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HomeMy WebLinkAboutCOM 0123.000 2014-2016William P. Kenoi Mayor County of Hawaii Walter K.M. Lau Managing Director Randall M. Kurohara Deputy Managing Director Office of the Mayor 25 Aupuni Street, Suite 2603 • Hilo, Hawaii 96720 • (808) 961-8211 • Fax (808) 961-6553 KONA: 74-5044 Ane Keohokalole Hwy., Bldg. C • Kailua-Kona, Hawaii 96740 (808) 323-4444 • Fax (808) 323-4440 January 26, 2015 t:, t Dru Kanuha, Council Chair and Members of the County Council County of Hawaii, 25 Aupuni Street �7 Hilo, HI 96720 Dear Chairman Kanuha and Members: SUBJECT: Change of Zone Application (REZ 14-000181) Applicant: Robert Hind III and Margaret Hind Request: A -la to RS -20 Tax Map Key: 6-5-011:030 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 Leeward Planning Commission's letter and enclosures regarding the above -referenced request. aSincerly, WILLIAM P. KENOI Mayor Enclosures cc: Planning Department MTransCouncilRhindREZ14-181 �Ci1 II 25 Carnm. No._ )-,3 C_ To: G Ref. Date FEB 0 3 2015 County of Hawaii is an Equal Opportunity Provider and Employer. County of Hawaii LEEWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 • Fax (808) 961-8742 January 26, 2015 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 14-000181) Applicant: Robert Hind III and Margaret Hind Request: A -la to RS -20 Tax Map Key: 6-5-011:030 The Leeward Planning Commission, at its duly held public hearing on January 15, 2015, recommended for your approval the proposed legislative bill for a Change of Zone from an Agricultural -1 acre (A -la) to a Single Family Residential -20,000 square feet (RS -20) zoning district for approximately 35, 414 square feet of land located west of Spencer Road-Hoku`ula Road intersection, Waimea Homesteads, South Kohala, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicants request a change of zone from Agricultural- 1 acres (A -la) to Single -Family Residential- 20,000 square feet (RS -20) for a 35,414 square foot (0.813 acre) portion of a 2.358 -acre parcel in order to create a 2 -lot subdivision. Upon subdivision, the RS -20 zoned lot would be given to the applicant's daughter to build a residence. The remaining 1.546 -acre lot, which contains the applicant's residence, will remain in the A-1 a zoning district. The purpose of the request is to allow the creation of a parcel that will be given to the applicant's daughter. The existing 2.358 -acre parcel can be subdivided under the current zoning into two lots that are a minimum of 1 acre in size. However, the existing residence is situated in the center of the property making it Hawai `i County is an Equal Opportunity Provider and Employer Dru Kanuha, Council Chair and Members of the County Council Page 2 awkward to subdivide the area into two equal size lots. The proposed RS -20 zoned portion of the property is situated in what is currently the backyard of the applicant's residence. The area to be rezoned is currently vacant of any use, although it was used intermittently for grazing purposes in the past. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The Change of Zone Application from an Agricultural (A -la) to Single - Family Residential (RS -20) zoning district will conform to goals, policies and standards of the General Plan, The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non -urban form for areas within the County. The property is designated Low Density Urban, which includes residential uses with overall densities of up to six units per acre, ancillary community and public uses, and neighborhood and convenience -type commercial uses. The maximum number of lots and dwellings that could be developed on the 0.813 -acre portion of the property in the RS -20 zoning district would be 1 lot and 2 dwelling units (1 single-family dwelling and 1 `ohana dwelling per lot). This is well below the maximum residential density of six units per acre allowed within areas designated Low Density Urban in the General Plan. Dru Kanuha, Council Chair and Members of the County Council Page 3 The property is not considered important agricultural land as it is unclassified on the ALISH Map and is in an area of existing urban development according to the Land Study Bureau which determines productivity ratings of agricultural lands. The property is located in close proximity to the Waimea town center in an area that has historically been used for cattle grazing but more recently has transitioned to residential use. Immediately surrounding properties are zoned A -la and consist of lots ranging in size from 1 to 3 acres, which contain residences. Most, if not all, of the lots in the area are not being used for commercial agriculture. Due to its close proximity to the town center and availability of utilities and services it is likely that this neighborhood will continue to transition to smaller lots for residential uses. The proposed change of zone would complement the existing and predominately residential land uses in the surrounding area and is consistent with the General Plan designation for the area. The change of zone is also consistent with the South Kohala Community Development Plan's `Responsible Growth' policy by moderating the pace of growth and change in Waimea. To achieve this policy, the CDP allows for small-scale rezonings of 4 lots or less that may assist families in allowing their children to obtain individual properties. All utilities and services are available to the site. Access to the property is from Spencer Road, which is a County roadway with an existing pavement width of approximately 11 feet, with grass shoulders, within an approximately 40 foot wide right- of-way fronting the property. Spencer Road is substandard based on pavement width. The Department of Public Works recommends that the existing partially paved driveway approach to Spencer Road, which is in poor condition, be reconstructed by the applicants. The Planning Director concurs with this recommendation because this driveway approach is well used, as it currently provides access to three other lots from Spencer Road. County water is available to the site. The applicants will need to install an additional water meter to serve the proposed lot. The proposed lot will utilize an individual wastewater treatment system meeting with the approval of the Department of Health. Solid waste will be disposed of at appropriate sites designated by the Department of Environmental Management. All development -generated storm runoff will be disposed of on site and not allowed onto adjacent properties or roadways. Police, fire, and emergency services are available nearby in Waimea. All essential utilities are available to the project site. Fair share contributions are paid to mitigate or reduce the impacts of newly created lots or residential units on regional infrastructure such as roads, parks, and fire and police services. Currently there is one dwelling on the applicant's 2.358 -acre parcel. Under the current Agricultural — minimum lot size of 1 acre (A-1 a) zoning, this parcel Dru Kanuha, Council Chair and Members of the County Council Page 4 can be subdivided into two lots and a dwelling could be built on the newly created lot. Should the RS -20 (minimum lot size 20,000 sq ft) zoning be approved for a 35,414 sq ft portion of the applicant's larger 2.358 acre parcel, the applicant could still only create one additional lot. The remaining 1.546 -acre portion of the applicant's parcel that will retain A-1 a zoning could not be further subdivided. The applicant's proposed zoning request will not create additional lots beyond what the current zoning allows. Therefore, the Planning Director recommends not including a fair share contribution condition for the proposed rezoning. Based on the above findings, approval of this change of zone request from an Agricultural 1 -acre (A-1 a) to a Single -Family Residential -20,000 square foot (RS -20) zoned district would result in an appropriate land use pattern that will further benefit the general public. The accompanying draft bill to amend Section 25-8-11 (Lalamilo-Pu`ukapu Zone Map), Chapter 25 (Zoning Code) of the Hawaii County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. We are enclosing copies of the staff Background, Planning Director's Recommendation, and the Powerpoint presentation for your information. Sincerely, Brandi K. Beaudet, Chairman Leeward Planning Commission LRhindREZ 14-1811pc 1 Enclosures cc: William L. Moore, William L. Moore Planning, Inc. Robert Hind III and Margaret Hind Department of Public Works Department of Water Supply Department of Land & Natural Resources -HPD William Brilhante, Esq., Corporation Counsel Planning Department - Kona BHindREZ.mjj 12/31/14 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT ROBERT HIND III AND MARGARET HIND CHANGE OF ZONE APPLICATION (REZ 14-181) ROBERT HIND III AND MARGARET HIND have submitted an application for a Change of Zone from an Agricultural -1 acre (A -la) to a Single Family Residential -20,000 square feet (RS - 20) zoning district for approximately 35,414 square feet of land. The property is located west of Spencer Road, approximately 500 feet southwest of the Spencer Road-Hoku`ula Road intersection, Waimea Homesteads, South Kohala, Hawaii, TMK: 6-5-011:030. PROPOSED ACTION 1. Applicant's Request: Change the zoning district from A-1 a to RS -20 for a 35,414 square foot (0.813 acre) portion of a 2.358 -acre parcel in order to create a 2 -lot subdivision. Upon subdivision, the RS -20 zoned lot would be given to the applicant's daughter to build a residence. The remaining 1.546 -acre lot, which contains the applicant's residence, will remain in the A -I a zoning district. According to the Zoning Code, the purpose of the Single -Family Residential district is to provide for low and medium density residential uses in areas having facilities. Requirements for establishing a land use in the RS district, including a list of the variety of pennitted land uses, are shown in Section 25-5-1 to 8 of the Zoning Code. (Planning Department Exhibit I - Zoning Code Requirements for Single -Family Residential Districts) 2. Reason for the Request: The purpose of the request is to allow the creation of a parcel that will be given to the applicant's daughter. The existing 2.358 -acre parcel can be subdivided under the current zoning into two lots that are a minimum of 1 acre in size. However, the existing residence is situated in the center of the property making it awkward to subdivide the area into two equal size lots. The proposed RS -20 zoned portion of the parcel is situated in what is currently the backyard of the applicant's residence. The area to be rezoned is currently vacant of any use, although it was used -1- Re: Bill 25/Comm. 123 intermittently for grazing purposes in the past. (P.D. Exhibit 2 - Change of Zone Application) 3. Landowners: Robert Hind III and Margaret Hind. STATE AND COUNTY PLANS 4. State Land Use Designation: Urban. 5. General Plan LUPAG Map: Low Density Urban. This designation allows residential uses (up to six units per acre), with ancillary community and public uses, and neighborhood and convenience -type commercial uses. 6. County Zoning: Agricultural -minimum lot size of 1 acre (A-1 a). The Agricultural zoning district provides for agricultural and very low density agriculturally -based residential use, encompassing rural areas of good to marginal agricultural and grazing land, forest land, game habitats, and areas where urbanization is not found to be appropriate. 