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HomeMy WebLinkAboutCOM 0491.000 2012-2014 _•'MtYOFI•.• ••I**', :.�•��� Walter K.M.Lau f. Managing Director William P.Kenoi : •t r `�'^�'et t•'- Mayor -_j__A='i"_ Randall M.Kurohara ti a *;Mt-•- Deputy Managing Director • County of Hawaii Office of the Mayor 25 Aupuni Street,Suite 2603 • Hilo,Hawai`i 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawai`i 96740 (808)323-4444 • Fax(808)323-4440 October 24, 2013 °; c- c- = _-- c J Yoshimoto, Council Chair a,. ' and Members of the County Council .o = `_„'• County of Hawai`i 25 Aupuni Street cry Hilo, HI 96720 Dear Chairman Yoshimoto and Members: Change of Zone Application (REZ 13-000168) Applicant: Jon R. Bolner Request: A-20a to A-5a Tax Map Key: 3-6-005:003 As required by Chapter 7, Sec. 6-7.5 (a), Hawai`i County Charter,transmitted herewith for the County Council's consideration and action are the Windward Planning Commission's letter and enclosures regarding the above-referenced matter. Sincerely, William P. Kenoi Mayor Enclosures cc: Planning Department 3'111 '1t5 Comm. No. `r Q Ref. To: PC- U. County of Hawai`i is an Equal Opportunity Provider and Employer. date OCT 2 9 2013 t +tYIOF!!!!!! • TE 6F•MF.� County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720 Phone(808)961-8288 • Fax(808)961-8742 OCT 2 4 2013 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 13-000168) Applicant: Jon R. Bolner Request: A-20a to A-5a Tax Map Key: 3-6-005:003 The Windward Planning Commission, at its duly held public hearing on October 3, 2013, recommended for your approval the proposed legislative bill for a Change of Zone from Agricultural—20 acres (A-20a)to an Agricultural - 5 acres (A-5a) zoning district for approximately 10.17 acres of land. The property subject property is located on the makai side of the Old Mamalahoa Highway between the 25 and 26 mile marker, Waipunalei Homesteads, Waipunalei,North Hilo, Hawai`i The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicant requests a Change of Zone from A-20a to A-5a to subdivide the 10.17-acre property into two (2) lots of roughly equal size for estate planning purposes with each proposed lot to be conveyed to the applicant and his sister-in-law for agricultural purposes and individual homesites. The applicant is proposing the cultivation of fruit trees as well as the raising of chickens, while the sister-in-law, who currently lives on the property, is using portions of the property as pasture for cattle and goats. Hawai`i County is an Equal Opportunity Provider and Employer The Honorable J Yoshimoto, Chairman and Members of the County Council Page 2 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 a comprehensive policy analysis approach that evaluations and decisions can be made to better time or stage developments to achieve quality growth. The implications of these evaluations and decisions must also be considered as they may have an impact on other similar areas in the County. The Change of Zone request from A-20a to A-5a conforms to the goals, policies and standards of the General Plan Economic and Land Use Elements. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land Use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The proposed change of zone conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The property is designated Important Agricultural Lands (IAL) and Open(along the shoreline). The IAL designation includes lands with better potential for sustained high agricultural yields due to soil type, climate, topography, or other factors. The ALISH Map identifies the area as Prime Agricultural Land and Other Important Agricultural Land (OIAL). OIAL is land other than Prime or Unique Agricultural Land that is of statewide or local importance for the production of food, feed, fiber and forage crops. The lands in this classification are important to agriculture yet they exhibit properties such as seasonal wetness, erosion, limited rooting zone, slope, flooding, or drought that excludes them from the Prime or Unique Agricultural Land classifications. The Land Study Bureau's Productivity rating for the site is "C" or"Fair." Soils on the property are identified as Ookala medial silty clay loam, 10 to 20 percent slopes. This proposed change of zone would allow this 10.17-acre parcel to be subdivided into two 5-acre lots that will not compromise the integrity of the subject • The Honorable J Yoshimoto, Chairman and Members of the County Council Page 3 property to accommodate agricultural uses. Each proposed lot will provide a minimum of 5 acres of land to be utilized as a homesite as well as sufficient land area to support the applicant's agricultural intentions, which he indicated as the cultivation of fruit trees and the raising of chickens. The applicant's sister-in-law, who currently resides on the property, will have sufficient land area to continue her pasture operations for her cattle and goats. Lands around the vicinity of the property are zoned A-20a and include residential and agricultural uses. The proposed change of zone would complement the existing land uses nearby and provide for an orderly development of the area. As there is no community development plan developed for this area, the application was not reviewed against any established guidelines or objectives of an approved CDP. Currently in the development stage, the Hamakua CDP, covering the area between the Hamakua district to the rural South Hilo district, would be the appropriate guiding planning document for this area. The CDP is proposed for completion in 2014. The proposed request will result in a more appropriate land use pattern that will further the public necessity and convenience and the general welfare. The proposed request does not seek to amend the existing Agricultural classification of the property but merely a change in density from a minimum lot size of twenty acres to a minimum lot size of five acres. The change to a five-acre zoning would allow the property to be subdivided into two lots to facilitate the applicant's estate planning objective. The zoned district classification will remain Agriculture. While the subject property and immediately surrounding lands are zoned Agricultural-20 acres, the majority of lots within the immediately vicinity of the subject property are smaller than the minimum 20-acre lot size prescribed by zoning. Some lots within a few hundred feet of the property are just over an acre in size. We do not find that approval of the change of zone would result in the establishment of an undesired land use pattern since the area already accommodates parcels less than five acres in size. All utilities and services are available to the site. According to the Department of Water Supply, water can be made available from an existing waterline within the Old Mamalahoa Highway. The proposed lots will utilize individual wastewater treatment systems meeting with the approval of the Department of Health. Solid waste will be disposed of at appropriate sites designated by the Department of Environmental Management. Police, fire, and emergency services are available in Honoka`a and Laupahoehoe. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 4 The proposed request will not burden public agencies to provide utilities and services. Access to the property is from the Old Mamalahoa Highway, a County maintained road with a right-of-way of approximately 50 feet. There is a section of a County-owned paved access road connecting the Old Mamalahoa Highway with the Hawai`i Belt Road. County water is available to the proposed two lots. Solid waste will be disposed of in appropriate landfill locations. All essential utilities and services are available to the site, and police and fire services are located in Honoka`a and Laupahoehoe. There are no severe geological or topographical problems that cannot be properly rectified or which would render the land unusable. According to the Flood Insurance Rate Map (FIRM)prepared by the Federal Emergency Management Agency(FEMA), the property is located in an area identified as Minimal Tsunami Inundation. The applicant will be required to direct all development generated storm run-off to be disposed on-site and not onto adjacent properties or roadways. The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. Although the property is located within the Special Management Area and fronts the coastline, it is elevated from the shoreline by cliffs of approximately 200 feet in height and has no direct ocean access. The proposed action will not have any significant impact on shoreline resources due to the property's location on top of a high bluff. However, as the property is located within the SMA, the applicant filed a SMA Assessment application for the construction of a single-family dwelling/demolition of an existing single-family dwelling upon the construction of the new dwelling. The request was approved by the Planning Department on March 28, 2011. There is no record of a designated public access to the shoreline or mountain areas that traverses the property. Although no studies were conducted of the site, it is not anticipated that endangered or threatened candidate species of flora or fauna are located within the site because the property has been improved with a dwelling and used for agricultural purposes for over 100 years. According to the applicant, 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 Honorable J Yoshimoto, Chairman and Members of the County Council Page 5 Finally, if approved, the applicant could construct additional dwellings on each newly created lot,resulting in an increase in the overall unit density within the project site. The Planning Director supports this rezoning request, but only on the condition of allowing one dwelling on each lot. Therefore, a condition of approval will be included in the Change of Zone ordinance to prohibit a second dwelling unit and/or a condominium property regime on each subdivided lot. Based on the above, approval of this change of zone request from an A-20a to an A-5a zoned district would result in an appropriate land use pattern that will further benefit the general public. For your favorable consideration, an amendment to Section 25-8-19 (North Hilo 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, / 114(1-1 /1-14.1"-14: Wallace A. Ishibashi, Jr., Chairman Windward Planning Commission Lbolnerrez 13-168wpc2 Enclosures cc: Thomas L. H. Yeh, Esq. Mr. Jon R. Bolner Department of Public Works Department of Water Supply Department of Land &Natural Resources-HPD Department of Transportation William Brilhante, Esq., Corporation Counsel BBolnerREZ.doc-8/6/13 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT JON R.BOLNER CHANGE OF ZONE APPLICATION (REZ 13-168) JON R. BOLNER has submitted an application for a Change of Zone from an Agricultural 20-acre(A-20a)to an Agricultural 5-acre (A-5a) district. The property is located on the makai side of the Old Mamalahoa Highway between the 25 and 26 mile marker, Waipunalei Homesteads, Waipunalei,North Hilo,Hawai`i, TMK: 3-6-005: 003. PROPOSED ACTION 1. Request: Change of Zone from A-20a to A-5a to subdivide the 10.17-acre property into two (2) lots of roughly equal size for estate planning purposes with each proposed lot to be conveyed to the applicant and his sister-in-law for agricultural purposes and individual homesites. The applicant is proposing the cultivation of fruit trees as well as the raising of chickens, while the sister-in-law, who currently lives on the property, is using portions of the property as pasture for cattle and goats. (Planning Department Exhibit 1 - Change of Zone application) 2. Landowners: Elizabeth A. Bolner and Elaine Powers. STATE AND COUNTY PLANS 3. State Land Use: Agricultural. 4. County Zoning: A-20a. 5. GP LUPAG Map: Important Agricultural Land and Open(portion fronting the ocean). 6. Community Development Plan (CDP): Currently, none developed for this district. 7. Special Management Area (SMA): The property fronts the shoreline and is located in the SMA. A SMA Assessment application for the construction of a single-family dwelling/demolition of an existing single-family dwelling upon the construction of the new dwelling was approved by the Planning Department on March 28, 2011. (P.D. Exhibit 2 - SMA Use Permit Assessment letter) DESCRIPTION OF THE PROPERTY AND SURROUNDING AREA 8. Subject Property: The property is located on the shoreline and fronts the Old -1- Attachment to: Corrm. 491 Bill 145 Mamalahoa Highway. Although the property fronts the coastline, it is elevated from the shoreline by cliffs of approximately 200 feet in height and has no direct ocean access. The property is improved with an approximately 932-square foot house with a 210 square foot porch, a dilapidated dwelling(according to SHPD, constructed in 1908)with adjacent shed, and a 10 x 10 foot wood shed. The applicant proposes to demolish the dilapidated dwelling and shed. In addition,there is a 37-foot long, 12-foot wide, self- contained travel trailer on a graded site on the northwest side of the property, with a retaining rock wall makai of the trailer about four feet high and 40-foot long. There are two gates to the property fronting the Old Mamalahoa Highway. With the exception of the portion of the property fronting the ocean, a split rail/barbed wire fence runs more or less equally down the middle of the property and along the perimeter of the property. Several large plum trees, silver oaks,various fruit trees and wild guava grow on the property. One portion of the property (Elaine Powers' side) is grazed by animals, while the remaining portion (Bolner's side) is contoured and overgrown with approximately %2-acre mowed. Other structures on the property include a"blue stone" (for surveying purposes) and a wood-fired oven. 9. Building Permits: According to Building Permit Records, the following building permits have been issued(but not finalized) for the uses associated with this request: • Building Permit No. 2011-0521H for demolition of the existing dwelling • Building Permit No. 2011-0522H for the new dwelling • Building Permit No. 2011-0538H,plumbing for the new dwelling 10. Surrounding Land Uses/Zoning: Lands around the vicinity of the site are zoned Agricultural (A-20a) and include residential and agricultural uses on lots as small as just over an acre in size, with the majority of lots less than the 20-acre prescribed by zoning. 11. Flood Insurance Rate Map (FIRM): Minimal Tsunami Inundation area. 12. U.S.D.A. Soil Survey Report: Ookala medial silty clay loam, 10 to 20 percent slopes. 13. Land Study Bureau Soil Productivity Rating: "C"or"Fair." 14. ALISH Map: Prime Agricultural Land and Other Important Agricultural Land. 15. Flora/Fauna Resources: The parcel has been extensively disturbed for more than 100 years of residential and agricultural uses. Thus, no flora/fauna study was conducted of -2- the site. Thus, the applicant does not believe that rare or endangered floral or faunal resources are likely to be found on the property. 16. Archaeological/Historical Resources: By letter dated March 20, 2013 (Exhibit G in the application),the DLNR- Historic Preservation Division has stated that no historic properties will be affected by this request. PUBLIC FACILITIES AND UTILITIES 17. Access: Access to the property is from the Old Mamalahoa Highway, a County maintained road with a right-of-way of approximately 50 feet. There is a section of a County-owned paved access road connecting the Old Mamalahoa Highway with the Hawai`i Belt Road. 18. Water: According to the Department of Water Supply, water can be made available from an existing waterline within the Old Mamalahoa Highway. 19. Wastewater: There is no County sewer system in the area; thus, the lot owners will comply with the requirements of the Department of Health for individual wastewater systems for the proposed lots. 20. Solid Waste: Solid waste will be disposed of at the landfill or transfer stations. 21. Utilities and Services: Electricity and telephone are available to the site. Police and fire facilities are located in Honoka`a(approximately fifteen miles from the property) and Laupahoehoe(approximately 2.2 miles from the site). AGENCIES' COMMENTS 22. Department of Public Works: P.D. Exhibit 3 -July 3,2013 memo 23. Department of Water Supply: P.D. Exhibit 4-July 17,2013 memo 24. Police Department: P.D. Exhibit 5 -June 28,2013 memo 25. Fire Department: P.D. Exhibit 6 -June 28,2013 memo 26. Department of Environmental Management: P.D. Exhibit 7-June 25,2013 memo 27. DLNR- Land Division: P.D. Exhibit 8 -July 22,2013 memos and attachments 28. DLNR- Historic Preservation Division: P.D. Exhibit 9 -July 26,2013 letter 29. Department of Health: P.D. Exhibit 10 - August 7,2013 memo 30. Department of Transportation: P.D. Exhibit 11 - July 10,2013 letter -3- PUBLIC COMMENTS 31. None as of this writing. -4- APPLICATION FOR CHANGE OF ZONE Contents Change of Zone Application Form Agricultural Questionnaire Background and County Environmental Report Exhibit"A" — Hawaii County Tax Map 3-06-05 Exhibit"B" — Site Plan Exhibit"C" — FHAT Report Exhibit"D" — Google Earth Map Exhibit"E" — List of surrounding property owners within 1,000 feet of the subject Property. Exhibit"F" — Certificate of Real Property Tax Clearance, Department of Finance Exhibit"G" — DLNR-SHPD No-effect determination re historic properties, 3/21/13 Exhibit"H" — Hawaii County Food Self Sufficiency Baseline 2012 Exhibit"I" — Legal description of subject Property in metes and bounds Scale-Drawn Plot Plan showing proposed rezoning Planning Dept. Exhibit / Jon R. Bolner Application for Change of Zone APPLICATION FOR CHANGE OF ZONE p!) ,11 CHANGE OF ZONE APPLICATION y 21 COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Jon R. Bolner, Personal Represe9. tive of the Estate of APPLICANT'S SIGNATURE: rk4m,c\ s Elizabeth t. Elner DATE:,5 19Y. ADDRESS: 29 Kupaa Street, Hilo, HI 96720 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S)INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (Res.) (808) 959-1618 (Fax) LANDOWNER(S): Applicant and Elaine Powers LANDOWNER SIGNATURE(S): DATE: (May be by letter) LANDOWNER(S)ADDRESS: Same as above - Applicant . P.O. Box 14, Laupahoehoe, Hawaii 96764 - Elaine Powers REQUEST: A-2 0 a TO A-5a (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) 3-6-005-003 STREET ADDRESS OF PROPERTY: 36-2720 Old Mamalohoa Highway, Laupahoehoe, Hawaii 96764 SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 10 . 17 acres AGENT: Law OffAres of Yeh & Moore, LLLC ADDRESS: 85 W. Lanikaula Street, Hilo, Hawaii 96720-4199 TELEPHONE:(Bus.) (808) 961-0055 (Res.) (Fax) (808) 969-1531 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Agent COPIES: Applicant Jon R. Bolner Application for Change of Zone DEPARTMENTAL ZONING QUESTIONNAIRE Jon R. Bolner Application for Change of Zone ATTACHM ENT Agznu]turalRezonng PLANN]NG DEPARTMENT COUNTY OF HAW All APPLEATDN FOR CHANGE OF ZONE Ifyourrequestis approved,do you ntend to subdivide the subct land in accordance with the approved change of zone? Yes Ifyes,phase answerthe restofquestbn 1 and then to question 3. a. How in any acres of the requested area do you blend tD subdiviie? 10.17 b. Intowhatbtsizes? 5.00+ acres c. Ifyourrequestis approved,appmxin ately how long afferthe date ofapprovaldo you e_pecttn subm ityoursubdivisbn plans to the P lannirg D epartn entforpaalin nary approval? ASAP J. D o you intend to build houses on the newly created lots? yes, for Owner Ifyes,phase answerthe follow lag questions: On how m any ofthose bts? 1 Atwhatapproxin ate prbe range? House $50,000. Lot N/A Total N/A Apprxin ately how bng,a iierappaovalofthe subdivisbn, would the fmsthouse be availabh broccupancy? 1 year Ifyou intend to subdivfle,phase subm ita prelm bar"schem atic subdivisbn plan togetherwith yourchange of zone appbcaton form• attached 2. Ifyou have no fine plans ofsubdiviLbg the subctaiea, do you blend to: a. S ellorhase the land to som eone who has EMI plans? n/a b. Sellorhase the land to someone who has tentative plans? n/a Sellorhase the land to som eone who has no plans? n/a d. Keep r1/a e. Other Phase state) P,D.2 5/84 Jon R. Bolner Application for Change of Zone f. Ifyou intend b do eithera, b,c,phase ehboiate on the kind ofphns the otherparty has.Phase, also ,nchde h your answerappmx_in atet'how soon aflerappmvalofyourrezon:hg do you expectto ttanstrthe subctland to anotherparty. ?, Do you think thatyouriequestand yourfiirtherplans for the land willalhviste the bcalhousing situation? no effect How? 4. Are them anyburlings on the sub ctaiea? yes Ifso, whatktd? 