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HomeMy WebLinkAboutCOM 0063.000 2014-2016William P. Kenoi Mayor County of Hawaii Walter K.M. Lau Managing Director Randall M. Kurohars Deputy Managing Director Office of the Mayor 25 Aupum Street, Suite 2603 • Hilo, Hawaii 96720 • (808) 961 -8211 • Fax (808) 961 -6553 KONA: 74 -5044 Ane Keohokalole Hwy., Bldg. C • Kailua -Kona, Hawaii 96740 (808) 323 -4444 • Fax (808) 3234440 December 12, 2014 Dru Kanuha, Council Chair and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Kanuha and Members: COUNTY CLERIC COUNTY OF HAWAII RECEIVED Time 2 :ffm By Zel-) Date aol 76c SUBJECT: Change of Zone Application (REZ 14- 000180) Applicant: Melvin and Brenda Morris Request: Agricultural (A -3a) to Family - Agricultural (FA -la) for a 3.001 -Acre Parcel Tax Map Key: 2 -4- 034:045 As required by Chapter 7, Sec. 6 -7.5 (a), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Windward Planning Commission's letter and enclosures regarding the above - referenced request. Sincerely, William P. Kenoi Mayor MTransCouncilM elvimnon-isREZ 14 -180 Enclosures cc: Planning Department County of Hawaii is an Equal Opportunity Provider and Employer Comm. No. Ref. To: L Ref. Date-EEC 3 0 2 County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961 -8288 • Fax (808) 961 -8742 DEC 1 2 2014 Dru Kanuha, Council Chair and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Kanuha and Council Members: Change of Zone Application (REZ 14- 000180) Applicant: Melvin and Brenda Morris Request: Agricultural (A -3a) to Family - Agricultural (FA -la) for a 3.001 -Acre Parcel Tax Map Key: 2 -4- 034:045 The Windward Planning Commission, at its duly held public hearing on December 4, 2014, recommended for your approval the proposed legislative bill for a Change of Zone from an Agricultural 3 -acre (A -3a) to a Family Agricultural -1 acre (FA -la) zoning district for 3.001 acres of land located at the end of Ho`ohoaloha Street, approximately 1,500 feet south from its intersection with Ainaola Drive, Waiakea Homestead 2nd Series, South Hilo, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicants are requesting a change of zone from an Agricultural 3 -acre (A -3a) zoned district to a Family Agricultural 1 -acre (FA -1 a) zoned district for 3.001 acres of land in order to subdivide the property into 3 lots, which will be conveyed to the applicants' children. 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 Hawai `i County is an Equal Opportunity Provider and Employer Dru Kanuha, Council Chair and Members of the County Council Page 2 General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The change of zone request from A -3a to FA -la will conform to, among others, the General Plan's Land Use element and Land Use Pattern Allocation Guide ( LUPAG) Map. The Land Use- Agriculture element of the plan seeks to protect and maintain important agricultural lands from urban encroachment. The subject property is not classified as important agricultural land. The property is currently used for cattle grazing but is located in an area for residential urban growth. The LUPAG Map, which establishes the basic urban and non -urban form for areas within the County designates the subject property as Low Density Urban, which allows for residential uses with an overall density of up to six units per acre, ancillary community and public uses, and neighborhood and convenience -type commercial uses. According to the Zoning Code, the purpose of the Family Agricultural district is to provide for a blend of small -scale agricultural operations associated with residential activities that may be characterized by farm estates, small acreage farms, or subsistence lots in areas where public services and infrastructure are appropriate to support the very low density residential needs of the community and where a substantial number of surrounding parcels are less than five acres in size. Surrounding properties to the south, east and west are zoned A -3a. The adjacent property to the east has be recently rezoned to FA -la. Surrounding properties to the north are zoned A - la. The area consists of agricultural uses, scattered dwellings and vacant lots. A substantial number of surrounding parcels are less than five acres in size, especially properties to the north of the subject property. A change of zone to the FA district classification would be appropriate in this area and the request is consistent with the General Plan as it will not diminish the potential for future agricultural uses on the property and will remain consistent with the LUPAG designation for this area. All essential utilities and services are available to the site. Access to the property is from Ho`ohoaloha Street, which is a County owned and maintained street that has a 20 -foot wide pavement road with paved shoulders and swales within a 50 -foot right -of -way and in good condition. Two (2) of the proposed lots will access from Ho`ohoaloha Street and one of the lots will access from a 20 -foot wide easement that has a 10 -foot wide pavement. Dru Kanuha, Council Chair and Members of the County Council Page 3 County water is available from an existing 6 -inch waterline fronting the subject property. As there is no municipal sewer system in the area, wastewater will be disposed of through individual wastewater system(s) meeting with the State Department of Health. Solid waste is currently disposed of at an authorized landfill in Hilo. Electrical and telephone services are available to the site. Police services are located about 4 miles away in downtown Hilo and fire services area located within 2 miles of the property on Kawailani Street. Medical services are available in Hilo. To limit the cumulative impact of the proposed subdivision on area infrastructure, a condition of approval will prohibit a second dwelling and condominium property regime on each lot. The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management Area. The subject property is located over four miles from the shoreline and is not in the Special Management Area. Thus, the property will not be affected by coastal hazards and beach erosion. There are no identified recreational resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources on the subject property. In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka Aina " decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: • Investigation of valued resources: No formal archaeological reconnaissance survey, oral history of kama`dina accounts of the area, historical survey of documentary records, or botanical study was included in the application. • The valued cultural historical and natural resources found in the rezoning are The property has been previously bulldozed and cleared, and is currently in residential use. The Department of Land and Natural Resources- Historic Preservation Division issued a "no- effect" letter stating that they believe that no historic properties will be affected by the current application. A condition of the change of zone will require that the applicants cease work and notify the SHPD should any unanticipated archaeological features or sites be uncovered during the course of development. • Possible adverse effect or impairment of valued resources: Native plants may be destroyed by ground alteration. There is no evidence that the flora in the area are particularly desired or used for cultural practices. Dru Kanuha, Council Chair and Members of the County Council Page 4 • Feasible actions to protect native Hawaiian rights: As stated by the applicants, no gathering is taking place on the site. Thus, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. Based on the above findings, the approval of the Change of Zone request from an Agricultural (A -3a) to a Family Agricultural (FA -la) zoned district would result in an appropriate land use pattern that will further benefit the public. The accompanying draft bill to amend Section 25 -8 -33 (City of Hilo Zone Map) of Chapter 25, Zoning Code, of the Hawaii County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. We are enclosing copies of the staff Background, Planning Director's Recommendation, and the Powerpoint presentation for your information. Sincerely, k�i- Myles iyasato, Chairman Windward Planning Commission LMmorrisREZ 14- 180wpc 1 Enclosures cc: Mr. Sidney Fuke, Planning Consultant Melvin and Brenda Morris Department of Public Works Department of Water Supply William Brilhante, Esq., Corporation Counsel E3 Woms- REZ14- 180.jwd 11 -20 -14 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT MELVIN AND BRENDA MORRIS CHANGE OF ZONE APPLICATION (REZ 14- 000180) MELVIN AND BRENDA MORRIS have submitted an application for a Change of Zone from an Agricultural 3 -acre (A -3a) to a Family Agricultural 1 -acre (FA -la) zoning district for 3.001 acres of land. The property is located at the end of Ho`ohoaloha Street, approximately 1,500 feet south from its intersection with Ainaola Drive, Waiakea Homestead 2 °a Series, South Hilo, Hawaii, TMK: 2 -4- 034:045. PROPOSED ACTION 1. Request: The applicants are requesting a change of zone from an Agricultural 3 -acre (A -3a) to a Family Agricultural 1 -acre (FA -la) zoning district for 3.001 acres of land. 2. Reason for Request: The applicants are requesting the change of zone in order to subdivide the property into 3 lots. According to the applicants, the lots are intended to be conveyed to the applicants' children. Upon approval of the change of zone, the applicants plan on having the land subdivided by the middle latter part of next year (2015). (Planning Department Exhibit 1- Change of Zone Application) STATE AND COUNTY PLANS 3. State Land Use Designation: Agricultural. 4. County Zoning: Agricultural -3 acres (A -3a). 5. GP LUPAG Map: Low Density Urban. 6. Hilo Community Development Plan (CDP): The Hilo Community Development Plan adopted by Planning Commission Resolution No. 1 on May 21, 1975 identifies the area as A -3a and A -1 a, and as an area for alternate residential expansion. 7. Special Management Area (SMA): The property is not located within the Special Management Area (SMA) and is approximately four (4) miles from the coastline. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 8. Subject Property: The subject property is trapezoidal in shape and is 3.001 acres in size. It is currently vacant of any structures and is used mainly for cattle grazing. The property has been previously bulldozed and cleared. Re: Bill 17 /Comm. 63 9. Surrounding Zoning/Land Uses: Surrounding properties to the south, east and west are similarly zoned A -3a except for the adjoining property to the east, which was recently rezoned to FA -la. Surrounding properties to the north are zoned A -la. The area consists of agricultural uses, scattered dwellings and vacant lots. 10. ALISH: Unclassified. 11. Land Study Bureau's Detailed Land Classification System: "C" or "Fair" and "D" or "Poor ". 12. U.S. Soil Survey: Olaa extremely stony silty clay loam, 0 to 20 percent slopes (OID). Permeability is rapid, runoff is slow, and the erosion hazard is slight. This soil type was used for sugarcane. 13. FIRM: Zone "X ", an area determined to be outside the 500 -year flood plain. 14. Flora/Fauna Resources: No professional surveys were conducted of the site as the property has been previously bulldozed, cleared and is in residential use. According to the applicants, the site's vegetation is pretty much dominated by grazing grass typically called "Wainaku ", as well as some invasive trees like African Tulip and Albizia. According to the applicants, they do not believe that any rare or endangered floral or faunal resources are likely to be found within the site. Additionally, the site is not known to be a habitat for any rare or endangered animal life. 15. Historical /Cultural/Archaeological Resources: The property has been previously bulldozed and cleared. In a "no- effect" letter dated October 30, 2014, the Department of Land and Natural Resources- Historic Preservation Division stated that they believe that no historic properties will be affected by the change of zone application. 16. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the properties. PUBLIC UTILITIES AND SERVICES 17. Access: Access to the property is from Ho`ohoaloha Street, which is a County owned and maintained street that has a 20 -foot wide pavement road with paved shoulders and swales within a 50 -foot right -of -way and in good condition. Two (2) of the proposed lots will access from Ho`ohoaloha Street and one of the lots will access from a 20 -foot wide easement that has a 10 -foot wide pavement. -2- 18. Water: County water is available from an existing 6 -inch waterline fronting the subject property. 