HomeMy WebLinkAboutCOM 0668.000 2010-2012 �;<r„ p ,..
Mayor William T.Takaba
William P.Kenoi n „1..'S�
a:R k ii,i a; Managing Director
'. ..4�: Wally Lau
ire OF'14,N Deputy Managing Director
County of Hawai`i
25 Aupuni Street • Hilo,Hawai`i 96720 • (808)961-8211 • Fax(808)961-6553
KONA: 74-5044 Ane Keohokalole Highway • Kailua-Kona,Hawaii 96740
(808)323-4444 • Fax(808)326-5663
March 30, 2012
Honorable Dominic Yagong, Chairman m-
and Members of the County Council
County of Hawai`i ,
25 Aupuni Street
Hilo, HI 96720
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Dear Chairman Yagong and Members: w
Change of Zone Application(REZ 11-000149)
Applicant: Leslie A. Botelho and Betty Jean Botelho
Request: FA-2a to FA-la
Tax Map Key: 2-5-040:018
Change of Zone(REZ 840)
Applicant: Graphic Images Hawaii, Inc.
Request: Amend Condition C (Secure Final Subdivision Approval), Condition H
(Drainage Improvements) and Condition I (Improve Kahaopea Street) of
Change of Zone Ordinance No. 99-116
Tax Map Key: 2-2-044:003, 031, 032, 035 and 037
As required by Chapter 7, Sec. 6-7.5 (a), Hawai`i County Charter,transmitted herewith for the
County Council's consideration and action are the Windward Planning Commission's letters and
enclosures regarding the above-referenced requests.
Sin
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William P. Kenoi
Mayor
Enclosures
cc: Planning Department
Comm., T No. b
Hawaii County is an Equal Opportunity Provider and Employer Refo:
Bill 1L$) Ref. Date APR 0 4 2012
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County of Hawaii
WINDWARD PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720
VIR302012 Phone(808)961-8288 • Fax(808)961-8742
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The Honorable Dominic Yagong, Chairman vit
and Members of the County Council
County of Hawai`i
25 Aupuni Street 9?
Hilo, HI 96720
Dear Chairman Yagong and Council Members:
Change of Zone Application (REZ 11-000149)
Applicant: Leslie A. Botelho and Betty Jean Botelho
Request: FA-2a to FA-la
Tax Map Key: 2-5-040:018
The Windward Planning Commission, at its duly held public hearing on March 1, 2012, voted to
recommend for your approval the proposed legislative bill for a Change of Zone from a Family
Agricultural—2 acres (FA-2a) to a Family Agricultural— 1 acre (FA-1a) zoning district for 2.116
acres of land. The property is located along the northeast side of`Akala Road, approximately 75
feet from the `Akala Road—Kaumana Drive intersection, Ponahawai, South Hilo, Hawai`i.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the request:
The applicants are requesting to change the zoning district from Family
Agricultural—2 acre (FA-2a) to Family Agricultural— 1 acre (FA-la) for 2.116 acres of
land in order to subdivide the property into two parcels for family.
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
Hawai`i County is an Equal Opportunity Provider and Employer
The Honorable Dominic Yagong, Chairman
and Members of the County Council
Page 2
decisions must also be considered as they may have an impact on similar areas in the
County.
The change of zone request from a Family Agricultural—2 acre (FA-2a) to a
Family Agricultural— 1 acre (FA-la) zoning district conforms to applicable goals,
policies and standards of the General Plan. The FA zoning district is intended for
lands within the State Land Use Agricultural District, where public services and
infrastructure are appropriate to support the very low density residential needs of a rural
community and where a substantial number of parcels are less than five acres in size, and
where a mix of uses will not conflict with or be detrimental to existing agricultural uses
in the surrounding area.
The Land Use Pattern Allocation Guide (LUPAG) Map component of the General
Plan is a representation of the document's goals and policies to guide the coordinated
growth and development of the County. It reflects a graphic depiction of the physical
relationship among the various land uses. The LUPAG Map establishes the basic urban
and non-urban form for areas within the County. The proposed request conforms to the
LUPAG Map, which designates the property mainly as Important Agricultural Land with
a small portion designated as Low Density Urban. Important agricultural lands are those
lands with better potential for sustained high agricultural yields because of soil type,
climate, topography, or other factors. Additionally, a small portion of the property is
designated as Low Density Urban, which allows residential uses, with ancillary
community and public uses, and neighborhood and convenience-type commercial uses;
overall residential density may be up to six units per acre. The Land Study Bureau's
Detailed Land Classification System identifies mainly as "Existing Urban Development",
with a small part of the soils on the northeastern portion of the property as "C" or"Fair"
for agricultural productivity. The majority of the property is classified as Prime
Agricultural Land by the ALISH System.
A major concern in allowing a rezoning of agricultural land that creates smaller
lot sizes is that this will reduce the potential use of the land for commercial agriculture by
fragmenting the land into areas too small to be farmed on a commercial scale. While a
few crops can be intensively cultivated on very small acreage, usually these crops have a
very limited market. Reducing the size of the lots can reduce the range of potential
agricultural uses and the range of market opportunities for those crops. In this particular
situation, the applicants are requesting the change in zoning in order to subdivide the
property into two lots with the intention of constructing a new dwelling for family. Both
of the newly created lots will still have the potential to be used for truck crop farming or
agricultural purposes, such as pasture.
The Honorable Dominic Yagong, Chairman
and Members of the County Council
Page 3
All essential utilities and services are available to the property. Access to the
property is from `Akala Road, which is a County owned and maintained roadway that has
approximately 18 feet of pavement within a 30-foot right-of-way. The City of Hilo Zone
Map identifies `Akala Road as a proposed 60-foot right-of-way, with a future 15-foot
road widening setback on both sides of`Akala Road. A condition of approval was added
on the previous change of zone that included the property(Ordinance 07-135), which
required the previous applicants to set aside a 15-foot future road widening setback along
the properties frontage with `Akala Road. This condition has been complied with through
the subdivision process (SUB 07-000677). A condition of approval is being added to
require the applicants to subdivide and dedicate upon request to the County of Hawai`i at
no cost, the fifteen (15)-foot wide future road widening setback along the subject
property's `Akala Road frontage to provide for future road widening improvements.
County water can be made available for the request. According to the Department
of Water Supply, County water can be made available for the proposed subdivision from
an existing 6-inch waterline within `Akala Road fronting the subject property. A
condition of approval will require that the applicants install a service lateral to
accommodate a 5/8-inch meter for the additional lot, and install fire hydrants within 300
feet of each lot. The Department of Water Supply recommends that the applicants
contact the owner of the property across `Akala Road (TMK:2-5-040:019), as there are
similar water system improvements required for the Change of Zone application for that
property. Wastewater will be disposed of by individual wastewater systems meeting the
requirements of the Department of Health. All other essential utilities or services are
available to the property.
There is no severe geological or topographical problem for the property that
cannot be properly rectified or which would render the land unusable. The majority of
the property is located in Zone "X", an area determined by FEMA to be located outside of
the 500-year floodplain. However, there is a small area at the southern portion of the
property in Flood Zone "A"where the existing dwelling is located. Flood Zone A is the
Special Flood Hazard Area inundated by the 100-year flood where base flood elevations
have not been determined. A condition of approval will be added restricting the
construction of single-family dwellings or other substantial buildings within areas
designated Flood Zone "A"by the Flood Insurance Rate Map (FIRM).
Should this request be approved, the applicants may apply for a Second Farm
Dwelling, allowing for the construction of a second dwelling unit on each lot. The
potential to allow additional dwellings may contribute to the cumulative burden on the
The Honorable Dominic Yagong, Chairman
and Members of the County Council
Page 4
existing infrastructure. As such, a condition is included to prohibit a second dwelling
unit and a Condominium Property Regime (CPR) on each lot. The condition will require
that restrictive covenants be included in the deeds of all the proposed lots for the
subdivision prohibiting second dwelling units to preserve the residential/agricultural
ambience of the area.
Typically the County Council requires that applicants provide a fair share
contribution to mitigate the potential regional impacts of their development on public
facilities and services such as roads and parks. For Family Agricultural (FA) zoning, the
County Council has historically required this contribution for lot sizes of one acre or less.
For example, a fair share contribution would not be required for FA-2a zoning but would
be required for FA-1a zoning. Thus, a condition of approval will be added to require a
fair share contribution for the additional lot being proposed by the applicants' future
subdivision of the property.
The request is not contrary to Chapter 205A, Hawaii Revised Statutes,
relating to Coastal Zone Management Area. The property is not situated within the
Special Management Area. It is located approximately 4 miles from the nearest coastline
and will not be impacted by coastal hazard and beach erosion. There are no identified
recreational resources, historic resources, public access to the shoreline or mountain
areas, scenic and open space preserves, coastal ecosystems, marine resources or other
natural and environmental resources in the area. Thus, the proposed request and use of
the property will not adversely impact those resources. It is not anticipated that
endangered or threatened candidate species of flora or fauna are located within the subject
property because the property was previously utilized for sugar cane cultivation and
ranching. Presently, there is no evidence of any traditional and customary Native
Hawaiian rights being practiced on the site, nor existence of known valued cultural,
historical or native resources in the area. Thus, it is not anticipated that the proposed
request will have any adverse impact on cultural or historical resources in the area.
The request will not have a significant adverse impact to traditional and
customary Hawaiian Rights. In view of the recent Hawai`i State Supreme Court's
"PASH" and "Ka Pa'akai 0 Ka Aina" decisions, the issue relative to native Hawaiian
gathering and fishing rights must be addressed in terms of the cultural, historical, and
natural resources and the associated traditional and customary practices of the site:
Investigation of valued resources: No formal archaeological reconnaissance
survey, oral history of kamaaina accounts of the area, historical survey of documentary
records, or botanical study was included in the application.
The Honorable Dominic Yagong, Chairman
and Members of the County Council
Page 5
The valued cultural, historical, and natural resources found in the rezoning area.
As the site has been previously utilized for sugar cane cultivation, it is unlikely that there
are any valued cultural, historical, and natural resources to be found in the rezoning area.
Possible adverse effect or impairment of valued resources: There is no evidence
of any possible adverse effects or impairments will occur to any valued resources. Since
the property was formerly used for sugar cane cultivation and has been disturbed in the
past, it is unlikely that any archaeological or historic features exist on the property.
Additionally, there is no evidence that the flora in the area are particularly desired or used
for cultural practices. By letter dated November 16, 2011, the DLNR-SHPD responded
that DLNR-SHPD believes that "no historic properties will be affected"by this current
action.
Feasible actions to protect native Hawaiian rights: As there is no evidence of any
valued cultural, historical, and/or natural resources found on the site, there is no action to
be taken. A condition of approval will be added for the protection of inadvertent finds
should any remains of historic sites, such as rock walls, terraces,platforms, marine shell
concentrations or human burials be encountered. The applicants shall be required to
cease work in the immediate area and contact the Department of Land and Natural
Resources— State Historic Preservation Division (DLNR-SHPD). Subsequent work shall
proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient
mitigation measures have been taken.
Based on the above findings, approval of the Change of Zone request from a
Family Agricultural- 2 acre (FA-2a) 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.
For your favorable consideration, an amendment to Section 25-8-33 (City of Hilo Zone Map),
Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005 Edition) is
transmitted.
The Honorable Dominic Yagong, Chairman
and Members of the County Council
Page 6
We are enclosing copies of the staff Background, Planning Director's Recommendation, and the
PowerPoint presentation for your information.
Sincerely,
Zendo Kern, Chairman
Windward Planning Commission
Lbotelhorez11-0001491pc2
Enclosures
cc: Leslie &Betty Jean Botelho
Department of Public Works
Department of Water Supply
Department of Land &Natural Resources-HPD
Amy Self, Esq., Corporation Counsel
BBotelhoREZ11-149.doc 01/17/12
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
LESLIE A.AND BOBBY JEAN BOTELHO
CHANGE OF ZONE APPLICATION (REZ 11-000149)
LESLIE A. AND BOBBY JEAN BOTELHO have submitted an application for a
Change of Zone from a Family Agricultural—2 acres (FA-2a)to a Family Agricultural— 1 acre
(FA-la) zoning district for 2.116 acres of land. The property is located along the northeast side
of`Akala Road, approximately 75 feet from the `Akala Road—Kaumana Drive intersection,
Ponahawai, South Hilo, Hawai`i,TMK: 2-5-40:18.
PROPOSED ACTION
1. Applicants' Request: The applicants are requesting to change the zoning district from
Family Agricultural—2 acres (FA-2a) to Family Agricultural— 1 acre(FA-1a) for 2.116
acres of land in order to subdivide the property into two parcels.
2. Supportive Information: The applicants, who are the landowners, have submitted the
attached in support of the request. (Planning Department Exhibit 1 - Change of Zone
Application)
BACKGROUND INFORMATION
3. Ordinance 07-135: The property was part of a previous change of zone for a larger
property that changed the district classification from Agricultural-3 acre (A-3a)to
Family-Agricultural—2 acre(FA-2a) (refer to the Exhibit 11 in the application).
