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HomeMy WebLinkAboutCOM 0330.000 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 9 Fax (808) 323-4440 May 13, 2015 Dru Kanuha, Council Chair and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Kanuha and Members: SUBJECT: Change of Zone Application (REZ 14-000185) Applicant: Harry and Sandra Freitas Request: Agricultural A -20a to Agricultural A -5a for a 50 -Acre Parcel Tax Map Key: 1-8-005:133 As required by Chapter 7, Sec. 6-7.5 (a), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Windward Planning Commission's letter and enclosures regarding the above -referenced request. Sincerel WILLIAM P. KENOI Mayor Enclosures cc: Planning Department MTransCouncilFreitasREZ14-185 <Siil bob Comm. No. 3 3 O Ref. To: County of Hawaii is an Equal Opportunity Provider and Employer. Ref. Date MAY 18 ,2015 County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawai'i 96720 Phone (808) 961-8288 • Fax (808) 961-8742 MAY 12 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 (REZ 14-000185) Request: Agricultural A -20a to Agricultural A -5a for a 50 -Acre Parcel Applicant: Harry and Sandra Freitas Tax Map Key 1-8-005.133 The Windward Planning Commission, at its duly held public hearing on May 7, 2015, considered the above -referenced request for a Change of Zone from an Agricultural (A -20a) to an Agricultural (A -5a) zoning district for a 50 -acre parcel of land. The properties are located at 18-4233 North Pszyk Road, `Ola`a Reservation Lots, Puna, Hawaii. The Commission found that the concurrency standards codified in Section 25-2-46(m) of the Hawaii County Code 1983 (2005 Edition, as amended ("HCC"), are unfeasible. The current concurrency requirements require properties not serviced by a public water system to provide a private water system that must be constructed in a manner equivalent to the standards of the Department of Water Supply. HCC § 25-2-46(m). Those standards would call for a private water system consisting of two (2) water wells of equal capacity, transmission waterlines, and an off-site 100,000 -gallon concrete reservoir located 100 feet above the highest elevation of the subject property. A rough estimated cost for such a private water system may be up to $2.2 Hawai `i County is an Equal Opportunity Provider and Employer Dru Kanuha, Council Chair and Members of the County Council Page 2 million. There are no exceptions to these private water system standards, but such standards are typically not a feasible alternative for private land owners seeking to rezone their property. The Applicants are proposing to utilize a private catchment water system to support the proposed change of zone and subsequent subdivision into 6 lots, in lieu of a public water system or private water system equivalent to the standards of the Department of Water Supply as required by the County's concurrency standards. The Windward Planning Commission finds that the Applicants' proposal to utilize a private catchment water system could be a sufficient substitute since the subject area receives over 200 inches of rainfall annually and the Applicants have never run out of water during the 12 to 14 years they have resided on the subject property. Additionally, the Commission finds that the requirements of the Department of Water Supply are unfeasible. Water catchment systems can deliver a higher level of water quality than a public water system due to a catchment system's filtration and treatment processes. As part of its unfavorable recommendation, the Windward Planning Commission would like to express to the Hawaii County Council its desire that the Council revisit and redefine the County's concurrency requirements for potable water in support of change of zone requests that would allow owners of agricultural lots, unable to feasibly be serviced by a public water system, to be able to pursue a change of zone for a proposed subdivision that will utilize a water catchment system. As noted, the Commission voted to send an unfavorable recommendation to the County Council, ultimately adopting the Planning Director's reasons for the unfavorable recommendation as follows: The Applicants are requesting a Change of Zone from an Agricultural — 20 acres (A -20a) to an Agricultural — 5 acres (A -5a) zoning district for 50 acres of land to subdivide the property into 6 lots and provide an inheritance and legacy for their children. There is an existing dwelling on the property and the remainder of the property has been used as pasture. Based on the current zoning of A -20a, the Applicants can subdivide the 50 -acre property into 2 lots provided that the requirements of the Subdivision Code can be satisfied. Dru Kanuha, Council Chair and Members of the County Council Page 3 In considering a change of zone initiated by a property owner or other person which proposes to change the zoning district classification of any property, the Planning Director shall consider the purposes of the existing and proposed zoning district and the purposes of the Zoning Code (Chapter 25 of the Hawaii County Code) and shall recommend a change of zone only where it will result in a more appropriate land use pattern that will further the public necessity and convenience and the general welfare, and be consistent with the goals, policies and standards of the General Plan as well as the standards of the Zoning Code. The Zoning Code for the County of Hawaii is the legal instrument that regulates the use of land. The Zoning Code implements the General Plan and is a document dealing with existing conditions and shorter range needs. The Zoning Code is the County's primary land use control. The Zoning Code sets out the various types of zoning districts and uses allowed within each district. Zoning maps, established by ordinance, defines the zoning districts for the island on a parcel -by -parcel basis. A change of zone is the primary method for changing the allowed uses of land. A change of zone must be consistent with the General Plan, including the Land Use Pattern Allocation Guide Map. Beyond consistency with the LUPAG Map, other factors to be taken into consideration, as explained further below, ensures the suitability of the property, its surrounding area and support facilities to accommodate the proposed change of zone action. These include proximity to roads, utilities, and public services, environmental factors such as drainage, slope, and soil types, and other community and public concerns. This unfavorable recommendation is based on several negative factors. One of the negative factors is that the request does not meet the concurrency standards for water as required by the Zoning Code (Chapter 25 of the Hawaii County Code). Discussion regarding the proposal for use of a private water catchment system in lieu of a public water system or private water system equivalent to the requirements of the Department of Water Supply. In 2007, the Hawaii County Council approved Ordinance 07 99, that added a new section to the Zoning Code relating to concurrency conditions. As part of this ordinance, the Council found that it was desirable to have standard expectations for water supply for change of zone actions. Dru Kanuha, Council Chair and Members of the County Council Page 4 As a result, Section 25-2-46(m) (Concurrency) was added to the Zoning Code, which states "A change of zone application shall not be granted unless: (1) the department of water supply has determined that it can meet the water requirements of the project and issue water commitments using its existing system; or (2) specific improvements to the existing public water system, or a private water system equivalent to the requirements of the department of water supply will be provided to meet the water needs of the project and conditions of zoning delay occupancy until the necessary improvements are actually constructed." The Applicants propose to utilize a private catchment water system to support the proposed subdivision, in lieu of a public water system or a private water system equivalent to the requirements of the Department of Water Supply, which clearly does not meet the concurrency requirements of the Zoning Code. The subject property is not connected to the County's public water system. The nearest public water system is approximately 0.8 mile (or approximately 4,300 feet) from the subject property. Extensive water system improvements, which may include source development and transmission facilities, would be needed to bring County water to the subject property. The cost upon the Applicants to improve the existing County water system to provide water to the subject property will not be feasible. Another concurrency option available to the Applicants is to build a private water system equivalent to the requirements of the Department of Water Supply. The Department of Water Supply's Water System Standards for a private water system consists of two (2) wells of equal capacity, transmission waterlines, and an off-site 100,000 -gallon concrete reservoir located 100 feet above the highest elevation of the subject property. Water pumped from the new well(s) will be stored in the off-site reservoir, then gravity -flowed through a transmission system to the individual lots in the event that the two wells become non -operational during events like a power or pump failure. The estimated cost for the private water system improvements may be up to $2.2 million, again not a feasible alternative. Applicants' discussion regarding the provision of water service to the proposed subdivision and concurrency requirements. The Applicants' acknowledge that the County's public water system cannot support the proposed subdivision because it would be unreasonable for them to design, drill and develop private wells and Dru Kanuha, Council Chair and Members of the County Council Page 5 transmission system. They cite adequate rainfall of 180 to 200 inches annually that will provide adequate water to support the proposed subdivision through the use of private water catchment systems. They also note subdivisions in the general area that were approved through the issuance of variances from the requirements of the Subdivision Code, thereby confirming the availability of rainfall as an alternative water source that satisfies the concurrency requirements of the Zoning Code, which is not an accurate claim. The Applicants' arguments fail to realize that these prior subdivisions approved through the issuance of a variance from the minimum water standards of the Subdivision Code were based on existing zoning designations of A -5a. Based on existing zoning, the Subdivision Code and Department Rule provides landowners with an opportunity to seek a variance that would allow an agricultural subdivision of no more than 6 lots within an area with proven rainfall of not less than 60 -inches annually. The existing zoning of A - 20a for the Applicants' 50 -acre property would only allow for a 2 -lot subdivision, which would make them eligible to apply for a variance to allow for the use of a water catchment system to service the 2 -lot subdivision. However, the Applicants' change of zone request is to afford them the opportunity to further increase the number of subdivided lots beyond the 2 lots allowed by their current A -20a zoning. In summary, the Subdivision Code and Department Rule provides water service options based on zoning they currently have, but by asking for the privilege of a higher -density zoning, the County is obligated to ensure that public facilities, such as County water, is available to support the increase in density. This general area in Mountain View consists of lots that have maintained their original zoning since the adoption of the Zoning Code in 1967. As the Applicants' have indicated, variances from the Subdivision Code have been issued to allow the subdivision of lots in an area not serviced by a County water system, but based on existing zoning designations. The only incident of a change of zone that occurred to allow a subdivision without an adequate service off of a County water system is a 4 -lot subdivision located over a mile to the northeast of the subject property along North Kulani Road, which was approved in 1986, pYior to the establishment of concurrency standards in 2007. Lastly, if concurrency requirements were to be deemed satisfied through the use of private water catchment systems, an unwanted precedent would be set that would allow any property owner, CounU-wide, to rezone their property into smaller lots and/or higher densities without the need for adequate