HomeMy WebLinkAboutCOM 0904.000 2012-2014 •
h
..' ,,'. Walter K.M.Lau
W'6 ` Managing Director
William P.Kenoi ,.(•��� •
Mayor
Randall M.Kurohara
41� Deputy Managing Director
County of Hawaii
Office of the Mayor
25 Aupuni Street,Suite 2603 • Hilo,Hawaii 96720 • (808)961-8211 • Fax(808)961-6553
KONA: 74-5044 Ane Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawaii 96740
(808)323-4444 • Fax(808)323-4440
n
May 13, 2014 Co
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--4
J Yoshimoto, Council Chair it
and Members of the County Council �r
County of Hawai`i w Ta
25 Aupuni Street ea
Hilo, HI 96720
Dear Chairman Yoshimoto and Members:
SUBJECT: Vhange of Zone Application (REZ14-000172)
Applicant: B2-II Educational Trust
Request: A-3a and A-la to FA-la
Tax Map Key: 2-4-034:046
Change of Zone Application(REZ 14-000173)
Applicant: Jason DePonte
Request: Agricultural (A-3a)to Residential and Agricultural (RA-1a)
Tax Map Key: 2-4-038:012
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 letters and
enclosures regarding the above-referenced requests.
Sincerely,
William P. Kenoi
Mayor
Enclosures
cc: Planning Department
lf� \ Comm. No. - o /
\ O t 1\ pZ�Q o I Ref. To: ,9°
Ref. Date MAY 1 6 2014
County of Hawaii is an Equal Opportunity Provider and Employer.
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0•M•�''
County of Hawaii
WINDWARD PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720
Phone(808)961-8288 • Fax(808)961-8742
MAY 1 3 2014
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 14-000172)
Applicant: B2-II Educational Trust
Request: A-3a and A-la to FA-1a
Tax Map Key: 2-4-034:046
The Windward Planning Commission, at its duly held public hearing on May 1, 2014,
recommended for your approval the proposed legislative bill for a Change of Zone from
Agricultural 3-acre(A-3a) and Agricultural 1-acre(A-la)to a Family Agricultural 1-acre
(FA-1a) zoning district for 3.012 acres of land. The property is located at the end of
Ho`ohoaloha Street, approximately 1,500 feet south from its intersection with Ainaola Drive,
Waiakea Homestead 2nd Series, South Hilo, Hawai`i.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the request:
The applicant is requesting a change of zone from an Agricultural 3-acre(A-3a)
and an Agricultural 1-acre(A-la)zoned district to a Family Agricultural 1-acre(FA-la)
zoned district for 3.012 acres of land in order to subdivide the property into 3 lots, which
will be conveyed to the applicant's children.
The change of zone request from A-3a and A-la to FA-la will conform to,
among others,the Land Use element and Land Use Pattern Allocation Guide
(LUPAG) Map of the General Plan. In order to consider an area for any type of zoning
Hawaii County is an Equal Opportunity Provider and Employer
J Yoshimoto, Council Chair
and Members of the County Council
Page 2
designation, the applicable goals, policies and standards of the General Plan must be
adequately addressed. It is only through such a comprehensive policy analysis approach
that evaluations and decisions can be made to better time and stage developments to
achieve growth determined by the General Plan and related planning documents. The
implications of these evaluations and decisions must be also considered as they may have
an impact on similar areas in the County. The Land Use- Agriculture element of the plan
seeks to protect and maintain important agricultural lands from urban encroachment.
However, the subject property is not classified as important agricultural land and has not
been in agricultural use but in residential use for over thirty years. In fact the LUPAG
Map,which establishes the basic urban and non-urban form for areas within the County
designates the subject property as Low Density Urban which allows for residential uses
with an overall density of up to six units per acre, ancillary community and public uses,
and neighborhood and convenience-type commercial uses.
According to the Zoning Code, the purpose of the Family Agricultural district is
to provide for a blend of small-scale agricultural operations associated with residential
activities which may be characterized by farm estates, small acreage farms, or subsistence
lots in areas where public services and infrastructure are appropriate to support the very
low density residential needs of the community and where a substantial number of
surrounding parcels are less than five acres in size. Surrounding properties to the south,
east and west are similarly zoned A-3a. Surrounding properties to the north are zoned A-
1 a. The area consists of agricultural uses, scattered dwellings and vacant lots. To the east
is a property that was similarly rezoned from A-3a to FA-la in 2010. A substantial
number of surrounding parcels are less than five acres in size, especially to the north of
the subject property.
A change of zone to the FA district classification would be appropriate in this area
and the request is consistent with the General Plan as it will not diminish the potential for
future agricultural uses on the property and will remain consistent with the LUPAG
designation for this area.
All essential utilities and services are available to the site. Access to the
property is from Ho`ohoaloha Street and Ho`ohoaloha Place,which are both County
owned and maintained streets that have 20-foot wide pavement roads with paved
shoulders and swales in good condition within 50-foot right-of-ways. Two (2) of the
proposed lots will access from Ho`ohoaloha Street and one of the lots will access from
Ho`ohoaloha Place, which currently has an 8-foot wide paved road within an 25-foot road
and utility easement over another existing lot.
J Yoshimoto, Council Chair
and Members of the County Council
Page 3
County water is available from an existing 6-inch waterline fronting the subject
property. As there is no municipal sewer system in the area, wastewater will be disposed
of through individual wastewater system(s)meeting with the State Department of Health.
Solid waste is currently disposed of at an authorized landfill in Hilo. Electrical and
telephone services are available to the site. Police services are located about 4 miles
away in downtown Hilo and fire services area located within 2 miles of the property on
Kawailani Street. Medical services are available in Hilo. To limit the cumulative impact
of the proposed subdivision on area infrastructure, a condition of approval will prohibit a
second dwelling and condominium property regime on each lot.
The request is not contrary to Chapter 205A,Hawaii Revised Statues,
relating to Coastal Zone Management Area. The subject property is located over four
miles from the shoreline and is not in the Special Management Area. Thus, the property
will not be affected by coastal hazards and beach erosion. There are no identified
recreational resources, public access to the shoreline or mountain areas, scenic and open
space preserves, coastal ecosystems, marine resources or other natural and environmental
resources on the subject property.
In view of the Hawai`i State Supreme Court's "PASH" and"Ka Pa'akai 0
Ka Aina"decisions,the issue relative to native Hawaiian gathering and fishing rights
must be addressed in terms of the cultural, historical, and natural resources and the
associated traditional and customary practices of the site:
• Investigation of valued resources: No formal archaeological reconnaissance
survey, oral history of kama`aina accounts of the area,historical survey of
documentary records, or botanical study was included in the application.
• The valued cultural,historical, and natural resources found in the rezoning area:
The property has been previously bulldozed and cleared, and is currently in
residential use. The Department of Land and Natural Resources-Historic
Preservation Division issued a"no-effect"letter stating that they believe that no
historic properties will be affected by the current application. A condition of the
change of zone will require that the applicant cease work and notify the SHPD
should any unanticipated archaeological features or sites be uncovered during the
course of development.
• Possible adverse effect or impairment of valued resources: Native plants may be
destroyed by ground alteration. There is no evidence that the flora in the area are
particularly desired or used for cultural practices.
J Yoshimoto, Council Chair
and Members of the County Council
Page 4
• Feasible actions toprotect native Hawaiian rights: As stated by the applicant, no
gathering is taking place on the site. Thus, to the extent to which traditional and
customary native Hawaiian rights are exercised, the proposed action will not
affect traditional Hawaiian rights; therefore, no action is necessary to protect these
rights.
Based on the above findings, the approval of the Change of Zone request from an
Agricultural (A-3a) and an Agricultural (A-la) to a Family Agricultural (FA-la)
zoned district would result in an appropriate land use pattern that will further benefit the
public.
For your favorable consideration an amendment to Section 25-8-33, the City of Hilo Zone Map,
of the County Zoning Code is transmitted.
We are enclosing copies of the staff Background, Planning Director's Recommendation, and the
Powerpoint presentation for your information.
Sincerely, ,,t_i___L__
Ronald Gonzales, Chairman
Windward Planning Commission
LB2-Ilrezl4-172wpc2
Enclosures
cc: Sidney M. Fuke, Planning Consultant
B2-II Educational Trust
Department of Public Works
Department of Water Supply
Department of Land &Natural Resources-HPD
William Brilhante, Esq., Corporation Counsel
3B2-11-REZI4-172.jwd 04-16-14
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
B2-II EDUCATIONAL TRUST
CHANGE OF ZONE APPLICATION (REZ 14-0001721
B2-II EDUCATIONAL TRUST has submitted an application for a Change of Zone from an
Agricultural 3-acre (A-3a) and an Agricultural 1-acre(A-1a)to a Family Agricultural 1-acre
(FA-1a)zoned district for 3.012 acres of land. The property is located at the end of Ho`ohoaloha
Street, approximately 1,500 feet south from its intersection with Ainaola Drive,Waiakea
Homestead 2°d Series, South Hilo, Hawai`i, TMK: 2-4-034:046.
PROPOSED ACTION
1. Request: The applicant is requesting a change of zone from an Agricultural 3-acre
(A-3a) and an Agricultural 1-acre(A-la) zoned district to a Family Agricultural 1-acre
(FA-1a)zoned district for 3.012 acres of land.
2. Reason for Request: The applicant is requesting the change of zone in order to
subdivide the property into 3 lots. According to the applicant, the lots are intended to be
conveyed to the applicant's children. Upon approval of the change of zone,the applicant
plans on having the land subdivided by early or middle of next year(2015). (Planning
Department Exhibit 1 -Change of Zone Application)
STATE AND COUNTY PLANS
3. State Land Use Designation: Agricultural.
4. County Zoning: Agricultural-3 acres(A-3a) and Agricultural-1 acre(A-1a)
5. GP LUPAG Map: Low Density Urban.
6. Hilo Community Development Plan (CDP): The Hilo Community Development Plan
adopted by Planning Commission Resolution No. 1 on May 21, 1975 identifies the area
as A-3a and A-la, and as an area for alternate residential expansion.
7. Special Management Area(SMA): The property is not located within the Special
Management Area(SMA) and is approximately four(4)miles from the coastline.
DESCRIPTION OF SUBJECT PROPERTIES AND SURROUNDING AREA
8. Subject Property: The subject property is trapezoidal in shape and is 3.012 acres in
size. The property has been previously bulldozed and cleared. There is a newly
Re: Bill 260/Golan. 904
constructed single family dwelling on the property that was finaled in March of 2014.
9. Surrounding Zoning/Land Uses: Surrounding properties to the south,east and west are
similarly zoned A-3a. Surrounding properties to the north are zoned A-la. The area
consists of agricultural uses, scattered dwellings and vacant lots. To the east is a property
that was similarly rezoned from A-3a to FA-1 a in 2010.
10. ALISH: Unclassified with a small portion classified as"Prime Agricultural Land".
11. Land Study Bureau's Detailed Land Classification System: "C"or"Fair"and"D"or
"Poor".
12. U.S. Soil Survey: Olaa extremely stony silty clay loam, 0 to 20 percent slopes(OM).
Permeability is rapid, runoff is slow, and the erosion hazard is slight. This soil type was
used for sugarcane.
13. FIRM: Zone "X", an area determined to be outside the 500-year flood plain.
14. Flora/Fauna Resources: No professional surveys were conducted of the site as the
property has been previously bulldozed, cleared and is in residential use. According to
the applicant,the site's vegetation is pretty much dominated by grazing grass typically
called"Wainaku",as well as some invasive trees like African Tulip and Albizia.
According to the applicant,they do not believe that any rare or endangered floral or
faunal resources are likely to be found within the site.
15. Historical/Cultural/Archaeological Resources: The property has been previously
bulldozed, cleared and is in residential use. . In a"no-effect"letter dated February 5,
2014,the Department of Land and Natural Resources-Historic Preservation Division
stated that they believe that no historic properties will be affected by the current
application.
16. Public Access: There is no record of a designated public access to the shoreline or
mountain areas that traverses the properties.
PUBLIC UTILITIES AND SERVICES
17. Access: Access to the property is from Ho`ohoaloha Street and Ho`ohoaloha Place,
which are both County owned and maintained streets that have 20-foot wide pavement
roads with paved shoulders and swales in good condition within 50-foot right-of-ways.
Two (2) of the proposed lots will access from Ho`ohoaloha Street and one of the lots will
access from Ho`ohoaloha Place,which currently has an 8-foot wide paved road within an
-2-
25-foot road and utility easement over another existing lot.
18. Water: County water is available from an existing 6-inch waterline fronting the subject
property.