19. Wastewater System: There is no municipal sewer system available in the area. Wastewater will be disposed of through individual wastewater system(s) meeting with the State Department of Health 20. Solid Waste: Solid waste will be disposed of at an authorized landfill in Hilo. 21. Essential Utilities and Services: Electrical, telephone and cable services are available to the property. Police services are located in downtown Hilo, about 4 miles from the property. Fire services are on Kawailani Drive. Medical services are available in Hilo. AGENCIES' AND ORGANIZATIONS' COMMENTS 22. Department of Public Works: (Planning Department Exhibit 2 — October 13, 2014 Memo) 23. Department of Water Supply: (Planning Department Exhibit 3 — October 21, 2014 Memo) 24. Department of Environmental Management: (Planning Department Exhibit 4 — October 10 & 22, 2014 Memos) 25. Police Department: (Planning Department Exhibit 5 — October 20, 2014 Memo) 26. Department of Land and Natural Resources -State Historic Preservation Division: (Planning Department Exhibit 6 — October 30, 2014 Letter) 27. Department of Land and Natural Resources -Land Division: (Planning Department Exhibit 7 — November 5, 2014 Letter) 28. Department of Health: (Planning Department Exhibit 8 — October 28, 2014 Memo) 29. Fire Department: (Planning Department Exhibit 9 — October 30, 2014 Memo) APPLICANTS' RESPONSE TO AGENCY COMMENTS 30. The applicants have submitted several letters dated October 28, November 10 & 17, 2014 responding to agency comments. (Planning Department Exhibit 10 — Letters Dated October 28, November 10 & 17, 2014 from the Applicants) PUBLIC COMMENTS 31. As of the date of this writing, the Planning Department has not received any objections from the general public or adjacent landowners on the subject application. -3- PtANN14G DEPARTMENT COUNTY OF HAWAII 1014 OCT -I Pit 3: 31 APPLICATION FOR COUNTY REZONING (A -3a TO FA -la) MELVIN AND BRENDA MORRIS Waiakea, South Hilo,Hawai i TMK: (3) 2 -4 -034: 045 Prepared For: Melvin and Brenda Morris Prepared By: Sidney M. Fuke, Planning Consultant September 2014 Planning Dept, 094528 Exhibit I____ P;.ANNING DEPARTMENT CHANGE OF ZONE APPLICA ` F HAWk11 1014 OCT - I Pit 3: 31 COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Melvin and Brenda Morris APPLICANT'S SIGNATURE: ATE: a9 201 CX ADDRESS: 94 -034 Mahau Place Mililani, Hawaii 96789 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (Res.) (808) 623 -4436 (Fax) LANDOWNER(S): Melvin and Brenda Morris LANDOWNER SIGNATURE(S): ATE: h9f Zplje (May be by 1 LANDOWNER(S)ADDRESS: 94 -034 Mahau Place 4e, liIani, Hawaii 96789 REQUEST: A -3a TO FA-la Existing zoning) (Proposed Zoning) TAX MAP KEY: 2-4 -034: 045 STREET ADDRESS OF PROPERTY: Hoohoaloha Street SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 3.001 acres AGENT: Sidney M. Fuke, Planning_ Consultant ADDRESS: 100 Pauahi Street Suite 212 Hilo HI 96720 TELEPHONE:(Bus.) 969 -1522 (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL:- Sidney Fuke ' COPIES: Melvin Morris 094528 M MM nTTAXnl7m Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE I If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? If yes, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? all b. Into what lot sizes? 1 acre C. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? 1 month d. Do you intend to build houses on the newly created lots? If yes, please answer the following questions: On how many of those lots? At what approximate price range? House Lot Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you have no firm plans of subdividing the subject area, do you intend to: a . Sell or lease the land to someone who has firm plans? no b• Sell or lease the land to someone who has tentative plans? no C. Sell or lease the land to someone who has no plans? no d. Keep it? yes e. P. D. 2 5/84 f• If you intend to do either a, b, c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. This would be for family members. 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? yes How? Providing lots that would enable annlicant's children to eventuallv construct their home on them. 4. Are there any buildings on the - subject area? If so, what kind? RM What do you intend to do with those buildings if your request is approved? 5. Is the subject land currently being used for any agricultural activity? yes If so, please list the kinds of products grown and on how many square feet or acres of land per product. cattle Erazin 6. Was your request to allow for the creation of smaller agricultural lots? yes If so, did your plan include the following considerations? a. Commodity to be produced? What kinds of commodity? b. Suitability of the proposed lot -size for that commodity? yes Sufficient farm size to allow reasonable chance of success in commercial agriculture? yes -2- d. Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? none Please state the proposed type of arrangement. Please submit your agricultural plans for the subject area and present evidence of consi(:eration of the above requirements together with your request for a change of zone. If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. Continued use of land for cattle grazing by various family members. 7• To your knowledge, has there been any flooding and /or drainage problem on the subject area? no If so, please describe the problem. 8• Do you think that the roads leading to the subject area needs improvements? no If so, what kind? Is the road adequate for the proposed traffic volume or load? Yes 9• What sort of governmental assistance and /or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools x b. Roads C Sewer d. Drainage -3- x x x Yes e. Police Protection f. Fire Protection g, Recreational Facilities h. Public Utilities I. Other No x x x x x For those checked "yes ", please elaborate what type or kinds of improvements and /or assistance are needed. Signatute. :...; ! / Address:- 94 -034 Mahan place Mddan4 Oahu 9678 Telephone: Dater ZDl� -4- COUNTY ENVIRONMENTAL REPORT COUNTY REZONING REQUEST (A -3a to FA -1a) MELVIN AND BRENDA MORRIS WAIAKEA, SOUTH HILO, HAWAII TAX MAP KEY: (3) 2-4 -034: 045 I. INTRODUCTION Melvin and Brenda Morris ( "applicants ") are requesting the rezoning of a 3.001 acre parcel from the Agriculture (A -3a) to Family- Agriculture (FA -1a) district in Waiakea Homesteads, South Hilo, Hawai'i. The property is located at the south end of Ho'ohoaloha Street, approximately 2,500 feet from its intersection with Ainaola Drive. The Waiakea Uka Park is located on the north side of Ainaola Drive, almost opposite of Ho'ohoaloha Street. It is adjacent and immediately west of a 3+ acre site that was recently rezoned to the FA -1 a district. (Figures 1 and 2). If approved, the applicants intend to subdivide the 3+ acre parcel into three (3) lots, consisting of a minimum of 1 -acre each. At this time, the lots are intended to be conveyed to the applicants' children. I1. PROJECT LOCATION As noted earlier, the subject property is located at the end of Ho'ohoaloha Street, approximately 2,500 feet from its intersection with Ainaola Drive. The County Waiakea Uka Park is located on the north side of Ainaola Drive, near its intersection with Ho'ohoaloha Street. There are a number of residences on 1 -acre sized lots within the subdivision. There is also a store and related urban uses adjacent and makai or west of Ho'ohoaloha Street. A property (B -11 Educational Trust) situated immediately to its west was recently rezoned into the FA -1 a district. (Figures 1 and 2). The entire property is somewhat trapezoidal in shape, with its narrow point abutting Ho'ohoaloha Street. III. PROJECT DESCRIPTION A. Project Concept and Components The subject site consists of 3.001 acres and is vacant of any structures. The applicants wish to subdivide the subject property into three (3) lots and eventually convey them to members of their family. - .FIGURE I FIGURE 2 O fX O If approved, the proposed lots would consist of a minimum of 1 acre in size. As proposed, two of the newly created lots would have direct access to Ho'ohoaloha Street while the remaining lot would access over a 20 -foot wide easement that eventually touches down to Ho'ohoaloha Street. (Figure 3) It is understood that the subdivision plan submitted herein may have to be adjusted prior to receipt of final subdivision approval to accommodate County subdivision requirements and appropriate conditions of approval. B. Project Timetable and Cost The applicants hope to secure County rezoning approval as soon as possible and begin the subdivision process immediately thereafter. Tentatively, plans call for having the land subdivided by the middle or latter part of next year. The estimated cost of improvements for this project should not be significant, as the site is already serviced with an improved road access. Since the existing lot has a water meter, two (2) more meters are needed to serve the other two (2) proposed lots. IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The subject site is designated Agriculture. Based on the proposed lot size, no State Land Use Commission action is required. The County of Hawai'i can process the rezoning request. B. County General Plan The County General Plan Land Use Pattern Allocation Guide ( "LUPAG ") map designates the subject site Low Density Urban. This designation allows consideration for uses that are single - family residential in character, ancillary community and public uses and convenience type of commercial uses. The proposed family- agricultural subdivision resulting in three (3) lots would be consistent with the Low Density Urban designations. As such, no General Plan. amendment would be required to effectuate this project. 2 C. Hilo Community Development Plan The Hilo CDP was adopted by the Planning Commission in 1975 over 25 years ago and intended to further define the General Plan and provide short and middle range implementation strategies of the General Plan. Since the adoption of the Hilo CDP, there have been significant land developments in the City of Hilo, including the shopping complexes in and around the Puainako /Kanoelehua Intersection, expanded commercial uses near the University complexes and commercial /industrial uses along the southern portion of the Waiakea Houselots area. These developments render many of the CDP land use concepts obsolete. Although the document was reviewed by the County Council, the CDP was never adopted by ordinance. The CDP's Land Use Concept Map identified this area as A -3a, which is inconsistent with the County General Plan LUPAG map. The LUPAG map has been amended to reflect a Low Density Urban designation. As such, some of the planning assumptions reflected in the 1975 CDP are now obsolete. The GP LUPAG map therefore is a more accurate land use depiction of the affected properties and surrounding lands. The County Charter requires all change of zones to be consistent with the designation in the General Plan. In this case, the GP LUPAG designation is Low Density Urban, and thus, the requested FA -1a zoning would be consistent. D. County Zoning The County zoning of the subject property is Agriculture (A -3a). Although there are a number of A -3a zoned properties in this vicinity, there are also a number of Agriculture (A -1a) zonings adjacent to the site, as well as commercial and single - family residential zones. proximate to the site. As noted earlier, the adjoining property to its east was recently rezoned into the FA -1a district. (Figure 4) If approved, the site would be subdivided in a manner generally meeting with both the Zoning and Subdivision Codes. Notwithstanding the subdivision requirements, all uses and standards consistent with the requested FA -1a zone would be adhered to. E. Relationship to SMA Objectives and Policies The site is not located within the County Special Management Area (SMA). No SMA Use Permit is required. However, as the entire 0 ;a U N N J� O S d yL- m [fl O O i C= � o ¢ W O'Z ea O� LO, O¢ O d N z� f IN- ail — - — — — ig 0 LU � QZ VHOIVOHOOH LU TQ ti— I n5 40' r 54.72 0 i - - - - - - -- U25 LU O� �d W 40 r 2X-% J oG �p I I FN- o ¢ w � r3 o� tt, RE 2v wu-i k"� ZR m =E jQsNZ �e # FIGURE 3 °� 0 COUNTY OF HAW LOT 4 2014 OCT -4 PM 2: 24 WAIAKEA ACRES - ACRES III SUBDIVISION PORTION OF GRANT 11,843 TO FIRST TRUST CO. OF HILO, LTD. TRUSTEE UNDER THE WILL AND OF THE ESTATE OF JAMES N K KEOLA DECEASED WAIAKEA. SOUTH HILO. ISLAND OF HAWAII, HAWAII Beginning at the northeast corner of this parcel of land, being also the northwest corner of Lot 5 and on the southerly side of Hoohoaloha Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAP' being 20,030.66 feet south and 3,397.87 feet west and thence running by azimuths measured clockwise from true south: 1. 3250 48'40" 353.19 feet along Lot 5: 2, 830 52' 13" 498.37 feet along Lot A -2; 3 175° 4U 200.98 feet along Lot 3-A: 4. 2160 00' 189.21 feet along Lot 3 -A; thence along Lot 3 -A along a curve to the right, having a radius of 80.00 feet, the chord azimuth and distance being: 5. 240° 50' 67.20 feet; 6. 2654 40' 82.69 feet along Lot 3 -A; thence along the southerly side of Hoohoaloha Street along a curve to the left, having a radius of 45.00 feet, the chord azimuth and distance being: 7. 3080 11' 04" 76.20 feet to the point of beginning and containing an area of 3.002 Acres more or less, Jy N M PAVL­ MURRAY & ASSOCIATES, LLC j, n...+..r.. r............ .........�.....r.... PAUL M. MUR Licensed Professional Land Surveyor Certificate Number. LS -7589 \�y / Land Court Surveyor Certificate Number 260 `�4�?