932 square foot house w/ 210 square foot porch; dilapidated dwelling with adjacent shed; 10 x 10 wood shed W hatdo you intend to do with those buihings ifyouriequests approved? 932 sq. ft. house and porch will remain; dilapidated dwelling with adjacent shed will be dismantled; 10 x 10 shed to remain 5. Is the sub cthnd cunentlybeng used forany agrtu]hualactiyiby? yPG Ifso,phase hstthe kinds ofpmducts gmwn and on how m any square ketoraces ofhnd perpmduct Approximately half of the current lot contains orchards (banana, ulu, peach, lychee, avocado, mango and citrus) and pastured animals (cattle, horses, goats and dogs) 6. W as yourmquestto allow forte creation ofsm albragtculural bts? yes Ifso, did yourp]an nchde the foIbwiig consiiemt ons? yes a. C om m odily to be produced? yes Whatkndsofcommodity? fruit trees and pastured animals b. Suitability of the proposed lot-size trthatcomm odity? yes c. Sutfr antfamn size to allow masonabh chance ofsuccess n com m erchlag±uluie? yes -2- Jon R. Bolner Application for Change of Zone d. Agrtu]tuialeases orotherform s ofassuiance thatpotential buyers oreases would putthe subctarea into some form of agrtulhrraluse? n/a Phase slat the proposed type ofanangem ent Family members will own Property as part of estate plan and partition. Phase subm.ityouragriculuralplans forthe sub ctaiea and presentevtlence ofconsideiatnn ofthe above requiiem ents together with yourrequestbra change ofzone. attached Ifyou do notintend to subdivide the subcthnd forsom e sortof ag±ulturalpuspose,phase state your other reasons. 7. To yourknowbdge,has there been any fboding and/ordraEage pmbbm on the subctarea? No Ifso,phase descrbe the pmbhm 8. Do you thank thatthe wads leading to the sub bctaiea needs in pmvem ents? No Ifso, whatkiid? Is the mad adequate inrthe pmposed tofu e orbad? Yes 9. W hatsortofgovemm entalassistance and/orinpmvem ents do you feelwill he needed in the subctarea when devebped? Yes No a. Schools x h. Roads x c. Sewer x d. D ravage x -3- Yes No PoJre Protection X Fire P mtectnn X g RecreatpnalFacJ]± s h. PubltUtilris 1. Other Forthose checked 'Ves",phase elaborate w hattype orkilds ofin provem ents and/orassislance are needed. 16()6Z Signature: � Jo . Bolner, Personal Representative of e Estate of Elizabeth A. Bolner S.iinat ne: Elaine Powers Address: 29 Kupaa Street, Hilo, HI 96720 Tehphone: (808) 959-1618 Date: S SO) -4- Jon R. Bolner Application for Change of Zone BACKGROUND AND COUNTY ENVIRONMENTAL REPORT APPLICATION FOR CHANGE OF ZONE Background and County Environmental Report A. SUBJECT REQUEST 1. Details of Proposed Use/Development: a. Project Description Jon R. Bolner, Personal Representative of the Estate of Elizabeth A. Bolner (hereinafter "Applicant"), requests a change of zone from the Agricultural Zoning District ("A-20a") to the Agricultural Zoning District ("A-5a"). The subject property("Property") is approximately 443,005 square feet (or 10.17 acres) in land area. The change of zone request is to allow a subsequent subdivision of the Property into two lots of roughly equal size, to accommodate the plans and desires of the two owners, the Applicant and his sister-in-law, Elaine Powers, each owning an undivided one-half(1/2) interest in the Property. The Property is located on the makai side of Old Mamalahoa Highway and is more specifically identified as Tax Map Key("TMK") No.: (3) 3-6-005-003, Waipunalei Homesteads, Waipunalei, North Hilo District, Hawaii. See Hawaii County Tax Map 3- 06-05 attached hereto as Exhibit "A"; see also legal description of Property in metes and bounds attached hereto as Exhibit"I". Old Mamalahoa Highway, which generally runs in a north-south direction, is a paved County road by which the Property is accessed. There is a short section of paved access road, owned and maintained by the County of Hawaii, which runs in an east-west direction and connects Old Mamalahoa Highway with the Hawaii Belt Road, the major thoroughfare for this area. The Property is bordered to the north and south by one lot on each side, to the west by the ocean, and to the east by Old Mamalahoa Highway. The Property has remained in the possession of Applicant's wife's forebears, the Adrian family, since they first purchased it upon their arrival from Portugal to what was then the Territory of Hawaii in 1908. Soon after the purchase, the Adrian family built a dwelling fronting the Old Mamalahoa Highway on the southwest corner, which is now partially dilapidated and vacant("original house"). To the northwest of the original house is a garage, which is totally dilapidated, a shed and a cesspool. The Adrian family built several "dry stack" dividing and/or retaining walls throughout the Property, which are generally in a current state of disrepair. One wall along the southwest corner perimeter of the Property, which may have been a retaining wall, is still mostly intact and is about five feet at the base and four-to-five feet high. Sometime in September 2010, Elizabeth "Betty" Bolner, Applicant's now deceased wife, and Elaine Powers built a split-rail/barbed wire fence consisting of ground posts every 8-10 feet, which runs more or less equally down the middle of the Property and along the perimeter of the Property on all sides except makai. Pursuant to Building Permit Nos. B2011-0521H and B2011-0522, dated April 27, 2011, Elaine Powers built an approximately 932 square foot "package home" and 210 square foot porch area, located about 30 feet to the east of the original house, about 30 feet away, including a cesspool, mauka and to the north west of her house, and a surrounding fence. See Site Plan, attached hereto as Exhibit `B". Ms. Powers plans to demolish the dilapidated house and shed and fill its cesspool. Ms. Powers currently lives in this new house with her adult son, who keeps cattle, horses, goats and dogs on the Property. There is also a 37 foot long, 12 foot wide, completely self-contained travel trailer on a graded site on the north west side of the Property, with a rock retaining wall makai of the trailer, about four feet tall and 40. There is also a 10 x 10 wood, post and pier shed, built in 2010 for storage, located on the northern edge of the Property, east of the trailer. There are two gates to the Property fronting the Old Mamalahoa Highway, providing access for both owners to their separate areas of agreed upon use. The Property contains several large California plum trees, a couple of silver oaks, various fruit trees, including: banana, breadfruit, peach, lychee, avocado, orange and mango, and wild guava everywhere. Elaine Powers' side of the Property is grazed by the animals. Jon Bolner's side is more contoured and overgrown with about one-half(1/2) acre mowed. There is also a very large "blue stone" (which surveyors have used since pre-annexation as control points for measurements) on the northeastern edge about midway between the Old Mamalahoa Highway and ocean. There is also a wood-fired "forno" or Portuguese stone wood-fired oven, protected by a shed enclosure and located between the original and new houses, which the owners still use b. Statement of Objectives and Reasons for the Request As stated above, Applicant and Ms. Powers wish to subdivide the Property. The goal of the owners is to continue ownership of the Property and it's agreed upon uses within the family, with the ability to maintain ownership consistent with the surviving members' ownership interests. To accomplish this, it is necessary to obtain a change of zone from A-20a to A-5a, minimum lot size of five acres. See Scale-Drawn Plot Plan showing proposed rezoning attached hereto. Elaine Powers will continue to use her lot for residential and pasture purposes. Applicant intends to owner-build a dwelling on the Property for his four children to use for family get-togethers and visits. Once built, Applicant plans to dismantle the existing shed and move the trailer off of the Property, install new fencing and poles along the Mamalahoa Highway frontage, and improve other fencing on the Property on an as needed basis. Applicant's ultimate desire is to honor his late wife Betty Bolner's, wishes, to maintain family ownership of the Property for the family to use and enjoy together, for pasturing animals and for growing fruit and other types of beneficial trees. Applicant also plans to plant Mountain Apple, Mango and Ulu (breadfruit) trees. He is also considering raising chickens for eggs and possibly meat, down the line. His children are supportive of these plans (the "Project"). As the Property is just over 10 acres in area, a change of zone is necessary to accommodate the proposed subdivision. - 2 - Applicant's objectives are as follows: • To change the zoning from A-20a to A-5a; and • To subdivide the Property into two lots to allow the two current owners to become the sole owner of one lot each. Photo 1 • '.4. (Property flora, landscaping and fencing on Elaine Powers'side) Photo 2 (View looking North West behind Elaine Powers'house) - 3 - Photo 3 0 r (Split rail perimeter fencing and pasture) Photo 4 #_` mow * 3' (Elaine Powers'2011 house looking North West towards ocean) - 4 - Photo 5 - z t —, ,. t yi 1k.''I k �r r ' ',;',L i 'i ..4",'",,,,,..,2. IL ,',,.... Pt ri jYA, i ffl f., V ECI,', 1 ' ..1,,,,,.,,, yR (West view of Elaine Powers'2011 house and ocean facing porch) Photo 6 e .. ,0 � '',:i0.- tae.+Y p "y ,A' '4,.. ,.,-,�• J ..... _&cp eq8 ,.t • • (i (View of original house, looking West, with original shed to the North) - 5 - c. Number of Acres/Square Feet The Property is approximately 443,005 square feet, or 10.17 acres, in land area. d. Proposed Units/Lots/Floor Area of Proposed Building Envelope. If this change of zone request is approved, Applicant plans to subdivide the Property from one existing lot into two lots of approximately five(5) acres each. Although Applicant intends to owner-build a dwelling on the Property for get-togethers and visits with his family, no plans for this dwelling are currently prepared. Applicant will prepare plans for this dwelling after the change of zone and subdivision is approved. Applicant's intent at this time for this dwelling is that it be on the small-to-medium size, less than 1,000 square feet and cost approximately $50,000.00. Elaine Powers has already built a dwelling for herself on the southern portion of the Property, which is almost complete. According to the proposed subdivision, this house is situated on the portion of the Property which will be conveyed to her. e. Timeframe and Cost. It is estimated that the change of zone process will take four to six months and the subsequent subdivision process will take three to four months. The cost of the change of zone and subdivision processes will include reasonably attorneys' fees and costs, filing and application fees, surveyor's expenses for preparation of maps and plans, recordation and other incidental costs. f. Membership Size/Number of Employees and Clientele This section is not applicable to the current request. g. Parking Arrangement. The Property already permits ample parking for its owners and guests. The subject request is not expected to change or materially affect the parking. h. Traffic Impacts Assessment of Existing Traffic Conditions The Property is located on the makai side of Old Mamalahoa Highway, a paved County road, by which the Property is accessed. There is a short section of paved access road, owned and maintained by the County of Hawaii, which runs in an east-west direction and connects Old Mamalahoa Highway with the Hawaii Belt Road. Generally, the traffic along Old Mamalahoa Highway and the paved access road is minimal, consisting mainly of bordering property owners and occupants, and the occasional stray - 6 - tourist. Most through traffic utilizes the Hawaii Belt Road, which runs parallel to the Old Mamalahoa Highway. Anticipated Increase in Traffic This change of zone request for subdivision approval will not in itself lead to any increase in traffic. The families already use the Property as if there were two lots. The County of Hawaii Long-Range Land Transportation Plan, developed in cooperation with the County of Hawaii, which serves as a guide to major surface transportation facilities needs to year 2020, recommends improving Old Mamalahoa Highway along the Hamakua coast to provide a secondary north-south route. These recommended improvements are expected to increase traffic along Old Mamalahoa Highway. However, the short section of Old Mamalahoa Highway, at this location, serves mainly as a secondary access to a limited number of surrounding properties. Potential Impacts from Proposed Use The proposed change of zone is not expected to any impact on traffic along Hawaii Belt Road, Old Mamalahoa Highway or the paved access road. If approved, while a new lot would be created, the number of owners and users would not change. The Adrian family, its descendants and heirs have owned the Property and used it for residential and agricultural purposes for over 100 years. This is not anticipated to change. i. Other Related Information. Applicant has no other related information at this time. j. Proposed On-site and Off-site Infrastructure Elaine Powers' newly built home is already served by HELCO via a long messenger drop pole located on the makai side of Old Mamalahoa Highway in the mid- section of this southern portion of the Property. This messenger pole is attached to a transformer pole, located on a neighboring property, across old Mamalahoa Highway, which is connected to the main overhead power lines located along the Hawaii Belt Road. Additional connections would most probably be taken from this long messenger drop pole. Preliminary discussions with the Department of Water Supply("DWS")have indicated that County water can be made available to one additional lot from existing water lines serving the area. - 7 - B. CONFORMANCE WITH STATE/COUNTY PLANS 2. State Land Use Designation The Property and surrounding areas are situated within the Agricultural District. The subject application is intended to support Applicant's request to rezone the Property, consisting of 10.17 acres, from A-20a (Agricultural, 20 Acres) to A-5a(Agricultural, 5 Acres). See Figure 1. Figure 1: State Land Use District Boundary Map Designations: Green Agricultural Blue Conservation Pink Urban 3. Coastal Zone Management The proposed project is not contrary to the Coastal Zone Management Program, as contained in Chapter 205A, Hawaii Revised Statutes ("HRS"). Although the Property is situated within the County's Special Management Area("SMA") and has frontage along the shoreline,the instant request does not propose any development that will have substantial adverse environmental or ecological effects. Applicant's request is therefore consistent with the objectives, policies and special management area guidelines of HRS, Chapter 205A and the Planning Commission(PC) Rules. - 8 - On March 28, 2011, the County of Hawaii Planning Department granted Elaine Powers' SMA Use Permit Assessment Application relating to construction of her new house and proposed demolition of the original house and garage on her section of the Property, determining that development was exempted from the SMA definitions pursuant to HRS, Chapter 205A-22 and PC Rule No. 9-4(e)(2)(A) (construction of a single family dwelling) and PC Rule No. 9-4 (e)(2)(G) (demolition or removal of structures). Applicant's request proposes similar development with a smaller overall footprint at project conclusion. Applicant's request and proposed use will not materially affect existing public access, scenic or open space resources, coastal view planes or coastal ecosystems. 4. Applicable Goals/Policies and Objectives of the General Plan. The proposed rezoning conforms with the following goals, policies and standards of the General Plan. Flooding and Other Natural Hazards: Goals (a) Protect human life. (b) Prevent damage to man-made improvements. (c) Control pollution. (d) Prevent damage from inundation. (e) Reduce surface water and sediment runoff. (f) Maximize soil and water conservation. Policies (a) Enact restrictive land use and building structure regulations in areas vulnerable to severe damage due to the impact of wave action. Only uses that cannot be located elsewhere due to public necessity and character, such as maritime activities and the necessary public facilities and utilities, shall be allowed in these areas. (b) Review land use policy as it relates to flood plain, high surf, and tsunami hazard areas. (d) Any development within the Federal Emergency Management Agency designated flood plain must be in compliance with Chapter 27. (e) Promote and provide incentives for participation in the Soil and Water Conservation Districts' conservation programs for developments on agricultural and conservation lands. (f) The "Drainage Master Plan for the County of Hawaii" shall be reviewed and updated to incorporate new studies and reflect newly identified priorities. - 9 - (g) Development-generated runoff shall be disposed of in a manner acceptable to the Department of Public Works and in compliance with all State and Federal laws. (k) Develop an integrated shoreline erosion management plan that ensures the preservation of sandy beaches and public access to and along the shoreline, and the protection of private and public property from flood hazards and wave damage. (o) Encourage and provide incentives for agricultural operators to participate in Soil and Water Conservation District Programs. (q) Consider natural hazards in all land use planning and permitting. (r) Discourage intensive development in areas of high volcanic hazard. Discussion: The Property is situated within Flood Zone "X", which is an area determined to be outside of the 0.2% annual chance floodplain. No base flood elevations or depths are shown within this zone. See FHAT Report, attached hereto as Exhibit "C". During the family's long ownership history, flooding has not been an issue. According the General Plan, the community of Laupahoehoe, in which Waipunalei is situated, has not experienced any flood waters. Although the Property is situated within the County's SMA and has frontage along the shoreline, it is elevated from the shoreline by cliffs of approximately 200 feet in height and has no direct ocean access. The Property is situated within Volcano Hazard Zone 9 and has a relatively low risk of inundation by lava flows. Natural Beauty: Goals (a) Protect, preserve and enhance the quality of areas endowed with natural beauty, including the quality of coastal scenic resources. (b) Protect scenic vistas and view planes from becoming obstructed. (c) Maximize opportunities for present and future generations to appreciate and enjoy natural and scenic beauty. Policies: (e) Develop standard criteria for natural and scenic beauty as part of design plans. (h) Protect the views of areas endowed with natural beauty by carefully considering the effects of proposed construction during all land use reviews. (i) Do not allow incompatible construction in areas of natural beauty. - 10 - Discussion: The Property is not listed as a site of natural beauty. The instant application and proposed Project is not intended to interfere with any coastal view planes from the Property and surrounding properties. Applicant's intention is to maintain family ownership of the Property so as to protect, enhance and preserve its natural beauty now and into the future. From Old Mamalahoa highway, the Property is sloped in the makai direction. Existing buildings are not visible from the Belt Highway. Applicant's proposed dwelling site will be located down slope from Old Mamalahoa Highway and will not impede existing views of the coastline. Natural Resources and the Shoreline: Goals (a) Protect and conserve the natural resources from undue exploitation, encroachment and damage. (b) Provide opportunities for recreational, economic, and educational needs without despoiling or endangering natural resources. (c) Protect and promote the prudent use of Hawaii's unique, fragile, and significant environmental and natural resources. (d) Protect rare or endangered species and habitats native to Hawaii. (e) Protect and effectively manage Hawaii's open space, watersheds, shoreline, and natural areas. (f) Ensure that alterations to existing land forms, vegetation, and construction of structures cause minimum adverse effect to water resources, and scenic and recreational amenities and minimum danger of floods, landslides, erosion, siltation, or failure in the