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HomeMy WebLinkAboutCOM 0391.000 2012-2014 •Ot.. o.h ,' Walter K.M.Lau - �Guc Managing Director William P.Kenoi ' • ,��',�,�l'�'• Mayor =- Randall M.Kurohara irgr .•441.•_; Deputy Managing Director f OF•Np - County of Hawai`i Office of the Mayor 25 Aupuni Street,Suite 2603 • Hilo,Hawaii 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawaii 96740 (808)323-4444 • Fax(808)323-4440 August 14, 2013 c7 W 007 J Yoshimoto, Council Chair ° -Q and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 >1'1 Dear Chairman Yoshimoto and Members: w �' fl Change of Zone Application (REZ 13-000163) Applicant: Douglas and Ruth Dick Request: A-5a to FA-2a Tax Map Key: 6-4-018:087 JChange of Zone Application(REZ 13-000165) Applicant: Harold Teshima Request: A-5a to FA-2a Tax Map Key: 7-9-003:portion of 033 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 Leeward Planning Commission's letters and enclosures regarding the above-referenced applications. Sincer- •, William P. Kenoi Mayor Enclosures cc: Planning Department n Comm. No. �t _ V•," 1`` Ref. Ref. Date AUG 15 2013 County of Hawaii is an Equal Opportunity Provider and Employer. ,-VIOF N,,,,i,„ ,,, ..,,\.,,,,,,,,,,,...: .... ....__z_„...,,___..: .: .....44 NTM•41' County of Hawaii LEEWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720 Phone(808)961-8288 • Fax(808)961-8742 JuG1 . �} 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: Change of Zone Application(REZ 13-000165) Applicant: Harold Teshima Request: A-5a to FA-2a Tax Map Key: 7-9-003:portion of 033 The Leeward Planning Commission, at its duly held public hearing on July 18, 2013, recommended for your approval the proposed legislative bill for a change of zone from an Agricultural—5 acres (A-5a) to a Family Agricultural—2 acre(FA-2a) zoning district for a 2- acre portion of a larger 7.662-acre parcel. The property is located along the northeast(mauka) side of the Old Government Road (also known as Hooper Road or Hooper Villa Road), approximately 900 feet north from the intersection of Kuakini Highway and Hawai`i Belt Road, Maihi 2nd,North Kona, Hawai`i. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicant originally requested to change the zoning district from Family Agricultural-5 acre (A-5a) to Family Agricultural— 1 acre (FA-1a) for 2 acres of land in order to subdivide the property into two parcels for family, and to allow the option to subdivide the two-acre portion into two one-acre lots. Hawai`i County is an Equal Opportunity Provider and Employer The Honorable J Yoshimoto, Chairman and Members of the County Council Page 2 In response to the proposed request, the Department of Water Supply(DWS) submitted comments stating they are not in a position to support the proposed rezoning and subsequent subdivision based on the following reasons: • The subject property is currently served with two 5/8-inch meters with substandard water pressure conditions, i.e., less that than the minimum pressure of 40 pounds per square inch (psi)required for subdivisions. In other words, the existing private water system servicing the property does not meet water system standards for subdivisions in accordance with the Hawai`i County Code and Rules and Regulations of the Department of Water Supply. • Upgrading the system will require extensive water system improvements, including, but not limited to, storage reservoirs,booster pumps, and distribution pipelines. The Department of Water Supply does not foresee any upgrades to its existing water system facilities that would possibly provide the property with adequate pressure and volume meeting subdivision water system standards. Based on the Department of Water Supply comments, the Planning Director has requested, and the applicant has concurred, with changing the request from FA-la to FA- 2a, which would allow only the subdivision of two (2) lots instead of the possibility of a subdivision into three(3) lots. As the two (2) lots are currently serviced by two (2) County water meters that are connected to two (2) existing dwellings, this rezone action would only allow the subdivision of the property into two (2) lots to separate the interests of the family members. No additional dwellings will be constructed and no additional water meters would be needed for this rezoning or for the subsequent subdivision action. The subject parcel is jointly owned by various members of the Teshima family. Family members Yoshiyuki and Irene Izumi live on the mauka 5+ acre portion. The landowners wish to subdivide the property consistent with their proportional interest in the land for estate planning and real property tax purposes. Should the rezoning and subdivision be approved, the applicant would secure his 2-acre interest in land fronting Hooper Road, while the Izumis would retain the balance. 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 The Honorable J Yoshimoto, Chairman and Members of the County Council Page 3 General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The change of zone request from a Agricultural—5 acre (A-5a) to a Family Agricultural—2 acre (FA-2a) zoning district conforms to applicable goals, policies and standards of the General Plan. The FA zoning district is intended for lands within the State Land Use Agricultural District, where public services and infrastructure are appropriate to support the very low density residential needs of a rural community and where a substantial number of parcels are less than five acres in size, and where a mix of uses will not conflict with or be detrimental to existing agricultural uses in the surrounding area. The Land Use Pattern Allocation Guide(LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed request conforms to the LUPAG Map, which designates approximately half of the property as Low Density Urban and the other half as Important Agricultural Land. The portion of land to be rezoned to the FA-2a zoning district is located within the portion that is designated as Low Density Urban. Low Density Urban allows residential uses, with ancillary community and public uses, and neighborhood and convenience-type commercial uses; overall residential density may be up to six units per acre. The Land Study Bureau's Detailed Land Classification System identifies mainly as "C"or"Fair" for agricultural productivity, with a small part on the west (makai)portion of the property as "Existing Urban Development" along Hooper Road. The property is unclassified by the ALISH System. A major concern in allowing a rezoning of agricultural land that creates smaller lot sizes is that this will reduce the potential use of the land for commercial agriculture by fragmenting the land into areas too small to be farmed on a commercial scale. While a few crops can be intensively cultivated on very small acreage, usually these crops have a very limited market. Reducing the size of the lots can reduce the range of potential agricultural uses and the range of market opportunities for those crops. In this particular situation, the applicant is requesting the change in zoning in order to subdivide into two lots to legally separate the family interests in the property for family. Both of the newly created lots will still have the potential to be used for farming or agricultural purposes, such as pasture. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 4 All essential utilities and services are available to the property. Access to the property is from the Old Government Road (aka Hooper Road), which is not presently maintained by the County. From its intersection with Mamalahoa Highway to the subject property, the pavement width on Hooper Road is approximately 16 feet wide but narrows to 9 feet wide fronting the subject property and beyond. The pavement fronting the subject property is in poor condition. The right-of-way varies in width but appears on available maps to be less than 30 feet. Conditions of approval will be added requiring the applicant to provide for future road widening improvements, which includes a ten (10)-foot wide future road widening setback along the subject property's Hooper Road frontage and to conduct a location survey to show the location of existing features relative to the Hooper Road right-of-way boundary and the future road widening setback, including but not limited to pavements, walls, trees and utilities and remove any possible encroachments. As the revised request would, if approved as recommended, simply allow the subdivision of the property into 2 lots, each accommodating an existing single family dwelling with no proposal for further residences, the impact to the existing substandard roadway will remain status quo. Regarding water for this application, Section 25-2-46 (m) (Concurrency Requirements) within the Zoning Code states that a zoning amendment application shall not be granted unless: (1) the department of water supply has determined that it can meet the water requirements of the project and issue water commitments using its existing system; or(2) specific improvements to the existing public water system, or a private water system equivalent to the requirements of the department of water supply will be provided to meet the water needs of the project and conditions of zoning delay occupancy until the necessary improvements are actually constructed. As mentioned above, the Department of Water Supply has verified that the subject property is currently served with two 5/8-inch meters,but the system has substandard water pressure conditions and does not meet water system standards for subdivisions in accordance with the Hawai`i County Code and Rules and Regulations of the Department of Water Supply. For the applicant to upgrade the system to meet these standards, it will require extensive water system improvements, including, but not limited to, storage reservoirs,booster pumps, and distribution pipelines. In this particular case,the Planning Director will support a change of zone to FA-2a to allow for the property to be subdivided into two (2)parcels to separate the interests of the family members. The main reason for supporting this request is that both existing dwellings are currently serviced by DWS water meters and the approval of this change of zone will not increase the number of dwellings. It will only allow the property to be subdivided to separate the interests of the family members. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 5 Wastewater will be disposed of by individual wastewater systems meeting the requirements of the Department of Health. All other essential utilities or services are available to the property. There is no severe geological or topographical problem for the property that cannot be properly rectified or which would render the land unusable. The majority of the property is located in Zone "X", an area determined by FEMA to be located outside of the 500-year floodplain. Should this request be approved, the applicant could apply for a Second Farm Dwelling allowing for the construction of a second dwelling unit on each newly created lot. The potential to allow additional dwellings would contribute to the cumulative burden on the existing infrastructure. As such, a condition will be included to prohibit a second dwelling unit and a Condominium Property Regime (CPR) on each lot. The condition will require that restrictive covenants be included in the deeds of all the proposed lots for the subdivision prohibiting second dwelling units to preserve the residential/agricultural ambience of the area. Typically the County Council requires that applicants provide a fair share contribution to mitigate the potential regional impacts of their development on public facilities and services such as roads and parks. For Family Agricultural (FA) zoning, the County Council has historically required this contribution for lot sizes of one acre or less. A fair share contribution would thus not be required for FA-2a zoning. Additionally, if this rezoning is approved, there will not be an increase of additional dwellings as one existing dwelling will remain on each of the newly created lots. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is not situated within the Special Management Area. It is located approximately 2 miles from the nearest coastline and will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources,historic resources,public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the area. Thus, the proposed request and use of the property will not adversely impact those resources. It is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject property because the property was previously bulldozed and cleared and is currently used for farming. Presently, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of known valued cultural, The Honorable J Yoshimoto, Chairman and Members of the County Council Page 6 historical or native resources in the area. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the recent Hawai`i State Supreme Court's "PASH" and "Ka Pa'akai 0 Ka'Aina"decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: Investigation of valued resources: No formal archaeological reconnaissance survey, oral history of kamaaina accounts of the area, historical survey of documentary records, or botanical study was included in the application. The valued cultural,historical, and natural resources found in the rezoning area. The site has been and is currently being used for agricultural purposes, and has previously been cleared to construct dwellings. It is unlikely that there are any valued cultural, historical, and natural resources to be found in the rezoning area other than field or boundary rock walls. Possible adverse effect or impairment of valued resources: There is no evidence of any possible adverse effects or impairments will occur to any valued resources. Since the property was previously bulldozed and cleared in the past, it is unlikely that any archaeological or historic features exist on the property, other than field or boundary rock walls. Additionally, there is no evidence that the flora in the area are particularly desired or used for cultural practices. Feasible actions to protect native Hawaiian rights: As there is no evidence of any valued cultural, historical, and/or natural resources found on the site, there is no action to be taken. A condition of approval will be added for the protection of inadvertent finds should any remains of historic sites, such as rock walls, terraces,platforms, marine shell concentrations or human burials be encountered. The applicants shall be required to cease work in the immediate area and contact the Department of Land and Natural Resources— State Historic Preservation Division (DLNR-SHPD). Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 7 Based on the above findings, approval of the Change of Zone request from an Agricultural- 5 acre (A-5a) to a Family Agricultural- 2 acre (FA-2a) zoned district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. For your favorable consideration, an amendment to the Section 25-8-3 (North Kona Zone Map) Chapter 25 (Zoning Code) of the Hawai`i County Code) is transmitted. We are enclosing copies of the staff Background, Planning Director's Recommendation, and the Powerpoint presentation for your information. Sincerely, Brandi K. Beaudet, Vice Chairman Leeward Planning Commission Lteshima02wpc2 Enclosures cc: Mr. Sidney Fuke Mr. Harold Teshima Department of Public Works Depai tment of Water Supply Department of Land &Natural Resources-HPD William Brilhante, Esq., Corporation Counsel Planning Department- Kona BTeshimaREZl3-165.doc 07/010/13 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT HAROLD TESHIMA CHANGE OF ZONE APPLICATION (REZ 13-000165) HAROLD TESHIMA has submitted an application for a Change of Zone from a Family Agricultural—5 acres (A-5a)to a Family Agricultural—2 acre(FA-2a) zoning district for a 2-acre portion of a 7.662-acre parcel of land. The property is located along the northeast (mauka) side of the Old Government Road (also known as Hooper Road or Hooper Villa Road), approximately 900 feet north from the intersection of Kuakini Highway and Hawai`i Belt Road, Maihi 2nd,North Kona, Hawai`i, TMK: 7-9-003: Portion of 033. PROPOSED ACTION 1. Applicant's Request: The applicant is requesting to change the zoning district from Agricultural—5 acres (A-5a) to Family Agricultural—2 acre(FA-2a) for a 2-acre portion of a 7.662-acre parcel of land in order to subdivide the property into two parcels. The applicant originally requested a Change of Zone from A-5a to FA-1a,but changed the request to FA-2a after receiving the comments from the Department of Water Supply. 