19. Wastewater System: There is no municipal sewer system available in the area.
Wastewater will be disposed of through individual wastewater system(s)meeting with
the State Department of Health
20. Solid Waste: Solid waste will be disposed of at an authorized landfill in Hilo.
21. Essential Utilities and Services: Electrical,telephone and cable services are available to
the property. Police services are located in downtown Hilo, about 4 miles from the
property. Fire services are on Kawailani Drive. Medical services are available in Hilo.
AGENCIES' AND ORGANIZATIONS' COMMENTS
22. Department of Public Works: (Planning Department Exhibit 2—March 5 &6,2014
Memos)
23. Department of Water Supply: (Planning Department Exhibit 3—March 10,2014
Memo)
24. Department of Environmental Management: (Planning Department Exhibit 4—
February 13 &24,2014 Memos)
25. Police Department: (Planning Department Exhibit 5—February 19,2014 Memo)
26. Fire Department: (Planning Department Exhibit 6—February 25,2014 Memo)
27. Department of Land and Natural Resources-Land Division: (Planning Department
Exhibit 7—March 8,2014 Letter)
28. Department of Health: (Planning Department Exhibit 8—March 6,Z014 Memo)
APPLICANT'S RESPONSE TO AGENCY COMMENTS
29. The applicant has submitted several letters dated March 10, 11 & 13,2014 responding to
agency comments. The March 11, 2014 letter has a copy of the February 5, 2014"no-
effect"letter from DLNR-SHPD. (Planning Department Exhibit 9—Letters Dated
March 10, 11 & 13,2014 from the Applicant)
PUBLIC COMMENTS
30. As of the date of this writing, the Planning Department has not received any objections
from the general public or adjacent landowners on the subject application.
-3-
1
SidneyFuke,plar Consultant •
100 Pauahi Street,Suite 212•Hilo,Hawaii 96720 PANNING DEPARTMENT •Planning•valiance-zoning
Telephone:(808)969-1522•Cell:.(808)989-0640 C" !t'TV (IF tlA ill •Subdivision•Land Use Permits
' E-mail:sidfuke@hawaiiantel.net •Enveonmental Reports
21114 raj —6 PM Is 4Q
February 5, 2014
Mr. Duane Kanuha,Director
Planning Department
COUNTY OF HAWAII
I0I Pauahi Street
Hilo, HI 96720
ATTN: Mr. Jeff Darr
•
CHANGE OF ZONE APPLICATION
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information)
APPLICANT: B-lI Educational Trust
APPLICANT'S SIGNATURE: ^"TE:1/30/14
ADDRESS: 63 Ho'ohoaloha Street Hilo, Hawaii 96720
LIST APPLICANT'S INTEREST IF NOT OWNER
LIST PRINCIPALS)INCLUDING NAMES OF MAIN OFFICERS:
PHONE:(Bus.) (Res.) (808) 756-5584 (Fax)
LANDOWNER(S): B II Educational Trust
LANDOWNER SIGNATURE(S): •, s : 1/30/14
(May . .• etter)
LANDOWNER(S)ADDRESS: 63 Hoohoaloha Street Hilo.HI 96720
REQUEST: A-3a TO FA-la
(Existing zoning) (Proposed Zoning)
TAX MAP KEY: 2-4-034: 046
STREET ADDRESS OF PROPERTY: 63 Hoohoaloha Street
SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 3.014 acres
AGENT: Sidney M Fuke,Planning Consultant
ADDRESS: 100 Pauabi Street, Suite 212
FTilo._HI 96720
TELEPHONE:(Bus.) 969-1522 (Res.) (Fax)
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Sidney Fuke COPIES: B-]I Educational Trust
ATTACHMENT
Agricultural Rezoning
PLANNING DEPARTMENT
COUNTY OF HAWAII
APPLICATION FOR CHANGE OF ZONE
I . If your request is approved, do you intend to subdivide the subject
land in accordance with the approved change of zone? Yes
If yes, please answer the rest of question 1 and then to question 3.
a. How many acres of the requested area do you intend to subdivide? All
b. Into what lot sizes? lacre
c. If your request is approved, approximately how long after the
date of approval do you expect to submit your subdivision plans
to the Planning Department for preliminary approval? 1 month
d. Do you intend to build houses on the newly created lots? no
If yes, please answer the following questions:
On how many of those lots?
At what approximate price range? House
Lot
Total
Approximately how long, after approval of the subdivision,
would the first house be available for occupancy?
If you intend to subdivide, please submit a preliminary schematic
subdivision plan together with your change of zone application
form.
2. If you have no firm plans of subdividing the subject area, do you
intend to:
a. Sell or lease the land to someone who has firm plans? N/A
b. Sell or lease the land to someone who has tentative plans? N/A
C . Sell or lease the land to someone who has no plans? N/A
d. Keep it? N/A
e.
P. D. 2 5/84
I . If you intend to do either a, b, c, please elaborate on the kind
of plans the other party has. Please, also include in your
answer approximately how soon after approval of your rezoning do
you expect to transfer the subject land to another party.
3. Do you think that your request and your further plans for the land
will alleviate the local housing situation? Yes
How?
By providing land for family member,it eliminates need fora lot in the open ma±et
4. Are there any buildings on the subject area? Yes
If so, what kind?
Residence
What do you intend to do with those buildings if your request is
approved?
Continue to reside on tine lot
5. Is the subject land currently being used for any agricultural activity? yes -
If so, please list the kinds of products grown and on how many
square feet or acres of land per product.
some citrus trees and grazing
6. Was your request to allow for the creation of smaller agricultural
lots? No
If so, did your plan include the following considerations?
a. Commodity to be produced?
What kinds of commodity?
b. Suitability of the proposed lot-size for that commodity?
c . Sufficient farm size to allow reasonable chance of success in
commercial agriculture?
-2-
d . Agricultural leases or other forms of assurance that potential
buyers or leases would put the subject area into some form of
agricultural use?
Please state the proposed type of arrangement.
Please submit your agricultural plans for the subject area and
present evidence of consideration of the above requirements together
with your request for a change of zone.
If you do not intend to subdivide the subject land for some sort of
agricultural purpose, please state your other reasons.
7. To your knowledge, has there been any flooding and/or drainage problem
on the subject area? No
If so, please describe the problem.
Please refer to planning and enviromnental report for this req nest.
8. Do you think that the roads leading to the subject area needs
improvements? No
If so, what kind?
Please refer to planning and envimnmeutal report fro this request
Is the road adequate for the proposed traffic volume or load? Yes
9. What sort of governmental assistance and/or improvements do you feel will
be needed in the subject area when developed?
Yes No
a. Schools X
b. Roads X
c. Sewer X
d. Drainage X
-3-
Yes No
e . Police Protection X
f . Fire Protection X
g, Recreational Facilities X
X
h . Public Utilities
X
I. Other
For those checked "yes", please elaborate what type or kinds of improvements
and/or assistance are needed.
Signature:
Address: 63 Ho'ohoaloha Street Hilo,HI 96720
Telephone: (808)756-5584
Date: January 28,2014
-4-
COUNTY ENVIRONMENTAL REPORT
COUNTY REZONING REQUEST (A-3a to FA-1a)
B-II Educational Trust
WAIAKEA, SOUTH HILO, HAWAII
TAX MAP KEY: (3) 2-4-034: 046
I. INTRODUCTION
B-II Educational Trust ("applicant") is requesting the rezoning of a 3.012
acre parcel from the Agriculture (A-3a) to Family-Agriculture (FA-1a) district
in Waiakea Homesteads, South Hilo, Hawaii. The property is located at the
south end of Ho'ohoaloha Street, approximately 2,500 feet from its
intersection with Ainaola Drive. The Waiakea Uka Park is located on the
north side of Ainaola Drive, almost opposite of Ho'ohoaloha Street.
(Figures 1 and 2).
If approved,`the applicant intends to subdivide the 3+ acre parcel into three
(3) lots, consisting of a minimum of 1-acre each. At this time, the lots are
intended to be conveyed to the applicant's children.
11. PROJECT LOCATION
As noted earlier, the subject property is located at the end of Ho'ohoaloha
Street, approximately 2,500 feet from its intersection with Ainaola Drive. The
County Waiakea Uka Park is located on the north side of Ainaola Drive, near
its intersection with Ho'ohoaloha Street. There are a number of residences
on 1-acre sized lots within the subdivision. There is also a store and related
urban uses adjacent and makai or west of Ho'ohoaloha Street.
(Figures 1 and 2).
The entire property is somewhat trapezoidal in shape, with its narrow point
abutting Hooper Road. It runs in a mauka-makai(east/west) direction.
III. PROJECT DESCRIPTION
A. Project Concept and Components
The subject site consists of 3.012 acres and has a dwelling on it. The
applicant wishes to subdivide the subject property into three (3) lots
and eventually convey them to members of the Trust. The Trust
essentially consists of family members.
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If approved, the proposed lots would consist of a minimum of 1 acre in
size. As proposed, two of the newly created lots would have access
from Ho'ohoaloha Street while the remaining lot would access over
an easement that touches down to Ho'ohoaloha Place. (Figure 3)
It is understood that the subdivision plan submitted herein may have
to be adjusted prior to receipt of final subdivision approval to
accommodate County subdivision requirements and appropriate
conditions of approval.
B. Protect Timetable and Cost
The applicant hopes to secure County rezoning approval as soon as
possible and begin the subdivision process immediately thereafter.
Tentatively, plans call for having the land subdivided by the early or
middle part of next year. The estimated cost of improvements for
this project should not be significant, as the site is already serviced
with an improved road access. Since the existing dwelling already
has a water meter, two (2) more meters are needed to serve the other
two (2) proposed lots.
IV. INSTITUTIONAL CONSIDERATIONS
A. State Land Use
The subject site is designated Agriculture. Based on the proposed lot
size, no State Land Use Commission action is required. The County
of Hawaii can process the rezoning request.
B. County General Plan
The County General Plan Land Use Pattern Allocation Guide
("LUPAG") map designates the subject site Low Density Urban. This
designation allows consideration for uses that are single-family
residential in character, ancillary community and public uses and
convenience type of commercial uses.
The proposed family-agricultural subdivision resulting in three (3) lots
would be consistent with the Low Density Urban designations. As
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FIGURE 3
such, no General Plan amendment would be required to effectuate
this project.
C. Hilo Community Development Plan
The Hilo CDP was adopted by the Planning Commission in 1975 over
25 years ago and intended to further define the General Plan and
provide short and middle range implementation strategies of the
General Plan. Since the adoption of the Hilo CDP, there have been
significant land developments in the City of Hilo, including the
shopping complexes in and around the Puainako/Kanoelehua
Intersection, expanded commercial uses near the University
complexes and commercial/industrial uses along the southern portion
of the Waiakea Houselots area. These developments render many of
the CDP land use concepts obsolete.
Although the document was reviewed by the County Council, the CDP
was never adopted by ordinance. The CDP's Land Use Concept Map
identified this area as A-3a, which is inconsistent with the County
General Plan LUPAG map. The LUPAG map has been amended to
reflect a Low Density Urban designation. As such, some of the
planning assumptions reflected in the 1975 CDP are now obsolete.
The GP LUPAG map therefore is a more accurate land use depiction
of the affected properties and surrounding lands. The County Charter
requires all change of zones to be consistent with the designation in
the General Plan. In this case, the GP LUPAG designation is Low
Density Urban, and thus, the requested FA-la zoning would be
consistent.
D. County Zoning
The County zoning of the subject property is Agriculture (A-3a).
Although there are a number of A-3a zoned properties in this vicinity,
there are also a number of Agriculture (A-1a) zonings adjacent to the
site, as well as commercial and single-family residential zones.
proximate to the site. (Figure 4)
If approved, the site would be subdivided in a manner generally
meeting with both the Zoning and Subdivision Codes.
Notwithstanding the subdivision requirements, all uses and standards
consistent with the requested FA-la zone would be adhered to.
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E. Relationship to SMA Obiectives and Policies
The site is not located within the County Special Management Area
(SMA). No SMA Use Permit is required. However, as the entire
island falls within the Coastal Zone Management (CZM) Area, a
discussion of the request's relationship to the CZM Program follows.
The site is not adjacent to the ocean. It is more than five (5) miles
from the shoreline. As such, the proposed action should not have any
adverse impacts on the area's coastal recreational and marine
resources nor have any impacts on beach protection.
The likelihood of this improvement having any impacts to the area's
historic resources is not high. The site was previously bulldozed by
the applicant and/or its predecessor in interest and being used
residentially and some measure of cattle grazing. In the event any
archaeological features are found during any earth disturbance
activity, work will stop within the affected area and appropriate
clearances from the State DLNR-HPD and County Planning
Department will be secured before work resumes. If needed, an
archaeological monitoring program can be instituted as well during
any land clearing activity.
The proposed action will eventually involve the construction of
improvements (particularly a dwelling unit) in a quasi-urban setting.