7. South Kohala Community Development Plan (SKCDP): The property is located in close proximity to the Waimea Town Center in an area identified in the SKCDP as existing urban development. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 8. Subject Property: The applicants are requesting to rezone a 0.813 -acre portion of a 2.358 acre parcel. The rezone area is roughly flag -shaped with the flag pole portion extending from Spencer Road. The highest point of the 2.358 acre parcel is along Hokuula Road. There is over a 15 foot drop between Hokuula Road and the applicant's existing residence at which point the property is relatively flat. The applicant's residence, which was built in 1986 with Building Permit No. 851992, is the only structure on the parcel. 9. Surrounding Zoning and Land Uses: Immediately surrounding properties are zoned A -la and consist of lots ranging in size from I to 3 acres, which contain residences. The most recent rezones in the area where in 1985 and 1997. A 2.5 -acre property located about 300 feet to the east of the subject property was rezoned from A -la to RS -10 in 1985 and a 1.6 -acre located about 850 feet west of the subject property was rezoned from A-1 a to RS -15 in 1997. -2- r 10. Agricultural Lands of Importance to the State of Hawaii (ALISH): Unclassified. 11. Land Study Bureau's Detailed Land Classification System: Existing Urban Development. 12. U.S.D.A. Soil Survey: Palapalai silt loam series (PLC); permeability is moderately rapid, runoff is slow and the erosion hazard is slight. Roots can penetrate to a depth of 4 or 5 feet. This soil type is used for pasture. 13. Flood Zone: The property is located in Zone X, an area determined by FEMA to be outside the 500 -year flood plain. 14. Flora/Fauna Resources: No threatened or endangered plant or animal species have been observed on the property due to previous use of the property for cattle grazing and surrounding urban development. Flora on the property consists of lawn areas and a grazing area of kikuyu grass and clover. 15. Archaeological/Historical Resources: A formal archaeological survey was not conducted because the property has been used for cattle grazing by Parker Ranch for over 100 years and more recently for residential purposes by the applicant since 1986. In a letter dated August 5, 2014, the Department of Land and Natural Resources Historic Preservation Division (DLNR-SHPD) determined that no historic properties would be affected by the change of zoning. 16. Cultural or Native Gathering Rights: There is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of any known valued cultural, historical or native resources in the area. 17. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the property. PUBLIC UTILITIES AND SERVICES 18. Access: Access to the property is from Spencer Road, which is a County roadway with an existing pavement width of approximately 11 feet, with grass shoulders, within an approximately 40 foot wide right-of-way fronting the property. Spencer Road is substandard based on pavement width. The Department of Public Works recommends that the existing partially paved driveway approach to Spencer Road, which is in poor condition, be reconstructed by the applicants. -3- 19. Water: County water is available to the property from a 6 -inch waterline within Spencer Road fronting the property. There is a 5/8 -inch water meter that serves the existing dwelling on the parcel, which is limited to an average daily usage of 400 gallons and suitable for only one single-family dwelling. The applicant will need to install an additional water meter to serve the new proposed lot. 20. Wastewater: County sewer service is not available in the area. The applicant will need to install a new individual wastewater system to serve any new dwellings. 21. Solid Waste: The nearest solid waste transfer station is located on the dry side of Waimea Town, near Wai`aka Stream. 22. Essential Utilities and Services: Electricity and telephone services are available to the property. Police, fire and medical services are available in Waimea. AGENCIES' AND ORGANIZATIONS' COMMENTS 23. Department of Public Works: P.D. Exhibit 3 — December 3, 2014 memo 24. Department of Water Supply: P.D. Exhibit 4 — December 18, 2014 letter 25. Fire Department: P.D. Exhibit 5 — December 2, 2014 memo 26. State Department of Health: P.D. Exhibit 6 — November 17, 2014 memo 27. Waimea Community Association: P.D. Exhibit 7 — December 1, 2014 letter AGENCIES - NO COMMENTS/CONCERNS 28. Department of Environmental Management, Police Department. AGENCIES - NO RESPONSE 29. South Kohala Traffic Safety Committee, Real Property Tax Office. PUBLIC COMMENTS 30. None as of the date of this writing. -4- § 25-5-1 HAWAII COUNTY CODE Division 1. RS, Single -Family Residential Districts. Section 25-5-1. Purpose and applicability. The RS (single-family residential) district provides for lower or low and medium density residential use, for urban and suburban family life. It applies to areas having facilities, and to carry out the above stated purpose. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-2. Designation of RS districts. Each RS (single-family residential) district shall be designated on the zoning map by the symbol "RS" followed by a number which specifies the required minimum building site area in thousands of square feet. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-3. Permitted uses. (a) The following uses shall be permitted in the RS district: (1) Adult day care homes. (2) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (3) Community buildings, as permitted under section 25-4-11. (4) Crop production. (5) Dwellings, single-family. (6) Family child care homes. (7) Group living facilities. (8) Home occupations, as permitted under section 25-4-13. (9) Meeting facilities. (10) Model homes, as permitted under section 25-4-8. (11) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. (12) Public uses and structures, as permitted under section 25-4-11. (1.3) Temporary real estate offices, as permitted under section 25-4-8. (14) Utility substations, as permitted under section 25-4-11. (b) In addition to those uses permitted under subsection (a) above, the following uses may be permitted in the RS district, provided that a use permit is issued for each use: (1) Bed and breakfast establishments as permitted under section 25-4-7. (2) Care homes. (3) Churches, temples and synagogues. (4) Crematoriums, funeral homes, funeral services, and mortuaries. (5) Day care centers. (6) Golf courses and related golf course uses, including golf driving ranges, golf maintenance buildings and golf club houses, provided that the property is within the state land use urban or rural district. Golf courses and golf driving ranges shall not be permitted within the state land use agricultural district unless approved by the County before July 1, 2005. (7) Hospitals, sanitariums, old age, convalescent, nursing and rest homes. (8) Major outdoor amusement and recreation facilities. (9) Schools. (10) Telecorrununication antennas and towers. (11) Yacht harbors and boating facilities. § 25-5-3 HAWAII COUNTY CODE (c) Buildings and uses normally considered directly accessory to the uses permitted in this section shall also be permitted in the RS district. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999; Am. 2012, Ord. No. 12-28, sec. 3; Am. 2014, Ord. No. 14-86, sec. 3.) Section 25-5-4. Height limit. The height limit in the RS district shall be thirty-five feet. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-5. Minimum building site area. The minimum building site area in the RS district shall be seven thousand five hundred square feet. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-6. Minimum building site average width. Each building site in the RS district shall have a minimum average width of sixty feet, plus two feet for each five hundred square feet of required building site area in excess of seven thousand five hundred square feet, except that no building site shall be required to have an average width of more than one hundred fifty feet. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-7. Minimum yards. The minimum yards in the RS district shall be as follows: (1) On a building site with a required area of seven thousand five hundred square feet to and including nine thousand nine hundred ninety-nine square feet: (A) Front and rear yards, fifteen feet; and (B) Side yards, eight feet. (2) On a building site with a required area of ten thousand square feet to and including nineteen thousand nine hundred ninety-nine square feet: (A) Front and rear yards, twenty feet; and (B) Side yards, ten feet. (3) On a building site with a required area of twenty thousand square feet or more: (A) Front and rear yards, twenty-five feet; and (B) Side yards, fifteen feet. (1996, Ord. No. 96-160, sec. 2; Am. 1997, Ord. No. 97-88, sec. 1; Ord. No. 96-160, ratified and amended April 6, 1999.) Section 25-5-8. Other regulations. (a) There may be more than one single-family dwelling on each building site in an RS district provided there is not less than the required minimum building site area for each dwelling. (b) One guest house, in addition to a single-family dwelling, may be located on any building site in the RS district. (c) An ohana dwelling may be located on any building site in the RS district, as permitted under article 6, division 3 of this chapter. § 25-5-8 HAWAII COUNTY CODE (d) If a legal building site in the RS district has less area or average width than is required, then the yard requirements for the building site shall be the same as in the RS district having the largest requirements for which the building site can comply. (e) Exceptions to the regulations for the RS district regarding heights, building site areas, building site average widths and yards, may be approved by the director within a planned unit development, or cluster plan development (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) 1 i`i' �t CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Robert Hind III and Margaret Hind APPLICANT'S SIGNATURE: DATE: ADDRESS: PO Box 750 Kamuela, Hawaii 96743 LIST APPLICANT'S INTEREST IF NOT OWNER: N/A LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: N/A PHONE: (Bus.) (808) 936-8102 (Res.) (Fax) LANDOWNER(S): LANDOWNER SIGNATURE(S LANDOWNER(S) ADDRESS: (May be by letter) Kamuela, Hawaii 96743 DATE: REQUEST A -la to RS -20 (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) 6-5-011: 030 STREET ADDRESS OF PROPERTY: 65-1121 Hokuula Road, Kamuela, Hawaii SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 2.358 Acres/0.813 acres to be rezoned AGENT: William L. Moore, William L. Moore Planning, Inc. ADDRESS: 159 Halai Street Hilo, Hawaii 96720 TELEPHONE (Bus.) (808) 987-7336 (Email) wlmoore ,outlook.com Please indicate to whom original correspondence and copies should be sent. ORIGINAL: William L. Moore COPIES: Robert Hind III ATTACHMENT Residential Rezoning PLANNING DEPARTMENT COUNTY 0 F HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? YES If yes, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? 