations determined ZONE AO — Flood depths of 1 to 3 -feet (usually sheet flow on sloping terrain); average depths determined. For areas of alluvial fan flood, velocities also determined. ZONE V — Coastal flood with velocity hazard (wave action); no base flood elevations determined. ZONE VE — Coastal flood with velocity hazard (wave action); base flood elevations determined. ONE — Areas bordering and within 50- feet o with base flo - - •e•th number -. in feet on the FIRM or other areas that - .and indentihed with base flood - - - or depth numbers [HCC § OTHER FLOOD AREAS — Areas of land or zones not designated as S FHAs. ZONE X (Shaded) — Areas of 500 -year flood; areas of 100 -year flood with average depths of less than 1- foot or with drainage areas less than 1 square mile; and, areas protected by levees from 100 - year flood. ZONE X — Areas determined to be outside the 500 -year floodplain. ZONE D — Areas in which flood hazards are not determined. Notes: 1) FIRMs do not necessarily identify all areas subject to flooding, particularly from local drainage sources of small size, or all planimetric features outside SFHAs. 2) SFHAs (100 -year flood) include Zones A, A1-A30, AE, AH, AO, V and VE. 3) Certain areas in SFHAs may be protected by flood control. structures (e.g., levees). County of Hawaii is an Equal Opportunity Provider and Employer PETER CHRISTOPHER 475 KINOOLE #102 PMB 157 HILO, HAWAII 96720 TO: STATE HISTORIC PRESERVATION DIVISION HAWAII ISLAND OFFICE 40 Po'okela Street, Hilo Hawai'i, 96720 To whom it may concern: 3/15/2011 (E)(W�►� I am writing to you to request a "no effect" letter for two parcels I own in Honomu as part of the due diligence for an application for a boundary change of the state land use concerning these parcels. The TMK of these parcels is 2- 8 -13 -63 and 2- 8- 13 -64. They are physically described as 28 -238 and 28 -236 Akaka Falls Road in Honomu, located on the north side of the Akaka Falls State Highway mauka of Kalani Loop. A map is presented below for your convenience. Thank you for your help in getting the "no effect" letter concerning these parcels. Peter Christopher 475 KINOOLE #102 PMB 157 HILO, HI 96720 D n.1 2150 0002 7698 U.S. Postal ServiceTM CERTIFIED MAILTt RECEIPT (Domestic Mail Only; No Insurance Coverage Provided),/ For delivery information visit our website at www.usps.com Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To Here D street, Apt. No.; [ti ox No. SENDER: �� orPOB COMPLETE THIS SECT/ON • Complete items 1, 2, an • item m 4 if Restricted Delivery is desired. complete Pr nhai your name and address ry Is n the r • so that this card retum the °n the reverse and to the and to h yob or on the front if space of the mailpiece, 1. Article Addressed Penrlits. ressed to: c62 Pc�IU� ( 0, `LCD ro o ke ST 1'111- a f C . zd 2. Article Number � (Transfer from service /Elbe° PS Form 3811, February P004 7 ©06 215❑ 7YPe ed u Registered Mali CI rest' tl Return Mall C/ insured Mall CI 0.0.0. Receipt for Merchandise 4. Restricted Delivery? Arra Fee) 00 2 76.98' -2407 Domestic Retum Receipt w2595-0244-1540 Ex RUMBLE STRIP AHEAD SIGN PC. STAi0 ±6 93,4.. Ex Cl. MONUMENT Ex 25 MPH SIGN _. Ex RUMBLE STRIPS (TYP) 1 LOT 3 Ex TRACTOR CROSSING Ex CMP CULVERT LOT 4 LOT 5 Ex 15 MPH SIGN ACCESS DRIVEWAY 2 - Ex CMP CULVERT LOT 6 ASSUMED ELEVATION 300.00 (P.C.) Ex STOP SIGN Ex STOP SIGN GENERAL PLAN SCALE: 1" = 100' ;IONS BRIEF PPROVED Honomu Subdivision Access Driveways Highway Project No. 220A -02 -72 TMK: (3) 2 -8- 013:053 Ex RUMBLE SNIP C.L. STA 8 +7.45 40' ROW :!i` — N SAW -CUT O E Ex FENCE I I I STOP SIGN 130'55'00" 20.00' 12" STOP BAR ►, 138'31'00" 20.78' EP soi 4" WHITE STRIPE 30.00' 30 L.F. 4" DOUBLE YELLOW LOT 5 rei 6' PAVED SHOULDER PL 0 4 WHITE STRIPE 1' 0 • MEMORANDUM TO: FROM: Staff SUBJECT: A72 -338 - A72 -339 - Z-140' - A72 -341 - STATE OF HAWAII LAND USE COMMISSION Land Use Commission Mauna Kea Sugar Co., Mauna Kea Sugar Co., Pepeekeo Sugar Co. Pepeekeo Sugar Co. Inc. Inc. January 19, 1973 1:30 p.m. (Area 2) (Area 3) (Area _ 4) (Area S4 In accordance with the provisions of Section 1.16 of the Land Use District Rules and Regulations, the proceedings relating to the above petitions were conso1idata at the public hearing held on November 30, 1973. It is recalled that petition A72 -337 sub- mitted by Hawaiian Agricultural Co. to rezone 90 acres from urban to Agricultural at Paha].a and previous3.y designated Area 1. was withdrawn at the petitioner's request at that meeting. Therefore, the remaining 4 petitions are as follows: From Urban to Agricultural, totaling approximately 108.5 acres A72 -338 (Area 2) Mauna Kea Sugar Co. Papaikou, South Hilo, Hawaii - 53.7 acres A72 -339 (Area 3) Mauna Kea Sugar Co. Wainaku, South Hilo, Hawaii - 9 acres A72 -340 (Area 4) Pepeekeo Sugar Co. Honomu, South Hilo, Hawaii - 45.8 acres From Agricultural to Urban, totalin a .roximatel 224.6 acres A72 -341 (Area 5) Pepeekeo Sugar Co. Pepeekeo, South Hilo, Hawaii - 224.6 acres Areas 2, 3 and 4, which are situated in the Urban Districtsof Papaikou, Wainaku and Honomu, and encompassing a total of 108.5 acres, have been recommended for inclusion in the Agricultural District by the Hawaii County Planning Commission since the subject properties meet Agricultural District standards; would be in concert with County goals relating to the preservation of agri- cultural lands; would allow the petitioner to realize his overall plan and to strengthen his economic status; and would be in con- formance with the economic and social goals of Hawaii County. Staff evaluation of the changes requested in Areas 2, 3 and 4 finds that: 1. Plantation type agricultural activities have been main- tained on the subject properties since they were originally designated within the Urban District classification to provide for urban expansion. However, the petitioner plans to accommodate the housing needs of its employees at Pepeekeo and continue cane cultivation on the lands in question in order to economize on its operations. This plan is in conformity with the objectives of the Land Use Law relating to the prevention of scattered urban developments and preservation of agricultural uses. 2. Excluding the areas under petition, other vacant Urban districted lands exist at Area 2 (Papaikou), and Area 4 (Honomu) to accommodate urban growth inthe foreseeable future. Area 3 (Wainaku) is fairly well developed; however, adequate and more suitable urban expansion areas are located only one mile away in the City of Hilo. 3. The undesirable aspects of agricultural operations, par- ticularly the dust and noise generated by cane haul traffic, would be incompatible with the continued Urban designation of the subject areas. 