4. SUB 07-000677: The property was subdivided into 2 lots on October 14, 2009 in
compliance with Condition C of Ordinance 07-135. (Planning Department Exhibit 2—
SUB 07-000677)
STATE AND COUNTY PLANS
5. State Land Use Designation: Agricultural.
6. General Plan LUPAG Map: Important Agricultural Land and a small portion in Low Density
Urban.
7. County Zoning: Family Agricultural—2 acres (FA-2a).
8. Hilo Community Development Plan: The Hilo CDP, adopted as Planning Commission
Resolution No. 1 on May 21, 1975, identifies the area as A-3a.
Comm. 668
Bill 228
9. Special Management Area(SMA): The property is not located within the SMA and is
approximately 4 miles from the nearest coastline.
DESCRIPTION OF PROPERTY AND SURROUNDING AREA
10. Subject Property: The property is 2.116 acres in size and is irregular in shape. This
property was part of a larger property rezoned in 2007 from A-3a to FA-2a to create 2
lots. The western boundary of the property borders `Akala Road. There is an existing
3-bedroom dwelling constructed in 1961 located on the southwestern corner of the
property. The remainder of the property is overgrown with Wainaku and California
grass.
11. Surrounding Zoning/Land Uses: Surrounding properties to the north, northwest and
east are zoned Family-Agricultural—2 acre(FA-2a) and Agricultural—3 acre (A-3a).
The property located to the west across `Akala Street has recently submitted a Change of
Zone from A-3a to FA-la. To the south along Kaumana Drive are properties zoned
Single-Family Residential— 15,000 square feet(RS-15). Land uses in the immediate area
include residential dwellings and agricultural activities. Kaumana Caves is located to the
southwest on a property zoned Open.
12. Agricultural Lands of Importance to the State of Hawaii(ALISH): Prime
Agricultural Land and a small portion to the southeast is Existing Urban Development.
13. Land Study Bureau's Detailed Land Classification System: Existing Urban
Development and"C"or"Fair".
14. U.S.D.A. Soil Survey: Kaiwiki silty clay loam, 10 to 20 percent slopes(KaD).
15. Flood Zone: The majority of the project area is located in Flood Zone "X", an area
outside of the 500-year flood area. There is a small area at the southern portion of the
property in Flood Zone"A"where the existing dwelling is located. Flood Zone A is the
Special Flood Hazard Area inundated by the 100-year flood where base flood elevations
have not been determined.
16. Flora/Fauna Resources: There were no professional flora/fauna surveys conducted of
the site. The applicants do not believe that rare or endangered floral or faunal resources
-2-
are likely on the site, as the property has been previously used for sugar cane cultivation.
The property is not known to be a habitat for any rare or endangered species.
17. Cultural/Historic/Archaeological Resources: Since the property was formerly used for
sugar cane cultivation,no commissioned archaeological survey was conducted. The
Department of Land and Natural Resources-State Historic Preservation Division has
issued a"no-effect"letter in which they determined that no historic properties will be
affected by this current action(refer to Exhibit 10 within application).
18. Public Access: There is no record of a designated public access to the shoreline or
mountain areas that traverses the property.
PUBLIC UTILITIES AND SERVICES
19. Access: Access to the property is from `Akala Road,which is a County roadway that has
approximately 18 feet of pavement within a 30-foot right-of-way. The City of Hilo Zone
Map identifies `Akala Road as a proposed 60-foot right-of-way, with a future 15-foot
road widening setback on both sides of`Akala Road. As the property was previously
rezoned, a condition of approval was required for the applicants to provide a 15-foot
future road widening along the entire frontage of`Akala Road. This condition was
complied with when the property was subdivided in 2009. The 15-foot future road
setback has been indicated on the 2009 subdivision map as well as the updated tax map
for the property. There is an existing driveway from `Akala Road to the existing
dwelling on the southern portion of the property. There is a second driveway from
`Akala Road to the new proposed lot.
20. Water: According to the Department of Water Supply, County water can be made
available for the proposed subdivision from an existing 6-inch waterline within `Akala
Road fronting the subject property.
21. Wastewater: As there is no municipal sewer system in the area, wastewater will be
disposed of by individual wastewater systems meeting the requirements of the
Department of Health.
-3-
22. Essential Utilities and Services: The Kaumana Fire Station is located about 2 miles
from the property. Police and medical services are available nearby in Hilo. All essential
utilities are available to the property.
AGENCY COMMENTS
23. Department of Public Works: (Planning Department Exhibit 3—January 5,2012
Memo)
24. Department of Water Supply: (Planning Department Exhibit 4—January 11, 2012
Memo)
25. Department of Environmental Management: (Planning Department Exhibit 5—
December 14,2011 Memos)
26. Police Department: (Planning Department Exhibit 6—December 27,2011 Memo)
27. Fire Department: (Planning Department Exhibit 7—December 27,2011 Memo)
28. Department of Health: (Planning Department Exhibit 8—December 16, 2011 and
January 11,2012 Memos)
29. Department of Land and Natural Resources-Land Division: (Planning Department
Exhibit 9 —January 12,2012 Letter)
PUBLIC COMMENTS
30. The Planning Department received the following letter of support for the request:
(Planning Department Exhibit 10-Letter dated December 19,2011 from William V.
Brilhante of Brilhante-Hawaii,LLC)
-4-
CHANGE OF ZONE APPLICATION "
COUNTY OF HAWAII
•
PLANNING DEPARTMENT
(Type or legibly print the requested information)
APPLICANT: LESLIE A. BO I ELHO & BETTY JEAN BOTELHO
_ t
APPLICANT'S SIGNATURE:i� O5"-l-e-E4 . 1-44tODATE: 11/01/11
ADDRESS: 78 Akala rd. Hilo, HI 96720
LIST APPLICANT'S INTEREST IF NOT OWNER: Owners
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS:
PHONE:(Bus.) 896-5333 (Leslie) (Res.) 961-3194 (Fax)
LANDOWNER(S): LESLIE A. BO ELHO & BETTY JEAN BOTELHO
LANDOWNER SIGNATURE(S)•, -42--4% �� - -�-� ��� << � •
DAT D 1/01/11
(May be by letter)
LANDOWNER(S)ADDRESS: 78 Akala rd. Hilo, HI 96720
REQUEST: FA-2a TO FA-1 a
(Existing zoning) (Proposed Zoning) ,
TAX MAP KEY: (3)2-5-40:018
STREET ADDRESS OF PROPERTY: 14 Akala Rd., Hilo, HI 96720
SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 2.116 acres
AGENT: NONE
ADDRESS: N/A
TELEPHONE:(Bus.) N/A (Res.) (Fax)
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: LESLIE A. & BETTY JEAN BOTELHO COPIES: LESLIE A. & BETTY JEAN BOTELHO
Planning Dept.
Exhibit, S
EXHIBIT 2 — Departmental Zoning
Questionnaire
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 ves, please answer the rest of question 1 and then to question 3.
a. How many acres of the requested area do you intend to subdivide? 2.116 acres
b. Into what lot sizes? 1+acres
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? 1 month
d. Do you intend to build houses on the newly created lots? Yes
If yes, please answer the following questions:
On how many of those lots? 1
At what approximate price range? House $300,000
Lot $190,000
Total $490,000
Approximately how long, after approval of the subdivision,
would the first house be available for occupancy? 2 years
If you intend to subdivide, please submit a preliminary schematic
subdivision plan together with your change of zone application
form.
2. If you have no firm plans of subdividing the subject area, do you
intend to:
a. Sell or lease the land to someone who has firm plans? N/A
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
f , If you intend to do either a, b, c, please elaborate on the kind
of plans the other party has. Please, also , include in your
answer approximately how soon after approval of your rezoning do
you expect to transfer the subject land to another party.
3. Do you think that your request and your further plans for the land
will alleviate the local housing situation? Yes
How?
It will add much needed inventory to the region in an area.
4. Are there any buildings on the subject area? Yes
If so, what kind?
One 3-bedroom home,wooden construction.
What do you intend to do with those buildings if your request is
approved?
The home would remain on one of the 1+acre lots;presently located at southwest end of lot. To be
remodeled and occupied by familly
5. Is the subject land currently being used for any agricultural activity? No
If so, please list the kinds of products grown and on how many
square feet or acres of land per product.
The site wass used intermittently for fanning surgar cane. No activity in last 11+years.
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-
a Agricultural leases or other forms of assurance that potential
buyers or leases would put the subject area into some form of
agricultural use?
Please state the proposed type of arrangement.
Please submit your agricultural plans for the subject area and
present evidence of consideration of the above requirements together
with your request for a change of zone.
If you do not intend to subdivide the subject land for some sort of
agricultural purpose, please state your other reasons.
The objectives were family subdivision and creation of 1+acre sized lots for backyard farming
7. To your knowledge, has there been any flooding and/or drainage problem
on the subject area? No
If so, please describe the problem.
8. Do you think that the roads leading to the subject area needs
improvements? No
If so, what kind?
Is the road adequate for the proposed traffic volume or load? Yes
9. What sort of governmental assistance and/or improvements do you feel will
be needed in the subject area when developed?
Yes No
a. Schools X
b. Roads X
c_ Sewer X
d. Drainage X
-3-
Yes No
e . Police Protection X
f . Fire Protection X
X
g, Recreational Facilities
X
h . Public Utilities
X
Other
For those checked "yes", please elaborate what type or kinds of improvements
and/or assistance are needed.
i..e„ ef
-46treeio —Mt°
Signature: Leslie A.Botelho&Betty J-: Botelho
Address: 78 Akala rd
Telephone: (808)-961-3194(808)-896-5333
Date: November 01,2011
-4-
EXHIBIT 3 — Background and County
Environmental Report
BACKROUND AND COUNTY ENVIRONMENTAL REPORT
STATE LAND USE BOUNDARY AMENDMENT (FA-2a to FA-1a)
COUNTY REZONING REQUEST
LESLIE A. BOTELHO & BETTY J. BOTELHO
1486A KAUMANA DRIVE, SOUTH HILO, HAWAI'l
TAX MAP KEY: (3)2-5-40:18
INTRODUCTION
Leslie A. and Betty J. Botelho (hereinafter, applicants), are requesting to rezone a
2.116 acre parcel from Family-Agriculture (FA-2a) to Family-Agriculture (FA-1a)district.
Concurrently, the applicants are proposing to redesignate these 2.116 acres from
Family-Agriculture (FA-2a). Respectively, to Family-Agriculture (FA-1a)
The property is located at 14 Akala Rd. South Hilo, Hawaii and is identified by TMK:
(3)2-5-40:018. (See Attachment A.) It is situated about .6 of a mile makai of
Kaumana Elementary School site and approximately 100 feet hamakua from Kaumana
Drive on Akala Road.
If approved, the applicants intend to subdivide the 2.116-acre parcel into a maximum of
2 (two) lots, consisting of 1+ acre each. It should be noted that the above proposed
subdivision will not eliminate future potential for farming or agricultural activities on the
parcels.
For many years, this property was used for sugar cane crops. Since the demise of the
sugar cane industry, and a few periods of backyard gardening, this property has been
overgrown with California grass and weeds.
A. SUBJECT RERQUEST
1. Details of proposed use/ development:
a. Project description :
Accordingly, the applicants are proposing to rezone the 2.116-acre area from
Family-Agricultural (FA-2a) to Family-Agricultural (FA-1a).
Then if possible the Subdivision of the lot into a 1+ acre lot and convey the
remaining lot to their immediate family. This would be consistent with the
rural/agriculture character of this area.
b. Statement of objectives and reasons for the request.
After due consideration, the applicants believe that, doing a 1+ acre lot
development would be workable. The applicants are second generation to live
in this area. As we all know, the cost of land and housing in Hawaii increases
daily and has presently reached prices that are not affordable to everyone. The
approval of this application would greatly assist the applicant's immediate family
in securing a place for our family to continue to live in Hawaii
Given the above, the applicants would like to proceed with the development of
1
this site into two 1+ acre sized lots. Tentative plans for the subdivision call for
one (1) access point from Akala Road Road. This point would provide access to
the lot. (See Attachment B)
It is understood that the subdivision plan submitted herein may
change prior to receipt of final subdivision approval to accommodate
County subdivision requirements and appropriate conditions of
approval.
c. Number of acres/square feet :
The area of the lot is a total of 2.116 acres.
d. Proposed lots :
If permitted, the application of subdividing the 2+ acre lot intol+ acre lots.
e. Time frame & cost
The applicant hopes to secure the necessary County rezoning approval as soon
as possible and begin the subdivision process immediately thereafter.
Tentatively, the applicants hope to have the land subdivided before the end of
2011.
The estimated on and off-site cost of improvements would be nearly $250,000
due to infrastructure and potential housing.
f. Membership size / number of employees and clientele
N/A
g. Parking arrangement
N/A
h. Traffic impacts
No existing traffic conditions would interfere with the rezoning or subdivision of
the proposed property, the anticipated traffic conditions portray no impact with
traffic flow on Akala rd.
Other related information
N/A included in other sections
J. Proposed on-site and off site infrastructure
The proposed on and off-site infrastructure would eventually be the construction
of a full length driveway water meeter,(water) service line, and one site septic
system.
