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HomeMy WebLinkAboutCOM 0278.000 2012-2014 "Y+. _ Walter K.M.Lau ..," ` 4%¢ Managing Director William P.Kenoi *: � �:+ Mayor `;'� Randall M.Kurohara •J`4;• • �• • • • ■ , • . Deputy Managing Director E of∎40' . County of Hawai`i Office of the Mayor 25 Aupuni Street,Suite 2603 • Hilo,Hawai`i 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Me Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawai`i 96740 (808)323-4444 • Fax(808)323-4440 April 29, 2013 gi .....&` J Yoshimoto, Council Chair and Members of the County Council -i -,Gz County of Hawai`i L. c r.< 25 Aupuni Street tom' Hilo, HI 96720 OE Dear Chairman Yoshimoto and Members: State Land Use Boundary Amendment (SLU 13-000037) Request: Agricultural to Urban Change of Zone(REZ 13-000161) Request: A-1 a to RS-15 Applicant: Nobuchika Santo Tax Map Key: 2-5-023:015 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 letter and enclosures regarding the above-referenced matter. Sincerely, 1i William P. Kenoi Mayor Enclosures cc: Planning Department ‹Zi‘1S 804" 81 Comm. No. 02 7 Ref.To: P C- County of Hawaii is an Equal Opporu ity Provider and Employer. Ref. Dote, MAY 0 7 2013 `Y of'''''. County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720 Phone(808)961-8288 • Fax(808)961-8742 APR 2 9 ?_013 J Yoshimoto, Council Chair and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yoshimoto and Council Members: State Land Use Boundary Amendment (SLU 13-000037) Request: Agricultural to Urban Change of Zone(REZ 13-000161) Request: A-1 a to RS-15 Applicant: Nobuchika Santo Tax Map Key: 2-5-023:015 The Windward Planning Commission, at its duly held public hearing on April 18, 2013, recommended for your approval the proposed legislative bills for a State Land Use Boundary Amendment from the Agricultural to Urban District and a Change of Zone from an Agricultural — 1 acre(A-1 a) to a Single-Family Residential— 15,000 square feet(RS-15) zoning district for approximately 1 acre of land. The subject property is located along the south side of Ainako Avenue, approximately 360 feet west from its intersection with Kokea Street, Punahoa 1st and 2nd, South Hilo, Hawai`i. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the requests: State Land Use Boundary Amendment The approval of the reclassification from the State Land Use Agricultural to the Urban District will not be violative of Section 205-2, Chapter 205, Hawai`i Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules and the County General Plan. According to the Land Use Commission Rules, one of the standards for Nawai`i County is an Equal Opportunity Provider and Employer The Honorable J Yoshimoto, Chairman and Members of the County Council Page 2 considering an area for urban reclassification states that "In determining urban growth for the next ten years, or in amending the boundary, land contiguous with existing urban areas shall be given more consideration than non-contiguous land, and particularly when indicated for future urban use on state or county general plans." The project area conforms to this standard as it is situated adjacent to existing Urban-designated lands to the north. The applicant's request to designate one acre into the Urban District reflects the infilling of Agricultural-lands within this section of Hilo currently surrounded by Urban-designated lands. More specifically, the request is simply to eliminate a split- zoned condition that exists within the property that is complicating efforts to manage the applicant's estate. The applicant requests a concurrent Change of Zone from Agricultural (A-1a)to Single-Family Residential 15,000 square feet(RS-15). The Urban District request would be consistent with the goals and polices of the Land Use element of the General Plan. The LUPAG Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed Urban District request conforms to the General Plan Land Use Pattern Allocation Guide(LUPAG) Map, which designates this area as Low Density Urban. Thus, the area under consideration is consistent with the urban form already established for this section of Hilo as depicted on the LUPAG Map. The project site is located in an urban-like setting adequately served by transportation, utilities, commercial establishments and other amenities. The reclassification and proposed rezoning will allow the property to be subdivided to correspond to the existing RS-15 designated portion of the site. The urban classification also conforms to the standard that the development is within reasonable proximity to centers of trading and employment and basic services such as schools, police and fire protection, transportation systems and water. The project site is located within the City of Hilo, close to existing commercial uses, and thus conforms to the Land Use Commission Rules that encourages urban development in close proximity to existing developments, services and facilities. The primary project access will be from the Ainako Avenue, a County road with an approximate right-of-way width of 70 feet. The Department of Public Works (DPW) recommends that access be limited to a single location from Ainako Avenue. The applicant notes that there is a possibility that access from the future road easement adjacent and to the west could also be utilized. The DPW provided no comments on the alternative. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 3 County water, as well as police and fire services, are located within close proximity to the project site. All essential utilities are available to the property. The project is also consistent with the Hawai`i State Plan, a guide for the long- range development of the State. The Plan identifies goals, objectives, policies and priorities for the State and provides a basis for the determination of policies and allocation of limited resources. Section 226-19 (Objectives and policies for socio-cultural advancement- housing), subsection(b)(1) of the Hawaii State Plan Chapter 226, HRS, (1996) states "it shall be the policy of this State to effectively accommodate the housing needs of Hawai`i's people". Section (b)(3) which states, "Increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style and size of housing." Thus, the proposed project is consistent with the policies outlined in the Hawai`i State Plan. Urban Districts shall include lands characterized by "city-like" concentrations of people, structures, streets, urban level of services and other related land uses. The project site is located within the City of Hilo with urban level facilities including an elementary school, hospital, church, gas station, the Kaumana Fire Station, and single- family residential uses. Properties along Ainako Avenue are primarily single-family residential uses. The property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U.S. Federal Emergency Management Agency designates the property as Zone "X" (areas outside of the 500-year flood plain) and meets the standard which states that the lands included within the urban district "... shall be those with satisfactory topography and drainage and reasonably free from the danger of floods, tsunami and unstable soil conditions and other adverse environmental effects." While the project site is situated within the State Land Use Agricultural and County's Agricultural (A-la) zoned district, it is not currently being used for active agricultural purposes. The property is Unclassified under the State of Hawai`i's Agricultural Lands of Importance to the State of Hawai`i (ALISH)Map and is not in agricultural use. The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area is "E" or "Very Poor." The Honorable J Yoshimoto, Chairman and Members of the County Council Page 4 Based on the above, the reclassification of one acre of land from the Agricultural to the Urban designation will not be detrimental to the reduction of this area from the agricultural land inventory in the County of Hawai`i. Based on the above, the approval of the State Land Use Boundary Amendment from the Agricultural to the Urban District complements the State Land Use District Regulations and is supportive of the Hawai`i State Plan. Change of Zone The applicant requests a Change of Zone from A-1 a to RS-15 for approximately one acre of land to amend the current A-la zoned portion of the property to correspond to the existing RS-15 portion of the site. By this action, the applicant hopes to facilitate estate planning in the future. The 1.312-acre property is split- zoned into A-1 a and RS-15. The RS-15 zoned portion consists of approximately 13,585-square feet, improved with a dwelling, and is non-conforming in size. If the remaining one-acre A-1 a portion of the property were to be developed with a second dwelling, a Farm Dwelling would be the only option as required by State Land Use Law. The applicant requests the change of zone for the one-acre A-la portion of the site to construct a second dwelling in the future, should needs arise, thus necessitating the change of zone to RS-15. Currently, there are no plans to subdivide the property, although approval of this change of zone could allow a minimum of three (3) lots to be created. The applicant requests a concurrent State Land Use Boundary Amendment from Agricultural to Urban. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The Change of Zone request from an A-1 a to RS-15 conforms to, among others, the goals,policies and standards of the General Plan Economic and Land Use Elements. The property is zoned A-la and the State Land Use designation is Agricultural. The Land Use Pattern Allocation Guide(LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non- urban form for areas within the County. The subject area is designated Low Density The Honorable J Yoshimoto, Chairman and Members of the County Council Page 5 Urban. This designation allows residential, with ancillary community and public uses, and neighborhood and convenience-type commercial uses. Thus, the proposed development would be consistent with the General Plan land use designation and will be in harmony with the character of the surrounding neighborhood and result in an intensity of land utilization no higher than as permitted or as otherwise specified for the district in which this proposed development occurs. The Hilo Community Development Plan approved in 1975 identifies the property for residential and agricultural/open uses, and reflects the largely residential uses in the surrounding area. Thus, the proposed action would be consistent with the Hilo CDP. The subject property is split-zoned RS-15 and A-1 a. The unimproved subject area is an approximately one-acre portion of a 57,145-square foot parcel zoned A-1 a. The remaining portion of the parcel, approximately 13,585-square foot in size and not part of the request, is currently zoned RS-15 and improved with a single-family dwelling. Surrounding properties are zoned A-la(south) and RS-15 across Ainako Avenue and immediately adjacent to the property to the northwest and east. The area consists of low density residential uses. Therefore, a favorable recommendation of this change of zone request will be consistent with the existing land uses within this portion of Hilo. The Federal Emergency Management Agency designates the property as Zone "X", an area determined to be outside of the 500-year flood plain. The property is unclassified by the Agricultural Lands of Importance to the State of Hawai`i (ALISH) System and is not currently being used for any agricultural activities. Soils within the property and surrounding area are classified as"E"or"Very Poor" for agricultural productivity by the Land Study Bureau. Access to the property is from Ainako Avenue, a County road with an approximate right-of-way width of 70 feet. The Department of Public Works (DPW) recommends improvements to the property's entire Ainako Avenue frontage including pavement widening with paved shoulder, drainage improvements, and any required utility relocation. Conditions of approval will be included to reflect the DPW's recommendation modified to be implemented only should subdivision of the property occur. We feel that this is a reasonable application of standards given that approval of this change of zone would result in the possible construction of one additional single- family dwelling compared to that allowed by the property's current zoning designation. Furthermore, the DPW recommends that access be limited to a single location in response to the applicant's statement of the possibility that access from the future road easement adjacent to and west of the site could also be utilized. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 6 All utilities and services are available to the site. County water and all essential utilities are available to the site. A County sewerline fronts the property on Ainako Avenue. The applicant will be required to connect to the sewerline. The subject request is not contrary to Chapter 205A, Hawai`i Revised Statutes, relating to Coastal Zone Management Area. The property is not located in the Special Management Area. There are no identified recreational resources, public access to the shoreline or mountain areas, designated scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the immediate project area. Thus, the proposed request and use of the property will not adversely impact those resources. Based on the above findings, the approval of the Change of Zone request from an Agricultural (A-la) to a Single Family Residential (RS-15) zoned district would result in an appropriate land use pattern that will further benefit the public. For your favorable consideration, amendments to the State Land Use Boundaries Maps and Section 25-8- 33 (City of Hilo Zone Map) of Chapter 25 (Zoning Code) of the Hawai`i County Code are transmitted. We are enclosing copies of the staff Background, Planning Director's Recommendations, Revised Conditions for the Change of Zone, and the Powerpoint presentation for your information. Sincerely, Wallace Ishibashi, Jr., Chairman Windward Planning Commission Lsantoslurez02wpc Enclosures cc: Mr. Sidney Fuke Mr. Nobuchika Santo Department of Public Works Department of Water Supply Department of Land &Natural Resources-HPD State Land Use Commission William Brilhante, Esq., Corporation Counsel B S anto SLUREZ.doc-4/9/13 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT NOBUCHIKA SANTO STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 13-000037) CHANGE OF ZONE APPLICATION (REZ 13-000161) NOBUCHIKA SANTO has submitted applications for a State Land Use Boundary Amendment from Agricultural to Urban and a Change of Zone from Agricultural 1-acre (A-1 a) to Single-Family Residential 15,000 square feet(RS-15) for approximately 1.00 acre of land. The property is located along the south side of Ainako Avenue, approximately 360 feet west from its intersection with Kokea Street, Punahoa 1St and 2nd, South Hilo, Hawaii, TMK: 2-5- 023: por 15. PROPOSED ACTION 1. Request: State Land Use Boundary Amendment from Agricultural to Urban and a Change of Zone from A-1 a to RS-15 for one acre of land to amend the A-1 a zoned portion of the property to correspond to the existing RS-15 portion of the property. By this action,the applicant hopes to facilitate estate planning in the future. The 1.312-acre property is currently split- zoned into the A-la and RS-15 zoning designation. The RS- 15 zoned portion consists of approximately 13,585-square feet, improved with a dwelling, and is non-conforming in size. If the remaining A-1 a portion of the property were to be developed with a second dwelling, a Farm Dwelling would be the only option, as required by the State Land Use Law. The applicant requests the change of zone for the A-1 a zoned portion of the site to construct a second dwelling in the future, should needs arise, thus necessitating the change of zone to RS-15. Currently,there are no plans to subdivide the property although approval of this change of zone request could allow a maximum of three (3) lots to be created. (Exhibit 1 - State Land Use Boundary Amendment and Change of Zone applications) 2. Landowners: Nobuchika Santo, Sachiyo Santo and Jo Ann Santo. STATE AND COUNTY PLANS 3. State Land Use Designation: Agricultural. Attachment to: Comm. 278 Bills 80 and 81 4. GP LUPAG Map: Low Density Urban and Rural. 5. County Zoning: A-la. 6. Hilo Community Development Plan: The Hilo Community Development Plan approved in 1975 identifies the property for residential and agricultural/open uses. 7. Special Management Area (SMA): The property is not situated within the SMA. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 8. Project Site: The subject property is split-zoned RS-15 and A-la. The subject area, which is unimproved, is an approximately one-acre portion of a 57,145-square foot parcel zoned A-1 a. The remaining portion of the parcel, approximately 13,585-square feet in size and not part of the request, is currently zoned RS-15 and improved with a single- family dwelling. 9. Surrounding Zoning/Land Uses: A-la(south) and RS-15 across Ainako Avenue and immediately adjacent to the property to the northwest and east. The area consists of low density residential uses. 10. ALISH: Unclassified. 11. Land Study Bureau's Detailed Land Classification System: "E" or"Very Poor". 12. FEMA: Zone "X", areas determined to be outside the 500-year flood plain. 13. Flora/Fauna: No professional surveys were conducted of the property, as the property is improved. According to the applicant,there are no known rare or endangered flora or fauna on the site. 14. Archaeological/Cultural Resources: No formal archaeological study was submitted since the property is improved with a single-family dwelling. In a letter dated January 31, 2013. the applicant has requested a letter of"no effect"from the DLNR-HPD. 15. Public Access: None that traverses the property. PUBLIC UTILITIES AND SERVICES 16. Access: The primary project access will be from the Ainako Avenue, a County road with an approximate right-of-way width of 70 feet. The Department of Public Works recommends that access be limited to a single location. 17. Water: County water is available to the site. 18. Wastewater: The County sewerline fronts the property. 19. Utilities and Services: All essential utilities are available to the property. -2- AGENCIES' AND ORGANIZATIONS' COMMENTS 20. Department of Public Works: P.D. Exhibit 2 -March 21,2013 memo and applicant's response letter dated April 1,2013. 21. Department of Water Supply: P.D. Exhibit 3 -March 18,2013 memo 22. Police Department: P.D. Exhibit 4 - March 11,2013 memo 23. Department of Environmental Management: P.D. Exhibit 5 - February 25,2013 memo 24. Department of Health: P.D. Exhibit 6 -March 10,2013 memo AGENCIES AND ORGANIZATIONS-NO RESPONSES 25. Fire Department, Land Use Commission, Department of Land and Natural Resources Historic Properties Division APPLICANT'S RESPONSE TO AGENCIES' COMMENTS 26. P.D. Exhibit 7- applicant's letter dated March 19,2013 PUBLIC COMMENTS 27. None as of this writing. -3- APPLICATIONS FOR STATE LAND USE BOUNDARY AMENDMENT (Agricultural to Urban) and COUNTY REZONING (A-la TO RS-15) NOBUCHIKA SANTO Punahoa 1St and 2", South Hilo, Hawai i TIVIK: (3) 2-5-023: 015 Prepared For: Nobuchika Santo . Prepared By: Sidney M. Fuke, Planning Consultant January 2013 Planning Dept. Exhibit { STATE LAND USE BOUNDARY AMENDMENT APPLICATION (15 ACRES OR LESS) COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) PETITIONER: Nobuchika Santo PETITIONER'S SIGNATURE: DATE: 1/3/13 ADDRESS: 937 Ainako Avenue Hilo, HI 96720 PETITIONER'S INTEREST IF NOT OWNER: TELEPHONE:(Bus.) (Res.) 935-3052 (Fax) LANDOWNER(S): Nobuf-iika Santo; Sachiyo Santo; Jo Ann Santo LANDOWNER SIGNATURE(S): see attached DATE: ADDRESS: 937 .inago Avenue (May be by letter) Hilo, HI 96720 TAX MAP KEY: 2-5-23: 15 STREET ADDRESS OF PROPERTY: 937 Ainako Avenue ZONING: A-la SIZE OF PROPERTY: 1 acre CURRENT STATE LAND USE DISTRICT CLASSIFICATION: Agricultural REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Urban AGENT: Sidney Fuke 100 Pkuahi Street, Suite 212 ADDRESS: Hilo, HI 96720 TELEPHONE:(Bus.) 969-1522 (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Sidney Fuke COPIES: Nobuchika Santo Ray Santo - Box 278 Kailua, HI 96734 (See Instructions on Reverse Side) LETTER OF AUTHORIZTION Subject: Request to Change the State Land Use and Zoning for a portion of Tax Map Key: 2-5-23: 15 located at 937 Ainako Avenue,Hilo, Hawaii To Whom It May Concern: This letter hereby authorizes Sidney Fuke to sign all documents associated with the request to change the State Land Use and Zoning designations. Name Date Name Date N. Date CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Nobuchika Santo APPLICANT'S SIGNATURE: DATE: 1/3/13 ADDRESS: 937 Ainako Avenue,Hilo, HI 96720 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S)INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) N/A (Res.) 808-935-3052 (Fax) N/A LANDOWNER(S): Nobuchika Santo, Sachiyo Santo,Jo Ann Santo LANDOWNER SIGNATURE(S): DA'L'E: 1/3/13 DATE: 1/3/13 i�' A '% `� DATE: 1/3/13 V LANDOWNER(S)ADDRESS: 937 Ainako Avenue, Hilo, HI 96720 REQUEST: A-la TO R-15 (Existing zoning) (Proposed Zoning) TAX MAP KEY: 2-5-23: 15 STREET ADDRESS OF PROPERTY: 937 Ainako Avenue, Hilo,HI 96720 SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 1.00 acre AGENT: Sidney M. Fuke, Planning Consultant ADDRESS: 100 Pauahi Street, Suite 212 Hilo,HI 96720 '1'ELEPHONE:(Bus.) 969-1522 (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Sidney Fuke COPIES: Nobuchika Santo—937 Ainako Avenue, Hilo,HI 96720 Ray Santo—P.O. Box 278, Kailua, HI 96734 ATTACHMENT Residential Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1 . If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? No if yes, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? b. Into what lot sizes? c. if your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? d. Do you intend to build houses on the newly created lots? No if yes, please answer the following questions: on how many of those lots? At what approximate price range? House Lots Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans No b. Sell or lease the land to someone who has tentative plans? No C . Sell or lease the land to someone who has no plans? No d . Keep it? Yes e. other (please state) f . If you intend to do either a, b, or c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? Yes How? This project will enable the construction of a rd dweling on the site. . 4. Are there any buildings on the subject area? Yes If so, what kind? Single family dwelling what do you intend to do with those buildings if your request is approved? • Keep it -2- 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. 6. To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. 7• Do you think that the roads leading to the subject area needs improvement? No If so, what kind? Is the road adequate for the proposed traffic volume or load? Yes 8. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? yes Na a. Schools X b. Roads X c . Sewer X d. Drainage X e , police Protection X -3- Yes No 1. Fire Protection X g, Recreational Facilities X h . Public Utilities X 1 other X For those checked "yes, " please elaborate what type or kinds of improvements and/or assistance are needed. Please refer to planning and environmental report Signature: See attached authorization Address: 937 Ainako Avenue Telephone: 935-3052 Date: January 31,2013 337A/50A _4_ .D. 5/84 COUNTY ENVIRONMENTAL REPORT APPLICATIONS FOR STATE LAND USE BOUNDARY AMENDMENT {Agricultural to Urban)and COUNTY REZONING REQUEST(A-la to RS-15) NOBUCHIKA SANTO PUNAHOA 1ST AND 2ND SOUTH HILO, HAWAII TAX MAP KEY: (3)2-5-23: 015 I. INTRODUCTION Nobuchika Santo (hereinafter"applicant")wishes to rezone a 43,560 square foot portion of a 57,145 square foot parcel, identified by TMK: (3) 2-5-23: 015, into the Single-family Residential(RS-15) district. The purpose of this is to make the zoning commensurate with RS-15 portion of the site as well as to facilitate future estate planning purposes. As the affected area is also situated within the State Land Use Agricultural district, the applicant is concurrently requesting it to be reclassified from the State Land Use Agricultural to the Urban district. 11. PROJECT LOCATION The subject area, consisting of exactly 1.0 acre, is located on the south side of Ainako Avenue, with a street address•of 937 Ainako Avenue, in the City of Hilo. More specifically, the site is located approximately 1 mile mauka or west of Kaumana Drive and about 2,000 feet south of Waianuenue Avenue. it is situated within the land division of Punahoa 1st and 2"d, South Hilo, and is identified by TMK 2-5-23: 015 portion. (Figures 1 and 2) III. PROJECT DESCRIPTION A. Project Concept The applicant and his wife are both retired and are aging gracefully. While healthy, they will soon be in need of family support. This support could come in the form of renovating the existing dwelling to make it more age-friendly, constructing a new ohana dwelling for one of their children, or both. As noted earlier, the subject property consisting of 1.312 acres has dual zoning designations_ The front portion, consisting of 13,585 square feet, where the dwelling is located, is zoned RS-15. This area is thus non-conforming in terms of lot size and could render some setback and related issues in the event renovations are made 1 • -nry',�.r 1,,i - r 'l .(, 1, it 0 ti�' ',i lk -� • • lfe3 +i. f '''',i,, ,.',/ i // eF3emer r r fa'''' _ sr /,' /i t y� �a .� 7 .47!.,:'. .'" '''''• l s‘,.h •HAWAII -'S '., Q ...., i i F • \:-.° i Z013 Microsoft CO .+r i 1 ; • • • • • • FIGURE I • --I - -- 1 I 1-re,,--- ..;=.4_a r .4•7 -o). . ---1 x.....-.AW..... in IP N 4 a ill. .., - z gi.c. 1 v., << 1 1 C) it t •. =',,al t: il ''', t ' 0 t VIII 8 tl ' ta PI --. 0 IA 11 Val . 44 t5 Pi X 0 Nt4 i ; tli 1 IN 0 t (,) 1 f . 11 J111 a I /.... 11 j_Al g 1 pi? 1. *5 4. ?, I . ' , I, (.1 ki C0 ,1 1 /41 * ' 'I.i 1 t -..:::7....."....... ,.......104,....... / ® - : 1 ile 8 ; I tii.i Z. uplift 1 i, -4 "I ri I ! 1 ii 1 1 i I-" P , 8 1 tv I 0exrda .0 0 AN 1 ■ 4 -- '1,6,1 1•1 Ito le „,,,,, It. . ... _ IN 6...-., ' 11 kl I i 1 11 '( 0 ,i. 1 ..1.■ , i I ti : 4 ''... y1 .< I l''4 .Z.• '11.3 n le•o.."'.I 0 k.1 I t• 1- It --va. Ir Ali . 0 IN' I N ; Zt AZ p 21, It , ;1;1: jc '41:,z0., ul ••7, 4' '4: SUBJECT SITE ..,.., i i U • rt_ : e a . .1 a i -elf i -,.,. t.--- a 52 n .11,.., Nt Y.i 't 4 .. \ RE 4 i ID -<.›...,..,.._,... - - . :;:.: ..-:'," ''''' 'for.-=1- • ....I.- . ..; --..1.... ..,„ 1 : FIGURE 2 , to the existing dwelling or a new dwelling is constructed in that area. (Figure 3) At the same time, should the second dwelling be constructed in the A-la zoned area, it would have to be justified as a "Farm Dwelling", which is not really the intent of the applicant and his family. An Ohana type of dwelling would be more appropriate. Without the RS-15 rezoning, however, that option would not be possible. The applicant has no plans at the moment to subdivide the property. As such, there is no proposed subdivision map in this report. It should be noted, however, that the applicant and/or his successors may eventually decide to subdivide the property to help address future estate planning objectives. B. Project Timetable and Cost The applicant has no specific plans or timetable to construct an ohana type dwelling or renovating the existing dwelling. Accordingly, as it relates to the applicant's current plans, there are no additional projected costs. When a decision to construct something is made, the required building permit(s)will be secured. Hopefully, that decision will be made before the end of the year, and if so, improvements can begin early next year. IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The subject property is designated Agriculture. As such, a boundary amendment to cover the requested RS-15 zone is required and is being filed concurrently with the requested zone change application. B. County General Plan The County General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the subject site and surrounding area Urban Expansion. This designation "Allows for a mix of high density, low density, industrial and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. Within areas designated for development as resorts, portions of the resort area may be included in the urban expansion area." The proposed single-family residential lot subdivision would be 2 . 1 1 ��4f1,..) o • / �3 -;�`• `N e LOT 6, BLOCK 20 �� � 2 co 11 e05 a FTIE PLAN 427 �\�eg- Poi ca i ( 13,586 SQ. FT. ) �b .• r I > NU�"V���\°\ TM K 2-6-23:15 03 ile'44914 230' 07' 171.81 .74284c4, I I I,3334.38 S am 9975.42 W co ` m HALAL' m \�\ �''mr w M I �t LOT 5 0 LOT 6—A m ALEXANDER 6. SHUR/. . t 11 57,145 SQ. FT. OR OWNER s 1.312 ACRES g I t SUR=AND PLAN BY . I PLO B.397'. HILO, a&w ID j . t- NOVEMBER 21. 1990 �' I ° ~ b I GN�Xq`'• (43,580 SQ. FT. OR 1.000 ACRE) 0V 4,'• p y i, I ZOIREO " i PROFESSIOI:Al, LANG MGM THE 2-6-29:56 I Y 8GRVNd� '�CHIYO Ni3GO997 ' 1'DI.O. AATAII 96720 \',`N ..5% • . 1 / OENCR:MIX 2-6-08:03 1 '•MA RD'EE9iAT10EAy 2` S 1686 XAPIOLANI BLVD.. 50' 07' �..- 171.81 LOT B RATAN IMO. °�°� (REMAINING LOT) - PLAN SHOWING 283.593 ACRE SUBDIVISION OF PORTION OF R.P. 5707, L.C.AW. 463 TO KUIHELANI NO E. KAHAKUMAKAL[UA - AND R.P. 1950, NO. 2 TO CHARLES H. WETMORE ON A PORTION OF L.C. AW. 387, PART 4, SECTION 1 TO AMERICAN BOARD OF COMMISSIONERS FOR FOREIGN MISSION INTO LOT A AND LOT B AND THE CONSOLIDATION OF LOT A WITH LOT 6, BLOCK 20, FUR PLAN 427 I INTO LOT 6—A SITUATED AT PUNAHOA 1ST. AND 2ND,. SOUTH HILO, HAWAII ---- -- Ravi6cd M7.•/ativo_ 1 FIGURE 3 consistent with this designation. As such, no General Plan amendment would be required to effectuate this project C. Hilo Community Development Plan (CDP) The Community Development Plan (CDP) attempts to further define the General Plan and serves as a guide for decision-makers. It was adopted by the Planning Commission in 1975, over 35 years ago and, accordingly, quite dated. Although reviewed by the County Council, the CDP was never adopted. Notwithstanding the above, the CDP's Land Use Concept map identifies a RS-15 designation for this area This designation suggests residential uses at an average of nearly 3 units per acre. The requested zoning would be consistent with this document A small sliver of the subject site is designated Residential/ Agricultural/Open. This designation appears to apply to the adjoining larger parcel. D. County Zoning The County zoning of the requested area is Agriculture (A-1a). If the Single-family Residential(RS-15) request were approved, at the appropriate time, all related land use and development codes such as building permit, subdivision, and the like would be complied with by the applicant. E. Other Permittinq Considerations The site is not located within the County Special Management Area (SMA). As such, r,o SMA Use Permit would be required. However, as rc;Fed earlier, other construction-related permits may be required in th future. These would be of the "ministerial" variety, such as bt<ilding permit, subdivision Approval, grading permit, and the V. ENVIRONMENTAL CONSILIERATIONS A. General Description The subject site it ;r,rn ,.shat rectangular in shape. The property is located generally!Jo.ith ;ida of Ainako Avenue, approximately one mile mauka or east of Ka!Imam Drive. There is a proposed 60-foot wide road right-of-we y adjacent and west of the subject property. 3 However, this is an unimproved right-of-way and privately owned. As such, access to the site is from Ainako Avenue. As noted earlier, there is a single-family dwelling on the subject property. In the area of the requested rezoning, however, that area is absent of any structures. B. Climate, Soil and Topography According to the State Commission on Water Resource Management, the closest rain gauge in this area is the Hilo Airport. The annual median rainfall for this area is approximately 131 inches. The average daily temperature ranges from a minimum of 61 degrees to 79 degrees Fahrenheit. Wind patterns are generally easterly during the day and westerly during the evenings. The property is located approximately 600+feet above mean sea level, and is fairly level. The Land Study Bureau Overall Master Productivity Rating of this area is "E" (E306) or very poor. This designation suggests that the site has very poor potential for agricultural productivity. Further, this type of soil is characterized by almost bare pahoehoe, with very little soil material. The parent material is pahoehoe, and it is moderately drained. It is unsuited for machine tillability. The project site is unclassified under the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system. This classification does not recognize this site as being agriculturally important. The site is fairly level with moderate undulations. C. Natural Hazards 1. Drainage The Federal Flood Insurance Rate Map (FIRM) identifies the subject site to be within Zone X(areas outside of 500-year flood). There are no existing drainage ways on the site. 2. Tsunami Hazard Given its elevation (600+) and distance from the nearest shoreline (3±miles), it is located outside of the Civil 4 Defense's Tsunami Evacuation Zone. Thus, there should be little or no threat from high waves. 3. Volcanic and Earthquake Hazards According to the United States Geological Survey maps, the project site is located within Lava Flow Hazard Zone 3, on a scale of ascending risks 9 to 1. The entire City of Hilo falls in the Zone 3 category. There is very little that can be done to protect structures and improvements on the site from lava flows. Like all residents, the reliance would be on the evacuation system provided by the County. The Building Code designates the entire island of Hawaii Earthquake Zone 4 and contains certain structural requirements to address the relative seismic hazard. These will be complied with in conjunction with the construction of any new structure on the site. D. Fauna Resources Although there was no professional survey conducted of the faunal resources of the site, the applicant does not believe that rare or endangered faunal resources are likely to be found within or proximate to the subject site. This is due to the already developed state of the subject area and its immediate surrounding area. Nonetheless, due to the semi-developed state of this area, the faunal resources should be somewhat typical of other developed areas. One may thus find bird species such as the Spotted Dove, Japanese White-eye, House Finch, Common Myna, and the like. Domestic animals such as cats and dogs, and other animals like rats and mongoose are also common. None of these are endangered animals. As such, it is unlikely that the development of this property would cause any adverse faunal impacts. E. Flora Resources Similarly, no commissioned botanical survey was done of the subject site. Vegetation of the site consists largely of rocks and rocky material with scatterings of banana and citrus trees as well as the invasive guava and strawberry guava trees. 