4. Retention of the 108.5 acre area in the present classi- fication would not be in the best interests of the public as it will impair economical agricultural production of the sugar companies involved to the detriment of the economy of the State. Based on the above findings, the staff recommends that Areas 2, 3 and 4 relating to petition A72 -338, 339, and 340 respectively, be approved for reclassification from the Urban to the Agricultural District. Area 5, involving petition A72 -341 at Pepeekeo, contains 224.6 acres, according to the staff's planimetric measurements. However, the petitioner originally submitted that the area requested to be reclassified from an Agricultural to an Urban designation encompassed only 190 acres. After the public hearing on this matter on November 30, 1972, a letter dated December 12, 1972, has been received from the petitioner, which is summarized below: -2- 1. With regard to area, the petitioner acknowledges that an omission was made but that their revised measurements indicate an area of 214 acres as compared with the Land Use Commission staff's 224.6 acres. The petitioner . requests that, if approval is granted, the area not be made so restrictive so as to preclude adjustments. 2. The proposed development would consolidate the population of seven scattered camps, thus reducing the problem of police and fire defense. The proposed PUD is expected to provide accommodations for retired senior citizens, single employees and small families. An estimated 96 acres will be restored to cane when existing camps are phased out. It was emphasized that they propose to relocate employees "in all of the houses in the scattered camps" to this development. It was noted that the "extent of development on the steeper slopes has yet to be determined when detailed plot plans are completed ". 3. It is expected that development will be initiated in June -July, 1973 in areas identified for the PUD, the community center and Area 9, containing a total of 112 single family lot5.on 37 acres of land. The remaining Areas identified as 6, 7, 10 and 11 will be developed'in June -July of 1974, after the cane is harvested. 4. With regard to Price Range, the petitioner indicates that: "Previous lot sales to employees have been based on recovering the cost of raw land, development costs and overhead. Original sales in Unit I were about 150 per square foot but have increased to 25% per square foot in Unit IV as development costs have increased. Until contracts are negotiated, we cannot accurately predict future sale prices but would expect tie m to be not less than 500 per square foot." 5. The siting of the sewage treatment plant would be subject to the completion of a study by Sunn, Low, Tom and Hera and upon tentative approval by various government agencies. A petition will be later submitted to include this facility. ANALYSIS The petitioner explains the shortage in the area under petition by stating that phase 7 of his development plan was erroneously -3- omitted in the original submission of 190 acres. He further in- dicates that their revised measurements indicate a total of 214 acres instead of the 224.6 acres arrived at by staff. Using the tables shown on the development plan which was submitted by the petitioner at the public hearing, the entire area totals 194 acres. This figure includes phase 7 of their develop- ment. Therefore, the discrepancy cannot be explained by the omis- sion of that area. Further, the 214 acre revised estimate arrived at lately by petitioner is still a mystery and requires clarifica- tion. It is emphasized that the staff has verified its computa- tion of the 225 -acre figure. In his original submittal of August 25, 1972, the petitioner indicated a total of 425 plantation homes between Amauulu and Ninole. In his latest submittal of December 12, 1972, he states that "One of the basic reasons for the entire development is for the relocation of employees in all of the houses in the scattered camps. Since there are at least 52 lots in the area already under development within the existing Urban District, there would be a need, theoretically, of an additional 373 units to accomplish the proposed relocation. Therefore, there is an overage of at least 161 lots in the proposal, which is not justified on the basis of the evidence submitted to date. Further, there is some question of whether all of the people affected by the proposed relocation desire to make their homes at Pepeekeo or elsewhere. The petitioner has not adequately answered the questions posed by the staff at the public hearing relating to the feasibility of residential development along the extremely steep slopes north of Puu Alala as indicated on the development plan. Their latest submittal merely states that "The extent of development on the steeper slopes has yet to be determined when detailed plot plans are completed ". It is noted that these areas contain slopes well in excess of 30 %. It is unclear whether the intended land exchange with the State regarding the school site as proposed by the petitioner will be accomplished at agricultural rates or at urban rates. It is noted that the existing Pepeekeo School lot is presently situated within an Urban designation, contains 4.9 acres aryl is relatively flat. The proposed school site shown on petitioner's plan is presently in the Agricultural District, contains only 3 acres, and is situated alongside a drainage area which may make it unsuitable for the proposed use. Therefore, pending the final selection of a site by the Department of Education, and until some arrangements -4- have been made for the land exchange, the proposed school site should not be rezoned at this time. Based on the above analysis, the staff recommends that only a 69.5 acre portion, to include the following, be reclassified from the Agricultural to the Urban District at this time, in order that the petitioner may proceed with his development timetable of December 12, 1972: Planned. Unit Development Heights Community Center Phase 9 22.62 acres 10.27 " 36.61 Total Recommendation for Urban 69.50 acres The development of this area as represented in the petition would accomplish the following: 1. Provide a much needed community center for the existing and future residents of the area. 2. Allow the petitioner to accomplish the initial phase of his development schedule as proposed. 