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COM 0492.000 2010-2012
�'N`v qs M 4, William T.Takaba William P.Kenoi . :.� ,„ \��.• Managing Director Mayor • G �e4-`)4 ;' Wally Lau ate 1-;:".%:;1,-.--- N►`� Deputy Managing Director County of Hawaii 25 Aupuni Street • Hilo,Hawaii 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Me Keohokalole Highway • Kailua-Kona,Hawaii 96740 (808)323-4444 • Fax(808)326-5663 November 23, 2011 Honorable Dominic Yagong, Chairman and Members of the County Council County of Hawai`i q c, 25 Aupuni Street _ c, Hilo, HI 96720 a� ha --1 Dear Chairman Yagong and Members: to r. —‹ Change of Zone Application(REZ 11-000144) rn Applicant: Diane Uyeda and Garret Sasaki Request: Open to MCX-20 v = Tax Map Key: 2-2-035:070 /Change of Zone Application(REZ 11-000142) Applicant: Sonomura Rentals Request: A-3a to FA-la Tax Map Key: 2-2-048:10, 120-123 As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Windward Planning Commission's letters and enclosures regarding the above-referenced requests. erely, fi g ref.William P. enoi Mayor Enclosures cc: Planning Department ( 1 'I 156) Hawai`i County is an Equal Opportunity Provider and Employer Comm. 1140.......2.cl a- • Ref. To: Ref. Uate NOV 2 8 2011 j .... .OF MOM i•'_\\ •IT '0. County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720 Phone(808)961-8288 • Fax(808)961-8742 NOV 7 3 2011 The Honorable Dominic Yagong, Chairman and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yagong and Council Members: Change of Zone Application (REZ 11-000142) Applicant: Sonomura Rentals Request: A-3a to FA-la Tax Map Key: 2-2-048:10, 120-123 The Windward Planning Commission, at its duly advertised public hearing on November 3, 2011, considered the above-referenced request for a Change of Zone from an Agricultural 3-acres (A-3a) to a Family Agricultural 1-acre (FA-1a) zoned district for approximately 14.729 acres of land. The property is a part of the Ka`oko`a Subdivision located along the west side of Awa Street, approximately 175 feet south of the Awa Street and Mahiai Street intersection at Waiakea, South Hilo, Hawaii. The Planning Director recommended favorable consideration of the request to the County Council. The Commission, however, after considering the entire record and testimony, voted to send an unfavorable recommendation to the County Council. The Commission felt that the subject request was not in the best interest of the community and that the preservation of agricultural lands is important. We are enclosing a draft bill to amend Section 25-8-33 (City of Hilo Zone Map), Chapter 25 (Zoning Code) of the Hawai`i County Code. Please note that because of this unfavorable recommendation, there are no proposed conditions attached to the draft bill. Hawai`i County is an Equal Opportunity Provider and Employer The Honorable Dominic Yagong, Chairman and Members of the County Council Page 2 Also enclosed for your information are the staff Background Report, Planning Director's Recommendation, Power Point presentation, and transcript of the hearing. Sincerely, Zendo Kern, Chairman Windward Planning Commission Lsonomurarez 11-000142#2 Enclosures cc: Sonomura Rentals Ms. Lori Mikkelson Department of Public Works Department of Water Supply Ivan Torigoe, Esq. Amy Self, Esq. Bill 156/Comm. 492 BSonoREZ.doc-10/3/11 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT SONOMURA RENTALS,LLC CHANGE OF ZONE APPLICATION(REZ 11-142) SONOMURA RENTALS,LLC has submitted an application for a Change of Zone from Agricultural 3-acres (A-3 a)to Family Agricultural 1-acre (FA-1a) for approximately 14.729 acres of land. The properties are part of the Ka`oko`a Subdivision located along the west side of Awa Street approximately 175 feet south of the Awa Street and Mahiai Street intersection at Waiakea, South Hilo, Hawai`i, TMK: 2-2-48: 10, 120, 121, 122, 123. PROPOSED ACTION 1. Request: Change of Zone from Agricultural 3-acre (A-3a)to Family Agricultural 1-acre (FA-la)for approximately 14.729 acres of land to consolidate the six(6)properties to resubdivide into 12 family agricultural lots. (Planning Department Exhibit 1 -Change of Zone application) 2. Landowner: Sonomura Rentals, LLC. OTHER INFORMATION 3. June 27, 1996: Effective date of Ordinance No. 96 73 (REZ 821)which amended the district classification of the 14.7-acre property from A-10a to A-3a. 4. October 25,2007: Effective date of Subdivision No. 06-125. The property was subdivided into four lots ranging in size from 3.151 to 3.958 acres. 5. March 18,2009: The County Council denied a request for a State Land Use Boundary Amendment from Agricultural to Urban and a Change of Zone from A-3a to RA-.5a for approximately 6.3 acres of land on TMK: 2-2-48: 10 and 120 to subdivide the properties into 12 residential/agricultural lots. 6. FA zoning: (P.D.Exhibit 2 -FA,Family Agricultural Districts, Chapter 25,Zoning Code,Division 6) STATE AND COUNTY PLANS 7. State Land Use Designation: Agricultural. 8. GP LUPAG Map: Low Density Urban. 9. County Zoning: A-3a. 10. Special Management Area (SMA): The properties are located approximately 4 miles from the coastline and not situated within the SMA. DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA 11. Project Site: The project site consists of four vacant parcels, each approximately three acres in size. According to the applicant,the vacant 51-year old dwelling on parcel 10 will be sold. There are macadamia nut trees on the project site that have not been maintained. Portions of the project site were previously utilized as pasture. 12. Surrounding Zoning/Land Uses: Immediate surrounding properties are in the State Land Use Agricultural district, zoned A-10a and A-3a and in residential or agricultural uses. Nani Mau Gardens is located southeast of the site on Makalika Street. The Waiakea Uka Flood Control Project is located on the northern boundary of parcels 10 and 121. The flood control project was constructed to the Federal Emergency Management Agency's (FEMA)standards to manage flood waters in the area. 13. ALISH: Other Important Agricultural Land; land other than Prime or Unique Agricultural Land of statewide importance for the production of food, feed, fiber and forage crops. 14. Land Study Bureau's Detailed Land Classification System: "E" or"Very Poor." 15. U.S. Soil Survey: rPAE, or Papai Series,which consists of well-drained,thin, extremely stony organic soils over A'a lava. 16. FEMA: Zone "X", areas determined to be outside the 500-year flood plain. 17. Flora/Fauna Resources: No formal flora/fauna study was submitted as a portion of the project area was used as a dwelling site. 18. Archaeological Resources: No formal archaeological study was conducted. The applicant believes that due to the prior use of the site for dwelling purposes, it is highly unlikely that any archaeological, cultural, or historic sites are present on the site. By email dated June 30, 2011, the applicant's representative has requested a letter of"no effect"from the DLNR-HPD. The DLNR-HPD has not responded as of this writing. 19. Cultural or Native Gathering Rights: According to the applicant, there are no traditional and customary Native Hawaiian rights being practiced on the site. 20. Public Access: None that traverses the properties. -2- PUBLIC UTILITIES AND SERVICES 21. Access: Access to the project site is from Awa Street, a County roadway with a 50-foot right-of-way,to Ka`oko`a Way, a private roadway with a 20-foot wide pavement and a 50-foot right-of-way. The Zone Map(Ordinance No. 187)identifies Awa Street as a collector of 60-foot width. The tentative approval for Subdivision No. 96-125 required a 5-foot wide future road widening. The Department of Public Works(DPW)recommends that the applicant provide improvements to the entire frontage along Awa Street consisting of,but not limited to,paved shoulder and swale and any required utility relocation,meeting with the approval of the Department of Public Works. The DPW also recommends the applicant provide improvements to the existing 20-foot wide pavement within the 50-foot wide Ka`oko`a Place right-of-way consisting of,but not limited to, paved shoulders and swales,meeting the requirements of Section 23-86 of the Hawai`i County Code. 22. Water: County water is available from an existing 6-inch waterline within Ka`oko`a Place fronting the parcels. 23. Wastewater: The proposed lots will utilize individual wastewater treatment systems meeting with the approval of the Department of Health. 24. Solid Waste: Solid waste will be disposed of at appropriate sites designated by the Department of Environmental Management. 25. Essential Utilities and Services: All essential utilities are available to the project site. Emergency services are available from the Kawailani Fire Station and Police Department in Hilo. AGENCIES' COMMENTS 26. Department of Public Works: P.D.Exhibit 3- September 13,2011 and September 15,2011 memos 27. Department of Water Supply: P.D.Exhibit 4-September 1,2011 memo 28. Police Department: P.D.Exhibit 5-August 1,2011 memo 29. Fire Department: P.D. Exhibit 6-August 2,2011 memo 30. Department of Environmental Management: P.D.Exhibit 7-July 27,2011 and July 28,2011 memos -3- 31. Office of Housing and Community Development: P.D. Exhibit 8 -July 28,2011 memo 32. DLNR Land Division: P.D. Exhibit 9 -August 22,2011 letter and attachments 33. Department of Health: P.D. Exhibit 10-July 27,2011 memo 34. State Department of Transportation: P.D.Exhibit 11 - September 13,2011 letter and applicant's response letter AGENCIES AND ORGANIZATIONS-NO RESPONSES 35. DLNR-HPD,Land Use Commission,Department of Agriculture APPLICANT'S RESPONSES TO AGENCIES' COMMENTS 36. None as of this writing. PUBLIC COMMENTS 37. P.D.Exhibit 12 -July 18, 2011 letter from Trent Y. Hata 38. P.D. Exhibit 13 - Letter from Annique Daquep 39. P.D.Exhibit 14 -August 8,2011 letter from Sherlette Shiigi 40. P.D. Exhibit 15-August 10, 2011 letter from Royanne Shiigi 41. P.D.Exhibit 16 -August 11, 2011 letter from David R. Shiigi 42. P.D. Exhibit 17-August 12, 2011 letter from Logan YH 43. P.D. Exhibit 18 -August 22, 2011 letter from Sherlette Shiigi and following individuals: • Jose E. Soriano,August 18,2011 • Donald Shintaku,August 18, 2011 • Van Kashiwamura, August 18, 2011 • Gerald Silva,August 18, 2011 • Jack Fujii,August 18,2011 • Gale I. Wallace,August 18, 2011 • Damien D. Arruda, Jr.,August 18, 2011 • Elvis Y. Kimura,August 18, 2011 • Ramon Cabison, Jr.,August 18,2011 • Joshua Andrews,August 18, 2011 • Michael F. Divinski,August 18, 2011 • E.S. Kelbo,August 16, 2011 -4- • Arthur Honig,August 17, 2011 • Janice Crowl,August 18, 2011 • Tibor Halmagyi, August 16, 2011 • Dennis Ida,August 16, 2011 • Diane Kurohara, August 16, 2011 • Charles Sakoda,August 16, 2011 • Royanne Shiigi, August 16, 2011 • Annique Daquep,August 16, 2011 • Sue M. Ota,August 17, 201 • Patricia Young,August 18, 2011 • James T. Takahashi,August 17, 2011 • Oliney K. Waipa, Sr.,August 17, 2011 • Jamie and Charles Branco, August 18, 2011 • Fumiko Hakoda,August 16, 2011 • Loraine Terada,August 18, 2011 • Carla Takamine, August 18, 2011 • Shigeto Setoda and Yaeko Setoda,August 15, 2011 • Thomas T. Setoda, August 15, 2011 • Lembi James,August 19, 2011 • Sarah Tamura,August 16,2011 • Tracey Kapuni,August 16,2011 • Bryan N. Yoshida, August 16, 2011 • Rana Suginohara,August 16,2011 • Kayleen A. Yuda,August 20, 2011 • Sue Mukai,August 20. 2011 • Chikao Mukai,August 20, 2011 • Mitsuki Matsunaga,August 17,2011 • Lynette Uyesato, August 18, 2011 • Charlene Pualani Gaspar, August 24, 2011 -5- 44. P.D. Exhibit 19 -August 28, 2011 letter from Lynn S. Okura 45. P.D. Exhibit 20-August 24,2011 letter from Ray K. Kawachi 46. P.D. Exhibit 21 -August 25, 2011 letter from Janis Parker -6- rt pesi2.,F. ! ----,• CHANGE OF ZONE APPLICATION APPLICANT: SONOMURA RENTALS AG-3a TO FA-la TM K: (3) 2-2-048:010, 120, 121, 122 & 123 ALL AINA SERVICES P.O. BOX 291 LAUPAHOEHOE, HAWAII 96764 Planning Dept. Exhibit / County of Hawaii Dept. of Public Works Building Division 101 Pauahi Street Suite 7 Hilo, HI 96720 April 18, 2011 To Whom It May Concern: TMK: (3)2-2-048:010 Sonomura Rentals LLC has retained the services of All Aina Services to act on its behalf for a Change of Zone Application. Any and all questions regarding the application may be forwarded to them. I have authorized their agents to act on my behalf concerning any inquiries that may arise. All Aina Services P.O. Box 291 Laupahoehoe, Hi 96764 (808) 969-3882 A Amoisatd, Authorized Representative for Sonomura Rentals All Aina Services P.O. Box 291 Laupahoehoe HI, 96764 CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Sonomura Rentals LLC APPLICANT'S SIGNATURE: jill AttWAlli DATE: 1A I II ADDRESS: P.O. Box 5058 Hilo,Hawaii 96720 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S)INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (Res.) (Fax) LANDOWNER(S): Sonomura Rentals LLC LANDOWNER SIGNATURE(S): DATE: (May be by letter) LANDOWNER(S)ADDRESS: P.O. Box 5058,Hilo,Hawaii 96720 REQUEST: Ag-3a TO FA-la (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) 2-2-048:010, 120, 121, 122 ll3 STREET ADDRESS OF PROPERTY: Awa Street,Kaokoa Subdivision,Waiakea, South Hilo, Hawaii SIZE OF PROPERTY OR AFFEC'T'ED AREA(S)TO BE REZONED: 1472.9 acres AGENT: All Aina Services ADDRESS: P.O. Box 291 Laupahoehoe,Hawaii 96764 '1'ELEPHONE:(Bus.) (808)969-3882 (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Owners COPIES: Agent ATTACHMENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE I . If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? Yes If yes, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? 14.729 b. Into what lot sizes? 1+ c. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? 9 mos d. Do you intend to build houses on the newly created lots? No If yes, please answer the following questions: On how many of those lots? At what approximate price range? House Lot Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. OK 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? b. Sell or lease the land to someone who has tentative plans? C . Sell or lease the land to someone who has no plans? d. Keep it? e. P. D. 2 5/84 I , If you intend to do either a, b, c, please elaborate on the kind of plans the other party has. Please, also , include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? No How? 4. Are there any buildings on the subject area? Yes If so, what kind? One single-family dwelling What do you intend to do with those buildings if your request is approved? Sell 5. Is the subject land currently being used for any agricultural activity? Yes If so, please list the kinds of products grown and on how many square feet or acres of land per product. Cattle pasture except for appoximately one acre 6. Was your request to allow for the creation of smaller agricultural lots? No If so, did your plan include the following considerations? a. Commodity to be produced? What kinds of commodity? b. Suitability of the proposed lot-size for that commodity? C . Sufficient farm size to allow reasonable chance of success in commercial agriculture? -2- d . Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? Please state the proposed type of arrangement. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. To provide residential and small agricultural activities on small acreage 7. To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. 8. Do you think that the roads leading to the subject area needs improvements? No If so, what kind? Is the road adequate for the proposed traffic volume or load? Yes 9. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools No b. Roads No No c, Sewer d. Drainage No -3- Yes No e . Police Protection x f . Fire Protection x x 9, Recreational Facilities x h . Public Utilities x I . Other For those checked "yes", please elaborate what type or kinds of improvements and/or assistance are needed. Signature: /c IC , Address: PO Box 5058,Hilo,Hawaii 96720 Telephone: / 896-8520 Date: 711 l -4- Background Report and Environmental Report for a Change of Zone Application(A-3a to FA-1a) TMK: (3)2-2-048:010,120,121,122&123 I. INTRODUCTION The applicant,Sonomura Rentals LLC,is the owner of the subject parcel that constitutes this application. The parcel consists of 14.729 acres. The applicant would like to receive a Change of Zone from Agricultural 3-acre (Ag3-a)to Family-Agricultural 1-acre (FA-1a). II. PROJECT LOCATION The property is located on Kaokoa Place,along the west side of Awa Street, in Kaokoa Subdivision, Panaewa Farm Lots,Waiakea,South Hilo District, Island of Hawaii. III. PROJECT DESCRIPTION The applicant is requesting a Change of Zone from Agricultural 3-acre to Family-Agricultural 1-acre in order to subdivide the 14.729 acres into 12 agricultural/residential lots, each having a minimum area of one acre. There is a single-family dwelling on lot 010 fronting Awa Street. IV. CONFORMANCE WITH STATE AND COUNTY PLANS a. State Land Use Designation: The subject parcels are situated within the State Land Use Agricultural District. b. Applicable goals/policies and objectives of the General Plan: The propose change of zone is consistent with the following goals, policies and objectives of the General Plan. Economic Element: • Provide residents with opportunities to improve their quality of life through economic development that enhances the county's natural and social environments. • Economic development and improvement shall be in balance with the physical,social and cultural environments of the island of Hawaii. • Provide an economic environment that allows new, expanded or improved economic opportunities that are compatible with the County's cultural, natural and social environment. Land Use Element: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social,cultural and physical environments of the County. • Zone urban and rural types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood,community, region and County. 1 • Zoning requests shall be reviewed with respect to General Plan designation,district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses,availability of public services and utilities,access and public need. c. The General Plan Land Use Allocation Guide Map (LUPAG)designates the parcels"Low Density Urban". The request would be consistent with that designation. In the Hawaii County Zoning Code, Chapter 25, Family Agricultural Districts, it states"this district is intended to be primarily comprised of agricultural lands less than five acres in area,which are not classified as A or B lands under the land study bureau's rating,or classified as prime, unique,or other important agricultural lands. Provided,that this district may include lands so classified if the lands are situated within an urban expansion or other urban designation under the LUPAG map." d. Applicable goals/policies,objectives and priority guidelines of the Hawaii State Plan: The Change of Zone request is consistent with the following goals,objectives and priority guidelines of the Hawaii State Plan. Goal • A strong,viable economy,characterized by stability, diversity and growth,that enables the fulfillment of the needs and expectations of Hawaii's present and future generations. Objective • Plan the development and availability of land and water resources in a coordinated manner so as to provide for the desired levels of growth in each geographic area. Population Growth and Land Resources Priority Guidelines • Encourage urban growth primarily to existing urban areas where adequate public facilities are already available or can be provided with reasonable public expenditures, and away from areas where other important benefits are present, such as protection of important agricultural land or preservation of lifestyles. • Make available marginal or nonessential agricultural lands for appropriate urban uses while maintaining agricultural lands of importance in the agricultural district. e. Zoning: The parcels are zoned Agricultural 3-acres. f. Chapter 205A, Coastal Zone Management: The whole state of Hawaii is within the Coastal Zone Management Area. g. Special Management Area: The subject parcels are outside the County's adopted Special Management Area. h. Community Development Plan: The Hilo Community Development Plan (Hilo CDP) adopted by the Planning Commission in 1975,designates the area as Agricultural-10 acre. In 1996,this was amended to Agricultural-3 acre by Ordinance No.96 73. 2 V. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA a. Description of the subject property: The property consists of four parcels,approximately three acres in size. There is a rented dwelling, built in 1957,on parcel 010. The parcels are fairly flat and are currently used as pasture for cattle. Portions of the property have been planted with macadamia nut trees that have not been maintained. b. Lava Hazard Zone: The United States Geological Survey classifies the Hilo area, including the subject parcels,as Lava Flow Hazard Zone 3,on a scale of ascending risk,9-1, due to the city's location down slope of Mauna Kea. c. Distance from the coastline: The parcels are approximately four miles from the coastline. d. Agricultural Land of Importance in the State of Hawaii (ALISH) designation: Other Important Agricultural Land; land other than Prime or Unique Agricultural Land of statewide importance for the production of crops. e. U.S.D.A. Natural Resources Conservation Services Soil Service Report: Soils of the area are classified as being of the Papai Series,which consists of well-drained,thin, extremely stony organic soils over A'a lava. f. Land Study Bureau soil rating: "E"or"Very Poor". g. Flood Insurance Rate Map (FIRM)designation: "X",areas determined to be outside the 500-year floodplain. h. Existing drainage ways or improvements: The Waiakea Uka Flood Control Project is located on the property's northern boundary. The project was constructed to the Federal Emergency Management Agency's (FEMA)standards to manage flood waters in the area. i. Air/Noise: In general,the ambient air quality of the subject parcel meets all federal and state standards as evidenced by its designation as an "attainment" area by the state Department of Health, Clean air Branch. The windward side of the Big Island is subject to voggy conditions, due to the Kilauea eruption,when the trade winds cease. Existing noise levels are those of a residential/rural neighborhood with little traffic. j. Historic and Cultural Resources: There are no archaeological or historic sites on the subject parcels. Cultural resources associated with traditional and customary native Hawaiian rights have not been identified on the property. An additional no-effect letter was requested from the Department of Land and Natural Resources, State Historical Preservation Division on June 30, 2011. k. Natural Resources: Portions of the property have been planted in macadamia nuts that have not been maintained. As the rest of the property has been used as cattle pasture for many years, it is not likely that endangered plants or animal species are present. I. Scenic or coastal resources: As the subject parcels are approximately four miles from the shoreline, there are no coastal resources. The parcels are not listed as a natural beauty site. 3 m. Public access: No public access or trails have been identified with the subject area. n. Social settlement pattern for the area: The parcels are located in a community with mixed agricultural and residential uses. Surrounding properties are zoned Agricultural ten acres (A-10a)to the north and east, and Agricultural three acres(A-3a)to the south and west. Within close proximity are other zoning designations including Agricultural one acre (A-1a), Family Agricultural three acres and one acre(FA-3a and FA-1a)and Residential and Agricultural half-acre(RA-.5 a),and Single-Family Residential ten thousand square feet(R5-10). Nani Mau Gardens is located to the south of the subject area. o. Economic resources of the area: The subject area is composed of mainly single-family residences and agricultural pursuits. The Nani Mau Gardens, located southeast of the site on Makalika Street, provides tourist and meeting facilities with a restaurant and gift shop. The Panawea Ag Park consists of 460 acres,subdivided into 28 lots,which are leased to small farmers at a reasonable cost. The University of Hawaii at Hilo operates its agricultural research farm approximately a mile from the parcels. The State Correctional Facility is also less than a mile from the property. As the subject parcels are located on the outskirts of the City of Hilo,they are still relatively close to employment centers,schools,shopping centers,churches,and airport and harbor facilities. p. Surrounding land uses and zoning: Immediate surrounding properties are in the State Land Use Agricultural district,zoned A-10a and A-3a and in residential or agricultural uses or vacant. Six parcels across Awa Street in the same plat are approximately one acre. VI. PUBLIC FACILITIES AND SERVICES a. Access: Access to the property is from Awa Street,a county roadway with a 50-foot right-of-way,to Kaokoa Way, a private road with a 20-foot wide pavement and a 50-foot right-of-way. b. Water: County water is available from an existing 6-inch waterline within Kaokoa Place fronting the subject parcels. On September 11, 2008,the County of Hawaii Department of Water Supply acknowledged receipt of the required$1500.00 water commitment deposit for the applicant's previous zoning application. The water commitment of 6000 gallons per day is granted until September 30, 2011. (See attached letter) c. Sewage disposal: The present single-family dwelling is serviced with a cesspool. The proposed lots will utilize individual wastewater treatment systems meeting with the approval of the Department of Health. d. Solid waste: The Hilo Landfill is the nearest solid waste disposal location. e. Police and fire protection: Emergency services are available from the Kawailani Fire Station and Police Department in Hilo. f. Schools: The proposed parcels are served by Waiakeawaena Elementary, Middle and High Schools. g. Parks: Malama Park,which includes tennis courts, playground and playfield facilities,is under a mile 4 away from the proposed parcels. The Panaewa Recreation Complex,which includes the Rainforest Zoo and the Equestrian Center, and the Hilo Municipal Golf Course are located within two miles of the property. VII. ENVIRONMENTAL ASSESSMENT AND ANALYSIS a. Relationship between local short term uses of environment and maintenance and enhancement of long term productivity: Although the proposed parcels are located in the State Land Use Agricultural District,they are not well-suited for extensive agricultural use because of the poor soil conditions as shown by the Land Study Bureau's Soil Rating of"E"or Very Poor. The rezoning of this 14.729 acre area will not be detrimental to the agricultural inventory in the County. Approval of the subject change of zone application will still allow a mix of residential and agricultural uses to continue but will result in a more efficient utilization of the land. The property is designated Low Density Urban,which reflects single-family uses residential in nature. b. Mitigative measures proposed to avoid, minimize, rectify or reduce impact: Impacts resulting from the proposed change of zone are expected to be minimal. Any potential impacts can be mitigated by complying with all applicable code requirements. c.Alternatives to the proposed development: In the event that the change of zone application is not approved,the Ag-3a zoning will remain,and the subject parcels will continue to pasture cattle. d. Irreversible and irretrievable commitments of natural resources: The proposed parcels are designated "Other Important Agricultural Land" by the ALISH system, but the Land Study Bureau Rating of"E"or Very Poor shows that the area is not well suited for intensive agricultural use because of the poor soil conditions. The conversion of these agricultural lands for a 12 lot family and agricultural subdivision will not adversely affect the agricultural productivity of the County of Hawaii. 5 • No Effect Letter- Yahoo! Mail Page 1 of 1 , o ?? MAIL ciattic No Effect Letter Thursday,June 30, 2011 9:47 AM From: "Lori Mikkelson" <aHainapermitting @yahoo.com> To: "theresa donham" <Theresa.K.Donham @hawaii.gov> Hi Theresa, This letter replaces a request previously sent to you on May 5, 2011. SUBJECT: Request for comment on a Change of Zone Application from Agricultural 3 acres (Ag-3a)to Family-Agricultural 1 acre(FA-1 a) APPLICANT: Sonomura Rentals LLC LOCATION: Waiakea Ahupua'a, South Hilo District, Island of Hawaii TMK: (3)2-2-048:010, 120, 121, 122, & 123 We have a no effect letter from SHPD from a previous failed re-zoning that only covered lots 010 and 120, and asked for a Change of Zone from A-3a to RA 0.5a. LOG NO: 2008.3025, DOC NO: 0807MD91. If re-zoning is approved, the 14.729 acres would be subdivided into 12 1+ acre parcels. All Aina Services P.O. Box 291 Laupahoehoe HI, 96764 (808) 969-3882 allainapermitting@vahoo.com LINDA LINGLE GOVERNOR OF HAWAII "?te::,,• Fj� j(�g pp q R� ES `B�" LAUP.A H.THfELEN tIR A!id 6 V ;I(.¢L ��t re, J g�'t"F•r BOARD OF LAND AND NATURAL RESOUIM -rr - t C- ' COMMISSION ON WATER RESOURCE MANAGE Pi� P• -�''; RUSSELL Y.TSUJI uAN�••��F�. � . I 7 ENT T-4.,:', ,� FIRST DEPUTY VVlj�1f•I Y � L r,�A�'e per:: < KEN C.KAWAHARA i r I If'�\��Ii'�I ''Cc<S"r-..W�'" Duurt DIRECTOR-WATER � 4.0 STATE OF AQUATIC RESOURCES BOATING AND OCEAN RECREATION DEPARTMENT OF LAND AM)NATURAL RESOURCES BUREAUTER RESOURCE COMMISSION ON MANAGE CONSERVATION AND COASTAL LANDS AND RESCES STATE HISTORIC PRESERVATION DIVISION CONSERVATION u>mRRI G ENFOncEn+. 601 KAMOKILA BOULEVARD ROOM 555 MISITIRIC RYRES VAT OE July 25,2008 KAPOLEI,HAWAII 96707 ISLAND RESERVE LAND STATE PARKS Christopher J.Yuen,Planning Director LOG NO: 2008.3025 County of Hawaii Planning Department DOC NO:0807MD91 101 Pauahi Street, Suite 3 Archaeology Hilo,Hawaii 96720-4224 Dear Mr. Yuen: SUBJECT: Chapter 6E-42 Historic Preservation Review— Request for Comment on a State Land Use Boundary Amendment Application (SLU 08-000020),Ag to Urban Change of Zone Application(REZ 08-000081),A-3a to RA 0.5a for Applicant Sonomura Rentals,Inc. Waiakea Ahupua`a,South Hilo District,Island of Hawaii TMK: (3)2-2-048:010& 120 Thank you for the opportunity to comment on the aforementioned project,which we received on July 24„ 2008. We determine that no historic properties will be affected by this undertaking because: ❑ Intensive cultivation has altered the land ® Residential development/urbanization has altered the land Previous grubbing/grading has altered the land ❑ An accepted archaeological inventory survey(AIS)found no historic properties ❑ SHPD previously reviewed this project and mitigation has been completed ❑ Other: In the event that historic resources, including human skeletal remains, cultural materials, lava tubes, and lava blisters/bubbles are identified during the construction activities, all work needs to cease in the immediate vicinity of the find, the find needs to be protected from additional disturbance, and the State Historic Preservation Division, Hawaii Island Section, needs to be contacted immediately at (808) 981- 2979. Please contact Morgan Davis at (808) 981-2979 if you have any questions or concerns regarding this letter. Aloha, C a%z Nancy McMahon, r. SCANNED Archaeology and Historic Preservation Manager EXHIBIT ta State Historic Preservation Division g§ 3 8089618080 DEPART.WATER SUP 0909 16 a m. 11-10-2009 1 r2 Post-Ite Fax Note 7671 ID81e41k010, eltags11'k_ — I oTo (� 50Ylarhura From Kean �r IGi Vri )I 4.� �� CoiDept. ICo. b1 5 i t� Phone r< Phone k 4f DEPARTMENT OF 1M `Faxs = �J 5 f7i Faze�'MArttA 348 KEKDANAO'A TELEPHONE(eue)aoi•euau • rMA toVo)aor-soar September 11,2008 Mr.Roy Sonomura Sonornura Rentals,Inc P.O.Box 5058 Hilo, HI 96720 STATE LAND USE BOUNDARY AMENDMENT APPLICATION(SLU 08-000020) REQUEST:AGRICULTURAL TO URBAN CHANGE OF ZONE APPLICATION(REZ 08-000081) APPLICANT—SONOMURA RENTALS,INC. REQUEST: A-3A TO RA-.5A TAX MAP KEY 2-2-048:010 AND 120 This is to acknowledge receipt of the required$1,500.00 water commitment deposit for the subject application. Receipt No.257350 is enclosed for your records. For the applicant's information,before any water services will be granted,the water system improvements, together with all necessary easements from the previous subdivision(Subdivision Application No.96-125), must be conveyed to the Water Board of the County of Hawai`i. Pursuant to Rule S of the Department's Rules and Regulations,a water commitment in the amount of 6,000 gallons per day,or 10 additional units of water at a maximum of 600 gallons per day,per unit,is hereby granted until September 30,2011,with the following conditions: I. Construct necessary minimum water system improvements,which shall include,but not be limited to: a. installation of a service lateral that will accommodate a 5/8-inch sized meter to each lot, b. subject to other agencies'requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development,the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities,should they be necessary,and c. fire hydrants spaced no more than 600 feet apart and within 300 feet of the driveway or access for each lot. On dead-end streets,the last fire hydrant shall be located at one-half the distance from the last house,or unit,fronting the property line,or to the driveway or access for the property. Submit construction plans prepared by a professional engineer,registered in the State of Hawai`i,for review and approval. 2. Remit the facilities charge balance,which is subject to change,as shown below: ... Water drin94 progress... The Department of Water Supply rs an Equal Opportunity provider and employer.To Me a complaint of discrimination,wnte.USDA,Director.once of Civil 1 Rights,Room 326-W,Whitten BuMding,14th and Independence Avenue,SW,Washington DC 20250.9410.Or call(202)720-5964(voice and TOD) • 8089618080 DEPART WATER SUP 09:09'31 a m. 11-10-2009 2/2 I ( Mr.Roy Sonomura Page 2 September 11,2008 FACILITIES CHARGE(FC): FC paid and service laterals installed for 2 meters 10 acklitiopal unitt of .500.00/unit 555,000.00 Total FC $55,000.00 WATER COMMITMENT DEPOSIT CREDIT(WCD): .10 additional unit())at S I 50.00/unit ( 1300.00) Total Amount $53,500.00 This is due and payable upon completion of the installation of the required water system improvements and prior to final approval being granted. For your information,water commitment deposits are credited towards the final facilities requirement for the development. Note that the amount of water commitment deposit may exceed the prevailing facilities charge amount;for example,when requests for time extensions continue and are approved. Until the development is finally completed,these are separate and unrelated items. In the event that water commitment deposits exceed the facilities charge,no refunds are applicable. 3. Submit the appropriate documents,properly prepared and executed,to convey the water system improvements and necessary easements to the Water Board of the County of Hawaii i prior to final subdivision approval being granted. A registered land surveyor shall stamp and certify the metes and bounds description within the conveyance documents. However,prior to water meter services being granted to the development,or any lots within,the conveyance documents shall be accepted by the Water Board. 4_ Comply with all other applicable policies and requirements of the Department's Rules and Regulations. Noncompliance may be cause for voiding this water commitment,at which time availability will be subject to change in accordance with prevailing water system conditions,policies,and Rules and Regulations. Should there be any questions,please contact Mr.Ryan Quitoriano of our Water Resources and Planning Branch at 961-8070,extension 256. Sin - - •urs, U M Pavao,P.E. RQ:dfg Enc. copy— (w/o enc.)Planning Department (w/o enc.)Brian Nishimura REZONE DESCRIPTION LAND SITUATED AT WAIAKEA, SOUTH HILO, ISLAND OF HAWAII, HAWAII, BEING A PORTION OF GRANT 13,034 TO ISAMI NAGANO AND KIKUE TANOUE NAGANO. BEING LOTS 6-A, 6-B, 6-C, 6-D AND KAOKO'A PLACE, KAOKO'A SUBDIVISION. Beginning at the southeast corner of this parcel of land, being also the northeast corner of Grant 13,035 to Martin John Branco and on the westerly side of Awa Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI", being 15,282.50 feet South and 13,608.69 feet East, thence running by azimuths measured clockwise from true South: 1. 71° 00' 1,352.80 feet along Grant 13,035 to Martin John Branco (Lots 7-A to 7-E, inclusive; 2. 161° 00' 529.35 feet along Executive Order No. 2079 to County of Hawaii Water Supply (Lot 10); 3. 269° 56' 44" 2.34 feet along Waiakea Flood Control; 4. Thence along Waiakea Uka Flood Control on a curve to the left with a radius of 1,100.00 feet, the chord azimuth and distance being: 260° 28' 22" 362.07 feet; 5. 251° 00' 993.45 feet along Waiakea Uka Flood Control; 6. 341° 00' 469.00 feet along Awa Street to the point of beginning and ,. containing an area of 14.729 Acres. 4�,>..�.�.the Z_IGEN SA=D CY) /PROFESSIONAL • t,�t',r' Wayne ubica, Jr. � \ 1d0 13777 / License Professional Land Surveyor �.� f Certificate No. 13717 Exp. 04/2012 1 Tax Map Key: 3rd Div. 2-2-48: 10, 120, 121, 122 & 123 Rezone Description Page 1 of 1 ,_vim, eu t S t �t �`oorotil isav @ .. r ,1a,x�v�amr,.-r ��S <uw 'nln+ i i\in 1 _ ii $�asj �T g at N '►.off`' ,,. .m:.'- ;d� a 8 �, � i :i1 \�1d8 3 c ? _ .. ! 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'n. �` -. at, "AT 04 3 o,'. . �,` 8N� 4 fir• e ..,.o rs:. sn _. ,. - »nom {Y 3 k E \s 3 fa h�,, l�. .ate r e i 5 s,isu .i, N s —'s R i� X tr' 5 '+' ,s. K 4 a ' F vm r i t 5 5' § wt 4 `n s ."-( ! F 4 i k 2t' 4 9 oAs T t - P'T‘-:,.--",-:i;'1'„.,-''f',r"-,':"'",.-;'..t arc = G SUBJECT PARCEL fi n E .� x � 3 tz F" t i mr b +,c 4 a t:::/ 4 y PINK: URBAN •STATE LAND USE DISTRICT GREEN: AGRICULTURAL it„ n o 3 w z z a Z 4 u. Lu - a LL Lai a �_ a a Y 0 Y 0 A it 2 0 — 0 cc LL W W 101., ., I. _ h ... t ` i CC y W Z Z r F , D- o Q ul g — r f a o Ne cc o vs r c r cc u. cc W u_ >w fi '- f. Aifr_.. '... 1 • A HAWAII COUNTY CODE Division 6.FA,Family Agricultural Districts. Section 25-5-60. Purpose and applicability. The FA(family agricultural)district provides for a blend of small-scale agricultural operations associated with residential activities and which may be characterized by farm estates,small acreage farms,or subsistence lots. The FA district is intended to be in areas designated as being within the State land use agricultural district, where public services and infrastructure are appropriate to support the very low density residential needs of a rural community and where substantial number of parcels are less than five acres in size,and where a mix of uses will not conflict with or be detrimental to existing agricultural uses in the surrounding area. In addition,this district is intended to be primarily comprised of agricultural lands less than five acres in area, which are not classified as A or B lands under the land study bureau's master productivity rating, or classified as prime,unique, or other important agricultural lands.Provided,that this district may include lands so classified if the lands are situated within an urban expansion or other urban designation under the general plan land use pattern allocation guide(LUPAG)map. (1996,Ord.No.96-160,sec.2;ratified April 6, 1999.) Section 25-5-61. Designation of FA districts. Each FA (family agricultural) district shall be designated on the zoning map by the symbol "FA" followed by a number and the lower case letter "a" which indicates the required number of acres for each building site. For example, FA-la means a family agricultural district with a minimum building site area of one acre. (1996,Ord.No.96-160,sec. 2;ratified April 6, 1999.) Section 25-5-62. Permitted uses. (a) The following uses shall be permitted in FA districts: (1) Agricultural products processing, minor, provided that the area or buildings used for such processing,shall be located at least seventy-five feet from any street. (2) Agricultural tourism as permitted under section 25-4-15. (3) Animal hospitals. (4) Aquaculture. (5) Botanical gardens, nurseries and greenhouses, seed farms, plant experimental stations, arboretums, floriculture,and similar uses dealing with the growing of plants. (6) Campgrounds, parks, playgrounds, tennis courts, swimming pools, and other similar open area recreational facilities,where none of the recreational features are entirely enclosed in a building. SUPP.7 (1-2009) 25-58 Planning Dept. Exhibit ZONING §25-5-62 (7) Cemeteries and mausoleums,as permitted under chapter 6,article 1 of this Code. (8) Crop production. (9) Dwelling, single-family, as permitted under chapter 205,Hawai`i Revised Statutes and as permitted under section 25-5-67(b). (10) Farm dwellings,as permitted under section 25-5-67(b)and(c). (11) Game and fish propagation. (12) Group living facilities. (13) Kennels. (14) Livestock, grazing; provided that any feed or water area, salt lick, corral, run, barn, shed, stable, house, hutch, or other enclosure for the keeping of any permitted animals shall be located at least seventy-five feet from any lot line. (15) Public uses and structures,necessary.for agricultural practices. (16) Retention, restoration, rehabilitation, or improvement of buildings or sites of historic or scenic interest. (17) Riding academies,and rental or boarding stables. (18) Roadside stands for the sale of agricultural products grown on the premises. (19) Utility substations,as permitted under section 25-4-11. (20) Vehicle and equipment storage areas that are directly accessory to aquaculture, crop production, game and fish propagation,and livestock grazing. (21) Veterinary establishments. (b) The following uses may be permitted in the FA district,provided that a use permit is issued for each use: (1) Golf courses and related golf course uses,including golf driving ranges,golf maintenance buildings and golf club houses. (2) Telecommunication antennas and towers. (c) The following uses may be permitted in the FA district,provided that a special permit is obtained for such use if the building site is located within the State land use agricultural district: (1) Adult day care homes. (2) Bed and breakfast establishments,as permitted under section 25-4-7. (3) Community buildings,as permitted under section 25-4-11. (4) Family child care homes. (5) Home occupations,as permitted under section 25-4-13. (6) Meeting facilities. (7) Model homes,as permitted under section 25-4-8. (8) Public uses and structures, other than those necessary for agricultural practices, as provided under section 25-4-11. (9) Temporary real estate offices,as permitted under section 25-4-8. (10) Uses, other than those specifically listed in this section, which meet the standards for a special permit under chapter 205,Hawaii Revised Statutes. (d) The following uses may be permitted in the FA district,provided that a use permit is issued for each use if the building site is outside of the State land use agricultural district or a special permit is issued for each use if the building site is within the State land use agricultural district: (1) Churches,temples and synagogues. (2) Day care centers. (3) Hospitals,sanitariums,old age,convalescent,nursing and rest homes. (4) Major outdoor amusement and recreation facilities, includes stadiums, sports arenas, and other similar open air recreational uses. 25-59 SUPP. 10 (7-2010) § 25-5-62 HAWAII COUNTY CODE (5) Mortuaries. (6) Schools. (e) Buildings and uses accessory to the uses permitted in this section shall also be permitted in the FA district. (1996,Ord.No. 96-160,sec. 2;ratified and amended April 6, 1999;Am.2008,Ord.No. 08-155,sec. 12;Am. 2010,Ord.No. 10-17,sec. 5.) Section 25-5-63. Height limits. The height limit in FA districts shall be thirty-five feet for any residential structure, including any single-family dwelling or farm dwelling,and forty-five feet for all other structures. (1996,Ord.No.96-160, sec. 2;ratified April 6, 1999.) Section 25-5-64. Minimum building site area. The minimum building site area