event of an earthquake. Policies: (a) Require users of natural resources to conduct their activities in a manner that avoids or minimizes adverse effects on the environment. (c) Maintain the shoreline for recreational, cultural, educational, and/or scientific uses in a manner that is protective of resources and is of the maximum benefit to the general public. (d) Protect the shoreline from the encroachment of man-made improvements and structures. (g) Promote sound management and development of Hawaii's land and marine resources for potential economic benefit. (h) Encourage public and private agencies to manage the natural resources in a manner that avoids or minimizes adverse effects on the environment and depletion of energy and natural resources to the fullest extent. - 11 - (i) Encourage an overall conservation ethic in the use of Hawaii's resources by protecting, preserving, and conserving the critical and significant natural resources of the County of Hawaii. (j) Encourage the protection of watersheds, forest, brush, and grassland from destructive agents and uses. (p) Encourage the use of native plants for screening and landscaping. (x) Create incentives for landowners to retain and re-establish forest cover in upland watershed areas with emphasis on native forest species. Discussion: Although the Property is situated on the coast, the proposed Project will not have any significant impact on shoreline resources, as it is situated on top of high bluffs. The Site is not likely to be a habitat for any federally or State listed candidate or proposed threatened or endangered plant or animal species due to a history of agricultural and residential use and related disturbance. The proposed change of zone will not have a significant effect on natural resources or the shoreline. The proposed application is desirable where it proposes to preserve a parcel of land for family members who have generational connections to the land and an incentive to protect, enhance and preserve it for future generations. The Property is already being used for agricultural purposes on Elaine Powers' side. Applicant's intent is not only for his children to visit and maintain their connection to the land, but to also protect, enhance and preserve its natural resources and view plane through sound management. Land Use— General: Goals (a) Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. (b) Protect and encourage the intensive and extensive utilization of the County's important agricultural lands. Policies: (c) Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. (e) Incorporate innovations such as the "zone of mix" and "mixed use zones" into the Zoning Code. (f) Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. - 12 - Standards (b) Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. (c) Zoning may be recommended on an incremental basis depending upon construction schedule, development of supporting services and facilities, and other pertinent factors bearing upon the performance of the petitioner. Discussion: The instant request and proposed Project conform to the general land use policies, goals and standards where it will protect, encourage and enhance the social, cultural and physical environments of the County by maintaining family ownership and agricultural use of the Property, which has remained in Applicant's wife's family for over a century. Such goals and uses are conforming and appropriate. Land Use—Agriculture: Goals (a) Identify, protect and maintain important agriculture lands on the island of Hawaii. (b) Preserve the agricultural character of the island. (c) Preserve and enhance opportunities for the expansion of Hawaii's Agricultural Industry. Policies (a) Implement new approaches to preserve important agricultural land. (b) Assist in the development of basic resources such as water, roads, transportation and distribution facilities for the agricultural industry. (d) Agricultural land may be used as one form of open space or as green belt. (e) Coordinate and encourage efforts to solve the problems of the agricultural industry in the County of Hawaii. (i) Designate, protect and maintain important agricultural lands from urban encroachment. (j) Ensure that development of important agricultural land be primarily for agricultural use. (1) Assist in the development of agriculture. (m) Assist in the development of water for agricultural purposes. (n) Investigate possibilities to prevent non-agricultural uses that could interfere with potential or existing agricultural activities on important agricultural lands. - 13 - (o) Support efforts to provide tax relief and other incentives to enhance competitive capabilities of commercial farms and ranches, thereby insuring long-term reservation, enhancement, and expansion of viable agricultural lands. (r) Encourage, where appropriate, the establishment of visitor-related uses and facilities that directly promote the agriculture industry. (s) Important agricultural lands shall not be rezoned to parcels too small to support economically viable farming units. (t) Discourage speculative residential development on agricultural lands. (u) Encourage other compatible economic uses that complement existing agricultural and pastoral activities. Discussion: The Property is appropriate for the proposed project. It is just over 10.17 acres in size and is currently zoned A-20a(Agriculture, 20 acres). The purpose of the requested change of zone to A-5a is to accommodate a proposed subdivision of the Property into two lots of roughly five acres each. The land use change applications have been prepared based on a review of the General Plan, district goals, and compatibility with adjacent uses. All public services and utilities are available to the Site. Preliminary discussions with DWS indicate that water can be made available to the proposed new lot, which would take access from Mamalahoa Highway. The proposed changes to the A-5a zoning would preserve the character of the surrounding area. Applicant intends to convey the two new lots to himself and his sister-in-law, Elaine Powers, individually, who are the current owners of the Property, with each becoming the owner of one lot of roughly five acres each. Elaine Powers has already developed her portion of the Property and uses it for residential, pasturing and small-scale farming with her adult son, who lives with her. Ms. Powers does not plan any additional development beyond the current uses. Applicant will also utilize the other portion of the Property for agriculture and construction of a small family home. The Project conforms to and will enhance the polices and goals of the General Plan where it encourages and permits use of the Property by family members whose ancestors have had a connection to the Property for over a century. This use and ownership will continue. While this request does seek a smaller parcel size, five acres is large enough to support economically viable farming units and conforms to surrounding properties of comparable size. Moreover, the instant request will discourage speculative residential development on agricultural lands by providing Applicant's heirs a continued connection to the Property, while encouraging compatible economic and complementary agricultural and pastoral uses. 5. General Plan Designation (LUPAG Map): The Property is designated as "Important Agricultural Lands" ("IAL") on the current.General Plan Land Use Pattern Allocation Guide ("LUPAG") map. See figure 2, - 14 - below. IAL are primarily located along the shoreline as a band below the elevation of 2,000 feet from North Hilo to Waipi o Valley. IAL are considered those with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors and were determined by including: • Lands identified as "Intensive Agriculture" on the 1989 LUPAG maps. • Lands identified in the Agricultural Lands of Importance to the State of Hawaii ("ALISH") classification system as "Prime" or "Unique". • Lands classified by the Land Study Bureau's Soil Survey Report as Class B "Good" soils. (There are no Class A lands on the island of Hawaii.) • Lands classified as at least"fair" for two or more crops, on an irrigated basis, by the USDA Natural Resource Conservation Service's study of suitability for various crops. In North and South Kona, the "coffee belt", a continuous band defined by elevation, according to input from area farmers. • State agricultural parks. Figure 2: L UPAG Map Designations: Light Green Important Agricultural Lands Dark Green Open Area The proposed project is consistent with and does not contradict the IAL designation. The Property is classified as productivity rating "C" on the Land Study Bureau's Soil Survey Report (see below at Para. 14). The entire Property is identified in - 15 - • the ALISH classifications system, with the northern one-third portion from east to west classified as AGType 3, constituting "Other Important Agricultural Land", and the remaining two-thirds classified as AgType 1, constituting "Prime Agricultural Land". (See below at Para. 12 and Figure 4—ALISH Map). The Property will continue to be used for orchard and tree crop cultivation and gardening. No further subdivision or development will occur. In the Hawaii County Food Self Sufficiency Baseline 2012, it is noted that 16% of all truck crop production takes place on parcels of 3 acres or less, 48% of all truck farming occurring on Hawaii Island occurs on parcels of 10 acres or less, and 68% of such production occurs on lands of 20 acres or less. The importance and capacity of small agricultural properties to contribute towards the production of food crops cannot be understated. See Hawaii County Food Self Sufficiency Baseline 2012, Prepared for Hawai`i County Department of Research and Development, by University of Hawai`i at Hilo Geography and Environmental Studies Department, Jeffrey Melrose MURP and Donna Delparte Ph.D, excerpted and highlighted, attached hereto as Exhibit "H". Small parcels of the size proposed by the Applicant allows ownership of lands with agricultural potential to continue to be owned by individual farmers who can still produce sustainable crops on an economic basis, and provides small scale farming opportunities to less wealthy farmers. In this instance, the proposed lot sizes will allow continued family ownership as well as the capacity to maintain viable agricultural uses of the Property. 6. County Zoning The Site is zoned A-20a(see Figure 3 —Zoning Map). - 16 - Figure 3: Zoning Map S p �wtq, `}4 0 \\\\ Thc.„0„,„. 1 ( da Designations: Dark Green A20-a 7. Community Development Plan There is currently no Community Development Plan ("CDP") adopted for North Hilo or Hamakua. A draft CDP "Community Profile" for Hamakua, dated December 2010, which includes the subject Property in its planning area, is merely a descriptive document of existing conditions of the planning area to provide a fact-based foundation to build policies. No adopted version exists at this time. There is also a draft "Proposed Strategies Under Consideration" booklet, for Hamakua, dated October 2011, intended only for Steering Committee review and comment. No final booklet has been adopted or is available. 8. Special Management Area According to the Special Management Area Rule of the County of Hawaii, it is the State policy to preserve, protect, and where possible, to restore the natural resources of the coastal zone of Hawaii. Therefore, special controls on development within the area along the shoreline are necessary to avoid permanent loss of valuable resources and the foreclosure of management options, and to insure that adequate public access is provided to public-owned or used beaches, recreation areas, and natural reserves, by dedication or other means. - 17 - The proposed project is consistent with the above policies and developmental controls. Although the Property is situated within the SMA and has frontage along the shoreline, Applicant's request will not materially affect existing public access, scenic or open space resources, coastal view planes or coastal ecosystems and does not propose any excluded use, activity, or operation which may have a cumulative impact, or a significant or substantial adverse environmental or ecological effect on the SMA. According to PC Rules 9-4(e)(2), "Development" does not include: (A) construction of a single-family residence not part of a larger development; (G) demolition or removal of structures, except those located on any designated historic site; (H) use of any land for agricultural purposes; and(L) changes of zone. The instant request does not conflict with HRS 205A (Coastal Zone Management) and is consistent with the objectives, policies, and guidelines of that Chapter and as enacted by the legislature C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING 9. Description of Property 9.1 Location The subject Property is bounded by Old Mamalahoa Highway on its western side, from which it takes access, and the Pacific Ocean to its east. There is a short section of paved access road, owned and maintained by the County of Hawaii, which runs in an east-west direction and connects Old Mamalahoa Highway with the Hawaii Belt Road,the major thoroughfare for this area. The Property address is 36-2720 Old Mamalahoa Highway, Laupahoehoe, Hawaii 96764. See Exhibit"A", Hawaii County Tax Map 3-06-05. A Google Earth map showing an aerial view of the Property is attached hereto as Exhibit"D". The parcel has approximately 10.17 acres in land area. Surrounding land uses include residential and agriculture. Although the immediate and surrounding vicinity of the Property is zoned Agriculture (A-20a), a small section of parcels just below and to the south of the subject Property are classified Urban on the State Land Use District boundary map. 9.2 Climate The elevation of the Site is approximately 500-1,000 feet above mean sea level. The mean annual rainfall is approximately 120 to 160 inches. The monthly rainfall pattern is usually characterized by a triple maxima, with peaks in March/ April, August, and November/December, and lows in February, June, and September/October. Orographic rainfall increases during the summer months (May-September)because of more persistent tradewinds. During the winter months (October-April), the greater frequency of storm systems produce widespread rainfall over the entire State. Temperatures average around 70°F in - 18 - the winter and 75°F in the summer. Lows range from 63°F- 68°F and highs from 79°F- 84°F. 9.3 Topography, Slope and Soils The topography of the Site slopes in the makai direction. The soils appear to fall into two classifications: (1) Akaka-Hookaa- Kaiwiki Soil Association, which are generally deep, gently sloping to steep, moderately well-drained and well-drained soils that have a moderately fine textured subsoil formed in volcanic ash. These soils are high in organic-matter content, are very porous, and are continuously wet. They are located on uplands at elevations ranging from sea level to 6,000 feet and receive from 80 to more than 200 inches of rainfall annually. This association includes Akaka Silty Clay Loam, 0-10% slopes and 10-20% slopes; and (2) Kukaiau-Ainakea-Paauhau Soil Association, which are generally deep and moderately deep, gently sloping to steep, well-drained soils that have a moderately fine textured subsoil formed in volcanic ash or basic igneous rock. They are located on uplands at elevations ranging from sea level to 2,500 feet and receive from 50 to 140 inches of rainfall annually. This association includes Kukaiau silty clay loam, 6-12% slope, 12- 20% slope and 20-35% slope as well as Paauhau silty clay loam, 6-12% slope, 12- 20% slope and 20-35% slope. 10. Lava Hazard Zone The United States Geologic Survey ("USGS") classifies the Property as Lava Flow Hazard Zone 9 on a scale of ascending risk, 9 being the lowest risk and 1 being the highest. 11. Distance from Coastline The Property is directly adjacent to the Pacific Ocean, separated by cliffs of approximately 200 feet. 12. Agricultural Lands of Importance to the State of Hawaii ("ALISH") Designation The entire Property is classified as identified as ALISH Lands, with the northern one-third portion from east to west classified as AGType 3, constituting, "Other Important Agricultural Land", and the remaining two-thirds classified as AgType 1, constituting, "Prime Agricultural Land." (See Figure 4—ALISH Map.) - 19 - Figure 4: ALISH Map .4 oUl tME0oio10 Designations: Green AGType 3 Blue AGType 1 Other Important Agricultural land is land other than prime or unique agricultural land that is of Statewide or local importance for the production of food, feed, fiber and forage crops. The lands in this classification are important to agriculture in Hawaii yet they exhibit properties, such as seasonal wetness, erodibility, limited rooting zone, slope, flooding, or droughtiness, that exclude them from the Prime or Unique agricultural land classifications. These lands can be farmed satisfactorily by applying greater inputs of fertilizer and other soil amendments, drainage improvement, erosion control practices, flood protection and produce fair to good crop yields when managed properly. Prime Agricultural Land is land best suited for the production of food, feed, forage, and fiber crops. When treated and managed, including water management, and according to modern farming methods, the land has the soil quality, growing season, and moisture supply needed to economically produce sustained high yields of crops. The proposed land use changes will not affect the productive nature of the Property, but will allow family ownership to continue. As mentioned above, - 20 - Applicant's co-owner, Elaine Powers, engages in small-family pasturing activities and maintains many fruit bearing trees on her section of the Property. Applicant's intent is to construct a small dwelling for his children to visit temporarily and so that they maintain a connection to this ancestral land. Applicant also plans to engage in his own small-scale agricultural and pasturing activities with his children's support and assistance, including planting more fruit trees, assisting Elaine Powers with pasturing her animals, potentially maintaining some animals on his side as their numbers increase, and possibly raising chickens for eggs and meat. 13. USDA Natural Resources Conservation Services Soil Service Report soil type The Soil Survey Report classifies the soil as Ookala medial silty clay loam, 10 to 20 percent slopes and Ookala-Rock outcrop complex, 35 to 100 percent slopes. 14. Land Study Bureau ("LSB") Soil Rating The Property is classified as productivity rating C. According to the Land Study Bureau, Factor C accounts for the variations in the slope of the land. The slope classes are designed to differentiate ease of irrigation and use of mechanical equipment, susceptibility to erosion, amount of surface runoff, and suitability for commercial forest production. In general, slopes exceeding 35 percent are considered too steep for cultivated crops, and slopes greater than 80 percent are assumed impractical for commercial forest production. 15. Flood Insurance Rate Map ("FIRM") Designation The FIRM Designation of the Site is Zone X. The Panel Number is 155-166- 0250C. The Panel is not printed. A footnote to the Panel states that there is minimum tsunami inundation. According to the Flood Plain Manager for the County of Hawaii Department of Public Works, there are no distinct erosional features and no blue line features on this Site. 16. Existing Drainageways or Improvements There are no known drainageways or other similar improvements crossing the Property. The Flood Hazard Assessment Tool is attached as Exhibit "C" (FHAT Report). Applicant is not aware of any flooding issues affecting the Property. 