✓F�`'j `sr ' License Expiration Date: April 30, 2016 `Z HILO HAWAII 2014-- OCT -08 Tt,AK; t ".?; -4 -034 045 - PAUL H. MURRAY S ASSOCIATES, LLC LICENSED PROFESSIONAL LAND SURVEYORS P. O. BOX 1189 HILO, HAWAII 96721 -1189 SCANNED �°Cb � °4�Q1$ 0 ICx URE 4 island falls within the Coastal Zone Management (CZM) Area, a discussion of the request's relationship to the CZM Program follows. The site is not adjacent to the ocean. It is more than five (5) miles from the shoreline. As such, the proposed action should not have any adverse impacts on the area's coastal recreational and marine resources nor have any impacts on beach protection. The likelihood of this improvement having any impacts to the area's historic resources is not high. The site was previously bulldozed by the applicant and /or its predecessor in interest and being used residentially and some measure of cattle grazing. In the event any archaeological features are found during any earth disturbance activity, work will stop within the affected area and appropriate clearances from the State DLNR -HPD and County Planning Department will be secured before work resumes. If needed, an archaeological monitoring program can be instituted as well during any land clearing activity. The proposed action will eventually involve the construction of improvements (particularly a dwelling unit) in a quasi -urban setting. Accordingly, there is a potential visual impact to the area's scenic and open space resources. However, the project would involve the construction of, at the most, a single - family dwelling on each of the proposed lots. Further, as the site is on the south side of Ainaola Drive, any structures on the site should not visually affect the view of Mauna Kea or Mauna Loa from either Ainaola Drive or Ho'ohoaloha Street. Relative to the Coastal Ecosystems, impacts should be negligible, if at all, as the site is located well over five (5) miles from the ocean. Notwithstanding the distance, the nature of the project — family agricultural — and the construction of only three (3) private wastewater systems is such that potential coastal ecosystem impacts would usually not be found. The proposed action will result in creating the potential for family - agricultural lots in this area. This should thus provide additional opportunities for small -scale farming. In so doing, the project could aid the agricultural economy and the overall economic use of this site and the area in general. Because of its distance from the shoreline, the site should not be subject to coastal hazards. M Relative to the managing development objective, this function is more applicable to the "authority" or approving agencies. However, it is noted that the request would operate and be constructed within the scope of the Zoning Code. The subject site would be zoned FA -1a, and the requested use and design /parameters (parking, height, setback, etc.) would be consistent with said zoning. In that regard, the project would be consistent with this policy. Finally, in terms of the public participation objective, this is generally a public agency function. This is achieved through the Marine and Coastal Zone Management Advisory Group (MACZMAG) and the public hearing process required pursuant to the Planning Commission's Rules and County Council's meetings on this application. Notices of this application will become available through the posting of a sign on the property, as well as sending two (2) notices to surrounding property owners, one at the time the application is filed and again, prior to the public hearing. Based on the foregoing, it is concluded that the requested improvements would be consistent with the objectives, policies and guidelines of the Coastal Zone Management Policies, as outlined in Chapter 205 -A -23, HRS and Planning Commission Rule No. 9 relating to Special Management Area. F. Other Permitting Requirements As noted earlier, other permits would still be required. These would be of the "ministerial" variety, such as Subdivision Approval, possible driveway access permit, and the like. V. ENVIRONMENTAL CONSIDERATIONS A. General Descri - tion The parcel is generally triangular in shape, with the smaller or pinnacle portion situated opposite of Ho'ohoaloha Street. The site is vacant of any other structures and used essentially for pasturage use. The site is situated at about the 750 -foot elevation level. The site rises from Ho'ohoaloha Street, with the highest point being at the southwestern end of the property. In spite of the gradual rise, there does not appear to be any topographic constraint in developing and utilizing the site for three (3) 1 -acre sized lots. 5 There are homes proximate to and within the 1 -acre lot subdivision leading to the subject site. The general area has more of a rural residential flavor to it. According to the State Commission on Water Resource Management, the closest rain gauge in this area is the Hilo Airport. The annual median rainfall for this area is approximately 131 inches. The average daily temperature ranges from a minimum of 61 degrees to 79 degrees Fahrenheit. Wind patterns are generally easterly during the day and westerly during the evenings. B. Soils and Topography According to the Natural Resource Conservation Service's Land Study Bureau Overall Master Productivity Rating, the site appears to have dual designations. There is a small portion along the front edge that is designated "C" or "fair", while the remaining area falls into the "D" or "poor" category. Both soils are of the Olaa Series, which is characterized by moderately deep soil with moderately fine texture. Further the Olaa series is well drained but moist and poorly suited for machine tillability. The runoff is medium and the erosion hazard is slight. Again, because of the general nature of maps, the project site appears to have dual designations under the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system. It appears that a significant portion is within the "unclassified" district, while a small portion is deemed "Other ". As noted earlier, the topography of the site slopes in a north to south direction, with the lower portion being at the north end. The slope appears to be between 10 to 15 percent. C. Natural Hazards 1. Drainage The Federal Emergency Management Agency (FEMA) Flood Insurance Rate map (FIRM) identifies the project area as Zone "X" (areas outside of the 500 -year flood). There are no existing drainage ways on the site. The applicants have not observed any significant runoff or erosion in the recent past on the subject site. Pursuant to County drainage requirements, appropriate drywell and /or similar means to capture runoff from any improvements will be built, if necessary, in conjunction with the appropriate permitting process. 2. Volcanic, Earthquake and Tsunami Hazards According to the United States Geological Survey maps, the project site is located within Lava Flow Hazard Zone 3, on a scale of ascending risks 9 to 1. The entire City of Hilo falls in the Zone 3 category. The Building Code designates the entire island of Hawaii Earthquake Zone "D" and contains certain structural requirements to address the relative seismic hazard. All structures would have to comply with this standard. 3. Tsunami Hazard As the site is located over five (5) miles from the ocean, it is located outside, of the Civil Defense's Tsunami Evacuation Zone. D. Flora /Fauna Although there were no professional surveys conducted of the floral or faunal resources of the site, the applicants do not believe that rare or endangered floral or faunal resources are likely to be found within the subject site. The site's vegetation is pretty much dominated by grazing grass typically called "Wainaku ", as well as some invasive trees like the African Tulip and Albizia. Thus, floral impacts should be minimal. The site is not known to be a habitat for any rare or endangered animal life. Given its elevation, however, it would be possible to find the Hawaiian Hawk (Yo) and the Hawaiian Owl (Pueo). Further the rural nature of the surrounding areas would make it less likely to find endangered animal life in this area. E. Historic /Cultural /Archaeological Resources As the site was formerly bulldozed and cleared, no commissioned archaeological survey of the site was made. However, if needed, an 7 archaeological monitoring plan can be prepared and implemented in conjunction with further land clearing activity. Furthermore, in the event any inadvertent discoveries are made during any land disturbance activity relating to this project, work will cease and the applicant will immediately notify the Planning Department and the State DLNR and secure their clearances before proceeding further. G. Valued Cultural Resources In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka'Aina decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated tradition and customary practices of this site. In this situation, the subject site is not adjacent and /or proximate to the shoreline. As such, gathering of marine life and coastal access is not an issue. It is not known whether the subject or immediate surrounding area was used in the recent past for the gathering of plants by native Hawaiians. The applicant has not observed any native Hawaiians on the site or adjoining properties gathering plants. Thus, it would appear unlikely that the site would serve such purpose today. In the event legitimate gathering claims are made by native Hawaiians, the applicant intends to respect and honor such claims and provide the needed access within the site. Based on the above, it does not appear that the project would have any potential adverse impact relative to the cultural and historical resources of the area. H. Water and Coastal Resources The subject site is located well over five (5) miles from the coastline. As such, coastal impacts resulting from discharge of wastewater systems from the site should not be significant. Further, being a non - coastal property, no coastal access will be affected. Septic tanks or their equivalent meeting with the approval of the State Department of Health will be installed in conjunction with the construction of any dwelling on the site. I. Noise, Air Quality, and Dust Ho'ohoaloha Street will serve as the main access to all of the proposed lots. The existing ambient traffic level in this area is quite low. As such, the corresponding noise level should be quite low. With the completion of this project, the noise level is not anticipated to increase significantly. There may, however, be short-term noise impacts associated with the construction of any required infrastructure or dwellings on the proposed lots. In that event, contractors will be required to comply with appropriate noise and related mitigation measures of the State Department of Health. The proposed development should not generate any direct air quality impacts. The only discernible air quality impact could be associated with the vehicular traffic to and from the site. While there will be an impact to the ambient air quality, the impact should not be significant, as the project will increase the density by only two (2) additional units. Further, with higher EPA standards for automobile air emissions, the air quality impact should thus hopefully not be significant. As such, with the exception of potential construction dust associated with any future dwelling, the short and long term dust generated by the project should be minimal. Construction dust, however, like construction noise will have to comply with the State Department of Health's regulations. J. Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there are sites or areas listed as being a scenic resource. The subject site is not listed as a scenic site. However, there were a few examples cited in the Hilo area, such as the view of Mauna Kea. In this situation, the views of Mauna Kea from either Ho'ohoaloha Street or Ainaola Drive would not be affected, as they are situated north of the subject site. 0 VI. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses The land use in this area is generally rural /urban in nature. There are some small family -type cattle grazing lands on some of the properties situated on the west and south side of the subject site. Those properties are zoned A -3a and A -10a. However, the subdivision adjacent to the subject site as well as properties makai or east of that subdivision are zoned A -1a. The adjoining property to the east is also zoned FA -1 a. There are also single - family residential and commercial zonings adjacent to the adjoining subdivision. (See Figure 4) Given the existing and zoned conditions, the proposed rezoning and the three (3) 1 -&.re lot subdivision would not be incongruous with the emerging rural -urban pattern of this area. B. Economic Impacts The requested zoning would have some measure of limited economic impact, as it would make two (2) additional fee simple lots with some measure of agricultural potential more readily available. Although the project is intended to address the applicants' family, it would still enable the ultimate user the opportunity to engage in some sort of limited agricultural activity. Further, there will be some small short-term construction activity. This could help with the area's economy. C. Agricultural Impacts As noted earlier, the site has been and continues to be used for some limited measure of agricultural activity in the form of cattle grazing. In that regard, it has been granted agricultural usage assessment. Thus, its continued potential exists. Notwithstanding the limited agricultural use of the subject site, the surrounding 1 -acre lot subdivision is not being used agriculturally. Some of the other properties that are zoned either A -3a or A-1 Oa are used for limited grazing or agricultural activity. Thus, the creation of 2 additional lots should not diminish the site's agricultural potential nor have an impact on any active farms in this general area. 10 VII. INFRASTRUCTURAL CONSIDERATIONS A. Road Access to the project would be from Ho'ohoaloha Street which has a right -of -way of 50 feet with a 20+ feet of pavement. As the entire right -of -way is also paved, it makes the roads appear even wider. This street has been dedicated to the County. The one proposed lot will have its access via an existing 20 -foot wide easement that has at least a 10 -foot wide pavement. B. Water There is a County water line fronting Ho'ohoaloha Street. Additional water meters will be required to service each of the newly created lots. C. Wastewater There is no County wastewater system in this area. As noted earlier, a septic tank system meeting with the approval of the Department of Health would be allowed in this area. This