in the FA district shall be one acre.Other FA districts having larger areas may be designated in increments of one acre up to a recommended maximum of five acres. (1996,Ord.No.96-160,sec. 2;ratified April 6, 1999.) Section 25-5-65. Minimum building site average width. Each building site in the FA district must have a minimum average width of one hundred twenty feet for the initial one acre of required area plus twenty feet for each additional acre of required area;provided that no building site shall be required to have an average width greater than three hundred feet. (1996,Ord.No.96-160, sec. 2;ratified April 6, 1999.) Section 25-5-66. Minimum yards. (a) Except as otherwise provided in this section, the minimum yards in the FA district shall be thirty feet for front and rear yards and twenty feet for side yards. (b) In the FA district, accessory buildings and enclosures (other than fences under eight feet high) for the shelter and confinement of any livestock shall be at least thirty feet from the side and rear property lines. (c) Appropriate additional setbacks from adjacent residential zoned lands may be required by the director for those facilities and uses which may include more frequently used machinery and equipment in order to minimize potential lighting,odor,vector and air and water quality impacts. (1996,Ord.No. 96-160,sec.2;ratified April 6, 1999.) Section 25-5-67. Other regulations. (a) If any legal building site in an FA district has an area of less than one acre, then the yard and height requirements for the building site shall be the same as the yard and height requirements in the RA district. (b) One single-family dwelling or one farm dwelling shall be permitted on any building site in the FA district.A farm dwelling is a single-family dwelling located on or used in connection with a farm or if the agricultural activity provides income to the family occupying the dwelling. (c) Additional farm dwellings may be permitted in the FA district only upon the following conditions: (1) A farm dwelling agreement for each additional farm dwelling, on a form prepared by the director, shall be executed between the owner of the building site, any lessee having a lease on the building site with a term exceeding one year from the date of the farm dwelling agreement, and the County. The agreement shall require the dwelling to be used for farm-related purposes. (2) The applicant shall submit an agricultural development and use program, farm plan or other evidence of the applicant's continual agricultural productivity or farming operation within the County to the director. Such plan shall also show how the farm dwelling will be utilized for farm-related purposes. SUPP. 10 (7-2010) 25-60 ZONING §25-5-67 (d) An ohana dwelling may be located on any building site in the FA district, as permitted under article 6, division 3 of this chapter. (e) Exceptions to the regulations for the FA district regarding heights, building site areas, building site average widths and yards,may be approved by the director within a planned unit development. (f) Plan approval shall be required prior to the construction or installation of any new structure or development, or of any addition to an existing structure or development which is used for minor agricultural products processing. (1996,Ord.No. 96-160,sec. 2;ratified April 6, 1999.) 25-61 SUPP._7 (1-2009)_ DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: September 13, 2011 Neffe4440040it TO: BJ Leithead Todd, Planning Director FROM: -Department of Public Works SUBJECT: CHANGE OF ZONE APPLICATION (REZ 11-000142) Applicant: Sonomura Rentals, Inc. Request: A-3a to FA-1 a Tax Map Keys: 2-2-48: 010, 120 thru 123 We have reviewed the subject application and offer the following comments for your consideration. All development-generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. A drainage study shall be prepared and the recommended drainage system shall be constructed meeting the approval of the Dept. of Public Works. The subject parcels are in an area that is not mapped by the Federal Emergency Management Agency and is designated as Zone X-an area determined to be outside the 500-year floodpiain. Awa Street is a County right-of-way of 50' width. The Zoning Map (Ordinance No. 187) classifies Awa Street as a collector of 60' width. The tentative approval for subdivision application number 96-125 required a 5'wide future road widening. Based on the intended zoning,we recommend the applicant provide improvements to the entire frontage along Awa Street consisting of,but not limited to,paved shoulder and swale and any required utility relocation, meeting the approval of the Dept. of Public Works. We also recommend the applicant provide improvements to the existing 20'wide pavement within the 50' wide Ka'oko'a Place right-of-way consisting of, but not limited to, paved shoulders and swales meeting the requirements Section 23-86 of the Hawaii County Code. Streetlights and traffic control devices shall be installed as may be required by the Traffic Division, Department of Public Works. The applicant shall be responsible for the design, purchase, and installation of such devices. Questions may be referred to Kelly Gornes at ext. 8327. County of Hawaii is an Equal Opportunity Provider and Employer Planning Dept. Exhibit 3 °NiY�F �'Hq'ul�'��• BUILDING DIVISION - DPW :* '%. V.' 4 \ �H 6 COUNTY OF HAWAI'I—Hilo office-Aupuni Center, 101 Pauahi St,suite 7,Hilo Hi 96720-4224 +j,T,,; . ... Kona office—West Hawaii Civic Center Building E 1 floor,74-5044 Ane Keohokalole Hwy,Kailua-Kona OR �" HI 96740 Hilo Office(808)961-8331 *Fax(808)961-8410 Kona Office(808)323-4720 * Fax(808)327-3509 September 15, 2011 TO: BJ LEITHEAD TODD, Planning Director FROM JAIHO CHENG,Acting Building Division Chief 0.7 SUBJECT: REZONING APPLICATION—(REZ 11-000142) '= Applicant: All Aina Services ; Owner: Sonomura Rentals LLC TMK: 2-2-048:010, 120, 121, 122, 123. , Location: Awa Street,Kaokoa Subdivison,Waiakea, South Hilo, Hawaii. N —1 Our comments on the subject application are as follows: igj We have no comments or objections to the application. ❑ Approval of the application shall be conditioned on the comments as noted below. ❑ We oppose the approval of the application for the reasons noted below. ❑ All new building construction shall conform to current code requirements. ❑ The subject dwelling/structure currently has outstanding violations which shall be corrected. ❑ The permit for the subject dwelling was never finaled. ❑ The minimum setbacks shall be maintained as follows: Residential structures - 3 ft. side, 3 ft. rear Commercial structures- 5 ft. side, 5 ft. rear El The projections do not meet setback requirements and should be corrected. ❑ No openings in the exterior wall are permitted less than 3 ft. from the property line. ❑ The exterior wall or projections shall be constructed to provide a hour fire resistive occupancy separation. ❑ An approved automatic sprinkler system is required/to substitute. ❑ The common wall shall be constructed to provide a hour fire resistive area separation. ❑ Others: Cc: Tod Tanimoto, David Abelaye 0 '7 4 2 6 3 (Rezoning) -4?'t ,,,0F WATERS 19! 49 �ti r ''' DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII 1 oPHAWP\\.rp' 345 KEKUANAO`A STREET, SUITE 20 • HILO, HAWAII 967293 r TELEPHONE (808) 961-8050 • FAX (808) 961-8657 _,,: , September 1,2011 1 TO: Ms. BJ Leithead-Todd,Planning Director 4' Planning Department �•'� N FROM: Milton D. Pavao, Manager-Chief Engineer SUBJECT: CHANGE OF ZONE APPLICATION(REZ 11-000142) APPLICANT—SONOMURA RENTALS REQUEST: A-3a TO FA-la TAX MAP KEY 2-2-048:010, 120, 121,AND 122 We have reviewed the subject application and have the following comments and conditions. Water can be made available from an existing 6-inch waterline within the existing roadway lot fronting the subject parcels, identified as Tax Map Key 2-2-048:123. Please be informed that each of the subject parcels have a 1-inch service lateral installed, each capable of accommodating a 5/8-inch meter,which are each limited to an average daily usage of 400 gallons and suitable for only one single family dwelling. Water can be made available for this application(and subsequent subdivision application), subject to the following conditions: 1. Through a previous Change of Zone application(REZ 08-000081)for Tax Map Key 2-2-048:010 and 120, the applicant paid a water commitment deposit of$1,500.00 for 10 additional lots in a proposed 12-lot subdivision,which will expire on September 30,2011. As the applicant has an adequate number of existing commitments,the Department will apply the applicant's existing water commitments toward the subject application. When the existing water commitment expires on September 30,2011,the applicant may extend the water commitment for one(1)year through payment of an additional water commitment deposit of $1,200.00 for eight(8)additional lots($150.00 per additional lot). 2. Construct necessary water system improvements,which shall include, but not be limited to,the following: a. if necessary,cut and plug the existing service laterals to the subject parcels and relocate to front the appropriate lots, b. install service laterals that will accommodate a 5/8-inch meter for each additional lot, c. subject to other agencies' requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development,the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities,should they be necessary. Construction plans showing the above improvements,prepared by a professional surveyor or engineer, registered in the State of Hawai`i, must be submitted for review and approval. Planning Dept. Exhibit (f 073886 . . .W a t e r, Our M o s t P r e c i o u s Resource . . . ?K a W a i 9 t Kline . . . The Department of Water Supply is an Equal Opportunity provider and employer. Ms. BJ Leithead-Todd, Planning Director Page 2 September 1,2011 3. Remit the prevailing facilities charge balance,which is subject to change,of$42,500.00,as shown below: FACILITIES CHARGE(FC): Four(4)existing services to the subject parcels, already paid $0.00 Eight(8)additional lots @$5,500.00/lot $44,000.00 Water commitment deposit credit ($1,500.00) FC Balance Total(subject to change) $42,500.00 The facilities charge is due and payable upon completion of the necessary water system improvements and prior to final subdivision approval being granted. Should there be any questions,please contact Mr.Finn McCall of our Water Resources and Planning Branch at 961-8070,extension 255. Sincer-I yours, Mi . D.Pavan,P.E. Ma -r-Chief Engineer FM:dfg copy- Sonomura Rentals,LLC All Aina Services 4oJNC�`OF H�k.', William P.Kenoi Harry S.Kubojiri �•rr I i Mayor Police Chief 4TE OF • Paul K.Ferreira Deputy Police Chief County of Hawaii POLICE DEPARTMENT 349 Kapiolani Street • Hilo,Hawai`i 96720-3998 (808)935-3311 • Fax(808)961-8865 August 1, 2011 TO : BJ LEIT AD TODD, • ANNING DIRECTOR FROM HENRY . TAVA ' R., A SSISTANT POLICE CHIEF AREA I PERATI• SUBJECT: REZONING APPLIC A TION (REZ 11-000142); APPLICANT: SONOMURA RENTALS; REQUEST: A-3A TO FA1A; TAX MAP KEY: 2-2-048:10, 120- 122 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 SCANNED I AUG 1 0 2011 Planning Dept. By: 0 '7 3225 . Exhibit "Hawai`i County is an Equal Opportunity Provider and Employer" Wilhasn Mayor , �C? Darryl J. Oliveira S �✓�. . Fire Chief ',' t'6.44 Glen P. I. Honda 2011 AUG —9 MI f Deputy fire Chief County of atuai`i HAWAI'I FIRE DEPARTMENT 25 Aupuni Street • Suite 2501• 1-111o,Hawaii 96720 (808)932-2900 • Fax(808)932-2928 August 2,2011 TO: BJ LEITHEAD TODD, PLANNING DIRECTOR FROM: DARRYL OLIVEIRA,FIRE CHIEF SUBJECT: REZONING APPLICATION(REZ 11-000142) APPLICANT: SONOMURA RENTALS REQUEST: A-3a to FA-la TAX MAP KEY: 2-2-048:10, 120-122 - In regards to the above-mentioned Change of Zone application, the following shall be in accordance: Fire apparatus access roads shall be in accordance with UFC Section 10.207: "Fire Apparatus Access Roads "Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. "(b) Where Required. Fire apparatus access roads shall be required for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire department vehicle access as measured by an unobstructed route around the exterior of the building. "EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system,the provisions of this section may be modified. "2. When access roadways cannot be installed due to topography, waterways, nonnegotiable grades or other similar conditions, the chief may require additional fire protection as specified in Section 10.301 (b). Planning Dept. SCANNED J�pW AI/ f �F=r; Exhibit .AUG 1 1 2011 !�-= By: 0 7 3 3 0 3 , �``, Hawaii County is an Equal Opportunity Provider and Employer. 1{i` BJ Leithead Todd August 2,2011 Page 2 "3. When there are not more than two Group R, Division 3 or Group M Occupancies, the requirements of this section may be modified, provided, in the opinion of the chief, fire-fighting or rescue operations would not be impaired. "More than one fire apparatus road may be required when it is determined by the chief that access by a single road may be impaired by vehicle congestion,condition of terrain,climatic conditions or other factors that could limit access. "For high piled combustible storage, see Section 81.109. "(c) Width. The unobstructed width of a fire apparatus access road shall meet the requirements of the appropriate county jurisdiction. "(d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches. "EXCEPTION: Upon approval vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance. "(e) Permissible Modifications. Vertical clearances or widths required by this section may be increased when, in the opinion of.the chief, vertical clearances or widths are not adequate to provide fire apparatus access. "(f) Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all- weather driving capabilities." (20 tons) "(g) Turning Radius. The turning radius of a fire apparatus access road shall be as approved by the chief." (45 feet) "(h) Turnarounds. All dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. "(i) Bridges. When a bridge is required to be used as access under this section, it shall be constructed and maintained in accordance with the applicable sections of the Building Code and using designed live loading sufficient to carry the imposed loads of fire apparatus. "(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief." (15%) r a 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. "(1) Signs. When required by the fire chief, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both." Water supply shall be in accordance with UFC Section 10.301(c): "(c) Water Supply. An approved water supply capable of supplying required fire flow for fire protection shall be provided to all premises upon which buildings or portions of buildings are hereafter constructed, in accordance with the respective county water requirements. There shall be provided,when required by the chief,on-site fire hydrants and mains capable of supplying the required fire flow. "Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. "The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be protected as set forth by the respective county water requirements. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 10.207. I II I . • ' OLIVEIRA 'ire Chief KT:lpc OF •:. . Vii•', William P.Kenoi :.i 4 '� '/, ;.: Frank J.DeMarco,P.E. Mayor - - Director •wo.�. -- William T.Takaba rr• M'�- Hunter Bishop Managing Director Deputy Director Gunk of%Avail DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo,Hawai'i 96720 (808)961-8083 Fax(808)961-8086 http://co.hawaii.hi.us/directory/dir envmng.htm MEMORANDUM Date : July 27, 2011 To : BJ LEITHEAD TODD,Planning Director From: FRANK J.DE MARCO,P.E.,Director Subject: Rezoning Application(REZ 11-000142) Applicant: Sonomura Rentals Request:A-3a to FA-la TMK: 2-2-048:10, 120-122 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: [ X ] 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: Planning //Dept. County of Hawaii is an Equal Opportunity Provider and Employer. EXh l bit William P.Kenos :.r��'�%% • c+: Frank J.DeMarco,P.E.• Mayor Director ,t a William T.Takaba`'" '' - • i ?�rE•of e '_`,' Hunter Bishop• • Managing Director -' Deputy Director Gi nfi oaf gia ix�tfl • DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo,Hawaii 96720 (808)961-8083 •Fax(808)961-8086 http://co.hawaii.hi.us/directory/dir envmng.htm MEMORANDUM Date : July 28,2011 To : BJ LEITHEAD TODD,Planning Director From: FRANK J.DE MARCO,P.E.,Director Subject: Rezoning Application (REZ 11-000142) Applicant: Sonomura Rentals Request: A-3a to FA-la TMK: 2-2-048:10, 120-122 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.) (90 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. ( ) Submit Solid Waste Management Plan in accordance with attached guidelines. ( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. ( ) Other: }— SCANNED M County of'Hawai`i is an Equal Opportunity Provider and Employer. By:0 7 3 2 3 .-JNtYOiq�' I G DE William P. ttgl.. ,€;r= • � • Stephen J. Arnett•Mayor : , ` Housing Administrator err'ir»• jJ Z -» : 10: 43 :of P "' Niniau K. Simmons Rain 4 Assistant Housing (g of of innil Administrator Office of Pausing anti Cnommuniftr!eixelopmenf 50 Wailuku Drive • Hilo,Hawaii 96720 • (808)961-8379 • Fax(808)961-8685 KONA: 74-5044 Ane Keohokalole Highway • Kailua-Kona,Hawaii 96740 (808)323-4305 • Fax(808)323-4301. July 28, 2011 MEMORANDUM TO: Bobby-Jean Leithead Todd Planning Department FROM: TStkphen J. Arnett Housing Administrator SUBJECT : Change of Zone Application (REZ 11-000142) Applicant: Sonomura Rentals Request: A-3a to FA-la Tax Map: (3) 2-2-048 :010, 120-122 The Office of Housing and Community Development has reviewed the application and determined that Affordable Housing Conditions are applicable to the subject request Thank you for the opportunity to comment . SCANNED AUG 1 - 2011 By: 117309J ...... ... ... . . G:/Planning/2076pasr.docx Vea Planning Dept. EQUAL HOUSING OPPORTUNITY Exhibit -if HAWAII COUNTY IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER" a� NEIL ABE[tCROMBIE „1 GOVERNOR OF HAWAII PLANNING j� 'T- •AILA„IR v�C• Ir.ttsf ON � ,,AA .AND ai IL; � �� y, -�` ,1•1' A Eli{YA'�FJt NRESOURCE rAANAGCEt.ffii'C 40'1nd aild 44N. 41, `4015"• STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES NI-Jamie~ LAND DIVISION POST OFFICE BOX 621 state HONOLULU,HAWAII 96809 August 22, 2011 County of Hawaii Planning Department Attention: Ms. Phyllis Fujimoto 101 Pauahi Street, Suite 3 Hilo, HI 96720 Dear Ms. Fujimoto: SUBJECT: Request to Rezone 14.729 Acres of Agricultural to Family-Agricultural - Kaokoa Subdivision, Panaewa Farm Lots, Waiakea, S. Hilo, Hawaii; TMK: (3)2-2-048:010, 120 - 123 —Rezoning Application REZ 11-000142 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 Forestry & Wildlife; 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. Sincerely, Russell Y. Tsuji Land Administrator Enclosures Planning Dept. 0 7 3 7 2 6 p Exhibit • 6 OF ABERCR OF OMB IE '•� .t 1 I . WILLIAM J.MLA,JR —,''.� CHAIRPERSON P f S'T BOARD OF LAND AND NATURAL RESOURCES A'.<�-SY ���.a=.:_c� couLLaLSSLONONwATFRRFSOLIRCEHANAt'FAtE7tf of �A, " STATE OF HAWAII � I DEPARTMENT OF LAND AND NATURAL RESOURCES n't I .I'r 10: ll LAND DIVISION �� : 1 L POST OFFICE BOX 621 Stateof4aN0 HONOLULU,HAWAII 96809 ) Cw August 5, 2011 i! MEMORANDUM TO: DLNR Agencies: Div. of Aquatic Resources `•' Div. _ of Boating&Ocean Recreation t/X Engineering Division X Div. of Forestry&Wildlife Div. of State Parks X Commission on Water Resource Management _Office of Conservation&Coastal Lands X Land Division—Hawaii District _Historic Preservation FROM: sell Y.Tsuji, Land Admi srr SUBJECT: Request to rezone 14.729 acres of agricultural to family-agricultural LOCATION: Kaokoa Subdivision, Panaewa Farm Lots,Waiakea, S. Hilo,Hawaii; TMK: (3)2-2-048:010, 120, 121, 122 & 123 APPLICANT: County of Maui Planning Department on behalf of Sonomura Rentals 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. (�) Comments are attached. Signed: Date: o I/I/1T/ cc: Central Files 4.. s DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LD/RussellTsuji REF.:Zone GhangeAgr2FamilyAgrucultural Hawaii.522 COMMENTS (X) We confirm that the project site,according to the Flood Insurance Rate Map(FIRM), is located in Zone X. The Flood Insurance Program does not have any regulations for developments within Zone X. () Please take note that the project site,according to the Flood Insurance Rate Map(FIRM), is located in Zone () Please note that the correct Flood Zone Designation for the project site according to the Flood Insurance Rate Map(FIRM)is () 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 Iocal 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)241-4890 of the County of Kauai,Department of Public Works. () The applicant should include water demands and infrastructure required to meet project needs. Please note that projects within State lands requiring water service from the Honolulu Board of Water Supply system will be required to pay a resource development charge,in addition to Water Facilities Charges for transmission and daily storage. () The applicant should provide the water demands and calculations to the Engineering Division so it can be included in the State Water Projects Plan Update () Additional Comments: () Other: — Should you have any questions,please call Ms. Suzie S. Agraan of the Planning Branch at 587-0258. Signed: ,/ / CAR '� :. CH•,rG,CHIEF ENGINEER Date: °/ice/1 OF NEIL ABERCROMBIE ''p pit..