Accordingly, there is a potential visual impact to the area's scenic
and open space resources. However, the project would involve the
construction of, at the most, a single-family dwelling on each of the
proposed lots. Further, as the site is on the south side of Ainaola
Drive, any structures on the site should not visually affect the view of
Mauna Kea or Mauna Loa from either Ainaola Drive or Ho'ohoaloha
Street.
Relative to the Coastal Ecosystems, impacts should be negligible, if
at all, as the site is located well over five (5) miles from the ocean.
Notwithstanding the distance, the nature of the project—family
agricultural — and the construction of only two (2) private wastewater
systems is such that potential coastal ecosystem impacts would
usually not be found.
The proposed action will result in creating the potential for family-
agricultural lots in this area. This should thus provide additional
4
opportunities for small-scale farming. In so doing, the project could
aid the agricultural economy and the overall economic use of this
site and the area in general.
Because of its distance from the shoreline, the site should not be
subject to coastal hazards.
Relative to the managing development objective, this function is
more applicable to the "authority" or approving agencies. However, it
is noted that the request would operate and be constructed within the
scope of the Zoning Code. The subject site would be zoned FA-1a,
and the requested use and design/parameters (parking, height,
setback, etc.) would be consistent with said zoning. In that regard,
the project would be consistent with this policy.
Finally, in terms of the public participation objective, this is
generally a public agency function. This is achieved through the
Marine and Coastal Zone Management Advisory Group (MACZMAG)
and the public hearing process required pursuant to the Planning
Commission's Rules and County Council's meetings on this
application. Notices of this application will become available through
the posting of a sign on the property, as well as sending two (2)
notices to surrounding property owners, one at the time the
application is filed and again, prior to the public hearing.
Based on the foregoing, it is concluded that the requested
improvements would be consistent with the objectives, policies and
guidelines of the Coastal Zone Management Policies, as outlined in
Chapter 205-A-23, HRS and Planning Commission Rule No. 9
relating to Special Management Area.
F. Other Permitting Requirements
As noted earlier, other permits would still be required. These would
be of the "ministerial" variety, such as Subdivision Approval, possible
driveway access permit, and the like.
V. ENVIRONMENTAL CONSIDERATIONS
A. General Description
The parcel is generally triangular in shape, with the smaller or
pinnacle portion situated opposite of Ho ohoaloha Street. That area
5
is the location of the existing dwelling. With the exception of the
dwelling, the site is vacant of any other structures. The remaining site
is undeveloped and used largely for pasturage use.
The site is situated at about the 750-foot elevation level. The site
rises from Ho'ohoaloha Street, with the highest point being at the
south end of the property where the dwelling is located. In spite of
the rise, there does not appear to be any topographic constraint in
developing and utilizing the site for two (2) more 1-acre sized lots.
There are homes proximate to and within the 1-acre lot subdivision
leading to the subject site. The general area has more of a rural
residential flavor to it.
According to the State Commission on Water Resource Management,
the closest rain gauge in this area is the Hilo Airport. The annual
median rainfall for this area is approximately 131 inches. The
average`daily temperature ranges from a minimum of 61 degrees to
79 degrees Fahrenheit. Wind patterns are generally easterly during
the day and westerly during the evenings.
B. Soils and Topography
According to the Natural Resource Conservation Service's Land
Study Bureau Overall Master Productivity Rating, the site appears to
have dual designations. There is a small portion along the front edge
that is designated "C" or"fair", while the remaining area falls into the
"D" or "poor" category.
Both soils are of the Olaa Series, which is characterized by
moderately deep soil with moderately fine texture. Further the OW
series is well drained but moist and poorly suited for machine
tillability. The runoff is medium and the erosion hazard is slight.
Again, because of the general nature of maps, the project site
appears to have dual designations under the Agricultural Lands of
Importance to the State of Hawaii (ALISH) classification system. It
appears that a significant portion is within the "unclassified" district,
while a small portion is deemed "Other".
As noted earlier, the topography of the site slopes in a north to south
direction, with the lower portion being at the north end. The slope
appears to be between 10 to 15 percent.
6
C. Natural Hazards
1. Drainage
The Federal Emergency Management Agency (FEMA) Flood
Insurance Rate map (FIRM) identifies the project area as Zone
"X° (areas outside of the 500-year flood). There are no
existing drainage ways on the site.
The applicant has not observed any significant runoff or
erosion in the recent past on the subject site. Pursuant to
County drainage requirements, appropriate drywell and/or
similar means to capture runoff from any improvements will be
built, if necessary, in conjunction with the appropriate
permitting process.
2. Volcanic, Earthquake and Tsunami Hazards
According to the United States Geological Survey maps, the
project site is located within Lava Flow Hazard Zone 3, on a
scale of ascending risks 9 to 1. The entire City of Hilo falls in
the Zone 3 category. The Building Code designates the entire
island of Hawaii Earthquake Zone "D" and contains certain
structural requirements to address the relative seismic hazard.
All structures would have to comply with this standard.
3. Tsunami Hazard
As the site is located over five (5) miles from the ocean, it is
located outside of the Civil Defense's Tsunami Evacuation
Zone.
D. Flora/Fauna
Although there were no professional surveys conducted of the floral
or faunal resources of the site, the applicant does not believe that
rare or endangered floral or faunal resources are likely to be found
within the subject site.
7
The site's vegetation is pretty much dominated by grazing grass
typically called "Wainaku", as well as some invasive trees like the
African Tulip and Albizia. Thus, floral impacts should be minimal.
The site is not known to be a habitat for any rare or endangered
animal life. Given its elevation, however, it would be possible to find
the Hawaiian Hawk (It) and the Hawaiian Owl (Pueo). Further the
rural nature of the surrounding areas would make it less likely to find
endangered animal life in this area.
E. Historic/Cultural/Archaeological Resources
As the site was formerly bulldozed and cleared, no commissioned
archaeological survey of the site was made. However, if needed, an
archaeological monitoring plan can be prepared and implemented in
conjunction with further land clearing activity.
Furthermore, in the event any inadvertent discoveries are made
during any land disturbance activity relating to this project, work will
cease and the applicant will immediately notify the Planning
Department and the State DLNR and secure their clearances before
proceeding further.
G. Valued Cultural Resources
In view of the recent Hawaii State Supreme Court's "PASH" and "Ka
Pa'akai 0 Ka'Aina decisions, the issue relative to native Hawaiian
gathering and fishing rights must be addressed. Specifically, there
must be a discussion of the cultural, historical, and natural resources
and associated tradition and customary practices of this site.
In this situation, the subject site is not adjacent and/or proximate to
the shoreline. As such, gathering of marine life and coastal access is
not an issue.
It is not known whether the subject or immediate surrounding area
was used in the recent past for the gathering of plants by native
Hawaiians. The applicant has not observed any native Hawaiians on
the site or adjoining properties gathering plants. Thus, it would
appear unlikely that the site would serve such purpose today.
8
In the event legitimate gathering claims are made by native
Hawaiians, the applicant intends to respect and honor such claims
and provide the needed access within the site.
Based on the above, it does not appear that the project would have
any potential adverse impact relative to the cultural and historical
resources of the area.
H. Water and Coastal Resources
The subject site is located well over five (5) miles from the coastline.
As such, coastal impacts resulting from discharge of wastewater
systems from the site should not be significant. Further, being a non-
coastal property, no coastal access will be affected.
Septic tanks or their equivalent meeting with the approval of the State
Department of Health will be installed in conjunction with the
construction of any dwelling on the site.
Noise, Air Quality, and Dust
Ho'ohoaloha Street will serve as the main access to two (2) lots,
while the other one will have its access over Ho'ohoaloha Place. The
existing ambient traffic level in this area is quite low. As such, the
corresponding noise level should be quite low. With the completion
of this project, the noise level is not anticipated to increase
significantly.
There may, however, be short-term noise impacts associated with the
construction of any required infrastructure or dwellings on the
proposed lots. In that event, contractors will be required to comply
with appropriate noise and related mitigation measures of the State
Department of Health.
The proposed development should not generate any direct air quality
impacts. The only discernible air quality impact could be associated
with the vehicular traffic to and from the site. While there will be an
impact to the ambient air quality, the impact should not be significant,
as the project will increase the density by only two (2) additional units.
Further, with higher EPA standards for automobile air emissions, the
air quality impact should thus hopefully not be significant.
9
As such, with the exception of potential construction dust associated
with any future dwelling, the short and long term dust generated by
the project should be minimal. Construction dust, however, like
construction noise will have to comply with the State Department of
Health's regulations.
J. Scenic and Visual Considerations
In the Natural Beauty element of the General Plan, there are sites or
areas listed as being a scenic resource. The subject site is not fisted
as a scenic site. However, there were a few examples cited in the
Hilo area, such as the view of Mauna Kea.
In this situation, the views of Mauna Kea from either Ho ohoaloha
Street or Ainaola Drive would not be affected, as they are situated
north of the subject site.
VI. SOCIAL AND RELATED CONSIDERATIONS
A. Surrounding Land Uses
The land use in this area is generally rural/urban in nature. There are
some small family-type cattle grazing lands on some of the properties
situated on the west and south side of the subject site. Those
properties are zoned A-3a and A-10a. However, the subdivision
adjacent to the subject site as well as properties makai or east of that
subdivision are zoned A-la. There are also single-family residential
and commercial zonings adjacent to the adjoining subdivision. (See
Figure 4)
Given the existing and zoned conditions, the proposed rezoning and
the three (3) 1-acre lot subdivision would not be incongruous with the
emerging rural-urban pattern of this area.
B. Economic Impacts
The requested zoning would have some measure of limited economic
impact, as it would make two (2) fee simple lots with some measure of
agricultural potential more readily available. Although the project is
intended to address the applicant's family, it would still enable the
ultimate user the opportunity to engage in some sort of limited
agricultural activity.
10
Further, there will be some small short-term construction activity. This
could help with the area's economy.
C. Agricultural Impacts
As noted earlier, the site has been and continues to be used for some
limited measure of agricultural activity in the form of cattle grazing. In
that regard, it has been granted agricultural usage assessment.
Thus, its continued potential exists.
Notwithstanding the limited agricultural use of the subject site, the
surrounding 1-acre lot subdivision is not being used agriculturally.
Some of the other properties that are zoned either A-3a or A-10a are
used for limited grazing or agricultural activity. Thus, the creation of 2
additional lots should not diminish the site's agricultural potential nor
have an impact on any active farms in this general area.
VII. INFRASTRUCTURAL CONSIDERATIONS
A. Road
Access to the project would be from Ho'ohoaloha Street and
Ho'ohoaloha Place. Both roads have a right-of-way of 50 feet with a
20+ feet of pavement. The entire rights-of-way are also paved,
making the roads appear even larger. These roads have been
dedicated to the County.
The one proposed lot coming off of Ho'ohoaloha Place has a 25-foot
wide easement over an existing lot. There is an existing 8-foot wide
paved road over this easement.
The remaining two (2) lots would have their access from Ho'ohoaloha
Street.
B. Water
There is a County water line fronting Ho'ohoaloha Street which serves
the existing dwelling. Additional water meters will be required to
service each of the newly created lots.
C. Wastewater
11
There is no County wastewater system in this area. As noted earlier,
a septic tank system meeting with the approval of the Department of
Health would be allowed in this area. This will be done by the
respective landowner in conjunction with the construction of a
dwelling.
D. Solid Waste
Solid waste will be handled through commercial haulers or the
individual homeowners into authorized landfill sites or transfer
stations. With the requested FA-la zoning, the potential for uses with
toxic or related chemical waste would be minimal, if at all. Further,
most if not all agricultural waste will be retained and utilized on the
property.
E. Other Government Services
As this area is already part of the Hilo urban area, it is already being
serviced. No extension of government services would be required.
The nearest fire station is located at Kawailani Street, less than three
(3) miles from the site. The Police Station is located in the city center,
approximately five (5) miles from the subject site
Public school (K-12) is available at the Waiakea Complex, less than
three (3) miles from the site. County parks are available along
Ainaola Drive, less than 1,000 feet away.
As such, the project should not result in the extension of any
government services. Further, the required public facilities are
located reasonably proximate to the subject site.
F. Other Utilities
All other utilities such as telephone, cable, and electrical services are
available to the site.
VIII. IMPACT SIGNIFICANCE ANALYSIS
A. Relationship Between Local Short-Term Uses of Environment
and Maintenance and Enhancement of Long-Term Productivity
12
If the request were denied, the short-term use of the area of the
proposed rezoning would probably continue in less than intensive
level of agriculture in the form of cattle grazing. The applicant would
not have an opportunity to create a rural sized lot with some measure
of agricultural potential for his family.
From a long-term productivity standpoint, then, the proposed
additional two (2) lots could provide a heightened level of possibility
in having the land used for more intensive, although on a smaller
scale, agricultural activity white providing residential opportunity for
family members.