will be done by the respective landowner in conjunction with the construction of a dwelling. D. Solid Waste Solid waste will be handled through commercial haulers or the individual homeowners into authorized landfill sites or transfer stations. With the requested FA -1a zoning, the potential for uses with toxic or related chemical waste would be minimal, if at all. Further, most if not all agricultural waste will be retained and utilized on the property. E. Other Government Services As this area is already part of the Hilo urban area, it is already being serviced. No extension of government services would be required. The nearest fire station is located at Kawailani Street, less than three (3) miles from the site. The Police Station is located in the city center, approximately five (5) miles from the subject site 11 Public school (K -12) is available at the Waiakea Complex, less than three (3) miles from the site. County parks are available along Ainaola Drive, less than 1,000 feet away. As such, the project should not result in the extension of any government services. Further, the required public facilities are located reasonably proximate to the subject site. F. Other Utilities All other utilities such as telephone, cable, and electrical services are available to the site. Vlll. IMPACT SIGNIFICANCE ANALYSIS A. Relationship Between Local Short-Term Uses of Environment and Maintenance and Enhancement of Long -Term Productivity If the request were denied, the short-term use of the area of the proposed rezoning would probably continue in less than intensive level of agriculture in the form of cattle grazing. The applicants would not have an opportunity to create a rural sized lot with some measure of agricultural potential for their family. From a long -term productivity standpoint, then, the proposed additional two (2) lots could provide a heightened level of possibility in having the land used for more intensive, although on a smaller scale, agricultural activity while providing residential opportunity for family members. B. Irreversible and Irretrievable Commitment of Resources As the site has been relatively disturbed in the past, it is not likely that its development would result in an irreversible commitment of natural or archaeological resources. The soil on the parcel has been classified for the most part "D" or poor by the Land Study Bureau. Yet, there is always a potential for possible small -scale agricultural activity on the site. It is reasoned that the creation of the 3 -lot subdivision should help foster and not remove this land from its agricultural potential. Further, it is not likely that the site has any significant archaeological features. This is evidenced by the prior grading of the site. Again, if 12 needed, a monitoring program can be conducted during any land disturbance activity. C. Mitigative Measures The applicants intend to make improvements, if required, generally consistent with the subdivision process. Further, if there is any construction activity, contractors will be obligated to comply with appropriate State noise and air quality standards. Should unanticipated archaeological finds be discovered in conjunction with any further development of the site, work will stop (as is required by the State and County) and clearance secured before work is resumed. There is no existing drainageway on the property. Any and all required grading or grubbing work will be done in conjunction with the required permits and /or a SCS Agricultural Plan. This is to assure that the development of this site does not adversely affect the drainage of surrounding properties. Finally, there will be no person or businesses to be dislocated by this project. D. Alternatives to the Proposed Project 1. No Project Under the status quo alternative, the site could continue in its limited cattle grazing and residential status. The applicants would also not be able to reasonably facilitate its estate planning. 2. Alternative Density Under this alternative, the applicants could seek a more intensive zoning, such as RA -.5a or possible RS -10 zoning, given the LUPAG Low Density Use classification of the site and RS and CN zonings proximate to this area. These zoning categories would arguably be consistent with some of the surrounding zonings. Such an approach, however, may not be compatible with the policy of trying to foster more family - oriented type of 13 agricultural activities, while being generally compatible with the surrounding low- density rural /urban uses. 3. Evaluation of Alternatives The project's impacts to the area's social and physical infrastructure would not be pronounced. Certain mitigative measures could be taken to address any possible impacts associated by the development of this project. Further, the project would be consistent with the land use objectives sought to be accomplished by the County General Plan LUPAG map. In view of the aforementioned, it would appear that none of the alternatives would be more prudent and beneficial than the requested FA -1a alternative. IX. REGULATORY ANALYSIS A. General Plan LUPAG Map The General Plan provides for the long -range comprehensive development of the island of Hawaii. It provides direction for balanced growth in the County. The LUPAG map designates the site Low Density Urban. This designation allows the requested FA -1a zoning without a General Plan amendment. B. General Plan Polices The requested zoning would be consistent with the goals, policies, and standards of the General Plan document. For one, it may provide limited short-term economic opportunities largely through the construction of any improvements required for the subdivision. More importantly, however, longer -term opportunities would be created largely in the form of small -scale family - agricultural farms. In so doing, the resultant project should add revenues to the County and State coffers. The project intends to be energy conscious through the use and /or encouragement of solar energy and design features to take advantage of the sun and wind patterns. Maintaining and improving the quality of the environment is important to the success of this project. The General Plan identifies five (5) 14 areas of environmental concerns - air pollution, water quality, soil pollution, solid waste disposal, and noise pollution. As proposed, the project would not be violative of any of those objectives. Aside from the very limited vehicular transmission, air pollution associated with the project should be negligible. All wastewater systems would be consistent with the requirements of the State Department of Health. This should be sufficient to address any potential groundwater or coastal water impacts. If required while not necessary for a project of this nature and size, a solid waste management plan could be prepared and implemented. The project will also not be a noisy one, except as may be associated with the limited cattle grazing or farming operations. Any noise - generating facility - such as air conditioners - would be carefully placed to minimize their noise impacts to adjoining properties. Further, it is unlikely that this site would be used as a processing plant, as it would be more economical to send products elsewhere. The project area is outside of any floodway. Nonetheless, if required, a drainage system will be designed and constructed (especially in conjunction with the subdivision approval process) in a manner to protect the property as well as to minimize the volume of surface runoff generated by this development. The site does not appear to have historic sites due in large measure to the prior grading activity on the site. Nonetheless, work will cease if unanticipated archaeological remains are discovered during the development of this project. Work will resume only after proper clearances from the State and /or County have been received. While there have been sightings of the Hawaiian crow (Alala) or the owl (Pueo), this area is not their primary habitat. As such, the subject project should not have any significant impacts on rare or endangered plant or animal life in this area. As the FA -1a zoning would allow a dwelling, the project will indirectly fulfill the objectives of the housing element by creating two (2) more lots. The Plan also emphasizes that developments be mindful of an area's natural beauty. In this situation, the project — with the protective 15 DEPARTMENT OF PUBLIC WORKS OCT 14 �� 1 27 COUNTY OF HAWAII 'PENT HILO, HAWAII .r. .'OUNT-' Or HAWAII DATE: October 13, 2014 TO: Duane Kanuha, Planning Director FROM:avDepartment of Public Works, Engineering Division SUBJECT: CHANGE OF ZONE APPLICATION (REZ 14- 000180) Applicant: Melvin and Brenda Morris Request: A -3a to FA -1 a Tax Map Key: 2 -4 -34: 045 We have reviewed the subject application forwarded by your memo dated October 9, 2014 and offer the following comments for your consideration. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500 -year floodplain. Access to the subject parcel is via Hoohoaloha Street, a County street with a right -of -way of 50 feet wide with paved shoulders and swales in good condition. Questions may be referred to Kelly Gomes at ext. 8327. Planning Dept. Exhibit Z _ County of Hawaii is an Equal Opportunity Provider and Employer By :_Q� S ;1. DEPARTMENT OF WATER SUPPLY 345 KEKUANAO'A STREET, SUITE 20 TELEPHONE (808) 961 -8050 October 21, 2014 PLANNING DEPARTMENT COUNTY OF HAWAII 2014 OCT 22 PM 2: 53 • COUNTY OF HAWAII • HILO, HAWAI`i 96720 FAX (808) 961-8657 TO: Mr. Duane Kanuha, Director Planning Department FROM: Quirino Antonio, Jr., Manager —Chief Engineer SUBJECT: CHANGE OF 'LONE APPLICATION (REZ -14- 000180) APPLICANT — MELVIN AND BRENDA MORRIS REQUEST: A -3a TO FA -la TAX MAP KEY 2 -4- 034:045 We have reviewed the subject application and have the following comments and conditions. Water can be made available from the end of an existing 6 -inch waterline within Hoohoaloha Street fronting the subject property in accordance with the Department's existing water availability conditions, which are subject to change without notice. For your information, final subdivision will be subject to the following conditions: 1. Construct necessary water system improvements, which shall include, but not 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, c. installation of a reduced pressure type backflow prevention assembly within five (5) feet of the existing/proposed meter on private property. The installation of the backflow prevention assembly must be inspected and approved by the Department before commencement of water service, and d. fire hydrants spaced no more than 600 feet apart. On dead -end streets, the last fire hydrant shall be located at one -half the distance from the last house, or unit, fronting the property line, or to the driveway or access for the property. Submit construction plans, prepared by a professional engineer licensed in the State of Hawaii, for review and approval. Planning Dept. Exhibit.. Water, Our Most Precious resource ... Ka Wai .A Kam. The Department of Water Supply is an Equal Opportunity provider and employer. SCANNED OCT 2 3 2014 B,.O94919,- conditions — will be used in a manner where it blends with the existing terrain. As the project site is more than five (5) miles from the ocean, the usual coastal resources concern is not pronounced. There will be no interference with shoreline access. Then, too, through the use of a septic system or other acceptable form of wastewater system, impacts to the coastal water will be minimized. There will be marginal impact to public facilities. The wastewater system will be private, and the county water line exists to the site. Vehicular access to the site is already fully improved to County dedicable standards and accessible by emergency vehicles. Schools and other public facilities are also located proximate to the site, most of them being less than 3 miles away. Finally, in terms of the Land Use and Agricultural elements, the pertinent goals, policies, and standards of the General Plan note the following: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County • Protect and encourage the intensive utilization of the County's limited prime agricultural land • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need • The compatibility of agricultural and non - agricultural uses should be carefully reviewed and where appropriate, buffers required • Rural -style residential - agricultural developments, such as new small -scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations 16 • The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment • Agricultural land shall be used as one form of open space or green belt. In view of the foregoing goals and policies, it is noted that the requested zoning would be consistent with the Low Density Urban designation of the LUPAG map. It would also be generally compatible with the surrounding area. There are many 1 -3 -acre lots adjacent to and makai of the subject site. There are A -1a zonings makai and to the north. There are also a County park, single - family residences, apartments, and store less than a thousand feet from the site. The soil of the site is essentially classified "D" or poor by the Land Study Bureau. As such, while the resource is not high, there still is some agricultural potential. This request, however, should actually encourage more intensive agricultural activities on the site. The lot size would be conducive to the applicant's needs for a residence and family type of farm for its family members. The property has no severe topographic or geologic problems that would render the land unusable for the proposed subdivision and activity. C. Hilo Community Development Plan As noted earlier, the Hilo CDP was adopted by the Planning Commission in 1975 over 25 years ago and intended to further define the General Plan and provide short and middle range implementation strategies of the General Plan. Since the adoption of the Hilo CDP, there have been significant land developments in the City of Hilo, including the shopping complexes in and around the Puainako /Kanoelehua Intersection, expanded commercial uses near the University complexes and commercial /industrial uses along the southern portion of the Waiakea Houselots area. These developments render many of the CDP land use concepts obsolete. Although the document was reviewed by the County Council, the CDP was never adopted by ordinance. The CDP's Land Use Concept Map identified this area as A -3a, which is inconsistent with the County General Plan LUPAG map. The LUPAG map has been amended to reflect a Low Density Urban designation. 