support of public water system infrastructure. We say County -wide because it would be a new "standard" that other applicants would expect Dru Kanuha, Council Chair and Members of the County Council Page 6 would be applicable to them. For example, in this area in the general vicinity of Mountain View, there are over 1,000 basically contiguous acres zoned A -20a consisting of 25 to 50 -acre lots that could potentially come in for a similar change of zone if private water catchment systems were allowed to meet minimum water requirements for a change of zone. Also consider that this compromise of the concurrency standards can easily be translated to urban areas as well, subjugating the legislative intent of the County's concurrency requirements to have standard expectations for water supply for new rezomngs. The proposed change of zone from an Agricultural 20 -Acre (A -20a) to an Agricultural 5 -Acre (A -5a) zoning district does not conform to the goals, objectives and actions of the Puna Community Development Plan. Another negative factor supporting this unfavorable recommendation is that the request is not consistent with the goals, objectives and actions of the Puna Community Development Plan. Regional and/or Community Development Plans are intended to implement the broad goals within the General Plan on a regional basis. They serve to designate and coordinate detailed development patterns and infrastructure needs throughout the County. The plans detail land use policies and infrastructure priorities, transportation, recreation and other major land use policies within each area, and must be developed with participation by the affected communities and adopted by ordinance by the County Council. The Puna Community Development Plan was adopted by the Hawaii County Council, Ordinance 08 116, on September 10, 2008 and was amended: November 4, 2010 by Ordinance No. 10-104; June 8, 2011 by Ordinance Nos. 11-51, 11-52, & 11-53; and December 6, 2011 by Ordinance No. 11-117 & 11-118. The Planning Department received a memo from the Puna Community Development Plan Action Committee. The memo stated: "We find the change of zone request to be consistent with the Puna Community Plan Section 3.2 on Agriculture and Economic Development. • Many areas formerly in sugar cane production and highly suitable for diversified crops are not available for small farming operations. Dru Kanuha, Council Chair and Members of the County Council Page 7 With a minimum lot size of five (5) acres considered a threshold between agriculture (A) zoning and family agriculture (FA) zoning (Hawai`i County Code, Section 25-5-60), we believe that the proposed change of zone and (6) lot family subdivision will enhance the agricultural use of the acreage for family related agriculture purposes. This further provides economic opportunity for Upper Puna through the possibility of commercial agriculture activity." The Planning Department has reviewed the overall direction and intent of the Puna Community Development Plan, and has determined that a clear direction of the plan is to discourage further subdivision of larger agricultural lots through the variance process, and to consider down -zoning of smaller ag lots, and to reduce the overall buildable lots in the Puna District. This appears to be contrary to the information provided by the Puna Community Development Plan Action Committee. The goals, objectives and actions for the Managing Growth and the Agriculture and Economic Growth sections of the Puna Community Development Plan calls for the management of growth and for the preservation of agriculture through the following listed Goals, Objectives and Actions of the Plan: Puna CDP - Managing Growth The Puna Community Development Plan seeks to manage growth by: encouraging a more efficient, environmentally sustainable land use pattern; reducing the number of and rearranging previously -approved subdivision lots; requesting the County to change the zoning of lots now inappropriately zoned for present and future use and growth; promoting agricultural use and other "green" employment in the district; promoting the use of renewable energy; improving the delivery of social services and housing assistance; and providing the necessary public services, parks and recreation opportunities in a manner that supports community -building and an improved quality of life. The principal tools to reshape future land use in Puna include: (1) land pooling to form village centers and grow town centers while preventing sprawl development; (2) adjustments to County and State tax codes to discourage land speculation and provide tax relief for long-time homeowners and renters and to provide an incentive for removing development rights from property; (3) district -wide rezoning and tighter restrictions on Dru Kanuha, Council Chair and Members of the County Council Page 8 variances from subdivision standards to discourage further subdivision of properties that are not within designated village/town centers; and (4) amendments to the County zoning code to discourage excessive lot clearance and speculative building practices. Goals Reduced overall number of buildable lots in Puna. Objectives • Where possible, reduce density and build -out within the district by various means including selective rezoning. Actions • Propose amendments to the zoning code and/or apply district -wide rezoning to limit allowable building footprint on residential and agricultural -zoned lands, except for sites designated as village/town centers or for land pooling projects. Puna CDP - Agriculture and Economic Growth Despite an abundance of vacant lots within the Puna District, agricultural lands continue to be further subdivided, primarily through a variance process afforded through the Subdivision Code that provides relief from the water requirements (§23-84) and County -standard roads. Allowing a proliferation of such subdivisions further increases the vacant lot inventory, especially in areas not adequately serviced by County infrastructural facilities. Goals Lands for agricultural use are preserved. Objectives • Discourage urban growth and further subdivision on lands that have been identified as having potential value for agricultural use through appropriate zoning re -designations and new code provisions. Actions Recommend limiting variances that allow subdivisions that rely on water catchment or roads that do not meet subdivision road standards to a maximum of six lots, unless the subdivision results in lots averaging at least twenty acres in Dru Kanuha, Council Chair and Members of the County Council Page 9 size or averaging at least four times the minimum lot size allowed by zoning, up to an absolute limit of twenty lots. Where lots were created by previous water catchment and/or road variances, and the variance provided that further variances should not be allowed, enforce those provisions by denying further variances on such lots. • Consider down -rezoning of lands in Agricultural zoning districts to discourage further subdivision into small lots. Based on the above discussion, the proposed request is request is not consistent with the goals, objectives and actions of the Puna Community Development Plan, contrary to the recommendations of the Puna CDP Action Committee. The proposed Change of Zone from an Agricultural -20 acres (A -20a) to an Agricultural -5 acres (A -5a) zoning district does not conform to, among others, the following goals and policies of the Land Use and Land Use -Agriculture General Plan Elements. Lastly, the request is not consistent with the goals and policies of the Land Use and Land Use -Agriculture General Plan Elements, mainly because it does not have adequate water utilities to approve this change of zone request. The General Plan is the 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 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 located in an area identified as Important Agricultural Lands on the General Plan LUPAG Map. Important Agricultural Lands are those lands with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors. Dru Kanuha, Council Chair and Members of the County Council Page 10 The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The proposed request does not meet the following goals and policies of the Land Use and Land Use -Agriculture Elements of the General Plan: • 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. Zone urban- types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. Important agricultural lands shall not be rezoned to parcels too small to support economically viable farming units. As discussed above, the proposed request does not meet the minimum concurrency minimum concurrency standards for water for this new rezoning request and therefore, does not have adequate utilities to provide for the increase in density. The subject property is situated in an area identified as Important Agricultural Lands on the General Plan LUPAG Map, for which the General Plan discourages the rezoning of these lands to smaller agricultural lots that would make it more difficult to support viable agricultural farming on the smaller lots. Finally, of note is that Psyzk Road is a substandard County -maintained road, having a right of way of only 30 feet. Minimum standards for roadways within agricultural areas is a minimum 50 -foot wide right-of-way with 20 feet of agricultural - standard pavement. Further change of zone actions could lead to increased lot counts along a substandard road, which would create a burden upon the County to widen and improve this substandard road to accommodate the increase in traffic generated by a smaller -lot land use pattern that would be established in this particular area. As required by the County Council, the draft bill amending Section 25-8-22 (Puna District Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code are attached. Please note that due to the unfavorable recommendation, there are no conditions attached to the draft bill. Dru Kanuha, Council Chair and Members of the County Council Page 11 We have also enclosed copies of the Background Report, Planning Director's Recommendation, Powerpoint presentation and the transcripts of the hearings held April 12, 2015 and May 7, 2015, for your information. Sincerely, Myles iyasato, Chai an Wind and Planning Commission LFreitasREZ 14-185 wpc2 Enclosures cc: Harry and Sandra Freitas Ted H. S. Hong Esq. Department of Public Works Department of Water Supply William Brilhante, Esq., Corporation Counsel BFreitasREZ 14-185.jwd-03/25/15 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT HARRY AND SANDRA FREITAS CHANGE OF ZONE APPLICATION (REZ 14-000185) HARRY AND SANDRA FREITAS have submitted an application for a Change of Zone from an Agricultural — 20 acres (A -20a) to an Agricultural — 5 acres (A -5a) zoning district for 50 acres of land. The property is located at 18-4233 North Pszyk Road, Olaa Reservation Lots, Puna, Hawaii, TMK: 1-8-005:133. PROPOSED ACTION 1. Request: The applicants are requesting a Change of Zone from an Agricultural — 20 acres (A -20a) to an Agricultural — 5 acres (A -5a) zoning district for 50 acres of land to subdivide the property into 6 lots and provide an inheritance and legacy for their children. (Planning Department Exhibit 1 - Change of Zone application) 2. Landowners: The applicants are the landowners of the property. STATE AND COUNTY PLANS 3. State Land Use Designation: Agricultural. 4. GP LUPAG Map: Important Agricultural Lands (ial). 5. County Zoning: A -20a. 6. Puna Community Development Plan (PCDP): The PCDP was adopted by the Hawaii County Council, Ordinance 08 116, on September 10, 2008. The project site is situated outside of the preliminary boundaries of the Mountain View Community Village Center. 7. Special Management Area: The Special Management Area is a part of the Coastal Zone Management Program and regulated by the County. The property is not located within the Special Management Area. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 8. Subject Property: The subject property is 50 acres in size and is relatively square in shape. There is an existing dwelling on the property and the remainder of the property has been used as pasture. 