B. Irreversible and Irretrievable Commitment of Resources
As the site has been relatively disturbed in the past, it is not likely that
its development would result in an irreversible commitment of natural
or archaeological resources.
The soil on the parcel has been classified for the most part"D" or
poor by the Land Study Bureau. Yet, there is always a potential for
possible small-scale agricultural activity on the site. It is reasoned
that the creation of the 3-lot subdivision should help foster and not
remove this land from its agricultural potential.
Further, it is not likely that the site has any significant archaeological
features. This is evidenced by the prior grading of the site. Again, if
needed, a monitoring program can be conducted during any land
disturbance activity.
C. Mitigative Measures
The applicant intends to make improvements, if required, generally
consistent with the subdivision process. Further, if there is any
construction activity, contractors will be obligated to comply with
appropriate State noise and air quality standards.
Should unanticipated archaeological finds be discovered in
conjunction with any further development of the site, work will stop (as
is required by the State and County) and clearance secured before
work is resumed.
13
There is no existing drainageway on the property. Any and all
required grading or grubbing work will be done in conjunction with the
required permits and/or a SCS Agricultural Plan. This is to assure
that the development of this site does not adversely affect the
drainage of surrounding properties.
Finally, there will be no person or businesses to be dislocated by this
project.
D. Alternatives to the Proposed Protect
1. No Project
Under the status quo alternative, the site could continue in its
limited cattle grazing and residential status. The applicant
would also not be able to reasonably facilitate its estate
planning.
2. Alternative Density
Under this alternative, the applicant could seek a more
intensive zoning, such as RA-.5a or possible RS-10 zoning,
given the LUPAG Low Density Use classification of the site and
RS and CN zonings proximate to this area. These zoning
categories would arguably be consistent with some of the
surrounding zonings.
Such an approach, however, may not be compatible with the
policy of trying to foster more family-oriented type of
agricultural activities, while being generally compatible with the
surrounding low-density rural/urban uses.
3. Evaluation of Alternatives
The project's impacts to the area's social and physical
infrastructure would not be pronounced. Certain mitigative
measures could be taken to address any possible impacts
associated by the development of this project. Further, the
project would be consistent with the land use objectives sought
to be accomplished by the County General Plan LUPAG map.
14
In view of the aforementioned, it would appear that none of the
alternatives would be more prudent and beneficial than the
requested FA-la alternative.
IX. REGULATORY ANALYSIS
A. General Plan LUPAG Map
The General Plan provides for the long-range comprehensive
development of the island of Hawaii. It provides direction for
balanced growth in the County. The LUPAG map designates the site
Low Density Urban. This designation allows the requested FA-la
zoning without a General Plan amendment.
B. General Plan Polices
The requested zoning would be consistent with the goals, policies,
and standards of the General Plan document.
For one, it may provide limited short-term economic opportunities
largely through the construction of any improvements required for the
subdivision. More importantly, however, longer-term opportunities
would be created largely in the form of small-scale family-agricultural
farms. In so doing, the resultant project should add revenues to the
County and State coffers.
The project intends to be energy conscious through the use and/or
encouragement of solar energy and design features to take
advantage of the sun and wind patterns.
Maintaining and improving the quality of the environment is important
to the success of this project. The General Plan identifies five (5)
areas of environmental concerns - air pollution, water quality, soil
pollution, solid waste disposal, and noise pollution. As proposed, the
project would not be violative of any of those objectives.
Aside from the very limited vehicular transmission, air pollution
associated with the project should be negligible. All wastewater
systems would be consistent with the requirements of the State
Department of Health. This should be sufficient to address any
potential groundwater or coastal water impacts.
15
If required while not necessary for a project of this nature and size, a
solid waste management plan could be prepared and implemented.
The project will also not be a noisy one, except as may be associated
with the limited cattle grazing or farming operations. Any noise-
generating facility - such as air conditioners -would be carefully
placed to minimize their noise impacts to adjoining properties.
Further, it is unlikely that this site would be used as a processing
plant, as it would be more economical to send products elsewhere.
The project area is outside of any floodway. Nonetheless, if required,
a drainage system will be designed and constructed (especially in
conjunction with the subdivision approval process) in a manner to
protect the property as well as to minimize the volume of surface
runoff generated by this development.
The site does not appear to have historic sites due in large measure
to the prior grading activity on the site. Nonetheless, work will cease
if unanticipated archaeological remains are discovered during the
development of this project. Work will resume only after proper
clearances from the State and/or County have been received.
While there have been sightings of the Hawaiian crow (Alala) or the
owl (Pueo), this area is not their primary habitat. As such, the subject
project should not have any significant impacts on rare or endangered
plant or animal life in this area.
As the FA-la zoning would allow a dwelling, the project will indirectly
fulfill the objectives of the housing element by creating two (2) more
lots.
The Plan also emphasizes that developments be mindful of an area's
natural beauty. In this situation, the project—with the protective
conditions —will be used in a manner where it blends with the existing
terrain.
As the project site is more than five (5) miles from the ocean, the
usual coastal resources concern is not pronounced. There will be
no interference with shoreline access. Then, too, through the use of
a septic system or other acceptable form of wastewater system,
impacts to the coastal water will be minimized.
There wilt be marginal impact to public facilities. The wastewater
system will be private, and the county water line exists to the site.
Vehicular access to the site is already fully improved to County
16
dedicable standards and accessible by emergency vehicles. Schools
and other public facilities are also located proximate to the site, most
of them being less than 3 miles away.
Finally, in terms of the Land Use and Agricultural elements, the
pertinent goals, policies, and standards of the General Plan note the
following:
• Designate and allocate land uses in appropriate proportions and
mix and in keeping with the social, cultural and physical
environments of the County
• Protect and encourage the intensive utilization of the County's
limited prime agricultural land
• The County shall encourage the development and maintenance of
communities meeting the needs of its residents in balance with the
physical and social environment
• Zoning requests shall be reviewed with respect to General Plan
designation, district goals, regional plans, State Land Use District,
compatibility with adjacent zoned uses, availability of public
services and utilities, access, and public need
• The compatibility of agricultural and non-agricultural uses should
be carefully reviewed and where appropriate, buffers required
• Rural-style residential-agricultural developments, such as new
small-scale rural communities or extensions of existing rural
communities, shall be encouraged in appropriate locations
• The county shall encourage the development and maintenance of
communities meeting the needs of its residents in balance with the
physical and social environment
• Agricultural land shall be used as one form of open space or
green belt.
In view of the foregoing goals and policies, it is noted that the
requested zoning would be consistent with the Low Density Urban
designation of the LUPAG map. It would also be generally
compatible with the surrounding area. There are many 1-3-acre lots
17
1
adjacent to and makai of the subject site. There are A-la zonings
makai and to the north. There are also a County park, single-family
residences, apartments, and store less than a thousand feet from the
site.
The soil of the site is essentially classified "D" or poor by the Land
Study Bureau. As such, while the resource is not high, there still is
some agricultural potential. This request, however, should actually
encourage more intensive agricultural activities on the site. The lot
size would be conducive to the applicants needs for a residence and
family type of farm for its family members.
The property has no severe topographic or geologic problems that
would render the land unusable for the proposed subdivision and
activity.
C. Hilo Community Development Plan
As noted earlier, the Hilo CDP was adopted by the Planning
Commission in 1975 over 25 years ago and intended to further define
the General Plan and provide short and middle range implementation
strategies of the General Plan. Since the adoption of the Hilo CDP,
there have been significant land developments in the City of Hilo,
including the shopping complexes in and around the
Puainako/Kanoelehua Intersection, expanded commercial uses near
the University complexes and commercial/industrial uses along the
southern portion of the Waiakea Houselots area. These
developments render many of the CDP land use concepts obsolete.
Although the document was reviewed by the County Council, the CDP
was never adopted by ordinance. The CDP's Land Use Concept Map
identified this area as A-3a, which is inconsistent with the County
General Plan LUPAG map. The LUPAG map has been amended to
reflect a Low Density Urban designation.
As such, some of the planning assumptions reflected in the 1975 CDP
are now obsolete. The GP LUPAG map therefore is a more accurate
land use depiction of the affected properties and surrounding lands.
The County Charter requires all change of zones to be consistent with
the designation in the General Plan. In this case, the GP LUPAG
designation is Low Density Urban, and thus, the requested FA-la
zoning would be consistent.
D. Zoning and Subdivision
18
The designated zoning of the site is Ag-3a. Should the FA-la zoning
be approved, the requirements of the zoning and subdivision codes
would generally be complied, including use and related development
standards. These include the possible incorporation of appropriate
restrictive covenants relating to density, use, and design restrictions.
E. State Land Use Agricultural Standards
As the requested lots will be more than 1-acre, the request would not
in principle violate the minimum lot size standards of the State Land
Use law. All of the applicable use guidelines of said law would be
adhered to.
19
•
i}uEtnNIttG DEP&&RTWIT
.s H u Ii
EXHIBIT B 7014 .fish 30 kti 6: 45
107 5
WAIAKEA ACRES • ACRES II
Being a Consolidation of Portions of Lot 13
Waiakea Acres Subdivision
Portion of Grant 13,306 to Chuye Miyashiro
and Grant 11,843 to First Trust Co. of Hilo Ltd.
Trustee Under the Will and of the Estate of
James N. K. Keola, deceased
Waiakea Homesteads, Second Series
Waiakea, South Hilo, Hawaii
BEGINNING at a pipe at the northwest corner of this parcel of land being
also the northeast corner of Lot 4 and on the southerly side of Ho'ohoaloha
Street, the coordinates of said point of beginning referred to Government
Survey Triangulation Station "HALAI" being 20,030.66 feet south and
3,397.87 feet west, and running by azimuths measured clockwise from
true South:
Thence along the easterly side of
Ho'ohoaloha Street along a curve to
the left having a radius of 45.00 feet,
the chord azimuth and distance
being:
1. 192° 56' 28' 75.81 feet; thence along the easterly side of
Ho'ohoaloha Street along a curve to
the right having a radius of 40.00
feet, the chord azimuth and distance
being:
2. 155° 36' 28° 27.44 feet;
3. 265° 40' 414.00 feet along Waiakea Acres Subdivision
Lots 16 and 13-A; thence along Lot
13-A along a curve to the left having
a radius of 20.00 feet, the chord
azimuth and distance being:
4. 220° 40' 28.28 feet;
5. 175° 40' 117.27 feet along Lot 13-A;
-14
089706
6. 265° 40' 25.00 feet along Lot 13•A;
7. 355° 40' 187.27 feet along Lot 6;
8. 23° 54' 30° 398.55 feet along Lot 6;
9. 83' 52' 13' 107.73 feet along remainder of Grant 11,843
to First Trust Co. of Hilo, Ltd. Trustee
under the Will and of the Estate of
James N. K. Keola, deceased;
10. 145° 4.8' 40° 353.19 feet along Lot 4 to the point of
beginning and containing an area of
3.012 acres
TOGETHER WITH an easement for road and utility purposes as contained
In Easement Deed dated February 8, 1999, and recorded in the Bureau of
Conveyances as Document No. 99.036173.
-11
PLAN.:''' ;NT
DEPARTMENT OF PUBLIC WORKS
2014 `3'_I' -7 h1 I. 26 COUNTY OF HAWAII
HILO, HAWAII
DATE: March 6, 2014
Wiemetastast
TO: Duane Kanuha, Planning Director
FROM: *rDepartment of Public Works, Engineering Division
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 14-000172)
Applicant: B2-II Educational Trust
Request: A-3a and A-1a to FA-la
Tax Map Key: 2-4-34: 046
We have reviewed the subject application forwarded by your memo dated February 11,
2014 and offer the following comments for your consideration.
The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map
(FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area
determined to be outside the 500-year floodplain.
Access to the subject parcel is via Hoohoaloha Street and Place, both County streets with
right-of-ways of 50 feet wide with paved shoulders and swales in good condition.
Questions may be referred to Kelly Gomes at ext. 8327.
SCANNED
MAR 07 ? 14
Byj994 1
Planning Dept.
Exhibit_.L___
County of Hawaii is an Equal Opportunity Provider and Employer
William P.Kenoi Warren H.W.Lee
Mayor Director
t t 'tT
• a .`;.. *
Walter K M.Lau ;= �y.,..�., Brandon A.K.Gonzalez
Managing Director Deputy Director
201 L -5 P'i l 2y , 14 '
�OF HF.'J•,
Count of Ptt£trtti`i
DEPARTMENT OF PUBLIC WORKS
Aupuni Center
101 Pauahi Street,Suite 7-Hilo,Hawaii 96720-4224
(808)961-8321 -Fax(808)961-8630
www.co.hawaii.hi.us
March 5, 2014
From: Kelly Wilson
Non-Residential Plan Examiner
Building Division
Subject: Change of Zoning Application (REZ 14-000172)
Applicant: B2-II Educational Trust
Request: A-3a and A-la to FA-la
Tax Map Key: 2-4-034:046
In review of the submitted packet, the residential structure listed on 2-4-034:046 is
permitted per our records, permit number B2011-0510H. Though it appears to date it
has not passed Final Inspection. The last Final Inspection was rejected on 2/05/2013.