2. Reason for the Request: According to the applicant,the subject parcel is jointly owned by various members of the Teshima family. Family members Yoshiyuki and Irene Izumi live on the mauka 5+ acre portion. The landowners wish to subdivide the property consistent with their proportional interest in the land for estate planning and real property tax purposes. Should the rezoning and subdivision get approved,the applicant would secure his 2-acre interest in land fronting Hooper Road,while the Izumis would retain the balance. 3. Landowners: The landowners of the property are Harold Haruo Teshima Trust,Minnie Mineko Teshima Trust, Yoshiyuki Izumi Trust and Irene A. Izumi Trust, who have all authorized the submittal of this application. STATE AND COUNTY PLANS 4. State Land Use Designation: Mainly Agricultural with a small portion in Urban. 5. General Plan LUPAG Map: Low Density Urban, Important Agricultural Land 6. County Zoning: Agricultural—5 acres (A-5a). Attachment to: Comm. 391 Bill 111 7. Kona Community Development Plan: The Kona CDP, adopted by the Hawai`i County Council by Ordinance No. 08 131 on September 25,2008, identifies the property outside of the"Kona Urban Area"but within the"Rural Town TOD". 8. Special Management Area (SMA): The property is not located within the SMA and is approximately 2 miles from the nearest coastline. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 9. Subject Property: The property is 7.662 acres in size and is roughly rectangular in shape. There are currently two permitted dwellings on the subject property. One dwelling is on the makai side of the property, in which Mr. Teshima resides in, and the other dwelling is on the mauka side of the property, in which the Izumi's reside. There are also several unpermitted structures on the makai side of the property. The Department of Public Works commented that the subject property currently has outstanding violations, which shall be corrected. The applicant is in the process of resolving the unpermitted structures on the property. 10. Surrounding Zoning/Land Uses: Surrounding properties to the north, south and east are similarly zoned Agricultural—5 acre(A-5a),which consists of scattered dwellings, agricultural activity or vacant land. The property located to the west across Hooper Road is Multiple-Family Residential— 1,250 square feet per unit(RM-1.25) and is developed with a multiple residential complex. 11. Agricultural Lands of Importance to the State of Hawaii(ALISH): Unclassified. 12. Land Study Bureau's Detailed Land Classification System: Existing Urban Development and"C"or"Fair". 13. U.S.D.A. Soil Survey: Honuaulu extremely stony silty clay loam, 12 to 20 percent slopes(HVD). 14. Flood Zone: Flood Zone "X", an area outside of the 500-year flood area. 15. Flora/Fauna Resources: There were no professional flora/fauna surveys conducted of the site. The applicant does not believe that rare or endangered floral or faunal resources are likely to be found within the subject site. -2- 16. Cultural/Historic/Archaeological Resources: According to the applicant, as the site was formerly bulldozed and cleared,no commissioned archaeological survey was conducted. The Department of Land and Natural Resources-State Historic Preservation Division issued a letter dated May 29, 2013 requesting to conduct an archaeological field inspection on the project area. If undocumented significant historic properties are found and additional land altering activities are proposed as a result of the subdivision, an archaeological inventory survey(AIS)may be necessary in order to record any historic properties in the project area and determine an appropriate course of mitigation. 17. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the property. PUBLIC UTILITIES AND SERVICES 18. Access: Access to the property is from the Old Government Road(aka Hooper Road), which is not presently maintained by the County. According to the Department of Public Works, from its intersection with Mamalahoa Highway to the subject property,the pavement width is approximately 16 feet wide but narrows to 9 feet wide fronting the subject property and beyond. The pavement fronting the subject property is in poor condition. The right-of-way varies in width but appears on available maps to be less than 30 feet. The Department of Public Works is requesting that a 10-foot wide future road widening setback be required along the entire subject frontage and be dedicated to the County upon request at no cost to the County. A location survey should be required to show the location of existing features relative to the Hooper Road right of way boundary and the future road widening setback, including but not limited to pavements,walls, trees, and utilities. If required by DPW,the applicant shall, at no cost to the County, remove or assume the County or designated agent will remove the subject property owner's encroachments (if any)within the Hooper Road right-of-way and the future road widening setback area. Lastly, the applicant should be required to provide improvements for a vehicle turnout to allow for 2-way traffic along the subject property frontage of Hooper Road consisting of,but not limited to, a pavement widening to 16 feet of traveled -3- way with 2 foot minimum gravel/grass shoulders for a length of 30 feet plus 2:1 transitions, meeting with the approval of DPW. The improvement may include a driveway approach. 19. Water: According to the Department of Water Supply,the subject property is currently served with two 5/8-inch meters with substandard water pressure conditions, i.e., less that than the minimum pressure of 40 pounds per square inch(psi)required for subdivisions. In other words, the existing private water system servicing the property does not meet water system standards for subdivisions in accordance with the Hawai`i County Code and Rules and Regulations of the Department of Water Supply. Upgrading the system will require extensive water system improvements, including,but not limited to, storage reservoirs,booster pumps, and distribution pipelines. The Department does not foresee any upgrades to its existing water system facilities that would possibly provide the property with adequate pressure and volume meeting subdivision water system standards. In view of the above, the Department of Water Supply is not in a position to support the proposed rezoning and subsequent subdivision. The Fire Department also commented stating that they have concerns that the application description does not match the actual site. Multiple undocumented buildings are present on site. At this time, for the Fire Department's approval,they would require that any changes in zoning, subdivision, or otherwise,meet with the Hawai`i County Fire Code minimum requirements in Access and Water. Of primary importance would be the installation of a fire hydrant as none is currently present. 20. Wastewater: As there is no municipal sewer system in the area, wastewater will be disposed of by individual wastewater systems meeting the requirements of the Department of Health. 21. Essential Utilities and Services: All essential utilities are available to the property. AGENCY COMMENTS 22. Department of Public Works: (Planning Department Exhibit 2—June 5, 2013 Memo) -4- 23. Department of Water Supply: (Planning Department Exhibit 3—June 14, 2013 Memo) 24. Department of Environmental Management: (Planning Department Exhibit 4— May 16,2013 Memos) 25. Police Department: (Planning Department Exhibit 5—May 20,2013 Memo) 26. Fire Department: (Planning Department Exhibit 6—May 24,2013 Memo) 27. Department of Land and Natural Resources-Land Division: (Planning Department Exhibit 7—June 12, 2013 Letter) 28. Department of Land and Natural Resources-State Historic Preservation Division: (Planning Department Exhibit 8—May 29,2013 Letter 29. Department of Health: (Planning Department Exhibit 9—June 7,2013 Memo) APPLICANT'S RESPONSE LETTERS 30. The applicant has submitted several response letters to comments received and to address the unpermitted structures on the property. (Planning Department Exhibit 10—Letters dated May 28,2013,June 3,2013,June 28,2013 and July 8,2013) PUBLIC COMMENTS 31. As of this writing,the Planning Department has not received any written comments or objections from the general public or adjacent landowners on the subject application. -5- APPLICATION FOR COUNTY REZONING (A-5a to FA-la) HAROLD TESHIMA MAIM 15r, NORTH KONA, HAWAII TMK: (3) 7-9-03: 033 Par Prepared For: Harold Teshima Prepared By: Sidney M. Fuke, Planning Consultant April 2013 Planning Dept. Exhibit.__-- CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Harold Teshima APPLICANT'S SIGNATURE: 7'e z / DATE: 4- 1' -/3 ADDRESS: 75-5788 Makamae Place Kailua-Kona, HI 96740 LIST APPLICANT'S INTEREST IF NOT OWNER: Son of two of the landowners LIST PRINCIPAL(S)INCLUDING NAMES OF MAIN OFFICERS: Ceti g36- 7V9 PHONE:(Bus.) (Res.) —946-04-3-4— (Fax) LANDOWNER(S): H.Haruo Teshima; Minnie Teshima;Irene Izumi; Yoshiyuki Izumi LANDOWNER SIGNATURE(S): See attached DATE: (May be by letter) LANDOWNER(S)ADDRESS: See attached REQUEST: A-5a TO FA-la (Existing zoning) (Proposed Zoning) TAX MAP KEY: 7-9-03: 033 (portion) STREET ADDRESS OF PROPERTY: 79-7195 Hooper Road Honalo, Hawaii SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 2.0 acres AGENT: Sidney M. Fuke, Planning Consultant ADDRESS: 100 Pauahi Street, Suite 212 Hilo, HI 96720 TELEPHONE:(Bus.) 969-1522 (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Sidney Fuke COPIES: Harold Teshima To Whom It May Concern: Please be informed that as landowners of a 7.6+ acre property identified by TMK: (3) 7-9-03: 33, we hereby consent to the filing and processing of a County Rezoning application from A-5a to FA-la of approximately 2 acres of said property, as generally reflected by a proposed 2-lot subdivision map prepared by Pattison Land Surveying, dated December 21, 2005. The applicant is Harold Teshima, son of Harold and Minnie Teshima. This request is being processed by our agent, Sidney Fuke, Planning Consultant. Harold Haroo Teshima, Tr. (Date) P.O. Box 754 Kealakekua, HI 96750 t kftwA4:j(-- 16'd"s Minnie Mineko Teshima, Tr. (Date) P.O. Box 754 Kealakekua, HI 96750 11� oshiyuki . II', Tr. (D e) 79-7251 amalahoa 'ghway Kealakekua, HI 96750 ,342W0 Irene A. Izumi, T (Date) 79-7251 Mamalahoa Highway Kealakekua, HI 96750 ATTACHMENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE I If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? Yes If yes, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? All b. Into what lot sizes? 2,5ac 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? lmonth d. Do you intend to build houses on the newly created lots? no If yes, please answer the following questions: On how many of those lots? At what approximate price range? House Lot Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? N/A b. Sell or lease the land to someone who has tentative plans? N/A c . Sell or lease the land to someone who has no plans? N/A d. Keep it? N/A e. P. D. 2 5/84 f • If you intend to do either a, b, c, please elaborate on the kind of plans the other party has. Please, also , include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? Yes How? By providing land for family member,it eliminates need for a lot in the open market. 4. Are there any buildings on the subject area? Yes If so, what kind? Residence What do you intend to do with those buildings if your request is approved? Continue to reside on the lot 5. Is the subject land currently being used for any agricultural activity? yes If so, please list the kinds of products grown and on how many square feet or acres of land per product. coffee trees 6. Was your request to allow for the creation of smaller agricultural lots? No If so, did your plan include the following considerations? a. Commodity to be produced? What kinds of commodity? b. Suitability of the proposed lot-size for that commodity? C . Sufficient farm size to allow reasonable chance of success in commercial agriculture? -2- d . Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? Please state the proposed type of arrangement. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. 7. To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. • Please refer to planning and environmental report for this request. 8. Do you think that the roads leading to the subject area needs improvements? No If so, what kind? Please refer to planning and environmental report fro this request. Is the road adequate for the proposed traffic volume or load? Yes 9. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools X b. Roads X c. Sewer X d. Drainage X -3- Yes No e . Police Protection X f . Fire Protection X X 9, Recreational Facilities X h . Public. Utilities X I . Other For those checked "yes", please elaborate what type or kinds of improvements and/or assistance are needed. Signature: 2? Address: 75-5788 Makamae Place Kailua-Kona,HI 96745 Telephone: (808)936-0434 Date: March 25,2013 -4- COUNTY ENVIRONMENTAL REPORT COUNTY REZONING REQUEST (A-5a to FA-1a) HAROLD TESHIMA MAIHI 2ND, NORTH KONA, HAWAII TAX MAP KEY: (3) 7-9-03: 033 Por INTRODUCTION The applicant, Harold Teshima, is requesting a rezoning of a 2.0 acre portion of a 7.663 acre parcel from the Agriculture (A-5a) to Family- Agriculture (FA-1a) district in Maihi 2°d, North Kona, Hawai'i. The property is located mauka of the Old Government Road (also known as Hooper Road or Hooper Villa Road), approximately 300 yards north of its intersection with the southern terminus of Kuakini Highway and the Hawaii Belt Highway near the Village of Honalo. (Figures 1 and 2). If approved, the applicant and other property owners intend to subdivide the 7.663-acre parcel into two(2) lots, consisting of 2.0 acres and 5.663 acres. These areas would be consistent with the various property owners' interests in the property. The request, thus, is essentially a family partitioning action. 11. PROJECT LOCATION As noted earlier, the subject property is located on the mauka side of the Old Government Road or Hooper Road, approximately 300 yards north of the junction of the southern terminus of Kuakini Highway and the Old Mamalahoa Highway near the village of Honalo. The Kona Coffee Villa apartment and/or condominium complex is located directly makai of the subject property. The Teshima Restaurant is located on the mauka side of the Mamalahoa Highway, about 500 yards south of the subject site. (Figures 1 and 2). The entire property is somewhat trapezoidal in shape, with its narrow point abutting Hooper Road. It runs in a mauka-makai(east/west) direction. III. PROJECT DESCRIPTION A. Project Concept and Components The subject parcel is jointly owned by various members of the Teshima family. One of them (Yoshiyuki and Irene Izumi) live on the 1 .. , _ p.,..,,,...4....=-,... .7 ..".. ,-„. --...„,,,,, -,- %., • • ,.,:.--,4"-. '••••.'..F.-.'1,...."'', t. &'•-•!-Z=7.,,,,A,14.1'. t, -,•...!.. ,•-k, ',,Pi",,.„-.1 .. ?,,,., '''%., .s.,.-4r,'W-'1"4•-•Vi.'".:. -*,. U'Vt•S•c,1,',""'?4,21.:' "P' . l'...:; A--.V.Li:fg___,--v't.,$=',;-:,.•-- • , , ..,,,,,,„ ,,i"...;.;-1-„: .,... 4 . ;‘,",-,---,, --..fi,,, ,. •-, I-4c i ,....,-4--,?---,- -,„,.....t.-.. -.. ,. -'--,',-4"*,.:--;-..;.-*z-il-.4 .s. <ea La itekto .t.,.-w,..i,-,-I.4,-,---,•..-,.-;,,:.44-: '. - • • r.f*--.1?,r,t-r .-ti.e.44,-'4'34314A;-:-.7.,. 'VI 4.,A,1--a- I_ e..,o....v.A--,. :,...A-_,- ptairo_orie. 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'1 4 1 1 N , 1 b. i 1 Subject Site 6 .— k 1 4 0 !,/ Lt..* ., , t•41.' t , A 6 I At. k ,,,, ,. ----.{ b O :„..., ' 7.-A f.,;.- .•• , 1 441.•.-E.7;:f ':: A.