2
Existing ordinance for previous rezoning NO. 07 135
See exhibit 11
B. CONFROMANCE WITH STATE/ COUNTY PLANS
2. State land use designation
Agricultural
3. Chapter 205A
The site is not located within the County Special Management Area
(SMA). As such, no SMA Use Permit would be required. However, as the entire
island falls within the State Coastal Zone Management (CZM)Area, some
discussion of the request's relationship to the CZM Program follows.
The site is not adjacent to the ocean. It is more than a mile from the shoreline.
As such, the proposed action should not have any adverse impacts on the
area's coastal recreational and marine resources nor have any impacts on
beach protection.
Relative to the Coastal Ecosystems, impacts should be negligible, if at all, as
the site is located well over a mile from the ocean. Notwithstanding the
distance, the nature of the project— residential/agricultural —and the
construction of only three (3) private waste water systems are such that potential
coastal ecosystem impacts would usually not be found.
4. Applicable goals/policies and objectives of the general plan
The County General Plan Land Use Pattern Allocation Guide (LUPAG) map
designates the site Important Agricultural Lands. Certain areas that could have
been classified as Important Agricultural Lands, have been placed within Urban
Land Use categories. This property is adjacent to existing urban areas. This
represents a decision that the orderly development of those urban areas justifies
the eventual conversion of those lands to urban use.
The subject property is presently adjacent to an existing urban area. Based on
the requested Family-Agricultural(FA-1a) designation, the project would be
consistent with the General Plan and no amendments would be required.
5. General Plan designation ( LUPAG mapj
see attachment C
6. Zoning
The County zoning of the subject property is Family-Agricultural (FA-2a) . Properties in
the general area are zoned AG-1, AG-3, RS-10 and RS-15. Properties north, west and
east are zoned AG-3.
If approved, the site would be subdivided pursuant to the Zoning and Subdivision
3
Codes. Further, all uses and standards consistent with the Section 25-5-60 of the Zoning
Code.
7. Community Development plan
N/A
8. Special Management Area
The site is not located within the County Special Management Area
(SMA). As such, no SMA Use Permit would be required. However, as the entire
island falls within the State Coastal Zone Management (CZM)Area, some
discussion of the request's relationship to the CZM Program is found in Chapter
IX, Regulatory Analysis.
C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE
PROPERTY AND SURROUNDING AREA.
9. Description of subject property
The subject area is located at 14 Akala Rd . More specifically, it fronts Akala Road
on the west side, starting at approximately 100 feet north of Kaumana Drive. Both
Kaumana Drive and Akala Road are County roads with Akala Road intersecting
Kaumana Drive just west of the 4-mile marker and .1 mile below Kaumana Caves.
(See Attachment A)
The topography of the site slopes slightly in a mauka (west) to makai(east)
direction.
10. Lava Hazard Zone
The United States Geological Survey (USGS) classifies the area as Lava Flow
Hazard Zone 3, on a scale of ascending risk 9 to 1. The populated area of Hilo
also falls in this category.
There is very little that can be done to mitigate this situation and reflects an ongoing
threat to all residents and businesses in these areas. The entire island of Hawaii falls
within Earthquake Zone 4, according to the County Building Code. As such, certain
structural requirements will be needed and taken during the building permit process to
address this seismic hazard.
11 Distance from coastline
The subject site is located well over four (4) miles from the coastline. As such,
coastal impacts resulting from discharge of waste water systems from the site
should not be significant. Further, being a non-coastal property, no coastal access
will be affected.
Waste water from the project will be serviced with a private sewer system meeting
with the approval and requirements of the State Department of Health. This will
either be a cesspool, septic tank or related system.
4
12. ALISH Designation
The State of Hawaii's Agricultural Lands of Importance to the State of Hawaii
(ALISH) maps classify this site as being "Important Agricultural Use". Under this
system, the subject site is classified as "Prime" due to its prior sugar cane use.
(See Attachment D.)
13. U.S.D.A Soil Report.
The USDA Soil Survey Report identifies soil on this site as "Hilo Series (HoC).
This type of soil is characterized as being well-drained, silty clay loam. The
surface layer is dark-brown silty clay loam about 12 inches thick. The subsoil is
about 48 inches thick and consists of dark-brown, dark-reddish brown silty clay
loam. Permeability is rapid, runoff is slow, and the erosion hazard is slight.
This property also contains slopes ranging from 10 to 20 degrees
14. Land study Bureau soil rating
The Land Study Bureau Overall Master Productivity Rating for the subject area
is essentially Class "N & C". Part of the site is classified "C" which means "fair
productivity potential"; the remaining portion of the site is classified as "not
classified". It is of the Hilo/Wailea soil series, with deep soil. The soil texture is
moderately fine, the color is dark brown, and the parent material is volcanic ash.
It is well drained but moist and is moderately suited for machine till-ability The
southernmost part of this property is however covered with lava rock. (See
Attachment E.)
15 Flood Insurance Rate Map.
The US Corps of Engineers' Flood Insurance Rate Map (FIRM) designates
majority of the subject site to be located in Zone X, areas outside the 500-year
flood plain and some of the area is located in Zone A. (See Attachment F.)
16 Existing drainage ways or improvements
There is a drainage ditch, put in by the County of Hawaii, along the Akala Road
frontage. The ditch ends approximately 180' from the southwest end of the
subject site and water ran from this point of the property to the east end of the
property during heavy rainfall. Diversion of water in areas above Akala Road
(i.e. Akolea Road to accommodate construction), has limited the amount of
water diverted to this drainage ditch to run-off from Akala Road only, being very
minimal even during heavy rainfall. This will be incorporated into the design of
the subdivision and not be interrupted.
17 Air/noise/water quality
Akala Road will serve as the main access to this project from Kaumana Drive.
The existing ambient level in this area is quite low. As such, the corresponding
noise level is quite low. With the completion of this project, the noise level is not
anticipated to increase.
5
There may, however, be short-term noise impacts associated with the
construction of the infrastructure (such as water service lateral and driveway
access improvements) for the proposed subdivision. Contractors will be
required to comply with appropriate noise and related mitigation measures of
the State Department of Health.
The proposed development should not generate any direct air quality impacts.
The only discernible air quality impact could be associated with the vehicular
traffic to and from the site. While there will be an impact to the ambient air
quality, the impact should not be significant, as the project will REDUCE the
density by over 300 percent (25 to 6). Further, with higher EPA standards for
automobile air emissions, the air quality impact should thus hopefully not be
significant.
As such, with the exception of construction dust in the beginning, long term dust
generated by the project should be minimal. Construction dust, however, like
construction noise will have to comply with the State Department of Health's
regulations.
Historical resources
18. Existing archaeological, cultural or historic sites
Refer to Exhibit 10
Natural resources
19. Existing Floral/ Faunal Resources
The original botanical resources of the subject site were removed during the
sugar plantation era. What is left today are weeds that are typical of this area
such as the "Wainaku" and "California" grass. As such, the applicants do not
believe that rare or endangered floral or faunal resources are likely to be found
within the subject site.
Given the site's proximity to residential areas, it is unlikely that it would serve as
a habitat for any rare or endangered animal life. Given its elevation, however, it
may be possible to find the Hawaiian Hawk l'o) and the Hawaiian Owl (Pueo).
20. Scenic or Coastal resources
6
In the Natural Beauty element of the General Plan, there are sites or areas listed
as being a scenic resource. The subject site is not listed as a scenic site.
However, there were a few examples cited in the Hilo area. The most notable is
the backdrop of Mauna Kea and the Hilo Bay.
The proposed development would not have any visual impacts on Mauna Kea or
Hilo Bay. The site is located more on the lower end of Mauna Kea and is not
visible from the Highway. Furthermore, the normal residential height of 30 feet
should not interfere with the view of Mauna Kea. This property possesses no
coastal resources
21. Valued cultural resources
In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai 0
Ka'Aina decisions, the issue relative to native Hawaiian gathering and fishing
rights must be addressed. Specifically, there must be a discussion of the
cultural, historical, and natural resources and associated tradition and customary
practices of this site.
In this situation, the subject site is not adjacent and/or proximate to the
shoreline. As such, gathering of marine life and coastal access is not an issue.
It is not known whether the subject or immediate surrounding area was used in
the recent past for the gathering of plants by native Hawaiians. However, as the
site has been used for sugar cane in the past, it would appear unlikely that the
site would serve such purpose today.
In the unlikely event that legitimate gathering claims are made by native
Hawaiians, the applicant intends to respect and honor such claims and provide
the needed access within the site.
Based on the above, it does not appear that the project would have any potential
adverse impact relative to the cultural and historical resources of the area.
22. Existing public access
N/A none exist.
Social- Economic Characteristics
23. Social settlement plan for the area
No settlement plan for this area has been created, the land will be used for
the reservation of immediate family for them to care for.
24. Economic resources of the area
N/A. No Economic resources in the area have been known besides the
abundance of what was once old sugar cane fields.
7
25. Land values
This parcel is valued for its agricultural value and potential for backyard farming,
the erection of small structures or dwellings. The volcanic ash and soil makes
these values possible.
Surrounding lands
26. Land use
The surrounding area of this subdivision holds no committee nor a known
settlement plan. However the land that surrounds the area have both new and
old structures, seemingly the social norm is comprised of one to two story
residential dwellings.
27. Zoning
Properties in the general area are zoned AG-1,AG-3, RS-10 and RS-15.
Properties north, west and east are zoned AG-3.
D. PUBLIC FACILITIES AND SERVICES
28. Description of access
Immediate access to the project would be via an existing County road called
Akala Road. This road has a 30-foot wide paved section that extends from
Kaumana Drive to a dead-end. The unpaved shoulders have a width of at least
3-5 feet on both sides.
In this general area, Akala Road has a right-of-way of 60 feet, with at least a 30-
foot pavement. There is adequate sight distance in the area of the existing
access, an additional access to the second parcel if approved, would also allow
for adequate site distance while entering or exiting Akala Road. (See
Attachment B.)
Further, access from Akala Road onto Kaumana Drive will be no problem. This
is supported by the recent opening of the Puainako Street extension to Country
Club Drive which now accommodates the flow of most of the traffic traveling to
and from the Hilo town to upper Kaumana and Saddle Road destinations.
29. Availability of water
County water is presently available to the single residential structure on subject
property. One additional water meter is needed to accommodate the new parcel. The
Department of Water Supply has indicated that one additional water meter is reserved
for this property.
8
30. Solid waste
Solid waste will be handled through commercial haulers or the individual
homeowners into authorized landfill sites or transfer stations. With the
requested FA-la zoning, the potential for uses associated with toxic or related
chemical waste would be minimal, if at all. It should be noted that the applicants
intend to retain most of the vegetation on the site and use if for composting for
their property. Thus, waste from this project would be equal to a domestic use.
31. Sewage disposal
Rules and regulations will be followed if and when a sewage disposal unit
is required for this property.
32. Police,schools,fire,parks
As this area is already part of the City of Hilo area, it is already being serviced.
No extension of government services would be required. The nearest fire
station is located less than 4 miles from the site and the main police station is
located less than 5 miles from the site.
In this area, the elementary school is located approximately .5 mile from subject
property. Middle and High Schools are available in Hilo, less than 4 miles away.
Numerous County parks are available in proximity to the subject property.
As such, the project should not result in the extension of any government
services. Further, the required public facilities are located reasonably proximate
to the subject site.
33. Other Utilities
All other utilities such as telephone, cable, and electrical services are available
to the site.
ENVIRONEMTAL ASSESSMENT AND ANALYSIS
34. Relationship Between Local Short-Term Uses of Environment and
Maintenance and Enhancement of Long-Term Productivity
If the request were denied, the short-term use of the site would probably
continue in low level agriculture or lay fallow. The applicants may eventually
construct one dwelling on the site and may elect to do limited agricultural activity
on a portion of the site.
9
Given the Agriculture zoning of properties north and west of the subject site, a
Family-Agricultural subdivision would provide for a reasonable land use
transition.
From a long-term productivity standpoint, then, the proposed 2-lot subdivision
would provide a heightened level of possibility in having the land used for a little
more agricultural activity by individual parcel owners.
35. Mitigative Measures
Should unanticipated archaeological finds be discovered in conjunction with any
further development of the site, work will stop (as is required by the State and
County) and clearance secured before work is resumed.
There is an existing drainage way on the western portion of the property along
Akala Road. This will be taken into account in developing the subdivision.
Furthermore, any and all required grading or grubbing work will be done in
conjunction with the required grading/grubbing permits and/or approved Soil and
Water Conservation District agricultural plan. This is to assure that the
development of this site does not adversely affect the drainage of the
surrounding areas.
Finally, no person or businesses will be dislocated by this project.
36. Evaluation of Alternatives
The project's impacts to the area's social and physical infrastructure
would not appear to be pronounced. Certain mitigative measures will be
taken to address any possible impacts associated by the development of
this project. Further, the project would tend to support the land use
objectives sought to be accomplished by the County General Plan
LUPAG map. Specifically, it would provide for a more orderly land use
transition than the existing FA-2a.