The residence is required to pass Final Inspection prior to occupancy.
Any questions please contact me at 808-961-8472 or kwilson @co.hawaii.hi.us.
/t
SCANNED
MAR u 5 2014
By: 090337
County of Hawaii is an Equal Opportunity Provider and Employer.
•
• ,.,�F.WATEi
iv tele
iti
le le
DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAI'l
ait
"ORxnw�� 345 KEKOANAO'A STREET, SUITE 20 • HILO, HAWAI'l 96720
TELEPHONE (808) 961-8050 • FAX (808) 961-8657
March 10,2014
C� T.
-C A
TO: Mr. Duane Kanuha,Director
Planning Department
C)
FROM: Quirino Antonio,Jr,Manager-Chief Engineer .
SUBJECT: CHANGE OF ZONE APPLICATION ry
APPLICATION(REZ 14-000172) vt =s
APPLICANT—B-H EDUCATIONAL TRUST ^ --'
REQUEST: A-3A TO FA-1A
TAX MAP KEY 2-4-034:046
We have reviewed the subject application and have the following comments.
There is an existing 5/8-inch water meter serving one unit of water to the subject parcel,which allows an
average usage of up to 400 gallons per day and is considered adequate for a single-family dwelling. Rezoning
the 3.012 acre property to FA-la for subdivision would require a total of three(3)units of water. In accordance
with the Department's existing water availability conditions, which are subject to change without notice,the
additional two(2)units of water can be made available from a 6-inch waterline fronting the property line in
Hoohoaloha Street.
Therefore,pursuant to Rule 5 of the Department's Rules and Regulations,a copy of which is being forwarded to
the applicant,a water commitment may be issued. Based on two(2)additional units,the required water
commitment deposit is$300.00.
Remittance by the applicant of the$300.00 is requested as soon as possible so that a water commitment may be
formally issued. The commitment will be in writing with specific conditions and effective dates stated. Please
keep in mind that this letter shall not be construed as a water commitment. In other words,unless a water
commitment is officially effected,water availability is subject to change without notice,depending on the water
situation.
Final subdivision approval will be subject to compliance with the following requirements:
1. Construct necessary water system improvements,which shall include,but not be limited to:
a. service laterals that will accommodate a 5/8-inch meter to each lot,
b. subject to other agencies' requirements to construct improvements within the road right-of-way
fronting the property affected by the proposed development,the applicant shall be responsible for
the relocation and adjustment of the Department's affected water system facilities, should they be
necessary.
Planning Dept, SCANNED
Exhibit 1/43 MAR 11 7014
. . .Water, Our Most Precious Resource. . . 9(a Wai A pane . . .
The Department of Water Supply is an Equal Opportunity provider and employer.
Mr. Duane Kanuha
Page 2
March 10,2014
Submit construction plans prepared by a professional engineer, architect,or land surveyor, licensed in
the State of Hawai`i,for review and approval.
2. Remit the prevailing facilities charge balance,which is subject to change,as shown below:
Facilities Charge(FC):
One(1)existing service paid
Two(2)additional units at$5.500.00/unit $11.000.00
Total FC $11,000.00
This is due and payable upon completion of the installation of the required water system improvements
and prior to final subdivision approval being granted.
For your information,water commitment deposits are credited towards the final facilities charge
requirement for the development. Note that the amount of water commitment deposit may exceed the
prevailing facilities charge amount;for example,when requests for time extensions continue and are
approved. Until the development is finally completed,these are separate and unrelated items. In the
event that water commitment deposits exceed the facilities charge,no refunds are applicable.
3. Comply with all other applicable policies and requirements of the Department's Rules and Regulations.
Noncompliance may be cause for voiding this water commitment,at which time,availability will be
subject to change in accordance with prevailing water system conditions,policies,and Rules and
Regulations.
4. Please note that for any lots involved in agricultural activity,a reduced pressure type backflow
prevention assembly must be installed within five(5)feet of the meter(s)and the backflow prevention
assembly is to be located on private property. The installation of the backflow prevention assembly(s)
must be inspected and 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.
Should there be any questions, please contact Mr.Larry Beck of our Water Resources and Planning Branch at
961-8070,extension 260.
Since y yours,
Quirin tonio,Jr.,P.E.
Mana -Chief Engineer
LB:dfg
copy—B-II Educational Trust(w/copy of Rule 5 and backflow prevention handout)
PLANNING DEPARTMENT •
Cn';d!7Y or W!* l:
William P.Keuoi .i• '/
, '.: BJ Leithead Todd
Mayor Director
20I4 FE' 27 R4 2' 35
Walter KM.Lau ,;.o;:;;,jt John A.Medeiroa
\
Managing Director Deputy Director
fluuxt#g of AZIfiTari
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
345 Keknanao'a Street,Suite B • Hilo,Hawaii 96720
(808)961-8083 Fax(808)961-8086
huo://www.hawaiicounty Foy/environmental-management/
MEMORANDUM
Date : February 13, 2014
To : DUANE KANUHA,Planning Director
From: BJLEITHEAD TODD, Director//
Subject: CHANGEOF ZONE APPLICATION
APPLICANT: B2-11 EDUCATIONAL TRUST
Request: A-3a and A-la to FA-la
TMK: 2-4-034:046(REZ 14-000172)
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.)
(A) No comments
( ) Commercial operations, State and Federal agencies,religious entities and non-profit
organizations may not use transfer stations for disposal.
( ) Aggregates and any other construction/demolition waste should be responsibly reused to
its fullest extent.
( ) Ample and equal room should be provided for rubbish and recycling.
( ) Green waste may be transported to the green waste sites located at the Kailua and Hilo transfer
stations, or other suitable diversion programs.
( ) Construction and demolition waste is prohibited at all County Transfer Stations.
( ) Submit Solid Waste Management Plan in accordance with attached guidelines.
( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on
current status.
( ) Other:
SCANNED
Planning Dept. $,. 192 4
Exhibit, '4 ,
County of Hawaii is an Equal Opportunity Provider and Employer.
PLANNTG DEFAI T VENF � \
nf:nrr f'tr lr vi,t .
William P.Knot • 1 , 4V> A®• B7 Leit@wd Todd
Mayor _-sag .- Dlrcaor
FEB 27 PH
��
Walter K M. 2: 35 John A.Makin*
Managing Director - Deputy Director
•
County of Hawaii
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
345 Kekaanao•s,Suite B • Hilo,Hawaii 96720
(808)961-8083•Fax(808)961-8086
ht to://hawaiicounty.¢ov/eaviromnental-management/
MEMORANDUM
Date : February 24,2014
To : DUANE KANUHA,Planning Director
From: BJ LEITHEAD TODD,Director 4-7
Subject CHANGEOF ZONE APPLICATION
APPLICANT: B2-II EDUCATIONAL TRUST
Request:A-3a and A-la to FA-la
TMK: 24-034:046(REZ 14-000172)
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:
Lyle r-- WASTEWATER COMMENTS: (Contact Wastewater Division for details.)
lnrota ( X) No comments
( ) Require connection of existing and/or proposed structures to the public sewer in accordance with
Section 21-5 of the Hawaii County Code.
( ) Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the
Hawaii County Code.Complete Sewer Extension Application.
( ) Require extension of the sewer system to service the proposed subdivision in accordance with
Section 23-85 of the Hawaii County Code.
( ) Check or line out as applicable: [ ]if required by the Director of the Department of
Environmental Management("Director of DEW), [ ]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:
090224
County of HawaPi is an Equal Opportunity Provider and Employer
` l YM
DEPARTMENT Harry S. Kubojiri
William P.Kenoi y PLANNING t7F.FkkT
Mayor �J i4l�f;,.tit COI. a''"„ OF iih:'liil Police chef
�b
1019FEl32i PM 12: 16
\.enz� Paul K.Ferreira
Depart,Police Chief
County of Hawai' i
POLICE DEPARTMENT
349 Kapi•olani Street • Hilo,Hawaii 96720-3998
(808)935-3311 • Fax(808)961-2389
February 19, 2014
TO : DUANE NUH��A, P��L` NNING DIRECTOR
FROM : HN Y AVARES ., A SSISTANT POLICE CHIEF
ARE I ERATIO IS
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 14-000172)
APPLICANT: B2-1I EDUCATIONAL TRUST
REQUEST: A-3A AND A-1A to FA-1A
TAX MAP KEY: 2-4-034:046
Staff, upon reviewing the provided documents, does not anticipate any significant
impact to traffic and/or public safety concerns.
Thank you for allowing us the opportunity to comment.
If you have any questions, please contact Captain Richard Sherlock, Hilo Patrol, at 961-
2214
RS:IIi
140111
090002
Planning Dept.
"Hawari County is an Equal Opportunity Provider and Employer" ExhiblltYC.s-
• ,
=Ha d ti114 011PAnT1AEF1j F I Darren J. Rosario
M ?s(iTj rw utrAn .4 rrreOW
a iA Renwick J.Victorino
2014 FEB 27 PH 12: 24 ti Pin add
QCountp of 7atba ` •
HAWAII FIRE DEPARTMENT
25 Aupuni Street • Room 2501• Hilo,Hawaii 96720
(808)932-2900 • Fax(808)932-2928
February 25,2014
TO: DUANE KANUHA,PLANNING DIRECTOR
FROM: DARREN J. ROSARIO, FIRE CHIEF
SUBJECT: CHANGE OF ZONE APPLICATION(REZ 14-000172)
APPLICANT: B2-II EDUCATIONAL TRUST
REQUEST: A-3a and A-la to FA-1 a
TAX MAP KEY: 2-4-034:046
In regards to the above-mentioned Change of Zone application, please assure that access/driveway
to all structures meets Hawai'i Fire Department standards:
NFPA 1.UNIFORM FIRE CODE.2006 EDITION
Note: NFPA 1, Hawaii State Fire Code with County amendments. County amendments are
identified with a preceding "C—"of the reference code.
Chapter 18 Fire Department Access and Water Supply
18.1 General. Fire department access and water supplies shall comply with this chapter.
For occupancies of an especially hazardous nature,or where special hazards exist in addition to
the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, or
areas where there is an inadequate fire flow,or inadequate fire hydrant spacing, and the AHJ may
require additional safeguards including,but not limited to, additional fire appliance units, more
than one type of appliance, or special systems suitable for the protection of the hazard involved.
Planning �Bpf,
18.1.1 Plans.
Exhibit,
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. ! ;
Orr
18.1.1.2 Fire Hydrant Systems. Plans and specifications for fire hydrant systems shal /' V
be submitted to the fire department for review and approval prior to construction. i 'If ED
�� . 7014
Bit 1209
Haumi'i Counts is an Eaua(Onuortwvev Provider and F.mn mk!r.
Duane Kanuha
February 25, 2014
Page 2
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.
18.2.3.1.3* When not more than two one- and two-family dwellings or private garages,carports,
sheds, agricultural buildings, and detached buildings or structures 400ft(37 m ) or less are
present,the requirements of 18.2.3.1 through 18.2.3.2.1 shall be permitted to be modified by the
AHJ.
Duane Kanuha
February 25,2014
Page 3
18.2.3.1.4 When fire department access roads cannot be installed due to location on property,
topography,waterways,nonnegotiable grades, or other similar conditions,the AHJ shall be
authorized to require additional fire protection features.
18.2.3.2 Access to Building.
18.23.2.1 A fire department access road shall extend to within in 50 ft(15 m)of at least one
exterior door that can be opened from the outside that provides access to the interior of the
building.Exception: 1 and 2 single-family dwellings.
18.2.3.2.1.1 When buildings are protected throughout with an approved automatic sprinkler
system that is installed in accordance with NFPA 13,NFPA 13D, or NFPA 13R,the distance in
18.2.3.2.1 shall be permitted to be increased to 300 feet.
18.2.3.2.2 Fire department access roads shall be provided such that any portion of the facility or
any portion of an exterior wall of the first story of the building is located not more than 150 ft(46
m) from fire department access roads as measured by an approved route around the exterior of
the building or facility.
18.2.3.2.2.1 When buildings are protected throughout with an approved automatic sprinkler
system that is installed in accordance with NFPA 13,NFPA 13D, or NFPA 13R,the distance in
18.2.3.2.2 shall be permitted to be increased to 450 ft(137 m).
18.233 Multiple Access Roads. More than one fire department access mad 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.
18.23.4 Specifications.
18.23.4.1 Dimensions.
C-18.23.4.1.1 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.
C-18.2.3.4.1.2 FDAR shall have an unobstructed vertical clearance of not less then 13ft 6 in.