17. Air/Noise/Water Quality The proposed project is not expected to have a significant effect on air or water quality, nor is it expected to be a significant noise generator. There may be additional noise generated in relation to the construction of the proposed dwelling on Applicant's side of the Property, as well as noise associated with removal and/or demolition of existing structures. There may also be noise generated in association with additional - 21 - agricultural activities. However, most of this noise will be of a temporary or minimal character or is already present on the Property and is not expected to pose a significant problem. Air quality will be maintained or even improved with the planting of trees and use of animals as natural mowers. Water quality will not be affected. Historic Resources: 18. Existing Archaeological, Cultural or Historic Sites on National or State Register The Site has been used for residential and agricultural purposes (pasturing, gardens, fruit trees) since at least 1908, when Applicant's wife's forebearers purchased it and built a dwelling soon after. As such, the existence of any surface or subsurface archaeological remains is extremely unlikely. None are currently known to exist. After a site visit to the Property on March 13, 2013, SHPD determined that Applicant's "current request involves no ground disturbance or activities that would have an impact on any of the walls present that are determined to be historic." See Exhibit "G", attached. SHPD Architecture Branch also determined that the existing, but severely deteriorated, 1908 dwelling "does not possess sufficient integrity or unique characteristics to make it eligible for the State Register". Id. Thus, based on its site visit and architectural review, SHPD has determined that "no historic properties will be affected by the current application." Id. (emphasis in original). Natural Resources: 19. Existing Flora/Fauna Resources The parcel has been extensively disturbed during its more than 100 years of residential and agricultural use. The Adrian family, the original purchasers in 1908, built several "dry stack" dividing and/or retaining walls throughout the Property, which are generally in a current state of disrepair. They also built a home, now partially dilapidated, and an extensive garden, which has been scaled back considerably since Betty Bolner's mother, an avid vegetable gardener, passed away. The descendants of the Adrian family have also built structures on, or brought them onto, the Property, including the previously discussed trailer on Applicant's side and Elaine Powers' newly constructed home. There is also a split-rail/barbed wire fence more or less equally down the middle for maintaining the pastured animals. This fence also runs along the perimeter of the Property on all sides except makai. The Property contains no special trees or indigenous plants, and the only vegetation on the Site appears to be made up of introduced species, including several large California plum trees, a couple of silver oaks, various fruit trees, including: banana, breadfruit, peach, lychee, avocado, orange and mango, and wild guava everywhere. Elaine Powers' side of the Property is kept well mowed by the animals. Applicant's side is more contoured and overgrown with about one-half(i ) acre mowed. The Property was also likely used for pasture during the Adrian family's original acquisition. Previous - 22 - to that it may have been used for the cultivation of sugar cane, which was ubiquitous in this area. Due to the history of extensive disturbance, the parcel does not contain any habitat for any federally or State listed candidate or proposed threatened or endangered plant or animal species. 20. Scenic or Coastal Resources The Property is located above and along the coastline, up on cliffs of approximately 500-1,000 feet high. There is no access to either the mountains or the ocean from or through it. There is a view of the ocean from the Property. The proposed Project is not expected to impact the existing view of the ocean. The Property slopes toward the ocean and dwelling improvements will not impact scenic views. Valued Cultural Resources: 21. Existing Traditional and Customary Native Hawaiian Rights Exercised Applicant is not aware of any traditional and customary native Hawaiian rights that are exercised in the area as it has been in residential use for over 100 years. Public Access: 22. Existing Public Access to and Along Shoreline or Mountain Areas There is no existing public access to and along the shoreline or to mountain areas through or proximate to the Property. Social-Economic Characteristics: 23. Social Settlement Pattern for the Area Most of the early history of the Hamakua district centers on Waipio Valley, which was settled early and was the home of several strong rulers as early as the 13th century. Among the chiefs of Waipio were Liloa and his son, Umi. The traditions regarding Liloa indicates he was the first to rule over the entire is land and his rule was one of peaceful diplomacy. In 1823, the Rev. Ellis counted 265 houses in the valley and estimated the population at 1,325. The number of residents has declined steadily since Ellis' estimate. The same is true of the once populated Waimanu Valley. Hawaiians also lived in the smaller valleys and gulches along the Hamakua coast and were known to cultivate taro. In relatively recent historical times, there have been Asian and European influences in Hamakua, due primarily to the sugar industry. These influences have erased much of the physical evidence of the earlier culture, but have also introduced a different perspective on historic sites. Commercial sugar operations closed in Hamakua in 1994. 23 24. Economic Resources of the Area The larger District of North Hilo, where this Waipunalei Property is located, continues to grow, even though sugar is a commercially dead industry. This growth is mostly attributed to the major resort activities in South Kohala, the continuing settlement of the rural homestead areas, and lands once used for sugar case production made available for new and various crops. Honokaa town, to the North of the Property, is primarily the commercial and residential center of the district, but there are several smaller communities along the Belt Highway that serve primarily as residential settlements related to the former sugar plantations. At the higher elevations, there are scattered homesteads and ranches. Visitor accommodations are available at a 19-unit hotel in Honokaa, as well as various bed and breakfast operations scattered throughout the district. The economic mainstays of this area continue to be agriculture, mainly cattle, macadamia nuts, and various crops, including taro, watermelons, tomatoes, ginger, kava, coffee, and other vegetables serve as the greatest sources of income and employment for Hamakua. A large timber operation has initiated plantings of eucalyptus in its effort to establish a 15,000-acre eucalyptus plantation. The investment includes $29,000,000 in Hamakua and has already created 100 full-time jobs. A 1981 study to identify the best potential forest lands within the County identified 80,000 acres, mostly located along the Hamakua coast between the 1,000 to 3,000-foot elevations. On July 28, 2000, a joint announcement was made by the Hawaii Forestry and Communities Initiative (Na Hoa Mahi ai) and the State Department of Land and Natural Resources to cultivate a 40-acre parcel of State land at Ookala with high value hard woods such as koa,milo, kamani, mahogany, pheasantwood, and narra, with 25 percent of the area dedicated to the restoration of a lowland native rainforest. The project is unique in that the land, under the jurisdiction of the DLNR Division of Forestry and Wildlife, will be actively managed by a consortium of community groups from the Ookala-Laupahoehoe area, with technical assistance provided by forestry and other natural resource experts from the State, the University of Hawaii and several federal agencies. Manufacturing within the district is limited to the processing of macadamia nuts and other agricultural products. The 60-megawatt co-generation power plant at Haina will encourage other manufacturing activities by providing thermal energy (waste heat)that could be utilized for drying of macadamia nuts or aquaculture activities. 25. Land Values According to the Hawaii County Real Property Tax website, land values of agriculturally-zoned parcels in the immediate area (on the ocean side of Mamalahoa highway) range from $189,500 to $846,100 and range in size from 1.184 acres to over ten acres. Parcels across Mamalahoa Highway were.not analyzed. 24 Surrounding Lands: 26. Land Use As described above, the surrounding areas are, for the most part, situated within the Agricultural District, with uses being generally a mix of agricultural and residential. The strip of land along the coast is classified as Conservation. There is also a small portion of 14 lots, a majority of which are less than one acre in size, one lot south of the Property, which is classified Urban. 27. Zoning The immediately surrounding lots are all zoned Ag-20a. Lot sizes in the immediate vicinity range between 10 acres [the subject Property; TMK No. 3-6-005:002 (9.513)] to less than ten acres [TMK Nos. 3-6-005:004 (7.98 acres); :005 (5.623 acres); :030 (4.035 acres)], to an acre or less [TMKs: 3-6-005:033 (1.1889 acres); :034 (.11 acres); :118 (.2239 acres); :102 (.2065 acres); :101 (.523 acres); :104 (.5088 acres)]. D. PUBLIC FACILITIES AND SERVICES 28. Description of Access The Property takes access from Mamalahoa Highway. 29. Availability of Water Preliminary discussions with DWS indicate that water can be made available from existing waterlines on Mamalahoa Highway. 30. Sewage Disposal There is no municipal sewer service in Laupahoehoe. As such, any new residential construction would be required to install an individual wastewater system. Applicant's building plans include an appropriate septic system. 31. Solid Waste The nearest solid waste transfer station is located in Laupahoehoe. 32. Police and Fire Protection The Site is located in the Hamakua Police Patrol District, which covers 223 square miles and 18 sworn positions, and is approximately 15.6 miles from the Hawaii Police Department, Hamakua District(45-3400 Mamane Street, Honokaa) and approximately 2.2 miles from the Hawaii Police Department, Laupahoehoe District (Pu'ualaea Homestead Road and Mamalahoa Highway). 25 For fire fighting, the Site is within the service areas of Honokaa, approximately 15.6 miles from the Hawaii County Fire Department Station 8 (45-3380 Mamane Street) and Laupahoehoe, approximately 2.2 miles from the Laupahoehoe Volunteer Fire Station 17A (Pu'ualaea Homestead Road and Mamalahoa Highway). Together with the fire stations in Hilo, these are located approximately 10 miles apart and provide adequate response times for fire fighting. 33. Schools The Laupahoehoe High and Elementary School complex serves 250 students from kindergarten through the 12th grade level. The Honokaa High School Complex is comprised of Honokaa High School, Waimea Elementary and Intermediate School, Paauilo Elementary and Intermediate School,Honokaa Elementary School, and Waikoloa Elementary School and serves 3,258 students from kindergarten through the 12th grade level. Honokaa High School accommodates students from South Kohala as well as from the Hamakua district. The Laupahoehoe library is a joint community-school facility housing 20,277 volumes. The community facility in Honokaa has 16,705 volumes. The proposed project will result in an increase of one lot, to be conveyed to Applicant for residential and agricultural use for his existing family, who already utilize the Property. The Project is not expected to result in impacts to the school system. 34. Parks The nearest beach park is Laupahoehoe Point. There is also a community park in Laupahoehoe town. 35. Other Utilities and Services All utilities are available via overhead lines along Mamalahoa Highway. E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS 36. Relationship between short term uses of environment and maintenance and enhancement of long term productivity. The Property has been used for residential and agriculture purposes for many years. Prior to residential use, it is likely that it was also used for pasture and agriculture. If the proposed land use changes are approved, and Applicant is allowed to subdivide the Property, the long term use of the Property for residential and agricultural purposes would continue to be appropriate. The proposed land use changes would allow the Applicant, who is elderly, to put his affairs in order with regard to disposition of his assets. Change of Zone and subdivision would allow a more productive use of the land and additional opportunities for family ownership and agricultural use. 26 37. Mitigative Measures proposed to avoid, minimize, rectify or reduce impact. Applicant has not identified any significant impacts that the proposed land use changes might have on resources or public services. 38. Alternatives to the proposed development. Alternatives to the proposed development include only leaving the Property as-is. Under this alternative, Applicant would not be able to divide the Property into two lots, and common ownership amongst heirs would continue. This would hinder Applicant with his agricultural plans for the Property. In the future, division of the Property between the current two owners' heirs would be more difficult. A partition action would likely require a sale of the Property. 39. Irreversible and irretrievable commitments of natural resources that would be involved if proposed action implemented. 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I 111 q > *4.. ). ,a,cLo dlir O O x 70 (T( -<aRc� cn • il 0mx .0o 11 0 o o mp N O_ W im o Z 111 EXHIBIT "B" I , "",a.�e.F ,,t i .r.1:, 4}Ila" ri . , FLOOD HAZARD ASSESSMENT REPORT -::( / h �a? rrt rlr�' >\\\\ ''''\ iii P \ milk P .� EL NO RI TEO 411 IF I QJPi, TS UPIA N A ''10 ._ , c�� P'r�ZO( F X RY (3) 3-6-005 QOS 1\ .'s.)=k0 dAr itliri r k \ \ :rl4ffii[irill- g y l Co = ct County 0 .5� . (300) 96 -A" Jtt t'J0 ' PRIN ED 4* * ter. ., ... r i.. * - . - - �• Mir .ti I ` •(1{ ,.. • ' It VI . ►' , i • , 4° -4 \ \-\< NATIONAL FLOOD INSURANCE PROGRAM FLOOD ZONE DEFINITIONS PROPERTY INFORMATION SPECIAL FLOOD HAZARD AREAS SUBJECT TO INUNDATION BY THE 1%ANNUAL COUNTY: HAWAII CHANCE FLOOD—The 1%annual chance flood(100-year flood),also known as the base TMK NO: (3)3-6-005-003 flood,is the flood that has a 1%chance of being equaled or exceeded in any given year. PARCEL ADDRESS: 36-2720 OLD MAMALAHOA HIGHWAY The Special Flood Hazard is the area subject to flooding by the 1%annual chance flood. LAUPAHOEHOE,HI 96764 Areas of Special Flood Hazard include Zone A,AE,AH,AO,V,and VE. The Base Flood FIRM INDEX DATE: APRIL 02,2004 Elevation(BFE)is the water-surface elevation of the 1%annual chance flood. Mandatory LETTER OF MAP CHANGE(S): NONE flood insurance purchase applies in these zones: FEMA FIRM PANEL(S): • Zone A: No BFE determined. Zone AE: BFE determined. ® Zone AH: Flood depths of 1 to 3 feet(usually areas of ponding);BFE determined. Zone AO: Flood depths of 1 to 3 feet(usually sheet flow on sloping terrain); average depths determined. ® Zone V: Coastal flood zone with velocity hazard(wave action);no BFE determined. PARCEL DATA FROM: JULY 2011 ■ Zone VE: Coastal flood zone with velocity hazard(wave action);BFE determined. IMAGERY DATA FROM: MAY 2005 ® Zone AEF: Floodway areas in Zone AE. The floodway is the channel of stream IMPORTANT PHONE NUMBERS plus any adjacent floodplain areas that must be kept free of encroachment so that the 1%annual chance flood can be carried without increasing the BFE. County NFIP Coordinator NON-SPECIAL FLOOD HAZARD AREA—An area in a low-to-moderate risk flood zone. County of Hawaii No mandatory flood insurance purchase requirements apply,but coverage is available in Frank DeMarco,CFM (808)961-8042 participating communities. State NFIP Coordinator Carol Tyau-Beam,P.E.,CFM (808)587-0267 ® Zone XS(X shaded): Areas of 0.2%annual chance flood;areas of 1%annual chance flood with average depths of less than 1 foot or with drainage areas less Disclaimer:The Department of Land and Natural Resources(DLNR) than 1 square mile;and areas protected by levees from 1%annual chance flood. assumes no responsibility arising from the use of the information contained in this report. Viewers/Users are responsible for verifying the Zone X: Areas determined to be outside the 0.2%annual chance floodplain. accuracy of the information and agree to indemnify the DLNR from any OTHER FLOOD AREAS liability,which may arise from its use. If this map has been identified Zone D: Unstudied areas where flood hazards are undetermined,but flooding is as'PRELIMINARY'or'UNOFFICIAL'. 9 please note that it is being provided for informational purposes and is possible. No mandatory flood insurance purchase requirements apply,but coverage not to be used for official/legal decisions.regulatory compliance,or flood is available in participating communities. insurance rating. Contact your County NFIP coordinator for flood zone determinations to be used for compliance with local floodplain management regulations. EXHIBIT "C" i 4 1 • 1 1 1 I P i h w 0,5,, 0 ,L y . ` - 36-2720 Old Mamalahoa Hwy, Waimea t} k imp y Waipurta 9/ a *' Image'2013 Dig�taiGGooe 4 ? ` . (...1. (N it' ' -i-I 1 2013 Google , L . Google earth feet 11000 A meters 500 EXHIBIT "D" LIST OF SURROUNDING PROPERTY OWNERS OF TMK NO. 3-6-005:003 TMK NO. NAME ADDRESS 3-6-004:008 Hamakua Housing Corp. P.O. Box 279 Paauilo, HI 96776 3-6-004:010 County of Hawaii, Dept. of Parks 101 Pauahi Street, Ste. 6 & Recreation Hilo, HI 96720 3-6-004:011 B P Bishop Estate Trustees,Kam P.O. Box 3466 Schools Honolulu, HI 96801 LHFLopiwa LLC 77 Franklin Street Boston, MA 02110 3-6-004:028 n/a 3-6-005:087 3-6-005:088 3-6-005:001 State of Hawaii, DLNR 75 Aupuni Street Hilo, HI 96720 3-6-005:002 Karen L. Essen berg 24562 Artemia Avenue Mission Viejo, CA 92691 EXHIBIT "E" 3-6-005:004 Craig Tennant& Reed Santos P.O. Box 382 Laupahoehoe, HI 96764 3-6-005:005 John Martin Family Trust P.O. Box 15 3-6-005:072 Laupahoehoe,HI 96764 3-6-005:077 3-6-005:026 Emily R. & Joy M. Rogers P.O. Box 335 Laupahoehoe, HI 96764 Elizabeth M. & Raymond L. P.O. Box 49 Gagner Laupahoehoe, HI 96764 3-6-005:027 Alan K & Tamara L. Chung P.O. Box 187 Laupahoehoe, HI 96764 3-6-005:029 George Anthony Martin P.O. Box 15 Laupahoehoe,HI 96764 3-6-005:030 Arthur E. &Ann M. Buck 1988 12725 Calma Court 3-6-005:090 Trust San Diego, CA 92128 3-6-005:033 Norman R. Wassman, III P.O. Box 155 Laupahoehoe, HI 96764 3-6-005:034 Paula M. Dickey P.O. box 86 3-6-005:037 Laupahoehoe, HI 96764 3-6-005:036 Darcy David Nobriga P.O. Box 72 Laupahoahoe, HI 96764 3-6-005:038 Marian A. De Luz P.O. Box 238 3-6-005:039 Honokaa, HI 96727 3-6-005:040 John F. &Andrea R.Adrian, Jr. 2135 Ainaola Drive Hilo, HI 96720 3-6-005:041 Eleanor A. Garcia 2315 Apoepoe Street Pearl City, HI 96782 3-6-005:042 Mark K. & Mervin F. Gilliland P.O. Box 286 Laupahoehoe,HI 96764 3-6-005:085 Joseph Scott& Laurie A. Dale P.O. Box 513 Laupahoehoe,HI 96764 3-6-005:089 De Conte Joint Trust P.O. Box 184 Laupahoehoe,HI 96764 3-6-005:101 Joseph & Thelma Loyola & P.O. Box 23 Beverly J. Loyola Trst Laupahoehoe,HI 96764 3-6-005:102 Santos R. & Susan R.Arsenal P.O. Box 235 Laupahoehoe, HI 96764 3-6-005:104 John Martin Family Trst& Jane P.O. Box 15 B. Martin Laupahoehoe, HI 96764 Richard T. & Martha A. Webster 1941 Jones Street San Francisco, CA 94113 George A. Martin unknown 3-6-005:105 Ireneo & Unchalee Rimando P.O. Box 118 Laupahoehoe,HI 96764 3-6-005:110 Joseph DeFrank 94-506 Oliona Place Mililani, HI 96789 3-6-005:117 Alan K.F. & Tamara L. Chung P.O. Box 187 Laupahoehoe,HI 96764 3-6-005:118 Greg Smith P.O. Box 973 Haiku,HI 96708 William P.Kenoi `°:F".!yam Nancy E.Crawford Mayor ; Finance Director :" �LiT,�, Deanna S. Sako Deputy Director '•ter.;...°•w'.= County of Hawaii DEPARTMENT OF FINANCE-REAL PROPERTY TAX Aupuni Center,101 Pauahi Street,Suite 4 • Hilo,Hawai`i 96720-4224 • Fax(808)961-8415 Appraisers(808)961-8354 • Clerical(808)961-8201 • Collections(808)961-8282 West Hawai`i Civic Center • 74-5044 Ane Keohokalole Hwy. • Bldg.D,2nd Flr. • Kailua Kona,Hawai`i 96740 Fax(808)327-3538 • Appraisers(808)323-4881 • Clerical(808)323-4880 REAL PROPERTY TAX CLEARANCE Date: 05/16/2013 TMK(s): (3) 3-6-005-003-0000 This is to certify that the real property taxes due to the County of Hawai`i on the parcel(s) listed above have been paid for the tax year 2012-2013 up to and including June 30, 2013. The County's real property taxes are levied on July 1st each year. The taxes become a lien on the property assessed as of the levy date. This clearance was requested on behalf of POWERS,ELAINE and BOLNER,ELIZABETH A for the County Planning Department and is issued for this/these parcel(s) only. I �'lv ■LUIIIV 11&. by Roc'elle Marzo, clerk III REAL PROPERTY TAX DIVISION Paid up to and including June 30, 2013. Tax Clearance for Planning Department(rev.3/11) Hawai`i County is an Equal Opportunity Provider and Employer EXHIBIT "F" ■ • WILLIAM J.AILA,JR. .s 0 R CHAIRPERSON NEIL ABERCROMBIE ,,'fAt •'yq{y; BOARD OF LAND AND NATURAL RESOURCES ARP.