- I 9•` WILLIAM J.AILA,JR. GOVERNOR OF HAWAII 11 1 45t COMMHW O ON WATER Z501.NAAR64OORCES MANAGD.:M .00,20d and Aitt_ STATE OF HAWAII r DEPARTMENT OF LAND AND NATURAL RESOURCES \lt�— LAND DIVISION POST OFFICE BOX 621 srate coistrA HONOLULU,HAWAII 96809 August 5, 2011 MEMORANDUM TO: DLNR Agencies: _Div. of Aquatic Resources ri r : •_Div. of Boating&Ocean Recreation J VXEngineering Division `•� Div. of Forestry&Wildlife I:') _Div. of State Parks X Commission on Water Resource Management Office of Conservation& Coastal Lands X Land Division—Hawaii District Historic Preservation FROM: sell Y. Tsuji, Land Adm' str or SUBJECT: Request to rezone 14.729 acres of agricultural to family-agricultural LOCATION: Kaokoa Subdivision,Panaewa Farm Lots,Waiakea, S. Hilo,Hawaii; TMK: (3) 2-2-048:010, 120, 121, 122 & 123 APPLICANT: County of Maui Planning Department on behalf of Sonomura Rentals 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. ), . p ' -its are attached. Signed: / 64441 cc: Central Files tt •• Nq NEIL ABERCROMBIE WILLIAM J.AILA,7R GOVERNOR OF HAWAII 'e 'i:;' 1-;:!,---,t, BOARD OF LAND NATURAL RESOURCES ' - 'n COMMISSION ON WATER RESOURCE MANAGEMENT 4� �` ,,yad and ellrn ' STATE OF HAWAII 20H aUG'�-q p 12: 4 DEPARTMENT OF LAND AND NATU NATURAL RESOURCES 11 LAND DIVISION R CENEU �S � POST OFFICE BOX 621 L ANIJ Dt IS JON I+1eoft4$ HONOLULU,HAWAII 96809 HILOI,.HAWVA II August 5, 2011 ,�`' MEMORANDUM TO: DLNR Agencies: _Div. of Aquatic Resources _Div. of Boating&Ocean Recreation X Engineering Division X Div. of Forestry&Wildlife Div. of State Parks _ _ e-,> X Commission on Water Resource Management Office of Conservation&Coastal Lands '' X Land Division-Hawaii District — Historic Preservation "I FROM sell Y. Tsuji, Land A ' str or � SUBJECT: Request to rezone 14.729 acres of agricultural to family-agriciural c LOCATION: Kaokoa Subdivision, Panaewa Farm Lots,Waiakea, S. Hilo, Hawaii; `") TMK: (3) 2-2-048:010, 120, 121, 122 & 123 APPLICANT: County of M&irPlannipg Department on behalf of Sonomura Rentals Weelwaii 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 ( )2Ne have no objections. ( e have no comments. ( ) Comments are attached. Signed: l �� Date: C? - //-l/ cc: Central Files a R NEIL ABERCROMBIE ; LORETTA J.FUDDY,A.C.S.W.,M.P.H. GOVERNOR - � �esa''�y;; Director of Health PLANNING DEPARTMENT I%VOA 2[11 AuG -1 M 10: 45 STATE OF HAWAII DEPARTMENT OF HEALTH P.O.BOX 916 HILO,HAWAII 96721-0916 MEMORANDUM DATE: July 27, 2011 TO: Bobby Jean Leithead Todd Planning Director, County of Hawaii FROM: Newton Inouye 0- Acting District Environmental Health Program Chief SUBJECT: Rezoning Application(REZ 11-000142) Applicant: Sonomura Rentals Request: A-3a to FA-la Tax Map Key: 2-2-048:10, 120-122 The use of individual wastewater systems is allowed. The type and number of individual wastewater systems to be used will be determined by the wastewater rules in effect at the time of building permit application. The Department of Health(DOH), Clean Water Branch(CWB), acknowledges receipt of the subject document on July 26, 2011. The CWB has reviewed the limited information contained in the subject document and offers the following comments: 1. The Army Corps of Engineers should be contacted at(808)438-9258 for this project. Pursuant to Federal Water Pollution Control Act(commonly known as the"Clean Water Act"(CWA)),Paragraph 401(a)(1), a Section 401 Water Quality Certification(WQC) is required for"[a]ny applicant for Federal license or permit to conduct any activity including,but not limited to,the construction or operation of facilities, which may result in any discharge into the navigable waters...". The term "discharge" is defined in CWA, Subsections 502(16), 502(12), and 502(6); Title 40, Code of Federal Regulations, Section 122.2, and Hawaii Administrative Rules (HAR), Chapter 11-54. 2. In accordance with HAR, Sections 11-55-04 and 11-55-34.05,the Director of Health may require the submittal of an individual permit application or a Notice of Intent(NOI) for general permit coverage authorized under the Nati n Pollutant Discharge Elimination System (NPDES). CANNED 1 ATS1 _- 2O1 Planning Dept. BYX 3082 Exhibit /0 BJ Leithead Todd July 27, 2011 'Page 2 of 3 a. An application for an NPDES individual permit is to be submitted at least 180 days before the commencement of the respective activities. The NPDES application forms may also be picked up at our office or downloaded from our website at: h.ttp://www.hawai i.gov/health/environmental/water/cleanwater/forms/indi v-index.html. b. An NOI to be covered by an NPDES general permit is to be submitted at least 30 days before the commencement of the respective activity. A separate NOI is needed for coverage under each NPDES general permit. The NOI forms may be picked up at our office or downloaded from our website at: http://www.hawaii.gov/health/environmental/water/cleanwater/forms/genl -index.html. i. Storm water associated with industrial activities, as defined in Title 40, Code of Federal Regulations, Sections 122.26(b)(14)(i)through 122.26(b)(14)(ix) and 122.26(b)(14)(xi). [HAR, Chapter 11-55, Appendix B] ii. Construction activities, including clearing, grading, and excavation, that result in the disturbance of equal to or greater than one(1) acre of total land area. The total land area includes a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under a larger common plan of development or sale. An NPDES permit is required before the commencement of the construction activities. [HAR, Chapter 11-55, Appendix C] iii. Discharges of treated effluent from leaking underground storage tank remedial activities. [HAR, Chapter 11-55, Appendix D] iv. Discharges of once through cooling water less than one(1)million gallons per day. [HAR, Chapter 11-55, Appendix E] v. Discharges of hydrotesting water. [HAR, Chapter 11-55, Appendix F] vi. Discharges of construction dewatering effluent. [HAR, Chapter 11-55, Appendix G] vii. Discharges of treated effluent from petroleum bulk stations and terminals. [HAR, Chapter 11-55,Appendix H] viii. Discharges of treated effluent from well drilling activities. [HAR, Chapter 11-55, Appendix I] ix. Discharges of treated effluent from recycled water distribution systems. [HAR, Chapter 11-55, Appendix J] r F 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. We recommend that you review all of the Standard Comments on our website: http://hawaii.gov/health/environmental/env-planning/landuse/landuse.html. Any comments specifically applicable to this project should be adhered to. The same website also features a Healthy Community Design Smart Growth Checklist (Checklist) created by Built Environment Working Group (BEWG) of the Hawaii State Department of Health. The BEWG recommends that state and county planning departments, developers,planners, engineers and other interested parties apply the healthy built environment principles in the Checklist whenever they plan or review new developments or redevelopments projects. We also ask you to share this list with others to increase community awareness on healthy community design. WORD:REZ 11-000142.my NEILIABERCROMBIE GLENN M.OKIMOTO fiOVERNOR 9.! ' DIRECTOR ytic n. D� � k+' ■q4. ./ ,. 's� t,.P EN�fT Deputy Directors t # } Atli+' I' -k�L �y# JADE T.BUTAY J '# k k 3 FORD N.FUCHIGAMI t1 n r S�,T.. }'aP RANDY GRUNE fit 3 F I:Y y�; q . JADINE URASAKI I I ; 2: 25 • STATE OF HAWAII IN REPLY REFER TO: DEPARTMENT OF TRANSPORTATION HWY-PS 869 PUNCHBOWL STREET 2.9528 HONOLULU, HAWAII 96813-5097 September 13, 2011 Ms. BJ Leithead Todd Director County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-4224 Dear Ms. Leithead Todd: Subject: Rezoning Application(REZ 11-000142) Applicant: Sonomura Rentals Request: A-3a to FA-la Tax Map Key: (3) 2-2-048: 10, 120, 121, 122 & 123 Thank you for consulting us regarding the subject rezoning application. We have the following comments: 1. The change of zone application from Agricultural 3-acre to Family-Agricultural 1-acre and subdivision of the 14.729 acre property into 12 agricultural/residential lots(with access to Awa Street, a County road)will not adversely impact Kanoelehua Avenue, our nearby State highway facility. 2. We have observed a trend in this "spot"type of zoning and land use changes and re- subdivision of agricultural lots into smaller lots in various areas in the county, and the cumulative traffic impacts of these subdivided lots at build-out phase may adversely impact our nearby State highway facilities. We suggest that the county: a. Review and monitor closely the increase of development of agricultural lands and further subdivision of these lots into residential use. b. Consider imposing a condition requiring developers/property owners for land use approvals to participate in cost sharing arrangements regarding necessary roadway mitigation measures on our State highway facilities. SCANNED I Planning Dept. V74 Fg 7 Exhibit d Ms. BJ Leithead Todd HWY-PS Page 2 2.9528 September 13, 2011 If you have any questions,please contact Ken Tatsuguchi,Head Planning Engineer,Highways Division,Planning Branch at(808) 587-1830. Very truly yours, GLENN M. OKIMOTO, Ph.D. Director of Transportation County of Hawaii Planning Department 101 Pauahi Street,Suite 3 Hilo, Hawaii 96720 September 19,2011 Subject: Rezoning Application(REZ 11-000142) Applicant: Sonomura Rentals Request: A-3a to FA-la TMK: (3)2-2-048:010, 120, 121, 122&123 To Whom It May Concern: We have reviewed the comments of the State of Hawaii Department of Transportation regarding this application. If the application is approved,the applicant will comply with the conditions set by the Planning Commission. All Aina Services PO Box 291 Laupahoehoe, Hawaii 96764 074213 July 18,2011 P!AN31<'iG OEPA 'r"Et T <<!I JUL 26 PH 2: 54 Bobby Jean Leithead-Todd Director of County Planning Department 101 Pauahi Street, Suite 3 Hilo, HI 96720 Re: Rezoning application for TMK(3)2-2-48:10-Panaewa Farm Lots Dear Director Leithead-Todd, My name is Trent Hata, and I reside at TMK(3) 2-2-48:98 located at the Panaewa Farm Lots. Sonomura Rentals recently posted signage for rezoning of parcel TMK(3)2-2-48:10. Last year,my neighbors and I strongly opposed a previous rezoning application for the same parcel; therefore, it was very surprising to see the developer initiating another request so soon especially since the County Council overwhelmingly agreed to deny their previous application. In addition, although there is only one lot between my parcel and the parcel belonging to Sonomura Rentals, I have not received any official notice from Sonomura Rentals. I strongly oppose rezoning Panaewa Farm Lots to anything smaller than 3 acres. Keeping the Panaewa Farm Lots as it exists is consistent with the county and state goals of supporting diversified agriculture in the State of Hawaii. Panaewa is situated in an advantageous location for farming, a short-distance from shipping points and does not contain rare or endangered species or archaeological sites. Panaewa Farm Lots is listed in the 2006 Hawaii agricultural statistics as a major agricultural area on the Big Island. In my opinion, Sonomura Rentals proposed rezoning is not consistent with the intention of HRS Chapter 165 of the Hawaii Right to Farm Act. The Hawaii Right to Farm Act was enacted to protect farming operations in agricultural districts when adjacent land is reclassified. Granting Sonomura Rentals rezoning application will make it difficult or impossible for myself and my neighbors to continue our farming and livestock operations. Urban development at such close proximity will increase our liability which can result from noise, flies and odors from livestock, pesticide sprays and increase agricultural theft. Additionally, Sonomura Rentals proposed project may also violate land use commission rules, more specifically, Act 183 which states that when considering an area for reclassification, land contiguous with existing urban areas shall be given more consideration that non-contiguous land, particularly when indicated for future urban use on state and county general plans. The proposed project is not contiguous to urban designated land. The parcel belonging to Sonomura Rentals along with all surrounding land is designated agricultural. Although the county general plan classifies TMK(3) 2-2-48:10 as low density urban, there are numerous references reiterating the counties responsibility to protect and support existing agricultural lands. Planning Dept. 073025 Exhibit._ ..,: /02. Page 2. Rezoning application for TMK(3)2-2-48:10 For example, 1) The county general plan states "to protect existing agricultural operations from urban encroachment, a buffer area, or uses which are compatible with agricultural operations should be considered before allowing any type of rural or urban development into the area". Sonomura rentals proposal does not include a buffer zone, 2) The county general plan states "important agricultural lands will not be rezoned to parcels too small to support economically viable farming units". Half to 1.0 acres is not a viable farming unit, 3) The county general plan states, "The county discourages speculative residential development on agricultural lands". To my knowledge, Sonomura never lived on the parcel and now plans to rezone to possibly establish rental units; therefore, it may be interpreted as speculative. Please be aware that the majority of the current residents are in their retirement years. Our children, grandchildren or newcomers to our community can carry on and preserve the farming way of life,4)A stated goal of the general plan is to "accommodate growth without congestion." Sonomura's proposed project will have a negative impact on traffic. It is impossible for residents of Panaewa Farm Lots to exit Malalika, Lama or Mamaki Streets in the morning. Residents take the back roads to the Kawailani street traffic light and double back if necessary, and 5) the general plan will "designate,protect and maintain important agricultural lands from urban encroachment". Also of concern is the impact on our environment. The proposed development neighbors the Panaewa water wells. Although the farm lots have all basic utilities' it is not connected to a urban sewer system. Until the county finds a solution to relieve the traffic congestion resulting from Puna commuters and installs the infrastructure such as urban sewage systems capable of handling half or I acre densities, installs fire hydrants, sidewalks, street lighting, we respectfully request that urban rezoning or lots smaller than 3 acres not be considered until the proper infrastructure is in place. As director of the county planning department, I can appreciate your responsibility in supporting projects to stimulate our economy and keep up with community growth. However, it is the responsibility of government officials to protect the county from liability, protect the counties land and resources and the rights of its citizens. The county general plan stated purpose is to 1) identify, protect and maintain important agriculture lands on the island of Hawaii, 2) preserve the agricultural character of the island, and 3)preserve and enhance opportunities for the expansion of Hawaii's agricultural industry. When making your recommendation to the County Council, please consider those of us who actually live at Panaewa and invested our lives when we purchased our land, built our homes and want to raise our families in an agricultural community setting. If you have any questions regarding this request,please feel free to email me at trent@hawaii.edu. Thank you very much for your time. Sincerely, Trent Y. Hata cc. The Honorable Dennis "Fresh" Onishi, County Council The Honorable William Kenoi, Mayor .a' p t 6 DEr a .`L s L%T • �i.�i�s��a;�:3 c' Z 1 AUG i 6 li 3: 26 Dear Planning Department: My name is Annique Daquep. I am 10 years old and live in Panaewa. Please do not approve the zoning change for Mr. Sonomura Rentals, LLC. There is lots of traffic and I am afraid to ride my bike on the street. The traffic is so bad in the morning when I go to school and also when I Come home. I am just a child but I just wanted you to know how I feel. j; Aei SCANNED AUG 18 ?fill By: 073547 Planning Dept. Exhibit /3 PLANNING DEPARTMENT August 8, 2011 AUG 16 PM 3: 26 Office of the Planning Department County of Hawaii—Aupuni Center 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 To Whom It May Concern: RE: Sonomura Rentals, LLC TMK: (3) 2-2-048-010, 120,121,122,123 Request: Change of Zone from Agriculture 3-a to Family-Agricultural 1-a I reside on Makalika Street and I am writing to voice my disagreement with the possible rezoning proposed by Sonomura Rentals. I was against Sonomuras request last time. If they want to develop their property and subdivide, fine, but keep it Agriculture 3-a. We have been living in this community for many years and have seen changes throughout the years. Agriculture and sustainability is so important to our islands. We must keep agriculture alive. We have seen so many developments overtaking our land. I am an educator. We strive to teach our children to be self-sufficient and it's crucial especially with the present state of our economy. I look forward to a favorable response. AI vi a, 0 herlette Shiigi Cc: All Aina Services SCANNED Planning Dept. at , o r Exhibit "V 9y:0735�4S .4, August 10,2011 t4lji ,, " f'i 2: 50 Office of the Planning Department County of Hawaii—Aupuni Center 101 Pauahi Street, Suite 3 Hilo,Hawaii 96720 To Whom It May Concern: RE: Sonomura Rentals,LLC TMK: (3)2-2-048-010, 120,121,122,123 Request: Change of Zone from Agriculture 3-a to Family-Agricultural 1-a Our family operates a nursery at 35 Pau 0 Palae Street and I am against the proposed Change of Zone that Sonomura Rentals is again initiating. We were adamantly against this development before and we are still against it. We want to keep our community in agriculture. It seems that this change of zoning will only add to the traffic congestion that we are already experiencing. I don't believe the prospective buyers of the one acre lots will be doing any agriculture on the property. Essentially it will be a residential development. Residential developments and Agricultural Operations do not co-exist well together. There will be complaints about odors,noise, spraying, flies, etc. from the residents. Keep the zoning at Agriculture 3-a Sincerely, f Royan�ne Shiigi cc: All Aina Services SCANNED �� AUG 1 8 2011 Planning Dept. By: O 7 3575 Exhibit 45 I: 4 PLANNING DEPARTMENT August 11,2011• r,r0141Tv nP nil AUG 15 PH 1: 17 Office of the Planning Department County of Hawaii—Aupuni Center 101 Pauahi Street, Suite 3 Hilo,Hawaii 96720 To Whom It May Concern: RE: Sonomura Rentals, LLC TMK: (3)2-2-048-010, 120,121,122,123 Request: Change of Zone from Agriculture 3 to Family-Agricultural 1-a I am writing to strongly express my opposition to Sonomura's request. I presently reside and operate an agricultural nursery at 165 Makalika Street. The incoming traffic from the Puna district has always been a nightmare on Kanoelehua Avenue. It is very hazardous and has forced myself and many of my neighbors to use Railroad Avenue to go to work, etc., since it is virtually impossible to use Kanoelehua as an exit. We are now experiencing an increase in traffic on Railroad Avenue with the added development of Target, Safeway, Starbucks and Walgrens. This Change of Zone will only add to the traffic problems. We want to keep the Zoning Agriculture 3-a. We have no opposition to Sonomura subdividing his property but keep it Agriculture 3-a. I don't see how anyone can truly use only 1 acre for agriculture. To me,this endeavor is not for agriculture but strictly residential in nature. Sincerel David R. Bromeliads Hawaii cc: All Aina Services AUG p i 9 Plannin Dept. a': 0 '7 3 4 4 3 Exhibit /( August 12, 2011 TO: Planning Department RE: Sonomura Rentals, LLC Request: Change of Zone from Agriculture 3-a to Family-Agricultural 1-a I am against the request to rezone. Keep Agriculture 3-a. There is no possible way that a residential development can mix with agriculture. I just ask that you seriously look at the consequences of this and reject it. Thank you for your time. Yours truly, Lo anYH Cc: All Aina Services SCANNED AUG 2 2 Zell Planning Dept. BY: tj � � ��p g Exhibit /7 rn ?N August 22,2011 ,# _C 26 A'I c: 07 The Honorable Bobby Jean Leithead-Todd,Director County of Hawaii Planning Department Aupuni Center 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Ms. Leithead-Todd: RE: Applicant Sonomura Rentals,LLC TMK: (3)2-2-048:010, 120, 121, 122, & 123 Request: Change of Zone From Agriculture 3-a to Family-Agricultural 1-a The enclosed letters are signed by supporters of our opposition to Sonomura Rentals request to rezone. We will be forwarding more letters to your office as we receive them. Please help us to keep our Panaewa neighborhood zoned Agriculture 3A. erely, Ori / erlette Shiigi 4 Encl. Planning Dept. 0 7 3 7 4 6 Exhibit a, County of Hawaii Planning Department and Planning Commission Aupuni Center 101 Pauahi Street, Suite 3 Hilo, HI 96720 .Dear Administrators and Commissioners, In concern of the Panaewa community, I do not want to have the Sonomura subdivision to proceed. I want to keep the "COUNTRY"feeling and agricultural-based origins of this peaceful neighborhood. I don't want: El Heavy traffic on our roads (including Makelika Street, Awa Street, Mahiai Street, Lama Street, and Railroad Avenue) FA Safety issues for those who walk on the above streets and children/students who ride their bikes B An increase on our property taxes due to the high priced new homes El To change the zoning of our Agriculture 3A status Other: Please help us to keep our Panaewa neighborhood rural! Some original owners have been living here over 50 years. THANK YOU. Date eXeil;/ Print Name SSE 6r D2rivo Signatu C 873746 County of Hawaii Planning Department and Planning Commission Aupuni Center 101 Pauahi Street, Suite 3 Hilo, HI 96720 .Dear Administrators and Commissioners, In concern of the Panaewa community, I do not want to have the Sonomura subdivision to proceed. I want to keep the"COUNTRY"feeling and agricultural-based origins of this peaceful neighborhood. I don't want: B Heavy traffic on our roads (including Makalika Street, Awa Street, Mahiai Street, Lama Street, and Railroad Avenue) Q Safety issues for those who walk on the above streets and children/students who ride their bikes El An increase on our property taxes due to the high priced new homes Q To change the zoning of our Agriculture 3A status Other: Please help us to keep our Panaewa neighborhood rural! Some original owners have been living here over 50 years.THANK YOU. 0((elt ( Date AAM1-y) 51-7,J Signature � 1 O '73Y4b County of Hawaii Planning Department and Planning Commission Aupuni Center 101 Pauahi Street, Suite 3 Hilo, HI 96720 .Dear Administrators and Commissioners, In concern of the Panaewa community, I do not want to have the Sonomura subdivision to proceed. I want to keep the`COUNTRY"feeling and agricultural-based origins of this peaceful neighborhood. I don't want: Ed Heavy traffic on our roads (including Makalika Street, Awa Street, Mahiai Street, Lama Street, and Railroad Avenue) Ed Safety issues for those who walk on the above streets and children/students who ride their bikes Ed An increase on our property taxes due to the high priced new homes Ed To change the zoning of our Agriculture 3A status . Other: Please help us to keep our Panaewa neighborhood rural! Some original owners have been living here over 50 years.THANK YOU. Date 08 116 / ( 1 Print Name V\IC4/i-kCACO:>6 C..00SU-Pr/1�t Signature j‘f: " 073746 County of Hawaii Planning Department and Planning Commission Aupuni Center 101 Pauahi Street, Suite 3 Hilo, HI 96720 .Dear Administrators and Commissioners, In concern of the Panaewa community, I do not want to have the Sonomura subdivision to proceed. I want to keep the"COUNTRY"feeling and agricultural-based origins of this peaceful neighborhood. I don't want: 0 Heavy traffic on our roads (including Makalika Street, Awa Street, Mahiai Street, Lama Street, and Railroad Avenue) 0 Safety issues for those who walk on the above streets and children/students who ride their bikes Ll An increase on our property taxes due to the high priced new homes Q To change the zoning of our Agriculture 3A status Other Please help us to keep our Panaewa neighborhood rural! Some original owners have been living here over 50 years. THANK YOU. Date 6/0/6....