9. Surrounding Zoning/Land Uses: Surrounding properties to the northeast, east, south, southwest and west are similarly zoned A -20a (refer Applicant's Exhibit E). Surrounding Attachment to: Bill 60 (Comm. 330) properties to the north and northwest are zoned A -5a. These surrounding lands consist of larger agricultural lots (5 to 50 -acre lots) with scattered dwellings, agricultural uses, cattle grazing and vacant land. The nearest similar Change of Zone is located approximately one mile to the east on North Kulani Road. Ordinance No. 86-26 (REZ 520) was approved on March 24, 1986 by the Hawaii County Council, which changed the district classification from A -20a to A -10a for 49.66 acres of land. The property was connected to County water but was limited to one 5/8 -inch meter for the property. 10. ALISH: Mainly unclassified along with "Other Important Agricultural Land". 11. Land Study Bureau's Detailed Land Classification System: Mainly "D" or "Poor" soils with a small portion of "C" or "Good" soils. 12. FEMA: Zone "X", areas determined to be outside the 500 -year flood plain. 13. Flora/Fauna Resources: No formal flora/fauna study was submitted with the application. According to the applicants, the property is predominantly pasture lands with various types of grasses. The property does not have any flora resources. Additionally, various common birds are seen on the property but none of these birds are listed or candidates as threatened or endangered species. 14. Archaeological Resources: No archaeological survey was submitted with the application. The Department of Land and Natural Resources -State Historic Preservation Division (DLNR-SHPD) issued a "no -effect" letter dated on February 26, 2015 stating the no historic properties will be affected by the approval of this change in zoning. 15. Cultural or Native Gathering Rights: No traditional and customary Native Hawaiian rights have been identified on the site. 16. Public Access: There is no public access to the mountains or the shoreline that runs through the property. PUBLIC UTILITIES AND SERVICES 17. Access: The applicants have a 45 -foot wide access and utility easement from Psyzk Road, which runs through the adjoining parcel to the northeast (Parcel 128), which will be increased to 50 -feet if the change of zone is approved. According to the application, access is also from North Kopua Road, which is an unpaved plantation style road (paper road). According to the Department of Public Works, Psyzk Road is a County -2- maintained street with an existing right-of-way of 30 feet. Agricultural -standard roads require a right-of-way width of 50 feet with 20 feet of agricultural -standard pavement. 18. Water: The property is not within the service limits of the Department of Water Supply's existing water system. The applicants are proposing to utilize privately owned catchment systems to support the water needs of the proposed 6 -lot subdivision. 19. Wastewater: The applicants are proposing to utilize septic systems. 20. Solid Waste: Solid waste will be disposed at the Glenwood and/or Kea`au transfer stations. 21. Essential Utilities: Electricity and telephone are available to the property. AGENCIES' COMMENTS 22. Department of Public Works: (Planning Department Exhibit 2 — January 28, 2015 Memo) 23. Department of Water Supply: (Planning Department Exhibit 3 — February 12, 2015 Memo) 24. Department of Environmental Management: (Planning Department Exhibit 4 — January 5, 2015 Memos) 25. Police Department: (Planning Department Exhibit 5 — January 7, 2015 Memo) 26. Fire Department: (Planning Department Exhibit 6 — January 12, 2015 Memo) 27. DLNR-Land Division: (Planning Department Exhibit 7 —January 28, 2015 Letter) 28. DLNR-State Historic Preservation Division: (Planning Department Exhibit 8 — February 26, 2015 Letter) 29. Department of Health: (Planning Department Exhibit 9 — January 26, 2015 Memo) 30. Puna Community Development Plan Action Committee: (Planning Department Exhibit 10 — January 13, 2015 Memo) AGENCIES AND ORGANIZATIONS - NO RESPONSES 31. Department of Public Works -Building Division, Office of Planning, Department of Agriculture and HELCO. APPLICANTS' RESPONSES TO AGENCIES' COMMENTS 32. The applicants submitted several response letters to agency comments: (Planning Department Exhibit 11— Letters dated January 14, 2015 and February 3, 2015) -3- PUBLIC COMMENTS 33. As of the date of this writing, the Planning Department has not received any comments or objections from the general public or adjacent landowners on the subject request. -4- APPLICATION FOR CHANGE OF ZONE a5 APPLICANTS: HARRY AND SANDRA FREITAS A -20a to A -5a Tax Map Key: (3)1-8-005:133 Planning Dept. Exhibit -j CHANGE OF ZONE APPLICATION APPLIC APPLICANT'S SIGNA ADDRESS: c\ c� �-c cl_ COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE :(Bus.) �`a'a �"N (Res.) LANDON'VNER(S) : LANDOWNER SIGNATURE(S): (Mnv be bv letter) LANDOWNER(S) ADDRESS: (Fax ATE: DATE: REQUEST: -a– TO-`--- `Existin zoning) (Proposed Zoning) TAX MAP KEY t 3l "� ': \3---� STREET ADDRESS OF PROPERTY: SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED:—a AGENT��`��T. ADDRESS TELEPHONE:(Bus.) ��� ���� (Res. (Fax) Please indicate to whom original correspondence and copies should be sent. t N t ORIGINAL_COPIES. � County of Hawaii Planning Department 101 Pauahi St., Suite 3 Hilo, HI 96720 October 17, 2012 Re: Change of Zone for (3) 1-8-005: 133 To Whom It May Concern: Harry and Sandra Freitas have retained the services of The Law Office of Ted Hong to act on their behalf for an application for a Change of Zone. Any and all questions regarding the application may be forwarded to them. I have authorized its agents to act on my behalf concerning any inquiries that may arise. Law Office of Ted Hong PO Box 4217 Hilo, HI 96721 (808)933-1911 Sincerely, arr Frei Y i Sandra Freitas ATTACHM EN T Agriculh m1Rezonng PLANNING DEPARTMENT COUNTY OF HAW All APPLrATIDN FOR CHANGE OF ZONE If yourrequestis approved, do you intend tD subdivbe the subj land in accoitance with the approved change of zone? IfyeL,L-base answerthe mstofquestbn 1 and then tD question 3. a. H ow m any acres of tie requested area do you intend to subdivide? t,. hits whatbtsizes? • Va- ' Ifyourrequestis approved, appmX_m ately how bng a$erthe date ofappmvaldo you expecttD subm ityoursubdirisbn plans tD the P lannhq D eparftn entfDrprelin Bary appmval? D o you intend tD build houses on the new ly created bts?�- Ifyes, base answerthe fDlbwing questbns: 0 n how m any of those bts? Atw hatappm x:m ate pr>✓e range? H ouse Lot Total AppmX.in ately how long, afferappmvalof the subdivisbn, r� would the fmthouse be avaiable foroccupancy? If you .intend tD subdivide, please subm ita pm1ti nary schem atic subdirlsbn plan tDgetherwith yourchange of zone applcatiDn fDun . — Ifyou have no firm plans of subdividing the subj�ctarea, do you intend tD: a. Sellorbase the land tD som eone who has fun plans? h. S ellorbase the land tD someone who has tentative phns? Sellorbase the hnd tD someone who has no plans? _ j. Keep jt2 \ c1 C Cher abase state) P. 5B4 0 If you mend to do eithera, b, c,pbase elaborate on the kind ofplans the otherparty has. P base, abo , incbde in your answerapprro)�h ately how soon aferapprovalofyourmzonilg do you e_pectto tzansferthe subj�ctland to anotherparty. ?. Do you think that your requestand yourfrutherpbns forthe bnd willalbvhte the bcalhoushg sihrat hn? How? Are there anybu-�Jirgs on the subj�ctarea? If so, whatkird? W hatdo you intend to approved? `AAJ-- those burdhgs ifyourmquestis Is the subj�-cthnd curmn be' g used forany agijzuluralactar±y? If so, please listthe kinds ofpmducts grown and on how m any square feetoracres ofhnd perpmduct. �✓,.� cam._ � � 6, W as your mquzt albw forthe creation ofsm albragriculural bts? If so, did yourplan irchde the folbwing consrtemtbns? a. C om m odly to be produced? W hatkirds ofcom m odly? I . Subbrlityoftie proposed bt-size fr)rthatcomm odity? Suf6ci'nttarm size to albw reasonably chance ofsuccess n com m ercialagricul um? w. Agriculbiralbases orotherfonn s of assurance thatpotential buyers orbases w oub putthe subj�ctama into som e form )f agriuluraluse? Pbase state the proposed type of arrangement Pbase submityouragricu)luralplans forthe subj--ctama and pmsentev Jence ofconsiieratbn of the above mqulrem ents together w your mquest fDra change of zone. If you do notintend to subdnrrte the subj�ct]and forsom e sortof agrculbialpuipose, phase state your other masons. To your ]mow bdge, has there been any fbodiig and/ordiainage probbm on the subtctama? If so, pbase descr-be the probbm . D o you thilk thatthe mads bading tD the subjctarea needs C in pmvem ents? Ifso, whatknd? Is the mad adequate forthe proposed traffic vobm e orbad? 9. W hatso±ofgovemm entalassttance and/orbs pmvem encs do you fee 1w X71 be needed in the subjE�ctama when devebped? a. Schools R oads C Sewer a. D ravage 3 - Yes Yes Police P mtect bn Fire P mtecthn g. RecmathnalFacilitbs h, PubkUtHjE�s r . 0 ther For those checked `yes",phase elaborate whattype orkizds ofinpmvem ents and/or assistance are needed. S -nature: Address: Tel phone: No Dat: - — -4- Application for Change of Zone —TMK (3)1-8-005:133 Harry & Sandy Freitas APPLICATION FOR CHANGE OF ZONE APPLICANTS: HARRY AND SANDRA FREITAS A -20a to A -5a Tax Map Key: (3)1-8-005:133 DECEMBER 2014 Page - 1 - Application for Change of Zone —TMK (3)1-8-005:133 Harry & Sandy Freitas TABLE OF CONTENTS Project Snapshot...............................................................4 Introduction/Project Location .................................................... 5 I. DETAILS OF PROPOSED DEVELOPMENT A. Project Description.................................................5 B. Statement of Objectives and Reason for the Request ....................... 5 C. Number of Acres/Square Feet ............................... ......... 5 D. Proposed Units/Lots/Floor Area of Proposed Building Envelope ............. 6 E. Timeframe and Cost ................................................ 6 F. Membership Size/Number of Employees and Clientele .................... 6 G. Parking Arrangement...............................................6 H. Traffic Impacts....................................................6 1. Roadway and Property Access ........................................ 6 II. CONFRAMNCE WITH STATE/COUNTY PLANS A. State Land Use Designation .......................................... 7 B. Chapter 205A, Coastal Zone Management .............................. 7 C. Hawaii State Plan .................................................. 7 D. Hawaii County General Plan ......................................... 7 E. County Zoning....................................................8 F. Community Development Plan ....................................... 8 G. Special Management Area .......................................... 10 III. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA A. Description of Subject Property, Location, Climate, Topography, Slope ...... 10 B. Lava Hazard Zone ................................................ 10 C. Distance from Coastline ............................................ 10 D. Agricultural Lands of Importance in the State of Hawaii (ALISH) .......... 10 E. Land Study Bureau Soil Rating ...................................... 11 F. Flood Insurance Rate Map (FIRM) ................................... 11 G. Existing Drainageways or Improvements .............................. I 1 H. Air/Noise/Water Quality ........................................... 11 I. Archaeological/Cultural or Historic Sites .............................. 12 J. Existing Floral/Fauna Resources ..................................... 12 K. Scenic or Coastal Resources.........................................12 L. Customary Native Hawaiian Rights ................................... 12 M. Existing Public Access ............................................. 13 Page - 2 - Application for Change of Zone —TMK (3)1-8-005:133 Harry & Sandy Freitas N. Social Settlement Pattern for the Area ................................. 13 O. Economic Resources of the Area ..................................... 13 P. Land Value......................................................13 Q. Land Use........................................................13 R. Zoning..........................................................13 IV. PUBLIC FACILITEIS AND SERVICES A. Description of Access..............................................14 B. Availability of Water .............................................. 14 C. Sewage Disposal..................................................15 D. Solid Waste......................................................15 E. Police and Fire ................................................... 