HomeMy WebLinkAboutCOM 0905.000 2012-2014 ' '��'`��� '?ry•. Walter K.M.Lau
- - Managing Director
William P.Kenoi • ••�� -- •• •�
Mayor - _-s [-
Randall M.Kurohara
Deputy Managing Director
County of Hawaii
Office of the Mayor
25 Aupuni Street,Suite 2603 • Hilo,Hawai i 96720 • (808)961-8211 • Fax(808)961-6553
KONA: 74-5044 Ane Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawai'i 96740
(808)3234444 • Fax(808)323-4440
May 13, 2014 on
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J Yoshimoto, Council Chair :z
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and Members of the County Council grn
County of Hawaii ��
25 Aupuni Street co
Hilo, HI 96720
Dear Chairman Yoshimoto and Members:
SUBJECT: Change of Zone Application(REZ14-000172)
Applicant: B2-H 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-la)
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
a Comm. No.1 Ref. To: PL
Ref. DateJ4AY 16 014
County of Hawaii is an Equal Opportunity Provider and Employer.
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 14-000173)
Applicant: Jason DePonte
Request: Agricultural (A-3a)to Residential and Agricultural (RA-1a)
Tax Map Key: 2-4-038:012
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)to a Residential and Agricultural-1 acre (RA-1a) zoning district for
3.23 acres of land. The property is located along the east (makai) side of Kupulau Street
approximately 100 feet south of its intersection with the driveway entrance to New Hope
Christian Fellowship Church,portion of 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 requests a change of zone from Agricultural- 3 acres (A-3a) to
Residential and Agricultural- 1 acre(RA-1a) for an approximately 3.23 acre parcel in
order to create a 2-lot residential-agricultural subdivision with one 2.23-acre lot and one
1-acre lot. The existing single-family dwelling will be incorporated into the 2.23-acre lot
during subdivision design. The two lots will be distributed amongst family members
(parents and daughter). Approximately 2 acres of the property will continue to be used to
raise goats.
Hawai`i County is an Equal Opportunity Provider and Employer
J Yoshimoto, Council Chair
and Members of the County Council
Page 2
In order to consider an area for any type of zoning designation, the applicable
goals, policies and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must also be considered as they may have an impact on similar areas in the
County.
The Change of Zone Application from an Agricultural (A-3a) to Residential
and Agricultural (RA-1a) zoned district will conform to the following goals, policies
and standards of the General Plan. The General Plan is intended to be used as a policy
guide for the coordinated growth and development of all sectors of the County. It sets
forth goals, policies, standards and courses of action to accommodate growth without
congestion, to designate and preserve the lands needed for residential use, commercial
and visitor services, industry, agriculture and open space, and to coordinate these uses
with the County's service and circulation systems. The overall goals, policies and
standards are set forth to physically plan the lands in the County in the best interest of the
island's residents. Land use is one of the principal focal points of public concern and
policy. The Land Use Element provides the primary basis for direct control and guidance
of publicly and privately owned resources.
The Land Use Pattern Allocation Guide(LUPAG)Map component of the General
Plan is a representation of the document's goals and policies to guide the coordinated
growth and development of the County. It reflects a graphic depiction of the physical
relationship among the various land uses. The LUPAG Map establishes the basic urban
and non-urban form for areas within the County. The property is designated Low Density
Urban, which includes residential uses with overall densities of up to six units per acre,
ancillary community and public uses, and neighborhood and convenience-type
commercial uses. The maximum number of lots and dwellings that could be developed
on the 3.23-acre property in the RA-1 a zoning district would be 3 lots and 6 dwelling
units (3 single-family dwellings and 3 ohana dwellings per lot). This is well below the
maximum residential density of six units per acre allowed within areas designated Low
Density Urban in the General Plan.
The property is not considered important agricultural land as it is unclassified on
the ALISH Map and is in an area of existing urban development according to the Land
Study Bureau which determines productivity ratings of agricultural lands. The middle
portion of the property is improved with a dwelling and a goat shed. A flood zone runs
through the eastern portion of the property. Approximately 2 acres of the property is used
J Yoshimoto, Council Chair
and Members of the County Council
Page 3
for grazing. The land uses in the area are a mix of residential, community and
agricultural uses. The adjacent properties to the south are approximately 1 and 3 acres in
size and are zoned Single-Family Residential (RS-10). These properties are undeveloped
and a flood zone crosses them from west to east. Properties to the east and north are
zoned A-3a. Properties across Kupulau Road to the west are zoned A-1 a and are in
residential use. Further to the west, the New Hope church was established with a Special
Permit on land zoned A-1 a. The proposed change of zone would complement the
existing and predominately residential land uses in the surrounding area and is consistent
with the General Plan designation for the area.
All utilities and services are available to the site. Access to the property is from
Kupulau Road, which is a County roadway with an existing pavement width of
approximately 17 feet within an existing right-of-way width of 30 feet fronting the
property. The Department of Public Works (DPW)recommends limiting ingress/egress
to a single location for the proposed lot. DPW also recommends that the applicant
provide improvements to the property's Kupulau Road frontage if the property were
subdivided into 3 lots, as the RA-1 a zoning would allow. If the property were subdivided
into only 2 lots, as the applicant is proposing, improvements to Kupulau Road would not
be recommended by DPW. The Planning Director concurs with these recommendations.
County water is available to the site. The applicant will need to install an additional
water meter to serve the proposed lot. The proposed lot will utilize individual wastewater
treatment systems meeting with the approval of the Department of Health. Solid waste
will be disposed of at appropriate sites designated by the Department of Environmental
Management. The eastern portion of the property is located in Flood Zone AE, which is
designated by FEMA as a Special Flood Hazard Area inundated by the 100-year flood
where base flood elevations have been determined. Any development within Flood Zone
AE will conform to Chapter 27, Floodplain Management, of the Hawai`i County Code.
All development-generated storm runoff will be disposed of on site and not allowed onto
adjacent properties or roadways. Police, fire, and emergency services are available
nearby in Hilo. All essential utilities are available to the project site.
Based on the above findings, approval of this change of zone request from an
Agricultural 3-acre(A-3a)to a Residential and Agricultural-1 acre(RA-1a)zoned district
would result in an appropriate land use pattern that will further benefit the general public.
For your favorable consideration an amendment to Section 25-8-33, the City of Hilo Zone Map,
of the County Zoning Code is transmitted.
J Yoshimoto, Council Chair
and Members of the County Council
Page 4
We are enclosing copies of the staff Background, Planning Director's Recommendation, and the
Powerpoint presentation for your information.
Sincerely,
ej,
Ronald Gonzales, Chairman
Windward Planning Commission
LJdeponterezl4-173wpc2
Enclosures
cc: Mr. Jason DePonte
Department of Public Works
Department of Water Supply
Department of Land &Natural Resources-HPD
William Brilhante, Esq., Corporation Counsel
BndoateREZ.doc 4/16/14
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
JASON DEPONTE
CHANGE OF ZONE APPLICATION(REZ 14-173)
JASON DEPONTE has submitted an application for a Change of Zone from an
Agricultural-3 acre(A-3a)to a Residential and Agricultural-1 acre(RA-la)zoning district
for 3.23 acres of land. The property is located along the east(makai)side of Kupulau Street
approximately 100 feet south of its intersection with the driveway entrance to New Hope
Christian Fellowship Church,portion of Waiakea Homestead ti Series, South Hilo,Hawai`i,
TMK: 2-4-038:012.
PROPOSED ACTION
1. Applicant's Request: Change the zoning district from A-3a to RA-1 a for an
approximately 3.23 acre parcel in order to create a 2-lot residential-agricultural
subdivision with one 2.23-acre lot and one 1-acre lot. The existing single-family
dwelling will be incorporated into the 2.23-acre lot during subdivision design. The two
lots will be distributed amongst family members (parents and daughter). Approximately
2 acres of the property will continue to be used to raise goats. According to the Zoning
Code,the purpose of the Residential and Agricultural district is to provide for activities
or uses characterized by low density residential lots in rural areas where"city-like'
concentrations of people, structures, streets, and urban level of services are absent,and
where small farms are intermixed with low density residential lots. Requirements for
establishing a land use in the RA district,including a list of the variety of permitted land
uses,are shown in Section 25-5-50 to 57 of the Zoning Code. (Planning Department
Exhibit 1-Zoning Code Requirements for Residential and Agricultural District)
2. Reason for the Request: The applicant is requesting the change of zone in order to
subdivide the property into two lots to distribute amongst family members. (RD.
Exhibit 2-Change of Zone Application)
3. Landowner: Pung Family Trust.
-1-
Re: Bill 261/Come. 905
STATE AND COUNTY PLANS
4. State Land Use Designation: Urban.
5. General Plan LUPAG Map: Low Density Urban. This designation allows residential
uses(up to six units per acre), with ancillary community and public uses, and
neighborhood and convenience-type commercial uses.
6. County Zoning: Agricultural-3 acres(A-3a). The Agricultural zoning district provides
for agricultural and very low density agriculturally-based residential use, encompassing
rural areas of good to marginal agricultural and grazing land, forest land, game habitats,
and areas where urbanization is not found to be appropriate.
7. Hilo Community Development Plan: The Hilo Community Development Plan adopted
by Resolution No. 1 on May 21, 1975 designates this area as RS-10 and RS-15.