// Print Name rael Signature 0 '73746 County of Hawaii Planning Department and Planning Commission Aupuni Center 101 Pauahi Street, Suite 3 Hilo, HI 96720 .Dear Administrators and Commissioners, In concern of the Panaewa community, I do not want to have the Sonomura subdivision to proceed. I want to keep the°COUNTRY°feeling and agricultural-based origins of this peaceful neighborhood. I don't want: Q Heavy traffic on our roads (including Makalika Street,Awa Street, Mahiai Street, Lama Street, and Railroad Avenue) 0 Safety issues for those who walk on the above streets and children/students who ride their bikes Q An increase on our property taxes due to the high priced new homes Q To change the zoning of our Agriculture 3A status Other. Please help us to keep our Panaewa neighborhood rural! Some original owners have been living here over 50 years. THANK YOU. Date 1q) 1 Print Name -�1Cg- 'FL I-71 Signature iy ' /1- 4) 737 " . County of Hawaii Planning Department and Planning Commission Aupuni Center 101 Pauahi Street, Suite 3 Hilo, HI 96720 .Dear Administrators and Commissioners, In concern of the Panaewa community, I do not want to have the Sonomura subdivision to proceed. • I want to keep the"COUNTRY"feeling and agricultural-based origins of this peaceful neighborhood. I don't want: F! Heavy traffic on our roads (including Makalika Street, Awa Street, Mahiai Street, Lama Street, and Railroad Avenue) Safety issues for those who walk on the above streets and children/students who ride their bikes B An increase on our property taxes due to the high priced new homes Q To change the zoning of our Agriculture 3A status Other: Please help us to keep our Panaewa neighborhood rural! Some original owners have been living here over 50 years. THANK YOU. Date 8/ 1 gl �rz�e Wet fierce_ Print Name 751//AF/% Signature a- 1LA ex 073746 County of Hawaii Planning Department and Planning Commission Aupuni Center 101 Pauahi Street, Suite 3 Hilo, HI 96720 .Dear Administrators and Commissioners, In concern of the Panaewa community, I do not want to have the Sonomura subdivision to proceed. I want to keep the"COUNTRY"feeling and agricultural-based origins of this peaceful neighborhood. I don't want: B Heavy traffic on our roads (including Makalika Street, Awa Street, Mahiai Street, Lama Street, and Railroad Avenue) El Safety issues for those who walk on the above streets and children/students who ride their bikes El An increase on our property taxes due to the high priced new homes Q To change the zoning of our Agriculture 3A status Other: Please help us to keep our Panaewa neighborhood rural! Some original owners have been living here over 50 years. THANK YOU. Date 6— 66.— (2-6C1 . .r Print Name DIVA Lem Y✓ ,( Signature Ie. 4 0 '73/ LIG County of Hawaii Planning Department and Planning Commission Aupuni Center 101 Pauahi Street, Suite 3 Hilo, HI 96720 .Dear Administrators and Commissioners, In concern of the Panaewa community, I do not want to have the Sonomura subdivision to proceed. I want to keep the "COUNTRY"feeling and agricultural-based origins of this peaceful neighborhood. I don't want: B Heavy traffic on our roads (including Makalika Street, Awa Street, Mahiai Street, Lama Street, and Railroad Avenue) Safety issues for those who walk on the above streets and children/students who ride their bikes El An increase on our property taxes due to the high priced new homes El To change the zoning of our Agriculture 3A status Other Please help us to keep our Panaewa neighborhood rural! Some original owners have been living here over 50 years. THANK YOU. Date Gz 'f/d f zo/i Print Name 64i S/. KjM.e„e4 Signature - .... O '�3'746 County of Hawaii Planning Department and Planning Commission Aupuni Center 101 Pauahi Street, Suite 3 Hilo, HI 96720 .Dear Administrators and Commissioners, In concern of the Panaewa community, I do not want to have the Sonomura subdivision to proceed. , I want to keep the"COUNTRY'feeling and agricultural-based origins of this peaceful neighborhood. I don't want: Ed Heavy traffic on our roads (including Makalika Street, Awa Street, Mahiai Street, Lama Street, and Railroad Avenue) Fa Safety issues for those who walk on the above streets and children/students who ride their bikes ▪ An increase on our property taxes due to the high priced new homes Q To change the zoning of our Agriculture 3A status Other: Please help us to keep our Panaewa neighborhood rural! Some original owners have been living here over 50 years. THANK YOU. Date � � 1 Print NammOln■on Pv) • Signatur- �, ALL 11) 473746 County of Hawaii Planning Department and Planning Commission Aupuni Center 101 Pauahi Street, Suite 3 Hilo, HI 96720 .Dear Administrators and Commissioners, In concern of the Panaewa community, I do not want to have the Sonomura subdivision to proceed. I want to keep the"COUNTRY"feeling and agricultural-based origins of this peaceful neighborhood. I don't want: B Heavy traffic on our roads (including Makalika Street, Awa Street, Mahiai Street, Lama Street, and Railroad Avenue) Q Safety issues for those who walk on the above streets and children/students who ride their bikes Q An increase on our property taxes due to the high priced new homes II To change the zoning of our Agriculture 3A status Other: Please help us to keep our Panaewa neighborhood rural! Some original owners have been living here over 50 years. THANK YOU. Date 31/gp,o) loSN cn4 AWAR Print Name `J Signature 07374t County of Hawaii Planning Department and Planning Commission Aupuni Center 101 Pauahi Street, Suite 3 Hilo, HI 96720 .Dear Administrators and Commissioners, In concern of the Panaewa community, I do not want to have the Sonomura subdivision to proceed. I want to keep the"COUNTRY feeling and agricultural-based origins of this peaceful neighborhood. I don't want: L! Heavy traffic on our roads (including Makalika Street, Awa Street, Mahiai Street, Lama Street, and Railroad Avenue) Safety issues for those who walk on the above streets and children/students who ride their bikes Q An increase on our property taxes due to the high priced new homes Ea To change the zoning of our Agriculture 3A status Other: Please help us to keep our Panaewa neighborhood rural! Some original owners have been living here over 50 years. THANK YOU. Date /9 - do1I Print Name 11 i elute ! t: D I V)ASk , Signature / ' f� 1 073746 County of Hawaii Planning Department and Planning Commission Aupuni Center 101 Pauahi Street, Suite 3 Hilo, HI 96720 .Dear Administrators and Commissioners, In concern of the Panaewa community, I do not want to have the Sonomura subdivision to proceed. I want to keep the"COUNTRY"feeling and agricultural-based origins of this peaceful neighborhood. I don't want: El Heavy traffic on our roads (including Makalika Street, Awa Street, Mahiai Street, Lama Street, and Railroad Avenue) Safety issues for those who walk on the above streets and children/students who ride their bikes B An increase on our property taxes due to the high priced new homes El To change the zoning of our Agriculture 3A status Other. Please help us to keep our Panaewa neighborhood rural! Some original owners have been living here over 50 years. THANK YOU. Date A116'1 r"2"v t Print Name ' r2-° Signature 073746 County of Hawaii Planning Department and Planning Commission Aupuni Center 101 Pauahi Street, Suite 3 Hilo, HI 96720 .Dear Administrators and Commissioners, In concern of the Panaewa community, I do not want to have the Sonomura subdivision to proceed. I want to keep the"COUNTRY" feeling and agricultural-based origins of this peaceful neighborhood. I don't want: Heavy traffic on our roads (including Makalika Street, Awa Street, Mahiai Street, Lama Street, and Railroad Avenue) Safety issues for those who walk on the above streets and children/students who ride their bikes I An increase on our property taxes due to the high priced new homes 21 To change the zoning of our Agriculture 3A status Other: Please help us to keep our Panaewa neighborhood rural! Some original owners have been living here over 50 years. THANK YOU. Date 7/0/ 411111° Print Name nr-ii-V g 4�( C--- Signature ID ►, ' A if• 117374 .; County of Hawaii Planning Department and Planning Commission Aupuni Center 101 Pauahi Street, Suite 3 Hilo, HI 96720 .Dear Administrators and Commissioners, In concern of the Panaewa community, I do not want to have the Sonomura subdivision to proceed. I want to keep the "COUNTRY"feeling and agricultural-based origins of this peaceful neighborhood. I don't want: Cl Heavy traffic on our roads (including Makalika Street, Awa Street, Mahiai Street, Lama Street, and Railroad Avenue) Safety issues for those who walk on the above streets and children/students who ride their bikes &l An increase on our property taxes due to the high priced new homes Ei To change the zoning of our Agriculture 3A status Other: Please help us to keep our Panaewa neighborhood rural! Some original owners have been living here over 50 years. THANK YOU. Date ciq I Print Name --�Ol c C rO t&A Signature 62--- 073746 County of Hawaii Planning Department and Planning Commission Aupuni Center 101 Pauahi Street, Suite 3 Hilo, HI 96720 .Dear Administrators and Commissioners, In concern of the Panaewa community, I do not want to have the Sonomura subdivision to proceed. I want to keep the"COUNTRY feeling and agricultural-based origins of this peaceful neighborhood. I don't want: Q Heavy traffic on our roads (including Makalika Street, Awa Street, Mahiai Street, Lama Street, and Railroad Avenue) Eii Safety issues for those who walk on the above streets and children/students who ride their bikes CI An increase on our property taxes due to the high priced new homes To change the zoning of our Agriculture 3A status Other: Please help us to keep our Panaewa neighborhood rural! Some original owners have been living here over 50 years. THANK YOU. Date i4u4. (6 2O / Print Name 7-] d R HA L M A Y ► A-e- � Signature 073746 County of Hawaii Planning Department and Planning Commission Aupuni Center 101 Pauahi Street, Suite 3 Hilo, HI 96720 .Dear Administrators and Commissioners, In concern of the Panaewa community, I do not want to have the Sonomura subdivision to proceed. I want to keep the COUNTRY"feeling and agricultural-based origins of this peaceful neighborhood. I don't want: B Heavy traffic on our roads (including Makalika Street, Awa Street, Mahiai Street, Lama Street, and Railroad Avenue) O Safety issues for those who walk on the above streets and children/students who ride their bikes Q An increase on our property taxes due to the high priced new homes 0 To change the zoning of our Agriculture 3A status Other: Please help us to keep our Panaewa neighborhood rural! Some original owners have been living here over 50 years. THANK YOU. F - I ( Date -- / 6 Print Name k)1 12/\ Signatur- ,4 ,. 073746 County of Hawaii Planning Department and Planning Commission Aupuni Center 101 Pauahi Street, Suite 3 Hilo, HI 96720 .Dear Administrators and Commissioners, In concern of the Panaewa community, I do not want to have the Sonomura subdivision to proceed. I want to keep the "COUNTRY'feeling and agricultural-based origins of this peaceful neighborhood. I don't want: El Heavy traffic on our roads (including Makalika Street, Awa Street, Mahiai Street, Lama Street, and Railroad Avenue) B Safety issues for those who walk on the above streets and children/students who ride their bikes An increase on our property taxes due to the high priced new homes Q To change the zoning of our Agriculture 3A status Other: Please help us to keep our Panaewa neighborhood rural! Some original owners have been living here over 50 years. THANK YOU. Date ji(of 1 / Print Name 'Diane, Kw43 V a • Signature "3746 County of Hawaii Planning Department and Planning Commission Aupuni Center 101 Pauahi Street, Suite 3 Hilo, HI 96720 .Dear Administrators and Commissioners, In concern of the Panaewa community, I do not want to have the Sonomura subdivision to proceed. I want to keep the"COUNTRY"feeling and agricultural-based origins of this peaceful neighborhood. I don't want: fiff Heavy traffic on our roads (including Makalika Street, Awa Street, Mahiai Street, Lama Street, and Railroad Avenue) 51 Safety issues for those who walk on the above streets and children/students who ride their bikes An increase on our property taxes due to the high priced new homes ll To change the zoning of our Agriculture 3A status Other: Please help us to keep our Panaewa neighborhood rural! Some original owners have been living here over 50 years. THANK YOU. Date g - Print Name (?U,-Imo,�s � -- Signature // ,(4D 073'74 County of Hawaii Planning Department and Planning Commission Aupuni Center 101 Pauahi Street, Suite 3 Hilo, HI 96720 .Dear Administrators and Commissioners, In concern of the Panaewa community, I do not want to have the Sonomura subdivision to proceed. I want to keep the"COUNTRY"feeling and agricultural-based origins of this peaceful neighborhood. I don't want: El Heavy traffic on our roads (including Makalika Street, Awa Street, Mahiai Street,Street, and Railroad Avenue) t' Safety issues for those who walk on the above streets and children/students who ride their bikes Fa An increase on our property taxes due to the high priced new homes Q To change the zoning of our Agriculture 3A status Other: • Please help us to keep our Panaewa neighborhood rural! Some original owners have been living here over 50 years. THANK YOU. Date 142 k Print Name TRO1)a2, Signature 07374E County of Hawaii Planning Department and Planning Commission Aupuni Center 101 Pauahi Street, Suite 3 Hilo, HI 96720 .Dear Administrators and Commissioners, In concern of the Panaewa community, I do not want to have the Sonomura subdivision to proceed. I want to keep the COUNTRY"feeling and agricultural-based origins of this peaceful neighborhood. I don't want: Ef Heavy traffic on our roads (including Makaliika Street, Awa Street, Mahiai Street,Street, and Railroad Avenue) t' Ef Safety issues for those who walk on the above streets and children/students who ride their bikes �l An increase on our property taxes due to the high priced new homes El To change the zoning of our Agriculture 3A status Other: Please help us to keep our Panaewa neighborhood rural! Some original owners have been living here over 50 years. THANK YOU. Date!\\01 Print Name Nan cv/ Clip Signature 073746 County of Hawaii Planning Department and Planning Commission Aupuni Center 101 Pauahi Street, Suite 3 Hilo, HI 96720 .Dear Administrators and Commissioners, In concern of the Panaewa community, I do not want to have the Sonomura subdivision to proceed. I want to keep the"COUNTRY"feeling and agricultural-based origins of this peaceful neighborhood. I don't want: El Heavy traffic on our roads (including Makelika Street, Awa Street, Mahiai Street, Lama Street, and Railroad Avenue) El Safety issues for those who walk on the above streets and children/students who ride their bikes El An increase on our property taxes due to the high priced new homes Q To change the zoning of our Agriculture 3A status Other: mot' A- _, L _ _ t > Please help us to keep our Panaewa neighborhood rural! Some original owners have been living here over 50 years. THANK YOU. Date ,� r7 call Print Name t:511 44 d i'� Signatu - . sL 073746 County of Hawaii Planning Department and Planning Commission Aupuni Center 101 Pauahi Street, Suite 3 Hilo, HI 96720 .Dear Administrators and Commissioners, In concern of the Panaewa community, I do not want to have the Sonomura subdivision to proceed. I want to keep the"COUNTRY"feeling and agricultural-based origins of this peaceful neighborhood. I don't want: El Heavy traffic on our roads (including Makalika Street, Awa Street, Mahiai Street, Lama Street, and Railroad Avenue) Fa Safety issues for those who walk on the above streets and children/students who ride their bikes El An increase on our property taxes due to the high priced new homes El To change the zoning of our Agriculture 3A status Other. / ��f I?/�11f fhe P eiev Mess 0 f ll.S �Or!IYI7 GlI?< thing&. Iii peacefiv, filei and has a fl/nat /X 1 Vey l/Y/tj Aeer- 1r"a174cov4...I i L• 1greatplace, 7 /74'sc iy1 eilikfirm tod rJ wA\j Atimennr is rn'w A'r���t/.L.,t � to Please help us to keep our Panaewa neighborhood rural! Some original owners have been living here over 50 years. THANK YOU. Date ail / Print Name Af/J7qq I Si PAU. /�gnature "/ /el/7 073746 County of Hawaii Planning Department and Planning Commission Aupuni Center 101 Pauahi Street, Suite 3 Hilo, H196720 .Dear Administrators and Commissioners, In concern of the Panaewa community, I do not want to have the Sonomura subdivision to proceed. I want to keep the "COUNTRY"feeling and agricultural-based origins of this peaceful neighborhood. I don't want: El Heavy traffic on our roads (including Makalika Street, Awa Street, Mahial Street, Lama Street, and Railroad Avenue) 0 Safety issues for those who walk on the above streets and children/students who ride their bikes CI An increase on our property taxes due to the high priced new homes RI To change the zoning of our Agriculture 3A status Other: Please help us to keep our Panaewa neighborhood rural! Some original owners have been living here over 50 years. THANK YOU. Date . G(4 / 7, 20 /I Print Name �+g�1 t S /- (��� �,5¢// Signatur _ ��� • County of Hawaii Planning Department and Planning Commission Aupuni Center • 101 Pauahi Street, Suite 3 Hilo, HI 96720 .Dear Administrators and Commissioners, In concern of the Panaewa community, I do not want to have the Sonomura subdivision to proceed. I want to keep the"COUNTRY'feeling and agricultural-based origins of this peaceful neighborhood. I don't want: lid Heavy traffic on our roads (including Makalika Street, Awa Street, Mahiai Street, Lama Street, and Railroad Avenue) Q Safety issues for those who walk on the above streets and children/students who ride their bikes Q An increase on our property taxes due to the high priced new homes To change the zoning of our Agriculture 3A status Other: Please help us to keep our Panaewa neighborhood rural! Some original owners have been living here over 50 years. THANK YOU. Date 4 Gt 17 41 102-\ekticzt_ Print Name 6 1L1.SF.,W O•J A r Fe Signaturek 0111Pe"A ar• 07.3746 County of Hawaii Planning Department and Planning Commission Aupuni Center 101 Pauahi Street, Suite 3 Hilo, HI 96720 .Dear Administrators and Commissioners, In concern of the Panaewa community, I do not want to have the Sonomura subdivision to proceed. I want to keep the"COUNTRY"feeling and agricultural-based origins of this peaceful neighborhood. I don't want: B Heavy traffic on our roads (including Makalika Street, Awa Street, Mahiai Street, Lama Street, and Railroad Avenue) Q Safety issues for those who walk on the above streets and children/students who ride their bikes I An increase on our property taxes due to the high priced new homes El To change the zoning of our Agriculture 3A status Other: �. 0 - i % 111 DO L d4tee,141.1 9 T Please help us to keep our Panaewa neighborhood rural! Some original owners have been living here over 50 years. THANK YOU. Date V! //f Print Name i9-ry1,e- ` 0.144-Pe-&-c �r/,4FiSigr�iat<ue.--- • ,.