15 F. Schools.........................................................15 G. Parks...........................................................15 H. Other Utilities....................................................15 V. ENVIRONMETNAL ASSESSEMNT AND ANALYSIS A. Relationship between Short and Long Term Use .........................16 B. Mitigative Measures...............................................16 C. Alternatives to the Proposed Development..............................16 D. Irreversible and Irretrievable Commitments .............................16 EXHIBITS Exhibit A: Quit Claim Deed Document No. A-44360124 (metes and bounds description) Exhibit B: Tax map Key (3)1-8-005:133 Exhibit C: State Land Use Designation Exhibit D: General Plan LUPAG Designation Exhibit E: County of Hawaii Zoning Exhibit F: County of Hawaii FIRM Designation Exhibit G: SHPD — Request for No Effect Letter Appendix 1: Site Plan Appendix 2: Conceptual Subdivision Appendix 3: Various Property Photographs Page-3- Application for Change of Zone —TMK (3)1-8-005:133 Harry & Sandy Freitas Project Name: Freitas Change of Zone Application Applicant: Harry and Sandy Freitas Post Office Box 4603 Hilo, Hawaii 96720 Applicant's Agent: Ted Hong Office of Ted Hong, Esq. Post Office Box 4217 Hilo, Hawaii 96720 Tax Map Key: (3) 1-8-005:133 Parcel Size: 50.0 acres Requested Land Area for 50.0 acres (entire parcel) Special Permit: Location: Olaa Reservation Lots, Puna, Island and County of Hawaii Land Owner: Harry and Sandy Freitas Existing Uses: Single Family Dwelling, Pasture/Agricultural (A -20a) Proposed Uses Agricultural 5 -Acres (A -5a) to a maximum of 6 lots Land Use Classifications: State Land Use: Agricultural Hawaii County General Rural Plan (LUPAG): Zoning: Agriculture 20 -acre (A -20a) Special Management Area: Project is not within the SMA ALISH Important Agricultural Land FIRM Zone X Page - 4 - Application for Change of Zone —TMK (3)1-8-005:133 Harry & Sandy Freitas APPLICATION FOR CHANGE OF ZONE County Environmental & Background Report INTRODUCTION The applicants, Harry and Sandra Feitas, are the owners of the owners of the fifty (50) acres subject parcel as evidenced by Quit Claim Deed dated January 23, 2012 and recorded with the Bureau of Conveyances on February 23, 2012, Doc No(s) A-44360124, attached hereto as Exhibit A. The Applicants would like to rezone their property from Agriculture A -20a to Agriculture A -5a. PROJECT LOCATION The subject parcel is identified as Tax Map Key (3)1-8-005-133, attached hereto as Exhibit B is located at 18-4233 N Pszyk Road, Olaa Reservation Lots, Mountain View, Puna, Island of Hawaii, County and State of Hawaii, hereinafter "Property". A copy of the Site Plan is attached as Appendix 1. I. DETAILS OF PROPOSED USE/DEVELOPMENT A. Project Description The Applicants would like to rezone the subject parcel in order to subdivide them into six (6) total lots. The Applicants have prepared a conceptual subdivision plan, attached as Appendix 2. The conceptual plan takes advantage of some of the existing pasture/field roadway systems and provides a singular roadway to provide access to six lots. This conceptual plan also minimizes any further subdivision of the lots. Lot 1 with the existing residence will be approximately 11.8 acres, Lot 2 - 7.5 acres, Lot 3 - 6.1 acres, Lot 4 - 9.6 acres, Lot 5 - 7.0 acres and Lot 6 - 6.0 acres. B. Statement of Objectives and Reason for the Request The Applicants wish to provide an inheritance and legacy for their children. An approval of this Change of Zone application would allow the applicant to provide a lot to each of their children. Base on the propose land area and size each lot could easily continue the agricultural designation and maintain individual farms and light live stock. C. Number of Acres/Square Feet The subject parcel is fifty (50) acres in size. Page-5- Application for Change of Zone —TMK (3)1-8-005:133 Harry & Sandy Freitas D. Proposed Units/Lots/Floor Area of Proposed Building Envelope Applicants The Applicants wish to subdivide the subject parcel into six (6) total lots within the current fifty acre area. Note that if this change of zone is approved that Applicant is not seeking the densest possible subdivision of the subject parcel. E. Timeframe and Cost Assuming the Change of Zone Application is approved, the Applicant foresees needing approximately 3 — 5 years to complete a subdivision process and other approvals prior to conveying and recordation of lots for family members. F. Membership Size/Number of Employees and Clientele Aside from family members running their individual farms/ranges, there are no employees or members planned for the proposed subdivision at this time. However, should there be a need the applicant shall seek appropriate approvals as necessary. G. Parking Arrangement The only parking required for every proposed lot will be for the agricultural dwelling for each individual lot. H. Traffic Impacts Based on the proposed application and the resulting number of lots (6) no traffic impacts are anticipate. I. Roadways and Property Access. Applicants have a 45 -foot wide access and utility easement appurtenant to TMK Parcel 133 (Doc No. 2001-026273) from Psyzk Road. The Applicants have had preliminary discussion with the owners of Parcel 133, Bang San Ho Temple. Should this change of zone application be approved, the Applicants and Bang San Ho Temple have agreed to prepare and execute an extinguishment of the 45 -foot easement and execute an 50 -foot access and utility easement. The Applicant support this requirement as part of the conditions of approval for this application. Page - 6 - Application for Change of Zone —TMK (3)1-8-005:133 Harry & Sandy Freitas II. CONFORMANCE WITH STATE/COUNTY PLANS A. State Land Use Designation The subject parcel is situated within the State Land Use Agricultural District as shown in Exhibit C. The proposed change of zone from A -20a to A -5a would not interfere with the State's land use designation for the subject parcel. B. Chapter 205A, Coastal Zone Management The proposed rezoning would not be contrary to the concerns of Chapter 205A and Coastal Zone Management as it would not interfere with public access to the shoreline, scenic and open space resources since it is approximately 13 inland from the coast. C. Hawaii State Plan The Hawaii State Plan is intended to serve as a guide for the growth and future long range development of the state. Chapter 226 of the Hawaii Revised Statutes provides the long term goals and policies of the Hawaii State Plan. • A strong, viable economy characterized by stability, diversity and growth that enables the fulfillment of the needs and expectations of Hawaii's present and future generations. • A desired physical environment characterized by beauty, cleanliness, quiet, stable natural system, and uniqueness that enhances the mental and physical well-being of the people. • Physical, social, and economic well-being for individuals and families that nourishes a sense of community responsibility and caring and of participation in community life. The proposed change of zone and subdivision are in compliance with these goals. If the requested change of zone and subdivision are approved, the resulting lots will contribute to the County's overall income and increase both County and State of Hawaii revenues. In addition, the families that are given these lots will contribute to the local economy by growing either livestock or an agricultural product intended for sale. The subject parcel will not change physically, aside from the construction of farm dwellings on the new lots. Therefore, the proposed change of zone and subdivision will not impact the current beauty, cleanliness, quiet and stable natural system there. The proposed subdivision and change of zone also further the physical and social well- being for families as the Applicants are moving forward with this project to bring Page - 7 - Application for Change of Zone —TMK (3)1-8-005:133 Harry & Sandy Freitas members of their family closer together and allowing them to live and work close to them. In summary, the change of zone and proposed subdivision will comply with the Hawaii State Plan. D. Hawaii County General Plan The General Plan Land Use Pattern Allocation Guide (LUPAG) Map states that the subject parcel is within the "Important Agricultural Lands" designation and is shown on Exhibit D. The proposed change of zone and subdivision would be consistent with this designation. E. County Zoning The parcel is presently zoned A -20a as shown on Exhibit E and the approval of this application would be consistent with the land use zoning pattern that currently exist at adj acent properties. F. Community Development Plan Section 15.1 of the County of Hawaii General Plan called for the development and adoption of Community Development Plans. The General Plan states that the CDPs "will translate the broad General Plan statements to specific actions as they apply to specific geographic areas." The Puna Community Development Plan (Puna CDP) was adopted by the Hawaii County Council in August 2008 and has been amended several times since, the latest being December 2011. The Puna CDP established three overarching themes that correspond to the top three issues that face the region. This application will look at each separately. Malama I Ka `Aina established how the contextual natural, historic and cultural features of Puna should be preserved and respected. There are no structures on the subject parcel that are historically significant. It is also unlikely that there are any subsurface historical remains. However, if any archaeological resources are encouraging during construction of the proposed structures, SHPD will be contacted immediately and all work in the area shall cease until clearance is obtained. Scenic resources are not expected to be significantly impacted. Shorelines, coastal waters and native forests are not applicable to the proposed change of zone and subject parcel. 2. Growth Management addresses how the future pattern of human settlement and land use should be shaped to respect that context and Page - 8 - Application for Change of Zone —TMK (3)1-8-005:133 Harry & Sandy Freitas support the desired quality of life for Puna's residents. Four major elements are identified and assigned goals, objectives and actions: a. Land Use Pattern — LUPAG designates the subject parcel as "Important Agricultural Land". The proposed change of zone would be consistent with this designation. The proposed subdivision would also be consistent with the following goals of the CDP: 1) lands for agricultural use would be preserved; 2) Puna agricultural products represent an increasing local market share; and 3) opportunities for diversified agricultural. b. Social Services and Housing — the proposed change of zone and subdivision is not expected to have a significant impact on local social services or housing as owners of the new lots would build their own farm dwellings. C. Public safety and sanitation services — the subject parcel is located in an area where basic infrastructure is available. d. Parks and recreation - the proposed change of zone and subdivision is not expected to have a significant impact on any park or recreational resource. e. Energy sustainability — Applicants are considering the use of photovoltaic cells on the rooftops of farm dwellings constructed a s a result of the proposed subdivision to lessen the energy impact from the creation of additional lots. 3. Transportation focuses on sustainable approaches to transportation to support the goals of the two above themes. The subject parcel is currently access by Psyzk Road, a modest standard road. The Applicants would continue to utilize that road. As noted within the Property deed, access for the Property is available via Kopua Road, however, this road is a paper road and should the County develop this roadways the Applicants will cooperate with the County to provide the appropriate set-aside and right- of-way for access the Property Page - 9 - Application for Change of Zone — TMK (3)1-8-005:133 Harry & Sandy Freitas G. Special Management Area The subject parcel is outside the County of Hawaii's adopted Special Management Area. No permits would be necessary under SMA regulations. III: PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA A. Description of subject property, location, climate, topography, slope, soiles (including size, shape, existing structures) Climate: Located on the Windward side of the Big Island, the mean annual rainfall is approximately 120 to 160 inches. Generally, the wet months occur from October through April. The mean annual temperature is approximately 73 degrees Fahrenheit. Wind patterns are diurnal with dominant easterly tradewinds prevailing during the day and cooler westerly winds sweeping