C-18.23.4.1.2.1 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.
Duane Kanuha
February 25,2014
Page 4
18.2.3.4.1.2.2 Vertical clearances shall be increased when vertical clearances or widths are not
adequate to accommodate fire apparatus.
C- 18.2.3.4.2 Surface.Fire department access roads and bridges shall be designed and
maintained to support the imposed loads (25 Tons)of the fire apparatus. Such FDAR and shall
be comprised of an all-weather driving surface.
18.2.3.4.3 Turning Radius.
C-18.2.3.4.3.1 Fire department access roads shall have a minimum inside turning radius of 30
feet, and a minimum outside turning radius of 60 feet.
18.2.3.4.3.2 Turns in fire department access road shall maintain the minimum road width.
18.2.3.4.4 Dead Ends. Dead-end fire department access roads in excess of 150 ft(46 m)in
length shall be provided with approved provisions for the fire apparatus to turn around.
18.2.3.4.5 Bridges.
18.2.3.4.5.1 When a bridge is required to be used as part of a fire department access road,it shall
be constructed and maintained in accordance with county requirements.
18.2.3.4.5.2 The bridge shall be designed for a live load sufficient to carry the imposed loads of
fire apparatus.
18.2.3.4.5.3 Vehicle load limits shall be posted at both entrances to bridges where required by the
AHJ.
18.2.3.4.6 Grade.
C—18.2.3.4.6.1 The maximum gradient of a Fire department access road shall not exceed 12
percent for unpaved surfaces and 15 percent for paved surfaces. In areas of the FDAR where a
Fire apparatus would connect to a Fire hydrant or Fire Department Connection,the maximum
gradient of such area(s) shall not exceed 10 percent.
18.2.3.4.6.2* The angle of approach and departure for any means of fire department access road
shall not exceed 1 ft drop in 20 ft(0.3 in 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.
Duane Kanuha
February 25, 2014
Page 5
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
February 25,2014
Page 6
18.2.4.2.3 Roads,trails, and other •rcessways 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.
If there are any questions regarding these requirements, please contact the Fire Prevention Bureau
at(808)932-2912.
DARREN J. ROSARIO
Fire Chief
GA/lc
tt
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+ r' r,-:7 °'ANT
NULAN[M.tOGW6
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•e ,' �. ?11`4 i 1 F '31 2 721.".4
IM NONAMI LNwaos
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_t.Rs
STATE OF HAWAII
j� � DEPARTMENT OF LAND AND NATURAL RESOURCES
LAND DIVISION
POST OFFICE BOX 621
HONOLULU,HAWAII 96109
March 8,2014
County of Hawaii
Planning Department
Attention: Mr.Jeff Darrow via email: iciannw@co.hawaii.hi.us
101 Pauahi Street,Suite 3
Hilo,Hawaii 96720
Dear Mr. Darrow:
SUBJECT: Change of Zone Application (REZ 14-000172), B2-ll Educational Trust,
Applicant,South Hilo,Hawaii;TMK: (3)2-4-034:046
Thank you for the opportunity to review and comment on the subject matter. The
Department of Land and Natural Resources' (DLNR) Land Division distributed or made
available a copy of your report pertaining to the subject matter to DLNR Divisions for their
review and comments.
At this time enclosed are comments from the (i) Engineering Division, and (ii) Hawaii
District Land Office on the subject matter. Should you have any questions, please feel free to
call Kevin Moore at 587-0426. Thank you.
Sincerely,
Russell Y.Tsuji
Land Administrator
Enclosure(s) Planning 2spt.
Exhibit,
SCANNED
By:646g'02
1 Ak'ze..a E C,iT
NEM.AYLNCNOMMI NILWai A11A,JR
WVNIN011p1YNAq - OIMIIImI
± r7 I , f'f }•••• I r,t 2: I N.1annecu N sn
to L
`am
STATE OF HAWAII
11r DEPARTMENT OF LAND AND NATURAL RESOURCES
"i_;'_ LAND DIVISION
Aral.
POST OFFICE BOX 621
Oita HONOLULU,HAWAII 96809
February 18,2014
MEMORANDUM
T,efr DLNR Agencies:
Div. of Aquatic Resources �o
Div.of Boating&Ocean Recreation
_Div.of Forestry . I ti fe
_Div.of State Parks
Commission on Water Resource Management
_Office of Conservation&Coastal Lands
£Land Division—Hawaii District
}t Historic Preservation
.frkussell Y.Tsuji,Land Administrator (��
S Change of Zone Application(REZ 14-000172)
LOCATION: South Hilo,Hawaii;TMK: (3)2-4-034:046
APPLICANT: B2-II Educational Trust
Transmitted for your review and comment is information on the above referenced
application. We would appreciate your comments on this application. Please submit any
comments by March 10,2014.
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.
( ) We have no objections.
( I We have no comments.
( Cents are attached.
Signed: {
Print n S eta(hld Sneer
Date: 272..5 c/
cc: Central Files
090502
f .
' HAf
fl
DEPARTMENT OF LAND AND NATURAL RESOURCES 2314 " n 1 ; e j ,2
ENGINEERING DIVISION
LD/Russell Y.Tsuji
REF:Change of Zone Application(REZ 14400172),South Hilo
Hawail.007
COMMENTS
(X) We confirm that part of the project site,according to the Flood Insurance Rate Map
(FIRM),is located In Flood Zone X. The National Flood Insurance Program does not have
any regulations for developments within Zone X
() Please take note that the remainder of the project site according to the Flood Insurance Rate Map
(FIRM),is located in Zones
() Please note that the correct Flood Zone Designation for the project site according to the Flood
Insurance Rate Map(FIRM)is _.
() Please note that the project site must comply with the rules and regulations of the National Flood
Insurance Program(NFIP)presented in Title 44 of the Code of Federal Regulations(44CFR),
whenever development within a Special Flood Hazard Area is undertaken. If there are any
questions,please contact the State NFIP Coordinator,Ms.Carol Tyau-Beam,of the Department of
Land and Natural Resources,Engineering Division at(808)587-0267.
Please be advised that 44CFR indicates the minimum standards set forth by the NFIP. Your
Community's local flood ordinance may prove to be more restrictive and thus take precedence
over the minimum NFIP standards. If there are questions regarding the local flood ordinances,
please contact the applicable County NAP Coordinators below:
() Mr. Mario Siu Li at(808)768-8098 or Ms.Ardis Shaw-Kim at(808)7684296 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.
() Mr.Carolyn Cortez at(808)270-7813 of the County of Maui,Department of Planning.
() Mr.Stanford Iwamoto at(808)2414884 of the County of Kauai,Department of Public
Works.
() The applicant should include project water demands and infrastructure required to meet water
demands. Please note that the implementation of any State-sponsored projects requiring water
service from the Honolulu Board of Water Supply system must first obtain water allocation credits
from the Engineering Division before it can receive a building permit and/or water meter.
() The applicant should provide the water demands and calculations to the Engineering Division so
it can be included in the State Water Projects Plan Update.
() Additional Comments:
O Other: — �- —
Should you have any questions,please call Mr.Dennis Imada of the Planning Branch at 587-0257.
Signed: --
C .C G,CHIEF ENGINEER
Date: Z/L_cfl /
090502
„ ('°"'`• State of Hawaii
FLOOD HAZARD ASSESSMENT REPORT
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.. _.._. FLOOD ZONE DEFINITIONS --.... PROPERTY INFORMATION .. _.
SPECIAL FLOOD HAZARD AREAS SUBJECT TO INUNDATION BY THE 1%ANNUAL COUNTY: HAWAII
CHANCE ROOD-The 1%rind chance flood(1 flood).Ito Iowan as Se base TWIIO (3)24031418
Soot is the flood that has a l%dwxe dbNng etpded or exceeded N any gbnyear. pAyUg•ADDRESS:
The Special Rood Hazard is the sea suMed to looting by the 1%anal dace loot
Areas of Spedat Rood Hazard include Zone A.AE,Alt AO.V,and VE. The Base Flood REMNDESDATE APRIL_Z2004
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NON•SPECIAL FLOOD HAZARD AREA-An area In a low-to-moderate risk flood zone. Frank DeMeco,CFR (808)9614042
No mandatory flood Insurance purchase requirements apply,but coverage Is available b g�NFro Crardata
participating commudtlea Carl TwubBeam,P.E.CFN (808)5874287
II Zone XS(X shaded):Ares of 0,2%annual chance food;areas of 1%annual
Chin flood with average depths of less than I foot or with drainage areas leas Disclaims:The Department of Land and Natural Resources(OLNR)
tan 1 square ale;and areas protected by levees from 1%annual chance flood. easumes no respcnstbe#y arising from the use or me Information
contained in this report.Viewers/Users are responsible for verifying the
Zone X: Ares detemined to be outside the 0.2%annual chance IIWdpldn. accuracy of the information and agree to indemnify the DLNR from any
OTHER FLOOD AREAS liability,which may arise from its use.
#this map has been ident#Ad as PRELIMINARY'or'UNOFFICIAL'.
®Nos D: unstudied arse who flood hazards are wMeNmdned,bbl flooding b please male met#u being po,rided tar mlomuhonNpurposes aid is
possible. No masdetay flood Insurance purchase requirements apply,but coverage not to be used foromciUlegel decisions.regulatory Ganlaiann.«Rood
Is available In pnldpedng c nvnnNeg. Insurance rating. Contact your county NFM coordinator for flood zone
determinations to be used for compliance with local floor lain
management regulations
090502
* •
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'+ 214 •
`a` STATE OF HAWAII
DEPARTMENT OF LAND AND NATURAL RESOURCES
LAND DIVISION
44 4 POST OFFICE BOX 621
ww HONOLULU.HAWAII 96809
February 18,2014
MEMORANDUM
TO: DLNR Agencies:
_Div.of Aquatic Resources
Div.of Boating&Ocean Recreation
X Engineering Division
Div.of Forestry&Wildlife
_Div.of State Parks
_Commission on Water Resource Management
Office of Conservation&Coastal Lands
Historic Preservation �,✓��—
FROM: 4"Russell Y.Tsuji,Land Administrator V'�
SUBJECT: Change of Zone Application(REZ 14-000172)
LOCATION: South Hilo,Hawaii;TMK: (3)2-4-034:046
APPLICANT: B2-II Educational Trust
Transmitted for your review and comment is information on the above referenced
application. We would appreciate your comments on this application. Please submit any
commluits by MinchIDROT4
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.
( 4 We have no objections.
( ) We have no comments.
) Comments are
Print name: Sce o,./G.j%C7%
Date: gadli1
cc: Central Files
090502
�e 6'i MIhG l)NC cf ,tOMBIE s or w--.
,.... DIRECTOR OF HEALTH
,,1rT,[ jr
2014 MR -7 !I 9: 33 .f.•%°
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O.BOX 916
HILO,HAWAII 96721-0916
MEMORANDUM
DATE: March 6, 2014
TO: Duane Kanuha
Planning Director,County of Hawaii
FROM: Newton Inouye 19'
District Environmental Health Program Chief
SUBJECT: Change of Zone Application(REZ 14-000172)
Applicant: B2-II Educational Trust
Request: A-3a and A-la to FA-la
Tax Map Key: 2-4-034:046
Wastewater Branch has no objections to the project. However,information on existing
wastewater systems are incomplete. The applicant and/or applicant's representative will be
responsible to make sure all existing wastewater system(s) meet the minimum setback distances
to all proposed new property lines as required per Hawaii Administrative Rules, Chapter 11-62.
Violations will be subject to fines and may require up-grades to current requirements.
The Department of Health(DOH),Clean Water Branch (CWB), acknowledges receipt of the
subject document on February 12,2014. The CWB has reviewed the limited information
contained in the subject document and offers the following comments:
1. The Army Corps of Engineers should be contacted at (808)438-9258 for this
project. Pursuant to Federal Water Pollution Control Act (commonly known as
the "Clean Water Act" (CWA)), Paragraph 401(a)(1), a Section 401 Water
Quality Certification (WQC) is required for"[a]ny applicant for Federal license or
permit to conduct any activity including,but not limited to, the construction or
operation of facilities,which may result in any discharge into the navigable
waters...". The term "discharge" is defined in CWA, Subsections 502(16),
502(12), and 502(6); Title 40, Code of Federal Regulations, Section 122.2, and
Hawaii Administrative Rules (HAR), Chapter 11-54.
Planning Qppt. SCANNED
Exhibit.._] 4 31
Duane Kanuha
March 6,2014
Page 2 of 5
2. In accordance with HAR, Sections 11-55-04 and 11-55-34.05, the Director of
Health may require the submittal of an individual permit application or a Notice
of Intent(NOl)for general permit coverage authorized under the National
Pollutant Discharge Elimination System(NPDES).
a. An application for an NPDES individual permit is to be submitted at least
180 days before the commencement of the respective activities. The
NPDES application forms may also be picked up at our office or
downloaded from our website at:
http://www.hawaii.gov/health/environmental/water/cleanwater/forms/indi
v-index.html.
b. An NOI to be covered by an NPDES general permit is to be submitted at
least 30 days before the commencement of the respective activity. A
separate NOI is needed for coverage under each NPDES general permit.