- -.: ,Tall.....,e,:7•••ri.,7 7.i 1:7.751,*.rf'gr. i.,r. •9,-.A7•4`...7/. .9.7r Figure 2 mauka 5+ acre portion of the site_ For estate planning and real property tax purposes, the landowners wish to subdivide the property consistent with their proportional interest in the land. Should the rezoning and subdivision get approved, the applicant, Harold Teshima, would secure his 2-acre interest of land fronting Hooper Road, while the lzumis would retain the balance. The proposed division is reflected in the proposed subdivision map. (Figure 3). It should also be noted that the 7+ acre site has been generally planted with coffee and various fruit trees and farmed by the lzumis and the applicant. Thus, in addition to the estate planning and related benefits associated with having a clearly defined real estate, their respective farming areas would be more clearly identifiable. According to the applicant, at one time, there were two dwellings on the subject parcel. However, the dwelling on the 2-acre portion was destroyed by a fire in 2004 and has not been rebuilt. With the subdivision, however, the applicant would be in a position to finance the construction of his dwelling on the 2-acre site. Access to the proposed 2-acre lot would be from Hooper Road, while the 5+ acre portion would have its access via a proposed 8-to 10 foot wide paved road within a 30-foot wide access and utility easement over the 2-acre portion as generally reflected in Figure 3. The proposed easement generally conforms to the existing access. It is understood that the subdivision plan submitted herein may have to be adjusted prior to receipt of final subdivision approval to accommodate County subdivision requirements and appropriate conditions of approval_ Although the applicant's interest is 2-acres, the applicant is requesting a FA-1a zoning to allow its possible future subdivision into 1 acre within the "Urban" designated portion or to accommodate any County subdivision requirements which may reduce the area to slightly less than 2-acres. B. Project Timetable and Cost The applicant hopes to secure County rezoning approval as soon as possible and begin the subdivision process immediately thereafter. Tentatively, plans call for having the land subdivided by the middle of next year. The estimated cost of improvements for this project 2 should not be significant, as the site is already serviced with two water meters. IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The subject 2 acre area has dual designations— Urban on about 30,000 square feet at the makai end and Agriculture on the balance. Based on the size of the requested area, no State Land Use Commission action is required. The County of Hawai'i can process the rezoning request. B. County General Plan The County General Plan Land Use Pattern Allocation Guide ("LUPAG") map designates the subject 2-acre area Low Density Urban. This designation allows consideration for uses that are single-family residential in character, ancillary community and public uses and convenience type of commercial uses. The 5+ acre area designated important Agricultural on.the LUPAG map will not be affected_ For informational purposes, please note that the important Agricultural land is attributed to those lands with "better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors." The proposed family-agricultural subdivision resulting in 2 lots would be consistent with those designations. As such, no General Plan amendment would be required to effectuate this project. C. Kona Community Development Plan This plan, adopted in 2008, attempts to further define the General Plan and serves as a guide for decision-makers. The subject site appears to be situated just within the Rural Town Transit Oriented Development ("TOD") area. Thus, the requested FA- Ia zoning would be consistent with and implement this designation. (Please see Chapter !X-C more discussion on this.) 3 N fig z,r- I $ .. A iil :' N i'tO } ti c -Qb z O _ , °R Q 0x S u R. Opp ^ S § IN g (9 �� YZ a J z �-. 0 pro - zti N Wc •; � 5 h EN ,_ Oa VD QC � ti " 4 -0 .C2 1Z3 to ti o� _z i.,31—'': N 3 .. ° s (II Es--; g ks=Z m F fro 1 m •,--3cg I- _ & i Q a EE$ hypo ` sh= vows° ' i5 "g,\ .. x2S if f N giLl' 0 m ' $ 5 41 s a <2 l0 R a. d V .....\was.'zoss_kei— f.'s k- s\Ni ', \ —— . _ __ 1 - \ �� ` Fla 1111 m L..mK l^'/.l g T illila s's-,, 14i 2i 10' al ROAD 2s a Y .CA Finure 3 ow Gov � g t z E i D. County Zoning The County zoning of the subject property is Agriculture (A-5a). Although there are a few A-5a zoned properties in this vicinity, there a number of Agriculture (A-la) zonings proximate to the site. There is also a Multiple-Family (RM) zoned property immediately makai of the subject area. If approved, the site would be subdivided in a manner generally meeting with both the Zoning and Subdivision Codes. Please note, however, that should the County require road improvements and/or additional right-of-way fronting the subject property, the applicant may elect to seek some relief from them. Notwithstanding the subdivision requirements, all uses and standards consistent with the requested FA-la zone would be adhered to. E. Relationship to SMA Objectives and Policies The site is not located within the County Special Management Area (SMA). No SMA Use Permit is required. However, as the entire island falls within the Coastal Zone Management (CZM) Area, a 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 by the landowners and/or its predecessor in interest and actively being farmed. 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 involve the construction of improvements in a non-urban setting. Accordingly, there is a potential visual impact to the area's scenic and open space resources. However, the project would involve the construction of, at the most, a single-family dwelling 4 on each of the proposed lots. Further, as the site is not visible from Kuakini Highway, any visual impacts of the Hualalai Mountain would be minimal. 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—family agricultural —and the construction of only one (1) private wastewater system is such that potential coastal ecosystem impacts would usually not be found. The proposed action will result in creating the potential for agricultural farm lots in this area. This should thus provide additional opportunities for farming. In so doing, the project could aid the agricultural economy and the overall economic use of this site and the area in general. Because of its distance from the shoreline, the site should not be subject to coastal hazards. Relative to the managing development objective, this function is more applicable to the "authority"or approving agencies. However, it is noted that the request would operate and be constructed within the scope of the Zoning Code. The subject site would be zoned FA-la, and the requested use and design/parameters (parking, height, setback, etc.)would be consistent with said zoning. In that 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 become available through the posting of a sign on the property, as well as sending two (2) notices to surrounding property owners, one at the time the application is filed and again, prior to the public hearing. Based on the foregoing, it is concluded that the requested improvements would be consistent with the objectives, policies and guidelines of the Coastal Zone Management Policies, as outlined in Chapter 205-A-23, HRS and Planning Commission Rule No. 9 relating to Special Management Area. 5 F. Other Permitting Requirements As noted earlier, other permits would still be required. These would be of the "ministerial" variety, such as Subdivision Approval, possible Underground Injection Control (UIC) permit, driveway access permit, and the like. V. ENVIRONMENTAL CONSIDERATIONS A. General Description The parcel is generally trapezoidal in shape, with the smaller portion abutting Hooper Road. The 2-acre site is vacant of any structures, as the dwelling was destroyed by a fire in 2004. There are coffee and fruit trees on the property. The site is situated at about the 1,200-foot elevation level. The mean annual rainfall in this area ranges between 50 and 70 inches. The wetter months tend to occur between June through September. The mean annual temperature is about seventy-five (75)degrees Fahrenheit, with the warmer months during the summer_ Because the site is situated on the leeward side of the island, winds tend to be light and variable. Slight easterly winds occur during the day, while westerly or mountain winds are prevalent during the evenings. B. Soils and Topography The topography of the site slopes slightly in a mauka (east) to makai (west) direction. There is a gradual 10 to 15 percent slope. The Land Study Bureau Overall Master Productivity Rating for the subject site is generally"C" or fair (C53) for agricultural productivity. The "C" classification suggests that the site has fair productivity for agricultural crops. It is of the Honuaulu series, with shallow and moderately fine soil texture. The color is dark brown, and the parent material is volcanic ash. This type of soil is well drained and poorly suited for machine tillability. This type of soil is generally conducive for coffee. The State of Hawaii's Agricultural Lands Of Importance to the State of Hawaii (ALISH) maps classify this site as being "Other Agricultural Land" 6 • C. Natural Hazards 1. Drainage The US Corps of Engineers' Flood Insurance Rate Map (FIRM) designates most of the project site to be located in Zone X, areas outside the 500-year flood plain. Neither the applicant nor the landowners have observed any significant runoff or erosion in the recent past. Pursuant to County drainage requirements, appropriate drywell and/or similar means to capture runoff from the newly constructed improvements will be built, if necessary, in conjunction with the subdivision approval process. 2. Tsunami Hazard As the site is located over 3 miles from the ocean, it is located outside of the Civil Defense's Tsunami Evacuation Zone. 3. Volcanic and Earthquake Hazards The United States Geological Survey (USGS) classifies the area as Lava Flow Hazard Zone 4, on a scale of ascending risk 9 to 1. The populated area of Kailua-Kona also falls in this category, while the City of Hilo is classified Zone 3. There is very little that can be done to mitigate this situation and reflects an ongoing threat to all residents and businesses in these areas. The entire island of Hawaii falls within Earthquake Zone 4, according to the County Building Code. As such, certain structural requirements will be needed and taken during the building permit process to address this seismic hazard. D. Flora/Fauna Although there were no professional surveys conducted of the floral or faunal resources of the site, the applicant does not believe that rare or endangered floral or faunal resources are likely to be found within the subject site. 7 The site's vegetation is pretty much dominated by coffee and fruit trees. There are some understory of Christmas Berry (Schinus terebeinthifollius), pesky ivy gourd vines (Cocinia grandis), and lantana (Lantana camera). Thus, floral impacts should be minimal. The site is not known to be a habitat for any rare or endangered animal life. Given its elevation, however, it would be possible to find the Hawaiian Hawk (/'o) and the Hawaiian Owl (Pueo). Further the rural nature of the surrounding areas would make it less likely to find endangered animal life in this area. E. Historic/Cultural/Archaeological Resources As the site was formerly bulldozed and cleared, no commissioned archaeological survey of the site was made. However, if needed, an archaeological monitoring plan can be prepared and implemented in conjunction with further land clearing activity_ Furthermore, in the event any inadvertent discoveries are made during any land disturbance activity relating to this project, work will cease and the applicant will immediately notify the Planning Department and the State DLNR and secure their clearances before proceeding further. G. Valued Cultural Resources In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai 0 Ka'Aina decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated tradition and customary practices of this site. In this situation, the subject site is not adjacent and/or proximate to the shoreline. As such, gathering of marine life and coastal access is not an issue. It is not known whether the subject or immediate surrounding area was used in the recent past for the gathering of plants by native Hawaiians. Neither the applicant nor the other landowners have observed any native Hawaiians on the site or adjoining properties gathering plants. Thus, it would appear unlikely that the site would serve such purpose today. 8 In the event legitimate gathering claims are made by native Hawaiians, the applicant intends to respect and honor such claims and provide the needed access within the site. Based on the above, it does not appear that the project would have any potential adverse impact relative to the cultural and historical resources of the area. H. Water and Coastal Resources The subject site is located well over three (3) miles from the coastline. As such, coastal impacts resulting from discharge of wastewater systems from the site should not be significant Further, being a non- coastal property, no coastal access will be affected. As the site falls within the Critical Wastewater Disposal Area, septic tanks will be required for any dwelling. These will be constructed in a manner meeting with the approval of the State Department of Health. Noise, Air Quality, and Dust The Old Government Road or Hooper road will serve as the main access to this project, followed by the use of a 30-foot wide private access and utility easement to the balance of the parcel. The existing ambient traffic level in this area is quite low. As such, the corresponding noise level should be quite low. With the completion of this project, the noise level is not anticipated to increase significantly. There may, however, be short-term noise impacts associated with the construction of any required infrastructure. In that event, contractors will be required to comply with appropriate noise and related mitigation measures of the State Department of Health. The proposed development should not generate any direct air quality impacts. The only discernible air quality impact could be associated with the vehicular traffic to and from the site. While there will be an impact to the ambient air quality, the impact should not be significant, as the project will increase the density by only one additional unit. Further, with higher EPA standards for automobile air emissions, the air quality impact should thus hopefully not be significant. 9 As such, with the exception of potential construction dust in the beginning, long term dust generated by the project should be minimal. Construction dust, however, like construction noise will have to comply with the State Department of Health's regulations. J. Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there are sites or areas listed as being a scenic resource. The subject site is not listed as a scenic site. However, there were a few examples cited in the Kona area. The most notable is the backdrop of the Hualalai Mountain. The proposed subdivision and eventual construction of a farm dwelling should not have any visual impacts on this mountain and other listed scenic resources in the area_ The site is located more on the lower, south end of Hualalai Mountain, and the normal residential height should not detract from the mountain. Further, inasmuch the site is not readily visible from Kuakini Highway, the views of Hualalai should not be impaired. VI. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses The land use in this area is generally rural/agricultural in nature. There are some small family-type coffee farms on some of the surrounding properties to the immediate north and south of subject site. Those properties are zoned (under the pre 1996 Zoning Code) A-la, A-5a, and A-20a. Properties located generally makai are zoned A-la, while the site immediately makai is zone multiple-family residential. The village of Honalo is located about 500 yards to the south, where there is urban type of uses. There are some cemeteries and churches within a mile and south of the subject site. There are restaurants, gas station and other urban uses in Honalo. Given the existing and zoned conditions, the proposed development would not be incongruous with the emerging rural-agricultural pattern of this area. 10 B. Economic Impacts The requested zoning would have some measure of economic impact, as it would make a fee simple lot with agricultural potential more readily available. Although the project is directed at the landowner and applicant, it would still enable the ultimate user the opportunity to engage in some sort of agricultural activity. Further, there will be some small short-term construction activity. This could help with the area's economy. C. Agricultural Impacts As noted earlier, the site has been and continues to be used for some measure of agricultural activity. Given the surrounding agricultural uses, however, its continued potential exists. There are a few small- scale coffee farms in the general area (although not necessarily contiguous). Thus, the creation of 2 lots should not diminish the site's agricultural potential. It may actually enhance it. The site would be more manageable from a size standpoint (2+ acres versus 7+ acres). The applicant's proposal could thus help foster the agricultural objectives by making a good-sized agricultural lot available to the applicant and the remaining landowner. VII. INFRASTRUCTURAL CONSIDERATIONS A. Road Access to the project would be from the Old Government Road or Hooper Road, which has a right-of-way that varies from 20-30 feet. Beginning at its intersection with the southern terminus of Kuakini Highway and the Old Mamalahoa Highway, the pavement width is about 16 feet. The pavement narrows to about 10 feet closer to and fronting the subject the site. There already was a dwelling on the subject site that was destroyed by a fire which has not been replaced by the applicant. Further, this dwelling could be constructed and justified as an additional