down from the slopes of Mauna Loa and Mauna Kea in the evening. B. Lava Hazard Zone The subject parcel is within Zone 3 of the Volcano Hazard Zones. Areas in Zone 3 are gradationally less hazardous than Zone 2 because of greater distance from recently active vents and/or because the topography makes it less likely that flows will cover these areas. C. Distance from coastline The subject parcel is more than ten miles from the nearest coastline. D. Agricultural Lands of Importance in the State of Hawaii (ALISH) designation The subject parcel is designated as "Other Important Agricultural Land." Other Important Agricultural Land is land other than Prime or Unique Agricultural Land that is of state-wide or local importance for the production of food, feed, fiber and forage crops. The lands in this classification are important to agriculture in Hawaii, yet they exhibit properties, such as seasonal wetness, erodibility, limited rooting zone, slope, flooding or droughtness that exclude them from the Prime or Unique Agricultural Land classifications. Two examples are lands which do not have an adequate moisture supply to qualify as Prime Agricultural Land and lands which have similar characteristics and properties as Unique Agricultural Land except that the land is not currently in use for the production of a unique crop. These lands can be farmed satisfactorily by applying greater inputs of fertilizer and other soil amendments, drainage improvement, erosion control practices, flood protection and produce fair to good crop yields when managed properly. Page - 10 Application for Change of Zone —TMK (3)1-8-005:133 Harry & Sandy Freitas Other criteria which may qualify this subject parcel as Other Important Agricultural Land is the land slopes less than 35% and is presently used for grazing or has grazing potential. The soils have sufficient available water to produce fair to good yields of forage. E. Land Study Bureau soil rating The Property consists of the Puaulu series which consists of well -drained silty clay loam soils developed in geologically recent volcanic ash. These soils occur on nearly level to undulating mountain slopes. F. Flood Insurance Rate Map (FIRM) designation (contact Department of Public Works — Engineering Division There The Federal Emergency Management Agency (FEMA) has classified the area in which the Property is located as Zone X. Zone X is land with no recognized flood potential and is located outside both the 100 -year and 500 -year floodplain. The classification means that the Property is located outside of the 0.2 percent annual chance floodplain, and that no based flood elevations or depths are shown for this zone. A copy of the FIRM designation is attached as Exhibit F. G. Existing Drainage ways or improvements There are no significant drainage ways that adversely affect the parcel. H. Air/noise/water quality Air Quality: In general, the ambient air quality of the subject parcel meets all Federal and State standards by its designation as an "attainment" area by the Hawaii State Department of Health, Clean Air Branch. The windward area of the Big Island is subject to voggy conditions, due to volcanic activity, during times of cessation of trade winds. The air quality of the subject parcel and surrounding area is not expected to be significantly impacted by the proposed subdivision. Minor, short-term impacts, capable of mitigation to very low levels, may occur during construction of farm dwellings. Best practices will be developed and utilized to address any impacts in compliance with applicable Federal, State and County regulations and requirements. Noise: The proposed subdivision of the subject parcel is not expected to significantly impact noise levels in the area. The area is rural in nature, and adjacent lots are 50 acres in size — with lots of wide open spaces. Noise levels would temporarily increase for the construction of farm dwellings during daytime hours and would return to normal levels at night. While unlikely, if there will be instances where construction noise is expected to exceed the Department of Health's Page - 11 Application for Change of Zone —TMK (3)1-8-005:133 Harry & Sandy Freitas maximum permissible property -line levels, the Applicants or contractors themselves will obtain a permit in conformance with Title 11, Chapter 46, Hawaii Administrative Rules prior to construction. Water quality: Potable water is currently procured and utilized via a private catchment system. There are no streams or rivers located on the subject parcel. The proposed subdivision will not significantly impact water resources. Historic Resources I. Existing archaeological, cultural or historic sites on National Register or Hawaii Register (Contact Department of Land and Natural Resources) There are no existing archaeological, cultural or historic sites on the National or State Register within or on the subject parcel. Natural Resources J. Existing floral/fauna resources (any native or exotic plants; any listed or candidate for endangered species) The Property is predominately pasture lands with various types of grasses. The Property does not have any high-value trees or floral resources. Various common birds such as Japanese White -eye, Northern Cardinal, Spotted Dove and common myna are seen on the Property and none of these birds are listed or candidates for threatened or endangered species. K. Scenic or coastal resources The Hawaii County General Plan designates certain sites and areas as areas of natural beauty and scenic resources. The subject parcel is not listed as one of these designated areas. Additionally, the subject parcel is not a coastal property and there is no immediate view of the actual coast. The proposed subdivision is not expected to significantly impact the viewplanes of any surrounding property owners. Valued Cultural Resources L. Identify any traditional and customary native Hawaiian rights that are exercised in the area; the extent in which the proposed development will affect these rights; and feasible action to be taken to protect native Hawaiian rights if they exist. Cultural resources associated with traditional and customary Native Hawaiian rights have not been identified on the subject parcel. Page - 12 Application for Change of Zone — TMK (3)1-8-005:133 Harry & Sandy Freitas Public Access M. Existing public access to and along the shoreline or to mountain areas and knowledge of public access being used There is no existing public access to and along a shoreline or to mountain areas through or proximate to the subject parcel. Social -Economic Characteristics N. Social settlement pattern for the area The subject parcel is located in Mountain View. In 2006, Mountain View's population was approximately 3,389 residents. 716 of those residents lived in the County of Hawaii in 1995, while 1,655 of those residents lived in the same home since 1995. The median resident age in 2006 of a Mountain View resident was 34.6 years of age. O. Economic resources of the area The 2000 Census indicated that 257 people rented the premises they resided in while 702 of residents were owner occupiers. In 2006, the median household income for a resident in Mountain View was approximately $26,860. Tourism remains a major income - generating trade in Mountain View. P. Land values According to the Hawaii County Real Property Tax Office, the subject parcel's market land value is approximately $219,400. Land values of agriculturally zoned parcels to the north, south, east and west adjacent of the subject parcel range from $211,700 to $218,800. Surrounding Lands Q. Land use All adjacent parcels are designated in the Agriculture State Land Use District. R. Zoning Adjacent parcels to the north and west of the subject parcel are currently zoned A -5a (i.e., (3) 1-8-005: 131 and 132 & (3)1-8-006: 013) and would be consistent with the zoning asked for in this application. Adjacent parcels to the east, southwest, and south of the subject parcel are currently zoned A -20a (i.e., (3) 1-8-005: 128, 134 and 138). Page - 13 Application for Change of Zone —TMK (3)1-8-005:133 Harry & Sandy Freitas IV. PUBLIC FACILITIES AND SERVICES A. Description of access The subject parcel is accessed via an unpaved sugar plantation style road named North Kopua Road. B. Availability of water Section 23-84 of the Subdivision Code requires that all new subdivisions have a water system meeting the minimum requirements of the Department of Water Supply. The location of the subject parcel is not within DWS's existing service limits and is situated at an elevation such that the Department of Water Supply's water system cannot provide adequate water pressure due to budgetary constraints. The water system simply cannot support the proposed subdivision without extensive improvements and additions such as source, storage, booster pumps, transmission and distribution facilities. Also it is unreasonable to have the Applicants to design, drill and develop private wells and install the necessary water system improvements. The Applicants propose that the subject parcel and proposed subdivision be allowed to utilize a privately owned individual rain water catchment system. Such a system can meet the intent and purpose of the Subdivision Code, and is allowed if the lot receives sufficient annual rainfall per year. According to GIS data and the Department of Water Supply, the subject parcel receives some 180 inches to 200 inches of water every year. With the high levels of rainfall every year, this should provide a sufficient source of water for the planned subdivision of the subject parcel. The Applicants would be agreeable to conditions on the use of a water catchment system for the proposed subdivision. Several other parcels around the subject parcel applied for and were granted a water variance of some sort. Variance 934 and 935 (to the north or the subject parcel) granted permits for catchment systems at Tax Map Key: (3) 1-8-005: 115, 116 and 129. Variance 08-054 granted a water catchment variance to Tax Map Key: (3) 1-8-005: 127 and 178 (to the east of the subject parcel). Most recently, Variance 10-001 has allowed a water variance at Tax Map Key: (3) 1-8-005: 112 allowed a water variance to the southwest of the subject parcel. All of these variances indicated that there was more than sufficient rainfall for the utilization of a catchment -based private water system. Moreover, the CDP and the Planning Department Rules and Regulations fully allow subdivisions with no more than six lots to utilize a water variance. The Applicant provides a conceptual subdivision plan for no more than six lots as Appendix 2. Page - 14 Application for Change of Zone —TMK (3)1-8-005:133 Harry & Sandy Freitas With the abundance of water, the Applicants asserts that under Section 25-2-46(m) of the zoning code regarding concurrency, the Applicant has the alternative to utilize a private water system equivalent and a privately owned catchment system is a reasonable alternative. The Applicant will work cooperatively with the Department of Water Supply ("DWS") to explore this alternative or other such alternatives of sufficient water and the applicant support the delay of occupancy until DWS supports another alternative that meets the requirements of a single family use. C. Sewage disposal There is no municipal sewer system for the Property and all sewage will be addressed by the use of septic systems. D. Solid waste The nearest solid wast transfer station is located approximately 4 miles from the Property in Glenwood. E. Police and fire protection The nearest police station to the subject parcel is located in Keaau at 16 Pili Mua St., Keaau, HI 96749. The County of Hawaii fire station is the Keaau Fire Station located at 16 579 Old Volcano Road, Keaau, HI 96749. F. Schools The subject parcel is located in Mountain View and is within the area serviced by Mountain View Elementary, Keaau Middle School and Keaau High School. G. Parks Mountain View Park and AJ Watt Gym are the closest parks to the subject parcel. Recreational resources are not expected to be impacted greatly by the requested change of zone and subsequent subdivision is only seeking to subdivide the subject parcel into six lots with one farm dwelling on each parcel. H. Other utilities and services (telephone/electricity) The subject parcel receives existing electrical power and telephone service. V. ENVIRONMENTAL ASSESSMENT AND ANALYSIS Page - 15 Application for Change of Zone —TMK (3)1-8-005:133 Harry & Sandy Freitas A. Relationship between local short term uses of environment and maintenance and enhancement