DESCRIPTION OF PROPERTY AND SURROUNDING AREA
8. Subject Property: The property is rectangular in shape. It has 150 feet of frontage
along Kupulau Road and extends 938 feet to the east(makai of the street). The southwest
corner of the property is the highest point. From there it slopes downward about 20-30
feet to the lowest point at the northeast corner. There are two structures on the property
consisting of a dwelling built in 1979 and a goat shelter shed.
9. Surrounding Zoning and Land Uses: The land uses in the area are a mix of residential,
community and agricultural uses. The adjacent properties to the south are approximately
1 and 3 acres in size and are zoned Single-Family Residential(RS-10). These properties
are undeveloped and a flood zone crosses them from west to east. Properties to the east
and north are zoned A-3a. Properties across Kupulau Road to the west are zoned A-la
and are in residential use. Further to the west,the New Hope church was established with
a Special Permit on land zoned A-1 a.
10. Agricultural Lands of Importance to the State of Hawaii(ALISH): Unclassified.
11. Land Study Bureau's Detailed Land Classification System: Existing Urban
Development.
12. U.S.D.A. Soil Survey: `01a`a series (01D);permeability is rapid,runoff is slow and the
erosion hazard is slight. This soil type was historically used for sugarcane.
-2-
13. Flood Zone: The eastern portion of the property is located in Zone AE,which is
designated by FEMA as a Special Flood Hazard Area inundated by the 100-year flood
where base flood elevations have been determined. (See map in P.D. Exhibit 9)
14. Flora/Fauna Resources: No threatened or endangered plant or animal species have
been observed on the property due to previous use of the property for sugarcane
cultivation and grazing and surrounding urban development.
15. Archaeological/Historical Resources: A formal archaeological survey was not
conducted because the property has been used for sugarcane cultivation in the past and is
currently being used for grazing. In a letter dated March 14,2014,the Department of
Land and Natural Resources Historic Preservation Division(DLNR-SHPD) determined
that no historic properties would be affected by the change of zoning.
16. Cultural or Native Gathering Rights: There is no evidence of any traditional and
customary Native Hawaiian rights being practiced on the site,nor existence of any known
valued cultural,historical or native resources in the area.
17. Public Access: There is no record of a designated public access to the shoreline or
mountain areas that traverses the property.
PUBLIC UTILITIES AND SERVICES
18. Access: Access to the property is from Kupulau Road,which is a County roadway with
an existing pavement width of approximately 17 feet within an existing right-of-way
width of 30 feet fronting the property. The City of Hilo Zone Map classifies Kupulau
Road as a secondary arterial with a proposed right-of-way width of 80 feet. However,the
additional 50 feet of right-of-way is needed on the mauka side of Kupulau Road rather
than the makai side directly fronting the subject property. The Department of Public
Works(DPW)recommends limiting ingress/egress to a single location for the proposed
lot. In their memo dated March 14,2014,DPW also recommends that the applicant
provide improvements to the property's Kupulau Road frontage but indicated to the
Planning Department that this would only be required if the property were subdivided
into 3 lots, as the RA-la zoning would allow. If the property were subdivided into only 2
lots, as the applicant is proposing, improvements to Kupulau Road would not be
recommended by DPW.
-3-
19. Water: County water is available to the property from an 8-inch waterline within
Kupulau Road. There is a 5/8-inch water meter that serves the existing dwelling on the
property. The applicant will need to install and additional water meter to serve the new
proposed lot.
20. Wastewater: County sewer service is not available in the area. Wastewater generated
by the existing dwelling is disposed of into a cesspool system. The applicant will need to
install a new individual wastewater system to serve any new dwellings.
21. Essential Utilities and Services: Electricity and telephone services are available to the
property. Police,fire and medical services are available in Hilo.
AGENCIES' AND ORGANIZATIONS' COMMENTS
22. Department of Public Works: P.D.Exhibit 3—March 14,2014 memo
23. Department of Water Supply: P.D.Exhibits 4 and 5—March 11,2014 and March
17,2014 letters
24. Fire Department: P.D. Exhibit 6—February 25,2014 memo
25. State Department of Health: P.D.Exhibit 7—March 6,2014 memo
26. DLNR-State Historic Preservation Division: P.D.Exhibit 8-March 14,2014 letter
27. DLNR-Land Division: P.D.Exhibit 9—March 17,2014 letter
AGENCIES-NO COMMENTS/CONCERNS
28. Department of Environmental Management,Police Department,Real Property Tax
Office.
AGENCIES-NO RESPONSE
29. State Department of Agriculture.
PUBLIC COMMENTS
30. None as of the date of this writing.
-4-
§ 25-5-50 HAWAI`I COUNTY CODE
Division 5.RA,Residential and Agricultural Districts.
Section 25-5-50.Purpose and applicability.
The RA(residential and agricultural)district provides for activities or uses characterized by low
density residential lots in rural areas where"city-like"concentrations of people, structures, streets, and
urban level of services are absent, and where small farms are intermixed with low density residential lots.
The RA district is intended to be only within areas designated as being in the State land use rural or urban
districts.
(1996, Ord.No. 96-160, sec. 2;ratified and amended April 6, 1999.)
Section 25-5-51.Designation of RA districts.
Each RA(residential and agricultural)district shall be designated on the zoning map by the symbol
"RA"followed by a number and the lower case letter"a"which indicates the required or minimum
number of acres for each building site. For example RA-la means a residential agricultural district with a
minimum building site area of one acre.
(1996, Ord.No. 96-160,sec.2;ratified April 6, 1999.)
Section 25-5-52.Permitted uses.
(a) The following uses shall be permitted in the RA district:
(1) Adult day care homes.
(2) Agricultural products processing,minor,provided that the site or buildings used for such
processing, shall be located at least seventy-five feet from any street bounding the building site.
(3) Agricultural tourism as permitted under section 25-4-15.
(4) Animal hospitals.
(5) Aquaculture.
(6) Botanical gardens,nurseries and greenhouses, seed farms,plant experimental stations,
arboretums,floriculture,and similar uses dealing with the growing of plants.
(7) Cemeteries and mausoleums,as permitted under chapter 6,article 1 of this Code.
(8) Crop production.
(9) Dwelling, single-family,one per building site.
(10) Family child care homes.
(11) Group living facilities.
(12) Kennels,provided that the building site is a minimum of five acres in area and the structures are
located at least one hundred feet away from any lot line.
(14) Livestock, grazing;provided that any feed or water area,salt lick,corral,run,barn, shed,
stable,house,hutch,or other enclosure for the keeping of any permitted animals shall be
located at least seventy-five feet from any lot line.
(13) Livestock production(excluding pigs),provided that:
(A) The requirements of the department of health are met;
(B) Approval of the director is obtained; and
(C) Any feed or water area, salt lick, coral,run,barn, shed, stable,house,hutch, or other
enclosure for the keeping of any permitted animal shall be located at least seventy-five
feet from any lot line.
(14) Parks,playgrounds,tennis courts, swimming pools, and other similar open area recreational
facilities.
(15) Public uses and structures,as permitted under section 25-4-11.
(16) Roadside stands for the sale of agricultural products grown on the premises.
Planning Dept.
Exhibit
§ 25-5-52 HAWAI`I COUNTY CODE
(17) Stables,commercial or boarding,provided that the building site is a minimum of five acres in
area and the structures are located at least one hundred feet away from any lot line.
(18) Utility substations,as permitted under section 25-4-11.
(19) Veterinary establishments.
(b) The following uses may be permitted in the RA district,provided that a use permit is issued for each
use:
(1) Golf courses and related golf course uses,including golf driving ranges, golf maintenance
buildings and golf club houses; and
(2) Telecommunication antennas and towers.
(c) The following uses may be permitted in the RA district,provided that if a building site is located
within the State land use rural district,the following uses may be permitted if a special permit is
obtained for such use:
(1) Bed and breakfast establishments, as permitted under section 25-4-7.
(2) Community buildings,as permitted under section 25-4-11.
(3) Country clubs,tennis clubs and other similar recreational facilities which include buildings or
indoor recreational features.
(4) Drive-in theaters.
(5) Guest ranches.
(6) Home occupations,as permitted under section 25-4-13.
(7) Lodges.
(8) Meeting facilities.
(9) Model homes, as permitted under section 25-4-8.
(10) Temporary real estate offices,as permitted under section 25-4-8.
(11) Uses, other than those specifically listed in this section,which meet the standards for a special
permit under chapter 205,Hawaii Revised Statutes.
(d) The following uses may be permitted in the RA district,provided that either a use permit is issued for
each use if the building site is within the State land use urban district or a special permit is issued for
each use if the building site is within the State land use rural district:
(1) Bed and breakfast establishments,as permitted under section 25-4-7.
(2) Crematoriums, funeral homes,funeral services,and mortuaries.
(3) Churches,temples and synagogues.
(4) Day care centers.
(5) Hospitals, sanitariums,old age,convalescent,nursing and rest homes.
(6) Major outdoor amusement and recreation facilities,includes stadiums, sports arenas,and other
similar open air recreational uses.
(7) Schools.
(8) Yacht harbors and boating facilities.
(e) Buildings and uses accessory to the uses permitted in this section shall also be permitted in the RA
district.