17 As such, some of the planning assumptions reflected in the 1975 CDP are now obsolete. The GP LUPAG map therefore is a more accurate land use depiction of the affected properties and surrounding lands. The County Charter requires all change of zones to be consistent with the designation in the General Plan. In this case, the GP LUPAG designation is Low Density Urban, and thus, the requested FA -1a zoning would be consistent. D. Zoning and Subdivision The designated zoning of the site is A9-3a. Should the FA -1a zoning be approved, the requirements of the zoning and subdivision codes would generally be complied, including use and related development standards. These include the possible incorporation of appropriate restrictive covenants relating to density, use, and design restrictions. E. State Land Use Agricultural Standards As the requested lots will be more than 1 -acre, the request would not in principle violate the minimum lot size standards of the State Land Use law. All of the applicable use guidelines of said law would be adhered to. 18 r Mr. Duane Kanuha, Director Page 2 October 21, 2014 2. Remit any facilities charge balance due. This will be determined upon completion of Subdivision Application. Submit the appropriate documents, properly prepared and executed, to convey the subdivision water system improvements and necessary easements to the Water Board of the County of Hawaii prior to final subdivision approval being granted. A registered land surveyor shall stamp and certify the metes and bounds description within the conveyance documents. However, prior to water meter services being granted to the development, or any lots within, the conveyance documents shall be accepted by the Water Board. Should there be any questions, please contact Mr. Troy Samura of our Water Resources and Planning Branch at 961 -8070, extension 255. TS:dfg copy - Mr. Sidney M. Fuke, Planning Consultant Jr., P.E. ngineer William P. Kenoi Mayor Walter K.M. Lau Managing Director l3J Leithead Todd Director John A. Medeiros Deputy Director Count of Anfuni"T DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekoanao`a Street, Suite 41 • Hilo, Hawaf i 96720 (808) 961 -8083 • Fax (808) 961 -8086 hLV://www.hawaiicouniy.-gov/environmental-manapemen MEMORANDUM Date : October 10, 2014, •rt �-� r=+ To DUANE KANUHA, Planning Director From: BJ LEITHEAD TODD, Director 01-4 Subject: Change of Zone Application ( REZ 14- 000180) N �' Applicant: Melvin and Brenda Morris Request: Agricultural (A -3a) to Family - Agricultural (FA -la) for a 3.001 -Acre parcel TMK: 24- 034:045 The Solid Waste Division has reviewed the subject application and offers the following recommendations (Please note Wastewater Division's comments will submitted separately): DEPARTMENT COMMENTS: ( ) Wastewater Division had no comment as this area is not a sewered and there are no immediate plans for sewering of the area. ( ) Other SOLID WASTE COMMENTS: (Contact Solid Waste Division for details.) ( <) No comments ( ) Commercial operations, State and Federal agencies, religious entities and non -profit organizations may not use transfer stations for disposal. ( ) Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. ( ) Ample and equal room should be provided for rubbish and recycling. ( ) Green waste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or other suitable diversion programs. ( ) Construction and demolition waste is prohibited at all County Transfer Stations. ( ) Submit Solid Waste Management Plan in accordance with attached guidelines. ( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. ( ) Other: Planning Dept. Exhibit___._ County of Hawaii is an Equal Opportunity Provider and Employer lu SCANNED OCT 21 20114 BylO94.98 William P. Kenoi Mayor Walter K.M. Lau Managing Director BJ Leithead Todd Director John A. Medeiros Deputy Director Gxi-ty d HaAd `I DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanao °a, Suite 41 - Hilo, Hawaii 96720 (808) 961 -8083 • Fax (808) 961 -8086 http: //hawaiicounty.ggv /environmental -mana eg ment/ MEMORANDUM Date : October 22, 2014 To . DUANE KANUHA, Planning Director From: BJ LEITHEAD TODD, Director #4 Subject: Change of Zone Application ( REZ 14 -000180) Applicant: Melvin and Brenda Morris Request: Agricultural (A -3a) to Family- Agricultural (FA -la) for a 3.001 -Acre parcel TMK: 2-4- 034:045 The Wastewater Division has reviewed the subject application and offers the following recommendations (please note Solid Waste Division comments will be submitted separately): DEPARTMENT COMMENTS: WASTEWATER COMMENTS: (Contact Wastewater Division for details.) _yie Hirota ( X ) No comments ( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21 -5 of the Hawai' i County Code. ( ) Require Council Resolution to approve sewer extension in accordance with Section 21 -26.1 of the Hawaii County Code. Complete Sewer Extension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23 -85 of the Hawaii County Code. ( ) Check or line out as applicable: [ ] If required by the Director of the Department of Environmental Management ( "Director of DEM"), [ ] applicant shall conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. Applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require, which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief for details. ( ) Other: County of Hawaii is an Equal Opportunity Provider and Employer. William P. Kenoi Mayor October 20, 2014 PLAN/�N14�G DEPARTWEN t Harry S. Kubojiri COON 7 Y OF HAWAII Police Chief 2014 OCT 21 PH 2; 5D County of Hawai ' i POLICE DEPARTMENT 349 Kapi`olani Street • Hilo, Hawaii 96720 -3998 (808)935 -3311 • Fax(808)961 -2389 TO DUANE fn L NING DIRECTOR FROM HEN Y TAVARES SSISTANT POLICE CHIEF ARE I PERATIO Paul K. Ferreira Deputy Police Chief SUBJECT: CHANGE OF ZONE APPLICATION (REZ 14- 000180) APPLICANT: MELVIN AND BRENDA MORRIS REQUEST: AGRIGULTURAL (A -3A) TO FAMILY - AGRICULTURAL (FA- 1A) FOR A 3.001 -ACRE PARCEL TAX MAP KEY: 2 -4- 034:045 Staff, upon reviewing the provided documents, does not anticipate any significant impact to traffic and /or public safety concerns. Thank you for allowing us the opportunity to comment. If you have any questions, please contact Captain Richard Sherlock, Hilo Patrol, at 961- 2214 RS:IIi 140661 Planning Delpi, SCANNED Exhibit OCT 131014 "Hawai'i County is an Equal Opportunity Provider and Employer" ay; � e� � J ,i _7_ NEIL ABERCROMBIE GOVERNOR OF HAWAII October 30, 2014 Duane Kanuha Planning Director County of Hawaii 101 Pauahi Street Suite 3 Hilo, HI 96720 Aloha Mr. Kanuha: uiw 1 Vi .PP it V -6 PH I i HISTORIC PRESERVATION DIVISION DEPARTMENT OF LAND AND NATURAL RESOURCES 601 Kamokila Boulevard, Suite 555 Kapolei, H196806 WILLIAM J. AILA, JB. CHAIRPERSON BOARD OF LAND ANDNATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT JESSE K. SOUKI FIRST DEPUTY WILLIAM M. TAM DEPUTY DIRECTOR- WATER AQUATIC RESOURCES BOATING AND OCEAN RECREATION BUREAU OF CONVEYANCES COMMISSION ON WATER RESOURCE MANAGEMENT CONSERVATION AND COASTAL LANDS CONSERVATION AND RESOURCES ENFORCEMENT ENGINEERING FORESTRY AND WILDLIFE HISTORIC PRESERVATION KAHOOLAWE ISLAND RESERVE COMMISSION LAND STATEPARKS LOG NO: 2014.04685 DOC NO: 141OSN26 Archaeology Archaeology SUBJECT: Chapter 6E -42 Historic Preservation Review — County of Hawaii Change in Zoning for Melvin and Brenda Morris Waiakea Ahupua`a, South Hilo District, Island of Hawaii TMK: (3) 2 -4- 034 :045 Thank you for the opportunity to review this application that was received by our office on October 15, 2014. The application indicates the land owner plans to change the zoning from Agricultural (A -3a) to Family - Agricultural (FA -la) district in order to subdivide the 3.001 -acre parcel into three one -acre parcels for the purposes of family estate planning for the future. A review of our records indicates that there are no known archaeological sites and there has been no archaeological inventory survey (AIS) of this project area. Aerial photos confirm that the project area has been grubbed and graded. Two prior grubbing permit applications for this entire parcel have been reviewed by our office in 2001 and 2004. In both reviews, it was determined that no historic properties would be affected by the grubbing activities (MS 8/28/2001; Log 2004.2693, Doc 0409MM05). Based on its current condition, it is unlikely that any surface historic properties are present. SHPD believes that the proposed change of zone would result in no historic properties affected. In the unlikely event that historic resources, including human skeletal remains, structural remains, sand deposits, midden deposits, lava tubes, or lava blisters /bubbles are identified during any future land alterations on these parcels, please cease work in the immediate vicinity of the find, protect the find from additional disturbance, and contact the State Historic Preservation Division at (808) 933 -7651 Please contact Sean Naleimaile at (808) 933 -7651 or Sean. P.Naleimaile(iLHawaii.aov if you have any questions or concerns regarding this letter. Aloha, i Theresa K. Donham Archaeology Branch Chief Planning Dept. Exhibit____ t: - Wv 095245x 14 NEIL ABERCROMBIE CiOVURNOR OF HAWAII � . Dr �]% STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION County of Hawaii Planning Department Attention: Mr. Jeff Darrow 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Darrow: POSI OFFICE BOX 621 HONOLULU, HAWAII 96809 November 5, 2014 WILLIAM J. At" JR. CHAWYMWIN WV=401NR)AWINAIIIRAI RMIDRUY CIAAM MIN IM WAI I R VIVA 1Kt MANAIIIJAI.M +a `3 C W via email: jdarrow@co.hawaii.hi.us SUBJECT: Change of Zone Application (REZ 14- 000180) Request: Agricultural (A- 3a) to Family - Agricultural (FA -la) for a 3.001 -Acre Parcel, Melvin and Brenda Morris, Applicants, South Hilo, Hawaii; TMK: (3) 2- 4- 034 :045 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 me at 587 -0426. Enclosure(s) Sincerely, Kevin E. Mo e Acting Land Adm strator Planning Qt�k, Exhibit NEIL ARERCROMI6 GOVERNOR Of HAWAII F SUBJECT: LOCATION: APPLICANT: le OR , WILLIAM L AILA,JR. LIIARrAPJM WWW W LAND AHONIITURAL RLtUURCMB LLMMRRIM ON WA11012— IRIRCkMANAOWNI ra 0 STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL I&SQURCES LAND DIVISION POST OFFICE BOX 621 HONOLULU, HAWAII 96909 October 15, 2014 MEMORANDUM DLNR Agencies: _Div. of Aquatic Resources Div. of Boating & Ocean Recreation ff yr�y�� y E_ l `Div. of "Forestry & Wildlife _Div, of State Parks _Commission on Water Resource Management _Office of Conservation & Coastal Lands • Land Division -- Hawaii District • Historic Preservation Kevin E. Moore, Acting Land Administrator VPK"" Change of Zone Application (REZ 14- 000180) Request: Agricultural (A -3a) to Family- Agricultural (FA -la) for a 3.001 -Acre Parcel South Hilo, Hawaii; TMK: (3) 2- 4- 034:045 Melvin and Brenda Morris 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 November 3, 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 me at 587 -0426. Thank you. ( ) We have no objections. ( ) We have no comments. ( /f Comnlolts are hed. Signed: Print name:IE Date: ! ' j ► cc, Central Files Ln W 9 2 V DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LD/ Kevin E. Moore REF: Change of Zone Application (REZ 14-000180) from Agricultural (A -3a) to Family - Agricultural (FA -1a) for a 3.001 -Acre Parcel, Waiaken, South Hilo Hawaii.051 COMMENTS (X) We confirm that the project site, according to the Flood Insurance Rate Map (FIRM), is located in Flood Zone X. The National Flood Insurance Program does not have any regulations for developments within Zone X. () Please take note that the remainder of the project site according to the Flood Insurance Rate Map (FIRM), is located in Zones _ () Please note that the correct Flood Zone Designation for the project site according to the Flood Insurance Rate Map (FIRM) is {) Please note that the project site must comply with the rules and regulations of the National Flood Insurance Program (NFIP) presented in Title 44 of the Code of Federal Regulations (44CFR), whenever development within a Special Flood Hazard Area is undertaken. If there are any questions, please contact the State NFIP Coordinator, Ms. Carol Tyau -Beam, of the Department of Land and Natural Resources, Engineering Division at (808) 587 -0267. Please be advised that 44CFR indicates the minimum standards set forth by the NFIP. Your Community's local flood ordinance may prove to be more restrictive and thus take precedence over the minimum NFIP standards. If there are questions regarding the local flood ordinances, please contact the applicable County NFIP Coordinators below: () Mr. Mario Siu Li at (808) 768 -8098 of the City and County of Honolulu, Department of Planning and Permitting. () Mr. Frank DeMarco at (808) 961 -8042 of the County of Hawaii, Department of Public Works. () Mr. Carolyn Cortez at (808) 270 -7253 of the County of Maui, Department of Planning. () Mr. Stanford Iwamoto at (808) 2414896 of the County of Kauai, Department of Public Works. (} The applicant should include project water demands and infrastructure required to meet water demands. Please note that the implementation of any State- sponsored projects requiring water service from the Honolulu Board of Water Supply system must first obtain water allocation credits from the Engineering Division before it can receive a building permit and/or water meter. () The applicant should provide the water demands and calculations to the Engineering Division so it can be included in the State Water Projects Plan Update. (} Additional Comments: O Other:. - -- Should you have any questions, please call Mr. Dennis Imada of the Planning Branch at 587 -0257. Signed: CARRY SICHASK,, CHIEF ENGINEER 6 t 7� �.