of long term productivity The local short term use of the subject parcel would most likely remain as a place to raise livestock and farm various agricultural products. The use of the site will transition into a slightly denser user upon approval of this application and subsequent subdivision. It is estimated that the proposed plan should not result in any significantly adverse short or long term impacts that cannot be properly mitigated. The project will generate an increased amount of property tax revenues that can supplement the County of Hawaii's fiscal resources. The project is also family-oriented in nature, and is being done to provide the Applicants' family with places to live and work. B. Mitigative measures proposed to avoid, minimize, rectify, or reduce impact Any inadvertent archaeological discoveries during any phase of the proposed project will be reported to the Planning Department and appropriate mitigation measures will be taken. C. Alternatives to the proposed development Alternatives to the proposed subdivision include the following: (1) Not reclassifying or rezoning the Property; (2) rezoning to a different zoning designation; or (3) not allowing the proposed subdivision. D. Irreversible and irretrievable commitments of natural resources that would be involved if proposed action implemented The subject parcel will remain largely the same — as a site for livestock and the farming of various agricultural products. The only aspect of the proposed subdivision would be the construction of farm dwellings for the Applicants' family to reside while they tend to and farm their new lots. The proposed change of zone and subdivision also does not involve any irreversible or irretrievable commitments of natural resources. It is unlikely that the property serves as a habitat for any federally or state listed, candidate or posed threatened or endangered plant or animal species. Page - 16 LAND COURT STATE OF HAWAII 1s q -,'14� BUREAU OF CONVEYANCES RECORDED February 23, 2012 8:01 AM Doc No(s) A-44360124 1st NICKI ANN THOMPSON III 111 IN IN I 1111111111111 REGISTRAR 1 1/2 LGG Conveyance Tax: $0.00 l �6-32016283 V REGULAR SYSTEM AFTER RECORDATION, RETURN BY: X MAIL [ ] PICKUP TO: Harry Pomroy Nuarnealani Scott Freitas Sandra Lynn Scott Freitas 18-4233 North Pszyk Road Mountain View, HI 96771 FAM File No • 3902458 (TMY) Total Pages: 3qo 2y`'� Tax Map Key: (3) 1-8-005-133 Tax Map Key: (3) 1-8-005-143 (Exempt Roadway Lot) QUITCLAIM DEED �a n �� THIS INSTRUMENT, made as of this a. -S, ao I a -I by and between CONTINENTAL PACIFIC, LLC, a Delaware limited liability company, hereinafter called the "Grantor", in favor of HARRY POMROY NUAMEALANI SCOTT FREITAS and SANDRA LYNN SCOTT FREITAS, whose address Is 18-4233 North Pszyk Road, Mountain View, HI 96771, as Tenants by the Entirety, hereinafter called the "Grantee"; WITNESSETH: That for TEN DOLLARS ($10.00), and other valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, the Grantor does hereby release, remise and quitclaim unto the Grantee, according to the tenancy herein set forth in fee simple, all that certain real property described in EXHIBIT A attached hereto and made a part hereof, and together with the personal property, if any, described in said EXHIBIT A; And all of the estate, right, title and interest of the Grantor, both at law and in equity, therein and thereto; The conveyance herein set forth are expressly declared to be in favor of the Grantee, and the Grantee's heirs, devisees, personal representatives, successors and assigns, according to the context thereof. 3902458 Page 1 EXHIBIT "A" Quit Claim Deed Document No. A-44360124 The berms "Grantor" and "Grantee as and when used herein, or any pronouns used in place thereof, shall mean and include the masculine, feminine or neuter, the singular or plural number, and each of their respective heirs, devisees, personal representatives, successors and assigns, according to the context thereof. All covenants and obligations undertaken by two or more persons shall be deemed to be joint and several unless a contrary intention Is dearly expressed elsewhere herein. The parties hereto agree that this Instrument may be executed in counterparts, each of which shall be deemed an original, and said counterparts shall together constitute one and the same agreement, binding all of the parties hereto, notwithstanding all of the parties are not signatory to the original or the same counterparts. For all purposes, Including, without limitation, recordation, filing and delivery of this Instrument, duplicate unexecuted and unacknowledged pages of the counterparts may be discarded and the remaining pages assembled as one document. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK - SIGNATURE(5) ON FOLLOWING PAGE(S)] 3902458 Page 2 above. IN WITNESS WHEREOF, the Grantor has executed this instrument as of the date set forth Grantor: CONTINENTAL PACIFIC, LLC, a Delaware limited liability company 3942458 Page 3 IPr_:. LL a sl lit 3942458 Page 3 STATE OF EJ06dd ) ) SS. COUNTY OF 1A)d d0r-, ) On J before me personally appeared Sdt' n s y/ to me perso ily known, who, being by me duly sworn or affirmed, did say that such person(s) executed the foregoing instrument as the free act and deed of such person(s), and if applicable, in the capacity shown, having been duly authorized to execute such instrument in such capacity. POO Name: LZ No6y Public, State of _ My commission expires: STATE OF r 966WL COUNTY OF Wdl"M ) SS. } pEBECCAJ. ` 1 r(W.—gle E*44 jut* 16,2013 e�ne■enwTwr+�^ On �'Gt�ltolru !2 tt2 before me personally appeared �(!_ ridlts�rl , to me perso Ily kho-wn, who, being by me duly sworn or affirmed, did say that such person(s) executed the foregoing instrument as the free act and deed of such person(s), and if applicable, in the capacity shown, having been duly authorized to execute such Instrument in such capacity. 1.ui QkIrAkc IM I I k4l Lt'- ■ �.� 3902458 Page 4 "Y REBECCAJ.BRYANT :J: conxr�i all � D13 89+1561 Expues JwF 18.2013 �Rr"• yiiq•j1fwT FilnUw■■iw/O"F7011 EXHIBIT A ALL OF THAT CERTAIN PARCEL OF LAND, BEING A PORTION OF GRANT 4128 TO CAPITAL COFFEE AND COMMERCIAL CO., LTD., BEING ALL OF LOT 129 OF THE OLAA RESERVATION LOTS SITUATE AT OLAA, PUNA, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH CORNER OF THIS PARCEL OF LAND, BEING THE SOUTH CORNER OF LOT 121 OF THE OLAA RESERVATION LOTS, THE COORDINATES OF SAID POINT OF BEGINNING REFERRED TO GOVERNMENT SURVEY TRIANGULATION STATION "OLAW, BEING 15,567.82 FEET SOUTH AND 24,451.20 FEET WEST AND RUNNING BY AZIMUTHS MEASURED CLOCKWISE FROM TRUE SOUTH: 1. 3180 40' 1,452.00 FEET ALONG THE REMAINDER OF GRANT 4128 TO CAPITAL COFFEE AND COMMERCIAL CO., LTD., ALONG LOT 120 OF THE OLAA RESERVATION LOTS; 2. 480 40' 1,500.00 FEET ALONG REMAINDER OF GRANT 4128 TO CAPITAL COFFEE AND COMMERCIAL CO., LTD., ALONG LOT 130 OF THE OLAA RESERVATION LOTS; 3. 1380 40' 1,452.00 FEET ALONG REMAINDER OF GRANT 4128 TO CAPITAL COFFEE AND COMMERCIAL CO., LTD., ALONG KOPUA ROAD; 4. 2280 40' 1,500.00 FEET ALONG GRANT 4314 TO AUGUST ITEM, ALONG LOT 128 OF THE OLAA RESERVATION LOTS TO THE POINT OF BEGINNING AND CONTAINING AN AREA OF 50.00 ACRES, MORE OR LESS. TOGETHER WITH AN UNDIVIDED 1/8 INTEREST IN AND TO THE FOLLOWING DESCRIBED PARCEL OF LAND: ALL OF THAT CERTAIN PARCEL OF LAND, BEING A PORTION OF KOPUA ROAD, BEING A PORTION OF GRANT 4128 TO CAPITAL COFFEE AND COMMERCIAL CO., LTD., AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST CORNER OF THIS PARCEL OF LAND, BEING ALSO THE EAST CORNER OF LOT B (MAP 1) OF LAND COURT APPLICATION 777, THE COORDINATES OF SAID POINT OF BEGINNING REFERRED TO GOVERNMENT SURVEY TRIANGULATION STATION "OLAA', BEING 16,576.97 FEET SOUTH AND 25,598.55 FEET WEST, AND RUNNING BY AZIMUTHS MEASURED CLOCKWISE FROM TRUE SOUTH; 1. 2280 40' 28.00 FEET ACROSS KOPUA ROAD; 2. 318° 40' 5,613.05 FEET ALONG LOTS 129, 130, 131, AND 132 OF THE OLAA RESERVATION LOTS; 3. 500 15'28.01 FEET ALONG GOVERNOR`S EXECUTIVE ORDER NO, 3133, ALONG GOVERNMENT (CROWN) LAND OF OLAA; 4. 1380 40' 5,612.27 FEET ALONG LOTS 141, 142, 143, AND 144 OF THE OLAA RESERVATION LOTS TO THE POINT OF BEGINNING AND CONTAINING AN AREA OF 3.608 ACRES, MORE OR LESS. TOGETHER ALSO WITH AN EASEMENT FOR UTILITY PURPOSES, AS GRANTED BY AND BEING MORE FULLY DESCRIBED IN THAT CERTAIN GRANT OF EASEMENT RECORDED FEBRUARY 13, 2001 AS REGULAR SYSTEM DOCUMENT NO. 2001-020268 OF OFFICIAL RECORDS. 39024SS Page 5 TOGETHER ALSO WITH PERPETUAL NON-EXCLUSIVE EASEMENTS FOR ACCESS AND UTILITY PURPOSES OVER AND ACROSS TAX MAP KEY NO. (3) 1-8-005-128 AS SET FORTH IN THAT CERTAIN PARTIAL CANCELLATION AND REDESIGNATION OF EASEMENT RECORDED FEBRUARY 27, 2001 AS REGULAR SYSTEM DOCUMENT NO. 2001-026273, AS AMENDED, OF OFFICIAL RECORDS. BEING ALL OF THE PREMISES CONVEYED BY QUITCLAIM DEED RECORDED JUNE 6, 2001 AS REGULAR SYSTEM DOCUMENT NO. 2001-085278 OF OFFICIAL RECORDS. GRANTOR: STROTHER TIMBERLANDS, LTD., AN ALABAMA LIMITED PARTNERSHIP GRANTEE: CONTINENTAL PACIFIC, LLC, A DELAWARE LIMITED LIABILITY COMPANY. 3902458 Page 6 Ski aLO 0 4O t �,A co 17 z, a e., ' o vi W Z f — �--� —� � L 'mar ?• ° _ z _ � � � ©nom - , L G C u • i •°ii v pQ• a � � � o I: O •� R=. 4 F 7qr. u I.. u e u•�d� • pal • .•, [ Y � a � f• O •r p is f• I � ,+ -- ow , ©_' w� -� �taaH ©-- -' <O � / f -- --- rH -. R) o $h o o Y �� `ti , • 4 F � a \\ a �, deo ! �• orm NOW H[MCw $ 1 f'. Y � t i � ' i I •off _ � � : A 21 1 EXHIBIT «B„ Tax Map Key (3)1-8-005:133 _. YIN _.. �^ N8006 114 318005123 318005131 318005117 318005113 0 CD CD 3180060/3 318005132 39 8005128 hoAb o 318005127 pQ` .._ h h 398005119 � �� I J 318006086 3!80G51`_ 318005134 L� o o n 318005126 h � RC1. 31 san 5 „_ -� 1 J4- 80'0 135 iv 22 01- G 318011-15 i39 0 �^ 39g0u5136 318005018 • •' ti ori' ��' t, as 318004007 m 5 O� 4, . 1. .� 80051 �i= rJv�'J32 l ✓ z ?180r�nc- EXHIBIT '11)" .' , cC; General Plan LUPAG Designation Agricultural Rev 5/21/13 Email completed form to dpweng@hawaiicounty.gov County of Hawaii DEPARTMENT OF PUBLIC WORKS - ENGINEERING DIVISION Flood Zone Determination LEGEND Tax Map Key:"' _ - 3 Requested by: Company: Address: Phone No. Fax: Date: Flood Zone is: Remarks: Completed by: Y Date: �� � k -2— Notes: 1) Property in Zone X (not within the Special Flood Hazard Area) may be damaged by a flood greater than that predicted on the Flood Insurance Rate Map, or from a local drainage problem not shown on the map. The Information provided here does not create liability for the County of Hawai'i, or any officer or employee thereof, for any damage that results from reliance on this information. 2) Buyers are advised to consult an Architect and/or Engineer or other experts of the buyers' choice if there are additional questions. 3) See attached about the mandatory purchase of Flood Insurance requirements. 4) In 2008, the Federal Emergency Management Agency (FEMA) issued a Hurricane Study for Hawai'i County. In terms of potential risk to life and property, the more protective Base Flood Elevations and Special Flood Hazard Areas from FEMA's hurricane study, were incorporated onto FEMA's July 2011, Preliminary Digital Flood Insurance Rate Maps (Preliminary DFIRMs). Until FEMA's Preliminary DFIRMs become effective, the County will continue using FEMA's current effective Flood Insurance Rate Maps and Flood Insurance Study for Hawaii County. We advise all coastal property owners to review FEMA's Preliminary DFIRMs and design/construct as appropriate. The Preliminary DFIRMs can be reviewed at the State of Hawai'i, Department of Land and Natural Resources' website: http://gis.hawaiinfip.orci/fhat/. BASE FLOOD ELEVATION (SFE) -Water surface elevation of a flood having a one percent chance of being equaled or exceeded in any given year (also called the °100 -year flood"). FLOOD INSURANCE RATE MAP (FIRM) - Map used in administering the National Flood Insurance Program. The maps display shaded areas in the community that are subject to flooding. Flood Insurance rates are based on risk of the various Special Flood Hazard Areas zones (defined below) shown on the map. County of HawaiTs regulations are tied to the different SFHA zones. FIRM or SFHA zone information is available from the following sources: • Order or viewed on the Internet by visiting www.fema.gov and clicking on the FEMA Flood Map Store in the left column, or by going directly to www.store. msc.fema.gov/webapp/wcslstores, or by calling 1-800-358- 9616. • The State of Hawaii Department of Land and Natural Resources provides property specific flood zone designation information at its website http://gis.hawaiinfiip.orglfhaU. The County of Hawai'i Department of Public Works provides (upon request and for a nominal fee) a copy of the Tax Map Key with the specific flood designations(s). SPECIAL FLOOD HAZARD AREAS (SFHA) - Areas of land or zones that would be inundated by a flood having a t percent of occurring in any given year (also referred to as the base flood or 100 -year flood). ZONE A - No base flood determined ZONE AE - BFE determined ZONE AH - Flood depth of 1 to 3 feet (usually areas of ponding); base flood elevation determined ZONE AO - Flood depths of 1 to 3 feet (usually sheet flow on sloping terrain); average depths determined. For areas of alluvial fan flood, velocities also determined. ZONE V - Coastal flood with velocity hazard (wave action); no BFEs determined. ZONE VE - Coastal flood with velocity hazard (wave action); BFEs determined. BUFFER ZONE - Areas bordering and within 50 feet of a SFHA with BFE, depth numbers specified in feet on the FIRM or other areas that have been studied and indented with BFE or depth numbers [HCC §27-12 and §27- 18(d)(5)]. OTHER FLOOD AREAS - Areas of land or zones not designated as SFHAs. ZONE X (Shaded) - Areas of 500 -year flood; areas of 100 -year flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and, areas protected by levees from 100 -year flood. ZONE X - Areas determined t be outside the 500 -year floodplain ZONE D - Areas in which flood hazards are not determined. Notes: 1) FIRM maps do not necessarily identify all areas subject to flooding, particularly from local drainage sources of small size, or all planimetric features outside SFHAs. 