(1996, Ord.No. 96-160, sec. 2; ratified April 6, 1999; Am. 2008, Ord.No. 08-155, sec. 11;Am. 2010,
Ord.No. 10-17, sec.4; Am. 2012, Ord.No. 12-28, sec. 7; Ord.No. 12-124, sec. 6.)
Section 25-5-53.Height limit.
The height limit in the RA district shall be thirty-five feet.
(1996, Ord.No. 96-160, sec.2;ratified April 6, 1999.)
§ 25-5-54 HAWAII COUNTY CODE
Section 25-5-54.Minimum building site area.
The minimum building site area in the RA district shall be one-half acre.RA districts having larger
areas may be designated in increments of one-half acre up to a recommended maximum of three acres.
The recommended maximum does not specify an absolute upper limit for any building site in the RA
district.
(1996,Ord.No. 96-160, sec. 2;ratified April 6, 1999.)
Section 25-5-55.Minimum building site average width.
Each building site in the RA district shall have a minimum average width of one hundred feet for the
first one-half acre of required area,plus twenty feet for each additional one-half acre of required area;
provided that no building site shall be required to have an average width greater than three hundred feet.
(1996,Ord.No. 96-160, sec. 2;ratified April 6, 1999.)
Section 25-5-56.Minimum yards.
Minimum yards in the RA district shall be as follows:
(1) Front and rear yards,twenty-five feet; and
(2) Side yards, fifteen feet.
(1996, Ord.No. 96-160, sec. 2;ratified April 6, 1999.)
Section 25-5-57.Other regulations.
(a) If any legal building site in the RA district has an area less than one-half acre,then the yard and
height requirements for the building site shall be the same as the yard requirements for the RS district.
(b) Plan approval shall be required prior to the construction or installation of any new structure or
development, or of any addition to an existing structure or development which is used for minor
agricultural products processing.
(c) An ohana dwelling may be located on any building site in the RA district,as permitted under article
6,division 3 of this chapter.
(d) Exceptions to the regulations for the RA district regarding heights,building site areas,building site
average widths and yards,may be approved by the director within a planned unit development
pursuant to article 6,division 1 of this chapter.
(1996,Ord.No. 96-160, sec.2;ratified April 6, 1999.)
CHANGE OF ZONE APPLICATION
COUNTY OF HAWAII
PLANNING DEPARTMENT
�` (Type or legibly print the requested information)
APPLICANT: IA�n �11n t `✓ _ �/
APPLICANTS SIGNATURE: : �� • - _DATE: ). �'/
ADDRESS: g 0 1 Ku Wlaa IR
1110 -ik1 �`1012p
LIST APPLICANTS INTEREST IF NOT OWNER: 1 AGYCd
LIST PRINCIPAL(S)INCLUDING NAMES OF MAIN OFFICERS:
PHONE:(Bus.) (Res.) (Fax)
LANDOWNER(S): ?Un5 fa Milt' Trnt(OtaniintG►v\tAvi
LANDOWNER SIGNATURE(S) --Q‘Q--1_9 DATE: 1113119
(Mai be ter( J
LANDOWNER(S)ADDRESS: 0( Ku $a
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REQUEST: A - 34 TO ea - I a
(Existing z ng) S (Proposed Zoning)
TAXMAPKEY: Z—�f ' �3 CU. y 1 y��
STREET ADDRESS OF PROPERTY: SAO I KU ULAU kid
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SIZE OF PROPERTY OR AFFECTED AREA(S)TO BE REZONED: 3. L34Gres
AGENT:
ADDRESS:
TELEPHONE:(Bus.) (Res.) Dte' I9:4-59J.J4 (Fax)
Please indicate to whom original correspondence and copies should be sent.
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ORIGINAL: \)acn le p1 COPIES:
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APPLICANTS: CHANGE OF ZONE MAP
Ml apeStaw AGRICULTURAL(A-3a)to RESIDENTIAL AGRICULNRAL(RA-1)
H4 Heawa 26720
LOT 917-M (3.23 Acres)
Rift Feet Taw PORTION OF GRANT 8641 TO JENNIE L.AONA
°°I 18.84•8 Pw0 WAIAKEA HOMESTEADS,SECOND SERIES
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WAIAKEA,SOUTH HILO,ISLAND OF HAWAII,HAWAII
TAX MAP KEY:3rd DIV.2.4-038:012
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ATTACHMENT
AgnarhrralRezonirg
PLANNNG DEPARTMENT
COUNTY OF HAWAII
APPLEATDN FOR CHANGE OF ZONE
., Ifyourrequests approved,do you'tend h> subdivile the subtct
Ind in accordance wilt the approved change of zone? \itS
Ifyes, base answerthe restofquestion 1 and then to questbn 3. t4//1
a. How m any acres ofthe requested area do you blend to subdivile? 3.23 ACV
b. Into whatbtsizes? 'tQCYt,S
Ifyourrequestis approved,appmxin ately how bng afierthe
dale ofapprovaldo you expecth> subm ityoursubdirsirn plans
to the Planning Departm entbrprelnr iraw approval? -i )dads
d. Do you blend to butt houses on the newly created lots? es
ryes,phase answerthe filbw'g questions:
0 n how m any ofthose bts?
Atw hatappm in ate p±e range? House 2.130 000
Lot Ili A
Total 2.001000
Appmxin ately how bng,afierapprovalofthe subdivisbn,
wouli the fasthouse be avaikbb broccupancy? 12.. moils
Ifyou intend to subdivide,pease subm ta prehn hazy schem at±
subdidsbn plan logetherwih yourchange ofzone application
firm. alkachriA
2. Ifyou have no fora plans ofsubdiritirg the subctarea, do you
intend b:
a. S ellorbase the End in som eone who has Thin pins? n 1q
Sellorbase the Ind to som eone who has tentative pins? !n ( Q
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answerappmxm ately how soon aferapprovalofyourzezonng do
you expectto transferthe subcthnd b anotherpaziy.
3. Do you think thatyourzequestand your furtherphns nrthe bnd
willalbviite the bcalhousing sivatizn?
How?
4. Are there any buitlings on the subctazea?
Ifso, whatknd?
Sing1{ mil pw 61 , ioa1 Shed
W hat do you intend 6 do with those bulkthgs ifyournequestis
approved?
.` hehtniIdinc' will it Ivan p itfo-he SM&t;visiondestn on one of I4
E. Is the sub-ecthn nently hell used many agzxulbralactar ?
Ifso,phase listthe kinds ofproducts gmwn and on how m any
square feetoraczes ofhnd perproduct
2t Crt9 }u rase goads
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no, did yourphn bclzde the folbwizg considerations? —Olg-
a.
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comm ercalag±uluze? n
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buyers orbases woull putthe sub,ctama iito some bm of
agriculuraluse? n q
P base stale the pmposed type ofanangem ent
Pbase subm tyouragriculinalplans bribe subctarea and
presenteviience ofconsiieratirn ofthe above requiem ents together '
with yourrequestbra change ofzone. n q
Ifyou do notirlend to subdiifie the sub$ctbnd brsom e so/tot
agricutnalpurpose,pbase stale yourotherreasons. nig
is&Me Idr9e lo{ orA w - 4tt\t�j
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on the subctarea? (fit O
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°. Do you thiak thatthe roads badiig to the subectarea needs
in provem ents? D
If so, whatkhd?
Is the mad adequate brthe pmposed traffic volm e or bad? y es
9. W hatsortofgovemm entalassistance and brie provem ents do you helwfil I
be needed it the sub,ctama when devebped?
Yes No
a. Schools t40
w. Roads No
c . Sewer lap
Drayage Na
-3-
1
Yes No
e, Poke Pmtecbhn t.�p
Pmtectnn N�
g, RecmatfonalFac'H •s ND
Pubk U ids NO
, . Other
Forthose checked 'yes",pease eeborate w hattype or kinds ofin pmvem ents
andbrassstance are needed.
Signatum:
Address: 4861 suing lam % Woo, M2 Ono
Tesphone: (• ')9$7-5534
Date: _ 1/13/19
-4-
APPLICATION
FOR
COUNTY REZONING
A-3a TO RA-la
JASON DE PONTE
WAIAKEA HOMESTEADS
SOUTH HILO,HAWAII
TAX MAP KEY 2-4-038:012
Prepared by:
Jason De Ponte
February 2014
I.SUBJECT REQUEST
A.INTRODUCTION
The applicant Jason De Ponte, is requesting to have a 3.23 acre parcel rezoned from Agriculture (A-3a)to
RA-la in Waiakea Homesteads,South Hilo, Hawaii. The property is located on the east side of Kupulau
Road, near its intersection with Haihai Street.
If approved,the applicant intends to subdivide the subject site into 2 lots 1 acre and 2.23 acre. The
existing single family dwelling will be incorporated into the subdivision design of the lot. The 2 lots will
then be distributed amongst family members(parents and daughter). The 2 proposed lots would get its
access from Kupulau Road.
B. PROJECT LOCATION
The project area is located on the east side of Kupulau Road in Waiakea Homesteads,South Hilo. The
intersection of Haihai Street is approximately 900 feet to its north. Traffic impact from the 2 proposed
lots would at best be minimal.
C. PROJECT DESCRIPTION
The applicant is proposing to develop a 2 lot residential agricultural subdivision. The applicant is
proposing to have the 2 lots serviced from Kupulau Road.