2.358 b. Into what lot sizes? 1.546 and .813 acres C. If your request is approved, approximately how long after the date of approval do you expect to submit the subdivision plans to the Planning Department for preliminary approval? d. Do you intend to build houses on the newly created lots If yes please answer the following questions: on how many of the lots? At what approximate price range House 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. Lots Total 6 months NO N/A N/A N/A N/A N/A Preliminary Plan is included in Application Submittal 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone else 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 NO that has no plans? d. Keep it? No e. Other (please state) f. If you intend to either a, b, or c, please elaborate on the kind of plans the other party has. Please, also, including in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. The Applicant intends to give the rezoned area to their daughter. They will retain the balance of the property which includes their residence. 3. Do you think that your request and your further plans for the land will alleviate the housing situation? YES How? The approval of the change of zone and subsequent subdivision will create an opportunity for the Applicant's daughter to build a house for her family. 4. Are there any buildings on the subject area? YES If so, what kind? The Applicants residence is situated on the portion of the property fronting Hokuula Road. This residence is proposed to be subdivided from the balance of the property which is proposed to be rezoned to the RS -20 zoned district. What do you intend to do with those building if your request is approved? The Applicant will continue to reside in the existing residence. -2 5. Is the subject land currently used for any agricultural activity? NO If so, please list the kinds of products grown on and how many square feet or acres of land per product. 6. To your knowledge, has there been any flooding and/or drainage problems on the subject area? If so, please describe the problem. 7. Do you think the roads leading to the subject areaneed improvement? If so, what kind? M. NO Rue, Is the road adequate for the proposed traffic volume or bad? Adequate While the pavement is narrow, the roads are adequate for the low traffic volume in the area. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools b. Roads c. Sewer d. Drainage e. Police Protection -3 f. Fire Protection X g. Recreational Facilities h. Public Utilities X X i. other R For those areas check "yes", please elaborate what type or kinds of improvements and/or assistance are needed. Signature: Address /�a "7�u.�,_cl� Telephone: Date: TtU�IIST 18��,0�� 6337A/50A -4- PD.5/84 BACKROUND AND COUNTY ENVIRONMENTAL REPORT STATE LAND USE BOUNDARY AMENDMENT (A -1a to RS -20) COUNTY REZONING REQUEST Robert Hind III and Margaret Hind TAX MAP KEY: (3) 6-5-011: 030 Waimea Homesteads, Waimea, South Kohala Hawaii Island August 18, 2014 INTRODUCTION Robert Hind III and Margaret Hind (hereinafter, Applicants), are requesting to rezone a portion of a 2.358 acre parcel from Agricultural 1 -acre (A-1 a) to Single Family Residential — 20,000 square feet (RS -20). The balance of the property not affected by the zoning will remain as A-1 a). The property is located at 65-1121 Hoku'ula Road, Waimea and is identified by TMK: (3) 6-5-011: 030. (See Appendix A.) The property is situated on the southeastern side of Hoku'ula Street, approximately 1,500 northeast of the Hoku'ula Road/Lindsey Road intersection, Waimea Homesteads, Waimea, South Kohala. If approved, the Applicants intend to subdivide the RS -20 zoned portion into an approximately 35,414 square foot (0.813 acre) parcel that will be given to their daughter. The remaining 1.546 acre portion will be retained by the Applicants as their residence. For many years, this property was used for cattle grazing by Parker Ranch. Around 1985, Parker Ranch sold much of these lands for residential uses. The property currently has been improved with a single family residence that is occupied by the Applicants. (See Appendix B for images of the property.) A. SUBJECT REQUEST 1. Details of proposed use/ development: a. Project description: The Applicants are proposing to rezone an approximately 35,414 square foot portion of the property from A-1 a to RS -20. The remaining 1.546 acre portion will remain in the A- la zoned district. Upon completion of the subdivision the RS -20 zoned portion of the property will be given to the applicant's daughter so she can build a house. b. Statement of objectives and reasons for the request. The purpose of the request is to allow the creation of parcel that will be given to the applicant's daughter. The existing parcel can be subdivided under the current zoning into two (2) lots. However, the existing residence is situated in the center of the property snaking if awkward to subdivide the area into two equal size lots. The proposed RS -20 zoned portion of the property is situated in what is currently the backyard of the applicant's residence. This area to be rezoned is currently vacant of any use, although it is used intermittently for grazing purposes in the past. In order to accomplish this, a change of zone is required. As we all know, the cost of land and housing in Hawaii has been increasing and has reach levels that where prices are not affordable to everyone. The approval of this application would greatly assist the applicant's immediate family in securing a place for their daughter to be able to own her home. In lieu of seeking rezoning of the entire property, the Applicant is requesting that their present home site be retained in the A -la zoned district. By seeking a mixed zoning, the proposed request will not increase the number of lots that can be developed on the property based on the existing zoning. It will simply allow a better configuration of the two proposed lots given the location of the Applicant's residence and landscaping. If the entire 2.358 acre area is included in the proposed rezoning to RS -20, a total of five (5) lots could be developed within this area (2.358 acres = 102,714.5 square feet divided by 20,000 square feet per building site would allow a total of 5 lots/houses). In order to maintain the existing character of the area, the Applicant's objectives are as follows: o To change of the zoning for a 35,414 square foot portion of the property from A -la to RS -20 (the remaining 1.546 acre portion will remain in the A-1 a zoned district. o To subdivide the property into two lots to allow conveyance to the Applicant's daughter without increasing the overall density currently allowed under the existing A-1 a zoning. c. Number of acres/square feet: The area of the lot is a total of 2.358 acres. d. Proposed lots: If permitted, the application of subdividing the 2+ acre lot into two (2) lots containing 35,414 square feet and 1.546 acres, respectively. (See Appendix A.) Based on the existing and proposed zoning, no further subdivision of the proposed lots will be allowed based on the requested minimum lot size requirements. e. Time frame & cost The applicant hopes to secure the necessary County rezoning approval as soon as possible and begin the subdivision process immediately thereafter. Tentatively, the Applicants hope to have the land subdivided before the end of 2014/early 2105. The estimated subdivision would be less than $20,000 provided no on-site improvements are required. f. Membership size/number of employees and clientele N/A g. Parking arrangement N/A 2 h. Traffic impacts No existing traffic conditions would interfere with the rezoning or subdivision of the property. The anticipated traffic conditions portray no impact with traffic flow on Hoku'ula Road of Spencer Road. Access to the proposed 35,414 square foot lot would be from an existing "flag" with access to Spencer Road. The access for the existing residence will continue to be from Hoku'ula Road. The applicant has the ability to create two lots under the present A -la zoning. Accordingly, the requested change of zone will not result in any increase in the number of residences than are currently allowed under the existing zoning. i. Other related information N/A included in other sections j. Proposed on-site and offsite infrastructure The project area is already served by existing utilities, including water, electricity, telephone and CATV. It is anticipated that no infrastructure improvements will be required for the proposed action, including subdivision of the project area into two lots. Future development of the residence will require the construction of a driveway, utilities (water lines, electrical connections, CATV, telephone) connections and a septic system. B. CONFROMANCE WITH STATE/ COUNTY PLANS 2. State land use designation The property and surrounding areas are situated with the State Land Use (SLU) Urban district. 3. Coastal Zone Management The property is not contrary to the Coast Zone Management Program as contained in Chapter 205A, Hawaii Revised Statues (HRS). The property is not situated within the County Special Management Area (SMA). It has been previously used for cattle grazing by Parker Ranch and has been used for residential purposes by the Applicants since their home was constructed in 1986. It is not a coastal property and there is no access to either the shoreline or the mountains through it. There is no view of the shoreline from the Property. The proposed land use changes will have no impact to coastal ecosystems as the Property is approximately ten (10) miles inland from the ocean at its closed point. As such, no SMA Use Pen -nit would be required. However, as the entire island falls within the State Coastal Zone Management (CZM) Area, some discussion of the request's relationship to the CZM Program follows. 