2) SFHAs (100 -year flood) include Zones A, Al -A30, AE, AH, A0, V and VE. 3) Certain areas in SFHAs may be protected by flood control structures (e.g., levees). EXHIBIT "F" County of Hawai'i is an Equal Opportunity Provider and Employe County of Hawaii Firm Designation Ted H.S. Hong Attorney at Law 1.1nplopnent. li-orhplace Law & bligath Sue L.K. Lee Loy Planner and legal Assistant August 30, 2012 State Department of Land and Natural Resources State Historic Preservation Division 601 Kamaokila Boulevard. Room 555 Kapolei, Hawaii 97607 RE: REQUEST FOR NO EFFECT LETTER DETE,RIMINATION THAT NO HISTROIC PROPERTIES WILL BE AFFECTED TAX MAP KEY (3)1-8-005:133, PORTION OF OLAA RESERVATION LOTS, PUNA, ISLAND OF HAWAII Aloha: Pursuant to the County of Hawaii Planning Commission Rules, this letter request a "no effect" letter for Tax Map Key (3)1-8-005:133, Portion of Olaa Reservation Lots, Puna, Hawaii, Island of Hawaii, County and State of Hawaii, hereinafter, "Subject Property." By way of background the Subject Property is a 50- acre parcel zoned Agricultural 20 acre (A -20a) and is located at 18-4233 N. Pszyk Road. Portion of Olaa Reservation Lots, Puna Hawaii, Island of Hawaii. The Subject Property is not li,.ted on the National or State Register of Historic Places and information from the County of Hawaii Real Property Tax indicate a residential structure was permitted and constructed on the Subject Property. The Subject Property was previously in ranch use and is currently in agricultural and residential use and previous grubbing/grading has altered the land. Based on the foregoing, we look forward to \our determination that no historic properties will be affected on the Subject Property. Sincerelv, Ted H.S. Hong, Esq. cam` c: Client EXHIBIT "H" SHPD — Request for No Effect Letter P.O. Box 4217 Hilo, tiawai'i 96720 Phone:: (808) 9450-3 156 C -trail: thshonc3rrntsn.<<�rtt - ul � O tO ry III I III N I m E 0 3 Ee ym O6 I l.i I�r yes oma ca mo m III �p WNn I - � i t o f IS wino - II !IL1I I M 6 � O tO ry III I III N I Q � III Q I l.i I�r � I mo m III �p WNn I - � i t o f IS wino 0 �IeryII <wa t 1 I o I SII < III mI ul� i318'40'00' 1452.00' ]06.00 OPUA ROAD(UNDEV.) 3 / I I BR� TEMPLE TMK 1-8-005-138 k� J rl tl� a g to eI I I APPENDIX 1 Citn Dlmn I � O I l.i I�r � I 0 P C� I 138'40'00' 1452.00' OPUA ROAD(UNDEV.) PRIEST OF BANG SAN NO LOT 144 TEMPLE TMK 1-8-005-138 APPENDIX 1 Citn Dlmn a -m< aF S "YS 3E o� PSYZK ROAD II � - Illi c 0 U p o- IICL S o m Ill m=p� $ I E o J a o i Ii >U EN O p=N II- o oo-'opo°� III �� Zm_+m n IIF OO p m p=^ I III I 6 t m o o v Q w III Q a m m p o i t- Ih H m p g o p N Il GI C _ N N I IFI N p N a 0 0 p U w l ` I✓� O I m U _ m � O- 5 r j U1 01 I� IF � ao Ili �2 N0 ma 318'10'00• 1,52M' �os.aa• =gid- � �d az� j 0> IaI I I moo. W !p �!OCR * <3 �a 10- 0 n•mw �G I u 2� �. Ln m G° Q n — tp � _ V91� JCC• - ,'� � U °: i > o1 r I e T° G �e ^o? I Sy��P �'QQ, '4V'b�•lyyJ 138'10'00• 145200' 01 z OPUA ROAD �UNDEV. � EST SANG SAN NO LOT 144 a O TEMPLE TMK 1-8-005-136 - > em 1n al _• E - APPENDIX 2 conceptual Subdivision Plan APPENDIX 3 Various Property Photographs i �.' ...x�.� .t pia aq �' tt ., i., _ ,}r i # _ .. .. M .. - - ;r ,� / f 1 - �. - ' � � i.r � _ ,� 1, . f' i W �_ i' �_ _ t f I l � 4'� l ! f }� l 1. v?' 3, ��.-` � w .�_ s' �� �� 'r { t'T DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII TO: Duane Kanuha, Planning Director DATE: January 28, 2015 FROM: ►' Department of Public Works, Engineering Division SUBJECT: CHANGE OF ZONE APPLICATION (REZ 14-000185) Applicant: Harry and Sandra Freitas Request: A -20a to A -5a Tax Map Key: 1-8-05: 133 We have reviewed the subject application forwarded by your memo dated December 31, 2014 and offer the following comments for your consideration. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500 -year floodplain. Access to the subject parcel is via Pszyk Road, a County maintained street with an existing right-of-way width of 30 feet. Questions may be referred to Kelly Gomes at ext. 8327. Planning Dept. Exhibit Z County of Hawaii is an Equal Opportunity Provider and Employer 09658` DEPARTMENT OF WATER SUPPLY 345 KEKUANAO`A STREET, SUITE 20 TELEPHONE (808) 961-8050 February 12, 2015 TO: Mr. Duane Kanuha, Director Planning Department FROM: Quirino Antonio, Jr., Manager—Chief Engineer • COUNTY OF HAWAII • HILO, HAWAII 96720 FAX (808) 961-8657 L. SUBJECT: CHANGE OF ZONE (REZ 14-000185) APPLICANT — HARRY AND SANDRA FREITAS REQUEST — AGRICULTURAL A -20A TO AGRICULTURAL A -5A FOR A 50 ACRE PARCEL TAX MAP KEY 1-8-005:133 We have reviewed the subject application and have the following comments. The subject parcel is not within the service limits of the Department's existing water system. Should there be any questions, please contact Mr. Troy Samura of our Water Resources and Planning Branch at 961-8070, extension 255. TS:dfg Sincerely yours, JWQuirino Anton+Jr,E., Manager—Chief Engineer Planning Dept. Exhibit �- ...`Yi>ater, Our Most Precious Resource ... KKa %ai A Kane ... The Department of Water Supply is an Equal Opportunity provider and employer. SCANNED William P. Kenoi Mayor Walter KM. Lau Managing Director BJ Leithead Todd Director John A. Medeiros Deputy Director (Count of MIPMfuni,t DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekaanao`a Street, Suite 41 • Hilo, Hawari 96720 (808) 961-8083 • Fax (808) 961-8086 iittp:Hwc�lv.hawaiicountx,.2ov/environmental-nlanaye, mend MEMORANDUM Date : January 5, 2015 To . DUANE KANUHA, Planning Director From: BJ LEITHEAD TODD, Director $�-1 Subject: Change of Zone Application (REZ 14-000185) Applicant: Harry and Sandra Freitas Request: Agricultural A -20a to Agricultural A -5a for a 50 Acre Parcel TMK: 1-8-005:133 The Solid Waste Division has reviewed the subject application and offers the following recommendations (Please note Wastewater Division's comments will submitted separately): DEPARTMENT COMMENTS: ( ) Wastewater Division had no comment as this area is not a sewered and there are no immediate plans for sewering of the area. ( ) Other SOLID WASTE COMMENTS: (Contact Solid Waste Division for details.) O No comments ( ) Commercial operations, State and Federal agencies, religious entities and non-profit organizations may not use transfer stations for disposal. ( ) Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. ( ) Ample and equal room should be provided for rubbish and recycling. ( ) Green waste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or other suitable diversion programs. ( } Construction and demolition waste is prohibited at all County Transfer Stations. ( ) Submit Solid Waste Management Plan in accordance with attached guidelines. ( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. ( ) Other: Planning Dept, Exhibit 096368 " q�j �j County of Hawaii is an Equal Opportunity Provider and Employer. William P. Kenoi Mayor Walter K.M. Lau Managing Director BJ Leithead Todd Director _ :J06 A.Medeiros Deputy Director (90unk DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekdanao'a, Suite 41 • Hilo, Hawaii 96720 (808) 961-8083 • Fax (808) 961-8086 httn://haNvaiicountN,.gov/environmental-management/ MEMORANDUM Date : January 5, 2015 To : DUANE KANUHA, Planning Director From: BJ LEITHEAD TODD, Director Subject: Change of Zone Application (REZ 14-000185) Applicant: Harry and Sandra Freitas Request: Agricultural A -20a to Agricultural A -5a for a 50 Acre Parcel TMK: 1-8-005:133 The Wastewater Division has reviewed the subject application and offers the following recommendations (please note Solid Waste Division comments will be submitted separately): DEPARTMENT COMMENTS: WAS WATER COMMENTS: (Contact Wastewater Division for details.) No comments ( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawai' i County Code. ( ) Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawaii County Code. Complete Sewer Extension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawaii County Code. ( ) Check or line out as applicable: [ ] If required by the Director of the Department of Environmental Management ("Director of DEM"), [ ] applicant shall conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. Applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require, which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief for details. ( ) Other: County of Hawaii is an Equal Opportunity Provider and Employer. William P. Kenoi Mavor January 7, 2015 County of Hawai l POLICE DEPARTMENT 349 Kapi`olani Street Hilo, Hawaii 96720-3998 (808) 935-3311 Fax(808)961-2389 TO DUANEtA NU A L, FROM HEN YTVA Ear ARE IERAT10 NTNG DIRECTOR 5/ ASSISTANT POLICE CHIEF Harry S. Kubojiri Police Chief Paul K. Ferreira Deputy Police Chief SUBJECT: CHANGE OF ZONE APPLICATION (REZ 14-000185) APPLICANT: HARRY AND SANDRA FREITAS REQUEST: AGRICULTURAL A -20A TO AGRICULTURAL A -5A FOR A 50 ACRE PARCEL; TAX MAP KEY: 1-8-005:133 Staff, upon reviewing the provided documents, does not anticipate any significant impact to traffic and/or public safety concerns. Thank you for allowing us the opportunity to comment. If you have any questions, please contact Captain Samuel Jelsma, Puna Patrol, at 965- 2716. SJ:IIi 150006 5 'S Planning Dept. Exhibit "Hawai' i County is an Equal Opportunity Provider and Employer" u " " William P. Kenoi Mayor January 12, 2015 County of 2"aWail 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 Darren J. Rosario Fire Chief Renwick J. Victorino Deputy Fire Chief SUBJECT: CHANGE OF ZONE APPLICATION (REZ 14-000185) APPLICANT: HARRY AND SANDRA FREITAS REQUEST: AGRICULTURAL A -20a to AGRICULTURAL A -5a for A 50 -ACRE PARCEL TAX MAP KEY: 1-8-005:133 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. Planning opt. SCANNED Ely; Hazuai'i Counh/ is as Equal Opporhmihj Provider and Eznployez. pats KV - DATE aRECTbR ..-..._..- [)WUry Wt. SECRETARY G RANGE DWKav I PLANNEP. SHORT RAN PLANNIVI .-January-44 - - DRAF ING 5 -. . 1 DRAFTSMAN ...__, ..... _..... _._._........__. GENERAL ADM z I SECRETARY T:; I...._.. --..1$.1.L2 Fire -Hydrant Systems. Plans and specifications for fire hydrant systems shall be submitted I FILE l sEt W to the fire depa is Ont fOr review and approval prior to construction. I CIRCULATE i "• p. I DPAPTRE?L" �C~ 18.1.1.2.1 Fire Hydrant use and Restrictions. No unauthorized person shall use or operate any IEMARKS .-.._.,.4. ...: ._ .� __.Eire -,hydrant unless such .pexson first secures permission or a permit from the owner or representative _-----"�f � 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 Farages, carports, sheds, agricultural buildings, and detached buildings or structures 400ft (37 m) or less are present, the requirements of 18.2.3.1 through 18.2.3.2.1 shall be permitted to be modified by the AHJ. Duane Kanuha January 12, 2015 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 January 12, 2015 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 I ft drop in 20 ft (0.3 in drop in 6 m) or the design limitations of the fire apparatus of the fire department, and shall be subject to approval by the AHJ. Duane Kanuha January 12, 2015 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 January 12, 2015 Page 6 18.2.4.2.3 Roads, trails, and other accessways that have been closed and obstructed in the manner prescribed by 18.2.4.2.1 shall not be trespassed upon or used unless authorized by the owner and the AHJ. 18.2.4.2.4 Public officers acting within their scope of duty shall be permitted to access restricted property identified in 18.2.4.2.1. 