5 These alien or introduced plants can also be found in similar areas in Hilo. None of these were considered threatened or endangered by the US Fish and Wildlife Service. Thus, it can be reasonably argued that development of this area is not expected to have a significant negative impact on the botanical resources. F. Archaeological Resources As the site was and continues to be used as a residence, an archaeological inventory survey of the subject site was not performed. A letter requesting a determination of"no historic properties affected" from the Department of Land and Natural Resources will be submitted together with this application. Notwithstanding the above, during the course of improving the site, should any unanticipated archaeological features or sites be uncovered, work will cease and the applicant will immediately notify the Planning Department. G. Valued Cultural Resources The recent Hawaii State Supreme Court's"PASH" and"Ka Pa'akai 0 Ka'Aina"decisions require decision-makers to consider a project's impact to native Hawaiian gathering and fishing rights. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated traditional and customary practices of this site and the impact of this project to these resources and practices. In this situation, the subject site is not adjacent and/or proximate to the shoreline. As such, fishing and coastal access is not an issue. Furthermore, as noted in the floral and faunal analysis, there are no known rare or endangered plants or animal life. Since owning the site for over 50 years now, the applicant has not observed any native Hawaiians gathering plants within or proximate to the subject site. As such, it would appear very unlikely that the site would serve such purpose today and/or in the recent past. Nonetheless, if legitimate claims are made, the applicant will make the appropriate access accommodations. Furthermore, in the event inadvertent discoveries are made while improving the site, appropriate protocols will be taken. These include stopping work and making contacts and determining appropriate courses of action with the State Historic Preservation Division. 6 Based on the above, it does not appear that the project would have any potential adverse impacts relating to native Hawaiian cultural and historical resources and/or practices. H. Water and Coastal Resources The subject site is located over two miles from the coastline. As such, coastal impacts resulting from discharge of drainage systems from the site should not be significant. Being a non-coastal property, no coastal access will be affected. Any future dwelling will have a septic system or a system that discharges the waste into the County's sewer line. Thus, this should further reduce potential adverse groundwater or nearshore water impacts resulting from this project Noise, Air Quality, and Dust Generally, air quality is affected by regional and local climates as well as the amount and type of human activity in a given location. No large, stationery sources of air pollutants and no major industries are located within the project area. Air quality in the vicinity is most affected by emissions from natural and vehicular sources. Existing ambient noise in this area includes wind, foliage and traffic on Ainako Avenue. Although the project may slightly increase traffic in the area through the construction of an additional dwelling, it is not expected to generate significant levels of air pollutants as only discernible air quality would be associated with traffic to and from the site. The proposed development should not generate any direct air impacts. As the project itself is.not expected to generate adverse air pollutants, the only air quality impact would be associated with vehicular traffic to and from the site. While the added traffic will have an impact to the ambient air quality, the impact should not be significant. This is due in part to the higher EPA standards for vehicular air emissions and the prevailing trade winds. If there is construction of another dwelling, there may be short-term noise impacts during the construction phase. To mitigate this impact, all construction activity will be limited to daylight hours and weekdays. Contractors will be required to comply with established State Department of Health guidelines and standards relating to noise and emission controls. Given the existing ambient noise and existing urban environment, the proposed request would not have a significant noise impact to surrounding properties. J. Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there are sites or areas listed as scenic resources. The subject site is not listed as a scenic site. From Ainako Avenue, the subject site would not impede the view of Mauna Kea. Notwithstanding those circumstances, the height of any new structure would be no taller than 35 feet, the maximum allowed within the single-family residential zone. This would be less than the maximum height limit under the existing Agricultural 1-acre zoning of 45 feet. As such,while a new structure could be visible, its visual impact should not be significant, if at all. VI. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses The surrounding land uses in this area are almost exclusively residential. With the exception of the vacant property in the back or south of the subject site, there are only single-family residential uses in this area. Hence, the requested use would be compatible with that use. There is no agricultural activity on the property to the south. Given the existing and zoned conditions, the proposed expansion of the RS-15 zoned area would not be incongruous with the existing residential pattern of this area. B. Economic Impacts The requested zoning would not have any significant economic impact, as it is primarily a family project and possible subdivision. There is an existing dwelling and may be another one. The economic impact might thus not be significant. C. Agricultural Impacts As noted earlier, the site and surrounding area have not been intensively used for agriculture in the recent past. Given its soil classification of"Ea, intensive agricultural activity may be absent here. The type of agricultural activity would be more in the nature 8 of citrus and similar type of crops, which now occur on the site. The limited agricultural activity should thus continue. VII. INFRASTRUCTURE CONSIDERATIONS A. Road Access to the project site is from the County-owned and maintained Ainako Avenue. This road has a right-of-way of 50+feet with a pavement width of about 20+feet. Although there is a 60-foot wide right-of-way situated on the western portion of the site, it is not developed. Access from that area is problematic at this point. B. Water There is an existing 8-inch County water line fronting the property along Ainako Avenue. In the event a new dwelling is constructed, an additional water meter will and can be secured. C. Wastewater The existing and any future dwelling will dispose of their waste into the County sewer line fronting the subject site. D. Solid Waste Solid waste will be handled, as is currently, by the respective landowner. The wastes are being deposited into the authorized landfill site in Hilo. With the requested RS-15 zoning, the potential for uses with toxic or related chemical waste would be minimal, if at all. E. Other Government Services As this area is already part of the City of Hilo urban area, it is already being serviced. No extension of government services would be required. The nearest fire station is located along Kaumana Drive, less than 2 miles from the site. The Police Station is located at Kapiolani Street, less than 3 miles from the subject site Public school (K-12) is available at the Hilo High School Complex, approximately 2 miles from the subject site. There is a K-5 elementary school about a mile from the subject site. There are a number of County parks that are available in this area, all within 3 miles. As such, the project should not result in the extension of any 9 government services. Further, the required public facilities are located reasonably proximate to the subject site F. Other Utilities All other utilities such as telephone, cable, and electrical services are available to the site. VIII. IMPACT SIGNIFICANCE ANALYSIS A. Relationship Between Local Short-Term Uses of Environment and Maintenance and Enhancement of Long-Term Productivity If the request were denied, the short-term use of the site would probably continue to be used residentially and in very, very low level agriculture activity. The use of pesticides and herbicides to support the agricultural activity may be a nuisance to the surrounding residential properties. From a long-term productivity standpoint, then, the proposed expansion of the RS-15 zoned area would not have any impact on the environment or agricultural activity. B. Irreversible and irretrievable Commitment of Resources As the site has been relatively disturbed in the past, it is not likely that its development would result in an irreversible commitment of natural or archaeological resources. Since the soil on the parcel has been classified"E" or very poor by the Land Study Bureau, there is little potential for agricultural activity. The residential use of this area should thus not compromise any agricultural or cultural resources. Further, it is not likely that the site has any significant archaeological features. This is evidenced by the prior grading and existing residential use of the site. Again, if needed, a monitoring program can be conducted during any land disturbance activity. C. Mitigative Measures The applicant does not believe that further infrastructure improvements are needed for this rezoning. However, if required, the applicant would comply. In that event, during the construction phase, contractors will be obligated to comply with appropriate State noise and air quality standards. I0 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 are no drainage ways on the property. As such, should there be a need for land disturbance activity, any and all required grading or grubbing work will be done in conjunction with the required permits. This is to assure that the land disturbance activity of this site does not adversely affect the drainage of surrounding properties. Finally, there will be no person or businesses to be dislocated by this project. D. Alternatives to the Proposed Project 1. No Project Under the status quo alternative, the site could continue in its residential state. However, it would not address the need to provide family care to the applicant in a manner that does not burden the public from an infrastructural perspective. Further, given the dominant residential use in this area, retaining the site in the A-I a zoning may not be consistent with that land use pattern. 2. Alternative Density Under this alternative, the applicant could seek a more intensive zoning, such as RS-10. This zoning category would arguably be just as consistent with the RS-15 zoning in this area. However, such an approach could establish a zoning pattern that could affect other properties and in turn, the area's infrastructure and quality of life. 3. Evaluation of Alternatives The project's impacts to the area's social and physical infrastructure would not be significant, as there will realistically be no added density. tf required, certain mitigative measures could be taken to address any possible impacts associated by the possible addition of another dwelling on the subject property. Further, the project would be consistent with the land use objectives sought to be accomplished by the County General Plan LUPAG map and, 11 although dated, the Hilo Community Development Plan. In view of the aforementioned, it would appear that none of the alternatives would be more prudent and beneficial than the requested RS-15 alternative. IX. REGULATORY ANALYSIS A. General Plan LUPAG Map The General Plan provides for the long-range comprehensive development of the island of Hawaii. It provides direction for balanced growth in the County. The LUPAG map designates the site Low Density Urban. This designation allows the requested RS-15 zoning without a General Plan amendment. B. 