37. Irreversible and Irretrievable Commitment of Resources
The subject site is already disturbed. As such, the project should not result in
an irreversible commitment of natural or archaeological resources.
The soil on the parcel has been classified "N & C" "not classified" and "fair" by
the Land Study Bureau, representing fair agricultural potential. The property
has been non-productive for the last 10+ years and lays covered by the existing
weeds ("California" and "Wainaku" grass). It is thus maintained that the creation
of the 2-lot subdivision should foster and enhance, instead of remove this land
from its more intensive future agricultural potential with individual parcel owners
farming at minimum for personal consumption.
10
38. General Plan Polices
The requested zoning would be consistent with the goals, policies, and
standards of the General Plan document.
For one, it may provide limited short-term economic opportunities largely
through the construction of any improvements required for the subdivision.
More importantly, however, longer-term opportunities would be created largely in
the form of small-scale truck crops by more individual parcel owners. In so
doing, the resultant project should add revenues to the County and State
coffers. The project intends to be energy conscious through the use and/or
encouragement of solar energy and design features to take advantage of wind
patterns.
Maintaining and improving the quality of the environment is important to the
success of this project. The General Plan identifies five (5) areas of
environmental concerns - air pollution, water quality, soil pollution, solid waste
disposal, and noise pollution. As proposed, the project would not be violative of
any of those objectives.
Aside from vehicular transmission, air pollution associated with the project
should be negligible. All wastewater systems would be consistent with the
requirement of the State Department of Health. This should be sufficient to
address any potential groundwater or coastal water impacts.
If required, a solid waste management plan could be prepared and
implemented. The project will also not be a noisy one, except as may be
associated with intermittent farming operations.Any noise-generating facility -
such as air conditioners -would be carefully placed to minimize their noise
impacts to adjoining properties.
Further, it is unlikely that this site would be used as a fruit or vegetable
processing plant, as it would be more economical to send the products
elsewhere.
Only a small portion of the project area falls within any floodway. Nonetheless,
if required, a drainage system will be designed in a manner to protect the
property as well as to minimize the volume of surface runoff generated by this
development.
The site does not appear to have historic sites, and a "no historic properties
affected" determination was made by the State DLNR-HPD. It was previously
extensively cleared and actively cultivated with sugar cane. Nonetheless, work
will cease if unanticipated archaeological remains are discovered while
developing and/or using this property. Work will resume only after proper
clearances from the State and/or County have been received.
Being previously under cultivation, the prospects of the site serving as a habitat
for rare or endangered plant or animal life appear remote.
11
As the FA-2a zoning would allow a residence, the project will indirectly fulfill the
objectives of the housing element by creating an additional lot. This project
would provide an additional lot while still enhancing the site's agricultural
potential. Furthermore, in implementing an affordable housing requirement,
more housing opportunities should be created.
The Plan also emphasizes that developments be mindful of an area's natural
beauty. In this situation, the project has been and will be used in a manner
where it blends with the rural ambience of the surrounding area.
As the project site is more than four miles from the ocean, the usual coastal
resources concern is not pronounced. There will be no interference with
shoreline access. Then, too, through the use of cesspools or septic system or
other acceptable form of wastewater system, impacts to the coastal water will
be minimized.
There will be little impact to public facilities. The wastewater system will be
private. The water system will be developed in a manner meeting with the
requirements of the Department of Water Supply. Akala Road is a County road
and well-maintained leading up to and past the subject site. Schools and other
public facilities are also located proximate to the site, most of them being less
than four (4) miles away.
Finally, in terms of the Land Use and Agricultural elements, the pertinent
goals, policies, and standards of the General Plan note the following:
• Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural and physical environments of the County
• Protect and encourage the intensive utilization of the County's limited prime
agricultural land
• The County shall encourage the development and maintenance of
communities meeting the needs of its residents in balance with the physical
and social environment
• Zoning requests shall be reviewed with respect to General Plan
designation, district goals, regional plans, State Land Use District,
compatibility with adjacent zoned uses, availability of public services and
utilities, access, and public need
• The compatibility of agricultural and non-agricultural uses should
be carefully reviewed and where appropriate, buffers required
• Rural-style Family-Agricultural developments, such as new small-scale rural
communities or extensions of existing rural communities, shall be
encouraged in appropriate locations
12
• The county shall encourage the development and maintenance of
communities meeting the needs of its residents in balance with the physical
and social environment
• Agricultural land shall be used as one form of open space or
green belt.
Admittedly, the requested zoning is not specifically consistent with the Important
Agricultural Lands designation of the LUPAG map. However, it is generally
compatible with the surrounding area and does not foreclose an option in the
future for more intensive development. There is RS-10, RS-15 and AG-3 zoned
properties proximate to the subject site. Thus, the requested FA-2a zoning
would provide a good buffer between the larger agricultural lots and the urban
sized lots.
Although the soil of the site is classified "N" or "not classified" and "C" or "fair", it
does have agricultural potential, as evidenced by the grass and weeds on the
site. This request should thus encourage more intensive agricultural activities
on the site. This lot size would be conducive for not only the applicants but
make another lot available to one who wishes to do some subsistence farming
in a quasi-residential setting.
The property has no severe topographic or geologic problems that would render
the land unusable for the proposed subdivision and activity.
13
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EXHIBIT 6 — 2' x 3' scale-drawn plot plan of
Exhibit 5 for presentation purposes
(submitted under separate cover)
EXHIBIT 7 — Legal description of property in
map and written form by metes and bounds
as certified by a surveyor
EXHIBIT A
LOT 1
LAND SITUATED AT PONAHAWAI, SOUTH HILO, ISLAND OF HAWAII, HAWAII.
BEING A PORTION OF GRANT 4538 TO A. MACAULTON.
BEGINNING AT THE NORTH CORNER OF THIS PARCEL OF LAND, BEING THE SOUTH CORNER OF LOT 2
AND ALONG THE NORTHERLY SIDE OF AKALA ROAD,THE COORDINATES OF SAID POINT OF
BEGINNING REFERRED TO GOVERNMENT SURVEY TRIANGULATION STATION "KAUMANA", BEING
977.03 FEET NORTH AND 615.55 FEET EAST,THENCE RUNNING BY AZIMUTHS MEASURED CLOCKWISE
FROM TRUE SOUTH:
1. ALONG THE REMAINDER OF GRANT 4538 TO A. MACAULTON (LOT 2) ON A CURVE TO THE RIGHT
WITH A RADIUS OF 10.00 FEET,THE CHORD AZIMUTH AND DISTANCE BEING:
157° 20' 14.14 FEET;
2. 202° 20' 134.18 FEET ALONG THE REMAINDER OF GRANT 4538 TO A. MACAULTON (LOT 2);
3. 235° 33' 276.39 FEET ALONG THE REMAINDER OF GRANT 4538 TO A. MACAULTON (LOT 2);
4. 345° 36' 332.42 FEET ALONG R. P. 5516, L. C.AW. 4983 TO KUKELEAU (LOT A-1);
5. 55° 39' 30" 234.15 FEET ALONG GRANT 10,389 TO (MRS.) RIKI FUJIMOTO(LOT 2);
6. 143° 48' 166.00 FEET ALONG AKALA ROAD;
7. 112° 20' 70.00 FEET ALONG AKALA ROAD TO THE POINT OF BEGINNING AND CONTAINING AN AREA
OF 2.116 ACRES,AS PER SURVEY PREPARED BY NATALIE K. IMATA, LICENSED PROFESSIONAL LAND
SURVEYOR, OF IMATA AND ASSOCIATES, INC.
I
BEING A PORTION OF THE PREMISES CONVEYED BY WARRANTY DEED RECORDED AUGUST 24, 2005
AS REGULAR SYSTEM DOCUMENT NO. 2005-167536 OF OFFICIAL RECORDS.
GRANTOR: PEGGY F. SHIMIZU,TRUSTEE OF THE PEGGY F. SHIMIZU REVOCABLE LIVING TRUST DATED
MAY 8, 1995,AS TO AN UNDIVIDED 1/2,INTEREST.AND AKIO SHIMIZU,TRUSTEE OF THE AKIO
SHIMIZU REVOCABLE LIVING TRUST DATED FEBRUARY 15, 1995, MADE BY AKIO SHIMIZU AS
SETTLOR, AS TO AN UNDIVIDED 1/2 INTEREST
GRANTEE: FRANCIS HERBERT RODILLAS AND MARTHA ANN RODILLAS, HUSBAND AND WIFE,AS
TENANTS BY THE ENTIRETY
SUB3ECT, HOWEVER,to the following:
1. Title to all mineral and metallic mines reserved to the State of Hawaii.
2. A Grant of Easement for utility purposes, in favor of Hawaii Electric Light Company, Inc. and
Hawaiian Telephone Company(now Hawaiian Telcom, Inc.), recorded January 11, 1984
as Book 17583 Page 54 of Official Records.
3684850 Page 5
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EXHIBIT 8 — List of the names, addresses
and TMK's of all owners and lessees of
record of surrounding properties who are
required to receive notice
EXHIBIT 9 — Real Property tax clearance
o+`•Y°`•"!•,:• Nancy E. Crawford•William P.Kenoi ;'oc•1 .
Finance Director
Mayor Lbi¢i •
.: :--11,%�`��'`I Deanna S.Sako
-ys+s
` • Deputy Director
..*:° `--sir`
County of Hawaii
DEPARTMENT OF FINANCE-REAL PROPERTY TAX
Aupuni Center • 101 Pauabi Street • Suite No.4 • Hilo,Hawai`i 96720 • Fax(808)961-8415
Appraisers(808)961-8354 • Clerical(808)961-8201 • Collections(808)961-8282
West Hawai`i Civic Center • 74-5044 Me Keohokalole Hwy. • Bldg.D,2nd Flr. • Kailua Kona,Hawai`i 96740
Fax(808)327-3538 • Appraisers(808)323-4881 • Clerical(808)323-4880
Website:www.hawaiipropertytax.com
REAL PROPERTY TAX CLEARANCE
(Rev. 07/99)
November 9, 2011
..: .TMK: (3) 2-5-040-018-0000
,4,,..... u--..s z »•
.:.:0 M,.. re ifj, .,-. - :-' Olt s' \ 1 4,0/51,s..,..:40:*,,_.. .:4.....,.11.:,:.4.,.iiiti,,
This is to=certify that BOTELHQ, LESLIE A &BOTELHO,BET flf 7 (owner O '
record has paid all real property taxes=due>to th ounty of Hawaii up to and 1
including December- 1, 2011 for the pro erty indica u 3
4 Reference ,-
a' vrx r � t i _ tom.
Collections
�RLyPROPERT`f TAX DIVISION
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4.d ,.,,_. _
5.: $ue: _
Hawai'i County is an Equal Opportunity Provider and Employer
EXHIBIT 10 - Letter from DLNR re
archaeological resources
WILLIAM J.AILA,JR.
NEIL,ABERCROMBIE .�,t'�✓+O F 1. _ CHAIRPERSON BOARD OF LAND NATURAL RESOURCES
GOVERNOR OF HAWAII /4P}1.959! yi\ COMMISSION ON WATER RESOURCE MANAGEMENT
yr_`` ° ;_' GUY u KAUI utcutcUI
�,,,{ Pi F(-* : FIRST DEPUTY
copra X6:1-�..'IA,,`��.ifi I. WILLIAM M.TAM
C��� I V�1i DEPUTY DIRECTOR-WATER
¢ Y► it
�C ` Q,/ AQUATIC RESOURCES
,_ 0f� BOATING AND OCEAN RECREATION
d IIN* .:. +_�®�•E188�• BUREAU OF CONVEYANCES
COMMISSION ON WATER RESOURCE MANAGEMENT
I`� CONSERVATION AND COASTAL LANDS
STATE OF HAWAII CONSERVATION AND RESOURCESENFORCEMENT
ENGINEERING
5 of DEPARTMENT OF LAND AND NATURAL RESOURCES HISTORIC PRESERVATION
RVATIOE
HISTORIC PRESERVATION
KAUOOIAWE ISLAND RESERVE COMMISSION
LAND
STATE HISTORIC PRESERVATION DIVISION STATE PARKS
601 KAMOKILA BOULEVARD,ROOM 555
KAPOLEI,HAWAII 96707
November 16,2011
Leslie&Betty Botelho LOG NO:2011.3026
1486A Kaumana Drive DOC NO: 1111 TD25
Hilo,Hawai`i 96720 Archaeology
(do kschuman@hawaii.edu)
Dear Mr.&Mrs. Botelho:
Subject: Chapter 6E-42 Historic Preservation Review—
State Land Use Boundary Amendment and Hawaii County Change of Zone
Ponahawai Ahupua`a,South Hilo District,Island of Hawaii
TMK: (3)2-5-040:18
Thank you for requesting our review of the proposed applications for a 2.116-acre parcel. The involve
changing the state district and county zone designation from Family-Agriculture 2a to Family-Agriculture
1 a. The zoning change is in preparation for a subdivision application for the 2.116-acre parcel. We
received your application November 9,2011
The subject parcel was intensively cultivated for sugar, and agricultural use of the parcel has continued,
along with construction of a single family residence. Satellite imagery indicates that the land is cleared of
forest;a few trees are present in the area of the dwelling. We have no records of historic properties within
Parcel 18;however the Kaumana Hongwanji(SIHP Site 50-10-34-7426)is in the vicinity.