3. Allow the petitioner to develop the PUD with Act 105 participation by the State. 4. Allow the petitioner to proceed with his objectives of phasing out the outlying plantation camps along the Hamakua coast and consolidate these at Pepeekeo. 5. Allow the petitioner to restore the relocated camp areas to cane cultivation. I- VC_ „).-7 January 26, 1973 • Mt. W. B. Case, Vice President Sugar Operations C. Brewer & Co., Ltd. P. O. Box 1801 Hilo, Hawaii 96720 Dear Mr. Case: The petitions by Mauna Kea Sugar Co., Inc. and Pepeekeo Sugar Company to amend the land use district boundaries on the island of rawaii were Approyad by the Land Use Commission at its meeting on January 19, 1973, as follows: From U1',TAW to AGRICULTURAL totalincimateal524sres Petitioner Acres Tax Map rKeAr A72-338 - maugaKea Sugar 53.7 e-2-7-02t por.3 Co., X. f r2-7-04t 51. & por. 23 (Papaikou) A72-339 - Mauna Kea Sugar Co.. Inc. 9.0 por. 7 -2-6-17: por. 2 . (WAinaku) . 72-34O - 222111,222310Esozaia. •■••••■■■•■••■•■••■■ ,2-8-13: por. 3 'pox. 4 por. 53 (Honomu) Total 108.5 From AGR/CULTURAL to URBAN totaling approximatel y 224.6 acres Petition'Ir Acres Ta35.._tanEtE A72-341 - Pepeekeo Sugar Co. 224.6 2-8-07: por. 3 por. 6 (Pepeekeo) Mr. W. B. Case, Vice President -2- January 26, 1973 It was further moved that unless there is satisfactory com- pliance with the development time schedule by July 31, 1974, the Land Use Commission will consider initiating a petition to restore the undeveloped property from an Urban town Agricultural designation. For your information, we are enclosing herewith a copy of Section 2.33, Performance Time, of the Rules and Regula- tions of the Commission. Prior to taking action on this petition, the enclosed memorandum was presented to the Commission. Very truly yours, TATSUO FUJIMOTO Enels Executive Officer . cc: Mauna Kea Sugar Co., Inc., 7epeekeo Sugar Co. Sawaii Planning Commission Dept. of Water Supply, Eawaii Hawaii District Office, Dept. of Tax. Property Technical Services, Dept. of Tax. Tax Maps Branch, Dept. of Tax. Planning Branch, DAGS Planning Office, iJ¢, iI Facilities & Aux. Svcs. Director, Dept. of Transportation Planning Division, DPED Land Use Commission TO: FROM: SUBJECT: DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720 TELEPHONE (808) 961 -8050 • FAX (808) 961 -8657 August 11, 2011 Ms. BJ Leithead -Todd, Planning Director Planning Department Milton D. Pavao, Manager -Chief Engineer STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 11- 000030) APPLICANT — PETER CHRISTOPHER REQUEST: AGRICULTURAL TO URBAN TAX MAP KEY 2- 8- 013:063 AND 064 We have reviewed the subject Petition for State Land Use Boundary Amendment and have the following comments. As the subject parcels do not front the Department's existing water mains, water availability is limited to only one (1) unit of water per pre- existing lot of record. For your information, one (1) unit of water is equal to an average daily usage of 400 gallons, which is the estimated average daily usage for one (1) single- family dwelling. ril Water can be made available from an existing 8 -inch waterline within Old Mamalahoa Highway, approximately 870 feet from the subject parcels, in accordance with the Department's current water availability conditions, which are subject to change without notice. rvt —4 The Department has no objection to the proposed request, subject to the applicant providing the offsite and onsite water system improvements necessary to adequately serve the development. All elements of the offsite and onsite water system improvements shall be constructed in accordance with the Department's Water System Standards and Rules and Regulations. Further, the improvements must be properly accepted by and dedicated to the Water Board before water service can be granted. Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at 961 -8070, extension 256. Sin ours, Milt. D. Pavao, P.E. ( Man. • r -Chief Engineer RQ:dfg copy — Peter Christopher ...Water, Our Most Precious Resource . Wai A Kane .. . The Department of Water Supply is an Equal Opportunity provider and employer. 073388 Planning Dept. Exhibit 2, William P. Kenoi Mayor William T. Takatia Managing Director Count u c ufl Dora Beck, P.E. Acting Director Hunter Bishop Deputy Director DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo, Hawal'i 96720 (808) 961 -8083 Fax (808) 961 -8086 http://co.hawaii.hi.us/directory/dir envmng.htm MEMORANDUM Date : August 3, 2011 To BJ LEITHEAD TODD, Planning Director From: DORA BECK, P.E., Acting Director /5 Subject: State Land Use Boundary Amendment Application (SLU 11- 000030) Applicant: Peter Christopher Request: Agricultural to Urban TMK: 2 -8- 013:063 and 064 The Solid Waste Division has reviewed the subject application and offers the following recommendations (Please note Wastewater Division's comments will submitted separately): DEPARTMENT COMMENTS: ( ) Wastewater Division had no comment as this area is not a sewered and there are no immediate plans for sewering of the area. ( ) Other SOLID WASTE COMMENTS: (Contact Solid Waste Division for details.) (X ) No comments ( ) Commercial operations, State and Federal agencies, religious entities and non - profit organizations may not use transfer stations for disposal. ( ) Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. ( ) Ample and equal room should be provided for rubbish and recycling. ( ) Green