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 very limited short-term economic opportunities largely through the construction of any improvements associated with the renovation or new dwelling. The project intends to be more energy conscious through the possible installation of solar energy and design features to take advantage of the sun and 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. The existing wastewater system comports to the requirements of the State Department of Health. This should be sufficient to address any potential groundwater or coastal water impacts. As the home already exists with the possibility of another new dwelling, there should not be a need for a solid waste management plan. However, if required, it could be prepared and implemented. 12 The project will also not be a noisy one, as it will be primarily residential. None of the subject area falls within a floodway. The site does not appear to have historic sites due in large measure to the prior grading activity and residential use of the site. Nonetheless, work will cease if unanticipated archaeological remains are discovered associated with the possible future construction of a new dwelling. Work will resume only after proper clearances from the State and/or County have been received. While there have been sightings of the Hawaiian crow (Ala/a) or the owl (Pueo), this area is not their primary habitat. As such, the subject project should not have any significant impacts on rare or endangered plant or animal life in this area. As the RS-15 zoning would allow a residence, the project will indirectly fulfill the objectives of the housing element by enabling individual home ownerships, while providing housing choice for those desiring to live with and support their family. The Plan also emphasizes that developments be mindful of an area's natural beauty. In this situation, because the project will not effectively change the use of the land, there should be no more visual impacts to the area. As the project site is more than 3 miles from the ocean, the usual coastal resources concern is not pronounced. There will be no interference with shoreline access. Again, because there will be no added density, there will be marginal, if at all, impact to public facilities. The wastewater system and water system already exist. Vehicular access to the site is already fully improved. Schools and other public facilities are also located proximate to the site, most of them being less than 3 miles away. Finally, in terms of the Land Use element, 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 13 • 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 county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment In view of the foregoing goals and policies, it is noted that the requested zoning would be consistent with the Low Density designation of the LUPAG map. It would also be compatible with the surrounding area. There are many residential lots in this area. Only properties to the south are not zoned residential. The soil of the site is classified "E" or very poor. While it does have some measure of agricultural potential, as evidenced by the limited banana and fruit trees on the site, the site does not have resource that is deemed to be critical from an agricultural perspective. Furthermore, this area is bounded by urban uses. C. Zoning and Subdivision The designated zoning of the site is Ag-1. Should the RS-15 zoning be approved, the requirements of the zoning and subdivision codes would be complied, including use and related development standards. D. Relationship to SMA Objectives and Policies The site is not located within the County Special Management Area (SMA). As such, no SMA Use Permit would be required. However, as the entire island falls within the State Coastal Zone Management (CZM)Area, some discussion of the request's relationship to the CZM Program follows. The site is not adjacent to the ocean. It is more than three (3) miles 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. The likelihood of this improvement having any impacts to the area's historic resources is not high. The site was previously bulldozed 14 by the landowner and/or its predecessor in interest and has been used residentially for over 50 years. In the event any archaeological features are found during any earth disturbance activity, work will stop within the affected area and appropriate clearances from the State DLNR-HPD and County Planning Department will be secured before work resumes. if needed, an archaeological monitoring program can be instituted as well during any land clearing activity. The proposed action will not involve the construction of improvements in a non-urban setting. Accordingly, the potential visual impact to the area's scenic and open space resources should be negligible, as all required improvements already exist. Relative to the Coastal Ecosystems, impacts should be negligible, if at all, as the site is located well over three (3) miles from the ocean. Notwithstanding the distance, the nature of the project— residential —and with the possible construction of another dwelling utilizing a government approved wastewater system, the potential coastal ecosystem impacts would usually not be found. The proposed action will not necessarily and/or directly result in further economic use, as the intent of this action is merely to rezone the property to better enable the applicant to renovate his dwelling and/or construct a new one,for family support. Because of its distance from the shoreline, the site should not be subject to coastal hazards. Relative to the managing development objective, this function is more applicable to the "authority"or approving agencies. However, it is noted that the request would operate and be constructed within the scope of the Zoning Code. In that regard, the project would be consistent with this policy. Finally, in terms of the public participation objective, this is generally a public agency function. This is achieved through the Marine and Coastal Zone Management Advisory Group (MACZMAG) and the public hearing process required pursuant to the Planning Commission's Rules and County Council's meetings on this application. Notices of this application will be sent by the applicant to surrounding property owners of the submittal of the application, and again, prior to the public hearing. A sign of this application will also be posted on the property. Based on the foregoing, it is concluded that the requested improvements would be consistent with the objectives, policies and 15 guidelines of the Coastal Zone Management Policies, as outlined in Chapter 205-A-23, HRS and Planning Commission Rule No. 9 relating to Special Management Area. E. Hawaii State Plan Chapter 226, Hawaii Revised Statutes, outlines the long-range goals and policies of the Hawaii State Plan. Said Plan is intended to serve as a guide for the growth and future long-range development of the State. Pursuant to said requirement, a discussion of the pertinent policies and goals and the project's relationship follows: Goals • A strong, viable economy characterized by stability, diversity, and growth that enables the fulfillment of the needs and expectations of Hawaii's present and future generations • A desired physical environment characterized by beauty, cleanliness, quiet, stable and natural systems, and uniqueness that enhances the mental and physical well-being of the people • Physical, social and economic well-being for individuals and families that nourishes a sense of community responsibility and caring of participation in family life. Discussion The proposed project would achieve these goals. Although limited, it could still provide both direct and indirect employment opportunities for current and future residents of the island; contribute to the island's overall tax base and hence, increase both State and County revenues; and complement and support other economic uses and in turn, contribute to the stability, diversity, and growth of local and regional economies. This short-term employment opportunity would come without adversely affecting the environment. There is no known wildlife or plant life listed as either endangered or threatened on the subject site. Then, too, while there are known significant archaeological features on the adjoining site, those will be preserved. Any other inadvertent finds will be addressed pursuant to the requirements of the State DLNR-HPD. 16 Impacts to the surrounding areas would also not be significantly adverse. All required infrastructures are already in place. These include the sewer and water lines and existing County road. F. State Land Use Urban Standards As the requested area covers less than fifteen (15) acres, the County can process the request. Pursuant to the Planning Commission Rule No. 13, the request must meet certain standards. These standards and their justification follow: 1. Conformity to the General Plan The project's relationship and conformity are demonstrated in sections IX A and B above_ 2. Relationship to State Land Use Urban District Standards The State Land Use Commission's Rules provide the standards for determining the Urban district boundaries (Section 15-15-18). Their relationships to this request are noted as follows: a. "City-Like" Characteristics A concentration of people, structures, streets, and rural/urban level of services characterize this area. There are residences in this area; a school less than a mile from the site; and some commercial uses about a mile from the site. b. Factors of Urban Characteristics The site is proximate to centers of trading and employment. It is within an area where there are existing and planned commercial and residential uses. It is also part of an existing residential subdivision. All of the related urban amenities and services such as school, parks, and protective services are also located less than three (3) miles from the site. As such, basic governmental and utility services are readily available to this area. This reclassification will not necessarily result in 17 providing a sufficient urban reserve area for growth, as the applicant intends to develop the property immediately. Further, the site represents more of an "in-filling"and as such, would not really be suitable for a growth reserve area. Nonetheless, its approval and development could make fringe properties more suitable for reserves. c. Natural Hazards Topographically, the site is suitable for development. It does not have slopes in excess of 20 degrees. The site has no known unstable soil condition. There is no floodway affecting the site. It is outside of the tsunami zone and is not located within the high volcanic hazard area. It is located within Zone 3, comparable to other parts of the City of Hilo. Although within the highest seismic zone (Zone 4), all improvements will be designed to meet with the prevailing building code. The applicable code is predicated on zone 4. d. Contiguous to Urban Areas The site is contiguous to urban areas on three sides (north, east, and west). e. Relationship to County Growth Plans This site does not represent the creation of a new urban concentration, as the surrounding area is already an urban-like environment. The subject site is designated on the General Plan LUPAG map for Low Density Urban uses. The requested Single-family Residential (RS-15) zone is thus consistent with the General Plan. The project is also consistent with the Hilo Community Development plan. f. "Scatterization" Impact As the site does conform to the standards described earlier, this standard really does not apply. This 18 applies to a situation where an amendment creates a potential "spot"zoning and thereby increasing the need to extend public services at considerable taxpayers' expense. In this situation, the general area is already urban in character, and the subject site is contiguous to this developing area. Its development should thus not result in the expansion or extension of government services. g. Slope of Property There is a benign slope running in a mauka/makai direction. However, the difference is less than 5 percent. The slope would not render the site undevelopable or pose an extraordinary development risk. Accordingly, the development of this site would not be violative of the "more than 20% slope" standard. 