The applicant understands that the subdivision plan submitted herein may change prior to receipt of
final subdivision approval to accommodate County subdivision requirements, appropriate conditions of
zoning approval.
D.PROJECT TIMETABLE AND COST
The applicant hopes to secure the necessary County rezoning approval as soon as possible and begin the
subdivision development process thereafter. Tentatively plans completion around 2015. The cost of
improvements is estimated at$30,000 plus.
II. INSTITUTIONAL CONSIDERATIONS
A. STATE LAND USE
The subject area is designated urban. As such,to effectuate this project, no State Land Use
Commission action is required.
B. COUNTY GENERAL PLAN
The County General plan Land Use Pattern Allocation Guide (LUPAG) map designates the site Low
Density Urban. The Hawaii County General Plan is the County's comprehensive land use policy for
guiding long-range development on the Island of Hawaii. It specifies goals, policies and standards of
development for the most desirable land uses on the island. The General Plan's associated Land Use
Pattern Allocation Guide (LUPAG) Map Designates the general allocation of the various desired land
uses, such as urban, residential, recreational,agricultural, resort commercial and industrial.
The RA(residential and agricultural)district provides for activities or uses characterized by low
density residential lots in rural areas where"city-like" concentrations of people,structures,streets,
and urban level of services are absent,and where small farms are intermixed with low density
residential lots.The RA district is intended to be only within areas designated as being in the State
land use rural or urban districts. (1996.Ord.No.96-160,sec.2; ratified and amended April 6, 1999.)
Based on the requested Residential Agricultural 1 Acre(RA-la)zoning,the project would be
consistent with the current and proposed General Plan.
C. HILO COMMUNITY DEVELOPMENT PLAN
The Community Development Plan(CDP)attempts to further define the General Plan and serves as
a guide for decision-makers. It was adopted by the Planning Commission in 1975. Although
reviewed by the County Council,the CDDP was never adopted.
D. COUNTY ZONING
The current zoning of the subject property is A-3a. If approved,the site would be subdivided in a
manner meeting with both the Zoning and Subdivision Codes. Further, all uses and standards
consistent with the requested RA-la would be adhered to.
E. SPECIAL MANAGEMENT AREA
The site is not located within the County Special Management Area (SMA). As such, no SMA Use
Permit would be required.
However,as the entire island falls within the State Coastal Zone Management(CZM)Area,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, marine resources nor
have any impacts on beach protection.
III. PHYSICAL CHARATERISTICS AND ENVIRONMENTAL SETTING OF THE PROPERTY AND
SURROUNDING AREA.
A. General Description
The elevation of the site is approximately 620 feet above mean sea level.
The average annual rainfall in this area is approximately 125 inches. The wetter months tend to
occur between March through September. The average annual temperature is about seventy(70)
degrees Fahrenheit to the lower 80's. Because the site is situated on the windward side of the
island,winds tend to be trade and variable.
The subject parcel is rectangular in shape. 938'X150'
The site has 2 existing structures.
1. House.2 story, "L"shape(1937 sq ft)
Garage, rectangular shape(1008 sq ft)
Bath-House,square in shape(144 sq ft)
2. Goat Shed,square shape (100 sq ft)
B. NATURAL HAZARDS
1. Drainage
a. The Federal Emergency Management Agency's Flood Insurance Rate Map(FIRM)designates the
project site to be located in Zone "X"as well as Zone"AE". The 1-acre portion is mainly Zone"X".
b. No Natural drainage features are found on site.
2.Volcanic Hazards
The United States Geological Survey(USGS)classifies this area, as well as the entire City of Hilo, in
Lava Flow Hazard Zone 3,on a scale of ascending risk 9 to 1. There is very little that can be done to
mitigate this salutation and reflects an ongoing threat to all residents and businesses in these areas.
C. SOIL AND TOPOGRAPHY
The land tends to slope down towards the east. There is about a 20 foot difference in elevation
between the front and back.
The US Department of Agriculture—National Resources Conservation Service (formerly Soil
Conservation Service) Soil Survey Report classifies the soil to be of the Ola'a (OID) series. The Ola'a
series consist of well-drained,extremely stony silty clay loams which formed in volcanic ash.
Permeability is rapid, runoff is slow and the erosion hazard is slight.
The Land Study Bureau Overall Master Productivity Rating for the subject area is unclassified. The
State of Hawaii's Agricultural Lands Of Importance to the State of Hawaii(ALISH).maps does not
classify this site as being either"prime, unique or other" agricultural land.
D. NOISE.AIR QUALITY&DUST.
As the site is next to Kupulau Rd,the ambient noise level relative to traffic is a little higher,
especially during week days, in the early morning and late afternoon. Nonetheless,the area is
residential in character. As such,the addition of vehicular movements from sites should not
generate an appreciably higher level of noise.
There will, however,be short-term noise impacts associated with the construction of the
infrastructure for the proposed subdivision. Contractors will be required to comply with
appropriate noise and related mitigation measures of the State Department of Health.
The proposed development should not generate any direct air quality impacts. The only discernable
air quality impact could be associated with the construction equipment and trucks traffic to and
from the site. While there will be an impact to the ambient air quality,the impact should not be
significant.
As such,with the exception of construction dust in the beginning, long term dust generated by the
project should be minimal. Construction noise will have to comply with the State Department of
Health's regulations.
E. HISTORICAL/ARCHAELOGICAL RESOURCES
The former clearing of the site makes it less likely to find any archaeological features on the site of
the entire property. The land has been used for grazing.
Nonetheless, during the course of improving the site,should any unanticipated archaeological
features or sites be uncovered,work will cease and the applicant will immediately notify the
Planning Department.
F.VALUED CULTURAL RESOURCES
The issue relative to native Hawaiian gathering and fishing rights must be addressed specifically,
cultural, historical, natural resources, associated tradition and customary practices.
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.
Relative to mountain access,there are no known trails in this area. Furthermore,given its location
and surrounding residential subdivisions located mauka of the subject site, no mountain access
should be adversely impacted by the development of this site.
It is not known whether the subject or immediate surrounding area was used in the recent past for
the gathering of plants by native Hawaiians. However, as the site has been used for raising livestock
for over the past 30+years. It would appear unlikely that the site would serve such a purpose today.
In the unlikely event that legitimate gathering claims are made by native Hawaiians,the applicant
intends to respect and honor such claims and provide the needed access within the site.
Based on the above, it does not appear that the project would have any potential adverse impact to
the cultural and historical resources of the area.
G. NATURAL RESOURCES
1. 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.
Since the site was previously used for sugar cane and has also been used for the raising of livestock
for over the past 30+years.
Existing Floral:Orange,guava, pineapple, red ginger flower,African tulip, palm trees,gunpowder
trees, kukai maile, money tree and ti leaf.
The site or general area is not known to be a habitat for any rare or endangered animal life. Given
its elevation, however, it may be possible to find the Hawaiian Hawk l'o flying around. Given the
disturbed and urban nature of the surrounding areas, it is quite unlikely that one would find
endangered animal life in the area.
H.WATER AND COASTAL RESOURCES
The subject site is located well over 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 ecosystems will be affected.
I.SOCIO-ECONOMIC CHARACTERISTICS
To the south is 2 empty residential lots. West,3 single family dwelling lots. North, 1 single family
dwelling lot. East, 1 single family dwelling lot.
The requested zoning change would have some measure of economic impact with some short term
construction activity(which would provide short term employment to the construction industry).
The predominate land use in this area is single-family residential with some agriculture use.
Zoning is mostly 1 acre agriculture lots with some 3 acre agriculture lots. Also residential lots
ranging from RS10, RS15 and RS20.
IV.PUBLIC FACILITY AND SERVICES
A. ROAD
The project has 1 access from approved County street. Kupulau Road is a paved 2-lane road with
grassy shoulders. The proposed flag lot would get its access from the current paved driveway. Both
lots will share this driveway,with the shared portion being widened to 12 feet of pavement.
B.WATER
There is a County water line fronting Kupulau Rd. Those lines would be extended to service the
proposed lots. According to discussions with the Department of Water Supply,water is available for
the proposed 2-lot subdivision. This would be subject to the applicant's payment of the water
commitment fee (one lot is already connected). A fire hydrant would also be put into place since
there are no fire hydrants within the required 300 foot radius.
C.WASTEWATER
There is no county wastewater system in this area. As such, a cesspool system meeting the approval
of the Department of Health will be allowed. Relative to the coastal ecosystems impacts should be
negligible if at all. As the site is located over 5 miles from the ocean.
D.SOLID WASTE
Solid waste will be handled through commercial haulers or the individual homeowners into
authorized landfill sites or transfer stations.
E.OTHER GOVERNMENT SERVICES
As this area is already a part of the City of Hilo urban area, it is already being service. No extension
of government services would be required. The Fire Station is located along Kawailani Street,
approximately 2 miles away. The Police Station is located in downtown Hilo,approximately 4 miles
from the subject site.
There are public elementary, middle and high schools in this general area,all less than 3 miles from
the site. There are four County parks less than 2 miles from the site.
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 from
directly across Kupulau Road.