waste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or other suitable diversion programs. ( ) Construction and demolition waste is prohibited at all County Transfer Stations. ( ) Subni`Solid Waste Management Plan in accordance with attached guidelines. ( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. ( ) Other: P finning Dept. Exhibit County of Hawaii is an Equal Opportunity Provider and Employer. NNED A1 William P. Kenoi Mayor William T. Takaba Managing Director Dora Beck, P.E. Acting Director Hunter Bishop Deputy Director CIlaunr��`t DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo, Hawar i 96720 (808) 961 -8083 Fax (808) 961 -8086 http: / /co.hawaii.hi.us /directory/dir envmng.htm MEMORANDUM Date : August 3, 2011 To BJ LEITHEAD TODD, Planning Director From: DORA BECK, P.E., Acting Director i Subject: State Land Use Boundary Amendment Application (SLU 11- 000030) Applicant: Peter Christopher Request: Agricultural to Urban TMK: 2 -8- 013:063 and 064 The Wastewater Division has reviewed the subject application and offers the following recommendations (please note Solid Waste Division comments will be submitted separately): DEPARTMENT COMMENTS: WASTEWATER COMMENTS: (Contact Wastewater Division for details.) (X) No comments ( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21 -5 of the Hawai'i County Code. ( ) Require Council Resolution to approve sewer extension in accordance with Section 21 -26.1 of the Hawai'i County Code. Complete Sewer Extension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23 -85 of the Hawai'i County Code. ( ) Check or line out as applicable: [ ] If required by the Director of the Department of Environmental Management ( "Director of DEM "), [ ] applicant shall conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. Applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require, which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief for details. ( ) Other: County of Hawai`i is an Equal Opportunity Provider and Employer. William P. Kenai, Mayor. - August 1, 2011 TO FROM : SUBJECT: BJ LEIT HEN Y ARE 1 County of Hawaii POLICE DEPARTMENT 349 Kapiolani Street • Hilo, Hawaii 96720 -3998 (808) 935 -3311 • Fax(808)961 -8865 AD TODD, PLANNING DIRECTOR TAVARE �i'. ASSISTANT POLICE CHIEF PERATIO Harry S. Kubojiri Police Chief Paul K. Ferreira Deputy Police Chief STATE LAND USE OUNDARY AMENDMENT APPLICATION (SLU 11- 000030); APPLICANT: PETER CHRISTOPHER; REQUEST: AGRICULTURAL TO URBAN; TAX MAP KEY: 2 -8- 013:063 AND 064 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 Planning Dept. Exhibit,�� SCANNED AUG 1 0 2011 By: 073227 "Hawai'i County is an Equal Opportunity Provider and Employer" PLANNING DEPARTMENT William P. Kenos' r(} ?j:F'( ofl'_'rll Mayor t1 August 2, 2011 Aug -9 ffl 11: 19 County of ii9almari HAWAI'I FIRE DEPARTMENT 25 Aupuni Street • Suite 2501 • 11ito, liawai`i 96720 (808) 932 -2900 • Fax (808) 932 -2928 TO: BJ LEITHEAD TODD, PLANNING DIRECTOR FROM: DARRYL OLIVEIRA. FIRE CHIEF Darryl J. Oliveira Fire Chief Glen P. I. Honda Deputy Fire Chief SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 11- 000030) APPLICANT: PETER CHRISTOPHER REQUEST: AGRICULTURAL TO URBAN TAX MAP KEY: 2 -8- 013:063 AND 064 In regards to the above - mentioned State Land Use Boundary Amendment application, the following shall be in accordance: Fire apparatus access roads shall be.in accordance with UFC Section 10.207: "Fire Apparatus Access Roads "Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. "(b) Where Required. Fire apparatus access roads shall be required for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire department vehicle access as measured by an unobstructed route around the exterior of the building. "EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of this section may be modified. "2. When access roadways cannot be installed due to topography, waterways, nonnegotiable grades or other similar conditions, the chief may require additional fire protection as specified in Section 10.301 (b). Planning Dept. Exhibit 'I 0'73309 Hawaii 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 Toads of fire apparatus and shall be provided with a surface so as to provide all - weather driving capabilities." (20 tons) "(g) Turning Radius. The turning radius of a fire apparatus access road shall be as approved by the chief." (45 feet) "(h) Turnarounds. All dead -end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. "(i) Bridges. When a bridge is required to be used as access under this section, it shall be constructed and maintained in accordance with the applicable sections of the Building Code and using designed live loading sufficient to carry the imposed loads of fire apparatus. "(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief." (15 %) BJ Leithead Todd August 2, 2011 Page 3 "(k) Obstruction. The required width of any fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. "(I) Signs. When required by the fire chief, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both." Water supply shall be in accordance with UPC Section 10.301(c): "(c) Water Supply. An approved water supply capable of supplying required fire flow for fire protection shall be provided to all premises upon which buildings or portions of buildings are hereafter constructed, in accordance with the respective county water requirements. There shall be provided, when required by the chief, on -site fire hydrants and mains capable of supplying the required fire flow. "Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. "The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be protected as set forth by the respective county water requirements. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 10.207. ARI YL OLIVEIRA ire Chief KT:lpc NEIL ABERCROMBIE GOVERNOR r h.AN } °t .DEP; !ii lQ= 145 MEMORANDUM DATE: July 27, 2011 STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721 -0916 TO: Bobby Jean Leithead Todd Planning Director, County of Hawaii LIOTA J. FUDDY, A.C.S.W., M.P.H. Director of Health FROM: Newton Inouye ("4- Acting District Environmental Health Program Chief SUBJECT: State Land Use Boundary Amendment Application (SLU 11- 000030) Applicant: Peter Christopher Request: Agricultural to Urban Tax Map Key: 2- 8- 013:063 and 064 Wastewater Branch does not concur with the application. Under the provisions of Hawaii Administrative Rule Chapter 11 -62, a minimum lot size of 10,000 square feet is required in order to use individual wastewater systems. 