farm dwelling. Given that, the proposed subdivision should not generate an additional burden to the roadway system in this area. The rezoning would essentially result in a "no change" to the existing 11 environment and/or entitlement, short of creating an official lot line separating the property. B. Water There is a County water line fronting the property. There are also two water meters (Numbers 89072056 and 89072058) serving the parcel. One of those meters serve and would continue to serve the 2-acre area, while the other is for the 5-acre area with the dwelling. County water is thus available to these two lots. C. Wastewater There is no County wastewater system in this area. As noted earlier, a septic tank system meeting with the approval of the Department of Health would be allowed in this area. This will be done by the applicant when he constructs his dwelling. D. Solid Waste Solid waste will be handled through commercial haulers or the individual homeowners into authorized landfill sites or transfer stations. With the requested FA-la zoning, the potential for uses with toxic or related chemical waste would be minimal, if at all. Further, all agricultural waste will be retained and utilized on the property. E. Other Government Services As this area is already part of the North or central Kona urban area, it is already being serviced. No extension of government services would be required. The nearest fire station is located at Keauhou, less than 3 miles from the site. The Police Station is located at Kealakehe and Kealakekua, also approximately 9 miles and 3 miles, respectively, from the subject site Public school (K-12) is available at Konawaena High School and Konawaena Elementary School, approximately 2 miles south of the subject site. County parks are available in Kailua, Keauhou, Kealakekua, and Kealakehe_ 12 As such, the project should not result in the extension of any government services_ Further, the required public facilities are located reasonably proximate to the subject site. F. Other Utilities All other utilities such as telephone, cable, and electrical services are available to the site. VIII. IMPACT SIGNIFICANCE ANALYSIS A. Relationship Between Local Short-Term Uses of Environment and Maintenance and Enhancement of Long-Tenn Productivity If the request were denied, the short-term use of the area of the proposed rezoning would probably continue in less than intensive level of agriculture in the form of coffee and fruit trees. The applicant would be less able to tend to the farm as opposed to living on the property. From a long-term productivity standpoint, then, the proposed 2-lot subdivision would provide a heightened level of possibility in having the land used for more intensive agricultural activity while providing security for the farm. 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. Although the soil on the parcel has been classified"C" or far by the Land Study Bureau, there is a potential for continued small-scale agricultural activity on the site. It is reasoned that the creation of the 2-lot subdivision should help foster and not remove this land from its more intensive future agricultural potential. Further, it is not likely that the site has any significant archaeological features. This is evidenced by the prior grading of the site. Again, if needed, a monitoring program can be conducted during any land disturbance activity. 13 C. Mitigative Measures The applicant intends to make improvements generally consistent with the subdivision process. As noted earlier, however, there is a chance, depending on the subdivision requirements, that the applicant may seek some relief. In either event, if there is any construction activity, contractors will be obligated to comply with appropriate State noise and air quality standards. Should unanticipated archaeological finds be discovered in conjunction with any further development of the site, work will stop (as is required by the State and County) and clearance secured before work is resumed. There is no existing drainageway on the property. Any and all required grading or grubbing work will be done in conjunction with the required permits and/or a SCS Agricultural Plan. This is to assure that the development 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 limited coffee and fruit tree farm. The applicant and other landowners would not be able to reasonably facilitate their estate planning. Further, the applicant would find it more difficult in securing the required loan to construct his farm dwelling on the subject site. As the applicant would not be able to finance the construction of a dwelling and live on the land, there would be less security afforded the farm. The farming operation may gradually diminish, and the site may not be utilized to its fullest agricultural potential. 2. Alternative Density Under this alternative, the applicant could seek a more 14 intensive zoning, such as RA-.5a or possible RS-10 zoning, given the Urban classification of the site and adjoining RM zoning. These zoning categories would arguably be consistent with some of the surrounding zonings. Such an approach, however, may not be compatible with the policy of trying to foster more family-oriented type of agricultural activities, such as truck crops or coffee farming in this area. 3. Evaluation of Alternatives The project's impacts to the area's social and physical infrastructure would not be pronounced. Certain mitigative measures could be taken to address any possible impacts associated by the development of this project. Further, the project would be consistent with the land use objectives sought to be accomplished by the County General Plan LUPAG map and Kona 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 FA-la 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 FA-la 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 limited short-term economic opportunities largely through the construction of any improvements required for the subdivision. More importantly, however, longer-term opportunities 15 would be created largely in the form of small-scale truck crops or nursery farms. In so doing, the resultant project should add revenues to the County and State coffers. The project intends to be energy conscious through the use and/or encouragement of solar energy and design features to take advantage of 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. All wastewater systems would be consistent with the requirements of the State Department of Health. This should be sufficient to address any potential groundwater or coastal water impacts. If required, a solid waste management plan could be prepared and implemented. The project will also not be a noisy one, except as may be associated with the limited farming operations. Any noise- generating facility -such as air conditioners-would be carefully placed to minimize their noise impacts to adjoining properties. Further, it is unlikely that this site would be used as a processing plant, as it would be more economical to send products elsewhere. The project area is outside of any floodway. Nonetheless, if required, a drainage system will be designed and constructed (especially in conjunction with the subdivision approval process) in a manner to protect the property as well as to minimize the volume of surface runoff generated by this development. The site does not appear to have historic sites due in large measure to the prior grading activity on the site. Nonetheless, work will cease if unanticipated archaeological remains are discovered during the development of this project. 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 (Alala) or the owl (Pueo), this area is not their primary habitat. As such, the subject 16 project should not have any significant impacts on rare or endangered plant or animal life in this area. As the FA-la zoning would allow a residence, the project will indirectly fulfill the objectives of the housing element by creating one more lot. The Plan also emphasizes that developments be mindful of an area's natural beauty. In this situation, the project—with the protective conditions—will be used in a manner where it blends with the existing terrain. 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. Then, too, through the use of a septic system or other acceptable form of wastewater system, impacts to the coastal water will be minimized. There will be marginal impact to public facilities. The wastewater system will be private. There already are existing county water meters serving the site. Vehicular access to the site is already partially improved and accessible by emergency vehicles. 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 and Agricultural elements, the pertinent goals, policies, and standards of the General Plan note the following: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County • Protect and encourage the intensive utilization of the County's limited prime agricultural land • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, 17 compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need • The compatibility of agricultural and non-agricultural uses should be carefully reviewed and where appropriate, buffers required • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations • The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment • Agricultural land shall be used as one form of open space or green belt. In view of the foregoing goals and policies, it is noted that the requested zoning would be consistent with the Low Density Urban designation of the LUPAG map. It would also be generally compatible with the surrounding area. There are many 1-3-acre lots adjacent and makai of the subject site. There are A-la zonings makai and to the north. There is also a condominium/apartment complex zoned RM located directly across of the subject parcel. The soil of the site is classified "C" or fair by the Land Study Bureau. As such, there is and will continue to be agricultural use of the property. This request, however, should actually encourage more intensive agricultural activities on the site. This lot size would be conducive to the applicant's and other landowners' needs for a residence and family type of farm. The property has no severe topographic or geologic problems that would render the land unusable for the proposed subdivision and activity. C. Kona Community Development Plan Relative to the Kona CDP, Section 15.1 of the County General Plan called for the development and eventual County Council adoption of Community Development Plans. The General Plan states that the CDP uwill translate the broad General Plan statements to specific actions as they apply to specific geographical areas." The General 18 Plan also notes that should the CDP require a General Plan amendment, it could be considered concurrent with the adoption of the CDP. However, "If there is a direct conflict between the Community Development Plan and the General Plan, the General Plan shall be controlling." Pursuant to the above, the Kona CDP was developed and adopted by the County Council during the latter part of the year 2008. The CDP identified its vision to be "A more sustainable Kona characterized by a deep respect for the culture and the environment...." In terms of guiding urban and rural developments, one of the adopted principles called for developments in rural areas (such as the subject area) are directed to existing rural towns and villages. The subject property falls within the Rural Transit-Oriented Developments (TOD) outlined in Kona Land Use Map of the CDP. The CDP identified several principles related to this "vision." These principles and their relationship to the proposed rezoning follow. a. Protect Kona's natural resources and culture. The subject site does not have any critical natural resources, having been already developed as a farm with farm dwellings. The site is designated "X" on the Federal Emergency Management Agency's Flood Insurance Rate Map. This is areas outside of the 100-year storm. Appropriate on-site mitigation to accommodate project-generated drainage—if needed -will be addressed and implemented during the building permit and construction phases of this project. Furthermore, there are no known archaeological features or botanical resources on the subject site. b. Provide connectivity and transportation choices. The area of this proposed rezoning is not identified as any future connector road or on the concurrency map of the Kona CDP. While the balance of the site (which is not involved with this rezoning request) could eventually provide further access to mauka properties, the applicant has no control over that portion. c. Provide housing choices. With the subdivision of this site, the applicant would be able to finance and build his own home on the property. In that regard, it 19 would provide a housing choice -not necessarily for the public given that this rezoning will result in only one additional lot— it would provide a choice of some sorts for the applicant. d. Provide recreation opportunities. Again, this project is not a recreational one per se. Nevertheless, this site is not a critical resource for recreational opportunities, as it is not a coastal property nor identified in the CPD as an area necessary for future recreational purposes. e. Direct future growth patterns toward compact villages, preserving Kona's rural, diverse and historical character. The location of this site is proximate and somewhat within the fringe of Honalo, an area identified as a Rural.town. The proposed Fa-1 zoning would help foster this rural concept. As such, the proposed project would be consistent with this principle. f. Provide infrastructure and essential facilities consistent with growth. The basic infrastructure, like access and water, to support the additional lot already exits. The applicant would supplement this with the construction of its own wastewater system. g. Encourage a diverse and vibrant economy emphasizing agriculture and sustainable economies. The Land Study Bureau has classified the soil as "C" or fair. Consistent with this designation, the subject area has been planted with some coffee and fruit trees. The rezoning would enable the land to be subdivided and thus making it more feasible for the applicant to live on site and work the farm more intensively. h. Promote effective governance. This principle is not applicable. In discussing the regional land use framework for Rural areas, the CDP states that "Outside of Kona Urban Area, the character of the rural areas should prevail. ....(l)imited future growth should be 20 directed to the existing rural towns and villages in a way that revitalizes and enhances the existing rural lifestyle and culture of those communities. The subject area is located close to the rural town of Honalo. The creation of an additional lot 2 acres in size would help foster this goal. The existing farm would be retained and strengthened by the presence of the applicant being able to live on the subject site. D. Zoning and Subdivision The designated zoning of the site is Ag-5a. Should the FA-la zoning be approved, the requirements of the zoning and subdivision codes would generally be complied, including use and related development standards_ These include the incorporation of appropriate restrictive covenants relating to density, use, and design restrictions. However, depending on the subdivision requirements, the applicant may seek some relief of any infrastructural requirements_ E. State Land Use Agricultural Standards As the requested lots will be more than 1-acre, the request would not in principle violate the minimum lot size standards of the State Land Use law. All of the applicable use guidelines of said law would be adhered to. 21 • w • • • Memorandum to PD REZ 13-000165 June 5, 2013 Page 2 of 2 encroachments (if any)within the Hooper Road right-of-way and the future road widening setback area. 6. The applicant should be required to provide improvements for a vehicle turnout to allow for 2-way traffic along the subject property frontage of Hooper Road consisting of, but not limited to, a pavement widening to 16 feet of traveled way with 2 foot minimum gravel/grass shoulders for a length of 30 feet plus 2:1 transitions, meeting with the approval of DPW. The improvement length may include a driveway approach. Should there be any questions concerning this matter, please feel free to contact Kiran Emler of our Kona Engineering Division office at 323-4851. KE copy: ENG-HILO/KONA Hawaii County is an equal Opportunity Provider and Employer El Stop Work Order/Violation for Building Permit#B2005-0028K: The building permit was issued for the demolition of a dwelling,coffee structure,coffee platform,and bath house. A stop work order was issued on January 14,2008 by DPW-BLDG for two unpermitted structures and a bus that was used for a residence.DPW-BLDG will need confirmation that this issue was resolved in order to remove the stop work order and close the violation. Note: Building permits for a single family dwelling(#B2005-0709&#B2006-0301K)have been finalized. ® Submit for building, electrical,and plumbing permits as required if as-built/unpermitted structures are to remain on the property. County of Hawai'i is an Equal Opportunity Provider and Employer. 