V. ENVIRONMENTAL ASSESSMENT AND ANALYSIS
A. RELATIONSHIP BETWEEN LOCAL SHORT TERM USES OF ENVIRONMENT AND MAINTENANCE
AND ENHANCEMENT OF LONG TERM PRODUCTIVITY
Given the 1 acre agriculture zoning nature of the general area, it would be the best development for
this site. It could be used as a small scale agriculture lots or residential lots with small scale
agriculture use. The property currently houses livestock with 1 existing single family dwelling. The
project will not result in any significant short or long term adverse impact to the environment.
Development of the property will still be agricultural in character and consistent with the lot size in
this area.
B. PROPOSED MEASURES TO AVOID. MINIMIZE.RECTIFY OR REDUCE IMPACT
The project will not create any significant adverse effect on the environment. Those potential short
term adverse effect on surrounding area associated with construction activities such as noise,air
quality or dust would be reduced with implementation of appropriate mitigation measures. Such as
construction activities to daytime hours, controlling dust by watering exposed areas.
C.ALTERNATIVES TO THE PROPOSED DEVELOPMENT
No project alternatives.
No action,the site will remain in its present condition 3a Agriculture lot with a single family
dwelling. This alternative would not allow the objective of the project to be achieved and would
deny the family the benefits associated with the proposed development and distribution of
property.
D.IRREVERSIBLE AND IRRETRIEVABLE COMMITMENTS OF NATURAL RESOURCES
The major resource commitments is the land on which the project is located on. Since the site has
already been disturbed in the past. The project should not result in any irreversible commitments of
natural or archaeological resources.
VI.AGENCIES CONTACTED
A.COUNTY
Planning Department
Department of Public Works
Department of Water Supply
Real Property
P1411111
.aG DEPARTMENT
T'' Himmi
DEPARTMENT OF PUBLIC WORKS
2814 t1LR 17 Pf 3: 10 COUNTY OF HAWAII
HILO, HAWAII
DATE: March 14, 2014
Illemosetadeas
TO: Duane Kanuha, Planning Director
FROM: .-Department of Public Works, Engineering Division
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 14-000173)
Applicant: Jason DePonte
Request: A-3a to RA-la Planning Dept.
Tax Map Key: 2-4-38: 012 Exhibit 3
We have reviewed the subject application forwarded by your memo dated February 14,
2014 and offer the following comments for your consideration.
All development-generated runoff shall be disposed of on site and not directed toward any
adjacent properties. A drainage study shall be prepared and the recommended drainage
system shall be approved by the Department of Public Works.
A portion of the subject property is in an area designated as Flood Zone AE on the Flood
Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA).
Flood Zone AE is the Special Flood Hazard Area inundated by the 100-year flood where
base flood elevations have been determined. Any development within Flood Zone AE shall
conform to Chapter 27, Floodplain Management, of the Hawaii County Code.
The Zoning Map classifies Kupulau Road as a secondary arterial with an exiting right-of-
way width of 30 feet, a proposed right-of-way width of 80 feet, and an existing pavement
width of approximately 17 feet. To preserve its functional classification, we recommend
ingress and egress be limited to a single location.
Based on the proposed zoning, we recommend the applicant provide improvements to the
subject property's entire Kupulau Road frontage consisting of, but not limited to, pavement
widening with paved shoulders and swales meeting the approval of the Department of
Public Works.
Install streetlights and traffic control devices as may be required by the Traffic Division,
Department of Public Works. The applicant shall be responsible for the d
and installation of such devices. SCANNED
Questions may be referred to Kelly Gomes at ext. 8327. [1. U bk1�et 3
County of Hawaii is an Equal Opportunity Provider and Employer Y,
•` Q4 at IWO 8`qq
•
•18 N
%.y it DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII
1YORp�p�h?' 345 KEKOANAO'A STREET, SUITE 20 • HILO, HAWAII 96720
TELEPHONE (808) 961-8050 • FAX (808) 961-8657 0
March 11,2014
4t
TO: Mr. Duane Kanuha,Director
Planning Department N =
Lai -4
FROM: Quirino Antonio,Jr.,Manager-Chief Engineer
Lai
—t
SUBJECT: CHANGE OF ZONE APPLICATION
APPLICATION(REZ 14-000173)
APPLICANT—JASON DePONTE
REQUEST: A-3A TO RA-IA
TAX MAP KEY 2-4-038:012
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 3.23-acre property to RA-1 a 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 an 8-inch waterline fronting the property in
Kupulau Road.
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. a fire hydrant located within 300 feet of access to each lot, and
c. subject to other agencies' requirements to construct improvements within the road right-of-way
fronting the property affected by the proposed development,the applicant shall be responsible for
the relocation and adjustment of the Department's affected water system facilities, should they be
necessary.
Planning Dept. SCANNED
Exhibit_ate' A Mg 2 14
. . .`Water, Our Most Precious.Resource. . . Rant . . i y� 2 4
The Department of Water Supply is an Equal Opportunity provider and employer.
Mr. Duane Kanuha,Director
Page 2
March 11,2014
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 @$5,500.00/unit $11,000.00
Total FC $11,000.00
The balance 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.
Sincer= ours,
(se
Quir o r tonio,Jr.,P.E.
Manag; Chief Engineer
LB:dfg
copy—Jason DePonte(w/copy of Rule 5 and the bac ow prevention handout)
ill' q
;� �' DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII
e
drxawP"+P 345 KEKOANAO'A STREET, SUITE 20 • HILO, HAWAI'I 96720
TELEPHONE (808) 961-8050 • FAX (808) 961-8657
March 17,2014
o .a
Q •-,A
Mr. Jason De Ponte
861 Kupulau Road ' '--
Hilo,HI 96720-1723 co y
.ra
o
WATER COMMITMENT FOR 'SI
CHANGE OF ZONE APPLICATION(REZ 14-000173) N z
TAX MAP KEY 2-4-038:012 —'
This is to acknowledge receipt of the required$300.00 water commitment deposit for the proposed change of
zone. We provided Receipt No. 275905 for your files when we received the check. However,a copy of the
receipt is enclosed.
Pursuant to Rule 5 of the Department's Rules and Regulations,a water commitment in the amount of two(2)
additional units of water or an average of 800 gallons per day, is hereby granted until March 31, 2017,with the
following conditions:
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.
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,which is subject to change, as shown below:
FACILITIES CHARGE(FC):
One(1)Initial unit previously paid $0.00
Two(2)additional units nu, $5,500.00/unit $11,000.00
Total FC $11,000.00
WATER COMMITMENT DEPOSIT CREDIT(WCD):
Two(2)additional units at$150.00/unit ( 300.00)
Total FC Balance $10,700.00
The balance is due and payable upon completion of the installation of the require
improvements and prior to final subdivision approval being granted. SCANNED
Planning Dept. 44aq c315
Exhibit 5 • • Mater, Our Most Precious Resource . . . Ka Waist_Kane. . . Br:
The Department of Water Supply is an Equal Opportunity provider and employer.
, •
Mr. Jason De Ponte
Page 2
March 17,2014
For your information,water commitment deposits are credited towards the final facilities charge
requirement for the development.
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.
Should there be any questions,please contact Mr.Larry Beck of our Water Resources and Planning Branch at
961-8070, extension 260.
Sincerel yours,
Qui Antonio,Jr.,P.E.
M er-Chief Engineer
LB:dfg
Enc.
copy— Planning Department
re%)
:'{ 115t'";.!StX17 DarreaJ.Rosario
",' Y of „u " ,1 ; Fm cake•
$;i.a Renwick J.Victorino
2214 FEr 27 PM 12: 24 Depary Fire Chief
Coutttp of athai`i
HAWAII FIRE DEPARTMENT
25 Aupuoi 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 14-000173)
APPLICANT: JASON DEPONTE
REQUEST: AGRICULTURAL(A-3a)to RESIDENTIAL AND
AGRICULTURAL(RA-la)
TAX MAP KEY: 2-4-038:012
In regards to the above-mentioned Change of Zone application, in Section 9F, the applicant denies
the need for Fire Protection. Please be advised that all future structures erected as a result of this
subdivision shall meet Hawai'i Fire Department road access and water requirements. Therefore,the
following language is attached:
NFPA 1, UNIFORM FIRE CODE,2006 EDITION
Note: NFPA 1, Hawai'i State Fire Code with County amendments. County amendments are
identified with a preceding "C—"of the reference code.
Chapter 18 Fire Department Access and Water Supply
18.1 General. Fire department access and water supplies shall comply with this chapter.
For occupancies of an especially hazardous nature, or where special hazards exist in addition to
the nonnal 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.
18.1.1 Plans. Planning Dept.
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.
18.1.1.2 Fire Hydrant Systems. Plans and specifications for fire hydrant systeu, Area t,
be submitted to the fire department for review and approval prior to construction
Haomi'i Cnunhi is an F.minl nm,,,.i,..,;�,.n n,,:./..,,.,a
Bt‘
� `
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
MU.
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.
18.2.3.2.1 A fire department access road shall extend to within in 50 ft(15 m)of at least one
exterior door that can be opened from the outside that provides access to the interior of the
building. Exception: 1 and 2 single-family dwellings.
18.2.3.2.1.1 When buildings are protected throughout with an approved automatic sprinkler
system that is installed in accordance with NFPA 13,NFPA 13D, or NFPA 13R,the distance in
18.2.3.2.1 shall be permitted to be increased to 300 feet.