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 National Pollutant Discharge Elimination System (NPDES). Planning Dept. Exhibif,_..k_ . 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: http: / /www.hawaii .gov /healthlenvi r. onmental /water /cleanwater /forms /indi v- index.html. b. An NOI to be covered by an NPDES general permit is to be submitted at least 30 days before the commencement of the respective activity. A separate NOI is needed for coverage under each NPDES general permit. The NOI forms may be picked up at our office or downloaded from our website at: http: / /www.hawaii. gov /health/environmental /water /cleanwater /forms /genl - index.htrnl. Storm water associated with industrial activities, as defined in Title 40, Code of Federal Regulations, Sections 122.26(b)(14)(i) through 122.26(b)(14)(ix) and 122.26(b)(14)(xi). [HAR, Chapter 11 -55, Appendix B] ii. Construction activities, including clearing, grading, and excavation, that result in the disturbance of equal to or greater than one (1) acre of total land area. The total land area includes a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under a larger common plan of development or sale. An NPDES permit is required before the commencement of the construction activities. [HAR, Chapter 11 -55, Appendix C] iii. Discharges of treated effluent from leaking underground storage tank remedial activities. [HAR, Chapter 11 -55, Appendix D] iv. Discharges of once through cooling water less than one (1) million gallons per day. [HAR, Chapter 11 -55, Appendix E] v. Discharges of hydrotesting water. [HAR, Chapter 11 -55, Appendix F] vi. Discharges of construction dewatering effluent. [HAR, Chapter 11 -55, Appendix G] vii. Discharges of treated effluent from petroleum bulk stations and terminals. [HAR, Chapter 11 -55, Appendix H] viii. Discharges of treated effluent from well drilling activities. [HAR, Chapter 11 -55, Appendix I] ix. Discharges of treated effluent from recycled water distribution systems. [HAR, Chapter 11 -55, Appendix J] BJ Leithead Todd 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:SLU 11- 000030.my NEIL ABERCROMBIE GOVERNOR OF HAWAII STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION County of Hawaii Planning Department Attention: Mr. Jeff Darrow 101 Pauahi Street, Suite 3 Hilo, HI 96720 Dear Mr. Darrow SUBJECT: POST OFFICE BOX 621 HONOLULU, HAWAII 96809 August 22, 2011 r ',WILLIAM J. AILA, JR. CHAIRPERSON BOARHFOF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT Request to Change State Land Use Boundary for 5 acres in Honomu from Agricultural to Urban - Honomu, S. Hilo; TMK: (3) 2 -8- 013:063 and 064 — Application SLU 11- 000030 Thank you for the opportunity to review and comment on the subject matter. The Department of Land and Natural Resources' (DLNR) Land Division distributed or made available a copy of your report pertaining to the subject matter to DLNR Divisions for their review and comments. At this time, enclosed are comments from (a) Engineering Division; (b) Division of State Parks; and (c) Land Division — Hawaii District on the subject matter. Should you have any questions, please feel free to call Darlene Nakamura at 587 -0417. Thank you. Enclosures Sincerely, sssell Y. Tsuji Land Administrator Planning Dept. Exhibit fl NEIL ABERCROMBIE GOVERNOR OF HAWAII TO: STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES 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 X Div. of State Parks X Commission on Water Resource Management _Office of Conservation & Coastal Lands X Land Division — Hawaii District X Historic Preservation WILLIAM J. AILA, JR. CHAIRPERSON BOARD OF LAND ANDJLATVB .L RESOURCES COMMISSION ON WATR RISOtCE MANAGEMENT FROM: i e11 Y. Tsuji, Land Admini tx Cc __- - SUBJECT: Request to change state land use boundary for 5 acres in Honomu from agricultural to urban. LOCATION: Honomu, S. Hilo; TMK: (3) 2 -8- 013:063 and 064 APPLICANT: County of Hawaii Planning Department on behalf of Peter Christopher 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. (v) Comments are attached. Signed: Date: cc: Central Files rr7 r DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LD/RussellTsuji Ref.: ChangeSLUBoundaryAg2UrbanHonomuHilo Hawaii.523 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 Designation for the project site, according to the Flood Insurance Rate Map Panel No. 1551660675C (Copies attached), is located in Minimal Tsunami Inundation Area. The National Flood Insurance Program does not have any regulations for developments within the Minimal Tsunami Inundation area. 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. () 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 -4980 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 lle included in the State Water Projects Plan Update. () Additional Comments: ( X) Other: We do not have any objections for the request to change the State Land Use Boundary for 5 acres in Honomu from Agricultural to Urban; Tax Map Key: 2 -8 -013 parcels 063 and 064. Should you have any questions, please call Ms. Suzie S. Agraan of the Planning Branch at 587 -0258. Signed: Date: CART : CHAN , CHIEF ENGINEER NEIL ABERCROMBIE GOVERNOR OF HAWAII TO: STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES 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 V Div. of State Parks X Commission on Water Resource Management _Office of Conservation & Coastal Lands X Land Division — Hawaii District X Historic Preservation 9418 g WILLIAM J. AILA, JR. CHAIRPERSON BOARD OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT rr) FROM: sell Y. Tsuji, Land Admini _.. SUBJECT: Request to change state land use boundary for 5 acres in Honomu from agricultural to urban. LOCATION: Honomu, S. Hilo; TMK: (3) 2 -8- 013:063 and 064 APPLICANT: County of Hawaii Planning Department on behalf of Peter Christopher 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 cc: Central Files We have no objections. We have no comments. Comments are attached. Signed: im Date: j0/ NEIL ABERCROMBIE GOVERNOR OF HAWAII TO: FROM: SUBJECT: LOCATION: APPLICANT: • STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES 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 X Div. of State Parks X Commission on Water Resource Management _Office of Conservation & Coastal Lands /'X Land Division — Hawaii District X Historic Preservation ‘7 ll Y. Tsuji, Land Adminis -. WILLIAM J. AILA, JR. CHAIRPERSON BOARD OF LAND AND NATURAL RESOURCES COMMLSSI)N ON WATER RESOURCE MANAGEMENT 2011 AUG -q- -P 12: 14 RE£ = €I V €D L Hit_ 0.'