The NOI forms may be picked up at our office or downloaded from our
website at:
http://www.hawaii.gov/health/environmental/water/cleanwater/forms/genl
-index.html.
i. Storm water associated with industrial activities, as defined in Title
40, Code of Federal Regulations, Sections 122.26(b)(14)(i) through
122.26(b)(14)(ix) and 122.26(b)(l4)(xi). [HAR, Chapter 11-55,
Appendix B]
ii. Construction activities,including clearing, grading, and
excavation,that result in the disturbance of equal to or greater than
one (1) acre of total land area. The total land area includes a
contiguous area where multiple separate and distinct construction
activities may be taking place at different times on different
schedules under a larger common plan of development or sale. An
NPDES permit is required before the commencement of the
construction activities. [HAR, Chapter 11-55,Appendix C]
iii. Discharges of treated effluent from leaking underground storage
tank remedial activities. [HAR, Chapter 11-55, Appendix D]
iv. Discharges of once through cooling water less than one (1) million
gallons per day. [HAR, Chapter 11-55, Appendix E]
v. Discharges of hydrotesting water. [HAR, Chapter 11-55,
Appendix F]
vi. Discharges of construction dewatering effluent. [HAR, Chapter
11-55, Appendix G]
vii. Discharges of treated effluent from petroleum bulk stations and
terminals. [HAR, Chapter 11-55, Appendix H]
Duane Kanuha
March 6, 2014
Page 3 of 5
viii. Discharges of treated effluent from well drilling activities. [HAR,
Chapter 11-55, Appendix I]
ix. Discharges of treated effluent from recycled water distribution
systems. [HAR, Chapter 11-55, Appendix J]
x. Discharges of storm water from a small municipal separate storm
sewer system. [HAR, Chapter 11-55, Appendix K]
xi. Discharges of circulation water from decorative ponds or tanks.
[HAR, Chapter 11-55,Appendix L]
3. In accordance with HAR, Section 11-55-38, the applicant for an NPDES permit is
required to either submit a copy of the new NOI or NPDES permit application to
the State Department of Land and Natural Resources, State Historic Preservation
Division (SHPD), or demonstrate to the satisfaction of the DOH that the project,
activity, or site covered by the NOI or application has been or is being reviewed
by SHPD. If applicable, please submit a copy of the request for review by SHPD
or SHPD's determination letter for the project.
4. Any discharges related to project construction or operation activities, with or
without a Section 401 WQC or NPDES permit coverage, shall comply with the
applicable State Water Quality Standards as specified in HAR, Chapter 11-54.
Hawaii Revised Statutes, Subsection 342D-50(a)requires that "[n]o person, including any public
body, shall discharge any water pollutants into state waters, or cause or allow any water pollutant
to enter state waters except in compliance with this chapter, rules adopted pursuant to this
chapter, or a permit or variance issued by the director."
If you have any questions, please contact Mr. Alec Wong, Supervisor of the Engineering Section,
CWB, at (808) 586-4309.
Lands formerly used for sugarcane production are now being developed into communities where
residential homes, schools and commercial businesses are being constructed. Chemicals
associated with the sugarcane industry persist in soil today and may be a threat to public health
and the environment. Elevated arsenic levels were discovered in soil at former sugarcane
production areas on the islands. The HEER Office has identified former sugarcane production
areas for assessment throughout the state and plans to work with property owners to conduct
environmental assessments to identify and address elevated soil arsenic levels prior to finalizing
development plans for the properties.
We recommend that you review all of the Standard Comments on our website:
http://hawaii.gov/health/environmental/env-planning/landuse/landuse.html. Any comments
specifically applicable to this project should be adhered to.
The same website also features a Healthy Community Design Smart Growth Checklist
(Checklist) created by Built Environment Working Group (BEWG) of the Hawaii State
Department of Health. The BEWG recommends that state and county planning departments,
developers,planners, engineers and other interested parties apply the healthy built environment
SidneyFuke, Planning Consultant
Pur kr ifi4r6 1IEcP.ARNEtT
100 Pauahi Staet,Suite 212.1-11o.Hawaii 96720 : ysimpn
Planning•Vaaance Zoning
Telephone:(808)989-1522-Cell'(808)989-0640 m •Subdivision-Lang Use Permits
E-mail:sldfuke@hawaliantel.net •Environmental Reports
211t. MAR 10 PM 2: 53
March 10,2014
Mr. Duane Kanuha,Director
Planning Department
COUNTY OF IlAWAI'I
101 Pauahi Street
Hilo,HI 96720
Dear Mr. Kanuha:
Subject: Rezoning Application(REZ 14-000172)
132-II Education Trust
TMK: 2-4-034: 046
Thank you for providing me with a copy of agency comments to date regarding the
subject application. In response to these comments,we provide the following:
a. The requirements of the Fire Department("FD")relative to fire protective services
will be addressed and implemented in conjunction with the subdivision of the
property. These include any required access,fire hydrants,pressure, and the like.
Notwithstanding the subdivision process,please note that the subdivision within
which the subject property is located was developed with a County water system that
conformed to the minimum fire flow and fire hydrant requirements.
b. The Department of Environmental Management had no comments relative to solid
waste or wastewater.
We trust that the above adequately responded to the comments to date. If not or if there
are further questions or comments on this matter,please let me know. Thank you very much.
Sincerely,
c4SIDNEY M. FUKE
Planning Consultant
Planning Resat.
Copy—B2-II Educational Trust via email
Exhibit
t
SCANNED
MAR 11 2014
By: 090470 i
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March 11,2014':
Mr.Duane4tifia, Director
Planning t pardment
COUNTY OFF. IAWAI-I
101 Pa>iuhi Street
Hilo,HI 96720
Dear Mr.Kanuha:
Subject: Rezoning%Appli cation(REZ14-000172)
B2 II Education Trust
TNIIK:2-4-034: 046
Thank;you for providing me with a copy of additional agency comments regarding the
subject application. In response to these comments,we provide the following:
Et. The Department of Public Works noted that Final Inspection was not issued for the
existing dwelling. Please be informed that although the applicant is already residing
in the dwelling, and as a result,he will take immediate and appropriate measures to
secure Final Inspection approval.
b. The Police Department did not anticipate any significant traffic or public safety issues
related to this request.
c. Finally,the State Historic Preservation Division wrote this office the enclosed letter
indicating that"no historic properties will be affected”by this project.
We trust that the above adequately responded to the comments to date. If not or if there
are further questions or comments on this matter,please let me know. Thank you very much.
SS/inc�erel ,�
SIDNEY M.FUICE
Planning Consultant
Enclosure SCANNED
Copy—B2-II Educational Trust w/enclosure via email
BY
: Mii61D{6407
-
WaLiAML AKA,m.
NEIL ABERCROIBII • S6 N1,,, BOARD 0?LAND AND NATURAL RESOURCES
GOVERNOR OF HAWAII S r A 19 b9 1'- W130390MO1 WATER IsMRRMANNHEIM
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Den=D9ECMWAI}A 14\
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Il cOR9NATIONAND OMiLLLWd
HISTORIC PRESERVATION DIVISION ANEMONE=WHiRVATioN E @N
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FoRESIRY Start thee* DEPARTMENT OF LAND AND NATURAL RESOURCES A10 flare
RANOOIAW6HIAND RESERVE WMAYM
LAND
601 Kamokila Boulevard,Suite 555 mow=
Kapolei,HI 96806
February 5,2014
Sidney Fuke LOG NO:2014.00437
100 Pauahi Street Suite 212 DOC NO: 1402SN01
Hilo,Hawaii 96720 Archaeology
Dear Mr.Puke:
SUBJECT: Chapter 6E-42 Historic Preservation Review
County of Hawaii Change of Zone Application for B-11 Education Trust
Waiakea Ahupua`a,South Hilo District,Island of Hawai`+
TMK:(3)2-4-034:046
Thank you for the opportunity to review the request for a change of zone application that was received by our office
on January 31, 2014. According to the application, the proposed zone change will be from Agricnitural'(A-3'a) to
Family Agricultural (A-la). Thank you for the opportunity to review this request for a no effect determination for
the aforementioned parcel. According to the request, the 3.012-acre'parcel will be subdivided into 3.lots of
approximately 1 acre in size. The application requests that the property be rezoned from A-3a to FA-la to facilitate
the subdivision of the parcel.
Your letter indicates that the request for rezoning and subdivision are to facilitate family estate planning for the
future.No archaeological inventory survey has been conducted for the parcel.Our records indicate that the area has
been used extensively for agriculture. It is unlikely that historic properties are present. Based on the extent of prior
land disturbances,SHE'D believes that no historic properties will be affected by the current application.
Please contact Sean Naleimaile at(808)933-7651 or Sean.P.Naleimaile(a�Hawaii.aov if you have any questions or
concerns regarding this letter. • - -
Aloha,
Theresa K.Donham
Archaeology Branch Chief
090507
SidneyFuke,Plann g Consultant
100 Peuahi Street,Sulte 212•Hilo,Hawaii 96720 PLANNING DEPARTMENT •mina•vanance•zoning
Telephone:(808)969-1522•Cell:(808)989-0640 Vn�� ^a 1A•i It I •subdivision•Land Use Permits
E-mail•sldfuke @hawallanteLnet •Environmental Reports
2014 MAR 17 R"LI ) 05
March 13,2014
Mr.Duane IKanoha,Director
Planning Depent
COUNTY OF HAWAII
101 Pauahi Street
Hilo,HI 96720
Dear Mr.Kanuha:
Subject: Rezoning Application(REZ 14-000172)
B2-II Education Trust
TMK: 2-4-034: 046
Thank you for providing me with a copy of additional agency comments regarding the
subject application. In response to these comments,we provide the following:
a. The Department of Public Works-Engineering confirmed that the subject site is
designated Zone X on the FIRM and that the access leading to the subject site is
county-owned and in good condition.
b. The Water Department confirmed that water is available and that a water commitment
deposit should be made. Please be informed that the applicant intends to make the
deposit upon the hopefully favorable disposition of this application.
c. Finally,relative to the State Department of Health's comments,an individual
wastewater system that conforms to the required setback will be installed in
conjunction with the construction of a dwelling on the proposed lots. In the event a
NPDES permit is required to address drainage issues(which appear unlikely at this
point), said permit will be applied for.
We trust that the above adequately responded to the comments to date. If not or if there
are further questions or comments on this matter,please let me know. Thank you very much.
Sincerely,
SID NEY M. PUKE
Planning Consultant
Copy—B2-II Educational Trust w/enclosure via email SCANNED
MAR 18 2014
By: 0 9
RB2-11-REZ14-172 jwd 04-16-14
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
B2-II EDUCATIONAL TRUST
CHANGE OF ZONE APPLICATION(REZ 14-000172)
Upon careful review of the request against the guidelines for granting a change of zone,
the Planning Director is recommending that a favorable recommendation for the Change of Zone
request from Agricultural 3-acre(A-3a) and Agricultural 1-acre(A-la)to Family Agricultural
1-acre(FA-la)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
recommendation based upon additional information presented at the public hearing. This
favorable recommendation is based on the following findings:
The applicant is requesting a change of zone from an Agricultural 3-acre(A-3a)
and an Agricultural 1-acre(A-la)zoned district to a Family Agricultural 1-acre(FA-la)
zoned district for 3.012 acres of land in order to subdivide the property into 3 lots, which
will be conveyed to the applicant's children.
The change of zone request from A-3a and A-la to FA-la will conform to,
among others, the Land Use element and Land Use Pattern Allocation Guide
(LUPAG)Map of the General Plan. In order to consider an area for any type of zoning
designation, the applicable goals,policies and standards of the General Plan must be
adequately addressed. It is only through such a comprehensive policy analysis approach
that evaluations and decisions can be made to better time and stage developments to
achieve growth determined by the General Plan and related planning documents. The
implications of these evaluations and decisions must be also considered as they may have
an impact on similar areas in the County. The Land Use- Agriculture element of the plan
seeks to protect and maintain important agricultural lands from urban encroachment.
However, the subject property is not classified as important agricultural land and has not
been in agricultural use but in residential use for over thirty years. In fact the LUPAG
Map,which establishes the basic urban and non-urban form for areas within the County
designates the subject property as Low Density Urban which allows for residential uses
Re: Bill 260/Como. 904
-1-
with an overall density of up to six units per acre, ancillary community and public uses,
and neighborhood and convenience-type commercial uses.