- 073746 County of Hawaii Planning Department and Planning Commission Aupuni Center 101 Pauahi Street, Suite 3 Hilo, HI 96720 .Dear Administrators and Commissioners, In concern of the Panaewa community, I do not want to have the Sonomura subdivision to proceed. I want to keep the COUNTRY'feeling and agricultural-based origins of this peaceful neighborhood. I don't want: El Heavy traffic on our roads (including Makalika Street, Awa Street, Mahiai Street, Lama Street, and Railroad Avenue) IRE Safety issues for those who walk on the above streets and children/students who ride their bikes Q An increase on our property taxes due to the high priced new homes Q To change the zoning of our Agriculture 3A status 7 Other. _ r // i /, nz 1 /'' 4- Ow,e! Y&/,6gi o ,sh i 46-411 r i hi0��� jn/ �, o the 4/reds �e� a I,4 M n � ' e H/ b f$,� I here rQ e s-11►v4 of 1-he iffiersechi, d 441;4 14hofiehua , As a fi-)/1 atik‘rd rai6ed ppro erf -t4x wf1th Zfrn Please help/us to keep our Panaewa neighborhood eighborhood rural! Some original owners have been living here over 50 years. THANK YOU. Date g7/6 it i Print Name PI I kd /4a k, d Signature A/1112Lithit 073746 County of Hawaii Planning Department and Planning Commission Aupuni Center 101 Pauahi Street, Suite 3 Hilo, HI 96720 .Dear Administrators and Commissioners, In concern of the Panaewa community, I do not want to have the Sonomura subdivision to proceed. I want to keep the"COUNTRY"feeling and agricultural-based origins of this peaceful neighborhood. I don't want: B Heavy traffic on our roads (including Makalika Street, Awa Street, Mahiai Street,Street, and Railroad Avenue) t' El Safety issues for those who walk on the above streets and children/students who ride their bikes WI An increase on our property taxes due to the high priced new homes Q To change the zoning of our Agriculture 3A status Other: Please help us to keep our Panaewa neighborhood rural! Some original owners have been living here over 50 years. THANK YOU. Date e( ( i Print Name �'` L �p 4 Signature 473 '746 County of Hawaii Planning Department and Planning Commission --- Aupuni Center 101 Pauahi Street, Suite 3 Hilo, HI 96720 .Dear Administrators and Commissioners, In concern of the Panaewa community, I do not want to have the Sonomura subdivision to proceed. I want to keep the COUNTRY°feeling and agricultural-based origins of this peaceful neighborhood. I don't want: E?i Heavy traffic on our roads (including Makalika Street, Awa Street, Mahiai Street, Lama Street, and Railroad Avenue) Ed Safety issues for those who walk on the above streets and children/students who ride their bikes El An increase on our property taxes due to the high priced new homes Q To change the zoning of our Agriculture 3A status Other: Please help us to keep our Panaewa neighborhood rural! Some original owners have been living here over 50 years. THANK YOU. Date j/' s/i • Print Name a 1 g L// 7 7.9&4/vl/,f F Si nature( CS 'J 2 '7zILev 073746 County of Hawaii Planning Department and Planning Commission Aupuni Center 101 Pauahi Street, Suite 3 Hilo, HI 96720 .Dear Administrators and Commissioners, In concern of the Panaewa community, I do not want to have the Sonomura subdivision to proceed. I want to keep the"COUNTRY"feeling and agricultural-based origins of this peaceful neighborhood. I don't want: B Heavy traffic on our roads (including Makalika Street, Awa Street, Mahiai Street, Lama Street, and Railroad Avenue) Ed Safety issues for those who walk on the above streets and children/students who ride their bikes WI An increase on our property taxes due to the high priced new homes Ea To change the zoning of our Agriculture 3A status Other: Please help us to keep our Panaewa neighborhood rural! Some original owners have been living here over 50&years. THANK YOU. Date ari _ 15 c a 1/ Print Name :5A i C7a S p cic, g =7 Signature .,' ,I ,g 073740 County of Hawaii Planning Department and Planning Commission Aupuni Center 101 Pauahi Street, Suite 3 Hilo, HI 96720 .Dear Administrators and Commissioners, In concern of the Panaewa community, I do not want to have the Sonomura subdivision to proceed. I want to keep the"COUNTRY"feeling and agricultural-based origins of this peaceful neighborhood. I don't want: B Heavy traffic on our roads (including Makalika Street, Awa Street, Mahiai Street, Lama Street, and Railroad Avenue) B Safety issues for those who walk on the above streets and children/students who ride their bikes 53 An increase on our property taxes due to the high priced new homes Ed To change the zoning of our Agriculture 3A status Other: Please help us to keep our Panaewa neighborhood rural! Some original owners have been living here over 50 years. THANK YOU. Date •J - 15 - // Print Name ////13 .5 7 5'e4h cf_ '`` �� 5i natu - � ' • 073746 County of Hawaii Planning Department and Planning Commission Aupuni Center 101 Pauahi Street, Suite 3 Hilo, Hi 96720 .Dear Administrators and Commissioners, In concern of the Panaewa community, I do not want to have the Sonomura subdivision to proceed. I want to keep the "COUNTRY"feeling and agricultural-based origins of this peaceful neighborhood. I don't want: Q Heavy traffic on our roads (including Makalika Street, Awa Street, Mahiai Street, Lama Street, and Railroad Avenue) • Safety issues for those who walk on the above streets and children/students who ride their bikes El An increase on our property taxes due to the high priced new homes • To change the zoning of our Agriculture 3A status Other: Please help us to keep our Panaewa neighborhood rural! Some original owners have been living here over 50 years. THANK YOU. Date 01911 Print Name 8 I --)AAA .-3 Signature ! • 00 MA-k 41 //(4 ST €1-7'7 1-1q Lo H-1 %7� 3' County of Hawaii Planning Department and Planning Commission Aupuni Center 101 Pauahi Street, Suite 3 Hilo, HI 96720 .Dear Administrators and Commissioners, In concern of the Panaewa community, I do not want to have the Sonomura subdivision to proceed. I want to keep the "COUNTRY"feeling and agricultural-based origins of this peaceful neighborhood. I don't want: Q Heavy traffic on our roads (including Makalika Street, Awa Street, Mahiai Street, Lama Street, and Railroad Avenue) O Safety issues for those who walk on the above streets and children/students who ride their bikes Q An increase on our property taxes due to the high priced new homes Q To change the zoning of our Agriculture 3A status Other: Please help us to keep our Panaewa neighborhood rural! Some original owners have been living here over 50 years. THANK YOU. Date glib,II Print Name 65trah 1grnuoi /, i%/ r `I 073746 ' County of Hawaii Planning Department and Planning Commission Aupuni Center 101 Pauahi Street, Suite 3 Hilo, HI 96720 • .Dear Administrators and Commissioners, In concern of the Panaewa community, I do not want to have the Sonomura subdivision to proceed. I want to keep the"COUNTRY"feeling and agricultural-based origins of this peaceful neighborhood. I don't want: El Heavy traffic on our roads (including Makalika Street, Awa Street, Mahiai Street, Lama Street, and Railroad Avenue) Q Safety issues for those who walk on the above streets and children/students who ride their bikes El An increase on our property taxes due to the high priced new homes Ed To change the zoning of our Agriculture 3A status Other: Please help us to keep our Panaewa neighborhood rural! Some original owners have been living here over 50 years. THANK YOU. Date 31 16 . (1 Print Name V Signature tAtetelf 073746 County of Hawaii Planning Department and Planning Commission Aupuni Center 101 Pauahi Street, Suite 3 Hilo, HI 96720 .Dear Administrators and Commissioners, In concern of the Panaewa community, I do not want to have the Sonomura subdivision to proceed. I want to keep the"COUNTRY"feeling and agricultural-based origins of this peaceful neighborhood. I don't want: B Heavy traffic on our roads (including Makalika Street,Awa Street, Mahiai Street, Lama Street, and Railroad Avenue) Q Safety issues for those who walk on the above streets and children/students who ride their bikes El An increase on our property taxes due to the high priced new homes El To change the zoning of our Agriculture 3A status Other: Please help us to keep our Panaewa neighborhood rural! Some original owners have been living here over 50 years. THANK YOU. Date f:a H, It Print Name /PJ I V• / oSH►A� Sig -ture����' '' Pr 073746 County of Hawaii Planning Department and Planning Commission Aupuni Center 101 Pauahi Street, Suite 3 Hilo, HI 96720 .Dear Administrators and Commissioners, In concern of the Panaewa community, I do not want to have the Sonomura subdivision to proceed. I want to keep the"COUNTRY"feeling and agricultural-based origins of this peaceful neighborhood. I don't want: Ll Heavy traffic on our roads (including Makalika Street, Awa Street, Mahiai Street, Lama Street, and Railroad Avenue) Q Safety issues for those who walk on the above streets and children/students who ride their bikes Q An increase on our property taxes due to the high priced new homes Ll To change the zoning of our Agriculture 3A status Other: Please help us to keep our Panaewa neighborhood rural! Some original owners have been living here over 50 years. THANK YOU. Date as j. I, , 2 0 Print Name a-r�°� jacyjii o' ' -. Signature 07374 County of Hawaii Planning Department and Planning Commission Aupuni Center 101 Pauahi Street, Suite 3 Hilo, Ht 96720 .Dear Administrators and Commissioners, In concern of the Panaewa community, I do not want to have the Sonomura subdivision to proceed. I want to keep the"COUNTRY"feeling and agricultural-based origins of this peaceful neighborhood. I don't want: Q Heavy traffic on our roads (including Makalika Street, Awa Street, Mahiai Street, Lama Street, and Railroad Avenue) Safety issues for those who walk on the above streets and children/students who ride their bikes WI An increase on our property taxes due to the high priced new homes El To change the zoning of our Agriculture 3A status Other: Please help us to keep our Panaewa neighborhood rural! Some original owners have been living here over 50 years. THANK YOU. Date Stacy If Print Name ' l y e e fl) 14 . 1LO/ - . 4 Si na - Cdr 1)44_ I 0'73746 County of Hawaii Planning Department and Planning Commission Aupuni Center 101 Pauahi Streets Suite 3 Hilo, HI 96720 .Dear Administrators and Commissioners, In concern of the Panaewa community, I do not want to have the Sonomura subdivision to proceed. I want to keep the"COUNTRY"feeling and agricultural-based origins of this peaceful neighborhood. I don't want: Q Heavy traffic on our roads (including Makalika Street, Awa Street, Mahiai Street, Lama Street, and Railroad Avenue) Q Safety issues for those who walk on the above streets and children/students who ride their bikes lid An increase on•our property taxes due to the high priced new homes Q To change the zoning of our Agriculture 3A status Other. Please help us to keep our Panaewa neighborhood rural! Some original owners have been living here over 50 years. THANK YOU. Date I Print Name f Signature � (� t 6 • 073746 County of Hawaii Planning Department and Planning Commission Aupuni Center 101 Pauahi Street, Suite 3 Hilo, HI 96720 .Dear Administrators and Commissioners, In concern of the Panaewa community, I do not want to have the Sonomura subdivision to proceed. I want to keep the"COUNTRY"feeling and agricultural-based origins of this peaceful neighborhood. I don't want: Q Heavy traffic on our roads (including Makalika Street, Awa Street, Mahiai Street, Lama Street, and Railroad Avenue) Q Safety issues for those who walk on the above streets and children/students who ride their bikes Q An increase on our property taxes due to the high priced new homes Q To change the zoning of our Agriculture 3A status Other: Please help us to keep our Panaewa neighborhood rural! Some original owners have been living here over 50 years. THANK YOU. Date I ZO �1 Print Name V-k49 M k-Oc Signature 1- i 073746 August 17,2011 County of Hawaii Planning Department&Planning Commission Aupuni Center 101 Pauahi Street, Suite 3 Hilo,HI 96720 Dear Commissioners, Please stop the Sonomura development in the Panaewa agriculture neighborhood.This is not a residential subdivision. Since I purchased my lot in 1958,my family has grown a variety of products and enjoy the peaceful farming atmosphere so close to Hilo town.My grandchildren and great grandchildren look forward to visiting me and my farm. It's a nice change from the city atmosphere of Honolulu. We also have a good kumiai where we get together for picnics and catch up on what's happening with our neighbors. I don't want: • Increased ground traffic on our roads=Makalika Street.Lama Street.Awa Street,,Mahiaj Street.Railroad Avenue • Increased property taxes because the new houses will raise the value of properties Please hear and support my wishes for keeping our farm neighborhood the same. Thank you Very much for your time. Mitsuki Matsunaga 073746 August 18,2011 County of Hawaii Planning Dept.and Commission Aupuni Center 101 Pauahi Street,Suite 3 Hilo,HI 96720 To Those Who Make The Final Decision on Our Panaewa Neighborhood: County of Hawaii:1989 General Plan POLICIES A.ECONOMIC o The County of Hawaii shall assist the expansion of the agricultural industry,especially diversified agriculture,through the protection of important agricultural lands,capital improvements and other programs,and continued cooperation with appropriate State and Federal agencies. For the sansei generation,our issei grandparents immigrated from other countries and came to Hawaii....specifically the Big Island to work off the land to support their families.They worked very hard to grow things(fruits,vegetables,plants,flowers,or made things from their products).Now many of the nisei and sansei generation followed suit by continuing to create a living while providing products for the community.Please support the"grown in Hawaii"program by saving our lifestyle. Our Panaewa Ag Neighborhood is threatened with developers who want to sub-divide and sell for a profit.They will not be living among us and appreciate the gifts that our lands provide. We want to keep our farming AG 3A status and: NO More traffic on our roads(Makalika Street,Lama Street,Awa Street,Railroad Avenue,Mahiai Street,etc.) NO More safety issues worrying whether it's Ok to walk for exercise or children riding their bikes NO Higher property taxes due to the new,high-priced subdivision homes We have a"kumiai"made up of really nice people and we have a picnic once-a-year and recently started a Spring bash as well.This lets Panaewa neighbors bring friends and family to enjoy fellowship and hear the latest on what's happening with community.We care about our friends and let each other know when there are concerns such as break-ins. Lynnette Uyesato X7314 PLANNING A.^pR T County of Hawaii Planning Department and Planning Commission fl AUG 2 = m r0: 52 Aupuni Center 101 Pauahi Street, Suite 3 Hilo, HI 96720 .Dear Administrators and Commissioners, In concern of the Panaewa community, I do not want to have the Sonomura subdivision to proceed. , I want to keep the`COUNTRY'feeling and agricultural-based origins of this peaceful neighborhood. I don't want: El Heavy traffic on our roads (including Makalika Street, Awa Street, Mahiai Street, Lama Street, and Railroad Avenue) El Safety issues for those who walk on the above streets and children/students who ride their bikes 1 An increase on our property taxes due to the high priced new homes Fa To change the zoning of our Agriculture 3A status Other. Please help us to keep our Panaewa neighborhood rural! Some original owners have been living here over 50 years. THANK YOU. Date 11 Print Name U' urkii tPi Signatu 073803 rLAUN ° G DEPARTMENT County of Hawaii Planning Department and Planning Commissio P 22 ?1 3' 53 Aupuni Center 101 Pauahi Street, Suite 3 Hilo, HI 96720 .Dear Administrators and Commissioners, In concern of the Panaewa community, I do not want to have the Sonomura subdivision to proceed. I want to keep the"COUNTRY'feeling and agricultural-based origins of this peaceful neighborhood. I don't want: • Heavy traffic on our roads (including Makalika Street, Awa Street, Mahiai Street, Lama Street,and Railroad Avenue) Q Safety issues for those who walk on the above streets and children/students who ride their bikes Q An increase on our property taxes due to the high priced new homes 53 To change tho zoning of our Agriculture 3A status Other: Please help us<to keep our Panaewa neighborhood rural! Some original owners have been living here over 50 years. THANK YOU. Date 512- 8/4/ // r ,/ Print Name y!� d9 I��C Signature G� /r / - SCANNED Plannin • De 4. Exhibit /y By0 P ANNA=:' G DEPARTMENT County of Hawaii Planning Department and Planning t ofrii se oh 50 Aupuni Center 101 Pauahi Street, Suite 3 Hilo, HI 96720 .Dear Administrators and Commissioners, In concern of the Panaewa community, I do not want to have the Sonomura subdivision to proceed. I want to keep the"COUNTRY"feeling and agricultural-based origins of this peaceful neighborhood. I don't want: Q Heavy traffic on our roads (including Makalika Street, Awa Street, Mahiai Street, Lama Street, and Railroad Avenue) Q Safety issues for those who walk on the above streets and children/students who ride their bikes El An increase on our property taxes due to the high priced new homes Q To change the zoning of our Agriculture 3A status Other: Es TING 0>✓--v6-uo p m -r t� —ems P - �r�.1-r S -rl.v c j 6-c r sl o,.35 R A -Ji 'a,, is B6-1+vim 1I-P P u c-� r.,.,e� o.d,4,'r,_ -Q V l �/A-�a�-+s i- 1r-r- �-- 1 D [I R^L 2 F'""1 P--14;' Please help us to keep our Panaewa neighborhood rural! Some original owners have been living here over 50 years. THANK YOU. • A--r 6 a ihil-u._A-1,1 v- - 51 7 c,A-9_Y I 14,2 . Date g' /i- f I t Print Name ?P-'i \ Signature b. k-ti 4:,"��, Planning Dept. SEP 2 3 7011 Exhibit .2_a ny:074327 PLANNING DEP,`„ !, NT County of Hawaii ��. ,q ' . ' 'i Planning Department and Planning Commission ,,, c -p 9. i Aupuni Center '` ` � 101 Pauahi Street, Suite 3 Hilo, HI 96720 .Dear Admin °ators and Commissioners, In concern of the Panaewa community, I do not want to have the Sonomura subdivision to proceed. I want to keep the"COUNTRY"feeling and agricultural-based origins of this peaceful neighborhood. I don't want: Ed Heavy traffic Ort our roads (including Makalika Street, Awa Street, Mahiai Street, Lama Stret,;and Railroad Avenue) Fa Safety issues fcr those who walk on the above streets and children/students who ride their bikiAs PI An increase can our property taxes due to the high priced new homes To change the zoning of our Agriculture 3A status Other: .-r ` � p` • �- � !�L d1� � ��! - rrlJ4/�(T— / i 1 ' � al,- `4 tsl r...- -, tnereale.. 30,4? f QnAa1 AerSI ► 'a-- ax- Ls 1cw r(Ap ckf1 s $(mnSics tov c ° 3v1 enthcan MO' Incvfa-Wil"a n c9,Znc S c A)- 's waS4e- tnarra e_nnen1r 040. evs' cc"cOtti aAesl Please help s:to keep our Panaewa i P p anaewa neighborhood rural! Some original owners have been living here over 50 years. THANK YOU. Date 8/a Si( I Print Name \la eQ , /� AV(l a_ r"��2r Signature .� /ir SCANNED Exhibit o2-/ jo 7 4 3) Bill 156/Couuu. 492 RSonoREZ.doc-10/3/1 1 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION SONOMURA RENTALS,LLC CHANGE OF ZONE APPLICATION(REZ 11-142) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation of the Change of Zone request be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony,the Planning Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant requests a change of zone from Agricultural 3-acres(A-3a)to Family Agricultural 1-acre (FA-la)for approximately 14.729 acres of land to consolidate the six(6)properties to resubdivide into 12 family agricultural lots. In order to consider an area for any type of zoning designation,the applicable goals,policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The Planning Department has received a voluminous amount of letters in opposition to the proposal,with most residents expressing concern over the anticipated increase in traffic in their community. However,the Department of Public Works,Police Department and the Department of Transportation had no major concerns regarding the request. In 2009, a State Land Use Boundary Amendment from Agricultural to Urban and a concurrent Change of Zone from A-3a to RA-.5a for 6.3 acres on TMK: 2-2-48:10 and 120 for a 12-lot residential/agricultural subdivision was denied by the County Council. At that time, many residents in close proximity to the project site expressed similar concerns,primarily related to traffic. For this request, the Planning Department again acknowledges the numerous written comments from the community. However, as requests for change of zones must be reviewed against the objectives in the General Plan as referenced in the Zoning Code, our recommendation is based on a careful analysis of these various factors. The Change of Zone request from A-3a to FA-la conforms to the goals, policies and standards of the General Plan Economic and Land Use Elements. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals,policies, standards and courses of action to accommodate growth without congestion,to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals,policies and standards are set forth to physically plan for the development of lands in the County in the best interest of the island's residents. Land Use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The proposed change of zone conforms to the General Plan Land Use Pattern Allocation Guide(LUPAG)Map. The Land Use Pattern Allocation Guide(LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The project site is designated Low Density Urban, which reflects uses single-family residential in character. The ALISH Map identifies the area as Other Important Agricultural Land; land other than Prime or Unique Agricultural Land of statewide importance for the production of food, feed, fiber and forage crops, and the Land Study Bureau's Productivity rating for the site is "E"or"Very Poor". The project site consists of four vacant parcels, each approximately three acres in size. According to the applicant,the vacant 51-year old dwelling on parcel 10 will be sold. Portions of the project site have been planted in -2- macadamia nut trees but have not been maintained. Portions of the project site were previously utilized as pasture. Immediate surrounding properties are in the State Land Use Agricultural district, zoned A-l0a and A-3a and in residential or agricultural uses. Nani Mau Gardens is located southeast of the site on Makalika Street. The Waiakea Uka Flood Control Project is located on the northern boundary of parcels 10 and 121. The flood control project was constructed to the Federal Emergency Management Agency's(FEMA) standards to manage flood waters in the area. Should this request be approved, or in the absence of any restrictions, the applicant/landowner may apply for an Ohana Dwelling Permit,allowing the construction of a second dwelling unit as a separate or attached unit on each parcel. An additional dwelling may be constructed on each lot, doubling the existing density of the area. The potential to allow additional dwellings may contribute to a cumulative burden on the existing infrastructure. Therefore,a condition will be included in the change of zone ordinance to prohibit a second dwelling(ohana)unit and a Condominium Property Regime on each lot. Restrictions on unit density as proposed have frequently been accepted by the Planning Commission when density and its impacts were a concern. All utilities and services are available to the site. County water is available to the site. The proposed lots will utilize individual wastewater treatment systems meeting with the approval of the Department of Health. Solid waste will be disposed of at appropriate sites designated by the Department of Environmental Management. All essential utilities are available to the project site. Emergency services are available from the Kawailani Fire Station and Police Department in Hilo. Access to the project site is from Awa Street, a County roadway with a 50-foot right-of-way,to Ka'oko'a Place, a private roadway with a 20-foot wide pavement and a 50-foot right-of-way. The Zone Map (Ordinance No. 187)identifies Awa Street as a collector of 60-foot width. The tentative approval for Subdivision No. 96-125 required a 5-foot wide future road widening. The Department of Public Works (DPW) recommends that the applicant provide improvements to the entire frontage along Awa Street consisting of, but not limited to,paved shoulder and swale and any required utility relocation,meeting the -3- requirements of Section 23-86 of the Hawai`i County Code. The DPW also recommends the applicant provide improvements to the existing 20-foot wide pavement within the 50- foot wide Ka`oko`a Place right-of-way consisting of,but not limited to,paved shoulders and swales,meeting with the requirements of a dedicable street. The properties have no severe geological or topographical problems which cannot be rectified or which would render the land unusable. The project site is located within Zone "X", areas determined to be outside the 500-year floodplain. All development generated storm run-off shall be disposed of on-site and not allowed onto adjacent properties or roadways. A portion of parcel 10 has been previously developed for single-family residential use;thus, no formal archaeological study was conducted. By email dated June 30, 2011, the applicant has requested a letter of"no effect" from the DLNR-HPD. The DLNR- HPD has not responded as of this writing. No professional flora or fauna surveys were conducted of the site, as the project site is developed with a single-family dwelling. The properties are located in an area with single-family residential as well as some agricultural uses. Given the nature of the surrounding area, the presence of any endangered species is remote. The request is not contrary to Chapter 205A,Hawaii Revised Statues, relating to Coastal Zone Management. The properties are not located in the Special Management Area. The project site is located more than four miles from the shoreline and will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access to the shoreline or mountain areas that traverses the site. According to the applicant, no valued cultural, historical or natural resources exist on the properties and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus,it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Therefore,no action is necessary to protect these rights. Based on the above fmdings,approval of this change of zone request from an Agricultural 3-acre (A-3a)to a Family Agricultural-1 acre (FA-la)zoned district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. -4- The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map), Chapter 25 (Zoning Code) of the Hawai`i County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -5- CSono REZ.doc-10/3/1 l SONOMURA RENTALS, LLC CHANGE OF ZONE APPLICATION (REZ 11-142) CONDITIONS OF APPROVAL A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within 180 days from the effective date of this ordinance. C. Any action that would interfere with or restrain farming operations on adjacent or contiguous properties shall be prohibited under Hawaii Revised Statutes Chapter 165, the Hawaii Right to Farm Act; provided the farming operations are conducted in a manner consistent with generally accepted agricultural and management practices on adjacent or contiguous lands in the Agricultural District. D. Final Subdivision Approval of the proposed 12-lot subdivision shall be secured within five(5) years from the effective date of this ordinance. E. A 5-foot wide future road widening strip along the project site frontage with Awa Street shall be subdivided and dedicated to the County at no cost, along with the roadway improvements specified in Condition F. F. Provide improvements to the entire frontage of Awa Street consisting of,but not limited to, paved shoulder and swale and any required utility location,meeting with the approval of the Department of Public Works. G. Provide improvements to the existing 20-foot wide pavement within the 50-foot wide Ka`oko`a Place right-of-way consisting of, but not limited to, paved shoulders and swales,meeting the requirements of Section 23-86 of the Hawaii County Code. H. All driveway connections to Ka`oko`a Street shall conform to Chapter 22, Streets and Sidewalks, of the Hawai`i County Code. I. Install streetlights and traffic control devices as may be required by the Traffic Division, Department of Public Works. The applicant shall be responsible for the design,purchase, and installation of such devices. J. Restrictive covenants in the deeds of all the proposed lots shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owners of the property may also impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State of Hawaii Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. K. All development-generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. L. A drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works prior to the submittal of plans for subdivision review. Any drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to the issuance of Final Subdivision Approval. M. Should any remains of historic sites, such as rock walls, terraces,platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources— State Historic Preservation Division(DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR- HPD when it finds that sufficient mitigation measures have been taken. N. The applicant(s) shall make its fair share contribution to mitigate potential regional impacts with respect to parks and recreation, fire,police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval. The fair share contribution for each lot shall be based on the actual number of residential units developed. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share -2- tl contribution may be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a combined value of $12,316.47 per single family residential unit. The total amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per single family residential unit shall be allocated as follows: 1. $5,939.22 per single family residential unit) to the County to support park and recreational improvements and facilities; 2. $286.51 per single family residential unit)to the County to support police facilities; 3. $565.89 per single family residential unit)to the County to support fire facilities; 4. $247.75 per single family residential unit)to the County to support solid waste facilities; and 5. $5,277.10 per single family residential unit) to the County to support road and traffic improvements. In lieu of paying the fair share contribution,the applicants may contribute land and/or construct improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director,upon consultation with the appropriate agencies and approval of the County Council. O. To ensure that the goals and policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawai`i County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to Final Subdivision Approval. P. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included -3- herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. Q. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. R. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance(i.e., a condition to be performed within one year may be extended for up to one additional year). 5. If the applicant should require an additional extension of time, the Planning Department shall submit the applicant's request to the Planning Commission and the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation. -4- COUNTY OF HAWAII ' a�~ �': STATE OF HAWAII BILL NO. ORDINANCE NO. j4, ♦/ 'tk/7-4) AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—THREE ACRES (A-3a) TO RESIDENTIAL AND AGRICULTURAL- ONE ACRE(RA-la)AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-048:010, 120, 121, 122. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waiakea, South Hilo, Hawai`i, shall be Residential and Agricultural - One Acre(RA-1a): Beginning at the southeast corner of this parcel of land,being also the northeast corner of Grant 13,035 to Martin John Branco and on the westerly side of Awa Street,the coordinates of said point of beginning referred to Government Survey Triangulation Station"HALAI",being 15,282.50 feet South and 13,608.69 feet East, thence running by azimuths measured clockwise from true South: 1. 71° 00' 1,352.80 feet along Grant 13,035 to Martin John Branco (Lots 7-A to 7-E, inclusive); 2. 161° 00' 529.35 feet along Executive Order No. 2079 to County of Hawai`i Water Supply (Lot 10); 3. 269° 56' 44" 2.34 feet along Waiakea Flood Control; -1- 4. Thence along Waiakea Uka Flood Control on a curve to the left with a radius of 1,100.00 feet,the chord azimuth and distance being: 260° 28' 22" 362.07 feet; 5. 251° 00' 993.45 feet along Waiakea Uka Flood Control; 6. 341° 00' 469.00 feet along Awa Street to the point of beginning and containing an area of 14.729 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made part hereof. SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 (2005 Edition),the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -2- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -3- FEWIMMISMONI a c 5-10 I MB y R5-30 INIUNEM 111 111111111*.1 I I A ,a A-5a I i A-10a I A-5a A-1a I A-la 1 I A-10a A-10a 2-2-048;010 0: oA2 3s -2-1948 2 2-2-04813fl 5,25250'5 2-2-048:122 13,608.6.E 7 A-10a A-3a TA A-3a -3a AGRICULTURAL-THREE ACRES(A3a) TO RESIDENTIAL 1 AGRICULTURAL- ONE ACRE(RA-1a) FOUR TMKs+ONE ROAD LOT INCLUDED A 10a 14.729 ACRES TOTAL ^' A-3a A 3a A-3a F°-3a A-3a FA-3a FA-"'a A- a MPI0,ST Feet 0 250 500 1,000 1,500 2,000 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL -THREE ACRES (A-3a)TO RESIDENTIAL AND AGRICULTURAL - ONE ACRE (RA-1a), AT WAIAKEA, SOUTH HILO, HAWAII MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TMK:(3)2-2-048:010;120;121;122 DATE:JUN 02,2011 EXHIBIT "A" Sonomura Rentals,LLC Map 1312 Bill 156/Coueu. 492 PLANNING COMMISSION COUNTY OF HAWAI`I HEARING TRANSCRIPT NOVEMBER 3, 2011 A regularly advertised hearing on the application of SONOMURA RENTALS, LLC (REZ 11- 142)was called to order at 12:35 p.m. in the County of Hawai`i, Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai`i, with Chairman Zendo Kern presiding. COMMISSIONERS PRESENT: Zendo Kern, Dean Au, Stephen Ono and Raylene Moses STAFF PRESENT: Julie Mecklenburg(Deputy Corporation Counsel), B. J. Leithead Todd (Planning Director), Daryn Arai (Planning Program Manager), Phyllis Fujimoto (Staff Planner), and Jeff Darrow(Staff Planner). And ten people from the public in attendance ABSENT&EXCUSED: Takashi Domingo and Wallace Ishibashi APPLICANT: SONOMURA RENTALS,LLC (REZ 11-142) Application for a Change of Zone from Agricultural 3-acres (A-3a)to Family Agricultural 1-acre (FA-la) for approximately 14.729 acres of land. The property is a part of the Ka`oko`a Subdivision located along the west side of Awa Street, approximately 175 feet south of the Awa Street and Mahiai Street intersection at Waiakea, South Hilo, Hawai`i, TMK: 2-2-048: 10, 120, 121, 122, 123. KERN: Applicant No. 6, SONOMURA RENTALS, LLC (REZ 11-142), Change of Zone from Agricultural 3-acres (A-3a)to Family Agricultural 1-acre(FA-1a)for approximately 14.729 acres of land located on TMK: 2-2-048: 10, 120, 121, 122, 123. With that, we'll move to staff presentation. Jeff, you have the floor. DARROW: Thank you, Mr. Chairman. Good afternoon, Members of the Planning Commission. If I can direct your attention to our presentation, our next and final applicant this morning is Sonomura Rentals LLC. They're requesting a change of zone. The area of this request is within the South Hilo district. More specifically, we're looking in the Waiakea-Panaewa area. For reference,we have Hawaii Belt Road running in a north-south direction. It's identified with the thick white line. Moving in an east-west direction, we have Makalika Street; and we have Awa Street moving in a north-south direction. The subject property is identified with black outlines. This is a closer view which details the existing and also surrounding zonings of the property and the area as well. Just for reference again, we have Awa Street running in a north-south direction, Makalika on the lower portion of the map. The subject properties are identified with a black outline, and there is an existing roadway that services these lots that is Ka`oko`a Place. The surrounding zonings are identified with different colors. The darker zoning, blue, dark blue, is identified as Agricultural 10 acres. The light blue is identified as Agricultural 3 acres. You'll 1 see a little light shaded purple, that's Family Ag 3 acres. Additionally, you'll see some different green and yellow. The light green up in the upper portion of the map identifies Agricultural 5 acres. The dark green identifies the Agricultural 1 acre. And then we also have some family Agricultural 1 acre identified with a lighter shade of blue. Up in the left hand portion of the map, we have Residential zoning, Residential - 10,000 square feet. This is the General Plan LUAG Map for the area. You'll notice that a majority of it is identified with a yellow, which identifies Low Density Urban. On the right side of the map you have Important Agricultural land. Along the Highway you have some Conservation. This is the State Land Use Designation Map. It identifies the Agricultural and Urban areas that are zoned by the State Land Use. The pink identifies Urban, existing Urban. And the green identifies existing Agriculture. This is an aerial photo. On the subject property itself you will see that there is an existing house that has been there since the fifties. You can see scattered Residential as well as vacant and Agricultural uses in the immediate area. Up in the left hand you'll see the more dense residential area. Just for reference I wanted to just identify some previous zonings of the area. The actual subject property was rezoned from Agricultural 10 acres to Agricultural 3 acres back in 1996. Additionally these two areas were also rezoned back in '94, I'm sorry this area over here. The Family Agricultural area was rezoned in 1998. More specifically we're looking at some of the Agricultural zonings that are similar to this, Nani Mau Gardens which is in this general location. This rezoning occurred back in 1995 and then was amended in 2008 for a time extension for their subdivision, which is currently pending, to create 20 plus agricultural lots. Oh, lastly on the north side of this property is also the Waiakea Uka Control Flood project that's in the handout. The applicant is requesting a change of zone from Agricultural 3 acres to Family Agricultural 1 acre. They are not requesting a State Land Use Boundary Amendment. This is to consolidate the existing four parcels and to subdivide them into twelve Family Agricultural 1-acre lots. This is the applicant's proposed subdivision. You'll see Awa Street on the right side of the map, Ka`oko`a Place in the middle, and then the identified 1-acre lots. Previously back in 2008 the applicant had come in for half the property to try to rezone from State Land Use Agricultural to Urban and change the zoning from Agricultural 3 acres to Residential Agricultural half acre lots. So it would have created 12 lots only on half of the proposed area. Currently the applicant is not proposing to change the State Land Use Boundary Amendment but is proposing to just change the zoning from Agricultural 3 to Agricultural, Family-Agricultural 1-acre lots. These are some site photos. This is on Awa Street looking west, identified -. It shows the existing paved access road to the subdivision and it shows the existing residence on the subject property. This is looking on the left side of the proposed, or the south side of the proposed application area. It shows basically just vacant area. This is looking south on Awa Street,just showing the condition of the road; and this is looking north on Awa Street. The subject access road to the property is on the left side of the map. On the right side of the, across from the proposed subdivision is the nearest residence. 2 The Planning Director is recommending that the Planning Commission send a favorable recommendation with conditions. Are there any questions? KERN: Thank you, Jeff. Are there any questions for staff? Commissioner Au. AU: Quick question. In '09, March 18th, what was the reason why the County Council denied the rezoning? DARROW: In looking at the minutes, it appears that they were in response to the opposition to the application from the surrounding neighbors. KERN. Any other questions for staff? Seeing none, thank you, Jeff, appreciate it. If we can get the applicant and their representative to please come forward. Good afternoon. APPLICANT: Good afternoon. KERN: Raise your right hand. Do you swear to tell the truth today before the Windward Planning Commission? MIKKELSON: Yes. KERN: Very good. You've received the recommendation, background report and conditions, and you guys are acceptable, agreeable? MIKKELSON: Yes. KERN: Very good. Do you have anything to comment? MIKKELSON: Yes, actually I do have some-. KERN: Use your microphone. MIKKELSON: I'm sorry. KERN: And give us your name-. MIKKELSON: I do have a brief, I'll be as brief as possible. My name is Lori Mikkelson and I'm representing Mr. Sonomura who could not be here. He has owned the property for more than 20 years. And he, it is in Ag lands right now. And he kind of, in an effort to understanding the opposition, and it's passionate opposition, that he wanted to move forward with a new proposal. He did commit to the Department of Water Supply a$1500 deposit for his initial application. He had to recommit another$1200 for the new application which included all 12 lots, again. He, because the opposition was so strong, and is strong, there are some things that came along the way during the original application. I submitted this morning some testimony from Marvellee Branco-Azevedo; and she in the bottom paragraph said that, you know, that she would agree to 1-acre Residential, 1-acre lots, that they would be something that she could live 3 with. It's a long letter and I don't want to take up the time. But that's basically what it boils down to. So considering that and waiting for the time allotment that was required for a waiting period between applications a friend,mutual friend,brought him to us and we discussed it. And then we did a bunch of research as much as we could to find, you know, what would be the right way to go about this, what be the most, the way to achieve what he wanted. So in our research we came upon doing the Family 1-acre lots. And he felt that that was a good compromise. It does require him to do some more paving up there. But he already has installed a hydrant, he has already done the right work within the, got the County right-of-way permit. It's already striped, and that's ready to go. So he's satisfied that he could move forward with that portion of the project. Again, during this process we were contacted by Councilman Onishi and he requested that we come to his office for a meeting, which we agreed to do; and at the meeting he expressed the opposition from the neighbors, and we understand. And he asked me if I would go to a meeting with the community, which I did do, on the 22nd of August. I was sick that night, I had been sick all weekend, so when I got there I was not in a very good condition. I can hardly remember the faces of the people that were there, but I did answer their questions. And it went on for about an hour and a half. And then I went home. It's a long way home. And in the process of doing that, then we kind of had gone through the regular, you know, answering the letters and the conditions of all the other departments, which we've done. And everybody is fine with it. We have had no opposition. Then later,just before this was finally scheduled, we did receive 54 form letters with signatures of people who support their cause with no addresses and tmks; and these were opposition letters. I did check those letters against the people within 1,000 feet of the surrounding properties and there was only one person that was a part of that. So we don't know who these people were, how relevant or what impact there is. Anyway there is a, and generally their property is laid out sort of all by itself over in a corner. It does have the Waiakea Uka drainage completely downwind side that goes all the way down the side and all the way to past Railroad Avenue. So there would be no homes affected in that direction. And traffic was a consideration of the neighborhood. There's basically two ways to get into Hilo from there, one you go backwards to the other part of the neighborhood. So, yeah,they would need to go through Railroad or they would go up through Palai Street and out to Kanoelehua. So that's sort of the idea about the traffic. And we tried to keep, of course, we tried to keep in mind the neighborhood. It would appear that mostly the people that would be affected are the adjacent parcels. And Mr. Sonomura would be willing to do a planting screen of some, you know, viable big plant that would make it, you know, podocarpus or whatever, along the side there that would give them,provide security and privacy that they're looking forward to. And that's what I have to say. Thank you. KERN: Are there any questions for the applicant's representative? I have just a quick one. Where is Mr. Sonomura? When is he going to be available? MIKKELSON: No, he's not on the island right now. 4 KERN: Does he not live on the island or-? MIKKELSON: No, he does live on the island. But he's just not here right now. I think he's in Asia, so -. KERN: Okay. Any other questions for the applicant? Seeing none, you may have a seat. Thank you. Okay. Moving on to public testimony. I'm going to call up the first four people: Ray Kawachi, Jack Branco, Robert Matsuda, David Shiigi. And if I mess up anybody's names I certainly do apologize. Okay. I'll get you all to raise your right hand. Do you all swear to tell the truth today before the Windward Planning Commission? TESTIFIERS: I do: KERN: Okay, very good. We'll start, let's see, you have three minutes. When three minutes are pau, I'm going to stop you. You know, you might be right in the middle of it, it might be abrupt, I do apologize about that. We'll start with Ray Kawachi. And then give us your name, the area you represent, and you may begin. KAWACHI: My name is Ray Kawachi and I live at 600 Makalika Street. It has been our family home since 1962. The question I would first ask is is there any compelling reason you can think of to grant this change? Because it is a change. It may be a small compelling reason, but there has to be something, other than the applicant asking for it and possibly holding his own bank account hostage. Yes. Okay, I've six points to make. Number one, there are approximately 45 homes in this area if you count the cross between Makalika and Awa Streets. I count six rentals, roughly,maybe two are empty, the rest are residences. Number 2, what is being proposed is, of course, 12 lots, 12 titles, 12 homes to be sold or rented. The land, okay, if it remains at 3.5 acres, which is what it presently is, they will be much more likely to be used for Ag. No. 2 some people have considered this land to be poor agricultural land. It's really not. It depends on what you grow. You can't grow root crops. But my neighbor farmed that area successfully for 35 years. He did it as his sole means of support and raised a family. Perhaps you know T. Miyamoto Farms. Christmas trees, that's what he ended up doing. Nani Mau at the time, at this time,has 26 lots approved. Okay, it was 22. And I can't say that it was a good idea in either case. Right now there are a lot of problems with that subdivision. I don't believe they're really going to be 1 acre farm lots. They're going to be residential. That's the whole plan. And I suspect this is the plan here. I don't blame the Sonomuras because they're good people, they participate in the community, they've done many good things, and they naturally want to maximize their asset. But there are other goals that we should bear in mind. The value of their land going up is also being compensated for in the other direction because our value goes down. I've lived there for, off and on, of course, but for about 30 years. And if this gets approved I'll say welcome to the neighborhood to anyone that comes -. 