In 2006 our office reviewed a subdivision and change in zoning application for Parcel 18,which was 4.76
acres in area at that time. This review indicated that the action would not affect historic properties, due to
prior land use and an absence of findings. We have received no new information since 2006 to indicate
that historic properties are present and we determine that no historic properties will be affected by this
current action. Please contact me at(808) 933-7653 if you have any questions or concerns regarding this
letter.
Aloha,
4i 1:_---
/I
Theresa K.Donham
Lead Archaeologist,Hawai`i Island Section
Historic Preservation Division
EXHIBIT 11 — Existing Ordinance
HAWAI STATE OF I
COUNTY OF HAWAII �`` =�'�•`': `
4,7 135 BILL NO. 126
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP),
ARTICLE 8, CHAPTER 25(ZONING CODE)OF THE HAWAI`I COUNTY CODE 1983
(2005 EDITION),BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL—3 ACRE(A-3a)TO FAMILY AGRICULTURAL—2 ACRE(FA-2a)AT
WAIAKEA, SOUTH HILO,HAWAII,COVERED BY TAX MAP KEY 2-5-040:018.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I:
SECTION 1. Section 25-8-33, Article 8,Chapter 25(Zoning Code)of the Hawaii
County Code 1983 (2005 Edition), is amended to change the district classification of property
described hereinafter as follows:
The district classification of the following area situated at Waiakea, South Hilo,
Hawaii,shall be Family Agricultural—2 acre(FA-2a):
Beginning at the south corner of this parcel of land,being also the west corner of
Grant 10,389 to(Mrs.)Riki Fujimoto and on the northeasterly side of Akala Road,the
coordinates of said point of beginning referred to Government Survey Triangulation
Station"KAUMANA",being 816.48 feet North and 778.34 feet East,thence running by
azimuths measured clockwise from true South:
1. 143° 48' 166.00 feet along Akala Road;
2. 112° 20' 498.05 feet along Akala Road;
3. 186° 50' 21.60 feet along Akala Road;
4. 249° 26' 677.00 feet along Grant 4093 to A.
McAulton(Lots 3-A and 3-B);
5. 345° 36' 465.00 feet along R.P. 5516,L.C.Aw.4983
to Kukeleau(Lot A-1);
-1-
•
6. 55° 39' 30" 234.15 feet along Grant 10,389 to(Mrs.)
Riki Fujimoto(Lot 2)to the point of
beginning and containing an area of
4.852 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,Hawaii 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 thelic from the potentially deleterious effects of
the proposed use,or
(B) Fulfillment of the need for public service demands created by the
proposed use.
A. The applicants,its successors or assigns shall be responsible for complying with
all of the stated conditions of approval.
B. The applicants shall submit the required water commitment payment to the
Department of Water Supply in accordance with its"Water Commitment
Guidelines Policy"within one hundred eighty(180)days from the effective date
of this ordinance.
C. Final Subdivision Approval shall be secured within five(5)years from the
effective date of this ordinance.
D. There shall be no construction of single-family dwellings or other substantial
buildings within areas designated"A"by the Flood Insurance Rate Map(FIRM).
-2-
Restrictive covenants in the deeds of all lots shall give notice of the terms of this
rezoning condition.This restriction may be removed by amendment of this
ordinance by the County Council. A copy of the proposed covenant(s)to be
recorded with the 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.
E. All driveway connections to Akala Road shall conform to Chapter 22,Streets, of
the Hawaii County Code.
F. The applicants shall provide a 15-foot wide future road widening setback along
the entire property frontage along Akala Road.
G. 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 ordinanceIthe 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.
H. All development generated runoff shall be disposed of on site and not be directed
toward any adjacent properties.
-3-
L The method of sewage disposal shall meet with the requirements of the State
Department of Health.
3. A Solid Waste Management Plan shall be submitted to the Department of
Environmental Management for review and approval prior to the issuance of a
Certificate of Occupancy.
K. 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.
L. Comply with all applicable County,State and Federal Laws,rules,regulations and
requirements.
M. An initial extension of time for the performann ,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.
-4-
3. Granting of the time extension would not be contrary to the original
reasons for the granting of the change of zone.
4. The time extension granted shall be for a period not to exceed the period
originally granted for performance(i.e.,a condition to be performed within
one year may be extended for up to one additional year).
5. If the applicants should require an additional extension of time,the
Planning Department shall submit the applicant's request to the County
Council for appropriate action.
Should any of the conditions not be met or substantially complied with in a timely
fashion,the Planning Director may initiate rezoning of the area to its original or
more appropriate designation.
SECTION 3. In the event that any portion of this ordinance is declared invalid,such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
ILIE DUC :Y:
COUNCIL, ' r:ER, 0 W- I
Kona ,Hawai`i
Date of Introduction: September 6, 2007
Date of 1st Reading: September 6, 2007
Date of 2nd Reading: September 19, 2007
Effective Date: October 10, 2007
REFERENCE Comm. 509
-5-
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riv".144,4• pr "-P-
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RA 779.24E 71 i OR ir Apt lie PM S111 r 0 Niu
1110411111 .• 1
itallaillinii; Mai ilAM1111111111111111111•11;Ziri A1-1-... .--101 "
♦ 10....miiiin :
A-106
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 3-ACRE (A-3a)
TO FAMILY AGRICULTURAL 2-ACRE (FA-2a)
AT WAIAKEA, SOUTH HILO, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
TNIK:24.040:0+8 Date:April 12,2007
EXHIBIT"A" (Frauds H.&Martha A.Rodqlar9222)
OFFICE OF THE COUNTY CLERK
County of Hawai`i
Kona,Hawaii
Introduced By: Pete Hoffmann ,_ I. tL GAL ytirn 'i
Date Introduced: September 6, 2007 AYES NOES ABS EX
First Reading: September 6, 2007 Ford X
Published: NJA Higa f
X'
Hoffmann X
REMARKS: Ikeda X
Jacobson X
Naeole X
Pilago X
Yagong X
Yoshimoto X
8 0 1 0
Second Reading: September 19, 2007
To Mayor: September 27, 2007 ROLL CALL VOTE
Returned: October 10, 2007 AYES NOES ABS EX
Effective: October 10, 2007 Ford X
Published: October 18, 2007 Higa X
Hoffmann X
REMARKS: Ikeda X
Jacobson X
Naeole X
Pilago X -
Yagong X
Yoshimoto X _
9 0 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the Co Council published as
indicated above. s!
ae:111116-All)
APPROVED AS TO
F AND LEGAL-1Y:Y:
O 17COUNCIL AN
DEPU CORPORATION COO.NSEL . ,
COUNTY OF HAWAII
Date
OCT - 22007 couNrric E
126
Bill No.:
-4W Reference: C-509/PC-40
pprove Disapproved this R 0 day 135
Ord No.:
of Oc fw/ ,20 01 .
9
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DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
H I LO, HAWAII
DATE: January 5, 2012
Neal4444040*
TO: BJ Leithead Todd, Planning Director
FROM: Department of Public Works
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 11-000149)
Applicant: Leslie A. Botelho and Betty Jean Botelho
Request: FA-2a to FA-1 a
Tax Map Key: 2-5-040: 018
We have reviewed the subject application forwarded by your memo dated December 12,
2011 and offer the following comments for your consideration.
A portion of the subject parcel is in an area designated as Flood Zone AE on the Flood
Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA).
Flood Zone AE is the Special Flood Hazard Area inundated by the 100-year flood (1%
chance of occurring in any given year).
Akala Road is owned and maintained by the County of Hawaii and is classified as a
collector street according to the Zoning Map. It has an existing right-of-way width of 30 feet
fronting the subject parcel.
Questions may be referred to Kelly Gomes at ext. 8327.
Planning Dept.
Exhibit, 3
County of Hawaii is an Equal Opportunity Provider and Employer
19` 4,
9
DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII
3 4 5 KEKUANAO`A STREET, SUITE 20 • HILO, HAWAII 96720
TELEPHONE (808) 961-8050 • FAX (808) 961-8657
January 11, 2012
TO: Ms. BJ Leithead Todd,Director —� -`
Planning Department
FROM: Quirino Antonio,Jr.,Manager–Chief Engineer
SUBJECT: CHANGE OF ZONE APPLICATION
APPLICANT–LESLIE A.BOTELHO AND BETTY JEAN BOTELHO
TAX MAP KEY 2-5-040:018
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 Akala Road fronting the subject parcel for
the proposed Lot 2. The subject parcel is served by an existing 5/8-inch meter,which is limited to an average
daily usage of 400 gallons and suitable for only one(1)single-family dwelling.
Pursuant to Rule 5 of the Department's Rules and Regulations,the Department requests that the applicant remit
a water commitment deposit of$150.00 for the proposed additional lot as soon as possible so that a water
commitment may be formally effected. The commitment will be in writing with specific dates and conditions
stated.
Please be informed that final subdivision approval will be contingent on the following conditions:
1. Construct necessary water system improvements,which shall include,but not be limited to:
a. installation of a service lateral that will accommodate a 5/8-inch meter to the additional lot,and
b. installation of a fire hydrant within 300 feet of each lot,and
c. subject to other agencies' requirements to construct improvements within the road right-of-way
fronting the property affected by the proposed development,the applicant shall be responsible
for the relocation and adjustment of the Department's affected water system facilities, should
they be necessary.
Construction plans, prepared by a professional engineer registered in the State of Hawai`i, showing the
above improvements must be submitted for review and approval.
Planning Dept.
. . .Water, Our Most Precious Resource . . . 7(a Wai A pane. . .
4A
Ms. BJ Leithead Todd, Director
Page 2
January 11,2012
2. Remit the prevailing facilities charge,which is subject to change of$5,500.00.
This is due and payable upon completion of the necessary water system improvements and prior to final
subdivision being granted.
3. Should it be necessary, submit the appropriate documents, properly prepared and executed,to convey
the water system improvements and necessary easements to the Water Board of the County of Hawai`i
prior to final subdivision approval being granted. A registered land surveyor shall stamp and certify the
metes and bounds description within the conveyance documents. However,prior to water meter
services being granted to the development,or any lots within,the conveyance documents shall be
accepted by the Water Board.
We recommend that the applicant contact the owner of the property across Akala Road(TMK 2-5-040:019), as
there are similar water system improvements required for the Change of Zone application for that property.
Should there be any questions,please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch
at 961-8070, extension 256.
Sincere! yours,
Qui ,A Antonio,Jr.,P.E.
Man :r-Chief Engineer
RQ:dfg
copy— Leslie A. Bothelho and Betty Jean Botelho
Marc Butz
PLANNING DEPT F :i c T roe
William P.Kenoi / i •+ Dora Beck,P.E.
Mav4� i DEC 2 KI 2: 2 _ Acting Director
!4 �! Hunter Bishop
William T.Takaba W a O f•K�, P
Managing Director Deputy Director
•
Count of n finCt`t
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
25 Aupuni Street • Hilo,Hawaii 96720
(808)961-8083 Fax(808)961-8086
http://co.hawaii.hi.us/directorvklir_envmng.htm
MEMORANDUM
Date : December 14,2011
To : BJ LEITHEAD TODD,Planning Director
From: DORA BECK,P.E.,Acting Director
Subject: Change of Zone Application(REZ 11-000149)
Applicant:Leslie A.Botelho and Betty Jean Botelho
Request: FA-2a to FA-l a
TMK:2-5-040:018
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
Hawaii County Code.Complete Sewer Extension Application.
( ) Require extension of the sewer system to service the proposed subdivision in accordance with
Section 23-85 of the Hawai'i County Code.
( ) Check or line out as applicable: [ ]If required by the Director of the Department of
Environmental Management("Director of DEM"), [ ] applicant shall conduct a sewer study in
accordance with the then applicable wastewater system design standards prior to approval to
connect to the County sewer system. Applicant shall provide such sewer line or other facility
improvements as the Director of DEM may reasonably require,which the sewer study may indicate
are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief
for details.
( ) Other:
NED
Planning Dept. DEC 2 2 2 11
Exhibit a___ gyp 5 9 � 4
County of Hawai`i is an Equal Opportunity Provider and Employer.
. w
4pV�..'F ky1;°
William P.Kenoi :.cam'T° '�:• Dora Beck,P.E.
Mayor Acting Director
William T.Takaba �rir Oi.Mi+"�� Hunter Bishop
Managing Director !!.�� Deputy Director
CLTU tI II p�t�at`t
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 : December 14,2011
To : BJ LEITHEAD TODD,Planning Director
From: DORA BECK,P.E.,Acting Director
Subject: Change of Zone Application(REZ 11-000149)
Applicant: Leslie A.Botelho and Betty Jean Botelho
Request:FA-2a to FA-la
TMK: 2-5-040:018
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.)
( () No comments
( f ) 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:
County of Hawai`i is an Equal Opportunity Provider and Employer.