19 49$ DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII G rpfenwpklOs, 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720 , TELEPHONE (808) 961-8050 • FAX (808) 961-8657 June 14,2013 TO: Mr. Duane Kanuha, Director Planning Department FROM: Quirino Antonio,Jr.,Manager-Chief Engineer -� ca SUBJECT: CHANGE OF ZONE APPLICATION (REZ 13-000165) APPLICANT—HAROLD TESHIMA REQUEST: A-5A TO FA-1A TAX MAP KEY 7-9-003:033 We have reviewed the subject application and have the following comments and conditions. The subject property is currently served with two 5/8-inch meters with substandard water pressure conditions, i.e., less that the minimum pressure of 40 pounds per square inch (psi)required for subdivisions. In other words, the existing private water system servicing the property does not meet water system standards for subdivisions in accordance with the Hawai`i County Code and the Rules and Regulations of the Department of Water Supply. Upgrading the system will require extensive water system improvements, including,but not limited to,storage reservoirs, booster pumps, and distribution pipelines. The Department does not foresee any upgrades to its existing water system facilities that would possibly provide the property with adequate pressure and volume meeting subdivision water system standards. In view of the above,the Department is not in a position to support the proposed rezoning and subsequent subdivision. Should there be any questions,please contact Mr. Lawrence Beck of our Water Resources and Planning Branch at 961-8070,extension 260. Sinter yours, Qui -n. Antonio,Jr.,P.E. Mana11—Chief Engineer LB:dfg Planning ept• S 'ANNE Exhibit By Aggt 9 . .'Water, Our Most Precious resource . . . ka'Nai Kane. . . The Department of Water Supply is an Equal Opportunity provider and employer. x - `S'�<Y �: William P.Kenoi */, '.I- Dora Beck,P.E. Mayor ; "r £ 70! ;„ „Acting Director 8• '. , •Walter K.M.Lau �s NO!_ Managing Director (gaunt r of Aainan DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo,Hawaii 96720 (808)961-8083 •Fax(808)961-8086 http://co.hawaii.hi.usldirectory/dir envmng.htm MEMORANDUM Date : May 16,2013 To : BJ LEITHEAD TODD, Planning Director From: DORA BECK,P.E.,Acting Director Subject: Change of Zone Application(REZ 13-000165) Applicant:Harold Teshima Request: A-5a to FA-la TMK: 7-9-003:portion of 033 The Solid Waste Division has reviewed the subject application and offers the following recommendations (Please note Wastewater Division's comments will submitted separately): DEPARTMENT COMMENTS: ( ) Wastewater Division had no comment as this area is not a sewered and there are no immediate plans for sewering of the area. ( ) Other SOLID WASTE COMMENTS: (Contact Solid Waste Division for details.) ( () No comments ( ) 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: SCA NNE' Planning Dept. ., !O1S Exhibit a h County of Hawai`i is an Equal Opportunity Provider and Employer. +dos 4 Dora Beck,P.E. William P.Kenoi ,l+• + Mayor =- ^M_- Acting Director t 3 Walter K.M.Lau •' ..►+!_- - • Managing Director County of Hawai`i DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo,Hawai'i 96720 (808)961-8083 Fax(808)961-8086 http://co.hawaii.hi.us/directory/dir envmng.htm MEMORANDUM Date : May 16,2013 To : BJ LEITHEAD TODD,Planning Director From: DORA BECK,P.E.,Acting Director Subject: Change of Zone Application(REZ 13-000165) Applicant:Harold Teshima Request:A-5a to FA-la TMK: 7-9-003:portion of 033 The Wastewater Division has reviewed the subject application and offers the following recommendations (please note Solid Waste Division comments will be submitted separately): DEPARTMENT COMMENTS: WASTEWATER COMMENTS: (Contact Wastewater Division for details.) (X ) No comments ( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawai'i County Code. ( ) Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawaii County Code.Complete Sewer Extension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the 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: 085294 County of Hawaii is an Equal Opportunity Provider and Employer. �tvos�' William P.Kenr, ;; �nrT �`�r ;. Harry S.Kubojiri Mayor Police Chief 3: 148 ...ire or 0'4.--. Paul K Ferreira Deputy Police Chief County of Hawaii POLICE DEPARTMENT 349 Kapi'olani Street • Hilo,Hawaii 96720-3998 (808)935-3311 • Fax(808)961-2389 May 20, 2013 TO : BJ LE ' EAD PLANNING DIRECTOR a OF A WAI'I PLANNING DEPARTMENT mil ` FROM : • L H. EALOHA JR., ASSISTANT CHIEF, AREA II OPERATIONS SUBJECT : Change of Zone Application (REZ 13-000165) Applicant: Harold Teshima Request: A-5a to FA-la Tax Map Key: 7-9-003:portion of 033 The above-referenced application has been reviewed, and we have no comments or objections to offer at this time. Should there be any questions, please contact Captain Richard Sherlock, Commander of the Kona District, at 326-4646, ext. 299. RS:dmv RS130323 Planning Dept. , By:08 6 "Havre i County is an Equal Opportunity Provider and Employer" • William P. Kenaic� Darren J.Rosario Mayor �� %:�!/ �; FFre Chief c 4.o.N'� Renwick J.Victorino Depay Fire Chief countp. of atuat`i HAWAII FIRE DEPARTMENT 25 Aupuni Street • Room 2501• Hilo,Hawai'l 96720 May 24,2012 (808)932-2900 • Fax(808)932-2928 TO: BJ LEITHEAD TODD,PLANNING DIRECTOR FROM: DARREN J. ROSARIO,FIRE CHIEF SUBJECT: CHANGE OF ZONE APPLICATION(REZ 13-000165) APPLICANT: HAROLD TESHIMA REQUEST: A-5a to FA-la TAX MAP KEY: 7-9-003:portion of 033 In regards to the above-mentioned Change of Zone application,the Hawai'i Fire Department recommends denial of application until such time as property is compliant with Fire, and other County of Hawai'i codes. The Hawai'i Fire Department has concerns that the application description does not match the actual site. Multiple undocumented buildings are present on site. At this time,for our approval,we would require that any changes in zoning, subdivision, or otherwise,meet the Hawai'i County Fire Code minimum requirements in Access and Water. Of primary importance would be the installation of a fire hydrant as none is currently present. The following shall be in accordance: NFPA 1,UNIFORM FIRE CODE,2006 EDITION Note: NFPA 1, Hawai'i State Fire Code with County amendments. County amendments are identified with a preceding "C—" of the reference code. Chapter 18 Fire Department Access and Water Supply 18.1 General. Fire department access and water supplies shall comply with this chapter. For occupancies of an especially hazardous nature, or where special hazards exist in addition to the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, or areas where there is an inadequate fire flow, or inadequate fire hydrant spacing, and the AHJ may require additional safeguards including, but not limited to, additional fire appliance units, more than one type of appliance, or special systems suitable for the protection of the hazard involved. Planning ept. rW Exhibit SCANNE '► _- `; 31 Z013 , ` Hawaii County is an Equal Opportunity Provider and Employer. BA) 8 5 4 8 9 e 40 BJ Leithead Todd May 24,2012 Page 2 18.1.1 Plans. 18.1.1.1 Fire Apparatus Access. Plans for fire apparatus access roads shall be submitted to the fire department for review and approval prior to construction. 18.1.1.2 Fire Hydrant Systems. Plans and specifications for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction. C-18.1.1.2.1 Fire Hydrant use and Restrictions.No unauthorized person shall use or operate any Fire hydrant unless such person first secures permission or a permit from the owner or representative of the department, or company that owns or governs that water supply or system. Exception: Fire Department personnel conducting firefighting operations, hydrant testing, and/or maintenance, and the flushing and acceptance of hydrants witnessed by Fire Prevention Bureau personnel. 18.2 Fire Department Access. 18.2.1 Fire department access and fire department access roads shall be provided and maintained in accordance with Section 18.2. 18.2.2* Access to Structures or Areas. 18.2.2.1 Access Box(es). The AHJ shall have the authority to require an access box(es)to be installed in an accessible location where access to or within a structure or area is difficult because of security. 18.2.2.2 Access to Gated Subdivisions or Developments. The AHJ shall have the authority to require fire department access be provided to gated subdivisions or developments through the use of an approved device or system. 18.2.2.3 Access Maintenance. The owner or occupant of a structure or area, with required fire department access as specified in 18.2.2.1 or 18.2.2.2, shall notify the AHJ when the access is modified in a manner that could prevent fire department access. 18.2.3 Fire Department Access Roads. (*may be referred as FDAR) 18.2.3.1 Required Access. 18.2.3.1.1 Approved fire department access roads shall be provided for every facility, building, or portion of a building hereafter constructed or relocated. 18.2.3.1.2 Fire Department access roads shall consist of roadways, fire lanes, parking lots lanes, or a combination thereof. BJ Leithead Todd May 24, 2012 Page 3 18.2.3.1.3* When not more than two one- and two-family dwellings or private;garages, carports, sheds, agricultural buildings, and detached buildings or structures 400ft (37 m ) or less are present,the requirements of 18.2.3.1 through 18.2.3.2.1 shall be permitted to be modified by the AHJ. 18.2.3.1.4 When fire department access roads cannot be installed due to location on property, topography,waterways,nonnegotiable grades, or other similar conditions, the AHJ shall be authorized to require additional fire protection features. 18.2.3.2 Access to Building. 18.2.3.2.1 A fire department access road shall extend to within in 50 ft(15 m) of at least one exterior door that can be opened from the outside that provides access to the interior of the building. Exception: 1 and 2 single-family dwellings. 18.2.3.2.1.1 When buildings are protected throughout with an approved automatic sprinkler system that is installed in accordance with NFPA 13,NFPA 13D, or NFPA 13R, the distance in 18.2.3.2.1 shall be permitted to be increased to 300 feet. 18.2.3.2.2 Fire department access roads shall be provided such that any portion of the facility or any portion of an exterior wall of the first story of the building is located not more than 150 ft(46 m) from fire department access roads as measured by an approved route around the exterior of the building or facility. 18.2.3.2.2.1 When buildings are protected throughout with an approved automatic sprinkler system that is installed in accordance with NFPA 13,NFPA 13D, or NFPA 13R, the distance in 18.2.3.2.2 shall be permitted to be increased to 450 ft(137 m). 18.2.3.3 Multiple Access Roads. More than one fire department access road shall be provided when it is determined by the AHJ that access by a single road could be impaired by vehicle congestion,condition of terrain, climatic conditions, or other factors that could limit access. 18.2.3.4 Specifications. 18.2.3.4.1 Dimensions. C-j 18.2.3.4.1.1 FDAR shall have an unobstructed width of not less than 20ft with an approved turn around area if the FDAR exceeds 150 feet. Exception: FDAR for one and two family dwellings shall have an unobstructed width of not less than 15 feet, with an area of not less than 20 feet wide within 150 feet of the structure being protected. An approved turn around area shall be provided if the FDAR exceeds 250 feet. • BJ Leithead Todd May 24,2012 Page 4 C- 18.2.3.4.1.2 FDAR shall have an unobstructed vertical clearance of not less then 13ft 6 in. C-18.2.3.4.1.2.1 Vertical clearances may be increased or reduced by the AHJ,provided such increase or reduction does not impair access by the fire apparatus, and approved signs are installed and maintained indicating such approved changes. 18.2.3.4.1.2.2 Vertical clearances shall be increased when vertical clearances or widths are not adequate to accommodate fire apparatus. C- 18.2.3.4.2 Surface. Fire department access roads and bridges shall be designed and maintained to support the imposed loads (25 Tons) of the fire apparatus. Such FDAR and shall be comprised of an all-weather driving surface. 18.2.3.4.3 Turning Radius. C- 18.2.3.4.3.1 Fire department access roads shall have a minimum inside turning radius of 30 feet, and a minimum outside turning radius of 60 feet. 18.2.3.4.3.2 Turns in fire department access road shall maintain the minimum road width. 18.2.3.4.4 Dead Ends. Dead-end fire department access roads in excess of 150 ft(46 m) in length shall be provided with approved provisions for the fire apparatus to turn around. 18.2.3.4.5 Bridges. 18.2.3.4.5.1 When a bridge is required to be used as part of a fire department access road, it shall be constructed and maintained in accordance with county requirements. 18.2.3.4.5.2 The bridge shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. 18.2.3.4.5.3 Vehicle load limits shall be posted at both entrances to bridges where required by the AHJ. 18.2.3.4.6 Grade. C- 18.2.3.4.6.1 The maximum gradient of a Fire department access road shall not exceed 12 percent for unpaved surfaces and 15 percent for paved surfaces. In areas of the FDAR where a Fire apparatus would connect to a Fire hydrant or Fire Department Connection, the maximum gradient of such area(s) shall not exceed 10 percent. 18.2.3.4.6.2* The angle of approach and departure for any means of fire department access road shall not exceed 1 ft drop in 20 ft(0.3 m drop in 6 m) or the design limitations of the fire • BJ Leithead Todd May 24,2012 Page 5 apparatus of the fire department, and shall be subject to approval by the AHJ. 18.2.3.4.6.3 Fire department access roads connecting to roadways shall be provided with curb cuts extending at least 2 ft (0.61 m) beyond each edge of the fire lane. 18.2.3.4.7 Traffic Calming Devices. The design and use of traffic calming devices shall be approved the AHJ. 18.2.3.5 Marking of Fire Apparatus Access Road. 18.2.3.5.1 Where required by the AHJ, approved signs or other approved notices shall be provided and maintained to identify fire department access roads or to prohibit the obstruction thereof of both. 18.2.3.5.2 A marked fire apparatus access road shall also be known as a fire lane. 18.2.4* Obstruction and Control of Fire Department Access Road. 18.2.4.1 General. 18.2.4.1.1 The required width of a fire department access road shall not be obstructed in any manner,including by the parking of vehicles. 18.2.4.1.2 Minimum required widths and clearances established under 18.2.3.4 shall be maintained at all times. 18.2.4.1.3* Facilities and structures shall be maintained in a manner that does not impair or impede accessibility for fire department operations. 18.2.4.1.4 Entrances to fire departments access roads that have been closed with gates and barriers in accordance with 18.2.4.2.1 shall not be obstructed by parked vehicles. 18.2.4.2 Closure of Accessways. 18.2.4.2.1 The AHJ shall be authorized to require the installation and maintenance of gates or other approved barricades across roads, trails, or other accessways not including public streets, alleys, or highways. 18.2.4.2.2 Where required, gates and barricades shall be secured in an approved manner. • BJ Leithead Todd May 24, 2012 Page 6 18.2.4.2.3 Roads,trails, and other accessways that have been closed and obstructed in the manner prescribed by 18.2.4.2.1 shall not be trespassed upon or used unless authorized by the owner and the AHJ. 18.2.4.2.4 Public officers acting within their scope of duty shall be permitted to access restricted property identified in 18.2.4.2.1. 18.2.4.2.5 Locks, gates, doors, barricades, chains, enclosures, signs,tags, or seals that have been installed by the fire department or by its order or under its control shall not be removed, unlocked, destroyed, tampered with, or otherwise vandalized in any manner. 