� &1 A11 C Request to change state land use boundary for 5 acres in Honornii from agricultural to urban. Honomu, S. Hilo; TMK: (3) 2 -8- 013:063 and 064 County of Hawaii Planning Department on behalf of Peter Christopher 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 cc: Central Files ( ) We have no objections. (✓) We have no comments. ( ) Comments are atta hed. Signed: Date: NEIL ABERCROMBIE GOVERNOR Ms. BJ Leithead Todd Director County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 -4224 Dear Ms.Leithead -Todd: STATE OF HAWAII DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813 -5097 August 31, 2011 Subject: State Land Use Boundary Amendment Application (SLU 11- 000030) Applicant: Peter Christopher Request: Agricultural to Urban Tax Map Key: (3) 2 -8 -013: 063 and 064 GLENN M. OKIMOTO DIRECTOR Deputy Directors JADE T. BUTAY FORD N. FUCHIGAMI RANDY GRUNE JADINE URASAKI IN REPLY REFER TO: HWY -PS 2.9419 Thank you for consulting us regarding the subject land use boundary amendment application. We have the no objections to the applicant's State land use boundary amendment application from the Agricultural to Urban district classification subject to the following conditions: 1. The applicant shall conduct a drainage study to determine the extent of a drainage easement that will be required for the future subdivision within the existing parcel 064. This is to accommodate the water runoff to the existing Corrugated Metal Pipe (CMP) culvert under Akaka Falls Road (Route 220) depicted on Exhibit D1. No additional storm water discharge from the subdivision shall be allowed onto Akaka Falls Road right -of -way. 2. A 10 -foot wide "no vehicle access and planting screen easement" along Akaka Falls Road for future lots 1 and 8 shall be required. 3. A streetlight shall be installed at the intersection of the subdivision access roadway with Akaka Falls Road. 4. Applicant is required to submit applicable plans to Highways Division, Hawaii District for all work done within State highway right -of -way for review and approval. Planning D pte Exhibit,.... SCANNED By: 3S • Ms. BJ Leithead -Todd HWY -PS Page 2 2.9419 August 31, 2011 We have observed a trend in this "spot" type of zoning and land use changes of agricultural lots in various areas in the county, where the cumulative traffic impacts of these subdivided lots at build -out phase will eventually adversely impact our nearby State highway facilities. We suggest that the county: 1. Review and monitor the increase of development of agricultural lands and further subdivision of these lots into residential use. 2. 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. If you have any questions, please contact Ken Tatsuguchi, Head Planning Engineer, Highways Division Planning Branch at (808) 587 -1830. Very Truly Yours, ENN M. OKIMOTO, Ph.D. Director of Transportation To: Milton D Pavao, Department of Water Supply 345 Kekuanaoa Street #20 Hilo, Hawaii 96720 From: Peter Christopher PO Box 455 Honomu, HI 96728 Date: August 22, 2011 50 Thank you for your response letter of August 11, 2011 reviewing the application I have made for a state land use boundary amendment regarding TMK 2 -8- 013:063 and 064. I contacted Mr. Ryan Quitoriano on August 18, 2011 to request the reference for the statement, "As the subject parcels do not front the Department's existing water main's, water availability is limited to only one (1) unit of water per pre- existing lot of record." In particular, I mentioned that this appeared to be inconsistent with a written record of rights I have from Glenn Ahuna to Atkins, Hatami, Komata, Inaba, Nishioka, Pavao, and Antonio dated February 24 2003 (and verbally confirmed as being an ongoing commitment by Kurt Inaba in January of 2011 who noted the presence of the email in the war folder). In particular, that commitment states that [my two TMKs in question] are "entitled to up to 7 units per zoned parcel of record." Mr. Quitoriano directed me to the "Water Systems Standards" 612 -page document as the source of the policy which dictates that at most 1 water commitment is available in the case of a parcel which does not front existing water mains ( "out of bounds "). I have attempted to locate this limitation but have not found it in the "Water System Standards ". For my records, could you kindly provide the reference for this limitation. In particular, I would like to ascertain whether in the case that the fire and planning departments do concur with a catchment -based variance, whether in that case the out of bounds restriction could be waived for each out of bounds lot to have an out of bounds water meter. My request to the planning department for the present boundary amendment for the proposed subdivision is to inform them I will request a variance to require residential construction on (6) proposed lots to be using 10,000 gallon dual - purpose emergency and household catchment, while (2) lots will retain the possibility for the 14 water entitlements referenced in the February 24, 2003 record, less any water entitlements that may be used by the subdivided lots if approved by the respective departments. I request your statement of support for this present request. opy: Planning Planning Dept. Exhibit 13 7'9 7 To: Darryl Oliveira, Fire Chief Hawaii Fire Department 25 Aupuni Street #2501 Hilo, Hawaii 96720 From: Peter Christopher PO Box 455 Honomu, HI 96728 Date: August 22, 