•" .959 �'•.,9 COMMISSION ON WATER RESOURCE MANAGEMENT GOVERNOR OF HAWAII :r ' y' - '�''`�'°i ESTHER KIA'AINA 1 •' FIRST DEPUTY It nd and ok I _1� ',`lel WILLIAM M.TAM r� 4 `gib .. 7-'• .c�7'�� �i :Du::-WATER � WPt U+`tfY a�:Q, . ARCES Q •Chi' BOANECREATION v mDf --P_Q4;..,9,e-, YANCES '- -- COMMISSION ON WATER RESOURCE MANAGEMENT 1 CONSERVATION AND COASTAL ENFORCEMENT �'1 HISTORIC PRESERVATION DIVISION CONSERVATION AND EI.'FORCEMEI.T ENCm'ee7uNc s„r-}" ° DEPARTMENT OF LAND AND NATURAL RESOURCES FORESTRY AND RESERVE WILDLIFE ra�ofNa KAHOOLAWE SLLANDRESERVECO COMMISSION LAND 601 Kamokila Boulevard,Suite 555 STATE PARKS Kapolei,HI 96806 March 20,2013 Thomas L.H.Yeh LOG NO:2013.1825 Law Offices of Yeh&Moore DOC NO: 1303SN12 85 W.Lanikaula Street - Archaeology Hilo,HI 96720-4199 Architecture Dear Mr.Yeh SUBJECT: Chapter 6E-42 Historic Preservation Review— County of Hawaii Subdivision Request and Rezoning for Elaine Power's Property Waipunalei Ahupua`a,North Hilo District,Island of Hawai`i TMK: (3)3-6-005:003 Thank you for the opportunity to review this request for a no effect determination for the aforementioned parcel. Your application was received by our office on February 13, 2013. According to the request, the 10.17 acre parcel will be subdivided into 2 lots of approximately 5 acres in size. The application also requests that the property be rezoned from A-20a to A-5a to facilitate the subdivision of the parcel. On March 13,2013, SHPD archaeologist Sean Naleimaile conducted a site visit with Mr. Bolner, Thomas Yeh, Jill Raznor and Mr. Bolner's son Woody Bolner to determine the impacts of the subdivision on historic properties within the parcel. The property has been in Mr. Bolner's wife's family ownership since at least 1908. Mr. Bolner stated in the visit that current plans for the property are that it remain as it is until such time when a new dwelling will be built on the newly subdivided northern part of the existing parcel. SHPD's has concerns relating to the presence of historic walls on the property that are shown on an early map for the property. An additional concern was the original home that is on the parcel that was built in 1908. Mr. Bolner confirmed that the walls and house were a part of the early history of the house. The request for rezoning and subdivision are to facilitate family estate planning for the future. The current request involves no ground disturbance or activities that would have an impact on any of the walls present that are determined to be historic. The SHPD Architecture Branch has determined that the 1908 dwelling does not not possess sufficient integrity or unique charateristices to make it eligible for the State Register.Based on the findings of the visit and the architectural review, SHPD believes that no historic properties will be affected by the current application. We request that SHPD be contacted if any modifications to the historic walls or any land alteration such as grading or grubbing is planned in the future. Please contact Sean Naleimaile at(808)933-7651 or Sean.P.Naleimaile @Hawaii.gov if you have any questions or concerns regarding this letter. Aloha, 4:1 / MAR 2 2 2013 Theresa K.Donham Archaeology Branch Chief cc: Ross Stephenson,Architecture Branch EXHIBIT "G" t 4sjp}1,,,,x'"w �.ztrr 7ai,.,,', aAr , , _ 0 gj*,,, ' .: ---. ra f 'ti+,ai J 5 RA ‘"':..„-le 4t1::'"'",i-",-..;;,. , 44111% Y.. Hawai`i County Food Self-Sufficien Baseline 2012 .. . ..yr 1.,44',3,:,„:',; ° :7,-.,,�a 'S.r4.d :yr, , al r � t r+`X a;a, 0 ,gyp f y , duets. .: S r a�. A 4 ��w ,.1 M.ibb Prepared for ' ',,' 1... , Hawaii County Department of Research and Development � � 9 Prepared by , to) ' „ ° . A/; Universrly of Hawai`i at Hilo :;41'2,....."4-1'".;, ,.-.07)''," 7)' " '""` 7 4'°'"" ``',, Geography and Environ ental °rr�� ,� ;� / � Ires;D�partm Jeffrey Melrose MURPa w� _ ." Donna Delparte,f?hD EXHIBIT "H" Arrroimmerran I Baseline Study for Food Self-Sufficiency in'Loyal',County -41 3.5 Agricultural Land Use Statistics North Kohala,H3makua,South Hilo,Puna and Ka'cu. Unique lands amount to only",686 acres located in areas where a • The State and County employ several land use regulatory and small portion of the coffee crop grows in North and South classification tools to define the quality and allowable uses of Kona and the taro lands on the floor of Waipio Valley. Other agricultural land. This section provides a summary of some of lands amount to the bulk of the ALISH classification system those classification systems as they relate to the actual farming with 436,000 acres scattered in pasture and crop areas around that takes place on Hawaii Island. the island. 3.5.1 State Land Use Agriculture % of Current Crops by ALISH Soil I-lawai'i Island's total land area is roughly 2,580,000 acres,of Types which 1,185,000 acres(48%) are in the State Land Use Agricul- Not tural district. Of that total agricultural land,42,744 acres(4%) Classified Prrme 0 are in active crops,20,700 acres(2%)are in commercial for- 24% 34 h estry,and 638,000 acres(54%) are in pasture use. The remain- ing 40%of the State Agricultural district on Hawaii Island is not utilized. Unique 3.5.2 LSB Soil Classification other 4,: a ,'-: 2% 40% The Land Study Bureau(LSB) classified Hawai`i'ssoils into five categories from A to E depending on their relative fertility and Figure 12.Crops by ALISH Soil Types % general grow Overlaying the existing crop map on the ALISH classifications /o of Current Crops by LSB Soil Class ing conditions, indicates that 34%of the currently cultivated lands are in the Since soils are E e Prime category,just 2%are in the Unique category and 400 24% t 3% relatively young are classified as Other. 24%of the existing crop base is on land on Hawai`i that is not even classified as Agricultural Lands of Importance Island there are to the State of Hawaii(Figure 12). no A class soils 38% on the Island. B 3,6 Hawaii County General Plan: a soils represent 27% what the LSB Important Agricultural Lands would call the Figure 11.Crops by LSB Soils Class The County's General Plan contains a map to guide the alloca- best of our ag- tion of land uses in the County. One of the categories inserted rice Mural lands. Based on the current foot print of crops, 13° in the 2005 GP Update is referred to as Important Agricultural of existing crops are on B class soils. 3690 are on C class soils Lands. This category of use is defined in the plan as follows: and 51".,are on soils classed as D or E. Figure 11 summarizes the area in current crop production in each of the four soils Important Agricultural Land:Important agricultural lands classes on Hawaii Island. are those with better potential for sustained high agricultural yields because of soil type,climate,topography,or other fac- There are 46,430 acres of land in the B soil class,while just tors.Important agricultural lands were determined by includ- 5,363 acres(12%)are in active crop production in 2012. This ing the following lands: would suggest that the agronomic quality of Hawaii Island soils alone is not necessarily the best predictor of where farm- • Lands identified as"Intensive Agriculture"on the 1989 ing is likely to take place. Other factors like location,land General Plan Land Use Pattern Allocation Guide maps. ownership,irrigation accessibility wind etc.play key rotes in • Lands identified in the Agricultural Lands of Importance decisions about farm location. to the State of Hawaii(ALISH)classification system as "Prime"or"Unique" 3.5.3 Agricultural Lands of Importance to the State 41f Hawaii (ALISH) • Lands classified by the Land.Study Bureau's Soil Survey • Report as Class B"Good"soils. (There is no Class A land The State also uses the ALISH soil classification system to on the island of Hawaii) distinguish the quality of agricultural soils. ALISH has three Cclassifications,Prime,Unique and Other that covers 552,267 • Lands classified as at least"fair"for two or more crops, acres,or about 47%,of the State Land Use Agricultural land on an irrigated basis,by the USDA Natural Resource on Hawaii Island. Prime land accounts for 114,501 acres and Conservation Service's study of suitability for various follows the general footprint of the former sugar industry in crops. II 42-Baseline Study for Food Self-Sufficiency in Hawai`i County • In North and South Kona,the"coffee belt',a continuous the vitality of the agricultural industry. ALISH,for example, band defined by elevation,according to input from area was adopted in the 1980's when sugar was still a dominant farmers. land use in the State. As a result,all the former cane lands • State agricultural parks'. were generally classed as Prime,in part,because they were currently in production. With the departure of sugar,new The Important Agricultural Land category in the General agriculture has evolved differently but the ALISH classifica- Plan encompasses a total of 38 1,657 acres of which just Iron remains a commonly used tool to describe agricultural 35,080 acres or 9%are in active crop use in 2012. productivity. Further,there is a substantial over statement of 3.6A Existing Parcel Size and Truck Crop What lands are"Important' for agricultural use for fear ,ore Crop Lands Production the lands that were not Properties with truck crops are here most of the fresh yegeta classified as agriculturally are the lands �� hies are grow on Hav ai`i Island. The size of the parcels where valuable,might become Chew crops are grown give us an indication about the land use the target of new land use ?-o??? which circumstances in which vegetable farming is currently taking development activities. additional food place.Figure 13 displays the percentage of land in truck crops The presence of existing ir- based on the size of parcel they are grown.on. 16%of all truck rigation systems is often Self sufficiency crop production takes place on parcels of 3 acres or less. 68% used as a key factor in de- is most likely to takes place on lots 20 acres or less. These numbers emphasize termining the relative value the importance of small agricultural properties to the produc- of agricultural land. In the emerge because tion of food crops. Smaller agricultural lots are not always the Waimea area, this relation- enemy of future agricultural production since 48%of all truck ship between intensive ag- it is where the farming that is currently occurring on Hawaii Island happens riculture and the availability conditions that on parcels less than 10 acres in size. Preserving large agricul- a State operated irriga r turai parcels may be less of an issue in food production than tion system is fairly clear, support sustained are the incentives and circumstances in which farmers can get particularly in the Lalamilo access to reasonably sized properties for farm purposes. area. In North Kohala and ac ?"IC ultu?"e in Hamakua, the existence already exist. of functioning,former plan- Parcel Sizes Producing Truck Crops Cation era ditch systems is 70400 Acre 100-200 Acre less a determinant of where farming actually happens. In both 50-70 Acre 2% 2% 200+ of these cases,there is very little active,irrigated crop produc- 40-50 Acre 2% \t .- 4% 3 Acre or Less a% ii tion taking place 15% 30-40 Acre A comparison of the existing land use and soil classification systems with a map of current farm activities suggests that 20-30 Acre 12% these tools are not necessarily efficient predictors of where farming occurs on Hawaii Island. The General Plan Impor- 3-t0 Acre tart Agricultural Land category designates 91%more land 10.20 Acre 32% 22% than is in current crop production and only 4%of the State Figure 13.Parcel Sizes Producing Truck Crops Agricultural District is in an active agricultural crop.Only 12%of the B classed soils are in active crop production,and 64%of existing crop activity occurs on lands that ALISH refers 33 Core Crop Lands to as Other or Unclassified.Using soil quality and the avail- ability of irrigation water to predict the success of sustained Existing soil classification systems,like ALISH and LSB,and agriculture can produce a distorted view of which lands are land use regulatory districts,like State Land Use Agriculture really the most Important for current and future agricultural and County General Plan IAL, represent traditional methods production. to help focus attention,and regulatory protection,on the lands Another way to identify where the most important agricultural that should be the most important to the future of agriculture in Hawaii. Once adopted,these classification systems become lands are would be to use the existing crop map to identity static and may lose their utility for helping current decision where crops are already being grown.On the crop lands map con- makers to discern which lands are actually most important for in Figure 7,agriculture occurs in clusters,around the con- fluence of certain resources,ownership patterns or weather 44 Hawaii County General Ilan:2005 Update page 14-s conditions.Each cluster is a little different from the other with i • Baseline Study for Food Self-Sufficiency in Hawai`i County -43 C a unique set of forces that drive farm investment.Based on the taking place,and on the existing conditions that make farm- footprint of existing agriculture as shown in Figure 7 clusters ing feasible. From that vantage point,it is easier to see what are easy to pick out. For example,in North Kohala the core kind of support or intervention is needed to expand existing agricultural area would run below the Kohala Ditch and out farm activity,or begin some anew The are the lands from to the dairy at'Upolu,and perhaps encompass some of the which additional food self sufficiency is most likely to emerge homestead lands at Ka'auhuhu where small landowners could because it is where the conditions that support sustained agri- farm on County water.In Kona, the Coffee Belt has been gen- culture already exist. . eral defined by County Council action,Community Develop- Core Crop Lands should not be viewed in a regulatory fashion. meat Plan and by existing farm use. In Ka'i,the lands from This is not a new regulatory designation,nor is it an exclusion Wood Valley to Punalu u,including the existing macadamia of the agricultural value of lands outside of the circles.Rather nut orchards,where the land is reasonably sloped and water is Core Crop Lands should be seen as a way to identify strategic available,would make a logical unit of agricultural potential. There are eleven such dusters on Ha+wai`i Island within which lands within which efforts to stimulate new food production 93°0 of all the existirg farming on the island takes place.These is likely to be most successful. Understanding the unique challenges that each area faces will help to inform the kinds areas are depicted in Figure 14,and could be referred to as of investment and public policy supports needed to drive new Core Crop Lands. farm activity. Like efforts to stimulate a campfire,these are the An advantage of the Core Crop Lands approach is that it places where the judicious addition of new fuels or strategic focuses collective attention on the ground where farming is blowing on the ambers,is most likely to produce new flame. 1 1 C : . . . 44- ....\,. Baseline Study for Food Self-Sufficiency in Hawai`i County N )....,... . . I.. f'N•r. :':."*.,. :',,„,""1114, r\-- ''''', •., '.',1? 44" :2\\ '\', •:e''. , ' \., ., ,,-,..- •.. ':-.1,,-- --r4) f'.1 foi-4,,41,,,,,,,,_ 1.---'', , ''' ,i'''',4:-..-'‘:.'''';r:.'',' .''''— •T.' tl°' 41i4573„..„. i'N''' ,.,,.- ,:„.,!:.,,,,‘,•;;.-7., .,...,:41* -,> ':-. .• r, * / ', ,-,, ''',.., -,,,..••,-, . • • ,..,--•-- '''' • •' [ •.---- . Ai..•40:Nia,?.?":`,-,-...-'• '''',., .., -- -..- '-•Cw-lot.t4 .'",-.14.4.1b',"'",,,-.■ -,-. ,.•Aliv,r1;',!:,rc,.-2:Y41,1.4 Op;----:\ ., L__.-----', '...4";F:SCO',1.!';.: r -''--/ . '''' '''''\: -/ ,,•,..‘,:‘ ' ',?.,,:':/.. ,;; :L.lt,: .-t7:*;** *:*i,,V,01, .."--. -"' '''''."..' 7.— g':',••.:,-.....:-.10.!,A,.,,,,„...: ept.,,,. - 4 .0;1 101,i •,,:, ' -',406!..' _...- . , %:,r....--.. / -'-'..?..;-, t;------- ---- i s ''' i*,;:7 ::i:'F::, - - :".■T,,; ' 4VI'l ,...— ..- ., , .-ti',.._. --r—'.--,'.•-•'. '' .' 1. ':':,,,, . ,•''',./::i., ) ,;-=,.. ( • 1 l'-/N, - ( i''''.'. ";2 ' ••. i .., „- .. \ vis H r a:0,,:, 1,1ALr2k-Ci ,-,.r.:f.,.;;',41:kit9,",11,r.,', , IA rornif.111'ficV,•.•- 1, ,,,, . . ...„. , . . t, 1 . ,' , '.. . ,.- '..\&0\ -`.-...•.`"'''"... 2- - ;----= 12,7;,.;. • . N..\\ M A U N A i..•,...,.,- , . .-,t,, ••- .. .,.. ' ' '- 70 1,, -....,... ,..,,.: . 0,, __ , . -- '- ,:. --.... , / ON ' '.^"..\\ ' , '..".(;■"''..' 1 t(''' . .. . _. ‘,.,...-., _ . Ca,,.:•2, -- 1, 2,:z..,1 - • \,.,,,, 2,".. oe , _ '•_._._ ,''''.:f%L,' .,' , ..,4'°',-.2,4,,`,-, .;. .',' ''' :l'r• - '- .,. .-f:".'''71 :1;.':4'' ''.:- ''''!'. \ .•G L C'.' .:-. '''',,':,„:., :41t.k;,44,*;,,10,,l'i,,',- H ',.r•,-;:l_ti:,--.4-Atia.,,Ar„,:,,,-1,.:,,,,, .,.....,....•• .,-. --„,,...!-:-- .,•!:,....,-,,.7.1..'.0:,:r...,....-- vot_c2 HOES. ,-::-4.,"1104"001!,:_,,-- ', '„•,V 1 ",.i. ..,,,k-,;:':':--:,,.::,,-,;'.F,...4.f.', t1 A Pr6k4 L"'I,"'-'1.,'•- `, ..4.:',:-:'.4";'"' ,---- -/' • :':;;,'' - ,..,-_!;/-,-"'' ,:-;',:f;1'.-t,:-,:- / \\,..",,,.4e: ' -•----'1,., -.„:,,,":-;--,- ..--- ' -i'..."'P ; - - . .-,.'__::AAL,-,.,:fP,•'-----;;,..„, k......,--„ri .4-4110---. : - • - 1-,4.,,,,!-,,,,..,----.-:-A,„ J6. .i.. I ; ,. ,,,,,,,- °'.,,-;.4,n,,:.„2'.6:t ' 6, •-,4_' '''' ,:-: • '.,:1"..-4741,,•,:': •:,._..,.:c.-.',"'-'' 1.\ 1 ■.,-,..-1,: '`;;;;-, '-'-'",i,, '.::::''-.7,-.'t-1..'''--•-...? .._,_•_, 2 ,,C..%2 2 --- ! ..,±...,° • NI)4 ,., • Crops 1:750,000 Miles --- Core Lands } 20 ..