According to the Zoning Code, the purpose of the Family Agricultural district is
to provide for a blend of small-scale agricultural operations associated with residential
activities which may be characterized by farm estates, small acreage farms, or subsistence
lots in areas where public services and infrastructure are appropriate to support the very
low density residential needs of the community and where a substantial number of
surrounding parcels are less than five acres in size. Surrounding properties to the south,
east and west are similarly zoned A-3a. Surrounding properties to the north are zoned A-
la. The area consists of agricultural uses, scattered dwellings and vacant lots. To the
east is a property that was similarly rezoned from A-3a to FA-1 a in 2010. A substantial
number of surrounding parcels are less than five acres in size, especially to the north of
the subject property.
A change of zone to the FA district classification would be appropriate in this area
and the request is consistent with the General Plan as it will not diminish the potential for
future agricultural uses on the property and will remain consistent with the LUPAG
designation for this area.
All essential utilities and services are available to the site. Access to the
property is from Ho`ohoaloha Sheet and Ho`ohoaloha Place, which are both County
owned and maintained streets that have 20-foot wide pavement roads with paved
shoulders and swales in good condition within 50-foot right-of-ways. Two (2)of the
proposed lots will access from Ho`ohoaloha Street and one of the lots will access from
Ho`ohoaloha Place, which currently has an 8-foot wide paved road within an 25-foot road
and utility easement over another existing lot.
County water is available from an existing 6-inch waterline fronting the subject
property. As there is no municipal sewer system in the area,wastewater will be disposed
of through individual wastewater system(s)meeting with the State Department of Health.
Solid waste is currently disposed of at an authorized landfill in Hilo. Electrical and
telephone services are available to the site. Police services are located about 4 miles
away in downtown Hilo and fire services area located within 2 miles of the property on
Kawailani Street. Medical services are available in Hilo. To limit the cumulative impact
-2-
of the proposed subdivision on area infrastructure, a condition of approval will prohibit a
second dwelling and condominium property regime on each lot.
The request is not contrary to Chapter 205A,Hawaii Revised Statues,
relating to Coastal Zone Management Area. The subject property is located over four
miles from the shoreline and is not in the Special Management Area. Thus, the property
will not be affected by coastal hazards and beach erosion. There are no identified
recreational resources,public access to the shoreline or mountain areas, scenic and open
space preserves, coastal ecosystems,marine resources or other natural and environmental
resources on the subject property.
In view of the Hawai`i State Supreme Court's"PASH" and"Ka Pa'akai 0
Ka Aina"decisions, the issue relative to native Hawaiian gathering and fishing rights
must be addressed in terms of the cultural,historical, and natural resources and the
associated traditional and customary practices of the site:
• Investigation of valued resources:No formal archaeological reconnaissance
survey, oral history of kama`aina accounts of the area, historical survey of
documentary records, or botanical study was included in the application.
• The valued cultural,historical, and natural resources found in the rezoning area:
The property has been previously bulldozed and cleared, and is currently in
residential use. The Department of Land and Natural Resources-Historic
Preservation Division issued a"no-effect"letter stating that they believe that no
historic properties will be affected by the current application. A condition of the
change of zone will require that the applicant cease work and notify the SHPD
should any unanticipated archaeological features or sites be uncovered during the
course of development.
• Possible adverse effect or impairment of valued resources: Native plants may be
destroyed by ground alteration. There is no evidence that the flora in the area are
particularly desired or used for cultural practices.
• Feasible actions to protect native Hawaiian rights: As stated by the applicant,no
gathering is taking place on the site. Thus, to the extent to which traditional and
customary native Hawaiian rights are exercised, the proposed action will not
-3-
affect traditional Hawaiian rights;therefore,no action is necessary to protect these
rights.
Based on the above findings, the approval of the Change of Zone request from an
Agricultural (A-3a) and an Agricultural(A-1a) to a Family Agricultural(FA-la)
zoned district would result in an appropriate land use pattern that will further benefit the
public.
The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map)
of Chapter 25, Zoning Code, of the Hawaii County Code, is provided for your favorable
consideration. Please note the proposed conditions of approval attached to the draft bill.
-4-
COUNTY OF HAWAII I•'. ?° ' '•- STATE OF HAWAII
BILL NO.
ORDINANCE NO. / rns rain
AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP),ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION),
BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—ONE ACRE
(A-1 a) AND AGRICULTURAL—THREE ACRES (A-3a) TO FAMILY AGRICULTURAL—
ONE ACRE (FA-la), AT WAIAKEA HOMESTEADS 2ND SERIES, WAIAKEA, SOUTH HILO,
HAWAII, COVERED BY TAX MAP KEY: 2-4-034:046.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawai`i
County Code 1983 (2005 Edition),is amended to change the district classification of property
described hereinafter as follows:
The district classification of the following area situated at Waiakea Homesteads
2"1 Series, Waiakea, South Hilo, Hawaii, shall be Family Agricultural—One Acre
(FA-1a):
Beginning at a pipe at the northwest corner of this parcel of land being also the northeast
corner of Lot 4 and on the southerly side of Ho`ohoaloha Street,the coordinates of said
point of beginning referred to Government Survey Triangulation Station"HALM'being
20,030.66 feet south and 3,397.87 feet west, and running by azimuths measured
clockwise from true South:
Thence along the easterly side of
Ho`ohoaloha Street along a curve to the
left having a radius of 45.00 feet,the chord
azimuth and distance being:
1. 192° 56' 28" 75.81 feet; thence along the easterly side of
Ho`ohoaloha Street along a curve to the
right having a radius of 40.00 feet,the chord
azimuth and distance being:
2. 155° 36' 28" 27.44 feet;
3. 265° 40' 414.00 feet along Waiakea Acres Subdivision
Lots 16 and 13-A; thence along Lot 13-A
along a curve to the left having a radius of
20.00 feet,the chord azimuth and distance
being:
4. 220° 40' 28.28 feet;
5. 175° 40' 117.27 feet along Lot 13-A;
6. 265° 40' 25.00 feet along Lot 13-A;
7. 355° 40' 187.27 feet along Lot 6;
8. 23° 54' 30" 398.55 feet along Lot 6;
9. 83° 52' 13" 107.73 feet along remainder of Grant 11,843 to
First Trust Co. of Hilo, Ltd. Trustee under
the Will and of the Estate of James N. K.
Keola, deceased;
10. 145° 48' 40" 353.19 feet along Lot 4 to the point of beginning
and containing an area of 3.012 acres.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof
SECTION 2. In accordance with Section 25-2-44,Hawaii County Code 1983 (2005
Edition), the County Council finds the following conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public health,
safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of 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.
-2-
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
Hilo, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
-3-
WINS CN-10 la®
N 1 A-la
A-10a j I
10
A-10a
OR
P\�p�P' SIP "II
a
Si
si
RA is
HOOHOALOHAPL m E ACRE(A•ty an6 RE E ACRES(Ada1 NEACREffA-1a)ES NmL iIiLL! 10i11
20p90.66'5
a997t?W
9wA7
I
A-3a
allil
Feet
0 250 500 1,000 1,500
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL - ONE ACRE (A-1 a) and AGRICULTURAL -THREE ACRES (A-3a)
TO FAMILY AGRICULTURAL - ONE ACRE (FA-1a)
AT WAIAKEA HOMESTEADS 2ND SERIES, WAIAKEA , SOUTH HILO, HAWAI'I
MAP PREPARED BY:
COUNTY OF HAWAII, PLANNING DEPARTMENT
TMK:(3)2.4-034:046 DATE:April 08,2014
EXHIBIT "A" B-0 Educational Trust
Man'1315
CB2-11-REZ14-172.jwa 04-16-14
B2-II EDUCATIONAL TRUST
CONDITIONS OF APPROVAL
CHANGE OF ZONE APPLICATION NO. (REZ 14-000172)
A. The applicant(s), successors or assigns shall be responsible for complying with all
of the stated conditions of approval.
B. The applicants, successors or assigns shall be responsible for complying with all
requirements of Chapter 205, Hawai`i Revised Statutes,relating to permissible
uses within the State Land Use Agricultural District.
C. The applicant, successors, or assigns shall notify prospective purchasers, tenants,
or lessees of all lots that fanning operations and practices on adjacent or
contiguous land in the State Land Use Agricultural District are protected under
Hawai`i Revised Statutes Chapter 165, the Hawai`i Right to Farm Act. This
notice shall be included in any disclosure required for the sale or transfer of all of
the proposed lots.
D. Any action that would interfere with or restrain farming operations on adjacent or
contiguous properties shall be prohibited under Hawaii Revised Statutes Chapter
165,the Hawai`i Right to Farm Act;provided the farming operations are
conducted in a manner consistent with generally accepted agricultural and
management practices on adjacent or contiguous lands in the Agricultural District.
E. The required water commitment payment for the additional lots shall be submitted
to the Department of Water Supply in accordance with its "Water Commitment
Guidelines Policy" within one hundred and eighty(180)days from the effective
date of this ordinance.
F. Final Subdivision Approval of the proposed subdivision development shall be
secured within five(5)years from the effective date of this change of zone
ordinance.
G. Covenants in the deeds of all the subdivided lots shall state that no variance from
the minimum water and road requirements shall be granted to subdivide the lots.
A copy of the proposed covenant(s)to be recorded with the Bureau of
—1—
Conveyances shall be submitted to the Planning Director for review and approval
prior to the issuance of Final Subdivision Approval. A copy of the approved
covenant shall be recited in an instrument executed by the applicant and the
County and recorded with the Bureau of Conveyances with a copy of the recorded
covenant to be filed with the Planning Department upon its receipt from the
Bureau of Conveyances.
H. Restrictive covenants in the deeds of all proposed lots within the 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 owner of the property may also,in addition,impose private
covenants restricting the number of dwellings. A copy of the proposed
covenant(s) to be recorded with the State Bureau of Conveyances shall be
submitted to the Planning Director for review and approval prior to the issuance
of Final Subdivision Approval. A copy of the recorded document shall be filed
with the Planning Department upon its receipt from the Bureau of Conveyances.
All driveway connections to Ho`ohoaloha Street and Ho`ohoaloha Place shall
conform to Chapter 22, County Streets, of the Hawaii County Code.
J. All development-generated runoff shall be disposed of onsite and shall not be
directed toward any adjacent properties. If required, a drainage study shall be
prepared and submitted to the Department of Public Works and any required
drainage improvements shall be constructed,meeting the approval of the
Department of Public Works prior to Final Subdivision Approval.
K. Should any remains of historic sites, such as rock walls,terraces,platforms,
marine shell concentrations or human burials,be encountered,work in the
immediate area shall cease and the Department of Land and Natural Resources -
State Historic Preservation Division(DLNR-SHPD) shall be immediately
notified. Subsequent work shall proceed upon an archaeological clearance from
DLNR-SHPD when it finds that sufficient mitigative measures have been taken.
—2—
L. The applicant shall make its fair share contribution to mitigate the potential
regional impacts of the development with respect to parks and recreation, fire,
police, solid waste disposal facilities and roads. The fair share contribution shall
become due and payable prior to receipt of Final Subdivision Approval. The fair
share contribution for each lot shall be based on the actual number of residential
units developed. The fair share contribution in a form of cash, land, facilities or
any combination thereof shall be determined by the County Council. The fair
share contribution may be adjusted annually beginning three years after the
effective date of this ordinance,based on the percentage change in the Honolulu
Consumer Price Index(HCPI). The fair share contribution shall have a combined
value of$13,081.99 per single family residential unit. The total amount shall be
determined with the actual number of units according to the calculation and
payment provisions set forth in this condition. The fair share contribution per
single family residential unit shall be allocated as follows:
1. $6,308.37 per single family residential unit to the County to support park
and recreational improvements and facilities;
2. $304.32 per single family residential unit to the County to support police
facilities;
3. $601.06 per single family residential unit to the County to support fire
facilities;
4. $263.15 per single family residential unit to the County to support solid
waste facilities; and
5. $5,305.09 per single family residential unit to the County to support road
and traffic improvements.
In lieu of paying the fair share contribution,the applicant may contribute land
and/or construct improvements/facilities related to parks and recreation, fire,
police, solid waste disposal facilities and roads within the region impacted by the
proposed development, subject to the review and recommendation of the Planning
Director,upon consultation with the appropriate agencies and approval of the
County Council.
—3—
M. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for the imposition of exactions or the assessment of impact fees,conditions
included herein shall be credited towards the requirements of the Unified Impact
Fees Ordinance.
N. The applicant shall comply with all applicable County, State and Federal laws,
rules,regulations and requirements,including the Department of Water Supply.
O. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
1. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, successors or assigns,
and that are not the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
3. 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 County
Council for appropriate action.
Should any of the conditions not be met or substantially complied with in a timely
fashion,the Planning Director may initiate rezoning of the area to its original or
more appropriate designation.
—4—
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