4. Applicable Goals/Policies and Objectives of the Hawaii County General Plan The proposed rezoning conforms to the following goals, policies, and standards of the General Plan. 3 Flooding and other Natural Hazards Goals o Protect Human Life o Prevent Damage to man-made improvements o Control Pollution o Prevent damage from inundation o Reduce surface water and sediment runoff. Policies (a) Enact restrictive land use and building structure regulations in areas vulnerable to severe damage due to the impact of wave action. Only uses that cannot be located elsewhere due to public necessity and character, such as maritime activities and the necessary public facilities and utilities, shall be allowed in these areas. (b) Review land use policy as it relates to flood plain, high surf, and tsunami hazard areas. (c) Update and improve the Flood Insurance Rate Maps and other flood maps in compliance with the National Flood Insurance Program (NFIP) as needed. (d) Any development within the Federal Emergency Management Agency designated flood plain must be in compliance with Chapter 27. (e) Development -generated runoff shall be disposed of in a manner acceptable to the Department of Public Works and in compliance with all State and Federal laws. (h) The County and the private sector shall be responsible for maintaining and improving existing drainage systems and constructing new drainage facilities. (j) Consider natural hazards in all land use planning and permitting. (k) Discourage intensive development in areas of high volcanic hazard. Discussion: The property is situated within Flood Zone "X", which includes areas that have been determined to be outside of the 500 -year flood plain (Appendix C - FHAT Report). As far as Applicant is aware, flooding has not been an issue in the past. It is not a coastal property and is outside of the SMA. The Property is situated on the boundary between within Volcano Hazard Zones 8 and 9 and therefore has a relatively low risk of inundation by lava flows. Natural Beauty Goals o Protect scenic vistas and view plans from being obstructed. Discussion: The Site is not listed as or proximate to other properties listed as sites of natural beauty. The Project will not interfere with any coastal view planes, as there is no view of the coastline from the property or surrounding properties. Likewise, the Project should not interfere with any views of the Kohala Mountain hills. El Natural Resources and the Shoreline: Goals o Protect and conserve the natural resources from undue exploitation, encroachment and damage. o Protect and promote the prudent use of Hawaii's unique, fragile, and significant environmental and natural resources. o Protect rare or endangered species and habitats native to Hawaii. Discussion: The property is not situated on the coast and the proposed Project will not have any significant impact on shoreline resources. The Site is not likely to be a habitat for any federally or State listed candidate or proposed threatened or endangered plant or animal species due to a history of agricultural and residential use and related disturbance. The proposed district boundary amendment and change of zone will not have a significant effect on natural resources or the shoreline. Land Use Goals o Designate and allocate land uses in appropriate proportions and mix in keeping with the social, cultural, and physical environments of the County. Standards (b) Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State land use district, compatibility with adjacent zoned uses, availability of public services and utilities, access and public need. Land Use—Agriculture Goals o Preserve the agricultural character of the island. Land Use - Residential o To maximize choices of single-family residential lots and/or housing for residents of the County. o To ensure compatible uses within and adjacent to single-family residential zoned areas. o to provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers that take natural beauty into consideration. o To enhance the overall quality of life in our residential communities. E Discussion: The property is consistent with the Land Use Goals, Policies and Standards of the General Plan. The property is surrounding by a mix of residential and agricultural activities. Accordingly the proposed existing agricultural and proposed Single Family Residential zoning will be in keeping with and support the existing character of the surrounding areas. This portion of Waimea is in close proximity to existing commercial areas, parks and community facilities. It will allow the Applicant's daughter to fulfil her goal of home ownership in an area that is general prices out of reach of local families. The land use change applications have been prepared based on a review of the General Plan, district goals, the SKCDP and compatibility with adjacent uses. All public services and utilities are available to the Site. 5. General Plan Designation (LUPAG Map) The property is designated as "Low Density Urban" (LUD) on the current General Plan Land Use Pattern Allocation Guide (LUPAG) map. The LDU designation is intended for residential use with ancillary community and public uses, and neighborhood and convenience -type commercial uses. As such, the proposed project is consistent with the LDU designation. 6. Zoning The County zoning of the subject property is Agricultural I- acre (A -la). (See Appendix F.) 7. Community Development plan The South Kohala Community Development Plan (SKCDP) was adopted in November of 2008, by way of Ordinance No. 08-159. The SKCDP was prepared in order to identify the South Kohala community's priority issues and to develop policies and action programs to address those issues. Primarily, the SKCDP focuses on four area plans for the towns of Waimea, Waikoloa Village, Kawaihae and Puako. The Overall Policies for Land Use in Waimea are: Waimea Policy 1 Preservation of Waimea's Sense of Place. Waimea Policy 2 "Responsible Growth: Waimea Policy 3 Environmental Stewardship Waimea Policy 4 Develop Affordable Housing for Waimea. Waimea Policy 5 Timely Implementation of Needed Circulation and Transportation Improvements. The SKCDP Waimea Town Conceptual Plan (see Appendix E), shows the parcel as being part of the existing residential/urban area within Waimea Town. Discussion These polices are centered primarily on government/community actions and do not apply to the small scale activities such as the rezoning by applicant. In any event, the proposed rezoning is consistent with the Waimea Town Center Conceptual plan which identifies the property as part of the existing Waimea residential area. The property is served by existing infrastructure and is convenient located with respect to existing services and community no facilities. The action is also consistent with the Policy of providing affordable housing by creating an opportunity for the Applicant's daughter to own her own home. 8. Special Management Area The site is not located within the County Special Management Area (SMA). As such, no SMA Use Permit would be required. The Property is over ten (10) miles inland from the ocean. C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA. 9. Description of subject property The property is situated on the southeastern side of Hoku'ula Street, approximately 1,500 northeast of the Hoku'ula Road/Lindsey Road intersection, Waimea Homesteads, Waimea, South Kohala. The property street address is 65-1121 Hoku'ula Road, Waimea and is identified by TMK: (3) 6-5-011: 030. A portion of the property also has access to Spencer Road via an existing "flag". Both Hoku'ula and Spencer Roads are owned/maintained by the County of Hawaii. The topography of the site slopes in a southeasterly direction with the highpoint along Hoku'ula Road. There is over a 15 foot drop between Hoku'ula Road and the applicant's existing residence at which point the property is relatively level. 10. Lava Hazard Zone The United States Geological Survey (USGS) classifies the area as Lava Flow Hazard Zone 8, on a scale of ascending risk 9 to 1 with 9 being the lowest risk. The property is on the boundary between Lava Hazard Zones 8 and 9. 11. Distance from coastline The property is located over ten (10) miles from the coastline. As such, coastal impacts resulting from discharge of waste water systems from the site should not be significant. Further, being a non -coastal property, no coastal access will be affected. 12. ALISH Designation The area is within the State Land Use Urban area and is not included in the Agricultural Lands of Importance to the State of Hawaii (ALISH) designation. 13. U.S.D.A Soil Report The USDA Soil Survey Report identifies soil on this site as "Palapalai Series (PLC). This type of soil is consists of well -drained silt loams that formed in volcanic ash to a depth of about 60 inches. Permeability is moderately rapid, runoff is slow, and the erosion hazard is slight. 14. Land Study Bureau soil rating The Land Study Bureau does not have a rating classification for the property in that it is in the State Land Use "Urban" District. 7 15. Flood Insurance Rate Map. The US Corps of Engineers' Flood Insurance Rate Map (FIRM) designates majority of the property to be located in Zone X, areas outside the 500 -year flood plain and some of the area is located in Zone A (see Appendix Q. The property is outside the Civil Defense Tsunami Evacuation one. 16. Existing drainage ways or improvements There are no known drainage ways affecting the property. The Applicant is not aware of any flooding issues affecting this area. The nearest water course is Waikoloa Stream which at its nearest point is over 700 feet from the property. 17. Air/noise/water quality The proposed project is not expected to have a significant effect on air or water quality, nor is it expected to be a significant noise generator. Wastewater for the future residence will be provided through a private sewer system meeting with the approval and requirements of the State Department of Health. This will either be a cesspool, septic tank or related system. There may, however, be short-term noise impacts associated with the future construction of a residence. 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. As such, with the exception of construction dust in the beginning, long term dust generated by the project should be minimal. Construction dust, however, like construction noise will have to comply with the State Department of Health's regulations. 18. Existing Archaeological, Cultural or Historic Sites on the State or National Register The property has been used for grazing by Parker Ranch for over 100 years and has been used for residential purposes by the Applicant since 1986. As such, the existence of any surface or subsurface archaeological remains is extremely unlikely. A no -effect determination relating to historic properties by the State Historic Preservation Division was issued by letter dated August 4, 2014. A copy of the letter is included in Appendix D. 19. Existing Floral/ Faunal Resources The original botanical resources of the property were removed by cattle grazing and residential development, including landscaping by the Applicants. What is left today are improved lawn areas and a small area used for grazing, consisting of primarily of kikuyu grass and clover. As such, the Applicants do not believe that rare or endangered floral or faunal resources are likely to be found within the property. Given the site's proximity to residential areas, it is unlikely that it would serve as a habitat for any rare or endangered animal life. Given its elevation, however, it may be possible to find the Hawaiian Hawk (Co) and the Hawaiian Owl (Pueo). While there are no large trees that traditional provide habitat for i'o within the portion of the property proposed to be rezoned, subdivided and given to the Applicant's daughter. 20. Scenic or Coastal resources The property is not located on the coast and there is no access to either the mountains or the ocean from or through it. There is no view of the shoreline from the property. The views of the pu'u in the area are blocked from by existing residential development and landscaping. In the Natural Beauty element of the General Plan, there are sites or areas listed as being a scenic resource. The property is not listed as a scenic site. However, there were a few examples cited in the Waimea area. The most notable is the backdrop of Kohala Mountains. The proposed development would not have any visual impacts on the Kohala Mountains as it is situated on the "flat" portions of Waimea. 21. 