-.". ,..r,'' -- UNIViRSITY \\...0 10 , I ,.. VII, / ; ' of HAWAI I' \''',',,,,....,' HILO „,,.. Figure 14.Core Crop Lands 4 Baseline Study for Food Self-Sufficiency in Hawai`i County -45 3.8 Small Farm Opportunities independent farmers managing small orchards using family labor. This era was followed in the 1960's by large speculative Hayvai`i Island's existing settlement pattern is another impor- agricultural subdivisions in Puna and Ka ii that predated the taut factor shaping the future of local food production. More adoption of modern planning regulations. Today,the exist- than any other island,Hawai'i has a large number of small ing agricultural settlement pattern on Hawaii Island creates agricultural parcels scattered around the island. These parcels opportunities for individuals to acquire and utilize agricultural create a setting for both small scale farming and for back yard land in small to medium sized units. Not all of these lands are gardening. currently utilized,but they hold significant potential for more These existing lots are the product of historical subdivision active use in future food production. processes that started with Land Commission and the award- Figure 15 depicts the location and general size of agricultural ing of lands at the Mahele in 1848.Throughout the monarchy parcels from 0.5 acres to 20 acres in size. This rural settle- years other lands were cut into parcels and sold to island ment pattern accounts for over 135,000 parcels,and more than resident.Territorial homesteading programs followed at the 200,000 acres of agricultural land.The existing settlement pat- turn of the 20th century provide individuals the ability to tern on Hawai'i Island is a potential asset for increasing food acquire public lands by proving their ability to set up produc- production. Small agricultural parcels provide opportunities tive homesteads in areas like Ahualoa,Laupahoehoe,Hakalau, for small landowners to explore more intensified agricultural Ka'auhuhu and others. Further subdivision in the Kona Coffee use and,in the event of a future food crisis;each of these land- Belt was done in the early 1900's,largely to adapt the strug- owners has a resource to turn to for supplementing their own gling coffee industry to a more sustainable model of small food supply and producing food for others. C • • • C Baseline Study for Food Self-Sufficiency in Hawal'!County -61 C 4.3 Hamakua Current Agricultural Activity In 2012,the largest intensive agricultural crop in the Hamakua Background g � p region is eucalyptus forestry. There are over 17,300 acres in The Hamakua District extends from`O`okata to Waipi`o Val- commercial forestry production in Hamakua,most on lands ley. The area supported a significant pre-contact population leased from Kamehameha Schools and Parker Ranch by centered on the deep,watered valleys of Waipi`o and Waimanu mainland-based forestry companies.The forests were initially where taro was grown in abundance. In addition to tradi- planted to produce wood fiber to be shipped off-island for tional lo`i agriculture,Hawaiians grew other staples in gardens paper production on a 7 to 8 year rotation. Due to a combina- and scattered patches in areas surrounding settlements that tion of market conditions,changing leasehold ownership and stretched along the coastline on the upper plateau. export infrastructural issues,the eucalyptus plantings have yet Hamakua shares a long plantation history with much of to be harvested nearly 20 years after they were planted. The Ha�vai i Island's windward coast. Sugar was the predominant most likely market for the wood now appears to be biomass to crop produced by multiple plantations from the 1870's to 1994. fuel electrical energy generation. There may also be a market Hamakua also has a long ranching tradition which flourished for selected larger logs which could be sold for higher eco- on lands above the cane fields in pastures on the upper slope nomic uses including veneer and dimensional timber. The of Mauna Kea. Cattle operations remain a major land user in Hamakua forest plantings are a key asset in the development the district today.Some of the earliest commercial plantings of a forest industry on Hawaii Island but it is still uncertain of macadamia nuts were in the Kapulena area in the 1960-70's w Nether that opportunity will be realized. with additional orchards planted in the 1990's. Macadamia nut orchards take up 778 acres in Hamakua Table 8.Hcinrukuu Crop Land Acres and are managed by small landowners or lessees in 5 to 20 acre orchards. These orchards are generally un-irrigated and Hamakua 3905(crop acres) production varies based on regional rainfall and the degree Aquaculture 2 to which market values provide sufficient incentives to small Dairy 2342 farmers to maintain and harvest their orchards. The market in Flowers&Foliage 27 2012 has been strong and many ofHamaktua's small producers Macadamia Nuts 778 are actively managing their orchards. Special Crops 61 Waipi`o Valley continues to be the center of Hawaii Island's Taro 51 wetland taro production(Figure 21). There are several hun- dred acres of former taro lo'i in the valley of which only about Tropical Fruits 395 51 acres are in current production. Most of the taro land in Truck Crops 249 the Valley is leased from Bishop Museum who owns the largest share of the valley floor.There are approximately 12 farmers The bankruptcy of Hamakua Sugar Co.in 1992 was a point in the valley actively producing taro and 3 to 5 main growers of major transformation within the district. The bulk of the who produce most of the Valley's production. Several of these HSC land—nearly 30,000 acres—was purchased in foreclo- growers process their own taro into poi which is sold directly sure by Kamehameha Schools and then leased primarily for _ pasture and forestry use. State lands in the district were Ieased to ranchers and to a cooperative of small farmers who have struggled to establish viable small farm operations along the I coast where irrigation water was available. The State Depart- .":nz ment of Agriculture assumed operating responsibility for the Hamakua Ditch,which had brought 30 to 40 MGD of surface water from multiple intakes at the back of Waipi`o Valley to I serve approximately 5,500 acres of forn,tr cane land from , Waipi`o to Pa`auilo. The remaining 20,000+acres of the sugar . land in the Hamakua District were unirrigated,retying on ,. ' F seasonal rainfalls of 60 to120 inches annually. I. �. 0 ,', •, • ...! . • ,441... il,P.' o I Waipio Valley is the center of Hawaii Island's wetland taro production I • • 62-Baseline Study for Food Self-Sufficiency in Hawai`i County to local consuunners along the highway,at farmers markets,or roughly 100 acres of intensive farming to the Hilo to H.-amakua at local retail outlets. coastline. The market for taro far outpaces supply,both on Hawaii Truck farming in.Hamakua accounts for roughly 250 acres of Island and statewide. In\Vaip`o,the issues impacting pro- land use in Hamakua. The Harnlikua Farmers Cooperative was duction include diunage from the invasive apple snail,a lack set up in the mid-1990's to enable former plantation workers to of consistent labor,and periodic flooding. For the farmers gain access to State lands below the Hamakua Ditch. Over the who grow taro,the motivations for continuing to farm go far years, Co-op members experienced a range of difficulties estab- beyond simple market value of the crop. Taro is an iconic fishing new farm operations.Major repairs to the ditch and dam- Hawaiian staple that is tied to the roots of the culture and the age from earthquakes interrupted water flows for long periods of genealogy of its people. Several of the farms in the Valley are time, ending the efforts of many farmers. The ditch is now back used frequently for educational purposes to immerse students in operation and the Co-op(with its 60 members) is working to and visitors in the power and mdolelo of early Hawai`i and of settle old issues with the State of Hawaii and is moving forward WIipi`o Valle,in particular. with plans to expand farm production on several State-leased Cattle ranching is the largest user of agricultural lands in the farm areas. There are also a number of small,independent farms Hamakua district. Approximately 24°o of the island's pasture in the district that produce vegetables and fruit for the local mar- lands are in H.imakua,running from the coastal cliffs to over ket,including an emerging Community Supported Agriculture 6,000 feet in elevation. Roughly 4,500 acres below the Ili (C SA)farm in the Kalbpa area. Ditch are in pasture use and is some of the best pasture lands on There are several small hydroponic farms in Hamakua using the Island. The availability of stock and irrigation water from water from the ditch to produce leaf crops and fish,primarily the ditch offers additional opportunities to improve pasture car- perch.Production is currently small,with potential for addi- rying capacity in this area.The state-owned and privately oper- tional growth.There are also several foliage and flower opera- ated Hawaii Beef Producers(HBP)slaughter house in Pa`auilo Lion and scattered plantings of tropical fruit orchards Agricul- is one of only two certified slaughter houses on the Island. The tural landowners in the homestead areas ofPa`auuilo,Kalopii HBP slaughter facilities,and lands surrounding it,are a key and Ahualoa operate a range of small agricultural operations part of the infrastructure needed to increase the supply of local including a goat dairy,several apiaries,in addition to tea and grass-fed beef to markets statewide. coffee plantings that all contribute to the overall agricultural In 2011,Big Island BeefProducers processed 4,200 head of cattle production of the region. from local ranchers'6 and have plans to increase that number County Lands in Hamakua substantially. Key to this expansion is the construction of ren- dering facilities to process cattle waste. The State has agreed to In the early 1990's,the County of Hawai`i acquired 4,400 fund this effort through the County ofI-Iawai`i Office of Research acres in Hatnaku a in payment of roll-back tax liabilities from and Development. Other keys to expanding the market for local Hamakua Sugar Company. Initially,these lands were to be sold grass-fed beef in Hamakua is the potential to use ditch water to to cover the outstanding tax. Public,political,and market issues irrigate pasture lands in the vi- conspired to keep these cinity of the Pa`auilo slaughter ,.`` , ' - t /ands in County hands and house to produce higher qual- t-* A x r i,i 'h x,t{t , F the remained idle for near- ity pastures on which to graze ,�, _i �, d�z,, , i1t „, +b r,; ,4a ly 20 years. The County has cattle rior to harvest p ---- '�-.. '' n,, ,lf5., ` �4 now embarked on a farm One of last two dairy operations `a, ''` `.� ' itel '" r` and ranch lease program to �� ,mss+ t in the State is located at the Via,., - put these lands into more southern end of the Hamakua �t•-..r 4 , .'• '`. Vial, productive use All of the District. Big Island Dairy leas- ' County lands are in areas es about 2,000 acres from the where there is no agricul- ' State of Hawai`i and runs nearly i.=F,. _ ,-,`- tural water sources available. 1.,000 head of dairy cows. All 1—..m. ,......T.--,e __. The ability of these County of this milk is sold to Meadow ''""° lands to contribute to food Gold for packaging and pro- Figure 20: The Lower Hamakua Ditch or general agricultural pro- cessing. Big Island Dairy has duction is yet to be deter- . . embarked on an aggressive effort to grow forage crops on both mined. In any event,allowing lands in'O`okala and in Onomea,South Hilo. Forage production the County's lands to be used,as opposed to standing idle,may has helped to reduce feed costs for the dairy operation and added result in more active land management and some measure of new farm and ranch activity on these public properties. 46 Personal communication,lilt R4attos,Hawaii Beef Producer Baseline Study for Food Self-Sufficiency in Haw►rai`i County -63 i'' ifj�Fw ,r..gip, 4. ' C f,'�' A +-fit„it t.: , 7N64 r'M' .r r� L' er =, „.,. N..,„„,....„, t, ,,,.,,,..„,,,.,,,„,, ', ,.. , . , , , ... ,`- ( r ', ,', L ' �jrde.;.X�",�(,ti Y f fr 5,t: ,i.,. ,rf ''. s•. f�ye .. rt ` 4 ' r A r 5r f �,4=' t : F a i . >"s �a , � w ' u L- is •• s A."*f tt ,, t { '� y�. ` h..rx , �- s 6 � k 4 t 1;-- - - • r ' r f '^ , �, f, y 1p a.. R S tee - . of ' .r, ., x w ` ..,,tin g. `. <µ. ..,.. , , c falls i r �� \ / Ir 1:20,000 Miles - Taro: 2012 Total 51 Acres 0 0.25 0.5 10 Figure 21. ll'aipPo Ilia w La ruts in Production 2010 l'`-� UNIVERSITY "E (� of HAWM'1' '''q 'r •' HILO 64-Baseline Study for Food Self-Sufficiency in Hawai`i County 3 Ir7rigation Water valley with consumption for farming and ranch purposes run- ning below 1.0 MGD47. The ditch is highly subsidized by State The Hamakua District is served by the largest surface irriga- taxpayers and N%!!1 remain so until there is significant growth tion system on the Island of H.awai`i. The Hamakua ditch in farm operations in the region,thereby driving more active was opened in 1910 and runs from four main intakes at the water demand.Another likely source of water demand for back of Waipi`o Valley through 23.5 miles of tunnel,ditch and Hamakua ditch water is the irrigation of pasture lands to pro- pipeline,ending just north of Pa'auilo town.The system was vide dependable forage for grass-fed cattle operations centered designed to serve several plantations which used the water arou nd the Pa'atailo slaughter houise. primarily to drive mill operations,including washing,flume The easement underlying the I iam.ikua Ditch does not cony transportation,steam production,and domestic.consume pletely cover the full extent of the infrastructure. The State is tion. In later years,water was utilized for irrigation purposes in the process of securing the legal tenure needed to manage • for about 5,000 acres in the lowest elevations,the driest lands the ditch over the long term.Users of ditch water include both along the northern Hamakua Coast. formal,metered consumers,and others who have long-stand- After the plantation shut down,agreements were reached to ing,unofficial use of the water.Insuring that all users of the set an initial cap on water taken from Waipi'o Valley to 17 ditch pay for the cost of its operation is an important part of 1 MGD,leaving significant portions of the flow to remain in guaranteeing the long term viability of the system. the stream to support other economic and biological uses. In 2010,ditch operations withdrew roughly 10 MGD from the 4.3.1 Hamakua's Cootrihution to Food Self-sufficiency The following are some key elements that drive the Hamakua district's contribution to food self-sufficiency: • Waipi'o Valley continues to be the best place on the • The availability of Hamakua ditch water to irrigate high Island to produce quality wetland taro. Land is currently productivity pastures in the area could give the Hamakua fallow and could be put into production to increase the district a particularly important role to play in the future volume of taro and poi available to Island residents. of the local grass-fed beef industry. • The State's commitment to operate the Lower Hamakua • The availability of County lands in Hamakua for agricul- Ditch,despite substantial annual subsidies and capital tura!leasing may offer some new opportunities for new improvement expenses, represents an opportunity for farm and ranch operations. new and existing farmers to prove the viability of the • The Mauna Kea and Kohala Watersheds are important region for sustained food production. contributors to the rainfall patterns and water collection • Small farmer training programs are underway to build systems that support both irrigated and an-irrigated the capacity within the Hamakua community to take bet- agriculture in the region ter advantage of the land and water resources the district Small agricultural lots in the upper homesteads like •• has to offer Kalopa, Pa'auilo,and Ahualoa offer the potential for new, • Kamehameha Schools,the district's largest landowner, small-scale farming innovation and local food produc- is taking a more active role in encouraging new pasture tion. management approaches in support of grass-fed beef, • The eventual harvest of eucalyptus forests in the district and in promoting the use of its land for increased food may help to disconnect energy production from oil Mi- . production. ports and provide a more robust agricultural land use cli- • The potential of Hawaii Beef Producers to stabilize and mate within the region. •• build a sustainable slaughter capacity at its Pa'auilo plant is an important step in building a grass-fed beef industry . • statewide. • 47 Personal communication,Steven t)i:s,Hamakua ditch supervisor Baseline Study for Food Self-Sufficiency in Hauai`i County -65 4.4 North and South Vito is the predominance of small independent cane growers that Background cultivated their own sugar cane on private and government lands The districts of North and South Hilo extend from the urban and then sold their crop to both `f center of Hilo to`O'okala. It is one of the most agriculturally private and cooperative mills for .:~44( - productive regions in the County and contains key infrastruc- processing. In the 1950's, there ;; ' turd that supports agricultural production island-wide. The were over 600 small, indepen- ^- •P, lands along the coast receive 100 to 180 inches of rain annu- dent cane growers producing x ally and have supported un-irrigated sugar cultivation for over cane for Hilo Coast Processing a century. The land experiences less wind, has less slope and in Pepeekea For this reason, f4V, receives slightly more southern sun exposure than Hamakua. the tradition of small farming As a result, it is a patchwork of roughly 8,800 acres of diversi- along the Hilo coast has deep tied agriculture that produces a significant amount of Hawaii roots. Though few of today's ac- Lychee fruit Island's food supply. five farmers are descendants of the f entry and independent growers,the settlement pattern that underlies the Hilds harbor and international airport are points o export for agricultural materials and produce. The University region continues to support a wide variety of small-scale farm- of Hawaii at Hilo and Hawaii Community College are educa- ing. tional resources for young farmers and business people who Crop Production may drive the future of the agricultural industry. The Uni- versity of Hawai'i College of Tropical Agriculture and Human In 2012, North and South Hilo have 8,800 acres in crop produc- Resources(CTAHR)is based in South Hilo with extension tion plus 12,000 acres in eucalyptus forestry and another 44,01)0 service centers around the Island. Federal programs like the acres in pasture(much of which is above the forest along the US Department of Agriculture(USDA),the US Forest Service, Mani road).In general, there are three main types of food pro- the Natural Resource Conservation Service(NRCS)and oth- ducing agriculture on the Hilo shoreline: fruit and nut orchards, ers,all have personnel and facilities in the South Hilo area. diversified farming on small parcels, and nomadic production The agricultural history of the.Hilo coast tracks most sugar that moves from place to place annually. producing regions in the State. Native subsistence farming was The largest single crop in the region is macadamia nuts(4,300 replaced by modern plantation agriculture beginning in the acres)which were largely planted by C.Brewer in the early 1980's 1860's. Small,independent mills initially emerged and eventu- as part of their Mauna Loa Macadamia operation. These fields ally consolidated into larger operations. Towns,roads, railway, have since been subdivided and sold in 10 to 40 acre lots;many and water systems were created to serve plantation communi- farms now have attractive homes embedded in the orchards. The ties and their footprints are still visible in current settlement macadamia market has been variable in recent Years and many patterns. One of the unique elements of Hilo's sugar history of the small producers on the coast have had difficulty finding a market for their nuts. In 2010, the market began to improve and in 2012,there is a robust market for nuts which has invigorated orchard management island-wide. Beginning in he early 1990's,tropical fruit orchards were developed on the coast on former cane lands that were largely purchased from C. Brewer as it sold its holdings from 1990 to 2004. These orchards now contain roughly 1,300 acres of tropical fruits such as rambutan,lychee,longan, and star fruit. The bulk of the commeruat tropical fruit crop is sent off-Island and sold as a boutique ' • product around theworld. Rambutan and longan require treatment at the irradiation plant in Puna �1R prior to Mainland export. Lychee production is primarily sold within the state. Some portion of all 2009 image from DigitalGlobe WorldView-2 satellite imagery of agri- these tropical fruits end up in the stores and farm- cultural land use in the Honomu to Hakulau area of South Hilo(USDA ers markets on Hawaii Island and on the doorsteps NRCS/USGS) 1 66-Baseline Study for Food Self-Sufficiency in Hawal`i County taro and other crops in open field and green house settings.A prominent farm on the coast is Hamakua Springs,which owns 4v ' 500 acres near Pepe'ekeo and is one of the states largest produc- ers of tomatoes,banana and a range of green house vegetables. Hamikua Springs also leases portions of its land to other small farmers and provides some marketing services for these and other growers along the coast Most small farming is done on lands leased from private land- owners. Kamehameha Schools(KS)is one of the largest lessors of farm land in the region to over 20 farmers. KS farmers have Truck farming in Pepeekeo,South Hilo one to five year leases with some certainty that,if they operate of neighbors and friends during harvest season. responsibly,they will be able to hold on to their farms and oper- ate longer term. KS is also exploring ways to include produce Truck crops cover over 2,200 acres on the Hilo coast,making it one of the most productive local food regions on the Island. from its farmers mers inter school lunch programs at their Keaau Farmers produce a range of vegetables,berries,sweet potato campus. C C TMK (3) 3-6-005-003 An undivided 6/9th interest in that certain parcel of land (being all of the land(s) described in and covered by Land Patent Grant Number 4999 to Amos J. Ignacio) situate, lying and being at Waipunalei, District of North Hilo, Island and County of Hawaii, State of Hawaii, being LOT 5, and thus bounded and described: Beginning at the West corner of this Lot, at a point on the makai edge of the main Government Road reserve; the coordinates of which point are 99.3 feet South and 94.2 feet West of Waipunalei Triangulation Station as shown on Hawaii Territory Survey Reg. Map No. 2193, and running by true bearings: 1. N 44° 30' E 700.00 feet along Lot No. 4A to the top of the sea bluff; 2. S 36° 15' E 645.0 feet along the edge of the sea bluff; 3. S 44° 30' W 687.0 feet along Lot No. 6 to a point on the makai edge of the Government. Road reserve; 4. N 37° 30' W 643.0 feet along the Government Road reserve to the point of beginning, containing 10.17 acres, more or less. Said above described parcel of land having been acquired as follows: 1. INSTRUMENT : QUITCLAIM DEED GRANTOR : Manuel F. Adrian, widower GRANTEE : John F. Adrian and Margaret C. Adrian, husband and wife, as tenants by the entirety, as to an undivided 5/9 interest DATED : November 20, 1948 RECORDED : Liber 2326 at Page 86 2. INSTRUMENT : PARTITION DEED GRANTOR : --- GRANTEE : John F. Adrian and Margaret C. Adrian, husband and wife, as tenants by the entirety, as to an undivided 1/9 interest DATED : March 15, 1951 RECORDED : Liber 2453 at Page 86. NOTE: John F. Adrian died in Waipunalei, Hawaii, on January 13, 1964. 