18.2.3.2.2 Fire department access roads shall be provided such that any portion of the facility or
any portion of an exterior wall of the first story of the building is located not more than 150 ft(46
m) from fire department access roads as measured by an approved route around the exterior of
the building or facility.
18.2.3.2.2.1 When buildings are protected throughout with an approved automatic sprinkler
system that is installed in accordance with NFPA 13,NFPA 13D,or NFPA 13R, the distance in
18.2.3.2.2 shall be permitted to be increased to 450 ft(137 m).
18.2.3.3 Multiple Access Roads.More than one fire department access road shall be provided
when it is determined by the AHJ that access by a single road could be impaired by vehicle
congestion,condition of terrain, climatic conditions, or other factors that could limit access.
18.2.3.4 Specifications.
18.2.3.4.1 Dimensions.
C-18.2.3.4.1.1 FDAR shall have an unobstructed width of not less than 20ft with an approved
turn around area if the FDAR exceeds 150 feet. Exception: FDAR for one and two family
dwellings shall have an unobstructed width of not less than 15 feet, with an area of not less than
20 feet wide within 150 feet of the structure being protected. An approved turn around area shall
be provided if the FDAR exceeds 250 feet.
C-18.2.3.4.1.2 FDAR shall have an unobstructed vertical clearance of not less then 13ft 6 in.
C-18.2.3.4.1.2.1 Vertical clearances may be increased or reduced by the AHJ,provided such
increase or reduction does not impair access by the fire apparatus, and approved signs are
installed and maintained indicating such approved changes.
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-18.2.3.43.1 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.
18.23.4.5.1 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.
18.23.4.5.2 The bridge shall be designed for a live load sufficient to carry the imposed loads of
fire apparatus.
18.2.3.4.5.3 Vehicle load limits shall be posted at both entrances to bridges where required by the
AHJ.
18.2.3.4.6 Grade.
C-18.2.3.4.6.1 The maximum gradient of a Fire department access road shall not exceed 12
percent for unpaved surfaces and 15 percent for paved surfaces. In areas of the FDAR where a
Fire apparatus would connect to a Fire hydrant or Fire Department Connection,the maximum
gradient of such area(s) shall not exceed 10 percent.
18.2.3.4.6.2* The angle of approach and departure for any means of fire department access road
shall not exceed 1 ft drop in 20 ft(0.3 m drop in 6 m) or the design limitations of the fire
apparatus of the fire department, and shall be subject to approval by the AHJ.
Duane Kant
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.
18.2.4.13*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 accessways that have been closed and obstructed in the manner
prescribed by 18.2.4.2.1 shall not be trespassed upon or used unless authorized by the owner and
the AHJ.
18.2.4.2.4 Public officers acting within their scope of duty shall be permitted to access restricted
property identified in 18.2.4.2.1.
18.2.4.2.5 Locks, gates, doors,barricades, chains, enclosures, signs,tags, or seals that have been
installed by the fire department or by its order or under its control shall not be removed,
unlocked, destroyed,tampered with, or otherwise vandalized in any manner.
18.3 Water Supplies and Fire Hydrants
18.3.1* A water supply approved by the county, capable of supplying the required fire flow for
fire protection shall be provided to all premises upon which facilities or buildings, or portions
thereof, are hereafter constructed,or moved into or within the county. When any portion of the
facility or building is in excess of 150 feet(45 720 mm) from a water supply on a fire apparatus
access road, as measured by an approved route around the exterior of the facility or building, on-
site fire hydrants and mains capable of supplying the required fire flow shall be provided when
required by the AHD. For on-site fire hydrant requirements see section 18.3.3.
EXCEPTIONS:
1. When facilities or buildings,or portions thereof, are completely protected with an
approved automatic fire sprinkler system the provisions of section 18.3.1 may be
modified by the AHJ.
2. When water supply requirements cannot be installed due to topography or other
conditions,the AHJ may require additional fire protection as specified in section 18.3.2
as amended in the code.
3. When there are not more than two dwellings, or two private garage,carports, sheds and
agricultural. Occupancies, the requirements of section 18.3.1 may be modified by AHJ.
183.2* Where no adequate or reliable water distribution system exists, approved reservoirs,
pressure tanks, elevated tanks, fire department tanker shuttles,or other approved systems capable
of providing the required fire flow shall be permitted.
18.3.3* The location,number and type of fire hydrants connected to a water supply capable of
delivering the required fire flow shall be provided on a fire apparatus access road on the site of
the premises or both, in accordance with the appropriate county water requirements.
18.3.4 Fire Hydrants and connections to other approved water supplies shall be accessible to the
fire department.
Duane Kanuha
February 25,2014
Page 7
183.5 Private water supply systems shall be tested and maintained in accordance with NFPA 25
or county requirements as determined by the AHJ.
18.3.6 Where required by the AHJ, fire hydrants subject to vehicular damage shall be protected
unless located within a public right of way.
18.3.7 The AHJ shall be notified whenever any fire hydrant is placed out of service or returned to
service. Owners of private property required to have hydrants shall maintain hydrant records of
approval,testing, and maintenance,in accordance with the respective county water requirements.
Records shall be made available for review by the AHJ upon request.
C—183.8 Minimum water supply for buildings that do not meet the minimum County water
standards:
Buildings up to 2000 square feet, shall have a minimum of 3,000 gallons of water available for
Firefighting.
Buildings 2001- 3000 square feet, shall have a minimum of 6,000 gallons of water available for
Firefighting.
Buildings, 3001- 6000 square feet, shall have a minimum of 12,000 gallons of water available for
Firefighting.
Buildings, greater than 6000 square feet, shall meet the minimum County water and fire flow
requirements.
Multiple story buildings shall multiply the square feet by the amount of stories when determining
the minimum water supply.
Commercial buildings requiring a minimum fire flow of 2000gpm per the Department of Water
standards shall double the minimum water supply reserved for firefighting.
Fire Department Connections (FDC)to alternative water supplies shall comply with 18.3.8 (1)-
(6) of this code.
NOTE: In that water catchment systems are being used as a means of water supply for
firefighting, such systems shall meet the following requirements:
(1) In that a single water tank is used for both domestic and firefighting water,the water for
domestic use shall not be capable of being drawn from the water reserved for firefighting;
Duane Kanuha
February 25, 2014
Page 8
(2)Minimum pipe diameter sizes from the water supply to the Fire Department
Connection(FDC) shall be as follows:
(a)4"for C900 PVC pipe;
(b)4"for C906 PE pipe;
(c) 3" for ductile Iron;
(d) 3' for galvanized steel.
(3) The Fire Department Connection(FDC) shall:
(a)be made of galvanized steel;
(b)have a gated valve with 2-1/2 inch,National Standard Thread male
fitting and cap;
(c)be located between 8 ft and 16 ft from the Fire department access.
The location shall be approved by the AHJ;
(d) not be located less than 24 inches, and no higher than 36 inches from
finish grade,as measured from the center of the FDC orifice;
(e)be secure and capable of withstanding drafting operations. Engineered
stamped plans may be required;
(f)not be located more than 150 feet of the most remote part,but not less
than 20 feet,of the structure being protected;
(g) also comply with section 13.1.3 and 18.2.3.4.6.1 of this code;
(4) Commercial buildings requiring a fire flow of 2000gpm shall be provided with
a second FDC. Each FDC shall be independent of each other, with each FDC being
capable of flowing 500gpm by engineered design standards. The second FDC shall
be located in an area approved by the AHJ with the idea of multiple Fire apparatus'
conducting drafting operations at once, in mind.
(5)Inspection and maintenance shall be in accordance to NFPA 25.
(6)The owner or lessee of the property shall be responsible for maintaining the water
level,quality, and appurtenances of the system.
EXCEPTIONS TO SECTION 183.8:
(1)Agricultural buildings, storage sheds,and shade houses with no combustible
or equipment storage.
(2)Buildings less than 800 square feet in size that meets the minimum Fire
Department Access Road requirements.
(3) For one and two family dwellings, agricultural buildings, storage sheds, and
detached garages 800 to 2000 square feet in size, and meets the minimum Fire
Department Access Road requirements,the distance to the Fire Department
Connection may be increased to 1000 feet.
(4) For one and two family dwellings, agricultural buildings, and storage sheds
Duane Kant
February 25, 2014
Page 9
greater than 2000square feet, but less than 3000 square feet and meets the
minimum Fire Department Access Road requirements,the distance to the Fire
Department Connection may be increased to 500 feet.
(5) For buildings with an approved automatic sprinkler system,the minimum water
supply required may be modified.
If there are any questions regarding these requirements,please contact the Fire Prevention Bureau
at(808) 932-2912.
DARREN J. ROSARIO
Fire Chief
GA/lc
NEIL ABERCROMBIE <•n.
?LAN rr Y r ,�� q q DIRECTOR OF HEALTH
jiri
20111IltR -7 AM9: 03 ; ?'
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 N'
District Environmental Health Program Chief
SUBJECT: 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
Lands formerly used for sugarcane production are now being developed into communities where
residential homes, schools and commercial businesses are being constructed. Chemicals
associated with the sugarcane industry persist in soil today and may be a threat to public health
and the environment. Elevated arsenic levels were discovered in soil at former sugarcane
production areas on the islands. The HEER Office has identified former sugarcane production
areas for assessment throughout the state and plans to work with property owners to conduct
environmental assessments to identify and address elevated soil arsenic levels prior to finalizing
development plans for the properties.