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 property is not adjacent and/or proximate to the shoreline. As such, gathering of marine life and coastal access is not an issue. The Applicant is not aware of any traditional or customary native Hawaii rights that are exercised in the area. However, as the site has been used for grazing subsequently for residential purposes since 1986, it would appear unlikely that the site would serve such purpose today. In the unlikely event that legitimate gathering claims are made by native Hawaiians, the applicant intends to respect and honor such claims and provide the needed access within the site. Based on the above, it does not appear that the project would have any potential adverse impact relative to the cultural and historical resources of the area. 22. Existing public access There is not existing public access to and along the shoreline or to mountain areas through or proximate to the property. 23. Social Settlement Pattern for the Area Waimea Town is a rural community that has a long and proud history. It is situated on a plateau of the Kohala Mountains. Historically, unlike many other parts of Hawaii, Waimea Town was not affected socially or economically by the rise of large scale plantations and the influx of immigrant labor necessary to support such operations. There were no such plantations in South Kohala. However, Waimea was greatly influenced by the ranching and cattle industries. Parker Ranch was founded in 1847 and has evolved into one of the largest privately owned ranches in the world. Parker Ranch is a major landowner in South Kohala. to Waimea has many historic and cultural resources. Notable native Hawaiian cultural sites include heiau, the Lalamilo Field System and various agricultural, habitation, religious and burial sites. Paniolo sites include the Parker Ranch Race Track and associated buildings as well as other Parker Ranch related sites primarily associated with ranching activities, stables, corrals, former dairy sites, and Anna Ranch. Waimea has a rich agricultural history, which includes ranching, crop production and diversified agriculture. Despite significant growth over the past decade, it has retained its rural character. 24. Economic resources of the area Waimea Town's economic base is rooted in agricultural activities such as ranching and crop production. However, the economic base has been somewhat diversified over the years to include astronomy, education and health care. In addition to agriculture and ranching activities, Waimea Town also supports astronomy. It is home to the Canada -France -Hawaii Telescopes' base facility and the headquarters of the W.M. Keck Observatory. S everal new telescopes have been planned for Mauna Kea. With the existing astronomy base in Waimea, it is possible that these ventures may choose to locate their base facilities in Waimea Town. Waimea Town is home to several schools, including Hawaii Preparatory Academy and Parker School, both of which are private. It also has three separate performing arts centers. The North Hawaii Community Hospital, also located in Waimea, is the County's 14th largest employer. 25. Land values According to the Hawaii County Real Property Tax website, land values of similar sized agriculturally -zoned parcels in the immediate area range from $244,300 to $656700. Residential zoned parcels in the area range in,value from $166,600 to $331,200. 26. Land Use The surrounding areas are used for residential, grazing and commercial uses. The property is situated within one-half mile of the center of Waimea Town which includes commercial areas, schools, hospital, public safety services and various parks and recreational facilities. 27. Zoning of Surrounding lands Properties in the surrounding area are zoned AG -1, RS -10, RS -15, RS -7.5 and Village Commercial (CV). (See Appendix F.) D. PUBLIC FACILITIES AND SERVICE 28. Description of access Access to the property is available from Hoku'ula and Spencer Roads which are owned and maintained by the County of Hawaii. Both of these roads have a 40 -foot wide right-of-way. The Hoku'ula road pavement width is approximately 15 feet along the property's frontage while Spencer Road's pavement width is approximately 12 feet. 10 29. Availability of Water The property is presently served by the County's Department of Water Supply's water system. There is an existing water meter that provides service to the dwelling. An additional water service will be required for the proposed lot. 30. Sewage Disposal There is no municipal sewer service in this portion of Waimea. As such, any new residential construction would be required to install an individual wastewater treatment system meeting with the requirements of the State Department of Health. However, no construction is proposed at this time. 31. Solid Waste The nearest solid waste transfer station is located on the dry side of Waimea Town, near Waiaka Stream. 32. Police and Fire Protection The property is located within the service area of the Waimea Police and Fire Station. These facilities, which are part of the Waimea Civic Center, are approximately 1.25 miles driving distance from the Property. 33. Schools Waimea is service by the Waimea Elementary School and the Waimea Middle Public Conversion Charter School, as well as by Kanu O Ka Aina Public Charter School and Honokaa High School. Private schools include Hawaii Preparatory Academy and Parker School. In that the current zoning allows the creation of a second lot within the property, the proposed zoning will not result in an additional impact. 34. Parks Waimea Park and Anuenue Playground, Waimea's major active recreational areas, are situated less than one-half mile from the property. In addition, the County has been coordinating with Parker Ranch to develop a 20+ acre district park in the vicinity of the Kamuela Race Track. 35. Utilities and Services. All utilities, including electricity, telephone service and cable television are available via overhead lines along Hoku'ula and Spencer Roads. E. ENVIRONEMTAL ASSESSMENT AND ANALYSIS 36. Relationship Between Local Short -Term Uses of Environment and Maintenance and Enhancement of Long -Term Productivity The property has been used for residential purposes since 1986. Under the existing zoning, the Applicant can subdivide the property into two lots. The requested change of zone will therefore not result in any increase in density. It will simply allow a better lot configuration for the second lot. 11 37. Mitigative Measures The Applicant has not identified any significant impacts that the proposed land use changes might have on resources or public services. Should unanticipated archaeological finds be discovered in conjunction with any further development of the site, the Applicant understands that work will stop (as is required by the State and County) and clearance secured before work is resumed. 38. Evaluation of Alternatives Alternatives to the proposed development include the following leaving the property "as -is". Under this alternative, the Applicant would still be able to subdivide the property into two 1 - acre lots. However, the lot configuration would require that a portion of the existing improved backyard area of the existing residence be included in the second lot. 39. Irreversible and Irretrievable Commitment of Resources As noted above, the existing zoning allows the creation of two lots within the property. The proposed rezoning will not result in an increase in the number of lots that can be subdivided. Accordingly, the proposed action will not result in an irreversible or irretrievable commitment of resources. 12 BACKROUND AND COUNTY EN`IIRONTIUENTAL REPORT STATE LAND USE BOUNDARY AMENDMENT (A -1a w RS -20) COU`NTY REZONING REQUEST Robert Hind III and Margaret Hind TAX MAP KEY: (3) 6-5-011: 030 Waimea Homesteads, Waimea, South K-ohala Hawai'i Island August 11, 2014 APPENDIX A Location Map and Proposed Subdivision Layout Robert & Margaret Hind Change of Zone, Application TMK: 6-5-001: 030 (por.) Project Location Map Waimea \ I - c i i r x15--161 Spt v s •� STET TG � v� l J251)9. /. � t. ,Y'..<' 6' 'V (_ (/T\\ GMPAL LOCA AON 91. lg� ..�- Owner/App/;cont Robert L Hind rlt tdorgoret B. Hrad P08o 750 ,4 3. c Ko elo, How i 9674,3 from me Ifke a/ XWA NEW IIIc Phone: 685-64,50 G r - 78-6677 Moma/ohba Highway - Ndaalcv. HP+w 96725 - zoning .4 - la G P _.cE'ISE) PRJIESSIOkA, 111 PLAN SHOWING ! PROPOSED ZONE CHANGE OF L or 3—A: 1 4. 569 563 .. ;uo.. ' , tigwq �sP - BEING POR77aVS OF GRANT 7316 rO A. PERRY AND GRANT 6294 70 J A41&ME AT WA/M£A, SOUTH KOHALA, HAWA# Sc¢'e: 1 inch - 10[7 feel ?or Mop k'ey 5-5-11: J"' Book` 413 Dote. May 26, 2514 ala;r,m rG •ro [•case) Prod rP1 cona Surm.cr L dated- •lune 1Q 2014 'p sola CertiiicPle Nunher 5591 Updated: Ju/} 29, 2014 /h,s Bork ,.ag Pr Paled by ms o unuer my supa+wsian UpdatedOctoter 17, 7014 x15--161 Spt BACKROUND AND COUNTY ENVIRONMENTAL REPORT STATE LAND USE BOUNDARY AMENDMENT (A-Ia to RS -20) COUNTY REZONING REQUEST Robert Hind III and 1\,4argaret Hind TAX MAP KEY: (3) 6-5-011: 030 Waimea Homesteads, Waurea, Sot_th Kohala Hawaii Island August 11, 2014 APPENDIX B Images of Property Robert and Margaret Hind Change of Zone Application TMK: 6-5-011: 030 Project Area �t L1 , t Q 0�1 MiF 10*, y `� BACIT-aOUTNI) AND COUNTY ENVI-RONMEN"FAL REPORT STATE LAND USE BOUNDARY AMENDMENT (A -1a to 1RS-20') COUNTY REZ701,11ING REQUEST Robert Hind III and Margare, Hind TAX MAP KEY: (3) 6-5-011: 030 Waimea I-Tomesteads, Waimea, South 1�ohala Hawai-ilslarid August 11, 2014 APPENDIX C Floo,., Hazard Assessi-ncnt Report t 5 + 2 805 0166D Y v " sy 5 �`, k40 KlJ L A � �'�s U 5ti �, - Vii; • r�Y -�', sr (= r`�1 C f= �i �'4 �5, ,• 3 -At. 4 -' ,.._ fes," � Y,J ? •,+ � yd Y f, RU I'D FLOOD ZONE DEFINITIONS PROPERTY INFORMATION SPECIAL FLOOD HAZARD AREAS SUBJECT TO INUNDATION BY THE I% ANNUAL COUNTY: HAWAII CHANCE FLOOD — The 1% annual chance flood (100 -year flood), also known as the base TW NO: (3) 6-5-011-030 flood, is the flood that has a 1 % chance of being equaled or exceeded in any given year. PARCEL ADDRESS: 65-1121 HOKUULA ROAD The Special Flood Hazard is the area subject to flooding by the 1% annual chance flood KAMUELA, HI 96743 Areas of Special Flood Hazard include Zone A, AE, AH, AO, V, and VE. The Base Flood FIRM INDEX DATE: APRIL 02. 2004 Elevation (BFE) is the water -surface elevation of the 1% annual chance flood. Mandatory LETTER OF MAP CHANGE(S): NONE flood insurance purchase applies in these zones: FEMA FIRM PANEL(S): 1551660168E W. Zone A: No BFE determined. PANEL EFFECTIVE DATE: MAY 16,1994 Zone AE: BFE determined. Zone AH: Flood depths of 1 to 3 feet (usually areas of ponding); BFE determined. Zone A0: Flood depths of 1 to 3 feet (usually sheet flow on sloping terrain); average depths determined. Zone V: Coastal flood zone with velocity hazard (wave action); no BFE determined. PARCEL DATA FROM: JUNE 2013 Zone VE: Coastal flood zone with velocity hazard (wave action); BFE determined. IMAGERY DATA FROM: MAY 2005 Zone AEF: F000dway areas in Zone AE. The floodway is the channel of stream IMPORTANT PHONE NUMBERS plus any adjacent floodplain areas that must be kept free of encroachment so that the 1 % annual chance flood can be carried without increasing the BFE. County NFIP Coordinator NON -SPECIAL FLOOD HAZARD AREA — An area in a low -to -moderate risk flood zone. County of Hawaii FrankDeMarco, CFM (808) 961-8042 No mandatory flood insurance purchase requirements apply, but Coverage is available in State IFIP Coordinator participating communities. Carol Tyau-Beam. PE. CFM (803) 587-0267 Zone XS (X ehaded):.Areas of 0.2% annual chance fond. yeas or 1% annual 4.