� � tic• .�� � ET �T' Palai .Sink Z NE X ZON AH - 1140- Z( FLOOD ZONE DEFINITIONS PROPERTY INFORMATION SPECIAL FLOOD HAZARD AREAS SUILIECT TO INUNDATION BY THE 1 %ANNUAL COUNTY: HAWAII CHANCE FLOOD —The 1% annual chance flood (100-year flood), also known as the base TMK NO: (3) 24- 034045 flood, is the flood that has a 1% chance of being equaled or exceeded in any given year. PARCEL ADDRESS: The Special Flood Hazard is the area subject to flooding by the 1% annual chance flood. Area of Special Flood Hazard Nxiude Zone A, AE, AH, A0, V, and VE. The Base Flood FIRM INDEX DATE: APRIL 02, 2004 Elevation (BFE) is the water - surface elevation of the 1% annual chance flood. Mandatory LETTER OF MAP CHANSE(S): 9M9.703P flood insurance purchase applies in these zones: Zone A: No BFE determined. FEMA FIRM PANEL(S): 15518608900 Zone AE: BFE determined. PANEL EFFECTIVE DATE: SEPTEMBER 16, 1968 ■ Zone AH: Flood depths of 1 to 3 feet (usually areas of pondkgg BFE determined. `—' Zone A0: Flood depths of 1 to 3 feet (usually sheet Dow on sloping terrain); average depths determined. Zone V: Coastal flood zone with velocity hazard (wave action); no BFE determined. PARCEL DATA FROht JUNE 2013 Zone VE. Coastal flood zone with velalty hazard (wave ac0onr SFE determined. IMAGERY DATA FROM: MAY 2105 Zone AEF: Fbodway areas in Zone AE. The floodway is the channel of abeam plus any adjacent floodplain aeas r that must be kept free of encroachment so that IMPORTANT PHONE NUMBERS the 1% annual chance flood can be carried wDhat increasing the BFE, County NFIP Coordinator MON- SPECIAL FLOOD HAZARD AREA —An area In a bw-to•modemle risk flood zone. Courdy, of Haxail No mandatory flood insurance purchase requirements apply, but coverage is available in Frank DeMarco, CFM (808) 96141042 participating communities, State NFIP Coordinator ■ Zone XS (X shaded); Areas of 0.2% annual chance flood; areas of 1 % annual Carol TyatFSeam, P.E.. CFM (808) 587 -0267 chance flood with average depths of less than 1 foot or with drainage areas less Disclaimer The Department of Land and Natural Resources (DLNR) than 1 square mile; and areas protected by levees from 1% annual chance flood assumes no responsibility arising from the use or the information Zone X Areas determined 10 be outside the 0.2% annual ChBnC@ DOOdplBln contained in this report ViewerstUsers are responsible for verifying the accuracy of the information and agree to indemnity the DLNR from any OTHER FLOOD AREAS liability, which may arise from its use Zane D: Unstudied areas where flood hazards are undetermined, but flooding Is If this map has been identified as `PRELIMINARY or 'UNOFFICIAL.. for informationat possible. No mandatory flood Insurance purchase requirements apply, but coverage please note that it is being provided purposes and is not to be used for off- rciahlegal decisions, regulatory compliance. or flood is available in participating communities insurance rating Contact your county NFIP coordinator for flood zone determinations to be used for compliance with local floodolain management regulations October 15, 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 x'L I rvl ibn - Ha"'Vi i District- 3 Historic Preservation FROM: Kevin E. Moore, Acting Land Administrator �. SUBJECT: Change of Zone Application (REZ 14- 000180) Request: Agricultural (A -3a) to Family - Agricultural (FA -Ia) for a 3.001 -Acre Parcel LOCATION: South Hilo, Hawaii; TMK: (3) 2- 4- 034:045 APPLICANT: Melvin and Brenda Morris 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 November 3, 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 me at 587 -0426. Thank you. ( ) We have no objections. ( A,;� We have no comments. ( ) Comments are attached. Signed-.- _ Print name: mod,,, Date: /® ice' CC'. Central Files e o NEW ABERCROMBIE a WILLIAM I AS" M OOVBRNOlOF HAWAII C1IA1111 " OW" O}&AMD AND HAVIUL NOWRM MONISM UN WRIER PANUMM MANAOUMn OrA AW «� N STATE OF HAWAll DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION PW OFFICE BOX 621 L/ ao<> HONOLULU, HAWAII 96809 .t t October 15, 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 x'L I rvl ibn - Ha"'Vi i District- 3 Historic Preservation FROM: Kevin E. Moore, Acting Land Administrator �. SUBJECT: Change of Zone Application (REZ 14- 000180) Request: Agricultural (A -3a) to Family - Agricultural (FA -Ia) for a 3.001 -Acre Parcel LOCATION: South Hilo, Hawaii; TMK: (3) 2- 4- 034:045 APPLICANT: Melvin and Brenda Morris 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 November 3, 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 me at 587 -0426. Thank you. ( ) We have no objections. ( A,;� We have no comments. ( ) Comments are attached. Signed-.- _ Print name: mod,,, Date: /® ice' CC'. Central Files NEIL ABERCROMBIE LINDA ROSEN, M.D., M.P.H. 6 O P H GOVERNOR ' Cosa ,w P r7V`i7 DIRECTOR OF HEALTH NTY OF HA1FfAi1 OCT 30 PM 3' 0 STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721 -0916 MEMORANDUM DATE: October 28, 2014 TO: Duane Kanuha Planning Director, County of Hawaii FROM: Newton Inouye W District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 14- 000180) Applicant: Melvin and Brenda Morris Request: Agricultural (A -3a) to Family - Agricultural (FA-la) for a 3.001 -Acre Parcel Tax Map Key: 2 -4- 034:045 The Department of Health (DOH), Clean Water Branch (CWB), acknowledges receipt of the subject document on October 13, 2014. The CWB has reviewed the limited information contained in the subject document and offers the following comments: 1. The Army Corps of Engineers should be contacted at (808) 438 -9258 for this project. Pursuant to Federal Water Pollution Control Act (commonly known as the "Clean Water Act" (CWA)), Paragraph 401(a)(1), a Section 401 Water Quality Certification (WQC) is required for "[a]ny applicant for Federal license or permit to conduct any activity including, but not limited to, the construction or operation of facilities, which may result in any discharge into the navigable waters...". The term "discharge" is defined in CWA, Subsections 502(16), 502(12), and 502(6); Title 40, Code of Federal Regulations, Section 122.2, and Hawaii Administrative Rules (HAR), Chapter 11 -54. 2. In accordance with HAR, Sections 11 -55 -04 and 11 -55- 34.05, the Director of Health may require the submittal of an individual permit application or a Notice of Intent (NOI) for general permit coverage authorized under the National Pollutant Discharge Elimination System ( NPDES). a. An application for an NPDES individual permit is to be submi a AQ 180 days before the commencement of the respective activitie NPDES application forms may also be picked up at our office r downloaded from our website at: OCT 3 1 20A Planning ept, 095115 Exhibit Duane Kanuha October 28, 2014 Page 2 of 4 httl2: / /www.hawaii. gov/ health /environmental /water /cleanwater /forms /indi v- index.htnil. b. An NOI to be covered by an NPDES general permit is to be submitted at least 30 days before the commencement of the respective activity. A separate NOI is needed for coverage under each NPDES general permit. The NOI forms may be picked up at our office or downloaded from our website at: http: / /www.hawaii. gov/health /environmental /water /cleanwater /forms /genl - index.html. i. Storm water associated with industrial activities, as defined in Title 40, Code of Federal Regulations, Sections 122.26(b)(14)(i) through 122.26(b)(14)(ix) and 122.26(b)(14)(xi). [HAR, Chapter 11 -55, Appendix B] ii. Construction activities, including clearing, grading, and excavation, that result in the disturbance of equal to or greater than one (1) acre of total land area. The total land area includes a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under a larger common plan of development or sale. An NPDES permit is required before the commencement of the construction activities. [HAR, Chapter 11 -55, Appendix C] iii. Discharges of treated effluent from leaking underground storage tank remedial activities. [HAR, Chapter 11 -55, Appendix D] iv. Discharges of once through cooling water less than one (1) million gallons per day. [HAR, Chapter 11 -55, Appendix E] V. Discharges of hydrotesting water. [HAR, Chapter 11 -55, Appendix F] vi. Discharges of construction dewatering effluent. [HAR, Chapter 11 -55, Appendix G] vii. Discharges of treated effluent from petroleum bulk stations and terminals. [HAR, Chapter 11 -55, Appendix H] viii. Discharges of treated effluent from well drilling activities. [HAR, Chapter 11 -55, Appendix I] ix. Discharges of treated effluent from recycled water distribution systems. [HAR, Chapter 11 -55, Appendix J] X. Discharges of storm water from a small municipal separate storm sewer system. [HAR, Chapter 11 -55, Appendix K] Duane Kanuha October 28, 2014 Page 3 of 4 xi. Discharges of circulation water from decorative ponds or tanks. [HAR, Chapter 11 -55, Appendix L] 3. In accordance with HAR, Section 11- 55 -38, the applicant for an NPDES permit is required to either submit.a copy of the new NOI or NPDES permit application to the State Department of Land and Natural Resources, State Historic Preservation Division (SHPD), or demonstrate to the satisfaction of the DOH that the project, activity, or site covered by the NOI or application has been or is being reviewed by SHPD. If applicable, please submit a copy of the request for review by SHPD or SHPD's determination letter for the project. 4. Any discharges related to project construction or operation activities, with or without a Section 401 WQC or NPDES permit coverage, shall comply with the applicable State Water Quality Standards as specified in HAR, Chapter 11 -54. Hawaii Revised Statutes, Subsection 342D -50(a) requires that "[n]o person, including any public body, shall discharge any water pollutants into state waters, or cause or allow any water pollutant to enter state waters except in compliance with this chapter, rules adopted pursuant to this chapter, or a permit or variance issued by the director." If you have any questions, please contact Mr. Alec Wong, Supervisor of the Engineering Section, CWB, at (808) 586 -4309. Construction activities must comply with the provisions of Hawaii Administrative Rules, Chapter 11 -46, "Community Noise Control." 1. The contractor must obtain a noise permit if the noise levels from the construction activities are expected to exceed the allowable levels of the rules. 2. Construction equipment and on -site vehicles requiring an exhaust of gas or air must be equipped with mufflers. 3. The contractor must comply with the requirements pertaining to construction activities as specified in the rules and the conditions issued with the permit. Should there be any questions on this matter, please contact the Department of Health at 933- 0917. We recommend that you review all of the Standard Comments on our website: http: // hawaii .gov /healtIVenvironmental/ env- planningilanduse /landuse.html. Any comments specifically applicable to this project should be adhered to. Duane Kanuha October 28, 2014 Page 4of4 The same website also features a Healthy Community Design Smart Growth Checklist (Checklist) created by Built Environment Working Group (BEWG) of the Hawaii State Department of Health. The BEWG recommends that state and county planning departments, developers, planners, engineers and other interested parties apply the healthy built environment principles in the Checklist whenever they plan or review new developments or redevelopments projects. We also ask you to share this list with others to increase community awareness on healthy community design. WORD:REZ 14- 000180.ni M, William P. Kenoi Mayor October 30, 2014 J X1,9•... . �P 20 PM 4-' 4" (fouu.tp of 'Nabiat"i HAWAI'I FIRE DEPARTMENT 25 Aupuni Street • Room 2501 • Hilo, Hawaii 96720 (808) 932 -2900 • Fax (808) 932 -2928 TO: DUANE KANUHA, PLANNING DIRECTOR FROM: DARREN J. ROSARIO, FIRE CHIEF SUBJECT: CHANGE OF ZONE APPLICATION (REZ 14- 000180) APPLICANT: MELVIN AND BRENDA MORRIS Darren J. Rosario Fire Chief Renwick J. Victorino Deputy Fire Chief REQUEST: AGRICULTURAL (A -3a) TO FAMILY - AGRICULTURAL (FA -la) FORA 3.001 -ACRE PARCEL TAX MAP KEY: 2 -4- 034:045 In regards to the above - mentioned Change of Zone application, the following shall be in accordance: NFPA 1, UNIFORM FIRE CODE, 2006 EDITION Note: NFPA 1, Hawaii State Fire Code with County amendments. County amendments are identified with a preceding "C— " of the reference code. Chapter 18 Fire Department Access and Water Supply 18.1 General. Fire department access and water supplies shall comply with this chapter. a For occupancies of an especially hazardous nature, or where special hazards exist in N addition to the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, or areas where there is an inadequate fire flow, or inadequate fire hydrant m spacing, and the AHJ may require additional safeguards including, but not limited to, . C M additional fire appliance units, more than one type of appliance, or special systems c suitable for the protection of the hazard involved. D X G. W 18.1.1 Plans. 