8 EXHIBIT "I" William P.Kenoi �F•`•'?w'• BJ Leithead Todd - Mayor %�o.V.. ‘ Director ±'*,' Margaret K.Masunaga ._r. -1: Deputy County of Hawaii PLANNING DEPARTMENT Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720 Phone(808)961-8288 • Fax(808)961-8742 March 28,2011 Ms. Elaine A. Powers P.O. Box 14 Laupahoehoe,HI 96764 Dear Ms. Powers: SUBJECT: Special Management Area Use Permit Assessment Application (SAA 10-000637) Applicant: Elaine A.Powers Request: Proposed Construction of single-family dwelling and demolition of existing single-family dwelling when the new dwelling is completed. TMK: (3)3-6-005:003,Waipunalei Homesteads,North Hilo,Hawai`i This is to acknowledge receipt on March 3, 2011 of the Special Management Area Use Permit Assessment Application (SAA-10-637) for the construction of a single-family dwelling and the demolition of an existing single-family dwelling on the subject parcel. The property consists of 10.17 acres. It is zoned A-20a (Agricultural, 20 Acres) by the County of Hawai`i and is designated Agriculture by the State Land Use Commission. The Hawaii County General Plan Land Use Pattern Allocation Guide (LUPAG) Map designates the parcel as IAL (Important Agricultural Lands). In addition, the entire parcel is located within the Special Management Area (SMA) and has frontage along the shoreline. According to Chapter 205A-22, HRS, and PC Rule No. 9-4 (e) (2) (A) relating to Special Management Area, states that"development" does not include "Construction of a single- family residence that is not part of a larger development. " Planning Dept. Exhibit _, Ha ai'i County is an Equal Opportunity Provider and Employer Ms. Elaine A. Powers March 28, 2011 Page 2 In addition, Chapter 205A-22, Hawaii Revised Statutes (HRS), and Planning Commission (PC) Rule No. 9-4 (e) (2) (G) relating to Special Management Area, "development" does not include "Demolition or removal of structures, except those structures located on any historic site as designated in national or state registers or those listed in the Historic Sites Element of the General Plan. " In addition, the requirement of a certified shoreline survey is waived as you have proposed to construct the single-family dwelling approximately 475 feet from the shoreline. However, should you decide to change the location of the structure closer to the shoreline, you are required to submit a new SMA Use permit Assessment Application. While further review of the demolition of the existing dwelling and the construction of a new dwelling and related improvements against the Special Management Area rules and regulations will not be required, all other applicable Zoning and Building Code requirements must be satisfied. Additionally, this determination of exemption from the SMA definition of development is subject to compliance with the following conditions: 1. The applicant, its successors or assigns shall be responsible for complying with all stated conditions of approval. 2. The applicant shall comply with all applicable requirements of all Federal, State and County of Hawaii departments and agencies. 3. The Building Permit for the proposed dwelling shall be issued within two(2) years from the date of this letter. 4. The applicant shall demolish the existing single-family dwelling within Sixty(60) days of receiving final inspection for the new single-family dwelling. 5. The demolition of the existing dwelling and the disposal of waste material are subject to the requirements of Chapter 20-Refuse, of the Hawaii County Code and may require a Landfill Disposal Permit from the Department of Environmental Management, Solid Waste Division(961-8339). For your information,we have enclosed a copy of their Solid Waste Demolition Diversion Plan Guidelines. While you may not be required to prepare a Solid Waste Demolition Diversion Plan we highly recommend the recycling of all reusable materials. Please contact the Department of Environmental Management, Recycling.Section at 961-8942 for information about recycling programs in Hawai'i County. 6. No land alteration, grubbing, landscaping and construction activities, including but not limited to, construction materials or equipment, shall occur makai of 40- ;ate of k4.�, William P.lCenoi i(• � sr /•• Lono A.Tyson Mayor i e • ,,_ ' Director o►b�?' Ivan M.Torigoc Deputy Director (Gault raf �x$x r` DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo,Hawaii 96720 (808)961-5083•Fax(808)961-8086 ltto://co.hawaii.hi.usfdircctory/dig envrnng.him June 3,2009 SOLID WASTE DEMOLITION DIVERSION PLAN Guidelines INTENT AND PURPOSE These guidelines are intended to establish criteria for reviewing solid waste demolition diversion plans,for which special conditions are placed on select developments including commercial,industrial,and multiple structure demolition projects. The solid waste demolition plan will be used to: (1)promote and implement recycling and reuse programs to divert construction and demolition wastes from County landfills,(2)identify and quantify the anticipated waste generated by the demolition,(3)detail site specific hazardous waste investigation and disposal procedures,and(4)document recycling and reuse procedures. REPORT At a minimum,the report will contain the following: 1. Description of the demolition project and the types of waste it may be generating:i.e.analysis of anticipated waste volume and composition. 2. List materials to be recycled,reused,and associated sorting procedures. Also,designate a responsible party for overseeing and documenting this effort. 3. Identification of the proposed recycling,reuse or disposal site(s)and transportation methods for the various components of the waste and recyclableheuse commodities. Per Section 20-43 of the Hawaii County Code,use of the County transfer stations for disposal of(among other things),construction and demolition wastes is prohibited, .REQUIREMENTS AND CONDITIONS 1. A solid waste demolition diversion plan is required and will be and multiple structure demolition projects,as designated prepared for of commercial,industrial, p 3 gnated by the Department of Environmental Management. 2. The Department of Environmental Management will require the applicant to provide or resolve all recommendations and mitigation measures as outlined in the solid waste demolition diversion plan; besides any conditions placed on the applicant herein. 3. A State of Hawaii licensed engineer will draft and certify in writing the solid waste demolition diversion plan as complying with applicable Federal,State and County of Hawai'i laws,regulations,and administrative rules. The applicant is responsible for certifying that the solid waste demolition diversion plan is executed. County of Hawaii is an Equal Opportunity Provider and Employer. ir PLAMNt3 o1±r RIMENT ✓,t ll}/r : rkt fE i FtiE DEPARTMENT OF PUBLIC WORKS 2013 JUL -5 PH 4: 149 COUNTY OF HAWAII HILO, HAWAII DATE: July 3, 2013 Nefil444•014M TO: Duane Kanuha, Planning Director FROM: Department of Public Works, Engineering Division g 9 SUBJECT: CHANGE OF ZONE APPLICATION (REZ 13-000168) Applicant: Jon R. Bolner Request: A-20-a to A-5a Tax Map Key: 3-6-05: 003 We have reviewed the subject application forwarded by your memo dated June 24, 2013 and offer the following comments for your consideration. The subject parcel is in an area that is not mapped by the Federal Emergency Management Agency and is identified as an area of"minimal tsunami inundation." The parcel is designated as Zone X(an area determined to be outside the 500-year floodplain). The Federal Government and the County of Hawaii do not have any regulations for developments within areas of minimal tsunami inundation and Zone X. Vehicular access to the subject parcel is provided by Old Mamalahoa Hwy - a County maintained street with a right-of-way width of approximately 50 feet. Questions may be referred to Kelly Gomes at ext. 8327. SCANNED Planning Dept. i 0 8 2013 Exhibit -3 By:086204 County of Hawaii is an Equal Opportunity Provider and Employer • O*WATER S_ OAA > fi• • 19 49 •.moo DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAI'I MVOs- „„ „, AWp\\rP' 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720 TELEPHONE (808) 961-8050 • FAX (808) 961-8657 July 17, 2013 TO: Mr. Duane Kanuha, Director Planning Department FROM: Quirino Antonio,Jr., Manager-Chief Engineer c -� SUBJECT: CHANGE OF ZONE APPLICATION (REZ 13-000168) � .% APPLICANT—JON R.BOLNER _"'" REQUEST: A-20A TO A-5A w-� TAX MAP KEY 3-6-005:003 We have reviewed the subject application and have the following comments and conditions. Water can be made available from an existing waterline within Mamalahoa Highway. The subject parcel is served by an existing 5/8-inch meter(Account No. 580-27600),which is limited to an average daily usage of 400 gallons and suitable for only one single-family dwelling. Pursuant to Rule 5 of the Department's Rules and Regulations,the Department requests that the applicant remit a water commitment deposit of$150.00 for the one(1)additional lot as soon as possible so that a water commitment may be formally effected. The commitment will be in writing with specific dates and conditions stated. Please note that the water commitment deposit will be credited towards the final facilities charge due for the subdivision. For your information,final subdivision will be subject to the following conditions: 1. Construct necessary water system improvements, which shall include, but not be limited to: a. water mains capable of delivering water at adequate pressure and volume under peak-flow and fire-flow conditions; minimum diameter of mains shall be 6 inches and mains shall front each lot served, b. installation of a service lateral that will accommodate a 5/8-inch meter fronting each lot(note that it may be necessary to relocate existing service lateral in order to front the lot served), and O c. should the Department's water system facilities be affected as a result of other agencies' requirements to construct improvements as part of this project,then the applicant shall be responsible for the relocation O and adjustment of the Department's affected water system facilities. -c C Submit construction plans and design calculations prepared by a professional engineer, registered in the 0 K State of Hawai`i, for review and approval. 0- LU Please note that for any lots involved in agricultural activity,a reduced pressure type backfl assembly must be installed within five (5)feet of each meter,and the backflow prevention .ssemljTy iVt3 6eV located on private property. The installation of the backflow prevention assembly must be spej4�l a442 2013 . . .Water, Our Most Precious resource. . . 7(a Wai A mane . . . ley: ± ao The Department of Water Supply is an Equal Opportunity provider and employer. µ Duane Kanuha, Director, Planning Department Page 2 July 17, 2013 approved by the Department prior to commencement of water service. A copy of our backflow prevention handout is being forwarded to the applicant to help them understand this requirement. 2. Remit the prevailing facilities charge,which is subject to change, as shown below: FACILITIES CHARGE(FC): One(1) initial service(paid) $ 0.00 One(1) additional unit @$5,500.00/unit $5,500.00 Total Facilities Charge $5,500.00 This is due and payable upon completion of the installation of the required water system improvements and prior to final subdivision approval being granted. 3. Submit the appropriate documents,properly prepared and executed,to convey the water system improvements and necessary easements to the Water Board of the County of Hawai`i prior to final subdivision approval being granted. A registered land surveyor shall stamp and certify the metes and bounds description within the conveyance documents. However, prior to water meter services being granted to the development,or any lots within,the conveyance documents shall be accepted by the Water Board. Should there be any questions,please contact Mr. Lawrence Beck of our Water Resources and Planning Branch at 961-8070, extension 260. Since ours, ‘Iiii Quinn. ' ntonio,Jr., P.E. Manag; -Chief Engineer LB:dmj copy— (w/enc.)Mr.Jon R. Bolner (w/o enc.) DWS Customer Service Section(Hilo) (w/o enc.)DWS Cross Connection Section - IV ofH4�, William P.Ken i'A 1 A f1 .`o `yam. ii''' . Harry S.Kubojiri Mayor COUMTY OF HAWAII n.�„1 ,�1 Police Chief 2013 111. --1 Pty 2: 51 .•- ..- TE.°.`."�-- Paul K.Ferreira Deputy Police Chief County of Hawai' i POLICE DEPARTMENT 349 Kapi`olani Street • Hilo,Hawaii 96720-3998 (808)935-3311 • Fax(808)961-2389 • June 28, 2013 TO : DUANE NUHA, P A NING DIRECTOR FROM : H NIkY . TAVAR S ' -., ASSISTANT POLICE CHIEF AREA I PERATIO :UREAU SUBJECT: CHANGE OF ZONE ., r PLICATION (REZ 13-000168) APPLICANT: JON R. BOLNER REQUEST: A-20A TO A-5A. TAX MAP KEY: 3-6-005:003 Staff, upon reviewing the provided documents and visiting the proposed site, does not anticipate any significant impact to traffic and/or public safety concerns. Thank you for allowing us the opportunity to comment. If you have any questions, please have your staff contact Captain Andrew Burian, Commander of the Hamakua District, at (808) 775-7533. AB:IIi 130433 SCANNED JUL 3 - 2013 Planning Dept. B ' 5 4 Exhibit S- "Hawai i County is an Equal Opportunity Provider and Employer" William P. �'M rrG DEPARTMENT , Darren J.Rosario Mayor f ftr' ? +ryf V(�.; i� ��% Fire Chief ,44!.. Renwick J.Victorino 201 9 _mr Deputy Fire Chief Conntp. of TOttivail HAWAI'I FIRE DEPARTMENT 25 Aupuni Street • Room 2501• Hilo,Hawaii 96720 (808)932-2900 • Fax(808)932-2928 June 28, 2013 • • TO: DUANE KANUHA,PLANNING DIRECTOR FROM: DARREN J. ROSARIO,FIRE CHIEF SUBJECT: CHANGE OF ZONE APPLICATION (REZ 13-000168) APPLICANT: JON R. BOLNER REQUEST: A-20a to A-5a TAX MAP KEY: 3-6-005:003 In regards to the above-mentioned Change of Zone application,the Hawai'i Fire Department recommends that 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 uits, more than one type of appliance. or special systems suitable for the protection of the hazard involved. 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. ANNED Planning Dept. SC Exhibit 6 JUG s2 ' 130 �`i,. kRgt0 Hatvai'i County is mr Equal Opportunity Provider and Employer. ���'` r. + Duane Kanuha June 28,2013 Page 2 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. Duane Kanuha June 28,2013 Page 3 1823.1.3*When not more than two one- and two-family dwellings or private garages, carports, sheds, agricultural buildings, and detached buildings or structures 400ft2 (37 m2) 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. 18.23.1.4 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. 182.3.2 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. 18.23.2.2 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- 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. Duane Kanuha June 28,2013 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. Duane Kanuha June 28,2013 Page 5 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 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. Duane Kanuha June 28,2013 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. • Duane Kanuha June 28, 2013 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; Duane Kanuha June 28,2013 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 Duane Kanuha June 28, 2013 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) 932-2911. 04,41. DARREN J. ROSARIO Fire Chief RP/lc sY t %.;414.91,;f-O• ..N, y PLANNING DEPARTMENT 'fir. C.() � �•r (17 U BJ'El head Todd William P.Kenoi � • � = '•� '= Mayor 4 Y Director Walter K.M.Lau of,,r 2013 JUN 27 P11 2: 19 Managing Director (Iiinnf of c .affix=Y`i DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo,Hawar i 96720 (808)961-8083 Fax(808)961-8086 http://co.hawaii.hi.us/directory/dir envmng.htm MEMORANDUM Date : June 25,2013 To : DUANE KANUHA,Planning Director From: B3 LEITHEAD TODD,Director A' Subject: Change of Zone Application(REZ 13-000168) Applicant: Jon R.Bolner Request: A-20a to A-5a TMK: 3-6-005:4003 The Solid Waste Division has reviewed the subject application and offers the following recommendations (Please note Wastewater Division's comments will submitted separately): DEPARTMENT COMMENTS: ( ) Wastewater Division had no comment as this area is not a sewered and there are no immediate plans for sewering of the area. ( ) Other SOLID WASTE COMMENTS: (Contact Solid Waste Division for details.) (x) No comments ( ) Commercial operations,State and Federal agencies,religious entities and non-profit organizations may not use transfer stations for disposal. ( ) Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. ( ) Ample and equal room should be provided for rubbish and recycling. ( ) Green waste may be transported to the green waste sites located at the Kailua and Hilo transfer stations,or other suitable diversion programs. ( ) Construction and demolition waste is prohibited at all County Transfer Stations. ( ) Submit Solid Waste Management Plan in accordance with attached guidelines. ( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. ( ) Other: Planning Dept. SCANNED Exhibit 7 JUN 2 7 2113 BY: 0 8 6 0 4 9 County of Hawai`i is an Equal Opportunity Provider and Employer. -._ • - IV •J� C OF � PLANNING DEPARTMENT L i 11 liYl • ,a,•�' r" 1= , lead Todd William P.Kenoi • *'` ° - s!g= Director Mayor Walter K.M.Lau •r,4 cs~..'+',.• 2013 JUN PH 2: 20 Managing Director County of Hawai`i DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo,Hawaii 96720 (808)961-8083 Fax(808)961-8086 http://co.hawaii.hi.us/directory/dir envmng.htm MEMORANDUM Date : June 26,2013 To : DUANE KANUHA,Planning Director From: BJ LEITHEAD TODD,Director Subject: Change of Zone Application(REZ 13-000168) Applicant:Jon R.Bolner Request: A-20a to A-5a TMK: 3-6-005:003 The Wastewater Division has reviewed the subject application and offers the following recommendations (please note Solid Waste Division comments will be submitted separately): DEPARTMENT COMMENTS: WASTEWATER COMMENTS: (Contact Wastewater Division for details.) (X) No comments ( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawai'i County Code. ( ) Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawai'i County Code. Complete Sewer Extension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the 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: 08604 County of Hawai`i is an Equal Opportunity Provider and Employer. 'tE o y�# ■ NEIL ABERCROMBIE a __ y� WILLIAM J.ALA,JR. GOVERNOR OF HAWAII �-.; ' li.�'.1 DNNPPRVM INNVIOFINA)AND NAlIAW.MI:WNIIN.IJ' 4YMWPYNNI(tlIWMMI MOWN MANAIN•MIXI STATE OF HAWAII `_- DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 'e+teaHarti HONOLULU,HAWAII 96809 -v4 July 22,2013 County of Hawaii Planning Department Attention: Mr.Jeff Darrow via email: jdarrow(c xo.hawaii.hi.us 101 Pauahi Street,Suite 3 Hilo,Hawaii 96720 Dear Mr. Darrow: SUBJECT: Change of Zone Application (REZ 13-000168) A-20a to A-5a, Jon R. Bolner,Applicant,North Hilo,Hawaii;TMK: (3)3-3-6-005:003 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 Engineering Division 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) SCANNED Planning Dept. JUL 24 2013 Exhibit o By186485 6 O F - I. NEIL ABERCROMBIE -e 1: WILLIAM AAILA,.IR GOVERNOR OF HAWAII �� CHAIRPERSON BOARD Ii !Sti c ON Of LAM AND Oe WA RYAN=MANAORWRIT Q and STATE OF HAWAII -® `� DEPARTMENT OF LAND AND NATURAL RESOURCES r, LAND DIVISION 1144111 POST OFFICE BOX 621 shneomit HONOLULU,HAWAII 96809 • June 28,2013 ,U 0 MEMORANDUM �- ° - -' tom- .:rr Rom: DLNR Agencies: o � �� _Div.of Aquatic Resources _�rrl r .c _Div. of Boating&Ocean Recreation -c,?_ = in X Engineering Division c•-,_-_-, c:, co Div.of Forestry&Wildlife `is Q ro I Div. of State Parks _Commission on Water Resource Management Office of Conservation&Coastal Lands X Land Division—Hawaii District X Historic Preservation FROM ell Y.Tsuji,Land Administrator SUBJECT: '��ge of Zone Application Z 13-000168)A-20a to A-5a LOCATION: North Hilo,Hawaii;TMK: (3) -3-6-005:003 APPLICANT: Jon R.Bolner Transmitted for your review and comment is information on the above-referenced application. We would appreciate your comments on this document. Please submit any comments by July 19,2013. 