__. �..... -- kscliaw-jerrn chance flood with average depths of less than 1 foot o w th r rain ya ares lass - department of Land and Natural Resour;,es (DLNR: than 1 square nd eP and arees pro, ec°ed by levees from , `� o'r"..�, lance flood ass+rmr r sp�usttr4ty arrsina from me use of tine u,tor + fra i nnta±r.-d aj rf,is repott Aewvef&Usern are re.sponsrbtre for veof.viog ;he , it ZGne X: Areas detetinined to be :�uiSide 10-ee 0.21/o &i,mi2! Chan �o_�.n�•ci:. i n�c:arac ';r the rr'&0rnie1ian a:3d afire'" to inderortify the G7LNR from,any OTHER FLOOD ,AREAS at drt , watch may arrse trorn its rase. <, anal h,4s fleet tilt nt?tre i as'PREI-MINARv or ,.•r OP:F- r AL Zone D: Unstudied areas a.'-rere fiood hazards are undeteanired bu', floodinis 9 t a4a F t ,-t( it s rte a provided for +nPcrrwiatrona tturt7os possible No mandatory flood insurance purchase requirements apply, but coverage not pc r r d to , tic taA`egjec,'stons regala'toe a cornpt , u , ' >ctrf is available in participating communities, a„ t rrn,, t , act tit t o(,nry NPF coa)rdtna a- ix liono. zo ., t r. lemur qtr %!7 f .- oserl f( ! i�mphaw e waw, ILC 3r londpl sa, Hawaii Flood. Hazard Assessment Tool Zoom In Zoom Out Pan Measure Full View Last View Select Parcel LOM}}C Feport Datasppheet Home 6 d ttt , 0166D t +� $ �rpac t i'ttVL'Fa PRLL r �h � _. •*4�� Y�. ���p`�'r:� {t 17�ilArf!(I Lti. ��':• PRELHOINARY �.^, P=\ Sirer:ltr- Y1 ZONE X�, A'E',. C r 168E f✓ C� ty i N X RIMA 1,3 County: HAWAII TMK: (3) 6-5-011-030 Address: 65-1121 HOKUULA ROAD LOMC: NONE Pa=.iirninary DFIRM Usclairner: If this map teas been Identified as'PFF1-please r, to that it is being frrovii'ed to informational purposes and is no, to be sed liar crlfic,iaUlegal &:cisten �, regulatory compllanre. cu°lc<.d insurance rating. Contact your county NFIP c orc m,Ior for official flood zone deteiminaticn for ronlpfiance vV'th lo.<al Rood )lain m,a"'g; hent rec ulrtions. Fnr Hon ;lulu f i)ui tt piease ,=;ta : youe Ccutity Fic.ors 1la.fi Mario Sri. i_€ at (80, nig 808 tf yoti h:.Ive covirrionts on the Fret mislar;. CFIRMs r !F" i . M..i�i) c te. 11r'i 27a.7 3 r, , :;+. Page l of 1 Imagery J- Parcels LOMCs ` Coastal Transact Lines Topography (Maui ONLY) Tsunami Evacuation Zones Effective DFIRM I FIRM Honolulu County -� Maui County V Hawaii County Kauai County Stream Cross Sections Benchmarks Preliminary DFIRM Honolulu County Maui County `V Haw ,! County Histonc DFIRM I FIRM Honolulu County DFIRM (612105) Maui County DFIRM (9125109) 1 Maui County FIRM (various) Kauai County DFIRM (9116105) Property Search Map Legend Letter of Map Change (LOMC) Elevation Certificate Flood insurance Studies (FIS) Island Number F, -,f idia,. L. t7;nlCy r'!c rs.,,> i rintrr, . Y, I't _ _ Oi Y 000 I- aai h1 ,.;.a _, -i Yl :) ... , i t` "me. it - oil "he. Hi'alit+iii, ;r i Rre:5. Using Tcwlbus Huttons Properly Search I-a�ni'i.•Nai!T`fWl"�51 Pis?2, _.: aVi 8f, ,✓t-;).., ',7 fol r.L':'ir? i-:.",i1-.P""P.1milatien 4)1 t.7ff!(Siik lti'." vVIU f1cc Hcnv to View Proposed F Ond Maps Ct+H(t:r-r T Letter of Map (:henges Elevatinn Cerfificater lt,, ! ® 2014 Hawaii-NFIP All Rights Reserved . Best Viewed, I� 8.0 anu higher, 1021 x 766 screen resolu4on. . Pov,a red by Onyx Group Hawaii �Y ��4i-ir%�rric hatar�sirAtvn nrcr�i'1at� /1 i/!ni41 BACKROUND AND COUNTY ENVIRONMENTAL REPORT STATE LAND USE BOUNDARY AMENDMENT (A-1 a to RS -201 COU' iTY ,REZONING REQUEST Robert Hind III and Margaret Hind TAX MAP KEY: (3), 6-5-011: 030 Waimea Homesteads, Waimea, Sc-uth Izollala Hawai'i Island August 11, 2014 APPENDIX D S�I1}I> No Effect Letter NEIL ABERCROMBIE GOVFRNOR OF HAWAII di � � r �� n August 5, 2014 Robby and Marty Hind PO BOX 750 Kamuela HI, 96743 Dear Mr. and Mrs. Hind, STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES STATE HISTORIC PRESERVATION DIVISION 601 KAMOKILA BOULEVARD, ROOM 555 KAPOLEI, HAWAII 96707 SUBJECT: Chapter 6E-42 Historic Preservation Review — County of Change of Zone Application for Robby and Mary Hind Waimea Ahupua`a, South Kohala District, Island of Hawaii _TMK: (3) 6-5-011:030 WILLIAM J. AILA, JR. f'IIAI WIMION IMARD OF i ANI) ANI) NA I URAL. WS 11IRO S ('OMM(\SRIN ()N WA I IR RI -SMIRK'] : NIANA61 MI NT JESSE K. SOUKI I II(SI DITI IY WILLIAM M. TAM OPI.1 OY OIRI'f [OR . WA IFR AVIIAIK Rl:N(AWI:S IIOA'i IW; AND f I('IAN RF('M A I If)N III IRIAll() ('ONVI:YAWI'S ('OMMISSIONON WAIrRIIISO(IR('i MANAOI'MINI ('ONSI.R VA I ION ANO ('()AS'IAI. I.ANDS CON51'.RVAIION AND RISO(IR('IS I'NFOR('IMI NI I.NGINI LRING I l)RI:STRY AND WII 1)i 111 I'll 111 K114"I:RVA'HON KAH(RR AAI ISI AND RISI:RVI: ('OMMISSION LAND SI'AH PARKS LOG NO: 2014.3338 DOC NO: 1408MVOI Archaeology Thank you for the opportunity to review this change of zone application that was received by our office on July 14, 2014. According to the application, the subject parcel will be rezoned from agriculture (A -la) to residential (RS - 20). The purpose of this zone change is to subdivide the property into two lots .813 acres and 1.546 acres in size for family purposes. A review of our records indicated that there are no known archeological sites within this parcel, and that there has been no archaeological inventory survey completed on this parcel. However, archival aerial photographs indicate that the subject parcel has been previously disturbed by residential development. Therefore, it is unlikely that any historic properties remain intact in the project area and SHPD believes that no historic properties will be affected by the proposed project. However, in the event that historic resources, including human skeletal remains, structural remains, sand deposits, midden deposits, lava tubes, or lava blisters/bubbles are identified during construction activities, 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) 933-7653. Please contact Mike Vitousek at (808) 652-1510 or Michael.Vitouseka.Hawaii.Qov if you have any questions or concerns regarding this letter. Aloha, Michael Vitousek, Lead Archaeologist Hawaii Island Section Historic Preservation Division CC: rhind(a)hawaii rr.com BACKROUND AND COUNTY ENVIRONMENTAL REPORT STATE LAND USE BOUNDARY AMENDMENT (A -la to RS -20) COUNTY REZONING REQUEST Robert Hind III and Margaret Hind TAX MAP KEY: (3) 6-5-011: 030 Waimea Homesteads, Waimea, South Kohala Hawaii Island August 11, 2014 APPENDIX E South Kohala Community Development Plan Waimea Town Conceptual Plan FIGURE 4.4: WAIMEA TOWN CONCEPTUAL PIAN ! , tllYt `� ._. .. r�rrr ' prrrrrPo"i Nrr ro�'i�i ran+— •Guth Kohala CDP °¢a ext Exisa CFKxlltiuM . �yslliadrWrd�dd©evalopNtent o 0,25 os ops Wainiea Town Conceptual Plan Page 65 BACKROUND AND COUNTY ENVIRONMENTAL REPORT STATE LAND USE BOUNDARY AMENDMENT (A -la to RS -20) COUNTY REZONING REQUEST Robert Hind III and Margaret Hind TAX MAP KEY: (3) 6-5-011: 030 Waimea Homesteads, Waimea, South Kohala Hawaii Island August 11, 2014 APPENDIX F Waimea Town Zoning DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII pL V_y j_ pkRTM T HILO, HAWAII PH 2: 5 ' DATE: December 3, 2014 Memorandum TO Duane Kanuha, Planning Director Planning Department FROM Ben Ishii, Division Chief h Engineering Division SUBJECT Change of Zone Application (REZ 14-000181) Applicant: Robert Hind III and Margaret Hind Request: Agricultural -1 Acre (A -1a) to Single Family Residential 20k sq ft. (RS -20) Location: Waimea Homesteads, Waimea, S. Kohala, HI TMK: 3 / 6-5-011:030 We reviewed the subject application and our comments are as follows: All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. 2. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code. 3. The existing partially paved driveway approach to Spencer Road is in poor condition and should be reconstructed. All driveway connections to a County road shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code and County standard details R-37 and R-38. Submittal of plans for the proposed approach to the Disability and Communications Access Board (DCAB) is required under HRS 103-50. The DCAB's Final Document Review Letter shall be submitted with the application for a Permit to Work within the County Right of Way. 4. Spencer Road, fronting the subject property, is a County road. It has an approximate 11 -ft. wide pavement, with grass shoulders, within an approximate 40 -ft. right-of-way. It is substandard based on pavement width. Should there be any questions concerning this matter, please feel free to contact Kiran Emler of our Kona Engineering Division office at 323-4851. KE copy: ENG-HILO/KONA 3 __a9B'733 DEPARTMENT OF WATER SUPPLY 315 KEKUANAO'A STREET. SUITE 20 TELEPi-{ONE (808) 961-8050 December 18, 2014 T0: Mr. Duane Kanuha, Director Planning Department FROM: Quirino Antonio, Jr., Manager—Chief Engineer • COUNTY OF HAWAVI • HILO. HAWAII 96720 FAX (808) 961-8657 SUBJECT: CHANGE OF ZONE APPLICATION (REZ 14-000181) APPLICANT — ROBERT HIND III AND MARGARET HIND REQUEST: A -1A TO RS -20 TAX MAP KEY 6-5-011:030 We have reviewed the subject application and have the following comments and conditions. Water is available from an existing 6 -inch waterline within Spencer Road fronting the subject parcel. The subject parcel is currently served through a 5/8 -inch meter, which is limited to an average daily usage of 400 gallons and suitable for only one single-family dwelling. Pursuant to Rule 5 of the Department's Rules and Regulations, a copy of which is being forwarded to the applicant, a water commitment may be issued. Based on the one (1) additional lot requested in the proposed 2 -lot development, the required water commitment deposit is $150.00. Remittance by the applicant of the $150.00 is requested as soon as possible so that a water commitment may be formally issued. The commitment will be in writing with specific conditions and effective dates stated. Please keep in mind that this letter shall not be construed as a water commitment. In other words, unless a water commitment is officially effected, water availability is subject to change without notice, depending on the water situation. Upon receipt of the water commitment deposit, we will provide our requirements for water service, applicable facilities charges due, and other conditions for final subdivision approval. For your information, final subdivision will be subject to the following conditions: ('onstruct necessary water system improvements, which shall include, but not be limited to: a. installation of a service lateral that will accommodate a 5/8 -inch meter to the additional lot, and 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. Mme( y,�1 c mF��nJ 3 'i' 'tt)IIS `,�esoI ri, c . ..A l 11 i A-,,_ tvw ,SCANNED _._ G 9'2 18, Mr. Duane Kanuha Page 2 December 18, 2014 Submit service lateral installation plans prepared by a professional engineer or licensed surveyor, registered in the State of Hawaii, for review and approval. 