18.3 Water Supplies and Fire Hydrants 18.3.1* A water supply approved by the county, capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facilities or buildings, or portions thereof, are hereafter constructed, or moved into or within the county. When any portion of the facility or building is in excess of 150 feet (45 720 mm) from a water supply on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building,on- site fire hydrants and mains capable of supplying the required fire flow shall be provided when required by the AHJ. For on-site fire hydrant requirements see section 18.3.3. EXCEPTIONS: 1. When facilities or buildings, or portions thereof, are completely protected with an approved automatic fire sprinkler system the provisions of section 18.3.1 may be modified by the AHJ. 2. When water supply requirements cannot be installed due to topography or other conditions,the AHJ may require additional fire protection as specified in section 18.3.2 as amended in the code. 3. When there are not more than two dwellings, or two private garage,carports, sheds and agricultural. Occupancies, the requirements of section 18.3.1 may be modified by AHJ. 18.3.2* Where no adequate or reliable water distribution system exists, approved reservoirs, pressure tanks, elevated tanks, fire department tanker shuttles, or other approved systems capable of providing the required fire flow shall be permitted. 18.3.3* The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on a fire apparatus access road on the site of the premises or both, in accordance with the appropriate county water requirements. 18.3.4 Fire Hydrants and connections to other approved water supplies shall be accessible to the fire department. • BJ Leithead Todd May 24, 2012 Page 7 18.3.5 Private water supply systems shall be tested and maintained in accordance with NFPA 25 or county requirements as determined by the AHJ. 18.3.6 Where required by the AHJ, fire hydrants subject to vehicular damage shall be protected unless located within a public right of way. 18.3.7 The AHJ shall be notified whenever any fire hydrant is placed out of service or returned to service. Owners of private property required to have hydrants shall maintain hydrant records of approval, testing, and maintenance, in accordance with the respective county water requirements. Records shall be made available for review by the AHJ upon request. C- 18.3.8 Minimum water supply for buildings that do not meet the minimum County water standards: Buildings up to 2000 square feet, shall have a minimum of 3,000 gallons of water available for Firefighting. Buildings 2001- 3000 square feet, shall have a minimum of 6,000 gallons of water available for Firefighting. Buildings, 3001- 6000 square feet, shall have a minimum of 12,000 gallons of water available for Firefighting. Buildings,greater than 6000 square feet, shall meet the minimum County water and fire flow requirements. Multiple story buildings shall multiply the square feet by the amount of stories when determining the minimum water supply. Commercial buildings requiring a minimum fire flow of 2000gpm per the Department of Water standards shall double the minimum water supply reserved for firefighting. Fire Department Connections (FDC) to alternative water supplies shall comply with 18.3.8 (1)- (6) of this code. NOTE: In that water catchment systems are being used as a means of water supply for firefighting, such systems shall meet the following requirements: (1) In that a single water tank is used for both domestic and firefighting water, the water for domestic use shall not be capable of being drawn from the water reserved for firefighting; BJ Leithead Todd May 24, 2012 Page 8 (2) Minimum pipe diameter sizes from the water supply to the Fire Department Connection(FDC) shall be as follows: (a) 4"for C900 PVC pipe; (b) 4" for C906 PE pipe; (c) 3" for ductile Iron; (d) 3' for galvanized steel. (3) The Fire Department Connection (FDC) shall: (a)be made of galvanized steel; (b) have a gated valve with 2-1/2 inch,National Standard Thread male fitting and cap; (c)be located between 8 ft and 16 ft from the Fire department access. The location shall be approved by the AHJ; (d) not be located less than 24 inches, and no higher than 36 inches from finish grade, as measured from the center of the FDC orifice; (e)be secure and capable of withstanding drafting operations. Engineered stamped plans may be required; (f)not be located more than 150 feet of the most remote part, but not less than 20 feet, of the structure being protected; (g) also comply with section 13.1.3 and 18.2.3.4.6.1 of this code; (4) Commercial buildings requiring a fire flow of 2000gpm shall be provided with a second FDC. Each FDC shall be independent of each other, with each FDC being capable of flowing 500gpm by engineered design standards. The second FDC shall be located in an area approved by the AHJ with the idea of multiple Fire apparatus' conducting drafting operations at once, in mind. (5)Inspection and maintenance shall be in accordance to NFPA 25. (6)The owner or lessee of the property shall be responsible for maintaining the water level, quality, and appurtenances of the system. EXCEPTIONS TO SECTION 18.3.8: (1)Agricultural buildings, storage sheds, and shade houses with no combustible or equipment storage. (2)Buildings less than 800 square feet in size that meets the minimum Fire Department Access Road requirements. (3)For one and two family dwellings, agricultural buildings, storage sheds, and detached garages 800 to 2000 square feet in size, and meets the minimum Fire Department Access Road requirements,the distance to the Fire Department Connection may be increased to 1000 feet. (4) For one and two family dwellings, agricultural buildings, and storage sheds • BJ Leithead Todd May 24,2012 Page 9 • greater than 2000square feet,but less than 3000 square feet and meets the minimum Fire Department Access Road requirements,the distance to the Fire Department Connection may be increased to 500 feet. (5)For buildings with an approved automatic sprinkler system,the minimum water supply required may be modified. If there are any questions regarding these requirements,please contact the Fire Prevention Bureau at(808) 323-4760. r . C -F-DARREN J. ROSARIO Fire Chief KT/lc ,. I f ill 4110 { e��•N°O 'S 1 NEILABERCROHMBIE ' , s,P ♦ WILLIAM...AILA.JR. GOVERNOR OP HAWAII _ Z A CIUMIUNIN i p 't _w' i if p/ ^s tAWtor imo AND NAIIINALIMMIMChf1 ,( ,,` ZG1. j,,Cyi - } Ill / Nk1IMMILISMANNI14/1,1 I STATE OF HAWAII � DEP ARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION ! POST OH 10E BOX 621 stareofIs00 HONOLULU,HAWAII 96809 June 12,2013 County of Hawaii Planning Department Attention: Mr.Jeff Darrow via email: idarrow@co.hawaii.hi.us 101 Pauahi Street,Suite 3 Hilo,Hawaii 96720 Dear Mr.Darrow: SUBJECT: Change of Zone Application (REZ 13-000165), From A-Sa to FA-la, Harold Teshima,Applicant,TMK:(3)7-9-003:portion of 33 Thank you for the opportunity to review and comment on the subject matter. The Department of Land and Natural Resources' (DLNR) Land Division distributed or made available a copy of your report pertaining to the subject matter to DLNR Divisions for their review and comments. At this time, enclosed are comments from the (i) Engineering Division, and(ii) Hawaii District Land Office on the subject matter. Should you have any questions, please feel free to call Kevin Moore at 587-0426. Thank you. Sincerely, , -- Russell Y.Tsuji Land Administrator Enclosure(s) Planning ept. Exhibit SCANNED lo L 7 2013 ! By:-41444,1,4 I kxldl, 71 .. - NEIL ASERCROMSIE GOVERNOR OP HAWAII O L WILLIAM J.MLA,I , ~ . ,JR. ,n U MRFFDOH 4 BMW*LAND AND MURAL IlldIU Y:E! �y WATER 1091011111..E IMNAOUAUN evand and 44,6, STATE OF HAWAII 1 1►` DEPARTMENT OF LAND AND NATURAL RESOURCES —i—- LAND DIVISION �� POST OFFICE BOX 621 Afeonixtr�.A HONOLULU,HAWAII 96609 May 22,2013 gyp! MEMORANDUM y .1 i?0I'1� DLNR Agencies: _Div.of Aquatic Resources • "--�,., _Div.of Boating&Ocean Recreation -< rr• X Engineering Division '' w Div.of Forestry&Wildlife -n -n33 r, _ Div.of State Parks � zc _Commission on Water Resource Management _... �, Office of Conservation&Coastal Lands "� `'' X Land Division-Hawaii District -n ° tLF X Historic Preservation 'v FBJG1: /?.usseil Y.Tsuji,Land Administrator SUBJECT: Change of Zone Application(REZ 13-000165),From A-5a to FA-la LOCATION: TMK:(3)7-9-003:portion of 33 APPLICANT: Harold Teshima Transmitted for your review and comment is a copy of the above-icfiienced application. We would appreciate your comments on this document. Please submit any comments by June 12,2013. If no response is received by this date,we will assume your agency has no comments. If you have any questions about this request,please contact Kevin Moore at 587-0426. Thank you. Attachments ( ) We have no objections. ( ) We have no comments. (C) C• , I 1 is are : " ched. Signed: 4 / Print name `4"' alid Whew Date: 2. cc: Central Files 0 8581 411 i3Er.,'. dr,31. DEPARTMENT OF LAND AND NATURAL RESOURCES ` t3 *7'! { 7 8 ti3i g ' ENGINEERING DIVISION LD/KevinMoore REF.:Maihi ChangeZoneApplicvation Hawaii.61 1 COMMENTS (X) We confirm that the project site,according to the Flood Insurance Rate Map(FIRM), is located in Zone X. The National Flood Insurance Program does not have any regulations for developments within Zone X. () Please take note that the project site,according to the Flood Insurance Rate Map(FIRM),is located in Zone _ () Please note that-the he correct Flood Zone Designation for the project site according to the Flood Insurance Rate Map(FIRM)is _. () Please note that the project must comply with the rules and regulations of the National Flood Insurance Program(NFIP)presented in Title 44 of the Code of Federal Regulations(44CFR), whenever development within a Special Flood Hazard Area is undertaken. If there are any questions,please contact the State NFIP Coordinator,Ms.Carol Tyau-Beam,of the Department of Land and Natural Resources,Engineering Division at(808)587-0267. Please be advised that 44CFR indicates the minimum standards set forth by the NFIP. Your Community's local flood ordinance may prove to be more restrictive and thus take precedence over the minimum NFIP standards. If there are questions regarding the local flood ordinances, please contact the applicable County NFIP Coordinators below: () Mr.Mario Siu Li at(808)768-8098 or Ms.Ardis Shaw-Kim at(808)768-8296 of the City and County of Honolulu,Department of Planning and Permitting.. () Mr.Frank DeMarco at(808)961-8042 of the County of Hawaii,Department of Public Works. () Ms.Carolyn Cortez at(808)270-7813 of the County of Maui,Department of Planning. • () Ms.Maile Aiu at(808)241-4884 of the County of Kauai,Department of Public Works. () The applicant should include water demands and infrastructure required to meet project needs. Please note that projects within State lands requiring water service from the Honolulu Board of Water Supply system will be required to pay a resource development charge,in addition to Water Facilities Charges for transmission and daily storage. () he applicant should provide the water demands and calculations to the Engineering Division so it can be included in the State Water Projects Plan Update () Additional Comments:__ _ () Other: Should you have any questions,please call Ms.Suzie S. Agraan of the Planning Branch at 587-0258. Signed: 4 ' CAR .C AN or IEF ENGINEER Date: C k' f 0 85814 . , . 0 „, ...A.....,... - 'i L , tom. OOVORNOa OF HAWAII WILLIAM J.AILA,m ?-'n . MAMMON I f 4 WARM*LAIR AM/NAWRALMAIAOIAI 't J tl r i �� STATE OF HAWAII ,�`„ `DtPAB I EN3 OF LAND AND NATURAL RESOURCES = � LAND DIVISION POST OFFICE BUJ(621 ofkat° HONOLULU,HAWAII 96809 May 22,2013 MEMORANDUM TO: DLNR Agencies: _Div.of Aquatic Resources _Div.of Boating&Ocean Recreation X Engineering Division _.__Div.of Forestry&Wildlife Div.of State Parks ,Commission on Water Resource Management Office of Conservation&Coastal Lands X Land Division Hawaii District X Historic Preservation FROM: ". 1t.ussell Y.Tsuji,Land Administrator SUBJECT: Change of Zone Application(REZ 13-000165),From A-5a to FA-la LOCATION: TMK:(3)7-9-003:portion of 33 APPLICANT: Harold Teshima Transmitted for your review and comment is a copy of the above-referenced application. We would appreciate your comments on this document. Please submit any comments by June 12.2013. If no response is received by this date,we will assume your agency has no comments. If you have any questions about this request,please contact Kevin Moore at 587-0426. Thank you. Attachments ( ). We have no objections. (0.01 We have no comments. ( ) Comments are attached. Signed: Print name: 0,,47 C./";7 Date: z(-if L_i cc: Central Files 085814 II WILLIAM J.AILA,JR NEIL ABERCROMBIE ."' .`- yP 8', BOARD OF LAND AND N NW.LRESOURCES JA. GOVERNOR OF HAWAII ' r 10 S E 4. COMMISSION ON WATER RESOURCE MANAGEMENT e 1 t 1:31; ) ESTHE DEPUTY NA end and tit-°� k'.4.vw #...�^t .. o I E Z WILLIAM M.TAM ,1. 1 ) DEPUTY DIRECTOR-WATER � r AQUATIC OCEAN�' '!IIIt •,� �"'.....w.•^� BOATING AND OCEAN RECREATION :.'.1. 2 y--v�,��• BUREAU OF CONVEYANCES COMMISSION ON WATER RESOURCE MANAGEMENT CONSERVATION AND COASTAL LANDS STATE OF HAWAII CONSERVATION ENGINEERING G ENFORCEMENT FORESTRY AND WILDLIFE sr. a DEPARTMENT OF LAND AND NATURAL RESOURCES HISTORIC PRESERVATION ItT OfN KAHOOLAWE ISLAND RESERVE COMMISSION STATE HISTORIC PRESERVATION DIVISION LAND 601 KAMOKILA BOULEVARD,ROOM 555 STATE PARKS KAPOLEI,HAWAII 96707 May 29,2013 Bobby Jean Leithead-Todd,Planning Director LOG NO:2013.3328 County of Hawai'i Planning Department DOC NO: 1205MV30 101 Pauahi Street,Suite 3 Archaeology Hilo,Hawai'i 96720-4224 Dear Ms.Leithead-Todd: SUBJECT: Chapter 6E-42 Historic Preservation Review— County of Hawaii Change of Zone Application(REZ 13-000165)for Harold Teshima Maihi 2 Ahupua`a,North Kona District,Island of Hawaii TMK: (3)7-9-003:033(Portion) Thank you for the opportunity to review this request that was received by our office on May 15,2013.According to the application 2.0 acres of the subject parcel will be rezoned from Agriculture(A-5a)to Family Agriculture(FA- 1 a)and subsequently subdivided for estate purposes. SHPD recently reviewed this application as part of a request for a letter of determination submitted by Mr. Sidney Fuke(LOG NO:2013.2936,DOC NO: 1305MV11). A review of our records indicates that there has been no archaeological inventory survey(AIS)completed for this parcel. As a result,it is unknown weather historic properties exist in the area of potential effects of this project. Therefore,SHPD requests the opportunity to conduct an archaeological field inspection on the project area. If undocumented significant historic properties are found and additional land altering activities are proposed as a result of this subdivision,an archeological inventory survey(AIS)may be necessary in order to record any historic properties in the project area and determine an appropriate course of mitigation. Please contact Mike Vitousek at(808)652-1510 or Michael.VitousekCu;hawaii.gov for any questions or concerns regarding this letter. Aloha, Michael Vitousek, Lead Archaeologist Hawaii Island Section Historic Preservation Division CC: Sid Fuke sidfuke(i hawaiiantel.net SCANNED t JU 13 Plannin 9 grpt. �': �� �� Exhibit, NEIL ABERCROMBIE o L• TTA J.FUDDY,A.C.S.W.,M.P.H. GOVERNOR � 06 � Director of Health oatie•ev' STATE OF HAWAII DEPARTMENT OF HEALTH P.O.BOX 916 HILO,HAWAII 96721-0916 MEMORANDUM DATE: June 7, 2013 TO: Duane Kanuha Planning Director, County of Hawaii FROM: Newton Inouye 4-- District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 13-000165) Applicant: Harold Teshima Request: A-5a to FA-la Tax Map Key: 7-9-003:portion of 033 The Department of Health (DOH), Clean Water Branch (CWB), acknowledges receipt of the subject document on May 14, 2013. The CWB has reviewed the limited information contained in the subject document and offers the following comments: 1. The Army Corps of Engineers should be contacted at(808)438-9258 for this project. Pursuant to Federal Water Pollution Control Act (commonly known as the"Clean Water Act" (CWA)), Paragraph 401(a)(1), a Section 401 Water Quality Certification (WQC) is required for"[a]ny applicant for Federal license or permit to conduct any activity including, but not limited to,the construction or operation of facilities, which may result in any discharge into the navigable waters...". The term "discharge"is defined in CWA, Subsections 502(16), 502(12), and 502(6); Title 40, Code of Federal Regulations, Section 122.2, and Hawaii Administrative Rules (HAR), Chapter 11-54. 