We recommend that you review all of the Standard Comments on our website:
http://hawaii.gov/health/environmental/env-planning/landuse/landuse.html. Any comments
specifically applicable to this project should be adhered to.
The same website also features a Healthy Community Design Smart Growth Checklist
(Checklist) created by Built Environment Working Group (BEWG) of the Hawaii State
Department of Health. The BEWG recommends that state and county planning departments,
developers,planners, engineers and other interested parties apply the healthy built environment
principles in the Checklist whenever they plan or review new developments or redevelopments
projects. We also ask you to share this list with others to increase community awareness on
healthy community design.
SCANNED
WORD:REZ 14-000173.ni Planning Dept. MAR 01 2014
Exhibit 7 Sy: 090429
WILLIAM m
ML AtLLCROMLIL Y AtN UEC A Ct MENT R a OC e+ CHAIRPERION
IMrcF wD NATURAL SO
pMOES
COVER,"OF HAWAII r 11 ,Ar R♦ Ana v, COMMISSION d MATER RESOURCE WNACOM
M
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0010639O1 ,MATER AtT
CONSERVATION AND CORSFALLANDS
STATE OF HAWAII CONSEINATICti RIW°°°°�®"
DEPARTMENT OF LAND AND NATURAL RESOURCES HMO=PRESERVATION
AIOOIAME=AND 6ffiVE GOMIR,IM
LAND
STATE HISTORIC PRESERVATION DIVISION DATE PARRS
ICAKUHIHEWA BUILDING
601 KAMOKILA BLVD,STE 555
KAPOLEI,HAWAII 96707
March 14,2014
Duane Kanuha,Planning Director LOG NO:2014.300768
County of Hawaii Planning Department DOC NO: 1403SNO7
101 Pauahi Street,Suite 3 Archaeology
Hilo,Hawaii 96720-4224
Dear Mr.Kanuha:
SUBJECT: Chapter 6E-42 Historic Preservation Review—
County of Hawaii Change of Zone Application(REZ 14-000173)for Jason DePonte
Wadies Ahupua°a,South Hilo District,Island of Hawaii
TMK:(312-4-038:012
Thank you for the opportunity to review this request that was received by our office on February 20, 2014.
According to the application, 1.0 acre of the 3.23 acre subject parcel will be rezoned from Agricultural (A-3a)to
Residential and Agricultural (RA-la), and subsequently subdivided for estate purposes. A review of our records
indicates that there has been no archaeological inventory survey(AIS)completed for this parcel.
The parcel has been utilized for agricultural cultivation for many years and it is unlikely that historic properties
remain on the property.SHED believes that no historic properties will be affected by this zoning change.
Please contact Sean Naleimaile at(808)933-7651 or Sean.P.Naleimaile®Hawaii.gov if you have any questions or
concerns regarding this letter.
Aloha,
Theresa K.Donham
Archaeology Branch Chief
SCANNED
Planning Dept.
Exhibit
PLANNING DEPARTMENT
P,-,urry ,,s UatlA11
NIW...GCaM,.R
Yf'aliully WwN M'lYLJ11AWAN.
" '''4 MR 1 E PH 12: 28 _--' —'
astcmk
STATE HAWAII
DEPARTMENT OF LA DOAND NATURAL RESOURCES
r' LAND DIVISION
PF OFFICE BOX 621
(Oa HONOLULU.HAWAII 96809
March 17,2014
County of Hawaii
Planning Department
Attention: Mr.Jeff Darrow via email: idarrow@co.hawaii.hi.us
101 Pauahi Street,Suite 3
Hilo,Hawaii 96720
Dear Mr.Darrow:
SUBJECT: Change of Zone Application (REZ No. 14-000173), Jason DePonte,
Applicant,South Hilo,Hawaii;TMK: (3)24-038:012
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)
SCANNED
MAR 19 2014
PlanningQept. By: 090624
Exhibit
(t
PLANNING 'DEPARTMENT
NUL AIENCIIMMIII� r 4 = or awnmaaMua '
►a
II—fl*Um ay,ys
2014 MIR 18 PN 12: 28
e ••�
STATE OF HAWAII
r'y � DEPARTMENT OF LAND AND NATURAL RESOURCES
LAND DIVISION
POST OFFICE BOX 621
eittra
HONOLULU,HAWAII 96319
February 20,2014
MEMORANDUM
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
XLand Division—Hawaii District
• XHistoric Preservation
46/Russell Y. Tsuji,Land Administrator r
SUBJECT: Change of Zone Application(REZ No. 14-000173)
LOCATION: South Hilo,Hawaii;TMK: (3)2-4-038:012
APPLICANT: Jason DePonte
Transmitted for your review and comment is information on the above referenced F3
application. We would appreciate your comments on this application. Please submit any
comments by March 13,2014.
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.
( We have no comments.
( O C7ents are attached.
Signed: PI, Asir
Print , . ! S.grlq,gs(Fs jaau
Date: Z •L
cc: Central Files
090624
2E_AN)ii lr; DEPARTMENT
DEPARTMENT OF LAND AND NATURAL RESOURCES
ENGINEERING DIVISION Q PPR 1 8 PH 12: 28
LD/Russell Y.Tsuji
REF:Change of Zone Application(REZ 14.000173),South Hilo
HawaiL011
COMMENTS
(X) We confirm that part of the project site,according to the Flood Insurance Rate Map
(FIRM),is mainly 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
(X) Please note that the correct flood Zone Designation for the remainder of the project site
according to the Flood Insurance Rate Map(FIRM)is Flood Zone AIL The National Flood
Insurance Program regulates developments within Zone AN as Indicated in bold letters
below.
(X) Please note that the project site must comply with the rules and regulations of the National
Flood Insurance Program(NFIP)presented in Title 44 of the Code of Federal Regulations
(44CFR),whenever development within a Special Flood Hazard Area is undertaken. If
there are any questions,please contact the State NFIP Coordinator,Ms.Carol Tyau-Beam,
of the Department of Land and Natural Resources,Engineering Division at(808)5874267.
Please be advised that 44CFR indicates the minimum standards set forth by the NFIP. Your
Community's local flood ordinance may prove to be more restrictive and thus take
precedence over the minimum NFIP standards. If there are questions regarding the local
flood ordinances,please contact the applicable County NFIP Coordinators below:
() Mr.Mario Siu Li at(808)768-8098 or Ms.Ards Shaw-Kim at(808)768-8296 of the
City and County of Honolulu,Department of Pluming and Permitting.
(X) 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)241-4884 of the Comity of Kauai,Department of Public
Works.
() The applicant should include project water demands and infrasnuctne 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`ARTY . N ,CHIEF ENGINEER
Date:lilac y___._ _ _- --
TT 090624
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NON-SPECIAL FLOOD HAZARDAREA—An area In a bmtomoderate risk Iced zone. Ca"d Han/
No mandatory flood insurance purchase requirements apply.but coverage is avail/Abet in Frank DeMarlz•MA (808)981-8042
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data load with average depths of less than 1 fact or wIth drainage areas less Dhollthnor The Department°I Lana and Nand Resources(DEN than 1 square we and areas prated by levees from 1%annual aflame flood "Win"no noOonothaRY a/WV from are use 0 f Rs WorntRika
contend in Ws twat Woweralsonr aro nosponsion for washy the
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OTHER FLOOD AREAS NotOly,which may wise Mn are use
MI Zeus ft Unstudied areas wherefood bawds us undetermined.but flooding Is :1110:::::::r 71:knfilid as Pr ift.INARY'w UN°Pfieliwt.i.
posaiNs No mandatory flood insurance purdwee requesments apply,but coverage n o I to be used(or officiablegol decisions,reguktlay compftwo or Hood
Is avalable in puthemeng cormewelres Insurance nilbg Cosa your county NFIP cardineicr for flood zone
cletomOnolions tab.used for compfenco with load iloodplom 1-) ,
inenogemenbegutoobris 9 c 6 2 4
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PLANING DEPARTMENT '
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,% STATE OF HAWAII
®�6 YY DEPARTMENT OF LAND AND NATURAL RESOURCES
, i°.. LAND DIVISION
e
POST OFFICE BOX 621
HONOLULU,HAWAII 96809
February 20,2014
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
Aland Ihvislou -Hawaii.District
XHistoric Preservation
FROM: Russell Y.Tsuji,Land Administrator
SUBJECT: Change of Zone Application(REZ No. 14-000173)
LOCATION: South Hilo,Hawaii;TMK: (3)2-4-038:012
APPLICANT: Jason DePante
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 13,2014.
If no response is received by this date,we will assume your agency has no comments.muents. 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 :1,,:
i/c/
Print name: t.+ �✓t,dr,r
Date: z %r/
cc: Central Files !
090624
RDePontndoc 4/14/14
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
JASON DEPONTE
CHANGE OF ZONE APPLICATION (REZ 14-173)
Upon careful review of the request against the guidelines for granting a change of zone,
the Planning Director is recommending that a favorable recommendation of the Change of
Zone request be forwarded to the County Council. Since this recommendation is made
without the benefit of public testimony,the Planning Director reserves the right to modify and/or
alter this recommendation based upon additional information presented at the public hearing.