2. Remit the prevailing facilities charge, which is subject to change, of $5,500.00. This is due and payable upon completion of the installation of the required water system improvements and prior to final subdivision approval being granted. Should there be any questions, please contact Ryan Quitoriano of our Water Resources and Planning Branch at 961-8070, extension 256. RQ:dfg copy - Mr. Robert Hind III and Ms. Margaret Hind Mr. William L. Moore yours, Antonio, Jr., P.E. r -Chief Engineer of Rule 5) William P. Kenoi Mayor December 2, 2014 4�,�(s:�""•�. PLANNING DEPARTMENT Ha COUNTY 4F NAWAti Darren J. Rosario Fire Chief 2014 W � 5 M Q , O Fenwick J. Victorino h Oi•NP Deputy Fire Chief County of'Wabiat"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 14-000181) APPLICANT: ROBERT HIND III AND MARGARET HIND REQUEST. AGRICULTURAL (A -la) TO SINGLE-FAMILY RESIDENTIAL - 20,000 SQUARE FEET (RS -20) TAX MAP KEY: 6-5-011:030 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. For occupancies of an especially hazardous nature, or where special hazards exist in addition to the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, or areas where there is an inadequate fire flow, or inadequate fire hydrant spacing, and the AHJ may require additional safeguards including, but not limited to, additional fire appliance units, more than one type of appliance, or special systems suitable for the protection of the hazard involved. 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 constrUetion. PWA/ w 5�"7i t 1-lawai'i Coil uty is nn E,pial (Jpprthuiitit Proaider anit Furploger. VDuoKanuha December 2, 2014 Page 2 C— 18.1.1.2.1 Fire Hydrant use and Restrictions. No unauthorized person shall use or operate any Fire hydrant unless such person first secures permission or a permit from the owner or representative of the department, or company that owns or governs that water supply or system. Exception: Fire Department personnel conducting firefighting operations, hydrant testing, and/or maintenance, and the flushing and acceptance of hydrants witnessed by Fire Prevention Bureau personnel. 18.2 Fire Department Access. 18.2.1 Fire department access and fire department access roads shall be provided and maintained in accordance with Section 18.2. 18.2.2* Access to Structures or Areas. 18.2.2.1 Access Box(es). The AHJ shall have the authority to require an access box(es) to be installed in an accessible location where access to or within a structure or area is difficult because of security. 18.2.2.2 Access to Gated Subdivisions or Developments. The AHJ shall have the authority to require fire department access be provided to gated subdivisions or developments through the use of an approved device or system. 18.2.2.3 Access Maintenance. The owner or occupant of a structure or area, with required fire department access as specified in 18.2.2.1 or 18.2.2.2, shall notify the AHJ when the access is modified in a manner that could prevent fire department access. 18.2.3 Fire Department Access Roads. (*may be referred as FDAR) 18.2.3.1 Required Access. 18.2.3.1.1 Approved fire department access roads shall be provided for every facility, building, or portion of a building hereafter constructed or relocated. 18.2.3.1.2 Fire Department access roads shall consist of roadways, fire lanes, parking lots lanes, or a combination thereof. 18.2.3.1.3* When not more than two one- and two-family dwellings or private garages, carports, sheds, agricultural buildings, and detached buildings or structures 400ft (37 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 December 2, 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 December 2, 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 December 2, 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 December 2, 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: 1. When facilities or buildings, or portions thereof, are completely protected with an approved automatic fire sprinkler system the provisions of section 18.3.1 may be modified by the AHJ. 2. When water supply requirements cannot be installed due to topography or other conditions, the AHJ may require additional fire protection as specified in section 18.3.2 as amended in the code. 3. When there are not more than two dwellings, or two private garage, carports, sheds and agricultural. Occupancies, the requirements of section 18.3.1 may be modified by AHJ. 18.3.2* Where no adequate or reliable water distribution system exists, approved reservoirs, pressure tanks, elevated tanks, fire department tanker shuttles, or other approved systems capable of providing the required fire flow shall be permitted. 18.3.3* The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on a fire apparatus access road on the site of the premises or both, in accordance with the appropriate county water requirements. 18.3.4 Fire Hydrants and connections to other approved water supplies shall be accessible to the fire department. KIL Duane Kanuha December 2, 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 detenmining 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 December 2, 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 December 2, 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) 323-4760. DARREN J. ROSARIO Fire Chief KT/lc NEIL ABERCROMBIE GOVERNOR STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 LINDA ROSEN, M.D., M.P.H. DIRECTOR OF HEALTH SUBJECT: Change of Zone Application (REZ 14-000181) Applicant: Robert Hind III and Margaret Hind Request: Agricultural -1 Acre (A-ia) to Single-family Residential -20,000 Square Feet (RS -20) Tax Map Key: 6-5-011:030 We recommend that you review all of the Standard Comments on our website: http•/ihawaii gov/heatth/environniental/env-planning/landuse/landuse.htnil. Any comments specifically applicable to this project should be adhered to. The same website also features a Healthy Community Design Smart Growth Checklist (Checklist) created by Built Environment Working Group (BEWG) of the Hawaii State Department of Health. The BEWG recommends that state and county planning departments, developers, planners, engineers and other interested parties apply the healthy built environment principles in the Checklist whenever they plan or review new developments or redevelopments projects. We also ask you to share this list with others to increase community awareness on healthy community design. WORD; REZ 14-00018 Lni 6 MEMORANDUM -- 5 co <• .7 DATE: November 17, 2014 tv -, TO: Duane Kanuha w Planning Director, County of Hawaii FROM: Newton Inouye -fV District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 14-000181) Applicant: Robert Hind III and Margaret Hind Request: Agricultural -1 Acre (A-ia) to Single-family Residential -20,000 Square Feet (RS -20) Tax Map Key: 6-5-011:030 We recommend that you review all of the Standard Comments on our website: http•/ihawaii gov/heatth/environniental/env-planning/landuse/landuse.htnil. Any comments specifically applicable to this project should be adhered to. The same website also features a Healthy Community Design Smart Growth Checklist (Checklist) created by Built Environment Working Group (BEWG) of the Hawaii State Department of Health. The BEWG recommends that state and county planning departments, developers, planners, engineers and other interested parties apply the healthy built environment principles in the Checklist whenever they plan or review new developments or redevelopments projects. We also ask you to share this list with others to increase community awareness on healthy community design. WORD; REZ 14-00018 Lni 6 WAIMEA COMMUNITY ASSOCIATION P.O. Box 2655, Kamuela, HI 96743 1 December 2014 Duane Kanuha, Director WCA Officers: Hawaii County Planning Department Secretary: Nancy Carr Smith Change of Zone Application( REZ 14-000181) Treasurer: Paul Johnston 101 Pauahi St. Ste. 3 President: Square Feet( RS- 20) Tax Map Key: 6- 5- 011: 030 Sherm Warner Hilo, HI 96720 Vice President The Waimea Community Association's Planning and Design Review Patti Cook SUBJECT: Secretary: Nancy Carr Smith Change of Zone Application( REZ 14-000181) Treasurer: Paul Johnston Applicant: Robert Hind III and Margaret Hind Request: Agricultural- l Acre( A- 1 a) to Single -Family Residential- 20,000 Immediate Past President: Square Feet( RS- 20) Tax Map Key: 6- 5- 011: 030 Bill Sanborn Directors: John Edney Wayne Higaki Riley Smith Direct uha, Planning and Design The Waimea Community Association's Planning and Design Review Review Committee Committee has no objections to the above referenced application. Mike Luce, Chair Billy Bergin Robin Inaba Mahalo for the opportunity to comment, Kurt Kiimt Ethan Tweedie i , aA. (/ Mike Luce, chair Waimea Community Association Planning and Design Review Committee Founded in the early 1960s and initially tailed Waimea-Kawsihae Community Association, WCA is a gressroots community group formed to: • Gather and prssere inrormstion and to fediitate discussion of issues affecting Waimea + To advise community members on tow and where to make their voices heard, individually or colladvely, • Promote open participation from all of The Waimea community for me purpose or recommending potiices and legislation fix careful growth of Waimea, while preserving the valued qualities to the region; Develop leadership witivn the community, and • Initiate, coordinate and support projects to liu#m community devedopmem and harmony: culhral, economic, physical and sp4aua Everyone Is InvlWd to WCA's monthly Town Meetings from 6:116-1 p.m, on first Thursdays, Membership Is not required to attend town meetings but is urged and includes periodic a- nail notices of Important community news, events and issues. RHindRELdoc 12/31/14 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION ROBERT HIND III AND MARGARET HIND CHANGE OF ZONE APPLICATION lREZ 14-1811 Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation of the Change of Zone request be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Planning Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicants request a change of zone from Agricultural- 1 acres (A -la) to Single -Family Residential- 20,000 square feet (RS -20) for a 35,414 square foot (0.813 acre) portion of a 2.358 -acre parcel in order to create a 2 -lot subdivision. Upon subdivision, the RS -20 zoned lot would be given to the applicant's daughter to build a residence. The remaining 1.546 -acre lot, which contains the applicant's residence, will remain in the A-1 a zoning district. The purpose of the request is to allow the creation of a parcel that will be given to the applicant's daughter. The existing 2.358 -acre parcel can be subdivided under the current zoning into two lots that are a minimum of 1 acre in size. However, the existing residence is situated in the center of the property making it awkward to subdivide the area into two equal size lots. The proposed RS -20 zoned portion of the property is situated in what is currently the backyard of the applicant's residence. The area to be rezoned is currently vacant of any use, although it was used intermittently for grazing purposes in the past. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. Re: Bill 25/Comm. 123 The Change of Zone Application from an Agricultural (A -la) to Single - Family Residential (RS -20) zoned district will conform to goals, policies and standards of the General Plan. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non -urban form for areas within the County. The property is designated Low Density Urban, which includes residential uses with overall densities of up to six units per acre, ancillary community and public uses, and neighborhood and convenience -type commercial uses. The maximum number of lots and dwellings that could be developed on the 0.813 -acre portion of the property in the RS -20 zoning district would be 1 lot and 2 dwelling units (1 single-family dwelling and I `ohana dwelling per lot). This is well below the inaximum residential density of six units per acre allowed within areas designated Low Density Urban in the General Plan. The property is not considered important agricultural land as it is unclassified on the ALISH Map and is in an area of existing urban development according to the Land Study Bureau which determines productivity ratings of agricultural lands. The property is located in close proximity to the Waimea town center in an area that has historically been used for cattle grazing but more recently has transitioned to residential use. Immediately surrounding properties are zoned A-1 a and consist of lots ranging in size -2- from 1 to 3 acres, which contain residences. Most, if not all, of the lots in the area are not being used for commercial agriculture. Due to its close proximity to the town center and availability of utilities and services it is likely that this neighborhood will continue to transition to smaller lots for residential uses. The proposed change of zone would complement the existing and predominately residential land uses in the surrounding area and is consistent with the General Plan designation for the area. The change of zone is also consistent with the South Kohala Community Development Plan's `Responsible Growth' policy by moderating the pace of growth and change in Waimea. To achieve this policy, the CDP allows for small-scale rezonings of 4 lots or less that may assist families in allowing their children to obtain individual properties. All utilities and services are available to the site. Access to the property is from Spencer Road, which is a County roadway with an existing pavement width of approximately 11 feet, with grass shoulders, within an approximately 40 foot wide right- of-way fronting the property. Spencer Road is substandard based on pavement width. The Department of Public Works recommends that the existing partially paved driveway approach to Spencer Road, which is in poor condition, be reconstructed by the applicants. The Planning Director concurs with this recommendation because this driveway approach is well used, as it currently provides access to three other lots from Spencer Road. County water is available to the site. The applicants will need to install an additional water meter to serve the proposed lot. The proposed lot will utilize an individual wastewater treatment system meeting with the approval of the Department of Health. Solid waste will be disposed of at appropriate sites designated by the Department of Environmental Management. All development -generated stone runoff will be disposed of on site and not allowed onto adjacent properties or roadways. Police, fire, and emergency services are available nearby in Waimea. All essential utilities are available to the project site. Based on the above findings, approval of this change of zone request from an Agricultural 1 -acre (A -I a) to a Single -Family Residential -20,000 square foot (RS -20) zoned district would result in an appropriate land use pattern that will further benefit the general public. -3- The accompanying draft bill to amend Section 25-8-11 (Lalamilo-Pu`ukapu Zone Map), Chapter 25 (Zoning Code) of the Hawaii County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. in COUNTY OF HAWAII ORDINANCE NO. ( F Iahhtha "Def�)- STATE OF HAWAII BILL NO. AN ORDINANCE AMENDING SECTION 25-8-11 (LALAMILO-PU`UKAPU ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL — ONE ACRE (A-1 a) TO SINGLE FAMILY RESIDENTIAL — 20,000 SQUARE FEET (RS -20) AT WAIMEA HOMESTEADS, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY: 6-5-011:030. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-11, 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 Waimea Homesteads, South Kohala, Hawaii, shall be Single Family Residential — 20,000 Square Feet (RS -20): Beginning at the Northeast corner of this parcel of land, and on the westerly side of Lot 1 of Grant 7832 to A. W. Carter, Trustee the coordinates of which referred to Government Survey Triangulation Station "WAIMEA WEST BASE" being 108.83 feet North and 1749.27 feet West and running by azimuths measured clockwise from true South: 1. 325° 09' 155.39 feet along a portion of Lot 1, along a portion of Grant 7832 to A.W. Carter Trustee, to a pipe found set in concrete; 2. 235° 09' 295.00 feet along a portion of Lot 1, along a portion of Grant 7832 to A.W. Carter Trustee: 3. 3250 09' 18.17 feet along the westerly side of Spencer Road; 4. 550 09' 315.00 feet along a portion of Lot 21-B: 1, along a portion of Grant 6294 to J. Maguire to a pipe found set in concrete; 5. 740 31' 190.80 feet along a portion of Lot 21-B: 1, along the remainder of Grant 6294 to J. Maguire, along the remainder of Grant 7316 to Antone Perry to a pipe found set in concrete; 6. 1450 09' 120.42 feet along a portion of Parcel 28 of Tax Map Key: 6-5-11, along a portion of Grant 6287 to A. Perry Jr.; 7. 2380 03' 200.26 feet along the remainder of Lot 3-A: 1, along the remainder of Grant 7316 to Antone Perry to the point of beginning and containing an area of 0.813 Acre. 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. -2- SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. Hilo, Hawaii Date of Introduction: Date of I st Reading: Date of 2nd Reading: Effective Date: INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII WI Z - RS -10 A -la A -la A -la A -la RS -10 A-laa A -la �Q A -la A -to JSP R5-10 �p(J RS -10 RS -10 A -la RS -10 A -la RS -10 AGRICULTURAL -ONE ACRE (A -1a) TO SINGLE FAMILY RESIDENTIAL- 20,000 SQUARE FEET A -la (RS -20) 108.83' N A-ta __--- 1749.27 W SA . "MWEA WE5T BASE" F� A -la O A -la A -la A -la A -la A -la A -la A -la A -la 0 250 500 750 1,000 AMENDMENT TO THE ZONING CODE. AMENDING SECTION 25-8-11 (LALAMILO-PU`UKAPU ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - ONE ACRE (A-1 a) TO SINGLE FAMILY RESIDENTIAL - 20,000 SQUARE FEET (RS -20) AT WAIMEA HOMESTEADS, SOUTH KOHALA, HAWAII MAP PREPARED BY: TMK: (3) 6-5-011: por. 030 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE: NOVEMBER 3, 2014 EXHIBIT "A" Hind Map: 1352 A -la A -la A-laa A -la A -la A -to �O 0 250 500 750 1,000 AMENDMENT TO THE ZONING CODE. AMENDING SECTION 25-8-11 (LALAMILO-PU`UKAPU ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - ONE ACRE (A-1 a) TO SINGLE FAMILY RESIDENTIAL - 20,000 SQUARE FEET (RS -20) AT WAIMEA HOMESTEADS, SOUTH KOHALA, HAWAII MAP PREPARED BY: TMK: (3) 6-5-011: por. 030 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE: NOVEMBER 3, 2014 EXHIBIT "A" Hind Map: 1352 CHindREZ.doc 12/31/14 ROBERT HIND III AND MARGARET HIND CHANGE OF ZONE APPLICATION (REZ 14-181) CONDITIONS OF APPROVAL A. The applicants, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Final Subdivision Approval of the proposed subdivision shall be secured from the Planning Director within five (5) years from the effective date of this ordinance. C. The required water commitment payment for the additional lot 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. The applicants shall comply with all requirements in the Department of Water Supply, including the construction of all necessary water improvements prior to final subdivision approval. D. Prior to Final Subdivision Approval, the applicants shall reconstruct the driveway approach to Spencer Road. The driveway connection shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code and County standard details R-37 and R-38. E. All development -generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. F. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code. G. The method of sewage disposal shall meet with the requirements of the State Department of Health. H. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources — State Historic Preservation Division (DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. I. 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 (HOPI). 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: 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. -2- Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. K. The applicants shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. L. An initial extension of time for the performance of conditions within the 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. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). 5. If the applicants should require an additional extension of time, the Planning Department shall submit the applicant's request to the Planning Commission and the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation. -3- CHindREZrevisedcond.doc 1/8/15 ROBERT HIND III AND MARGARET HIND CHANGE OF ZONE APPLICATION (REZ 14-181) REVISED RECOMMENDATION AND CONDITIONS OF APPROVAL Fair share contributions are paid to mitigate or reduce the impacts of newly created lots or residential units on regional infrastructure such as roads, parks, and fire and police services. Currently there is one dwelling on the applicant's 2.358 -acre parcel. Under the current Agricultural — minimum lot size of 1 acre (A-1 a) zoning, this parcel can be subdivided into two lots and a dwelling could be built on the newly created lot. Should the RS -20 (minimum lot size 20,000 sq ft) zoning be approved for a 35,414 sq ft portion of the applicant's larger 2.358 acre parcel, the applicant could still only create one additional lot. The remaining 1.546 -acre portion of the applicant's parcel that will retain A-1 a zoning could not be further subdivided. The applicant's proposed zoning request will not create additional lots beyond what the current zoning allows. Therefore, the Planning Director recommends revising the conditions by deleting Condition I related to a fair share contribution and re -letter the remaining conditions. Re: Bill 25/Conan. 123 AWNS - AW1 A tS I K:LU OWN ilk l000�" RTM =-St NF4vPTtl[R-&74_=o'M4P tion map-,,-., �'"'"*St�T.!'La i se District Map AN Aerial View of Property and Surrounding Area icultural- 1 acres (A -1a) to amily Residential- 20,000 square feet (RS- 135,,414 square foot portion of a 2.358 acre t -A -C requesting the change in zoning in order to create a 2 -lot subdivision with one 1.546 - acre lot and one 35,414 square foot lot. The larger lot will retain it's A -la zoning and the smaller lot which will be zoned RS -20 will be given to the applicant's daughter to build a residence. mmikAnn"jranty Proposed subdivision Plan £�pol�- a. w.c�..�.. i. to It VO 325iJ9: 18.17 � '\� (a° �:°�✓' .�,.`.� R� J ,� a� 235109; 211 - k..;4 qo p0 \ \ O� b $tom�i.1a3h ,r9 140�a �' I Q 510 -) dl6 5 N p f 7d•31 n N(p �/y F� [�xn the office of A NEW me (� 78-5877 A/amdohoo H ftwo, Howoro0. Howod 96715 O l ;'vr.. PLAN SHOWING ZONE CHANGE OF LOT 3-A: I S.,RvEY Mi y4kA View of rezone area looking towards Applicant's residence View of flag pole access looking east from junction of neighbors driveway a.nlll S V ffi V;m � e ��. ` r� '� �: v��i ai ������ '� �: .1 Planning Director's Recommendation