2. In accordance with HAR, Sections 11-55-04 and 11-55-34.05, the Director of Health may require the submittal of an individual permit application or a Notice of Intent (NOI) for general permit coverage authorized under the National Pollutant Discharge Elimination System (NPDES). a. An application for an NPDES individual permit is to be submitted at least 180 days before the commencement of the respective activities. The NPDES application forms may also be picked up at our office or downloaded from our website at: [SCANN1 Planning ept. Exhibit, By: -53 437 BJ Leithead Todd June 7, 2013 Page 2 of 4 http://www.hawaii.gov/health/environmental/water/cleanwater/forms/indi v-index.html. b. An NOI to be covered by an NPDES general permit is to be submitted at least 30 days before the commencement of the respective activity. A separate NOI is needed for coverage under each NPDES general permit. The NOI forms may be picked up at our office or downloaded from our website at: http://www.hawaii.gov/health/environmental/water/cleanwater/forms/genl -index.html. i. Storm water associated with industrial activities, as defined in Title 40, Code of Federal Regulations, Sections 122.26(b)(14)(i) through 122.26(b)(14)(ix) and 122.26(b)(14)(xi). [HAR, Chapter 11-55, Appendix B] ii. Construction activities, including clearing, grading, and excavation, that result in the disturbance of equal to or greater than one (1) acre of total land area. The total land area includes a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under a larger common plan of development or sale. An NPDES permit is required before the commencement of the construction activities. [HAR, Chapter 11-55, Appendix C] iii. Discharges of treated effluent from leaking underground storage tank remedial activities. [HAR, Chapter 11-55, Appendix D] iv. Discharges of once through cooling water less than one (1) million gallons per day. [HAR, Chapter 11-55,Appendix E] v. Discharges of hydrotesting water. [HAR, Chapter 11-55, Appendix F] vi. Discharges of construction dewatering effluent. [HAR, Chapter 11-55, Appendix G] vii. Discharges of treated effluent from petroleum bulk stations and terminals. [HAR, Chapter 11-55, Appendix H] viii. Discharges of treated effluent from well drilling activities. [HAR, Chapter 11-55, Appendix I] ix. Discharges of treated effluent from recycled water distribution systems. [HAR, Chapter 11-55, Appendix J] x. Discharges of storm water from a small municipal separate storm sewer system. [HAR, Chapter 11-55, Appendix K] BJ Leithead Todd • June 7, 2013 Page 3 of 4 xi. Discharges of circulation water from decorative ponds or tanks. [HAR, Chapter 11-55, Appendix L] 3. In accordance with HAR, Section 11-55-38, the applicant for an NPDES permit is required to either submit a copy of the new NOI or NPDES permit application to the State Department of Land and Natural Resources, State Historic Preservation Division (SHPD), or demonstrate to the satisfaction of the DOH that the project, activity, or site covered by the NOI or application has been or is being reviewed by SHPD. If applicable, please submit a copy of the request for review by SHPD or SHPD's determination letter for the project. 4. Any discharges related to project construction or operation activities, with or without a Section 401 WQC or NPDES permit coverage, shall comply with the applicable State Water Quality Standards as specified in HAR, Chapter 11-54. Hawaii Revised Statutes, Subsection 342D-50(a) requires that "[n]o person, including any public body, shall discharge any water pollutants into state waters, or cause or allow any water pollutant to enter state waters except in compliance with this chapter, rules adopted pursuant to this chapter, or a permit or variance issued by the director." If you have any questions,please contact Mr. Alec Wong, Supervisor of the Engineering Section, CWB, at (808) 586-4309. We recommend that you review all of the Standard Comments on our website: http://hawaii.gov/health/environmental/env-planning/landuse/landuse.html. Any comments specifically applicable to this project should be adhered to. We recommend that you review all of the Standard Comments on our website: http://hawaii.gov/healthlenviromnental/env-planning/landuse/landuse.html. Any comments specifically applicable to this project should be adhered to. The same website also features a Healthy Community Design Smart Growth Checklist (Checklist)created by Built Environment Working Group (BEWG) of the Hawaii State Department of Health. The BEWG recommends that state and county planning departments, developers, planners, engineers and other interested parties apply the healthy built environment principles in the Checklist whenever they plan or review new developments or redevelopments projects. We also ask you to share this list with others to increase community awareness on healthy community design. WORD:REZ 13-000165.ni • SidneyFuke, Plani,,,ig Consultant 100 Pauahi Street, Suite 212•Hilo, Hawaii 96720 G);,t.`"�' r I •Planning•Variance•Zoning Telephone:(808)969-1522•Fax:(808)969-7996 •Subdivision•Land Use Permits E-mail:sidfuke @hawaiiantel.net •Environmental Reports `- ', i' S� > •. May 28, 2013 Ms. BJ Leithead Todd,Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Ms. Leithead Todd: Subject: Non-Permitted Structures and Sign-Rezoning Application Applicant: Harold Teshima TMK: 7-9-003: 033 portion (REZ 13-000165) Pursuant to the sign posting requirement, please find enclosed an affidavit and picture of the applicable sign posted relating to the subject application. We trust that this satisfies the sign component of the subject application. Furthermore, as noted in an email, dated May 18, 2013,to Mr. Jeff Darrow of your staff, I discussed the matter of the description and use of the various structures on the subject property. The applicant,Mr. Teshima, informed me that in addition to the main dwelling (which was built after the existing one was burned down in 2004),there are four other non- permitted structures that have been converted into residences. The non-permitted converted residential structures include a bus with some modification, two sheds, and a"Costco"type of structure. There is also another"Costco" type structure that is being used for storage. I informed the applicant that a)an inspection will be conducted by the Planning and Building departments and that he will probably be cited for zoning and building violations, violations that must be cured; and b) that even if the zoning were approved, he would be allowed only ONE dwelling on the property. He understands that and told me that he will take action to cure the violations upon receipt of official word by your and/or the building departments. I also informed him that he will probably have to have his tenants move out, and if so, he wanted to give them about a month or two notice. Should there be questions or agency comments relating to this matter, please feel free to contact me. Thank you very much. Sincerely, ,)(\4,11\) SIDNEY M. FUKE SCANNED Planning Consultant. Z1113 Enclosure By:0 8 5 4 5 0 Copy—Harold Teshima w/o enclosure via email Planning Dept. Exhibit /0 SidneyFuke, Plan Consultant 100 Pauahi Street,Suite 212•Hilo, Hawaii 96720 *` � T •Planning•Variance•Zoning Telephone:(808)969-1522•Fax (808)969-7996 r •Subdivision•Land Use Permits E-mail:sidfuke @hawaiiantel.net •Environmental Reports i €t 2: 5 I May 28, 2013 Ms. BJ Leithead Todd, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Ms. Leithead Todd: Subject: Rezoning Application Applicant: Harold Teshima TMK: 7-9-003: 033 portion (REZ 13-000165) Thank you for providing me with agency comments to date regarding the subject matter. In that regard,we note that the Department of Environmental Management and Police Department had no comments or objections to the request. Relative to the comments of the State Historic Preservation Division, the applicant has indicated that the affected area has been cleared and used residentially and for farming purposes in the recent past. Notwithstanding that representation however,by an email copy of this letter, I am requesting that Mr. Michael Vitousek contact the applicant directly to coordinate an on-site inspection, if deemed necessary. Mr. Teshima can be contacted either by phone (936-4778)or email (cherylpulhamrit),yahoo.com). Should there be questions or agency comments relating to this matter,please feel free to direct them to me. Thank you very much. incerely, SIDNEY M. FUKE Planning Consultant Enclosure Copy—Mr. Michael Vitousek via email Mr. Harold Teshima via email SCANNED +hit' Z013 : 085483 SidneyFuke, Plan Consultant 0 100 Pauahi Street,Suite 212•Hilo, Hawaii 96720 F # a+ rj a r a t"° ••Planning•Variance•Zoning Telephone:(808)969-1522•Fax (808)969-7996 •Subdivision•Land Use Permits r; •Environmental Reports E-mail:sidfuke@hawaiiantel.net 'T`' ,'` ' -6 P. t 7: 46 June 3, 2013 Mr. Duane Kanuha,Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Kanuha: Subject: Rezoning Application Applicant: Harold Teshima TMK: 7-9-003: 033 portion (REZ 13-000165) Thank you for providing me with a copy of the Fire Department's comments on the subject matter. The Department's concerns regarding the non-permitted structures and fire implications are understandable and duly noted. In that regard and as noted in my May 28, 2013 letter to your office, the applicant intends to have this matter resolved. Should the rezoning be approved,there will be only one or possibly two single family dwellings on the subject site. The land area would enable the land to be further subdivided. In that event, each of the resultant lot will still have only one dwelling that,and, according to the applicant,they will be fully compliant with building, fire,and related construction codes. It is my understanding that your zoning inspector and the building inspector from the Kona office will be conducting their own investigation. The applicant intends to comply with the outcome of this investigation. Should there be questions or agency comments relating to this matter,please feel free to direct them to me. Thank you very much. Sincerely, S NEY M. UKE Planning Consultant Copy—Mr. Harold Teshima via email SCANNED JUN 0 6 21113 BR564O • *A SidneyFuke, Pia g Consultant 100 Pauahi Street,Suite 212• Hilo, Hawaii 96720 t}L AA f t` T'.-i+ DEPARTMENT •Planning•Variance•Zoning + '> i •Subdivision•Land Use Permits Telephone:(808)969-1522•Fax (808)969-7996 ,.. �� E-mail:sidfuke@hawaiiantel.net •Environmental Reports 2013 JUN 28 AN 9: 47 June 28, 2013 Mr. Duane Kanuha,Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo,HI 96720 Dear Mr. Kanuha: Subject: Rezoning Application Applicant: Harold Teshima TMK: 7-9-003: 033 portion (REZ 13-000165) Thank you for providing me with a copy of additional agency comments to date on the subject matter. In response to these comments,we note as follows: State Department of Health: It is unlikely that an NPDES and related permits noted in the comment letter may not be necessary,as no construction work is anticipated for the proposed rezoning and subsequent 2-lot subdivision. However,if any permit is required, it will be addressed and implemented in conjunction with the subdivision approval process. Department of Public Works—Building Division: The applicant is aware of the outstanding violations associated with several of the non-permitted structures on the property. The applicant intends to cure these violations in accordance with the schedule outlined by the Building Division and,in any event,no later than receipt of final subdivision approval of the proposed 2-lot subdivision. Further, as noted in my earlier Ietter to you,the applicant intends to terminate the residential use of the various non-permitted structures on the property. Hopefully,that should occur within the next month or two,which would provide adequate notice to the current occupants. Department of Public Works—Engineering Division: Given that there already are two legal dwellings on the subject property and the intent of this rezoning is intended to create separate lots of record to accommodate each of these dwellings,there should be no additional density. As such,the applicant respectfully requests relief from the imposition of any road improvement requirement. However,the applicant would have no objection to the setting aside of a 10-foot wide future road widening setback and dedicating it to the County at no cost,upon request. This, including the survey work to establish location of the walls and associated improvements, can and will be done in conjunction with the subdivision process, as surveyed maps are required. At that time, any encroachment within the right-of- way will be removed prior to receipt of final subdivision approval. SCANNED 6Veddk i Mr. Duane Kanuha,Director June 28,2013 Page 2 We trust that the above adequately responded to the agency comments. If not or if there are additional comments on this matter, please feel free to direct them to me. Again. thank you very much. Sincerely, (\0\PX\?\L SIDNEY M. FUKE Planning Consultant Copy—Mr. Harold Teshima via email SidneyFuke, Planning Consultant 100 Pauahi Street,Suite 212•Hilo,Hawaii 96720 v ,;, •Planning•Variance•Zoning DP -(" Telephone:(808)969-1522•Fax (808)969-7996 r : at n E #fi •Subdivision•Land Use Permits E-mail:sidfuke�hawaiiantel.net 3 L :,!,K I •Environmental Reports 7013 JUL -8 P1°1 2: 31 July 8, 2013 Mr. Duane Kanuha, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo,HI 96720 Dear Mr. Kanuha: Subject: Rezoning Application Applicant: Harold Teshima TMK: 7-9-003: 033 portion (REZ 13-004165) This is to confirm my discussion, this date,with Mr. Daryn Arai of your staff regarding the subject matter. It has always been the applicant's intent to create a separate lot of record for its 2- acre undivided interest of the 7-acre parcel. The applicant is also aware of the water improvements that may be required to enable the further subdivision of the 2-acre portion,if the FA-la request were approved. Given the above,the applicant hereby requests that its application be amended from FA-la to FA-2a. If approved,the 7-acre parcel would be subdivided into only two(2)lots consistent with the requested FA-2a and A 5a zoning. Because the 2-acre area already has an existing dwelling,the FA-2a zoning would not permit the construction of an additional dwelling. Thus,there would be no additional density resulting from this rezoning action. The applicant also understands that although there are two existing County water meters serving the two permitted dwellings on the property,there may still be a need for a variance and/or execution of an out of bounds and elevation agreement with the Department of Water Supply in conjunction with the subdivision process. We apologize for any inconvenience this change may have caused you and appreciate your understanding. Should you have further questions on this matter, please feel free to direct them to me. Again,thank you very much. ncerely, V� cY4 v SIDNEY M.FUKE _ .. Planning Consultant Copy Mr. Harold Teshima via email '' �. RTeshimaREZ13-165.doc 07/10/13 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION HAROLD TESHIMA CHANGE OF ZONE APPLICATION(REZ 13-000165) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation for a Change of Zone from Agricultural- 5 acre (A-5a) to Family Agricultural- 2 acre (FA-2a) for 2 acres be forwarded to the County Council. The applicant originally requested a Change of Zone from A-5a to FA-1a, but changed the request to FA-2a after receiving the comments from the Department of Water Supply. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position. This favorable recommendation is based on the following findings: The applicant originally requested to change the zoning district from Family Agricultural-5 acre(A-5a)to Family Agricultural— 1 acre (FA-la) for 2 acres of land in order to subdivide the property into two parcels for family, and to allow the option to subdivide the two-acre portion into two one-acre lots. In response to the proposed request,the Department of Water Supply(DWS) submitted comments stating they are not in a position to support the proposed rezoning and subsequent subdivision based on the following reasons: • The subject property is currently served with two 5/8-inch meters with substandard water pressure conditions, i.e., less that than the minimum pressure of 40 pounds per square inch(psi)required for subdivisions. In other words, the existing private water system servicing the property does not meet water system standards for subdivisions in accordance with the Hawai`i County Code and Rules and Regulations of the Department of Water Supply. • Upgrading the system will require extensive water system improvements, including,but not limited to, storage reservoirs,booster pumps, and distribution pipelines. The Department of Water Supply does not foresee -1- Attachment to: Caren. 