William P.Kenoi eeyr`
,,• Harry S.Kubojiri
A4gror ` - Police Chief
gTF'OF NPR Paul K.Ferreira
to !3 (-- Deputy Police Chief
County of Hawaii
POLICE DEPARTMENT
349 Kapiolani Street • Hilo,Hawaii 96720-3998
(808)935-3311 • Fax(808)961-8865
December 27, 2011
TO : BJ LEIT AD TODD, PLANNING DIRECTOR
FROM : HEN;Y . TAVA S, ASSISTANT POLICE CHIEF
AREA OPERATIONS BUREAU
SUBJECT : CHANGE OF ZONE APPLICATION (REZ 11-000149)
APPLICANT: LESLIE A. BOTELHO AND BETTY JEAN BOTELHO
REQUEST: FA-2A TO FA-1A; TAX MAP KEY: 2-5-040:018
Staff, upon reviewing the provided documents and visiting the proposed site, does not
anticipate any significant impact to traffic and/or public safety concerns.
Thank you for allowing us the opportunity to comment.
If you have any questions, please contact Captain Robert Wagner of our S. Hilo Patrol
Division at 961-2214.
RW:IIi
110837
SCANNED
Planning Dept. ;SEC 3 0 2011
Exhibit, dIP L ' - 6094
"Hawai'i County is an Equal Opportunity Provider and Employer"
•
} , aNC1 1.N
.
Ol i
William P. Kenoi "' ' Darren J. Rosario•Mayor t �L i Fire Chief
ti'x'312 it''WO;NPR`P Renwick J.Victorino
` \, Deputy Fire Chief
County of ii9atuari
HAWAII FIRE DEPARTMENT
25 Aupuni Street • Room 2501• Hilo,Hawaii 96720
(808)932-2900 • Fax(808)932-2928
December 27, 2011 •
TO: BJ LEITHEAD-TODD,PLANNING DIRECTOR
FROM: DARREN J. ROSARIO, FIRE CHIEF
SUBJECT: CHANGE OF ZONE APPLICATION(REZ 11-000149)
APPLICANT: LESLIE A. BOTELHO AND BETTY JEAN BOTELHO
REQUEST: FA-2a to FA-la
TAX MAP KEY: 2-5-040-018
In regards to the above-mentioned change of zone application, we offer the following response:
Fire apparatus access roads shall be in accordance with UFC Section 10.207:
"Fire Apparatus Access Roads
"Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained
in accordance with the provisions of this section.
"(b) Where Required. Fire apparatus access roads shall be required for every building
hereafter constructed when any portion of an exterior wall of the first story is located more than
150 feet from fire department vehicle access as measured by an unobstructed route around the
exterior of the building.
"EXCEPTIONS: 1. When buildings are completely protected with an approved
automatic fire sprinkler system,the provisions of this section may be modified.
"2. When access roadways cannot be installed due to topography, waterways,
nonnegotiable grades or other similar conditions,the chief may require additional fire protection
as specified in Section 10.301 (b).
Planning Dept.
Exhibit '2°p
Hawai'i County is an Equal Opportunity Provider and Employer.
d' r
BJ Leithead-Todd
December 27, 2011
Page 2
"3. When there are not more than two Group R, Division 3 or Group M
Occupancies,the requirements of this section may be modified,provided, in the opinion of the
chief, fire-fighting or rescue operations would not be impaired.
"More than one fire apparatus road may be required when it is determined by the chief
that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic
conditions or other factors that could limit access.
"For high-piled combustible storage, see Section 81.109.
"(c) Width. The unobstructed width of a fire apparatus access road shall meet the
requirements of the appropriate county jurisdiction.
"(d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed vertical
clearance of not less than 13 feet 6 inches.
"EXCEPTION: Upon approval vertical clearance may be reduced,provided
such reduction does not impair access by fire apparatus and approved signs are installed and
maintained indicating the established vertical clearance.
"(e) Permissible Modifications. Vertical clearances or widths required by this section
may be increased when, in the opinion of the chief,vertical clearances or widths are not adequate
to provide fire apparatus access.
"(f) Surface. Fire apparatus access roads shall be designed and maintained to support
the imposed loads of fire apparatus and shall be provided with a surface so as to provide all-
weather driving capabilities." (20 tons)
"(g) Turning Radius. The turning radius of a fire apparatus access road shall be as
approved by the chief." (45 feet)
"(h) Turnarounds. All dead-end fire apparatus access roads in excess of 150 feet in
length shall be provided with approved provisions for the turning around of fire apparatus.
"(i) Bridges. When a bridge is required to be used as access under this section, it shall
be constructed and maintained in accordance with the applicable sections of the Building Code
and using designed live loading sufficient to carry the imposed loads of fire apparatus.
• •
BJ Leithead-Todd
December 27, 2011
Page 3
"(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum
approved by the chief." (15%)
"(k) Obstruction. The required width of any fire apparatus access road shall not be
obstructed in any manner, including parking of vehicles. Minimum required widths and
clearances established under this section shall be maintained at all times.
"(1) Signs. When required by the fire chief, approved signs or other approved notices
shall be provided and maintained for fire apparatus access roads to identify such roads and
prohibit the obstruction thereof or both."
DARREN J.ROSARIO
Fire Chief
KT:lpc
•
NEIL ABERCROMBIE fi o r ti L A J.FUDDY,A.C.S.W.,M.P.H.
GOVERNOR ��'esa Director of Health
a
P! A z' Ill'
'711!
r, ?aon:a"x"s;.iave:,
f � ' 0. 55
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O.BOX 916
HILO,HAWAII 96721-0916
MEMORANDUM
DATE: December 16, 2011
TO: Bobby Jean Leithead Todd
Planning Director, County of Hawaii
FROM: Newton Inouye'
Acting District Environmental Health Program Chief
SUBJECT: Change of Zone Application (REZ 11-000149)
Applicant: Leslie A. Botelho and Betty Jean Botelho
Request: FA-2a to FA-1 a
Tax Map Key: 2-5-040:018
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 December 14, 2011. The CWB has reviewed the limited information
contained in the subject document and offers the following comments:
1. The Army Corps of Engineers should be contacted at(808) 438-9258 for this
project. Pursuant to Federal Water Pollution Control Act(commonly known as
the "Clean Water Act" (CWA)), Paragraph 401(a)(1), a Section 401 Water
Quality Certification (WQC) is required for"[a]ny applicant for Federal license or
permit to conduct any activity including, but not limited to, the construction or
operation of facilities, which may result in any discharge into the navigable
waters...". The term "discharge" is defined in CWA, Subsections 502(16),
502(12), and 502(6); Title 40, Code of Federal Regulations, Section 122.2, and
Hawaii Administrative Rules (HAR), Chapter 11-54.
2. In accordance with HAR, Sections 11-55-04 and 11-55-34.05, the Director of
Health may require the submittal of an individual permit application or a Notice
of Intent(NOI) for general permit coverage authorized under the National
Pollutant Discharge Elimination System (NPDES). :ANN
Planninj pt. BY
Exhibit
•
'BJ Leithead Todd
December 16, 2011
Page 2 of 3
a. An application for an NPDES individual permit is to be submitted at least
180 days before the commencement of the respective activities. The
NPDES application forms may also be picked up at our office or
downloaded from our website at:
http://www.hawaii.gov/health/envi ronmental/water/cleanwater/forms/indi
v-index.htinl.
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:
htip://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]
BJ Leithead Todd
December 16, 2011
Page 3 of 3
x. Discharges of storm water from a small municipal separate storm
sewer system. [HAR, Chapter 11-55, Appendix K]
xi. Discharges of circulation water from decorative ponds or tanks.
[HAR, Chapter 11-55, Appendix L]
3. In accordance with HAR, Section 11-55-38, the applicant for an NPDES permit is
required to either submit a copy of the new NOI or NPDES permit application to
the State Department of Land and Natural Resources, State Historic Preservation
Division (SHPD), or demonstrate to the satisfaction of the DOH that the project,
activity, or site covered by the NOI or application has been or is being reviewed
by SHPD. If applicable, please submit a copy of the request for review by SHPD
or SHPD's determination letter for the project.
4. Any discharges related to project construction or operation activities, with or
without a Section 401 WQC or NPDES permit coverage, shall comply with the
applicable State Water Quality Standards as specified in HAR, Chapter 11-54.
Hawaii Revised Statutes, Subsection 342D-50(a) requires that"[n]o person, including any public
body, shall discharge any water pollutants into state waters, or cause or allow any water pollutant
to enter state waters except in compliance with this chapter, rules adopted pursuant to this
chapter, or a permit or variance issued by the director."
If you have any questions, please contact Mr. Alec Wong, Supervisor of the Engineering Section,
CWB, at (808) 586-4309.
Lands formerly used for sugarcane production are now being developed into communities where
residential homes, schools and commercial businesses are being constructed. Chemicals
associated with the sugarcane industry persist in soil today and may be a threat to public health
and the environment. Elevated arsenic levels were discovered in soil at former sugarcane
production areas on the islands. The HEER Office has identified former sugarcane production
areas for assessment throughout the state and plans to work with property owners to conduct
environmental assessments to identify and address elevated soil arsenic levels prior to finalizing
development plans for the properties.
We recommend that you review all of the Standard Comments on our website:
http://hawaii.gov/health/environmental/env-planning/landuse/landuse.html. Any comments
specifically applicable to this project should be adhered to.
The same website also features a Healthy Community Design Smart Growth Checklist
(Checklist) created by Built Environment Working Group (BEWG) of the Hawaii State
Department of Health. The BEWG recommends that state and county planning departments,
developers, planners, engineers and other interested parties apply the healthy built environment
principles in the Checklist whenever they plan or review new developments or redevelopments
projects. We also ask you to share this list with others to increase community awareness on
healthy community design.
WORD:REZ 11-000149.my
NEIL ABERCROMBIE o e ti .- LORETTA J.FUDDY,A.C.S.W.,M.P.H.
GOVERNOR
�e+.pp .'4,E ttt ',�� ‘aea,4;. Director of Health
< 1
2,312 xA! n !:1 9: 514 om ®we
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O.BOX 916
HILO, HAWAII 96721-0916
MEMORANDUM
DATE: January 11, 2012
TO: Bobby Jean Leithead Todd
Planning Director, County of Hawaii
FROM: Newton Inouye
Acting District Environmental Health Program Chief
SUBJECT: Change of Zone Application (REZ 11-000149)
Applicant: Leslie A. Botelho and Betty Jean Botelho
Request: FA-2a to FA-1 a
Tax Map Key: 2-5-040:018
The Department of Health(DOH), Clean Water Branch(CWB), acknowledges receipt of the
subject document on December 14, 2011. The CWB has reviewed the limited information
contained in the subject document and offers the following comments:
1. The Army Corps of Engineers should be contacted at(808)438-9258 for this
project. Pursuant to Federal Water Pollution Control Act(commonly known as
the"Clean Water Act"(CWA)), Paragraph 401(a)(1), a Section 401 Water
Quality Certification(WQC) is required for"[a]ny applicant for Federal license or
permit to conduct any activity including, but not limited to,the construction or
operation of facilities,which may result in any discharge into the navigable
waters...". The term"discharge"is defined in CWA, Subsections 502(16),
502(12), and 502(6); Title 40, Code of Federal Regulations, Section 122.2, and
Hawaii Administrative Rules(HAR), Chapter 11-54.
2. In accordance with HAR, Sections 11-55-04 and 11-55-34.05,the Director of
Health may require the submittal of an individual permit application or a Notice
of Intent(NOI) for general permit coverage authorized under the National
Pollutant Discharge Elimination System (NPDES).
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:
076312
BJ Leithead Todd
January 11, 2012
Page 2 of 3
http://www.hawaii.gov/health/environmental/water/cleanw ater/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]
x. Discharges of storm water from a small municipal separate storm
sewer system. [HAR, Chapter 11-55, Appendix K]
BJ Leithead Todd
January 11, 2012
Page 3 of 33
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"[nit)person, including any public
body, shall discharge any water pollutants into state waters,or cause or allow any water pollutant
to enter state waters except in compliance with this chapter, rules adopted pursuant to this
chapter, or a permit or variance issued by the director."
If you have any questions, please contact Mr. Alec Wong, Supervisor of the Engineering Section,
CWB, at(808) 586-4309.
Lands formerly used for sugarcane production are now being developed into communities where
residential homes, schools and commercial businesses are being constructed. Chemicals
associated with the sugarcane industry persist in soil today and may be a threat to public health
and the environment. Elevated arsenic levels were discovered in soil at former sugarcane
production areas on the islands. The HEER Office has identified former sugarcane production
areas for assessment throughout the state and plans to work with property owners to conduct
environmental assessments to identify and address elevated soil arsenic levels prior to finalizing
development plans for the properties.
We recommend that you review all of the Standard Comments on our website:
http://hawaii.gov/health/environmental/env-planning/landuse/landuse.html. Any comments
specifically applicable to this project should be adhered to.