2011 • • T ;'J' 50 Thank you for your response letter of August 2, 2011 reviewing the application I have made for a state land use boundary amendment regarding TMK 2 -8- 013:063 and 064. My request for the present boundary amendment is to inform that for the subdivision I will request a variance to require residential construction on (6) proposed lots to be using 10,000 gallon dual - purpose emergency and household catchment while (2) lots use only out -of- bounds county water. Please note that at least 2 of the proposed lots are located close enough to the fire hydrant at the intersection of Akaka Falls Road and Kalani Loop to be adequately protected both by written standards and practical reality, by that hydrant; therefore the variance for (6) lots to use catchment for household and emergency use. I request your statement of support for this present request. Peter Chris pher opy: Plann 073'797 To: Newton Inouye State Depatment of Health PO Box 916 Hilo, Hawaii 96720 From: Peter Christopher PO Box 455 Honomu, HI 96728 T 50 Date: August 22, 2011 Thank you for your response letter of July 27, 2011 reviewing the application I have made for a state land use boundary amendment regarding TMK 2- 8- 013:063 and 064. I appreciate your raising the issue of the 10,000 square foot lot size due to Hawaii Administrative Rule Chapter 11 -62. While the soil at the property in question is extremely permeable, and all nearby lots are only 7,500 square feet each, I am willing to amend my intended use to increase the size of the 4 8000sqft lots to 10000sgft each, which would require an increased width of approximately 13 feet per lot. I request your statement of support for this present suggestion. Additionally, I request that the Director of Health waive in writing the option to require a NOI /permit application for the subdivision on the following grounds: (1) the use is consistent with the zoning and general plan and nearby property uses; (2) the project and request for SHPD review has been sent to SHPD as detailed in the original application; (3) the individual lots will comply with all health department and other regulations. Peter Chris opher 0'73797 RCh istopher- SLU11- 30.jwd- 09 -01 -11 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION PETER CHRISTOPHER STATE LAND USE BOUNDARY AMENDMENT (SLU 11- 000030) Upon careful review of the request, the Planning Director recommends that a favorable recommendation for the State Land Use Boundary Amendment application be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. The favorable recommendation is based on the following findings: The approval of the reclassification from the State Land Use Agricultural to the Urban District will not be violative of Section 205 -2, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules and the County General Plan. According to the Land Use Commission Rules, one of the standards for considering an area for urban reclassification states that "In determining urban growth for the next ten years, or in amending the boundary, land contiguous with existing urban areas shall be given more consideration than non - contiguous land, and particularly when indicated for future urban use on state or county general plans." The project area conforms to this standard as it is situated adjacent to existing urban- designated lands to the east, west and north, is currently zoned Single - Family Residential (RS -7.5) under the County zoning, and is designated as future urban growth (Low Density Urban) on the County's LUPAG map in the General Plan. The applicant's request is to designate 4.947 acres into the Urban District reflects the infilling of Agricultural -lands within this section of Honomu already surrounded by Urban- designated lands. Additionally, this section of land was previously designated Urban in the early 70's but a request by Pepeekeo Sugar Company was approved to change from Urban to Agricultural to allow for sugar cane cultivation. The applicant is requesting to revert the State Land Use designation for the subject properties back to its original Urban classification. The Urban District request would be consistent with the goals and polices of the Land Use and Housing elements of the General Plan. The Urban District request would be consistent with the goals, polices and standards of the Land Use - Single Family Residential and the Housing Elements of the Hawaii County General Plan by creating home ownership or rental opportunities and by increasing the housing supply for residents of Honomu in the South Hilo district. The LUPAG Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the various land uses. The LUPAG Map establishes the basic urban and non -urban form for areas within the County. The Urban District request conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map, which designates this area as Low Density Urban. Thus, the area under consideration is consistent with the urban form established for this section of South Hilo as depicted on the LUPAG Map. The urban classification also conforms to the standard that the development is within reasonable proximity to centers of trading and employment and to basic services such as schools, police and fire protection, transportation systems and water. Access to the lots is from Akaka Falls Road, which is a State owned and maintained roadway with an approximate 24 -foot wide pavement road with paved shoulders all within an approximately 35 -foot right -of -way. County water can be made available to the site with improvements, although extensive improvements will be required due to the location of the water main 870 feet away. When the applicant submits the subdivision application, the requirements of the Subdivision Code will be applied that demands the requirements of the Department of Water Supply be satisfied. While a variance from these requirements could be applied for, approval is at the discretion of the Planning Director. Police and fire protective services are available within Hilo. All other essential utilities can be made available to the property. The project site is located in an urban-like setting adequately served by