391 Bill 111 any upgrades to its existing water system facilities that would possibly provide the property with adequate pressure and volume meeting subdivision water system standards. Based on the Department of Water Supply comments, the Planning Director has requested, and the applicant has concurred, with changing the request from FA-la to FA- 2a, which would allow only the subdivision of two (2) lots instead of the possibility of a subdivision into three(3) lots. As the two (2)lots are currently serviced by two (2) County water meters that are connected to two (2) existing dwellings,this rezone action would only allow the subdivision of the property into two (2) lots to separate the interests of the family members. No additional dwellings will be constructed and no additional water meters would be needed for this rezoning or for the subsequent subdivision action. The subject parcel is jointly owned by various members of the Teshima family. Family members Yoshiyuki and Irene Izumi live on the mauka 5+ acre portion. The landowners wish to subdivide the property consistent with their proportional interest in the land for estate planning and real property tax purposes. Should the rezoning and subdivision be approved, the applicant would secure his 2-acre interest in land fronting Hooper Road, while the Izumis would retain the balance. In order to consider an area for any type of zoning designation,the applicable goals,policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The change of zone request from a Agricultural—5 acre (A-5a)to a Family Agricultural—2 acre (FA-2a)zoning district conforms to applicable goals,policies and standards of the General Plan. The FA zoning district is intended for lands within the State Land Use Agricultural District,where public services and infrastructure are appropriate to support the very low density residential needs of a rural community and where a substantial number of parcels are less than five acres in size, and where a mix of -2- uses will not conflict with or be detrimental to existing agricultural uses in the surrounding area. The Land Use Pattern Allocation Guide(LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed request conforms to the LUPAG Map,which designates approximately half of the property as Low Density Urban and the other half as Important Agricultural Land. The portion of land to be rezoned to the FA-2a zoning district is located within the portion that is designated as Low Density Urban. Low Density Urban allows residential uses, with ancillary community and public uses, and neighborhood and convenience-type commercial uses; overall residential density may be up to six units per acre. The Land Study Bureau's Detailed Land Classification System identifies mainly as "C"or"Fair" for agricultural productivity, with a small part on the west(makai)portion of the property as"Existing Urban Development"along Hooper Road. The property is unclassified by the ALISH System. A major concern in allowing a rezoning of agricultural land that creates smaller lot sizes is that this will reduce the potential use of the land for commercial agriculture by fragmenting the land into areas too small to be farmed on a commercial scale. While a few crops can be intensively cultivated on very small acreage,usually these crops have a very limited market. Reducing the size of the lots can reduce the range of potential agricultural uses and the range of market opportunities for those crops. In this particular situation, the applicant is requesting the change in zoning in order to subdivide into two lots to legally separate the family interests in the property for family. Both of the newly created lots will still have the potential to be used for farming or agricultural purposes, such as pasture. All essential utilities and services are available to the property. Access to the property is from the Old Government Road (aka Hooper Road), which is not presently maintained by the County. From its intersection with Mamalahoa Highway to the subject -3- property,the pavement width on Hooper Road is approximately 16 feet wide but narrows to 9 feet wide fronting the subject property and beyond. The pavement fronting the subject property is in poor condition. The right-of-way varies in width but appears on available maps to be less than 30 feet. Conditions of approval will be added requiring the applicant to provide for future road widening improvements,which includes a ten (10)-foot wide future road widening setback along the subject property's Hooper Road frontage and to conduct a location survey to show the location of existing features relative to the Hooper Road right-of-way boundary and the future road widening setback, including but not limited to pavements, walls, trees and utilities and remove any possible encroachments. As the revised request would, if approved as recommended, simply allow the subdivision of the property into 2 lots, each accommodating an existing single family dwelling with no proposal for further residences, the impact to the existing substandard roadway will remain status quo. Regarding water for this application, Section 25-2-46 (m) (Concurrency Requirements)within the Zoning Code states that a zoning amendment application shall not be granted unless: (1) the department of water supply has determined that it can meet the water requirements of the project and issue water commitments using its existing system; or(2) specific improvements to the existing public water system, or a private water system equivalent to the requirements of the department of water supply will be provided to meet the water needs of the project and conditions of zoning delay occupancy until the necessary improvements are actually constructed. As mentioned above, the Department of Water Supply has verified that the subject property is currently served with two 5/8-inch meters,but the system has substandard water pressure conditions and does not meet water system standards for subdivisions in accordance with the Hawai`i County Code and Rules and Regulations of the Department of Water Supply. For the applicant to upgrade the system to meet these standards, it will require extensive water system improvements, including, but not limited to, storage reservoirs,booster pumps, and distribution pipelines. In this particular case, the Planning Director will support a change of zone to FA-2a to allow for the property to be subdivided into two (2)parcels to separate the interests of the family members. The -4- main reason for supporting this request is that both existing dwellings are currently serviced by DWS water meters and the approval of this change of zone will not increase the number of dwellings. It will only allow the property to be subdivided to separate the interests of the family members. Wastewater will be disposed of by individual wastewater systems meeting the requirements of the Department of Health. All other essential utilities or services are available to the property. There is no severe geological or topographical problem for the property that cannot be properly rectified or which would render the land unusable. The majority of the property is located in Zone "X", an area determined by FEMA to be located outside of the 500-year floodplain. Should this request be approved, the applicant could apply for a Second Farm Dwelling allowing for the construction of a second dwelling unit on each newly created lot. The potential to allow additional dwellings would contribute to the cumulative burden on the existing infrastructure. As such, a condition will be included to prohibit a second dwelling unit and a Condominium Property Regime(CPR) on each lot. The condition will require that restrictive covenants be included in the deeds of all the proposed lots for the subdivision prohibiting second dwelling units to preserve the residential/agricultural ambience of the area. Typically the County Council requires that applicants provide a fair share contribution to mitigate the potential regional impacts of their development on public facilities and services such as roads and parks. For Family Agricultural (FA) zoning,the County Council has historically required this contribution for lot sizes of one acre or less. A fair share contribution would thus not be required for FA-2a zoning. Additionally, if this rezoning is approved, there will not be an increase of additional dwellings as one existing dwelling will remain on each of the newly created lots. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is not situated within the Special Management Area. It is located approximately 2 miles from the nearest coastline and will not be impacted by coastal hazard and beach erosion. There are no identified -5- recreational resources,historic resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the area. Thus, the proposed request and use of the property will not adversely impact those resources. It is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject property because the property was previously bulldozed and cleared and is currently used for farming. Presently, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of known valued cultural, historical or native resources in the area. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the recent Hawai`i State Supreme Court's "PASH" and"Ka Pa'akai 0 Ka'Aina"decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: Investigation of valued resources: No formal archaeological reconnaissance survey, oral history of kamaaina accounts of the area, historical survey of documentary records, or botanical study was included in the application. The valued cultural,historical, and natural resources found in the rezoning area. The site has been and is currently being used for agricultural purposes, and has previously been cleared to construct dwellings. It is unlikely that there are any valued cultural,historical, and natural resources to be found in the rezoning area other than field or boundary rock walls. Possible adverse effect or impairment of valued resources: There is no evidence of any possible adverse effects or impairments will occur to any valued resources. Since the property was previously bulldozed and cleared in the past, it is unlikely that any archaeological or historic features exist on the property, other than field or boundary rock walls. Additionally, there is no evidence that the flora in the area are particularly desired or used for cultural practices. -6- Feasible actions to protect native Hawaiian rights: As there is no evidence of any valued cultural,historical, and/or natural resources found on the site, there is no action to be taken. A condition of approval will be added for the protection of inadvertent finds should any remains of historic sites, such as rock walls, terraces,platforms,marine shell concentrations or human burials be encountered. The applicants shall be required to cease work in the immediate area and contact the Department of Land and Natural Resources— State Historic Preservation Division(DLNR-SHPD). Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. Based on the above findings, approval of the Change of Zone request from an Agricultural- 5 acre (A-5a) to a Family Agricultural- 2 acre (FA-2a) zoned district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. The accompanying draft bill to amend Section 25-8-3 (North Kona Zone Map) is provided for your favorable consideration. Please note the proposed conditions of approval are attached to the draft bill. -7- tv oc COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO. tAil.),0,A)6 .D ra7fine-sql AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—FIVE ACRES (A-5a)TO FAMILY AGRICULTURAL—TWO ACRES (FA-2a)AT MAIHI 2ND,NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-9-003:PORTION 033. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I: SECTION 1. Section 25-8-3, 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 Maihi 2"d,North Kona, Hawai`i, shall be Family Agricultural—Two Acres(FA-2a): Beginning at a nail found in concrete on the East line of Old Government Road, for the Northwest corner of this parcel of land and a Southwest corner of a 13.53 acre tract of land,the coordinates of said point of beginning referred to Government Survey Triangulation Station"PUU OHAU",being 12,182.18 feet North and 8,237.86 feet East, and running by azimuths measured from true South: Thence, for the next four(4) courses, following along the remainder of Grant 989 to Kuakea: 1. 254° 45' 55" 522.03 feet along said 13.54 acres to a set'/2"iron pipe for the Northeast corner of this herein- described tract of land; 2. 345° 30' 50" 163.30 feet over and across said lot 1 to a set /2" iron pipe; -1- Thence along Lot 2,with the following three (3) courses; 3. 74° 08' 20" 133.06 feet to a found 1/2"iron pipe in concrete; 4. 73° 25' 50" 373.25 feet to a found %" iron pipe in concrete; Thence following a curve to the left with a radius of 20.00 feet,the chord azimuth and distance being: 5. 125° 59' 53" 32.06 feet to a found %" iron pipe in concrete on the East line of said Old Government Road; Thence along the East line of Old Government Road, with the following two (2) courses; 6. 177° 54' 00" 65.87 feet to a set lh"iron pipe; 7. 158° 57' 00" 84.73 feet to the point of beginning and containing an area of 2.00 acres,more or less. All as shown on the map attached hereto,marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44,Hawai`i County Code 1983 (2005 Edition),the County Council finds the following conditions are: Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (1) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS -2- 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 HAWAI`I , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -3- irliall .11°...— Mil A-20a A-5a AGRICULTURAL-FIVE ACRES(A-5a) TO FAMILY AGRICULTURAL- A-5a TWO ACRES(FA-2a) 2.0 ACRES TOTAL 12,182.18'N 8,23786'E A-5a ¢° N W • ■ A-la 01111111/11111111111.11311111111. riIIIlllWAI N A-5a r Feet 0 125 250 500 750 1,000 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - FIVE ACRES (A-5a) TO FAMILY AGRICULTURAL -TWO ACRES (FA-2a), AT MAIHI 2ND, NORTH KONA, HAWAII MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TMKS:(3)7-9-003:033(portion) DATE:MAY 7,2013 EXHIBIT "A" Harold Te hima CTeshimaREZ13-165.doc 07/10/13 HAROLD TESHIMA CHANGE OF ZONE APPLICATION (REZ 13-000165) CONDITIONS OF APPROVAL A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant, successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawai`i Revised Statutes, relating to permissible uses within the State Land Use Agricultural District for that portion of the project site situated within the State Land Use Agricultural District. C. Final Subdivision Approval for development shall be secured within five(5) years from the effective date of this ordinance. D. Restrictive covenants in the deeds of all proposed lots shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owner of the property may also, in addition, impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s)to be recorded with the State Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. E. To provide for future road widening improvements, a ten(10)-foot wide future road widening setback shall be delineated on the subdivision plat map along the subject property's Hooper Road frontage and shall be subdivided and dedicated to the County of Hawai`i upon request at no cost to County. F. The applicant shall conduct a location survey to show the location of existing features relative to the Hooper Road right-of-way boundary and the future road widening setback, including but not limited to pavements, walls, trees and utilities prior to Final Subdivision Approval. If required by the Department of Public Works, the applicant shall, at no cost to the County, remove or assume the County 1 or designated agent will remove the subject property owner's encroachments (if any)within the Hooper Road right-of-way and the future road widening setback area. G. Prior to the filing of an application for the subdivision of the subject property or any land alteration activities, the Applicant shall conduct an archaeological inventory survey of the subject property, or portion thereof, and implement all required mitigation measures in a manner meeting with the approval of the State Department of Land and Natural Resources-Historic Preservation Division H. All new driveway connections to Hooper Road shall conform to Chapter 22, County Streets, of the Hawai`i County Code. Any new construction or substantial improvements shall comply with the requirements of Chapter 27, Floodplain Management, of the Hawai`i County Code. J. All development-generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. If required, a drainage study shall be prepared and submitted to the Department of Public Works and any required drainage improvements shall be constructed,meeting the approval of the Department of Public Works prior to Final Subdivision Approval. K. All earthwork activity, including grubbing and grading, shall conform to Chapter 10, Erosion and Sedimentation Control of the Hawaii County Code. L. Should any remains of historic sites, such as rock walls, terraces,platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources— State Historic Preservation Division(DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. M. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. N. The applicant, successors or assigns shall comply with all applicable County, 2 State and Federal laws,rules,regulations and requirements. 0. 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 are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. 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