18.1.1.1 Fire Apparatus Access. Plans for fire apparatus access roads shall be submitted to the fire department for review and approval prior to construction. 18.1.1.2 Fire Hydrant Systems. Plans and specifications for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction SCAN 9 Hawai'i Comity is an Equal Opporhniihi Provider and Employer. IN: PVT. BECnF -' a.:}; j NGRA4C+ -I5U, ieKanuha o nANNEr, - ..- .petober 30.2,,U swoRTnXin�', age 2 - i Q PLANP -Gr, a ORAL N'0', , .- C) ORAFUtA N . . o C- 18.1.1.2.1 Fire Hydrant use and Restrictions. No unauthorized person shall use or operate p sECKMAY ; any Fire hydrant unless such person first secures permission or a permit from the owner or P F" representative of the department, or company that owns or governs that water supply or system. b s66 0* Exception: Fire Department personnel conducting firefighting operations, hydrant testing, and /or 13 COCUtAW 0 oar amXnainteriance, and'the flushing and acceptance of hydrants witnessed by Fire Prevention Bureau OwAmm-- °personnel. -•-w — 'rr:TF*ire 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 2private garages, carports, sheds, agricultural buildings, and detached buildings or structures 400ft (37 m2) or less are present, the requirements of 18.2.3.1 through 18.2.3.2.1 shall be permitted to be modified by the AHJ. Duane Kanuha October 30, 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 October 30, 2014 Page 4 18.2.3.4.1.2.2 Vertical clearances shall be increased when vertical clearances or widths are not adequate to accommodate fire apparatus. C— 18.2.3.4.2 Surface. Fire department access roads and bridges shall be designed and maintained to support the imposed loads (25 Tons) of the fire apparatus. Such FDAR and shall be comprised of an all - weather driving surface. 18.2.3.4.3 Turning Radius. C— 18.2.3.4.3.1 Fire department access roads shall have a minimum inside turning radius of 30 feet, and a minimum outside turning radius of 60 feet. 18.2.3.4.3.2 Turns in fire department access road shall maintain the minimum road width. 18.2.3.4.4 Dead Ends. Dead -end fire department access roads in excess of 150 ft (46 m) in length shall be provided with approved provisions for the fire apparatus to turn around. 18.2.3.4.5 Bridges. 18.2.3.4.5.1 When a bridge is required to be used as part of a fire department access road, it shall be constructed and maintained in accordance with county requirements. 18.2.3.4.5.2 The bridge shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. 18.2.3.4.5.3 Vehicle load limits shall be posted at both entrances to bridges where required by the AHJ. 18.2.3.4.6 Grade. C— 18.2.3.4.6.1 The maximum gradient of a Fire department access road shall not exceed 12 percent for unpaved surfaces and 15 percent for paved surfaces. In areas of the FDAR where a Fire apparatus would connect to a Fire hydrant or Fire Department Connection, the maximum gradient of such area(s) shall not exceed 10 percent. 18.2.3.4.6.2* The angle of approach and departure for any means of fire department access road shall not exceed 1 ft drop in 20 ft (0.3 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 Kanuha October 30, 2014 Page 5 18.2.3.4.6.3 Fire department access roads connecting to roadways shall be provided with curb cuts extending at least 2 ft (0.61 m) beyond each edge of the fire lane. 18.2.3.4.7 Traffic Calming Devices. The design and use of traffic calming devices shall be approved the AHJ. 18.2.3.5 Marking of Fire Apparatus Access Road. 18.2.3.5.1 Where required by the AHJ, approved signs or other approved notices shall be provided and maintained to identify fire department access roads or to prohibit the obstruction thereof of both. 18.2.3.5.2 A marked fire apparatus access road shall also be known as a fire lane. 18.2.4* Obstruction and Control of Fire Department Access Road. 18.2.4.1 General. 18.2.4.1.1 The required width of a fire department access road shall not be obstructed in any manner, including by the parking of vehicles. 18.2.4.1.2 Minimum required widths and clearances established under 18.2.3.4 shall be maintained at all times. 18.2.4.1.3* Facilities and structures shall be maintained in a manner that does not impair or impede accessibility for fire department operations. 18.2.4.1.4 Entrances to fire departments access roads that have been closed with gates and barriers in accordance with 18.2.4.2.1 shall not be obstructed by parked vehicles. 18.2.4.2 Closure of Accessways. 18.2.4.2.1 The AHJ shall be authorized to require the installation and maintenance of gates or other approved barricades across roads, trails, or other accessways not including public streets, alleys, or highways. 18.2.4.2.2 Where required, gates and barricades shall be secured in an approved manner. Duane Kanuha October 30, 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 AHJ. For on -site fire hydrant requirements see section 18.3.3. EXCEPTIONS: When facilities or buildings, or portions thereof, are completely protected with an approved automatic fire sprinkler system the provisions of section 18.3.1 may be modified by the AHJ. 2. When water supply requirements cannot be installed due to topography or other conditions, the AHJ may require additional fire protection as specified in section 18.3.2 as amended in the code. 3. When there are not more than two dwellings, or two private garage, carports, sheds and agricultural. Occupancies, the requirements of section 18.3.1 may be modified by AHJ. 18.3.2* Where no adequate or reliable water distribution system exists, approved reservoirs, pressure tanks, elevated tanks, fire department tanker shuttles, or other approved systems capable of providing the required fire flow shall be permitted. 18.3.3* The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on a fire apparatus access road on the site of the premises or both, in accordance with the appropriate county water requirements. 18.3.4 Fire Hydrants and connections to other approved water supplies shall be accessible to the fire department. Duane Kanuha October 30, 2014 Page 7 18.3.5 Private water supply systems shall be tested and maintained in accordance with NFPA 25 or county requirements as determined by the AHJ. 18.3.6 Where required by the AHJ, fire hydrants subject to vehicular damage shall be protected unless located within a public right of way. 18.3.7 The AHJ shall be notified whenever any fire hydrant is placed out of service or returned to service. Owners of private property required to have hydrants shall maintain hydrant records of approval, testing, and maintenance, in accordance with the respective county water requirements. Records shall be made available for review by the AHJ upon request. C— 18.3.8 Minimum water supply for buildings that do not meet the minimum County water standards: Buildings up to 2000 square feet, shall have a minimum of 3,000 gallons of water available for Firefighting. Buildings 2001- 3000 square feet, shall have a minimum of 6,000 gallons of water available for Firefighting. Buildings, 3001- 6000 square feet, shall have a minimum of 12,000 gallons of water available for Firefighting. Buildings, greater than 6000 square feet, shall meet the minimum County water and fire flow requirements. Multiple story buildings shall multiply the square feet by the amount of stories when determining the minimum water supply. Commercial buildings requiring a minimum fire flow of 2000gpm per the Department of Water standards shall double the minimum water supply reserved for firefighting. Fire Department Connections (FDC) to alternative water supplies shall comply with 18.3.8 (1)- (6) of this code. NOTE: In that water catchment systems are being used as a means of water supply for firefighting, such systems shall meet the following requirements: (1) In that a single water tank is used for both domestic and firefighting water, the water for domestic use shall not be capable of being drawn from the water reserved for firefighting; Duane Kanuha October 30, 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 18.3.8: (1) Agricultural buildings, storage sheds, and shade houses with no combustible or equipment storage. (2) Buildings less than 800 square feet in size that meets the minimum Fire Department Access Road requirements. (3) For one and two family dwellings, agricultural buildings, storage sheds, and detached garages 800 to 2000 square feet in size, and meets the minimum Fire Department Access Road requirements, the distance to the Fire Department Connection may be increased to 1000 feet. (4) For one and two family dwellings, agricultural buildings, and storage sheds Duane Kanuha October 30, 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 -2911. 04-1- DARREN J. ROSARIO Fire Chief KV /lc *Jg SidneyFuke, Planning Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 COUNTY •Planning •Variance •Zoning Telephone: (808) 969 -1522 • Cell: (808) 989 -0640 • Subdivision • Land Use Permits E -mail: sidfuke @hawaiiantei.net 24 OCT 29 M 0 Q` • Environmental Reports October 28, 2014 Mr. Duane Kanuha, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Kanuha: Subject: Rezoning Application (REZ 14- 000180) Melvin and Brenda Morris TMK: 2 -4 -034: 045 Thank you for providing me with a copy of agency comments regarding the subject application. In response to these comments, we provide the following: a. The Water Department confirmed that water is available and that the appropriate water laterals and pressure reducing valves to each of the proposed lots must be installed. Further, if needed, the appropriate fire hydrant will be installed. b. The Police Department did not anticipate any significant traffic or public safety issues related to this request. We trust that the above adequately responded to the comments to date. If not or if there are further questions or comments on this matter, please let me know. Thank you very much. mk_'� SIDNEY M. FUKE Planning Consultant Copy — Melvin Morris w/ enclosures via email Planning t,� . Exhibit_ SCANNED ey9HP93 SidneyFuke, Planning Consultant '`ANN1N t ART4!% i COUP; � . Gi �lA'a ill 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 MM!! • Planning • variance • Zoning Telephone: (808) 969 -1522 • Cell: (808) 989 -0640 2M4 My 10 # /d ry • Subdivision • Land Use Permits E -mail: sidfuke @hawaiiantel.net Y • Environmental Reports November 10, 2014 Mr. Duane Kanuha, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Kanuha: Subject: Rezoning Application (REZ 14- 000180) Melvin and Brenda Morris TMK: 2 -4 -034: 045 Thank you for providing me with a copy of additional agency comments regarding the subject application. In response to these comments, we provide the following: a. Relative to the State Department of Health's comments, an individual wastewater system that conforms to the required setback will be installed in conjunction with the construction of a dwelling on the proposed lots. In the event a NPDES permit is required to address drainage issues (which appear unlikely at this point), said permit will be applied for. b. The County Department of Environmental Management had no comments or objections to the request. We trust that the above adequately responded to the comments to date. If not or if there are further questions or comments on this matter, please let me know. Thank you very much. Sincerely, M �'-k SIDNEY M. FUKE Planning Consultant Copy — Melvin Morris w/ enclosure via email N'V 12 Dui; 0 9 5 2 8 ---- SidneyFuke, Planning Consultant 1 °..�[�tt�fl i:� �►-� 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 �. ,� • Planning • Variance • Zoning JP Telephone: (808) 969 -1522 • Cell: (808) 989 -0640 �i a t ' � r �� • Subdivision • Land Use Permits E -mail: sidfuke @hawaiiantel.net • Environmental Reports November 17, 2014 Mr. Duane Kanuha, Director Planning Department COUNTY OF HAWAI' I 101 Pauahi Street Hilo, HI 96720 Dear Mr. Kanuha: Subject: Rezoning Application (REZ 14- 000180) Melvin and Brenda Morris TMK: 2 -4 -034: 045 Thank you for providing me with a copy of additional agency comments regarding the subject application. In response to these comments, we provide the following: a. The State Historic Preservation Division confirmed its belief that no historic properties would be affected by this project due, in large parts, to the previous grading/grubbing activities on the subject site. b. The Land Division of State Department of Land and Natural Resources had no comments or objections to the request. It did confirm that the site's FIRM's Zone "X" classification. We trust that the above adequately responded to the comments to date. If not or if there are further questions or comments on this matter, please let me know. Thank you very much. Sincerely, SID Y FUKE Planning Consultant Copy — Melvin Morris w/ enclosures via email , C6 a7tJ 4" i F i Wonis- REZ14- 180.jwd 11 -20 -14 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION MELVIN AND BRENDA MORRIS CHANGE OF ZONE APPLICATION (REZ 14- 000180) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation for the Change of Zone request from Agricultural 3 -acre (A -3a) to Family Agricultural 1 -acre (FA -la) be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and /or alter this recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicants are requesting a change of zone from an Agricultural 3 -acre (A -3a) zoned district to a Family Agricultural 1 -acre (FA -la) zoned district for 3.001 acres of land in order to subdivide the property into 3 lots, which will be conveyed to the applicants' children. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The change of zone request from A -3a to FA -la will conform to, among others, the General Plan's Land Use element and Land Use Pattern Allocation Guide ( LUPAG) Map. The Land Use- Agriculture element of the plan seeks to protect and maintain important agricultural lands from urban encroachment. The subject property is not classified as important agricultural land. The property is currently used for cattle grazing but is located in an area for residential urban growth. The LUPAG Map, which establishes the basic urban and non -urban form for areas within the County Re: Bill 17 /Comm. 63 -1- designates the subject property as Low Density Urban, which allows for residential uses with an overall density of up to six units per acre, ancillary community and public uses, and neighborhood and convenience -type commercial uses. According to the Zoning Code, the purpose of the Family Agricultural district is to provide for a blend of small -scale agricultural operations associated with residential activities that may be characterized by farm estates, small acreage farms, or subsistence lots in areas where public services and infrastructure are appropriate to support the very low density residential needs of the community and where a substantial number of surrounding parcels are less than five acres in size. Surrounding properties to the south, east and west are zoned A -3a. The adjacent property to the east has be recently rezoned to FA -1 a. Surrounding properties to the north are zoned A -1 a. The area consists of agricultural uses, scattered dwellings and vacant lots. A substantial number of surrounding parcels are less than five acres in size, especially properties to the north of the subject property. A change of zone to the FA district classification would be appropriate in this area and the request is consistent with the General Plan as it will not diminish the potential for future agricultural uses on the property and will remain consistent with the LUPAG designation for this area. All essential utilities and services are available to the site. Access to the property is from Ho`ohoaloha Street, which is a County owned and maintained street that has a 20 -foot wide pavement road with paved shoulders and swales within a 50 -foot right -of -way and in good condition. Two (2) of the proposed lots will access from Ho`ohoaloha Street and one of the lots will access from a 20 -foot wide easement that has a 10 -foot wide pavement. County water is available from an existing 6 -inch waterline fronting the subject property. As there is no municipal sewer system in the area, wastewater will be disposed of through individual wastewater system(s) meeting with the State Department of Health. Solid waste is currently disposed of at an authorized landfill in Hilo. Electrical and telephone services are available to the site. Police services are located about 4 miles away in downtown Hilo and fire services area located within 2 miles of the property on -2- Kawailani Street. Medical services are available in Hilo. To limit the cumulative impact of the proposed subdivision on area infrastructure, a condition of approval will prohibit a second dwelling and condominium property regime on each lot. The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management Area. The subject property is located over four miles from the shoreline and is not in the Special Management Area. Thus, the property will not be affected by coastal hazards and beach erosion. There are no identified recreational resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources on the subject property. In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka'Aina " decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: • Investigation of valued resources: No formal archaeological reconnaissance survey, oral history of kama`aina accounts of the area, historical survey of documentary records, or botanical study was included in the application. • The valued cultural, historical, and natural resources found in the rezoning are The property has been previously bulldozed and cleared, and is currently in residential use. The Department of Land and Natural Resources - Historic Preservation Division issued a "no- effect" letter stating that they believe that no historic properties will be affected by the current application. A condition of the change of zone will require that the applicants cease work and notify the SHPD should any unanticipated archaeological features or sites be uncovered during the course of development. Possible adverse effect or impairment of valued resources: Native plants may be destroyed by ground alteration. There is no evidence that the flora in the area are particularly desired or used for cultural practices. Feasible actions to protect native Hawaiian rights: As stated by the applicants, no gathering is taking place on the site. Thus, to the extent to which traditional and 1:11 customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. Based on the above findings, the approval of the Change of Zone request from an Agricultural (A -3a) to a Family Agricultural (FA -la) zoned district would result in an appropriate land use pattern that will further benefit the public. The accompanying draft bill to amend Section 25 -8 -33 (City of Hilo Zone Map) of Chapter 25, Zoning Code, of the Hawaii County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -4- COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII BILL NO. ( A 4V& ioo) AN ORDINANCE AMENDING SECTION 25 -8 -33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL — THREE ACRES (A -3a) TO FAMILY AGRICULTURAL — ONE ACRE (FA -1a) AT WAIAKEA HOMESTEADS 2ND SERIES, WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2 -4- 034:045. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25 -8 -33, Article 8, Chapter 25 (Zoning Code) of the 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 Homesteads 2ND Series, South Hilo, Hawaii, shall be Family Agricultural — One Acre (FA -1 a): Beginning at the northeast corner of this parcel of land, being also the northwest corner of Lot 5 and on the southerly side of Hoohoaloha Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 20,030.66 feet south and 3,397.87 feet west and thence running by azimuths measured clockwise from true south: 1. 3250 48' 40" 353.19 feet along Lot 5; 2. 830 52' 13" 498.37 feet along Lot A -2; 3. 1750 40' 200.98 feet along Lot 3 -A; 4. 2160 00' 189.21 feet along Lot 3 -A; thence along Lot 3 -A along a curve to the right, having a radius of 80.00 feet, the chord azimuth and distance being: 5. 2400 50' 67.20 feet; 6. 2650 40' 82.69 feet along Lot 3 -A; thence along the Southerly side of Hoohoaloha Street along a curve to the left, having a radius of 45.00 feet, the chord azimuth and distance being: 7. 3080 11' 04" 76.20 feet to the point of beginning and containing an area of 3.002 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: Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (1) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTCHED 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. -2- SECTION 4. This ordinance shall take effect upon its approval. Hilo, Hawaii Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII -3- A -la y1y A -la 010 1 A -10a A -la CN -10 -10 A -10a A -1n A -la A -la A -lo A -la A -la A -la A -la A -la A -la A -la A -la A -la A -to A -la A -la A -la A -in A -la HO'OHOALOHA PL A -la AGRICULTURAL -THREE ACRES 'A -3a)TO A -la A -la FAMILY AGRICULTURAL- ONEACRE(FA -1a) O A -la 3.001 ACRES A -la O A -lo Z O O A-la A -la A -la A 3a A 3a A 3a A 3a A -la : 20,030.66' 5 3,397.67W "HALM° A -3a A -3a FA -la A -3a A -3a A -3a Feet 0 380 780 1,140 1,520 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 - THREE ACRES (A -3a) TO FAMILY AGRICULTURAL - ONE ACRE (FA -1a) AT WAIAKEA HOMESTEADS 2ND SERIES, WAIAKEA, SOUTH HILO, HAWAII MAP PREPARED BY: TMK: (3) 2- 4-034;045 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE: OCTOBER 9, 2014 MIBIT "A" Memn and Brenda Morris Map: 1350 CMo7ris -REZ14 -180 jwd 11 -20 -14 MELVIN AND BRENDA MORRIS CONDITIONS OF APPROVAL CHANGE OF ZONE APPLICATION NO. (REZ 14- 000180) A. The applicants, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicants, successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible uses within the State Land Use Agricultural District. C. The applicants, 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 Hawaii 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. The required water commitment payment for the additional lots shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within one hundred and eighty (180) days from the effective date of this ordinance. F. Final Subdivision Approval of the proposed subdivision development shall be secured within five (5) years from the effective date of this change of zone ordinance. G. No variance from the minimum water and road requirements shall be granted to subdivide the lots. H. Restrictive covenants in the deeds of all proposed lots within the property shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction may be —1— removed by amendment of this ordinance by the County Council. The owner of the property may also, in addition, impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. I. All driveway connections to Ho`ohoaloha Street shall conform to Chapter 22, County Streets, of the Hawaii County Code. J. All development - generated runoff shall be disposed of onsite and shall not be directed toward any adjacent properties. If required, a drainage study shall be prepared and submitted to the Department of Public Works and any required drainage improvements shall be constructed, meeting the approval of the Department of Public Works prior to Final Subdivision Approval. K. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials, be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources - State Historic Preservation Division (DLNR -SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR -SHPD when it finds that sufficient mitigative measures have been taken. L. The applicants 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 newly created 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 $13,312.70 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: —2— 1. $6,419.62 per single family residential unit to the County to support park and recreational improvements and facilities; 2. $309.68 per single family residential unit to the County to support police facilities; 3. $611.66 per single family residential unit to the County to support fire facilities; 4. $267.79 per single family residential unit to the County to support solid waste facilities; and 5. $5,703.94 per single family residential unit to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicants 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. A Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. N. The applicants shall comply with all applicable County, State and Federal laws, rules, regulations and requirements, including the Department of Water Supply. O. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: The non - performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. M11 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). If the applicants should require an additional extension of time, the Planning Department shall submit the applicants' request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation. —4— m 01 STATE LAND USE BOUNDARY MAP A Change of Zone from an Agricultural 3-acre (A -3a} to a Family Agricultural 1 -acre (FA-1 a) zoning district for 135.001 acres of land. • f NOTES: f.A7Jr,U(AT NDTATUNNA1ES ARE REFERRED TO GO/ERNMENT SURFEY 2. THE PO55AREATpN 2.ET ORO55AREA OF RO SUB" iP"'E"TLT 'SR ACRES. THEE 4LNL +MBEROFP OFTHEDLOTS15 THREE(3). 3 ME EES15 3,.AGOFTHESUB AMES,RCEL AND 111E ADJOa1M6 MHE L15TED OV R5 OF THE TURAL AVJ3 ACRE5. f A. RTE l5TE0 OAXM OFRTEOJACEI.T PARCELS HERE TAKEN FRDM 5. THE UVJE TAX PARCEL ;5 LOS. 5.) THE SUBJECT PARCEL .5 LOCATED WTH!N FLOOD ZONE X)�AS !N. i �c 6� nN�t) THE IPM. PM. 0G°DesDC. Re o sgPiEUBER W A I A K E A s A C K E 5 o N 6. TO M1' Y44MLEDOE TFEEREE ARE NO WATER COURSES, AREAS SUBJECT ' EWi-, TCn:'JNDATION OR 5TOR14 WATER OVERFLOW FFFE,T1,40 TH15 PARCEL LOT 15 j LOT 17 0 LOT 16 OPMERS rDSNVA CATTWL S TtlS 4VATNNM O QNiiW 5A1L1.WIBUElllflST O I E/5g1ENT'L9' �{EA9EMEM'20' E1SE11F711 -'18_� �l �1EA5EMENi'I7' OWNERS: MARRK. ME.Y'N CER TEST I _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ E - MM , ORENDA JOTCE TR6T 9+034MANAUP ' MIULW, NI %789 EASEAENT'10' FASEMEM. 'll' I . m„ �6es.� <,a > ate 2196 PAtFJ+t]T 21.98 A LOT 2 A �� F0.NG LOT 5 9 S° 3 8 zDwrPTBDn1 otiyESSOxmuuewaRUS• fMAi«SlER A10TODfMR � � �' r '<wi'221 ^.9J90 69.iT 11E5i I IERHAOW. MJWK LOT 4. E5 1.000 AGRES w Brw:m.BB J/ p t �� TP9<O:B53 es' a LOT 4 -A I LOT „ -A 1.000 ACRE5 ft LOT 4 -C \ Nom ak'A- lE I 1-i 1.001 ACRES B3' 52 1Y �- 18152 B9 5T 13' ,- 306.85 - t to F4 LOT A - 2 � 11�`�P�O a�w:es�mT!suru Tlureure oSMmT=sr ��a'` cz� CHANGE OF ZONE PROP05ED 5U6DIV1510N OF LOT 4 1 WAIAKEA ACRE5 - ACRES II 51-113DIVI510N ,�H- MUgq awns ntrnrmcr usa INTO LOT 4-A, LOT 413 AND LOT 4-C WAIAKEA, 5OLTH HILO,15LAND OF HAWAII, HAWAII -._ w r l[FJL FD IRi�s551dNL SLMFYJ[ SURVEY ANO PLAN BY PAUL H. MURRAY &ASSOCIATES, LLC nr� °� ?' tEe crA Bxwee::l5,res wocasTSUC.�roccFxrerwr_N.ueR: xo P. 0.60X 1189 HILO. HAWAII .1 ' FEZ a'Araxon,EnPRn- 3o.z'TC 1 TMK(3)2- 4-034.MIHOOHOALOHA5TREET DATE: W4-SEP -03 PLANNING DIRECTOR'S RECOMMENDATION