5 KERN: Your time is up. Thank you for your testimony. Are there any questions for the testifier? Seeing none, thank you. Jack Branco, your name and area you represent, and you may begin. J. BRANCO: Oh, my name is Jack Branco. I live right next to this property in Panaewa. And I'm opposed to it. First of all the water wells that supply all of mauka Waiakea Uka comes from there. Four months ago the drills were going again. They're drilling more wells. It will be bad for the water system, the water table. And, second of all, the request for this zoning change, its intended purpose will not complement the goal of the land, the element of the General Plan which states that the County shall protect and encourage the intensive utilization of the County's Important Agricultural Lands. The approval of this request from Ag-3 to 1-acre does not complement the Land Use Element of the General Plan which states that zoning requests shall be reviewed with the respect to the General Plan's designation, district goals or regional plans compatible with the adjacent land zones. Ag-3 is compatible with the existing surrounding land uses and also adjacent subdivisions of Hawaiian Home Lands. And we don't have any, I don't have any, you know, disagreements with Ag-3. He can leave it as it is. He has four Ag-3 lots. We're satisfied with that. But to break it down to 1 acre then you've got to check the whole surrounding area. And we're not happy with that. And that Azevedo lady that was, said that she was comfortable, I mean satisfied with the 1 acre, that's my sister. And I didn't know about it, so I talked to her about it. And she was under stress all with that cause her father-in-law does a lot of work for Sonomura, and he was in the hospital; and he has since then passed away. So she said she had a lot of stress when she made that thing. So I did call her up on that. But, also,the traffic is another problem. Coming out on the highway in the morning you can't get out. A lot of people divert off, to get off of the main highway to get on Railroad, cause they can reach their destinations faster. So all these factors, we went through the Council two years ago and it's basically the same. It has gotten worse, not better. Then, you know, that's about all I've got to say about this. And then you did have some written stuff from a lot of our neighbors but they can't be here today because they're working and they got previous commitments. But they did write in a lot of letters from July. So I hope you have some of those. KERN: Yes, we do. J. BRANCO: But, you know, that's about all I've got to say right now. KERN: Okay, any questions? I've got one question. How has it gotten worse? J. BRANCO: There's no jobs to support people. There's more traffic coming on Railroad. People trying to avert, get off of those traffic lights on the main highway in the morning. KERN: So traffic has gotten worse? 6 J. BRANCO: Traffic has gotten worse. And this morning coming over here I guess they had a-. If there's any construction work on the road, people, you always, anybody in their right frame of mind going to look for a diversion to get to their destination faster; and they'll take those cutoffs, back roads, you know, to eliminate sitting in traffic, especially on the Panaewa stretch. KERN: Thank you. I'm one of those people that cut across. Any other questions for the testifier? Thank you. Seeing none, Robert Matsuda. Give us your name and area you represent, and you may begin. MATSUDA: Okay, my name is Robert Matsuda. I live at 635 Makalika Street. I'm a third generation farmer and I have been twice displaced on Oahu. So that's when I moved to the Big Island. I have been displaced on Oahu because of the zoning issue that we face today. So I urge the Planning Members to carefully review the Sonomura project with special consideration to preserve the Panaewa area for agriculture. Your decision will impact the whole Big Island, especially the east side where there is a lot of agriculture. So my take on it is that because I'm originally from Oahu and been displaced twice, your decision, the bottom line decision will be will Hilo be another Oahu. Mahalo. KERN: Thank you. Any questions for the testifier? Seeing none, thank you for your testimony. David Shiigi, name and area you represent and you may begin. SHIIGI: Okay. My name is David Shiigi, 165 Makalika Street. I'm an owner of a nursery called Brommelias Hawaii LLC in the Panaewa Farm Lot. You know, I'm not against Mr. Sonomura, Sonomura Rentals from selling the properties. But I wish that, we wish that it would be kept as Ag-3. You know, my main opposition and my family's opposition to Sonomura Rentals is what changes will be made in our area; and it's starting to happen already in the Island of Hawaii—encroaching development in a community where most of these families have fanned, majority of whom have farmed, for the past 50 years. You know, I don't want to see our community turned into another Oahu. I came from Oahu. And I started a nursery in Waianae first and then I moved to Pupukea and I did it on a one-acre lot; and there was no feasibility in what I did to do a farm operation on just a one acre lot. So that's the reason why I moved to Panaewa. I have a seedling hybridizing nursery on these three acres on Makalika Street, and I also have a 10-acre ag park about five minutes away. And I, if we do allow those one-acre lots to develop, I feel that there's going to be a problem with our neighbors and they might be complaining about my use of maybe chicken manure, my spraying of insecticides, noise from equipment. You know, like my friend Jackie and my other friends here they, we have equipment that maybe tend to create noise pollution for their, these smaller lots. So those are some of my concerns. And like what they also said the increased traffic we're having right now in that area, you know, 165 Makalika, I have neighbors down the street putting up little signs "Please Slow down" because they have little keikis running around. And I see these guys blasting down the street and it's spooky, you know, especially in the mornings and the latter part of the day. So that's a pretty major concern with the increased population, the growth in that area. You know, like Jackie 7 mentioned about water tables, that might be a problem, all the infrastructures. So I would like us to stay with the plan, the Hawaii State Plan for 2050, support agriculture and keep everything sustainable. You know, if we get cut off from the economy of the United States, we'll be in big trouble. So we should encourage more agriculture on this island. Okay, thank you. KERN: Thank you for your testimony. Any questions for the testifier? Seeing none, thank you all for testifying. You all may have a seat. I'll call the next two testifiers, Martin Branco and Marvin Hata. I'd like to get both of you to raise your right hand. I'll swear you in. Do you swear to tell the truth today before the Windward Planning Commission? TESTFIERS: I do. KERN: Okay, very good. We'll start with Martin Branco. Use your microphone, give us your name, area you represent, and you may begin. M. BRANCO: I'm Martin Branco. I live in Wright City, Missouri. I'm here visiting. And my property bound the south side of the boundary of Mr. Sonomura's, right in the middle. We've got five lots on the south side or the Puna side. Mine is the middle lot. Okay, I'm against fractionalizing the existing three into one acre. The background here a little bit is we've own that property since the mid-fifties maybe, somewhere in there. I was raised on it and I have a special feeling for that place, you know. And I want to return someday soon and maybe retire there; and pass it on to the grandkids and that kind of ohana thing, you know. Lot of history back there. I hate to see it changed. I think it's good enough, 3 acres. You know, we're all 3 acres. And you're going to mix them all up,just one? Just keep them all three acres. You already got some ones in there. Actually they started with 20-acre farm lots. They were all forested. My dad folks bulldozed all that ohia and all the stuff and we planted mac nuts and raised them, worked hard. I fed the pigs there from 3'a grade to 12th grade. That was my job, you know, cut honohono grass. I had a lot of memories there, and I'd like to preserve that. I'd like to preserve the agriculture. It's a clean environment for everybody, you know. And I don't want to have to reiterate some of the stuff that was said about the traffic and the water. But they're going all be negative impact when they increase the population little bit. I know in time we cannot stop that. You know, it's eventually going to change. But. I think, I feel sorry for the economy and stuff. You know, I know it would be nice if you can go smaller and you can sell it easier. But, you know, like you said earlier, you've got to love one another, huh,maybe. Try think of us too with three acres. Maybe if can try keep three, keep us happy. You can still try sell it three or hang on to it or whatever. You can promote the agriculture. What else I wanted to say? Well, good to be back to Hilo. I don't know what else. You know, I just want to let you know that I'm against the, you know, the fractionalizing. You know, we all got homes. When we leave here we go home and we all have whatever, wherever your home is, you know, but you like your neighbors, cool. Make smaller fractions around you? I don't think so. You know, I don't like the change, nobody like change, especially if it's on the negative. I would like to see them go bigger, instead of one go five, you know. But anyway, that's where I stand. Thank you. 8 KERN: Thank you for your testimony. Any questions for the testifier? Seeing none, thank you. Marvin Hata, give us,use the microphone, name and area you represent, and you may begin. HATA: My name is Marvin Hata. I live on 220 Awa Street,that's a couple lots away from the proposed subdivision. And I just represent my family and myself, and we're against the proposed subdivision. We think it should be kept as Ag-3. I also did farm Ag-1 before, in the past; and it's very hard. And I don't think it's feasible. I think it should be left as three. You know, and over 90 percent of the surrounding area is against this proposed subdivision. And that's why we went through this last year also. I also, you know, agree with my neighbors that the traffic will be impacted. I have been also in an accident trying to get out of our area because there are no acceleration or deceleration lanes. And I think the infrastructure would have to be improved if they're going to make more of these lots here. Thank you for listening. And that's all I have to say. Thank you. KERN: Thank you for your testimony. Any questions for the testifier? Seeing none, you all may have a seat. Thank you for your testimony. MIKKELSON: Excuse me. Would it be possible for me to respond to, regarding the well? KERN: Sure. MIKKELSON: Thank you. Regarding the well, it is back there. It's known that when you put in property when you do developing for houses that you work with an engineer, and they come up with a septic design that is suitable to protect the water and the well. And that's a requirement to get through, you know, your project through the Health Department. As far as the one-acre lots, go, you know, some people want to live ag, want to have their kids in the country and have dogs and chickens and have that kind of an opportunity. And sometimes it's too expensive to do bigger lots. And also people who are my age and getting older we'd look forward to maybe perhaps retiring on a more manageable size than a large acreage. And so that is another consideration that I'm asking you to consider at this time. Ultimately, Mr. Sonomura has not committed to selling any of this. He may develop it and put houses on it, and go that way. So we're not really sure exactly how that's going to go. But I just wanted you guys to know that the well is protected. We'll talk to engineers before we'd do the subdivision plan. Okay? KERN: Thank you for that insight. MIKKELSON: All right. KERN: I appreciate it. Are there any questions? Seeing none, you may have a seat. Thanks. Okay, well, it's that wonderful time of making a motion again. Commissioner Au? 9 AU: Thank you, Mr. Chair. I move to give an unfavorable recommendation to the Hawaii County Council for Sonomura Rentals LLC. KERN: Is there a second? MOSES: Second. KERN: Okay, motion has been made and seconded to send an unfavorable recommendation to the County Council. Discussion? Commissioner Au. AU: I think it's very unfortunate that a landowner cannot do what he wants. He does have rights. He can come up for a rezoning and it is within the parameters that is allowed. And it's very unfortunate but, you know, ag land is very important--very, very important for the Big Island. So with that said that's why I made my motion. But most of us here are landowners so, you know, imagine someone telling you cannot do this with your land. You want to tell them, well, that's my land. Right? So with that said too, you know, I mean it goes both ways. Yeah? But ag land is very important. KERN: Madam Director? LEITHEAD TODD: Yeah, I was going to say that if not today at some point in the future the community I think out there in Panaewa is going to be faced with some hard choices. And that's because I know that there are lots where people have come in and asked for additional farm dwellings. And I know a number of lots where a brother and two sisters they each got a home on their three acres. One of these days they're going to come in and ask for subdivision. I know another family, and you'd probably know if I'd say that I go pound mochi their house out this side, and same thing. They've got three farm dwellings. Now they're actually doing agriculture on the land cause I've seen, you know, the property. Same with the other one, cause there's actually some agriculture on the land. But one of these days that one is going to come in. And maybe not today but down the road there are going to be some hard choices. And that's because you can get an additional, you cannot get ohana on State Land Use Ag,but you can get a farm dwelling. And there are families in Panaewa, and it's not that they sold it to outsiders,but that it's all family, and they're all family living on that land. And you know that eventually people will come in and say that, hey, especially when it's time for the grandchildren, that they're going to want to subdivide so they can pass it on. So change is eventually going to come to Panaewa. This may not be the time that it happens but eventually I think that it is. The reason the Department, when we reviewed it and recommended in favor is because in our General Plan it's not designated as Agriculture. It's designated as Low Density Urban. So generally when we look at these we look at whether it's consistent with the General Plan. And if it's consistent with the General Plan, we tend to recommend in favor. And one-acre Ag is still the minimum even under the State Land Use Law that you can have. But I recognize that it's especially difficult if there is active farming in the area for the neighbors because of the concern that if you have residential property next door that eventually you lose the land to agriculture, piece by piece. So like everything that comes to our Department, it's never easy to come up with a recommendation. And basically what we did is we went with what the General Plan 10 designation was. But it might be that this isn't the time for it,but that's going to be up to the Commission and the Council. KERN: Thank you, Madam Director. Is there any other discussion? I'll chime in a little bit. It's always a challenging impasse between, you know,job creation,job sustainability, agriculture. And we do have a lot of people that work in the construction industry here on the island, which one would think that, you know, creating more lots might lead to building more houses, which you create the more, you know, it'll bring more jobs. But we need to balance that with sustainability in our agriculture, cause that to me is one of the most sustainable industries we have here on our island and the most potential we have here on our island, is for sustainable agriculture. And it seems to me that this area is still more so kind of a core agriculture area, still being utilized for that. And so, yeah, as many of these applications come before us,it's challenging to feel like we're always making the right decision. But, again, I always have to go back to the community, what does the community say, what does the community want. And I don't see that many clear indications of support from the community. I see very clear indications of nonsupport from the community. And that's where the challenge is of anybody who is doing development, is to really embrace the community and work with them so you get people coming and saying, yeah, I've talked story with them, I like it, let's do it, let's do it. In this case we don't have that. And we need to preserve our sustainable agriculture. So I'm going to have to agree with Commissioner Au and support an unfavorable recommendation, even though this is not clear cut. This is not easy for me. So, that's all I have to say. Any other discussion? Seeing none, Jeff? DARROW: Thank you, Mr. Chairman. If we could ask,based on the request for an unfavorable recommendation to go from the Planning Commission, if we could ask for just a simple clarification of the particular reasons for the request for the unfavorable so that we can draft up a letter going up to the Council. KERN: Commissioner Au? AU: The reason for an unfavorable recommendation would be in the best interest for the community and agriculture. DARROW: Okay, thank you. With that, we'll take the roll call. The motion before us is to send an unfavorable recommendation to the Hawaii County Council for this subject request. With that, I'll take the roll. Commissioner Au? AU: Aye. DARROW: Commissioner Moses? MOSES: Aye. DARROW: Commissioner Ono? 11 ONO: Aye. DARROW: And Mr. Chairman? KERN: Aye. DARROW: The motion passes four to zero. KERN: All right, you'll be notified in writing. The discussion ended at 1:15 p.m. Respectfully submitted, C_ w V l am Sharon M. Nomura, Secretary Windward Planning Commission 12 Li ins•JI . ameJ . N 4.' O ft O• 4 •^' 0 hl a w co . . : . c> ........ N , C.41444 C : C) bA al (1) , /.c., cc LI no in , , 0 C 0 cy. ,_ vi) E 0 U `O Ln r--1 Pa \\\\ 1' ,4,4 . 4.." ' . 'i,,,.._,, •;., ,.,,,.,.L.,-,,. --'-' -.''''... :,..:,:,.„I.:,..,„,:.''....::: I Q it .4 T, f P 4 • Z r NOwONAST fol- -- _w • ■! i( i NANI PL_ 1 ' '_ ! '� SLMUR ,, >: 4 110.11111101001111111111.° \ apa P'1 FA't r 4 • r _ Nr N. Q 1 r 5. 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