The same website also features a Healthy Community Design Smart Growth Checklist
(Checklist)created by Built Environment Working Group(BEWG)of the Hawaii State
Department of Health. The BEWG recommends that state and county planning departments,
developers,planners, engineers and other interested parties apply the healthy built environment
principles in the Checklist whenever they plan or review new developments or redevelopments
projects. We also ask you to share this list with others to increase community awareness on
healthy community design.
WORD:REZ 11-000149.my
,t Y
NEIL ADERQROMBIE a WILUMI J.MLA,JR.
GOVERNOR OF HAWAII �
�,..,.^, l7UMNMMM
$ � MAW=O(*W fl*NAlUILAL M At Ck.
2 �� .. .1; *1. - ClIMINI tRINON MAUR RNRRMCRNANAfMf 11
_wind and At,
�. '� j"n
i �;.�� \ STATE OF HAWAII
(Ir✓-• } DEPARTMENT OF LAND AND NATURAL RESOURCES
— — LAND DIVISION
\' POST OFFICE BOX 621
dNN0 HONOLULU,HAWAII 96809
January 12,2012
County of Hawaii
Planning Department
Attention: Mr. Jeff Darrow via email: idarrowna,co.hawaiL hi,us
101 Pauahi Street,Suite 3
Hilo,Hawaii 96720
Dear Mr. Darrow
SUBJECT: Change in Zone Application (REZ 11-000149) from Family-Agriculture
(FA-2a) to Family-Agriculture(FA-1a)for Leslie A.Botelho&Betty Jean
Boteiho located at 14 Akala Road,Hilo,Hawaii;TMK: (3)2-5-040:018
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, and (b) 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 ept.
Exhibit
07634
6 014
NEIL ABERCROMBIE
• WILLIAM J.MLA,JR.
GOVERNOR OF HAWAII ..
COARKInfRf
- I AEHRIMO AIO/MAIURAtRtw*1*
00161 WRf tN WAIiR 1f**RCY MANAGRAuxr
tRECEIV
1.., f.. LA D DIVISION
ON
:*1:4:7;1-1111-11111111
STATE OF HAWAII
- r 7. DEPARTMENT OF LAND NDA DIVISION
POST NATURAL RESOURC ' I 0 A & 19
POST OFFICE BOX 621 NAT Rt OF LAHO
�rotH.« HONOLULU,HAWAII 96809 S TA ! RE$OI R&
of HAWAII r_
December 27,2011 is
MEMORANDUM
TO: DLNR Agencies:
F.
_Div.of Aquatic Resources
_Div. of Boating&Ocean Recreation
✓ X Engineering Division
Div.of Forestry&Wildlife
_Div.of State Parks
X Commission on Water Resource Management
Office of Conservation&Coastal Lands
XLand Division—Hawaii District
_Historic Preservation
FROM: } e1l Y.Tsuji,Land Administ o
SUBJECT: ��.-.- ;hange in Zone Application (REZ 11-000149) from Family-Agriculture
(FA-2a)to Family-Agriculture(FA-la)
LOCATION: 14 Akala Road,Hilo,Hawaii;TMK: (3)2-5-040:018
APPLICANT: County of Hawaii on behalf of Leslie A. Botelho&Betty Jean Botelho
Transmitted for your review and comment on the above referenced document. We would
appreciate your comments on this document. Please submit any comments by January 6,2012.
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.
( 4' C. I ents are attached.
Signed: // /
Date:
cc: Central Files
DEPARTMENT OF LAND AND NATURAL RESOURCES
ENGINEERING DIVISION
LD/Russell Y.Tsuji
REF: Change in Zone Application(REZ 11-000149)from Family-Agriculture(FA-2a)to Family-
Agriculture(FA-la),14 Akala Road,Hilo
Hawaii-013
COMMENTS
() We confirm that the project site,according to the Flood Insurance Rate Map(FIRM),is located in
Flood Zone .
() Please take note that the remainder of the project site,according to the Flood Insurance Rate Map
(FIRM),is located in Flood Zone .
(X) Please note that the correct Flood Zone Designation for part of the project site according to
the Flood Insurance Rate Map(FIRM)is Flood Zone AE. The National Flood Insurance
Program regulates developments within AE as indicated in bold letters below.
The remainder of the project site is located in Flood Zone X. The National Flood Insurance
Program does not have any regulations for developments within Zone X.
(X) Please note that the project site must comply with the rules and regulations of the National
Flood Insurance Program(NFIP)presented in Title 44 of the Code of Federal Regulations
(44CFR),whenever development within a Special Flood Hazard Area is undertaken. If
there are any questions,please contact the State NFIP Coordinator,Ms.Carol Tyau-Beam,
of the Department of Land and Natural Resources,Engineering Division at(808)587-0267.
Please be advised that 44CFR Indicates the minimum standards set forth by the NFIP. Your
Community's local flood ordinance may prove to be more restrictive and thus take
precedence over the minimum NFIP standards. If there are questions regarding the local
flood ordinances,please contact the applicable County NFIP Coordinators below:
() Mr.Mario Siu Li at(808)523-4247 of the City and County of Honolulu,Department of
Planning and Permitting.
(X) Mr.Frank DeMarco at(808)961-8042 of the County of Hawaii,Department of
Public Works.
() Mr.Francis Cerizo at(808)270-7771 of the County of Maui,Department of Planning.
() Ms.Wynne Ushigome at(808)241-4890 of the County of Kauai,Department of Public
Works.
() The applicant should include project water demands and infrastructure required to meet water
demands. Please note that the implementation of any State-sponsored projects requiring water
service from the Honolulu Board of Water Supply system must first obtain water allocation credits
from the Engineering Division before it can receive a building permit and/or water meter.
() The applicant should provide to the Engineering Division upon its availability the water demands
and calculations for the selected site,so it can be included in the State Water Projects Plan Update.
O Additional Comments: _ __ ,_. _
() Other: _ .. _. _ -
Should you have any questions,please call Mr.De lmada of the Planning Branch at 587-0257.
Signed:
CART .CH CHIEF ENGINEER
Date: i( 1 7r
NEILABEACAOMBIE * h� 1
GOVERNOR Or HAWAII WILLIAM I AEA,J0.
IMK LAND ANDNATURALMO 1
CYMIMUiglf ON WA7RMOW=MIAMI/D•
R, _
•
cpArd and Aso
/�,� .; STATE OF HAWAII 21111 DEC 29 P I: 00
qty, DEPARTMENT OF LAND AND NATURAL RESOURCES
_ LAND DIVISION RECEIVED
\
` POSTOFFICEBOX62I LAND DIVISION
'atea►!i«' HONOLUW,HAWAII 96809 HILO. HAWAII
December 27,2011
MEMORANDUM
TO: DLNR Agencies:
_Div.of Aquatic Resources
Div.of Boating&Ocean Recreation
X Engineering Division
._Div.of Forestry&Wildlife
_Div.of State Parks
X Commission on Water Resource Management
Office of Conservation&Coastal Lands
✓rX Land Division-Hawaii District
_ Historic Preservation
FROM: sell Y.Tsuji,Land Adminis
SUBJECT: (�,- Change in Zone Application (REZ 11-000149) from Family-Agriculture
(FA-2a)to Family-Agriculture(FA-1a)
LOCATION: 14 Akala Road,Hilo,Hawaii;TMK: (3)2-5-040:018
APPLICANT: County of Hawaii on behalf of Leslie A.Botelho&Betty Jean Botelho
Transmitted for your review and comment on the above referenced document. We would
appreciate your comments on this document. Please submit any comments by January 6,2012.
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 a I :ched.
Signed: ,.,,r
A�
Date: Kam' •
cc: Central Files
• & - , tiG ( Od'J 938-1121
4-e."';)4( ' W42 tlauea. 1'rteraue • Milo-, x6'720 • gax 00090-76'42
HI 12: 54
December 19, 2011
Ms. Bobby Jean Leithead-Todd
Planning Department
County of Hawaii
101 Pauahi Street, Suite 3
Hilo HI 96720
Re: TMK: 3/2-5-40-18
Rezoning Application
Dear Ms. Leithead-Todd:
I am writing to support the rezoning application submitted by Mr. &Mrs. Leslie
Botelho.
I have known the Botelhos for a very,very long time and they are your typical
hard working family who have always tried to provide for their family. They are very
good people with good intentions.
I admire them for rezoning their property so in the long-run they will be able to
help provide an opportunity for their family to become homeowners.
I fully support their rezoning request.
Sincerely,
a
William V. Brilhante
SCANNED
Planning Dept. jEC 2 2 ?O 11
Exhibit 10 By: — I
RBotelhoREZ11-149.doc 01/17/12
• COUNTY OF HAWAI'I PLANNING DEPARTMENT
RECOMMENDATION
LESLIE A.AND BOBBY JEAN BOTELHO
CHANGE OF ZONE APPLICATION (REZ 11-000149)
Upon careful review of the request against the guidelines for granting a change of zone,
the Planning Director is recommending that a favorable recommendation for a Change of
Zone from Family Agricultural-2 acre (FA-2a) to Family Agricultural- 1 acre (FA-la) for
approximately 2.116 acres be forwarded to the County Council. Since this recommendation
is made without the benefit of public testimony, the Director reserves the right to modify and/or
alter this position. This favorable recommendation is based on the following findings:
The applicants are requesting to change the zoning district from Family
Agricultural—2 acre(FA-2a)to Family Agricultural— 1 acre(FA-1a) for 2.116 acres of
land in order to subdivide the property into two parcels for family.
In order to consider an area for any type of zoning designation, the applicable
goals,policies and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must also be considered as they may have an impact on similar areas in the
County.
The change of zone request from a Family Agricultural—2 acre (FA-2a) to a
Family Agricultural—1 acre (FA-la) zoning district conforms to applicable goals,
policies and standards of the General Plan. The FA zoning district is intended for
lands within the State Land Use Agricultural District, where public services and
infrastructure are appropriate to support the very low density residential needs of a rural
community and where a substantial number of parcels are less than five acres in size, and
where a mix of uses will not conflict with or be detrimental to existing agricultural uses
in the surrounding area.
-1-
:omm. 668
Bill 228
The Land Use Pattern Allocation Guide(LUPAG) Map component of the General
Plan is a representation of the document's goals and policies to guide the coordinated
growth and development of the County. It reflects a graphic depiction of the physical
relationship among the various land uses. The LUPAG Map establishes the basic urban
and non-urban form for areas within the County. The proposed request conforms to the
LUPAG Map,which designates the property mainly as Important Agricultural Land with
a small portion designated as Low Density Urban. Important agricultural lands are those
lands with better potential for sustained high agricultural yields because of soil type,
climate, topography, or other factors. Additionally, a small portion of the property is
designated as Low Density Urban, which allows residential uses, with ancillary
community and public uses, and neighborhood and convenience-type commercial uses;
overall residential density may be up to six units per acre. The Land Study Bureau's
Detailed Land Classification System identifies mainly as "Existing Urban Development",
with a small part of the soils on the northeastern portion of the property as "C" or"Fair"
for agricultural productivity. The majority of the property is classified as Prime
Agricultural Land by the ALISH System.
A major concern in allowing a rezoning of agricultural land that creates smaller
lot sizes is that this will reduce the potential use of the land for commercial agriculture by
fragmenting the land into areas too small to be farmed on a commercial scale. While a
few crops can be intensively cultivated on very small acreage, usually these crops have a
very limited market. Reducing the size of the lots can reduce the range of potential
agricultural uses and the range of market opportunities for those crops. In this particular
situation, the applicants are requesting the change in zoning in order to subdivide the
property into two lots with the intention of constructing a new dwelling for family. Both
of the newly created lots will still have the potential to be used for truck crop farming or
agricultural purposes, such as pasture.
All essential utilities and services are available to the property. Access to the
property is from `Akala Road, which is a County owned and maintained roadway that has
approximately 18 feet of pavement within a 30-foot right-of-way. The City of Hilo Zone
Map identifies `Akala Road as a proposed 60-foot right-of-way, with a future 15-foot
-2-
road widening setback on both sides of`Akala Road. A condition of approval was added
on the previous change of zone that included the property(Ordinance 07-135), which
required the previous applicants to set aside a 15-foot future road widening setback along
the properties frontage with `Akala Road. This condition has been complied with
through the subdivision process (SUB 07-000677). A condition of approval is being
added to require the applicants to subdivide and dedicate upon request to the County of
Hawai`i at no cost, the fifteen(15)-foot wide future road widening setback along the
subject property's `Akala Road frontage to provide for future road widening
improvements.
County water can be made available for the request. According to the Department
of Water Supply, County water can be made available for the proposed subdivision from
an existing 6-inch waterline within `Akala Road fronting the subject property. A
condition of approval will require that the applicants install a service lateral to
accommodate a 5/8-inch meter for the additional lot, and install fire hydrants within 300
feet of each lot. The Department of Water Supply recommends that the applicants
contact the owner of the property across `Akala Road (TMK:2-5-040:019), as there are
similar water system improvements required for the Change of Zone application for that
property. Wastewater will be disposed of by individual wastewater systems meeting the
requirements of the Department of Health. All other essential utilities or services are
available to the property.