This favorable recommendation is based on the following findings:
The applicant requests a change of zone from Agricultural- 3 acres (A-3a)to
Residential and Agricultural- 1 acre(RA-1a)for an approximately 3.23 acre parcel in
order to create a 2-lot residential-agricultural subdivision with one 2.23-acre lot and one
1-acre lot. The existing single-family dwelling will be incorporated into the 2.23-acre lot
during subdivision design. The two lots will be distributed amongst family members
(parents and daughter). Approximately 2 acres of the property will continue to be used to
raise goats.
In order to consider an area for any type of zoning designation,the applicable
goals,policies and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must also be considered as they may have an impact on similar areas in the
County.
The Change of Zone Application from an Agricultural(A-3a)to Residential
and Agricultural (RA-1a) zoned district will conform to the following goals, policies
and standards of the General Plan. The General Plan is intended to be used as a policy
guide for the coordinated growth and development of all sectors of the County. It sets
forth goals,policies, standards and courses of action to accommodate growth without
congestion, to designate and preserve the lands needed for residential use, commercial
Re: Bill 261/Como. 905
and visitor services, industry,agriculture and open space, and to coordinate these uses
with the County's service and circulation systems. The overall goals,policies and
standards are set forth to physically plan the lands in the County in the best interest of the
island's residents. Land use is one of the principal focal points of public concern and
policy. The Land Use Element provides the primary basis for direct control and guidance
of publicly and privately owned resources.
The Land Use Pattern Allocation Guide(LUPAG)Map component of the General
Plan is a representation of the documents goals and policies to guide the coordinated
growth and development of the County. It reflects a graphic depiction of the physical
relationship among the various land uses. The LUPAG Map establishes the basic urban
and non-urban form for areas within the County. The property is designated Low
Density Urban,which includes residential uses with overall densities of up to six units
per acre, ancillary community and public uses, and neighborhood and convenience-type
commercial uses. The maximum number of lots and dwellings that could be developed
on the 3.23-acre property in the RA-la zoning district would be 3 lots and 6 dwelling
units(3 single-family dwellings and 3 ohana dwellings per lot). This is well below the
maximum residential density of six units per acre allowed within areas designated Low
Density Urban in the General Plan.
The property is not considered important agricultural land as it is unclassified on
the ALISH Map and is in an area of existing urban development according to the Land
Study Bureau which determines productivity ratings of agricultural lands. The middle
portion of the property is improved with a dwelling and a goat shed. A flood zone runs
through the eastern portion of the property. Approximately 2 acres of the property is
used for grazing. The land uses in the area are a mix of residential,community and
agricultural uses. The adjacent properties to the south are approximately 1 and 3 acres in
size and are zoned Single-Family Residential(RS-10). These properties are undeveloped
and a flood zone crosses them from west to east. Properties to the east and north are
zoned A-3a. Properties across Kupulau Road to the west are zoned A-1 a and are in
residential use. Further to the west,the New Hope church was established with a Special
Pwuit on land zoned.A-la. The proposed change of zone would complement the
-2-
existing and predominately residential land uses in the surrounding area and is consistent
with the General Plan designation for the area.
All utilities and services are available to the site. Access to the property is
from Kupulau Road,which is a County roadway with an existing pavement width of
approximately 17 feet within an existing right-of-way width of 30 feet fronting the
property. The Department of Public Works (DPW)recommends limiting ingress/egress
to a single location for the proposed lot. DPW also recommends that the applicant
provide improvements to the property's Kupulau Road frontage if the property were
subdivided into 3 lots,as the RA-1 a zoning would allow. If the property were subdivided
into only 2 lots, as the applicant is proposing, improvements to Kupulau Road would not
be recommended by DPW. The Planning Director concurs with these recommendations.
County water is available to the site. The applicant will need to install an additional
water meter to serve the proposed lot. The proposed lot will utilize individual wastewater
treatment systems meeting with the approval of the Department of Health. Solid waste
will be disposed of at appropriate sites designated by the Department of Environmental
Management. The eastern portion of the property is located in Flood Zone AE, which is
designated by FEMA as a Special Flood Hazard Area inundated by the 100-year flood
where base flood elevations have been determined. Any development within Flood Zone
AE will conform to Chapter 27, Floodplain Management, of the Hawaii County Code.
All development-generated storm runoff will be disposed of on site and not allowed onto
adjacent properties or roadways. Police, fire, and emergency services are available
nearby in Hilo. All essential utilities are available to the project site.
Based on the above findings, approval of this change of zone request from an
Agricultural 3-acre(A-3a)to a Residential and Agricultural-1 acre(RA-la)zoned district
would result in an appropriate land use pattern that will further benefit the general public.
The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map),
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.
-3-
•%
COUNTY OF HAWAII ?'''i'• STATE OF HAWAII
ts_
BILL NO.
ORDINANCE NO. CP(CW)h;no vqO
AN ORDNANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE
1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL—3 ACRES (A-3a) TO RESIDENTIAL AGRICULTURAL— 1 ACRE
(RA-1a)AT WAIAKEA, SOUTH HILO, HAWAI`I, COVERED BY TAX MAP
KEY: 2-4-038:012.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I:
SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawaii
County Code 1983 (2005 Edition), is amended to change the district classification of property
described hereinafter as follows:
The district classification of the following area situated at Waiakea, South Hilo,
Hawaii, shall be Residential Agricultural— 1 acre(RA-1 a):
BEGINNING at the northwest corner of this parcel of land, and at the southwest corner
of Lot 917-L,the coordinates of said point of beginning referred to Government Survey
Triangulation Station"BALM'being 17,334.87 feet south and 3,056.58 feet west, and
running by azimuths measured clockwise from true South:
1. 265° 40' 938.00 feet along Lot 917-L;
2. 355° 40' 150.00 feet along portion of Lot 916;
3. 85° 40' 938.00 feet along Lot 1004;
4. 175° 40' 150.00 feet along"Gov't. Road 6 West", to the
point of beginning and containing an area
of 3.23 acres,more or less.
All as shown on the map attached hereto,marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005
Edition), the County Council finds the following conditions are:
(1) Necessary to prevent circumstances which maybe 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.
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:
-2-
III KAWAIOLU PL
RS-10 RS-30 R
®
AGRICULTURAL•T ACRE(A•
ACRE RESIDENTIAL AGRICULTURAL-L AC
3.23 ACRES TOTAL
® ,
®C
O
RS-f0
RS-10
R5-30
RS-10
ell
I 125-10 RS-10
R5-10
rt A-3o
IIIIIIIWII
R5-10
I Feet
0 250 500 750 1,000
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL - 3 ACRES (A-3a) TO RESIDENTIAL AGRICULTURAL - 1 ACRE (RA-1a)
AT WAIAKEA, SOUTH HILO, HAWAII
MAP PREPARED BY:
TMK(3)2-4-038:012 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:Feb.24,2014
EXHIBIT"A" Jason Map 943
CDePonteREZdoc 4/16/14
JASON DEPONTE
CHANGE OF ZONE APPLICATION(REZ 14-173)
CONDITIONS OF APPROVAL
A. The applicant,its successors or assigns shall be responsible for complying with all
of the stated conditions of approval.
B. The applicant shall comply with all requirements in the Department of Water
Supply's March 17,2014 letter,including the construction of all necessary water
improvements prior to final subdivision approval.
C. The applicant, successors,or assigns shall notify prospective purchasers,tenants,
or lessees of all lots that farming operations and practices on adjacent or
contiguous land in the State Land Use Agricultural District are protected under
Hawaii 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 Hawaii 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. Final Subdivision Approval shall be secured within five(5)years from the
effective date of this ordinance.
F. To preserve the functional classification of Kupulau Road as a secondary arterial,
access to any future lots shall be limited to the current driveway access at
Kupulau Road.
G. Should more than one additional lot be created on the 3.23-acre subject property,
the applicant shall provide improvements to the subject property's entire Kupulau
Road frontage, consisting of,but not limited to,pavement widening with paved
shoulders and swales meeting the approval of the Department of Public Works.
H. All development-generated runoff shall be disposed of on site and shall not be
directed toward any adjacent properties. A drainage study shall be prepared and
the recommended drainage system shall be approved by the Department of Public
Works.
I. Any development within Flood Zone AE shall conform to Chapter 27, Floodplain
Management, of the Hawaii County Code.
J. The method of sewage disposal shall meet with the requirements of the State
Department of Health. ,
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 mitigation measures have been taken.
L. The applicant shall make its fair share contribution to mitigate the potential
regional impacts of the development with respect to parks and recreation, fire,
police, solid waste disposal facilities and roads. The fair share contribution shall
become due and payable prior to receipt of Final Subdivision Approval 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;
-2-
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.
M. To ensure that the goals and policies of the Housing Element of the General Plan
are implemented, the applicant shall comply with the requirements of Chapter 11,
Article 1, Hawaii County Code relating to the Affordable Housing Policy.
Compliance with Chapter 11 shall be approved by the Administrator of the Office
of Housing and Community Development prior to receipt of Final Plan Approval
and/or Final Subdivision Approval.
N. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exactions or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
O. The applicant shall comply with all applicable County, State and Federal laws,
rules,regulations and requirements.
P. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
1. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant,successors or assigns,
and that are not the result of their fault or negligence.
-3-
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 maybe 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 Planning
Commission and 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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