transportation, utilities, commercial establishments and other amenities. The -2- reclassification will allow the property to be used for the development of an 8 -lot single - family residential subdivision. The reclassification action would conform to the following goals, objectives and/or policies of the housing element articulated in the Hawaii State Plan: The request would be consistent with the following goals, objectives and /or policies articulated in the Hawaii State Plan as it will provide greater opportunities for Hawaii's people to purchase or rent an affordable home in an area in which housing has become scarce and costly. • The orderly development of residential areas sensitive to community needs and other land uses. • Effectively accommodate the housing needs of Hawaii's people. • Increase homeownership and rental opportunities and choices in terms of quality, location, cost, densities, style and size of housing. • Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. Thus, the proposed project is consistent with the policies outlined in the Hawai`i State Plan. The property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U.S. Federal Emergency Management Agency designates the property as Zone "X ", areas outside of the 500 -year flood plain. Any improvements to the property must comply with Chapter 27 of the County Code relating to Flood Hazard Control. Thus, the reclassification meets the standard which states that the lands included within the urban district "... shall be those with satisfactory topography and drainage and reasonably free from the danger of floods, tsunami and unstable soil conditions and other adverse environmental effects." Based on the above, the approval of the reclassification from the State Land Use Agricultural to the Urban District will not be violative of Section 205 -2, Hawaii Revised -3- Statutes, nor will it be inconsistent with the Land Use Commission Rules and the County General Plan. The accompanying draft bill to amend the State Land Use Boundaries Map is provided for your favorable consideration. COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY OF HAWAI`I BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL TO THE URBAN DISTRICT AT HONOMU, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2 -8- 013:063 & 064. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. The State Land Use Boundaries Maps for the County of Hawai`i are amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Honomu, South Hilo, Hawai`i, shall be Urban: Beginning at the east corner of this parcel of land on the northwest right -of -way of Akaka Falls Road, State Highway 220, being the east corner of Lot 6 of that `Consolidation and Resubdivision of R.P. Grant 896 to Kaina, and R.P. Grant 1061 to Kahinu and Kanae', and other lands as shown on the plan prepared by Murray, Smith and Associates, October 1, 2001 on file at Hawai`i County Planning Dept. as Subdivision # 7470, the coordinates of said Point of Beginning referred to Government Survey Triangulation Station "LAIMI NEW' being 1,842.63 feet North and 2,767.37 feet West and thence running by azimuths measured clockwise from true South: 1. 40° 55' 00" 371.52 feet along said northwest right -of -way of Akaka Falls Road, to the south corner of Lot 5 of said Subdivision # 7470, thence; 2. 138° 31' 00" 467.11 feet along the northeast boundary of Lots 3 and 4 of said Subdivision # 7470 to the southeast boundary of that `Subdivision of Grant 896 to Kaina, and a Portion of Grant 1061 to Kahinu and Kanae' prepared by John N. Smith dated December 20, 1952 filed in Hawai`i County Planning Dept. as Subdivision # 633, thence; 3. 196° 45' 30" 95.17 feet along the southeast boundary of Lots 6 and 7 of said Subdivision # 633, thence; 4. 176° 59' 00" 96.46 feet along the southeast boundary of Lots 7 and 8 of said Subdivision # 633, thence; 5. 159° 42' 00" 104.56 feet along the southeast boundary of Lot 9 of said Subdivision # 633, to the south boundary of that `Subdivision of a Portion of Grant 1061 to Kahinu and Kanae' prepared by John N. Smith dated March 25, 1960 filed in Hawai`i County Planning Dept. as Subdivision # 1477 thence; 6. 240° 39' 30" 91.85 feet along the south boundary of Lots A and B of said Subdivision # 1477 to the south corner of that `Subdivision of a Portion of Grant 1061 to Kahinu and Kanae' prepared by John N. Smith dated August 8, 1950 filed in Hawai`i County Planning Dept. as Subdivision # 326, thence; 7. 239° 01' 00" 101.51 feet along the southeast boundary of Lots 4 and 3 (por.) of said Subdivision 326 to the west corner of the `Pepeeke6 Sugar Company Armory Subdivision, Series 2' prepared by James H. Armitage dated January 6, 1960 filed in Hawai`i County Planning Dept. as Subdivision # 1735, thence; 8. 318° 31' 00" 603.47 feet along the southwest boundary of Lots 28 through 36 of said Subdivision # 1735 to the Point of Beginning, enclosing an area of 4.947 acres, more or less. -2- All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 3. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAI`I Hilo, Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: AGRICULTURAL TMKs: (3) 2-8-0 3:063 AND :064 AGRICULTURAL TO URBAN 4.947 ACRES TOTAL AREA AGRICULTURAL 0 250 500 1,000 1,500 AMENDMENT TO THE STATE LAND USE BOUNDARIES MAPS AMENDING THE STATE LAND USE BOUNDARIES MAP FOR THE COUNTY OF HAWAII, BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL DISTRICTTO THE URBAN DISTRICT AT HONOMU, SOUTH HILO, HAWAI'I TMKs: (3) 2 -8- 013:063 & 064 MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT DATE: Jul 19, 2011 EXHIBIT "A" Peter Christopher Map: 11 -181 COUNTY ZONING MAP a Q 2 z 0 a z 0 (i) w Clt w N D Z Q J W Ii•-• Q H N STATE LAND USE BOUNDARY AMENDMENT 3 z THE APPLICANT IS REQUESTING A State Land Use Boundary Amendment from Agricultural to Urban for approximately 4.947 acres of land, which consists of two (2) parcels. The applicant intends to subdivide the property into eight (8) lots (or fewer). The applicant plans to retain the two (2) larger lots and build a home for his family. PLANNING DIRECTOR'S RECOMMENDATION Favorable Recommendation to the Hawai'i County Council