19 :} DEPARTMENT OF PUBLIC WORKS 2Wi3 lIARR 2 ; pH 7; 22 COUNTY OF HAWAII HILO, HAWAII DATE: March 21, 2013 NeagendageWit TO: BJ Leithead Todd, Planning Director FROM: efineDepartment of Public Works, Engineering Division SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APP. (SLU 13-000037) Request: Agricultural to Urban CHANGE OF ZONE APPLICATION (REZ 13-000161) Request: A-1 a to RS-15 Applicant: Nobuchika Santo Tax Map Key: 2-5-23: 015 We have reviewed the subject application forwarded by your memo dated February 21, 2013 and offer the following comments for your consideration. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500-year floodplain. The Zoning Map (Ordinance No. 187) classifies Ainako Avenue as a secondary arterial. It has an existing right-of-way width of 70 feet. To preserve its functional classification, we recommend access be limited to a single location. Based on the proposed zoning, we recommend the applicant provide improvements to the subject property's entire Ainako Avenue frontage consisting of pavement widening with paved shoulder, drainage improvements, and any required utility relocation meeting the approval of the Department of Public Works. The improvements shall be located within the future road widening setback as established by the Planning Department. install streetlights and traffic control devices as may be required by the Traffic Division, Department of Public Works. The applicant shall be responsible for the design, purchase, and installation of such devices. Questions may be referred to Kelly Gomes at ext. 8327. Planning Dept. 0 4 f 93 Exhibit County of Hawaii is an Equal Opportunity Provider and Emplorcr SidneyFuke, Planning Consultant jor 100 Pauahi Street,Suite 212•Hilo, Hawaii 96720 •Planning•Variance•Zoning Telephone:(808)969-1522•Fax:(808)969-7996 •Subdivision•Land Use Permits E-mail:sidfukeahawaiiantel.net •Environmental.Reports April 1, 2013 Ms. BJ Leithead Todd,Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo,III 96720 Dear Ms. Leithead Todd: Subject: S1,17 Amendment and Rezoning(A-la to RS-15)Applications NOBUCHIKA SANTO Punahoa 1st and 2°'',South Hilo, HI,TALK:2-5023: 01 This is in response to comments from the Department of Public Works("DPW") regarding the subject matter. As noted in the application,the applicant has no immediate plans to subdivide the property. However, if and when that occurs,the applicant would have no objection to the delineation of the future road widening setback on its property consistent with the Zoning Map. In that event, subsequent on-site structural improvements would respect the future road-widening setback. Further,in the event of a land subdivision,the applicant has no objections to limiting access to only one point at Ainako Avenue. It should also be noted that there is a possibility that access from the future road easement adjacent and to the west could also be utilized. Finally, in terms of any road improvements fronting the subject property, the applicant requests that road widening and associated improvements recommended by the DPW not be made part of a rezoning condition. Such a requirement would be excessively onerous for only an additional lot,especially since it is the applicant's belief that the existing condition is more than adequate. Instead, any off-site improvements should be required in conjunction with the subdivision process and be made consistent with the Subdivision Code,as the Code addresses on and off-site infrastructure issues. We trust that these responses adequately address comments from the DPW. If not or if there are further comments, please feel free to direct them to me. Thank you very much! aincerely, ' 1\uN Yv SIDNEY M. FUKE Planning Consultant Copy—Mr. N. Santo, dlo Ray Santo via email w1 enclosure 'E.wArRRs-- 19 49. •0p 4 DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII 4r,, Wp\\'gyp 345 KEKUANAO`A STREET, SUITE 20 • HILO, HAWAI'I 96720 TELEPHONE (808) 961-8050 • FAX (808) 961-8657 March 18, 2013 TO: Ms.BJ Leithead Todd,Director Planning Department FROM: Quirino Antonio,Jr.,Manager—Chief Engineer - "; SUBJECT: STATE LAND USE BOUNDARY AMENDMENT(SLU 13-000037) REQUEST:AGRICULTURAL TO URBAN l CHANGE OF ZONE(REZ 13-000161) REQUEST:Ala TO RS-15 -J + APPLICANT—NOBUCHIKA SANTO TAX MAP KEY 2-5-023:015 We have reviewed the subject application and have the following comments and conditions. Water can be made available to support the proposed Land Use and Change of Zone request(s). There is an existing 8-inch waterline fronting the subject parcel within Ainako Avenue that is located on the opposite side of the street. The subject parcel is currently served by an existing 5/8-inch meter,which is limited to one equivalent unit of water. An equivalent unit of water allows for an average daily usage of 400 gallons and is suitable for only one single-family dwelling. Any future additional dwellings,such as the Ohana dwelling mentioned in the application documents,would not be able to share the existing 5/8-inch meter and would have to secure additional units of water through the payment of a facilities charge and payment of the costs to install a service lateral and meter for each additional dwelling. The prevailing facilities charge for an additional unit of water,which is subject to change,is$5,500.00. The current cost to have a 1-inch service lateral and 5/8-inch meter installed when the waterline fronts the property and is across the street,as in this case,is$4,000.00. The installation cost is also subject to change. Pursuant to Rule 5 of the Department's Rules and Regulations,the Department requests that the applicant remit a water commitment deposit of$150.00 per additional water unit required for future water needs as soon as possible so that a water commitment may be formally effected. The commitment will be in writing with specific dates and conditions stated. The water commitment deposit amount can later be applied toward the facilities charge. Should there be any questions,please contact Mr.Lawrence Beck of our Water Resources and Planning Branch at 961-8070,extension 260. Sin, - - yours, Qu'.-c • tonio,Jr. P.E. Mana�- Chief Engineer LB:dfg copy— Nobuchika Santo Planning Dept. Sidney Fuke Exhibit .3 U b 4151 . . .'Water, Our Most Precious Resource. . . 1(a Wai A Kane. . . The Department of Water Supply is an Equal Opportunity provider and employer. • SidneyFuke, Planning Consultant 100 Pauahi Street,Suite 212•Hilo,Hawaii 96720 •Planning Variance•Zoning Telephone:(808)969-1522•Fax:(808)969-7996 r t$f •Subdi ion-Land Use Permits E-mail:sidfukeehawaiianteLnet •Environmental Reports NB NM 20 Pij 3: 31 March 20,2013 Ms. BJ Leithead Todd,Director Planning Department COUNTY OF HAWAT I 101 Pauahi Street Hilo,HI 96720 Dear Ms. Leithead Todd: Subject: SLID Anmendinent and Reasoning(A-la to RS-15)Applications NOBIICHfKA SANTO Panabos 1"and 2".South Hilo. HL 1MK:2-5-O23i 0ls' This is in response to comments from the Department of Water Supply("DWS") regarding the subject matter. Please be informed that in the event of the construction of a new dwelling,the applicant intends to comply with the require' meats of the DWS relative to a separate water meter and payment of the appropriate water facilities charge. At this time, the applicant has no plans to construct an additional dwelling;as such, it requests that there not be a condition mandating payment of a water commitment fee at this time. We trust that these responses adequately address comments from the DWS. If not or if there are further comments on this matter,please fed free to direct them to me. Thank you very much! Y M.FUKE Planning Consultant Copy—Mr.N. Santo, clo Ray Santo via email w/enclosure 084178 "NZY OF yq William P.Kenoi ,�„...\,..,.%,-..d'Yli + ,� tM Harry S.Kubojiri mayor :*1.4N.."'.".----,,,-,- -4-''''-'74,:. - e Police Chief r'1i OF NPY 'P '. Paul K.Ferreira 13 d a__,• !•3 -4ta i i• 00 Depot),Police Claief County of Hawaii POLICE DEPARTMENT 349 Kapiolani Street • Hilo,Hawai`i 96720-3998 (808)935-3311 • Fax(808)961-8865 March 11, 2013 TO : BJ LEIT AD TOD , I ' NNING DIRECTOR FROM : H N Y . TAVARES, '., &SSISTANT POLICE CHIEF ARE I PERATION'. SUBJECT: STATE LAND USE BOUNDARY AMENDMENT (SLU 13-000037) REQUEST: AGRICULTURAL TO URBAN CHANGE OF ZONE (REZ 13-000161) REQUEST: A-la to RS-15 APPLICANT: NOBUCHIKA SANTO TAX MAP KEY: 2-5-023:015 Staff, upon reviewing the provided documents, does not anticipate any significant impact to traffic and/or public safety concerns. Thank you for giving us the opportunity to comment. If you have any questions, please contact Captain Robert Wagner, South Hilo Patrol Commander, at 961-2214. RW:IIi 130144 SC ANN t 01,3213 Planning Dept. By• Exhibit "Hawaii County is an Equal Opportunity Provider and Employer" / �, �. ' /;,,; Dora Beck,P.E. William P.Kenoi - • � ;�� Mayor -s Acting Director Walter K.M.Lau 7T113 °5 :1:1 ................ Managing Director Count of .a 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/diir envmnni.htm MEMORANDUM Date : February 25, 2013 To : BJ LEITHEAD TODD,Planning Director From: DORA BECK,P.E.,Acting Director1 Subject: State Land Use Boundary Amendment(SLU 13-000037) Request:Agricultural to Urban Change of Zone(REZ 13-000161) Request: A-1 a to RS-15 Applicant:Nobuchika Santo TMK: 2-5-023:015 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.) (y ) No comments (!' ) Commercial operations, State and Federal agencies,religious entities and non-profit organizations may not use transfer stations for disposal. ( ) Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. ( ) Ample and equal room should be provided for rubbish and recycling. ( ) Green waste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or other suitable diversion programs. ( ) Construction and demolition waste is prohibited at all County Transfer Stations. ( ) Submit Solid Waste Management Plan in accordance with attached guidelines. ( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. ( ) Other: Planning Dept. x lilt s- - E County of Hawaii is an Equal Opportunity Provider and Employer. r os 7.4... • �� ' if• William P.Kenoi �•• . Dora Beck,P.E. Mayor Acting Director•Walter K.M.Lau r it 4: `t ►e o,M�'M�,• Managing Director County of Hawai`i DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo,Hawai i 96720 (808)961-8083 •Fax(808)961-8086 h ttp:llc-o.hawaii.hi.us(d?rectorvidir envmns htm MEMORANDUM Date : February 25,2013 To : BJ LEITHEAD TODD,Planning Director From: DORA BECK,P.E.,Acting Director it Subject: State Land Use Boundary Amendment(SLU 13-000037) Request:Agricultural to Urban Change of Zone(REZ 13-000161) Request: A-1 a to RS-15 Applicant:Nobuchika Santo TMK: 2-5-023:015 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.) ( ) No comments ()( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii 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 Hawaii 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: 3876 County of Hawai`i is an Equal Opportunity Provider