There is no severe geological or topographical problem for the property that
cannot be properly rectified or which would render the land unusable. The majority of
the property is located in Zone "X", an area determined by FEMA to be located outside of
the 500-year floodplain. However,there is a small area at the southern portion of the
property in Flood Zone"A"where the existing dwelling is located. Flood Zone A is the
Special Flood Hazard Area inundated by the 100-year flood where base flood elevations
have not been determined. A condition of approval will be added restricting the
construction of single-family dwellings or other substantial buildings within areas
designated Flood Zone"A"by the Flood Insurance Rate Map (FIRM).
Should this request be approved, the applicants may apply for a Second Farm
-3-
Dwelling, allowing for the construction of a second dwelling unit on each lot. The
potential to allow additional dwellings may contribute to the cumulative burden on the
existing infrastructure. As such, a condition is included to prohibit a second dwelling
unit and a Condominium Property Regime(CPR) on each lot. The condition will require
that restrictive covenants be included in the deeds of all the proposed lots for the
subdivision prohibiting second dwelling units to preserve the residential/agricultural
ambience of the area.
Typically the County Council requires that applicants provide a fair share
contribution to mitigate the potential regional impacts of their development on public
facilities and services such as roads and parks. For Family Agricultural (FA) zoning, the
County Council has historically required this contribution for lot sizes of one acre or less.
For example, a fair share contribution would not be required for FA-2a zoning but would
be required for FA-la zoning. Thus, a condition of approval will be added to require a
fair share contribution for the additional lot being proposed by the applicants' future
subdivision of the property.
The request is not contrary to Chapter 205A, Hawaii Revised Statutes,
relating to Coastal Zone Management Area. The property is not situated within the
Special Management Area. It is located approximately 4 miles from the nearest coastline
and will not be impacted by coastal hazard and beach erosion. There are no identified
recreational resources, historic resources, public access to the shoreline or mountain
areas, scenic and open space preserves, coastal ecosystems,marine resources or other
natural and environmental resources in the area. Thus, the proposed request and use of
the property will not adversely impact those resources. It is not anticipated that
endangered or threatened candidate species of flora or fauna are located within the
subject property because the property was previously utilized for sugar cane cultivation
and ranching. Presently, there is no evidence of any traditional and customary Native
Hawaiian rights being practiced on the site,nor existence of known valued cultural,
historical or native resources in the area. Thus, it is not anticipated that the proposed
request will have any adverse impact on cultural or historical resources in the area.
-4-
The request will not have a significant adverse impact to traditional and
customary Hawaiian Rights. In view of the recent Hawai`i State Supreme Court's
"PASH" and"Ka Pa'akai 0 Ka'Aina"decisions, the issue relative to native Hawaiian
gathering and fishing rights must be addressed in terms of the cultural,historical, and
natural resources and the associated traditional and customary practices of the site:
Investigation of valued resources: No formal archaeological reconnaissance
survey, oral history of kamaaina accounts of the area, historical survey of documentary
records, or botanical study was included in the application.
The valued cultural,historical, and natural resources found in the rezoning area.
As the site has been previously utilized for sugar cane cultivation, it is unlikely that there
are any valued cultural,historical, and natural resources to be found in the rezoning area.
Possible adverse effect or impairment of valued resources: There is no evidence
of any possible adverse effects or impairments will occur to any valued resources. Since
the property was formerly used for sugar cane cultivation and has been disturbed in the
past, it is unlikely that any archaeological or historic features exist on the property.
Additionally, there is no evidence that the flora in the area are particularly desired or used
for cultural practices. By letter dated November 16, 2011, the DLNR-SHPD responded
that DLNR-SHPD believes that"no historic properties will be affected"by this current
action.
Feasible actions to protect native Hawaiian rights: As there is no evidence of any
valued cultural, historical, and/or natural resources found on the site, there is no action to
be taken. A condition of approval will be added for the protection of inadvertent finds
should any remains of historic sites, such as rock walls, terraces,platforms,marine shell
concentrations or human burials be encountered. The applicants shall be required to
cease work in the immediate area and contact the Department of Land and Natural
Resources— State Historic Preservation Division(DLNR-SHPD). Subsequent work shall
proceed upon an archaeological clearance from DLNR-SHPD when it finds that
sufficient mitigation measures have been taken.
-5-
Based on the above findings, approval of the Change of Zone request from a Family
Agricultural-2 acre (FA-2a) 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.
The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map) is
provided for your favorable consideration. Please note the proposed conditions of approval are
attached to the draft bill.
-6-
?LA/lbum)6„ Q)7o/9-)'Ttn
COUNTY OF HAWAII e%l•" STATE OF HAWAII
rE of'Aka'
BILL NO.
ORDINANCE NO.
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 FAMILY
AGRICULTURAL—2 ACRES (FA-2a)TO FAMILY AGRICULTURAL— 1 ACRE (FA-1a)
AT PONAHAWAI, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY
2-5-040:018.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawai`i
County Code 1983 (2005 Edition), is amended to change the district classification of property
described hereinafter as follows:
The district classification of the following area situated at Ponahawai, South Hilo,
Hawai`i, shall be Family Agricultural— 1 Acre(FA-1a):
Beginning at the North Corner of this parcel of land,being the south corner of
Lot 2 and along the Northerly side of Akala Road, the coordinates of said point of
beginning referred to Government Survey Triangulation Station"Kaumana",being
977.03 feet North and 615.55 feet East,thence running by azimuths measured clockwise
from True South:
1. Along the remainder of Grant 4538 to A.Macaulton(Lot 2) on a curve to the right
with a radius of 10.00 feet, the chord
azimuth and distance being:
157° 20' 14.14 feet;
2. 202° 20' 134.18 feet along the remainder of Grant 4538 to A.
Macaulton(Lot 2);
3. 235° 33' 276.39 feet along the remainder of Grant 4538 to A.
Macaulton (Lot 2);
-1-
4. 345° 36' 332.42 feet along R. P. 5516, L.C. Aw. 4983 to
Kukeleau(Lot A-1);
5. 55° 39' 30" 234.15 feet along Grant 10,389 to (Mrs.)Riki
Fujimoto (Lot 2);
6. 143° 48' 166.00 feet along Akala Road;
7. 112° 20' 70.00 feet along Akala Road to the point of
beginning and containing an area of 2.116
Acres.
All as shown on the map attached hereto,marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25-2-44,Hawai`i County Code 1983 (2005
Edition), the County Council finds the following conditions are:
Necessary to prevent circumstances which may be adverse to the public health, safety
and welfare; or
(1) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
SEE ATTACHED CONDITIONS
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
-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-
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A-3a
A-3a
A-3a
A-3a
FAMILY AGRICULTURAL-TWO
ACRES(FA-2a)
TO FAMILY AGRICULTURAL-ONE
A-3a ACRE(FA-1a)
2.116 ACRES TOTAL
A-3a
FA-2a
--1-- 977.03'N A-3a
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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
FAMILY AGRICULTURAL- 2 ACRES (FA-2a) TO
FAMILY AGRICULTURAL- 1 ACRE (FA-1a),
AT PONAHAWAI, SOUTH HILO, HAWAII
MAP PREPARED BY:
COUNTY OF HAWAII, PLANNING DEPARTMENT
TMK:(3)2-5-040:018 DATE:NOV 28,2011
EXHIBIT "A" Leslie A.Botelho and Betty Jean Botelho
Mao 1320
CBotelhoREZ11-149.doc 01/17/12
LESLIE A.AND BOBBY JEAN BOTELHO
CHANGE OF ZONE APPLICATION (REZ 11-000149)
CONDITIONS OF APPROVAL
A. The applicants, successors or assigns shall be responsible for complying with all
of the stated conditions of approval.
B. The applicants, successors or assigns shall be responsible for complying with all
requirements of Chapter 205, Hawai`i Revised Statutes, relating to permissible
uses within the State Land Use Agricultural District.
C. The required water commitment payment shall be submitted to the Department of
Water Supply in accordance with its "Water Commitment Guidelines Policy"
within one hundred and eighty(180) days from the effective date of this
ordinance. The applicants shall construct necessary water system improvements
(including but not limited to installation of a service lateral to accommodate a 5/8-
inch meter for the proposed additional lot and fire hydrants within 300 feet of
each lot) and remit the prevailing facilities charge, as determined by the
Department of Water Supply and convey these improvements to the County
Water Board prior to Final Subdivision Approval.
D. Final Subdivision Approval for development shall be secured within five(5) years
from the effective date of this ordinance.
E. Restrictive covenants in the deeds of all proposed lots shall give notice that the
terms of the zoning ordinance prohibit the construction of a second dwelling unit
and condominium property regimes on each lot. This restriction may be removed
by amendment of this ordinance by the County Council. The owner of the
property may also, in addition, impose private covenants restricting the number of
dwellings. A copy of the proposed covenant(s)to be recorded with the State
Bureau of Conveyances shall be submitted to the Planning Director for review
and approval prior to the issuance of Final Subdivision Approval. A copy of the
recorded document shall be filed with the Planning Department upon its receipt
from the Bureau of Conveyances.
1
F. To provide for future road widening improvements,the fifteen(15)-foot wide
future road widening setback along the subject property's 'Akala Road frontage
shall be subdivided and dedicated to the County of Hawai`i at no cost upon
request.
G. All new driveway connections to `Akala Road shall conform to Chapter 22,
County Streets, of the Hawai`i County Code.
H. Any new construction or substantial improvements shall comply with the
requirements of Chapter 27, Floodplain Management, of the Hawai`i County
Code.
The method of sewage disposal shall meet with the requirements of the State
Department of Health.
J. All development-generated runoff shall be disposed of on-site and shall not be
directed toward any adjacent properties. If required, a drainage study shall be
prepared and submitted to the Department of Public Works and any required
drainage improvements shall be constructed, meeting the approval of the
Department of Public Works prior to Final Subdivision Approval.
K. All earthwork activity, including grubbing and grading, shall conform to Chapter
10, Erosion and Sedimentation Control of the Hawaii County Code.
L. Should any remains of historic sites, such as rock walls,terraces,platforms,
marine shell concentrations or human burials be encountered, work in the
immediate area shall cease and the Department of Land and Natural Resources—
State Historic Preservation Division(DLNR-SHPD) shall be immediately
notified. Subsequent work shall proceed upon an archaeological clearance from
DLNR-SHPD when it finds that sufficient mitigation measures have been taken.
M. The applicants, successors or assigns shall make their fair share contribution to
mitigate the potential regional impacts of the proposed subdivision with respect to
parks and recreation, fire, police, solid waste disposal facilities and roads for the
one additional lot to be created. The fair share contribution shall become due and
payable prior to receipt of Final Subdivision Approval. The fair share
contribution for the lot shall be based on the actual number of residential units
developed. The fair share contribution in a form of cash, land, facilities or any
2
combination thereof shall be determined by the County Council. The fair share
contribution may be adjusted annually beginning three years after the effective
date of this ordinance,based on the percentage change in the Honolulu Consumer
Price Index (HCPI). The fair share contribution shall have a combined value of
$12,316.47 per single family residential unit. The total amount shall be
determined with the actual number of units according to the calculation and
payment provisions set forth in this condition. The fair share contribution per
single family residential unit shall be allocated as follows:
• $5,939.22 per single family residential unit to the County to support
park and recreational improvements and facilities;
• $286.51 per single family residential unit to the County to support
police facilities;
• $565.89 per single family residential unit to the County to support fire
facilities;
• $247.75 per single family residential unit to the County to support
solid waste facilities; and
• $5,277.10 per single family residential unit to the County to support
road and traffic improvements.
In lieu of paying the fair share contribution,the applicants, successors or assigns
may contribute land and/or construct improvements/facilities related to parks and
recreation, fire,police, solid waste disposal facilities and roads within the region
impacted by the proposed subdivision, subject to the review and recommendation
of the Planning Director,upon consultation with the appropriate agencies and
approval of the County Council.
N. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for the imposition of exactions or the assessment of impact fees, conditions
included herein shall be credited towards the requirements of the Unified Impact
Fees Ordinance.
O. The applicants, successors or assigns shall comply with all applicable County,
State and Federal laws, rules, regulations and requirements.
3
P. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
1. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicants, successors or assigns,
and are not the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
3. Granting of the time extension would not be contrary to the original
reasons for the granting of the change of zone.
4. The time extension granted shall be for a period not to exceed the period
originally granted for performance(i.e., a condition to be performed
within one year may be extended for up to one additional year).
5. If the applicants should require an additional extension of time, the
Planning Department shall submit the applicants'request to the County
Council for appropriate action.
Q. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate rezoning of the property to its original
or more appropriate designation.
4
3/30/2012
LESLIE A. AND BETTY JEAN
BOTELHO
CHANGE OF ZONE APPLICATION
(REZ 11-000149)
COURI. 668
Bill 228
1
3/30/2012
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STATE LAND USE DESIGNATION
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3/30/2012
THE APPLICANTS ARE REQUESTING :
.25 A Change of Zone from Family Agricultural — 2 acres
(FA-2a) to Family Agricultural — 1 acre (FA-1a) for
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into two parcels for family.
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3/30/2012
PLANNING
DIRECTORS
RECOMMENDATION
Favorable Recommendation With Conditions
12