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. (✓) Comments are attached. Signed: y . ' G! , Print nam . Date: __/ 4 _ cc: Central Files 0 86485 DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LD/KcvinMoore Ref.:JonBolnerChan geZoneNorthHilo Hawaii.619 COMMENTS () We confirm that the project site,according to the Flood Insurance Rate Map(FIRM),is located in Flood Zone () Please note that the project site,according to the Flood Insurance Rate Map(FIRM),is located in Flood Zone (X) Please note that the correct Flood Zone Designation for the project site,according to the Flood Insurance Rate Map 1551661250C(Copy attached),is located in Minimal Tsunami Inundation Areas. The National Flood Insurance Program does not have any regulations for developments within the Minimal Tsunami Inundation areas. () 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 NF1P 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. {) The applicant should provide the water demands and calculations to the Engineering Division so it can be included in the State Water Projects Plan Update. () Additional Comments: () Other: Should you have any questions,please call Ms.Suzie S. Agraan of the Planning Branch at 587-0258. Signed: 4161 CART H "CHIEF ENGINEER Date: 086485 i t State of Hawaii x, p FLOOD HAZARD ASSESSMENT REPORT .a .. 0250C 4 £c. ve; .i'A. fl.e PANEL NOT PRINTED {MINIMA TSUNAMI INUNDATION) :,, 1 *•q $q i. *� (3) 3-6-005. 3 PO i l PANEL NOT PRINTED /c, (MINIMAL TSUNAMI INUNDATION) of ` � :_._. NATIONAL FLOOD INSURANCE PROGRAM FLOOD ZONE DEFINITIONS PROPERTY INFORMATION SPECIAL FLOOD HAZARD AREAS SUBJECT TO INUNDATION BY THE 1%ANNUAL COUNTY: HAWAII CHANCE FLOOD—The 1%annual chance flood(100-year flood),also known as the base TMK NO: (3)3-6-005-003 flood,is the flood that has a 1%chance of being equaled or exceeded in any given year. PARCEL ADDRESS: 36-2720 OLD MAMALAHOA HIGHWAY The Special Flood Hazard is the area subject to flooding by the 1%annual chance flood. LAUPAHOEHOE,HI 96764 Areas of Special Flood Hazard Include Zone A,AE,AH,AO,V,and VE. The Base Flood FIRM INDEX DATE. APRIL 02,2004 Elevation(FIFE)is the water-surface elevation of the 1%annual chance flood. Mandatory LETTER OF MAP CHANGE(S): NONE flood insurance purchase applies in these zones: Zone A: No BFE determined. FEMA FIRM PANEL(S): Zone AE: BFE determined. Zone AH: Flood depths of 1 to 3 feet(usually areas of ponding);BFE detamined. Zone A0: Flood depths of 1 to 3 feet(usually sheet flow on sloping terrain); average depths determined. Zone V: Coastal flood zone with velocity hazard(wave action);no BFE determined. PARCEL DATA FROM JULY 2011 ■Zone VE: Coastal flood zone with velocity hazard(wave action);BFE determined IMAGERY DATA FROM: MAY 2005 ■Zone AEF: Floodway areas in Zone AE. The floodway is the channel of stream IMPORTANT PHONE NUMBERS plus any adjacent floodplain areas that must be kept free of encroachment so that the 1%annual chance flood can be carried without increasing the BFE County NFIP Coordinator NON-SPECIAL FLOOD HAZARD AREA—An area Ina low-to-moderate risk flood zone County of Hawaii No mandatory flood insurance purchase requirements apply,but coverage is available in Frank DeMarco,CFM (808)9618042 participating communities. State NFlp Coordinator IN Carol Tyau-Beam,P.E,CFM (808)587-0267 Zone XS(X shaded): Areas of 0.2%annual chance flood;areas of 1%annual chance flood with average depths of less than 1 foot or with drainage areas less Disclaimer.The Department of Land and Natural Resources(OLNA) than 1 square mile and areas protected by levees from 1%annual chance flood assumes no responsibility arising from the use of the informatbn contained in this report Viewers tfsers are responsible tar verifying the Zone X: Areas deterrmned to be outside the 0 2%annual chance floodplain accuracy of the information and agree to indemnify the DLNR from any OTHER FLOOD AREAS liability,which may arise from its use. Zone D: Unstudied areas where flood hazards are undetermined,but flooding is if this map has been identified as PRELIMINARY'or'UNOFFICIAL'. nit te e th is provided x informational purposes and is po ssible. No mandatory ry Rood insurance pu rchase requirements a pp I y,but covera ge not to be used f or official/legal decisions,regulatory compliance, or flood is available in participating communities insurance rating Contact your county NFIP coordinator for Rood zone determinations to be used for compliance with local lloodplain management regulations 086 N� iii l+ 1 0 ? � � WILLIAM J.AILA,JR. NEIL ABERCRO �I I:Xt.., f',? a 1..''` g O F Nq CHAIRPERSON GOVERNOR OF IfAW III ' �"tik' BOARD OF LAND AND NATURAL RESOURCES A e,595g 7i: COMMISSION ON WATER RESOURCE MANAGEMENT ;1, .:' { t ESTHER KIA'AINA FIRST DEPUTY • ° . `od and t -6 �` °1 . s, +c.. `5 Aj tL� -.,.�1,� ,�',�I WILLIAM M.TAM cif" ' a� ,`, - 449;• DEPUTY DIRECTOR-WATER , e AQUATIC RESOURCES `a.,,r-y„ ¢,9 p51 BOATING AND OCEAN RECREATION r� BUREAU OF CONVEYANCES 1,-- -- COMMISSION ON AU OF C RESOURCE MANAGEMENT CONSERVATION AND COASTAL LANDS x HISTORIC PRESERVATION DIVISION CONSERVATION AND RESOURCES ENFORCEMENT � � ENGINEERING FRESTRY AND stdreoftatIO DEPARTMENT OF LAND AND NATURAL RESOURCES HISTORIC PRESERVATION RAHOOLAW E ISLAND RESERVE COMMISSION 601 Kamokila Boulevard,Suite 555 STATE LAND PARKS Kapolei,HI 96806 July 26,2013 Duane Kanuha LOG NO:2013.4214 County of Hawaii DOC NO: 1307SN24 Planning Department Archaeology 101 Pauahi Street Hilo,HI 96720 Dear Mr.Kanuha: SUBJECT: Chapter 6E-42 Historic Preservation Review— County of Hawaii Change of Zone Application for(REZ 13-000168)A-20a to A-5a Waipunalei Ahupua`a,North Hilo District,Island of Hawaii TMK: (3)3-6-005:003 Thank you for the opportunity to review the request for a change of zone application that was received by our office on July 2,2013. According to the application,the proposed zone change will be from Agricultural-20 acres(A-20a) to Agricultural-5 acres(A-5a). Thank you for the opportunity to review this request for a no effect determination for the aforementioned parcel. According to the request, the 10.17 acre parcel will be subdivided into 2 lots of approximately 5 acres in size.The application requests that the property be rezoned from A-20a to A-5a to facilitate the subdivision of the parcel. Our records indicate that the request for rezoning and subdivision are to facilitate family estate planning for the future. In a letter dated March 13, 2013 (Log No. 2013.3659 Doc. No. 1306SN15), SHPD determined that the proposed subdivision plans and change of zoning would result in no historic properties affected. As earlier stated, the current request involves no ground disturbance or activities that would have an impact on any of the walls present that are determined to be historic. The SHPD Architecture Branch has determined that the 1908 dwelling does not possess sufficient integrity or unique characteristics to make it eligible for the State Register. We have received no new information that would change our previous determination; SHPD believes that no historic properties will be affected by the current application. We request that SHPD be contacted if any modifications to the historic walls or any land alteration such as grading or grubbing is planned in the future. Please contact Sean Naleimaile at(808)933-7651 or Sean.P.Naleimaile a,Hawaii.gov if you have any questions or concerns regarding this letter. Aloha, /4.),,,Ir_- I----- / Theresa K.Donham Archaeology Branch Chief cc: Angie Westfall,Architecture Branch I SWANNED t AUG - 7 2013 Planning Dept. BY:QRf 8O6 AIM Exhibit 9 RBolnerREZ.doc-8/6/13 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION JON R. BOLNER CHANGE OF ZONE APPLICATION(REZ 13-168) Upon careful review of the request, the Planning Director recommends that a favorable recommendation for the Change of Zone be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony,the Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant requests a Change of Zone from A-20a to A-5a to subdivide the 10.17-acre property into two (2) lots of roughly equal size for estate planning purposes with each proposed lot to be conveyed to the applicant and his sister-in-law for agricultural purposes and individual homesites. The applicant is proposing the cultivation of fruit trees as well as the raising of chickens, while the sister-in-law, who currently lives on the property, is using portions of the property as pasture for cattle and goats. 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 a comprehensive policy analysis approach that evaluations and decisions can be made to better time or stage developments to achieve quality growth. The implications of these evaluations and decisions must also be considered as they may have an impact on other similar areas in the County. The Change of Zone request from A-20a to A-5a conforms to the goals, policies and standards of the General Plan Economic and Land Use Elements. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals,policies, standards and courses of action to accommodate growth without congestion,to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation -1- Attachment to: Comm. 491 Bill 145 systems. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land Use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The proposed change of zone conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The property is designated Important Agricultural Lands (IAL) and Open(along the shoreline). The IAL designation includes lands with better potential for sustained high agricultural yields due to soil type, climate, topography, or other factors. The ALISH Map identifies the area as Prime Agricultural Land and Other Important Agricultural Land(OIAL). OIAL is land other than Prime or Unique Agricultural Land that is of statewide or local importance for the production of food, feed, fiber and forage crops. The lands in this classification are important to agriculture yet they exhibit properties such as seasonal wetness, erosion, limited rooting zone, slope, flooding, or drought that excludes them from the Prime or Unique Agricultural Land classifications. The Land Study Bureau's Productivity rating for the site is "C" or"Fair". Soils on the property are identified as Ookala medial silty clay loam, 10 to 20 percent slopes. This proposed change of zone would allow this 10.17-acre parcel to be subdivided into two 5-acre lots that will not compromise the integrity of the subject property to accommodate agricultural uses. Each proposed lot will provide a minimum of 5 acres of land to be utilized as a homesite as well as sufficient land area to support the applicant's agricultural intentions, which he indicated as the cultivation of fruit trees and the raising of chickens. The applicant's sister-in-law, who currently resides on the property,will have sufficient land area to continue her pasture operations for her cattle and goats. -2- Lands around the vicinity of the property are zoned A-20a and include residential and agricultural uses. The proposed change of zone would complement the existing land uses nearby and provide for an orderly development of the area. As there is no community development plan developed for this area,the application was not reviewed against any established guidelines or objectives of an approved CDP. Currently in the development stage, the Hamakua CDP, covering the area between the Hamakua district to the rural South Hilo district, would be the appropriate guiding planning document for this area. The CDP is proposed for completion in 2014. The proposed request will result in a more appropriate land use pattern that will further the public necessity and convenience and the general welfare. The proposed request does not seek to amend the existing Agricultural classification of the property but merely a change in density from a minimum lot size of twenty acres to a minimum lot size of five acres. The change to a five-acre zoning would allow the property to be subdivided into two lots to facilitate the applicant's estate planning objective. The zoned district classification will remain Agriculture. While the subject property and immediately surrounding lands are zoned Agricultural-20 acres, the majority of lots within the immediately vicinity of the subject property are smaller than the minimum 20-acre lot size prescribed by zoning. Some lots within a few hundred feet of the property are just over an acre in size. We do not find that approval of the change of zone would result in the establishment of an undesired land use pattern since the area already accommodates parcels less than five acres in size. All utilities and services are available to the site. According to the Department of Water Supply,water can be made available from an existing waterline within the Old Mamalahoa Highway. The proposed lots will utilize individual wastewater treatment systems meeting with the approval of the Department of Health. Solid waste will be disposed of at appropriate sites designated by the Department of Environmental Management. Police, fire, and emergency services are available in Honoka`a and Laupahoehoe. The proposed request will not burden public agencies to provide utilities and services. Access to the property is from the Old Mamalahoa Highway, a County -3- maintained road with a right-of-way of approximately 50 feet. There is a section of a County-owned paved access road connecting the Old Mamalahoa Highway with the Hawai`i Belt Road. County water is available to the proposed two lots. Solid waste will be disposed of in appropriate landfill locations. All essential utilities and services are available to the site, and police and fire services are located in Honoka`a and Laupahoehoe. There are no severe geological or topographical problems that cannot be properly rectified or which would render the land unusable. According to the Flood Insurance Rate Map (FIRM)prepared by the Federal Emergency Management Agency(FEMA), the property is located in an area identified as Minimal Tsunami Inundation. The applicant will be required to direct all development generated storm run-off to be disposed on-site and not onto adjacent properties or roadways. The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. Although the property is located within the Special Management Area and fronts the coastline, it is elevated from the shoreline by cliffs of approximately 200 feet in height and has no direct ocean access. The proposed action will not have any significant impact on shoreline resources due to the property's location on top of a high bluff. However, as the property is located within the SMA, the applicant filed a SMA Assessment application for the construction of a single-family dwelling/demolition of an existing single-family dwelling upon the construction of the new dwelling. The request was approved by the Planning Department on March 28, 2011. There is no record of a designated public access to the shoreline or mountain areas that traverses the property. Although no studies were conducted of the site, it is not anticipated that endangered or threatened candidate species of flora or fauna are located within the site because the property has been improved with a dwelling and used for agricultural purposes for over 100 years. According to the applicant, 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 • -4- not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Finally, if approved, the applicant could construct additional dwellings on each newly created lot,resulting in an increase in the overall unit density within the project site. The Planning Director supports this rezoning request, but only on the condition of allowing one dwelling on each lot. Therefore, a condition of approval will be included in the Change of Zone ordinance to prohibit a second dwelling unit and/or a condominium property regime on each subdivided lot. Based on the above, approval of this change of zone request from an A-20a to an A-5a zoned district would result in an appropriate land use pattern that will further benefit the general public. The accompanying draft bill to amend Section 25-8- 19 (North Hilo Zone Map), Chapter 25 (Zoning Code) of the Hawai`i County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -5- COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-19 (NORTH HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—TWENTY ACRES (A-20a)TO AGRICULTURAL—FIVE ACRES (A-5a) AT WAIPUNALEI, NORTH HILO, HAWAII, COVERED BY TAX MAP KEY 3-6-005:003. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I: SECTION 1. Section 25-8-19, 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 Waipunalei, North Hilo, Hawai`i, shall be Agricultural—Five Acres(A-5a): Beginning at the west corner of this parcel of land and on the northerly side of Old Mamalahoa Highway, the coordinates of said point of beginning referred to Government Survey Triangulation Station"WAIPUNALEI"being 99.30 feet South and 94.20 feet West and running by azimuths measured clockwise from True South: 1. 224° 30' 700.00 feet along Lot 4A; 2. Thence following along the top of sea bluff and all its windings, the azimuth and distance being: 323° 38' 30" 644.93 feet(calculated); 3. 44° 30' 687.02 feet(calculated) along Lot 6; 4. 142° 30' 643.00 feet along the northerly side of Old Mamalahoa Highway to the point of beginning and containing an area of 10.17 (recorded) acres. -1- All as shown on the map attached hereto,marked Exhibit"A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 (2005 Edition), the County Council finds the following conditions are: Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (1) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use,or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII ,Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -2- / \'' '.--------.. Ocean a AGRICULTURAL-TWENTY ACRES(A-20a) TO AGRICULTURAL-FIVE ACRES(A-5a) �-'� ,. 10.17 ACRES TOTAL ' 99.30'5 9420 W WAIPUNALE" k µlx r s0S-"A i fitxt „�.y ,y, " � ',-,,: .4 err r P e� w-,AAA.�'Z �•`"* r, .f`t `,,:„ as'` '. 1e. 'r �, -ty-J'4'S.J Z. 4 �� 4,,,740,4„;44$4'/, All Surrounding Parcels N on this Map are arcel ,~t�. •cr' y9� ono r 4'i� 942. fA, \ ** Feet 0 250 500 1,000 1,500 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-19 (NORTH HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL -TWENTY ACRES (A-20a)TO AGRICULTURAL- FIVE ACRES (A-5a), AT WAIPUNALEI, NORTH HILO, HAWAII MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TMK:(3)3-6-005:003 DATE:JUNE 17,2013 EXHIBIT"A" Estate of Elizabeth A.Bolner Map 1337 CBolnerREZ.doc-8/6/13 JON R. BOLNER CHANGE OF ZONE APPLICATION NO. 13-168 CONDITIONS OF APPROVAL A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The 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. C. The required water commitment payment shall be made to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within one hundred and eighty(180) days from the effective date of this ordinance. D. Final Subdivision Approval of the proposed agricultural subdivision shall be secured from the Planning Director within five (5) years from the effective date of this ordinance. E. Restrictive covenants in the deeds of all the proposed lots within the subject property shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owners of the property may also impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State of Hawai`i 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. F. The driveway connection to the Old Mamalahoa Highway shall conform to Chapter 22, Streets, of the Hawai`i County Code. G. The method of sewage disposal shall meet the requirements of the Department of Health. H. All development-generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. 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 Resource— 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. J. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exaction or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. K. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. L. An initial extension of time for the performance of conditions within the permit may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance(i.e., a condition to be performed within one year may be extended for up to one additional year). 5. If the applicant should require an additional extension of time, the Planning Department shall submit the applicant's request to the Hawai`i County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the area to its original or more appropriate designation. 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