and Employer. • NEIL ABERCROMBIE o - LORETTA J.FUDDY,A.C.S.W.,M.P.H. GOVERNOR ice. Director of Health 4, f�t .F G i € 9:STATE OF HAWAII " 7 DEPARTMENT OF HEALTH P.O.BOX 916 H I LO,HAWAII 96721-0916 MEMORANDUM DATE: March 1, 2013 TO: Bobby Jean Leithead Todd Planning Director, County of Hawaii iV FROM: Newton Inouye fit, District Environmental Health Program Chief SUBJECT: State Land Use Boundary Amendment(SLU 13-000037) Request: Agricultural to Urban Change of Zone (REZ 13-000161) Request: A-l a to RS-15 Applicant: Nobuchika Santo Tax Map Key: 2-5-023:015 The subject project is located within or near proximity to the County sewer system. a. All wastewater generated shall be disposed into the County sewer system. Wastewater Branch found no wastewater/environmental health concerns with regulatory implications in the submittal. SCANNED WORD: REZ13-000161.eh Planning Dept. ii., 4 ni3 Exhibit t By: 683821 ' SidneyFuke, Planning Consultant 100 Pauahi Street,Suite 212•Hilo,Hawaii 96720 ; n E,Pliutning Zoning Telephone:(808)969-1522•Fax:(808)969-7996 ?c •Land use Permits E-mail:sidfukeehawaiiantel.net •Envies Reports 113 ; tts : p' ;'u D 04 March 19, 2013 Ms. BJ Leithead Todd,Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Kilo,HI 96720 Dear Ms. Leithead Todd: Subject: SLU Aa.endaaent and Rezoning(A-la to ES-1S)Applications NOBUCIIIKA SANTO Punahoa rand 2",Soul Htie, HI,TMK:2-5-023: 01 Thank you for providing me with a copy of agency comments to date. In response to those comments,we note the following: a. State Deuartme�of Health: The existing dwelling is already hooked up to the County sewer line fronting the subject property. Any additional dwelling will be required to hook up to this line. b. County Department of Environmental Management: The Department commented on the need to connect to the sewer line and had no solid waste comments. We trust that these responses adequately address those agencies' pertinent comments. If not or if there are further comments on this matter,please feel free to direct them to me. Thank you very much! terer1);ALi SIDNEY M. FUKE Planning Consultant Copy—Mr.N. Santo,do Ray Santo via email 084141 Planning Dept. Exhibit 7 RSantoS LU.doc-4/9/13 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION NOBUCHIKA SANTO STATE LAND USE BOUNDARY AMENDMENT (SLU 13-000037) Upon careful review of the request, the Planning Director recommends that a favorable recommendation for the State Land Use Boundary Amendment from the Agricultural to the Urban district be forwarded to the County Council. This recommendation does not, however, sanction the specific plans submitted with the application as they may be subject to change given the specific code and regulatory requirements of the affected agencies. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. The favorable recommendation is based on the following findings: The approval of the reclassification from the State Land Use Agricultural to the Urban District will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules and the County General Plan. According to the Land Use Commission Rules, one of the standards for considering an area for urban reclassification states that "In determining urban growth for the next ten years, or in amending the boundary, land contiguous with existing urban areas shall be given more consideration than non-contiguous land, and particularly when indicated for future urban use on state or county general plans." The project area conforms to this standard as it is situated adjacent to existing Urban- designated lands to the north. The applicant's request to designate one acre into the Urban District reflects the infilling of Agricultural-lands within this section of Hilo currently surrounded by Urban-designated lands. More specifically, the request is simply to eliminate a split-zoned condition that exists within the property that is complicating efforts to manage the applicant's estate. The applicant requests a concurrent Change of Zone from Agricultural (A-la)to Single-Family Residential 15,000 square feet(RS-15). -1- The Urban District request would be consistent with the goals and polices of the Land Use element of the General Plan. The LUPAG Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed Urban District request conforms to the General Plan Land Use Pattern Allocation Guide(LUPAG) Map, which designates this area as Low Density Urban. Thus,the area under consideration is consistent with the urban form already established for this section of Hilo as depicted on the LUPAG Map. The project site is located in an urban-like setting adequately served by transportation, utilities, commercial establishments and other amenities. The reclassification and proposed rezoning will allow the property to be subdivided to correspond to the existing RS-15 designated portion of the site. The urban classification also conforms to the standard that the development is within reasonable proximity to centers of trading and employment and basic services such as schools, police and fire protection, transportation systems and water. The project site is located within the City of Hilo, close to existing commercial uses, and thus conforms to the Land Use Commission Rules that encourages urban development in close proximity to existing developments, services and facilities. The primary project access will be from the Ainako Avenue, a County road with an approximate right-of-way width of 70 feet. The Department of Public Works (DPW) recommends that access be limited to a single location from Ainako Avenue. The applicant notes that there is a possibility that access from the future road easement adjacent and to the west could also be utilized. The DPW provided no comments on the alternative. County water, as well as police and fire services, are located within close proximity to the project site. All essential utilities are available to the property. The project is also consistent with the Hawai`i State Plan, a guide for the long- range development of the State. The Plan identifies goals, objectives,policies and -2- priorities for the State and provides a basis for the determination of policies and allocation of limited resources. Section 226-19 (Objectives and policies for socio-cultural advancement-housing), subsection(b)(1) of the Hawai`i State Plan Chapter 226, HRS, (1996) states "it shall be the policy of this State to effectively accommodate the housing needs of Hawai`i's people". Section(b)(3)which states, "Increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style and size of housing." Thus,the proposed project is consistent with the policies outlined in the Hawai`i State Plan. Urban Districts shall include lands characterized by "city-like" concentrations of people, structures, streets, urban level of services and other related land uses. The project site is located within the City of Hilo with urban level facilities including an elementary school, hospital, church, gas station,the Kaumana Fire Station, and single-family residential uses. Properties along Ainako Avenue are primarily single-family residential uses. The property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U.S. Federal Emergency Management Agency designates the property as Zone "X" (areas outside of the 500-year flood plain) and meets the standard which states that the lands included within the urban district "... shall be those with satisfactory topography and drainage and reasonably free from the danger of floods,tsunami and unstable soil conditions and other adverse environmental effects." While the project site is situated within the State Land Use Agricultural and County's Agricultural (A-la)zoned district, it is not currently being used for active agricultural purposes. The property is Unclassified under the State of Hawaii's Agricultural Lands of Importance to the State of Hawai`i (ALISH) Map and is not in agricultural use. The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area is "E" or "Very Poor". Based on the above,the reclassification of one acre of land from the Agricultural to the Urban designation will not be detrimental to the reduction of this area from the -3- agricultural land inventory in the County of Hawai`i. Based on the above, the approval of the State Land Use Boundary Amendment from the Agricultural to the Urban District complements the State Land Use District Regulations and is supportive of the Hawai`i State Plan. The accompanying draft bill to amend the State Land Use Boundaries Map is provided for your favorable consideration. -4- �`y p�' COUNTY OF HAWAII •� • STATE OF HAWAII or sv- BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY OF HAWAI`I BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL TO THE URBAN DISTRICT AT PUNAHOA 1ST, SOUTH HILO, HAWAI`I(TMK: 2-5-023:015). BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I: SECTION 1. The State Land Use Boundaries Maps for the County of Hawai`i are amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Punahoa 1St, South Hilo, Haw rai`i, shall be Urban: Beginning at the Northwest corner of this parcel of land, the Southwest corner of Lot 6, Block 20, File Plan 427, the coordinates of said point of beginning referred to Government Survey Triangulation Station"Halai"being 3,334.38 feet South and 9,975.42 feet West and running by azimuths measured clockwise from true South: 1. 230° 07' 171.81 feet along Lot 6, Block 20, File Plan 427; 2. 320° 07' 253.53 feet along Lot 5, Block 20,File Plan 427 and along the remainder of R. P. 5707, L. C. Aw. 463 to Kuihelani no E. Kahakumakaliva; 3. 50° 07' 171.81 feet along the remainder of R.P. 5707, L.C. Aw. 463 to Kuihelani no E. Kahakumakaliva; 4. l40° 07' 253.53 feet along the remainder of R.P. 5707, L.C. Aw. 463 to Kuihelani no E. Kahakumakaliva to the point of beginning and containing an area of 1.000 Acre,more or less. All as shown on the map attached hereto,marked Exhibit "A" and by reference made a part hereof. SECTION 2. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 3. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -2- 1 •;AN URBAN URBAN URBAN URBAN �Q�� URBAN URBAN URBAN URBAN URBAN y2 URBAN URBAN URBAN TMK:(3)2-5-023:015 AGRICULTURAL TO URBAN - 1.0 ACRES AGRICULTURAL N I Feet 0 125 250 500 750 1,000 AMENDMENT TO THE STATE LAND USE BOUNDARIES MAPS AMENDING THE STATE LAND USE BOUNDARIES MAP FOR THE COUNTY OF HAWAI'I, BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL DISTRICT TO THE URBAN DISTRICT AT PUNAHOA 1ST, SOUTH HILO, HAWAI'I MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TMK:(3)2-5-023:015 DATE:FEB 25,2013 EXHIBIT "A" Nobuchiko Santo Map:13-187 RSantoREZ.doc-4/9/13 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION NOBUCHIKA SANTO CHANGE OF ZONE APPLICATION(REZ 13-000161) Upon review of the request for a Change of Zone from Agricultural 1-acre (A-1 a)to Single-Family Residential 15,000 square feet(RS-15) on approximately one acre of land against the guidelines for granting a change of zone,the Planning Director recommends that a favorable recommendation for the Change of Zone request be forwarded to the County Council. This recommendation does not, however, sanction the specific plans submitted with the application as they may be subject to change given the specific code and regulatory requirements of the affected agencies. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant requests a Change of Zone from A-1 a to RS-15 for approximately one acre of land to amend the current A-l a zoned portion of the property to correspond to the existing RS-15 portion of the site. By this action,the applicant hopes to facilitate estate planning in the future. The 1.312-acre property is split- zoned into A-la and RS- 15. The RS-15 zoned portion consists of approximately 13,585-square feet, improved with a dwelling, and is non-conforming in size. If the remaining one-acre A-l a portion of the property were to be developed with a second dwelling, a Farm Dwelling would be the only option as required by State Land Use Law. The applicant requests the change of zone for the one-acre A-l a portion of the site to construct a second dwelling in the future, should needs arise,thus necessitating the change of zone to RS-15. Currently,there are no plans to subdivide the property, although approval of this change of zone could allow a minimum of three (3) lots to be created. The applicant requests a concurrent State Land Use Boundary Amendment from Agricultural to Urban. 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 -1- through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The Change of Zone request from an A-la to RS-15 conforms to, among others,the goals, policies and standards of the General Plan Economic and Land Use Elements. The property is zoned A-la and the State Land Use designation is Agricultural. The Land Use Pattern Allocation Guide (LUPAG)Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The subject area is designated Low Density Urban. This designation allows residential, with ancillary community and public uses, and neighborhood and convenience-type commercial uses. Thus,the proposed development would be consistent with the General Plan land use designation and will be in harmony with the character of the surrounding neighborhood and result in an intensity of land utilization no higher than as permitted or as otherwise specified for the district in which this proposed development occurs. The Hilo Community Development Plan approved in 1975 identifies the property for residential and agricultural/open uses, and reflects the largely residential uses in the surrounding area. Thus,the proposed action would be consistent with the Hilo CDP. The subject property is split-zoned RS-15 and A-la. The unimproved subject area is an approximately one-acre portion of a 57,145-square foot parcel zoned A-la. The remaining portion of the parcel, approximately 13,585-square foot in size and not part of the request, is currently zoned RS-15 and improved with a single-family dwelling. Surrounding properties are zoned A-1 a(south) and RS-15 across Ainako Avenue and immediately adjacent to the property to the northwest and east. The area consists of low density residential uses. Therefore, a favorable recommendation of this change of zone request will be consistent with the existing land uses within this portion of Hilo. -2- The Federal Emergency Management Agency designates the property as Zone "X", an area determined to be outside of the 500-year flood plain. The property is unclassified by the Agricultural Lands of Importance to the State of Hawaii(ALISH) System and is not currently being used for any agricultural activities. Soils within the property and surrounding area are classified as "E" or"Very Poor" for agricultural productivity by the Land Study Bureau. Access to the property is from Ainako Avenue, a County road with an approximate right-of-way width of 70 feet. The Department of Public Works (DPW) recommends improvements to the property's entire Ainako Avenue frontage including pavement widening with paved shoulder, drainage improvements, and any required utility relocation. Conditions of approval will be included to reflect the DPW's recommendation modified to be implemented only should subdivision of the property occur. We feel that this is a reasonable application of standards given that approval of this change of zone would result in the possible construction of one additional single- family dwelling compared to that allowed by the property's current zoning designation. Furthermore, the DPW recommends that access be limited to a single location in response to the applicant's statement of the possibility that access from the future road easement adjacent to and west of the site could also be utilized. All utilities and services are available to the site. County water and all essential utilities are available to the site. A County sewerline fronts the property on Ainako Avenue. The applicant will be required to connect to the sewerline. The subject request is not contrary to Chapter 205A,Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is not located in the Special Management Area. There are no identified recreational resources, public access to the shoreline or mountain areas, designated scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the immediate project area. Thus,the proposed request and use of the property will not adversely impact those resources. Based on the above findings,the approval of the Change of Zone request from an Agricultural (A-la)to a Single Family Residential (RS-15) zoned district would result in an appropriate land use pattern that will further benefit the public. The accompanying -3- draft bill to amend Section 25-8- 33 (City of Hilo Zone Map) of Chapter 25 (Zoning Code)of the Hawaii County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -4- JMt.►fu t s k COUNTY OF HAWAII =A .".' :•.� STATE OF HAWAII if ti ,rr,.q. r•�.. rE os N'� BILL NO. ORDINANCE NO. c p[6,,,,,i 1 { i 1 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— 1 ACRE (A-1 a) TO SINGLE-FAMILY RESIDENTIAL— 15,000 SQUARE FEET (RS-15) AT PUNAHOA 1ST, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-5-023:015. 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 Punahoa 1St, South Hilo, Hawai`i, shall be Single-Family Residential— 15,000 square feet(RS-15): Beginning at the Northwest corner of this parcel of land, the Southwest corner of Lot 6, Block 20, File Plan 427, the coordinates of said point of beginning referred to Government Survey Triangulation Station"Halai"being 3,334.38 feet South and 9,975.42 feet West and running by azimuths measured clockwise from true South: 1. 230° 07' 171.81 feet along Lot 6, Block 20, File Plan 427; 2. 320° 07' 253.53 feet along Lot 5, Block 20, File Plan 427 and along the remainder of R. P. 5707, L. C. Aw. 463 to Kuihelani no E. Kahakumakaliva; 3. 50° 07' 171.81 feet along the remainder of R.P. 5707, L.C. Aw. 463 to Kuihelani no E. Kahakumakaliva; -1- 4. 140° 07' 253.53 feet along the remainder of R.P. 5707, L.C. Aw. 463 to Kuihelani no E. Kahakumakaliva to the point of beginning and containing an area of 1.000 Acre,more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 (2005 Edition), the County Council finds the following conditions are: Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (1) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -2- CSantoREZ.doc-4/8/13 NOBUCHIKA SANTO CHANGE OF ZONE APPLICATION (REZ 13-000161) CONDITIONS OF APPROVAL A. The applicant, its successor or assigns shall be responsible for complying with all stated conditions of approval. B. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within one hundred eighty(180)days from the effective date of this ordinance. C. Final Subdivision Approval for the proposed development shall be secured from the Planning Director within five(5) years from the effective date of this ordinance. D. Restrictive covenants in the deeds of all proposed lots subdivided out of the parent Parcel 15 consisting of 57,145 square feet, 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. E. Access from Ainako Avenue shall conform to Chapter 22, County Streets, of the Hawai`i County Code. F. Should subdivision of the subject property occur, he applicant shall provide improvements to the entire property frontage along Ainako Avenue, consisting of, but not limited to, grading,pavement widening with paved shoulder, drainage improvements, and any relocation of utilities, meeting with the approval of the Department of Public Works. The improvements shall be located in the future road widening setback. 1 G. All development-generated runoff shall be disposed of on-site and not be directed toward any adjacent properties. H. Wastewater generated by any new residential unit or lot(s) affected by this ordinance shall be disposed of within the County's sewer system. During construction, measures shall be taken to minimize the potential of both fugitive dust and runoff sedimentation. Such measures shall be in compliance with construction industry standards and practices utilized during construction projects of the State of Hawai`i. J. Earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control of the Hawai`i County Code. K. Should any undiscovered remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources-Historic Preservation Division(DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it finds that sufficient mitigation measures have been taken. L. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the development with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval or the issuance of a building permit for a single-family residential unit. The fair share contribution shall be for the additional lot to be created. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance,based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a maximum combined value of$13,081.99 per single family residential unit. The total amount shall be determined by 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 2 be allocated as follows: 1. $6,308.37 per single family residential unit to the County to support park and recreational improvements and facilities; 2. $304.32 per single family residential unit to the County to support police facilities; 3. $601.06 per single family residential unit to the County to support fire facilities; 4. $263.15 per single family residential unit to the County to support solid waste facilities; and 5. $5,605.09 per single family residential unit to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicant may contribute land and/or construct improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director,upon consultation with the appropriate agencies and approval of the County Council. M. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. N. The applicant shall comply with all applicable County, State and Federal laws, rules,regulations and requirements. O. 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 applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance(i.e., a condition to be performed within one year may be extended for up to one additional year). 5. If the applicant(s) should require an additional extension of time,the Planning Department shall submit the applicant's request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the property to its original or more appropriate designation. 4 „ AIS dAll‘N S1 R5-15 R5-15 11k5-15 3 .38'S 9,975.42'W "HALM”R5-15 AGRICULTURAL-ONE ACRES(A-1a) TO SINGLE-FAMILY RESIDENTIAL- 15,000 SQFT(RS-15) 1.0 ACRES TOTAL A-la N Feet 0 125 250 500 750 1,000 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - 1 ACRE (A-1 a) TO SINGLE-FAMILY RESIDENTIAL - 15,000 SOFT (RS-15), AT PUNAHOA 1ST, SOUTH HILO, HAWAII MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TM KS:(3)2-5-023:015 DATE:FEB 25,2013 EXHIBIT "A" Nobuchika Santo Mao 1332 C SantoREZproposedrev.doc NOBUCHIKA SANTO CHANGE OF ZONE APPLICATION (REZ 13-000161) REVISED PROPOSED CONDITIONS OF APPROVAL Delete existing Conditions B, C, L, and 0 in its entirety; modify existing Conditions D and F; and re-alphabetize remaining conditions • " • . . . - .. .. . - - : ! __ • _ _. - . , . . _ .] [ . - --• . - ordi e.] REVISED CONDITION B [D]B. Restrictive covenants in the deeds of all proposed lots consisting of less than 30,000 square feet to be subdivided out of the parent Parcel 15 consisting of 57,145 square feet, 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 REVISED CONDITION D [F1D. 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