18.2.4.2.5 Locks, gates, doors, barricades, chains, enclosures, signs, tags, or seals that have been installed by the fire department or by its order or under its control shall not be removed, unlocked, destroyed, tampered with, or otherwise vandalized in any manner. 18.3 Water Supplies and Fire Hydrants 18.3.1 * A water supply approved by the county, capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facilities or buildings, or portions thereof, are hereafter constructed, or moved into or within the county. When any portion of the facility or building is in excess of 150 feet (45 720 mm) from a water supply on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided when required by the AHJ. For on-site fire hydrant requirements see section 18.3.3. EXCEPTIONS: 1. When facilities or buildings, or portions thereof, are completely protected with an approved automatic fire sprinkler system the provisions of section 18.3.1 may be modified by the AHJ. 2. When water supply requirements cannot be installed due to topography or other conditions, the AHJ may require additional fire protection as specified in section 18.3.2 as amended in the code. 3. When there are not more than two dwellings, or two private garage, carports, sheds and agricultural. Occupancies, the requirements of section 18.3.1 may be modified by AHJ. 18.3.2* Where no adequate or reliable water distribution system exists, approved reservoirs, pressure tanks, elevated tanks, fire department tanker shuttles, or other approved systems capable of providing the required fire flow shall be permitted. 18.3.3* The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on a fire apparatus access road on the site of the premises or both, in accordance with the appropriate county water requirements. 18.3.4 Fire Hydrants and connections to other approved water supplies shall be accessible to the fire department. Duane Kanuha January 12, 2015 Page 7 18.3.5 Private water supply systems shall be tested and maintained in accordance with NFPA 25 or county requirements as determined by the AHJ. 18.3.6 Where required by the AHJ, fire hydrants subject to vehicular damage shall be protected unless located within a public right of way. 18.3.7 The AHJ shall be notified whenever any fire hydrant is placed out of service or returned to service. Owners of private property required to have hydrants shall maintain hydrant records of approval, testing, and maintenance, in accordance with the respective county water requirements. Records shall be made available for review by the AHJ upon request. C— 18.3.8 Minimum water supply for buildings that do not meet the minimum County water standards: Buildings up to 2000 square feet, shall have a minimum of 3,000 gallons of water available for Firefighting. Buildings 2001- 3000 square feet, shall have a minimum of 6,000 gallons of water available for Firefighting. Buildings, 3001- 6000 square feet, shall have a minimum of 12,000 gallons of water available for Firefighting. Buildings, greater than 6000 square feet, shall meet the minimum County water and fire flow requirements. Multiple story buildings shall multiply the square feet by the amount of stories when determining the minimum water supply. Commercial buildings requiring a minimum fire flow of 2000gpm per the Department of Water standards shall double the minimum water supply reserved for firefighting. Fire Department Connections (FDC) to alternative water supplies shall comply with 18.3.8 (1)-(6) of this code. NOTE: In that water catchment systems are being used as a means of water supply for firefighting, such systems shall meet the following requirements: (1) In that a single water tank is used for both domestic and firefighting water, the water for domestic use shall not be capable of being drawn from the water reserved for firefighting; Duane Kanuha January 12, 2015 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 January 12, 2015 Page 9 greater than 2000square feet, but less than 3000 square feet and meets the minimum Fire Department Access Road requirements, the distance to the Fire Department Connection may be increased to 500 feet. (5) For buildings with an approved automatic sprinkler system, the minimum water supply required may be modified. If there are any questions regarding these requirements, please contact the Fire Prevention Bureau at (808) 932-2911. DARREN J. ROSARIO Fire Chief KV/lc DAVID 0/' GC S. CNANG GOVERNOR OF OF RA HAWAU IIf ACIOR) IDAND NATURALRESOURCES CO1,UD3,81 _ ON WATER RESOURCE:dAtiAGEA4NNI cc�GE an6 h'a � �►+v1Ptir rF STATE OF HAWAII c „ DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 OfV"A HONOLULU, HAWAII 96809 January 28, 2015 County of Hawaii Planning Department Attention: Mr. Jeff Darrow 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Darrow: via email: idarrow(ir co.hawaii.hi.us SUBJECT: Change of Zone Application (REZ 14-000185); Request: Agricultural A - 20a to Agricultural A -5a for a 50 Acre Parcel, Harry and Sandra Freitas, Applicant, Puna, Hawaii; TMK: (3) 1-8-005:133 Thank you for the opportunity to review and comment on the subject matter. The Department of Land and Natural Resources' (DLNR) Land Division distributed or made available a copy of your report pertaining to the subject matter to DLNR Divisions for their review and comments. At this time, enclosed are comments from the (i) Engineering Division, and (ii) Hawaii District Land Office on the subject matter. Should you have any questions, please feel free to call Kevin Moore at 587-0426. Thank you. Enclosure(s) Sincerely, ussell Y. Tsuji Land Administrator Planning ` Dept, F EB 61 2015 Exhibit 096690--'" January 8, 2015 MEMORANDUM DLNR Agencies: _Div. of Aquatic Resources _Div. of Boating & Ocean Recreation _XEngineering Division _Div, of Forestry & Wildlife _Div. of State Parks _Commission on Water Resource Management —Office of Conservation & Coastal Lands X Land Division – Hawaii District X Historic Preservation Russell Y. Tsuji, Land Administrator ZBJECT: Change of Zone Application (REZ 14-000185); Request: Agricultural A -20a to Agricultural A -5a for a 50 Acre Parcel LOCATION: Puna, Hawaii; TMK: (3) 1-8-005:133 APPLICANT: Harry and Sandra Freitas Transmitted for your review and comment is information on the above referenced application. We would appreciate your comments on this application. Please submit any comments by January 27, 2015. If no response is received by this date, we will assume your agency has no comments. If you have any questions about this request, please contact Kevin Moore at 587-0426. Thank you. Signe Print Date: cc: Central Files We have no objections. We have no comments. Comments are attached. E... OF Hq S DAVID Y. IGECARTV GOVERNOR OFHAWAU S CHANG ! AC I1NG C}IAIRPF7tSON t BOARD OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMEM i oS�and,and 'V."r• d�'P Fec` STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 SrateOfHa+ HONOLULU, HAWAII 96809 January 8, 2015 MEMORANDUM DLNR Agencies: _Div. of Aquatic Resources _Div. of Boating & Ocean Recreation _XEngineering Division _Div, of Forestry & Wildlife _Div. of State Parks _Commission on Water Resource Management —Office of Conservation & Coastal Lands X Land Division – Hawaii District X Historic Preservation Russell Y. Tsuji, Land Administrator ZBJECT: Change of Zone Application (REZ 14-000185); Request: Agricultural A -20a to Agricultural A -5a for a 50 Acre Parcel LOCATION: Puna, Hawaii; TMK: (3) 1-8-005:133 APPLICANT: Harry and Sandra Freitas Transmitted for your review and comment is information on the above referenced application. We would appreciate your comments on this application. Please submit any comments by January 27, 2015. If no response is received by this date, we will assume your agency has no comments. If you have any questions about this request, please contact Kevin Moore at 587-0426. Thank you. Signe Print Date: cc: Central Files We have no objections. We have no comments. Comments are attached. DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LD/ Russell Y. Tsuji REF: Change of Zone Application (REZ 14-000185) for a 50 Acre Parcel, Puna Hawaii.002 COMMENTS (X) We confirm that the project site, according to the Flood Insurance Rate Map (FIRM), is located in Flood Zone X. The National Flood Insurance Program does not have any regulations for developments within Zone X. () Please take note that the remainder of the project site according to the Flood Insurance Rate Map (FIRM), is located in Zones _ () Please note that the correct Flood Zone Designation for the project site according to the Flood Insurance Rate Map (FIRM) is () Please note that the project site must comply with the rules and regulations of the National Flood Insurance Program (NFIP) presented in Title 44 of the Code of Federal Regulations (44CFR), whenever development within a Special Flood Hazard Area is undertaken. If there are any questions, please contact the State NFIP Coordinator, Ms. Carol Tyau-Beam, of the Department of Land and Natural Resources, Engineering Division at (808) 587-0267. Please be advised that 44CFR indicates the minimum standards set forth by the NFIP. Your Community's local flood ordinance may prove to be more restrictive and thus take precedence over the minimum NFIP standards. if there are questions regarding the local flood ordinances, please contact the applicable County NFIP Coordinators below: () Mr. Mario Siu Li at (808) 768-8098 of the City and County of Honolulu, Department of Planning and Permitting. O Mr. Frank DeMarco at (808) 961-8042 of the County of Hawaii, Department of Public Works. () Mr. Carolyn Cortez at (808) 270-7253 of the County of Maui, Department of Planning. O Mr. Stanford Iwamoto at (808) 241-4896 of the County of Kauai, Department of Public Works. The applicant should include project water demands and infrastructure required to meet water demands. Please note that the implementation of any State-sponsored projects requiring water service from the Honolulu Board of Water Supply system must first obtain water allocation credits from the Engineering Division before it can receive a building permit and/or water meter. The applicant should provide the water demands and calculations to the Engineering Division so it can be included in the State Water Projects Plan Update. Additional Comments: () Other: Should you have any questions, please call Mr. Dennis Imada of the Planning Branch at 587-0257. Sign CARTY S. Oflfci, C LIEF ENGINEtR } Date State of FLOOD HAZARD REPORT;: �} n y i' `4- / OOC I125C''',. PANEL NOT PRINTED_ PANEL N,OT PRINTED iAREA AL, IN ZONE AREA ALL IN ZONE X) J, FLOOD ZONE DEFINITIONS PROPERTY INFORMATION SPECIAL FLOOD HAZARD AREAS SUBJECT TO INUNDATION BY THE 1%ANNUAL COUNTY: HAWAII CHANCE FLOOD—The I% annual chance flood (100-year flood), also known as the base TMK NO: (3)1-8-005-133 flood, is the food that has a 1% chance of being equaled or exceeded in any given year. PARCEL ADDRESS: 18-4233 N PSZYK ROAD The Special Flood Hazard is the area subject to flooding by the 1% annual chance flood. MOUNTAIN VIEW. Hi 96771 Areas of Special Flood Hazard include Zone A, AE, AH, A0. V, and VE. The Base Flood FIRM INDEX DATE: APRIL 02, 2004 Elevation (BFE) is the water-surface elevation of the 1% annual chance flood Mandatory LETTER OF MAP CHANGE(S): NONE flood insurance purchase applies in these zones: Zone A: No BFE determined. FEMA FIRM PANEL(S): 1551661100E Zone AE: BFE determined. PANEL EFFECTIVE DATE: PANEL NOT PRINTED ■ 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 sheei 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: Floodway areas in Zone AE. The fioodway is the channel of stream IMPORTANT PHONE NUMBERS plus any adjacent floodplain areas that must be kept free of encroachment so that the 1% annual chance flood can be carried without increasing the BFE. County NFIP Coordinator NON -SPECIAL FLOOD HAZARD AREA — An area in a low-to-moderate risk flood zone. County of Hawaii No mandatory flood insurance purchase requirements apply, but coverage is available in Frank DeMarco. CFM (808) 961-8042 participating communities. State NFIP Coordinator Zone XS (X shaded): Areas of 0.2% annual chance flood; areas of 1% annual Carol Tyau-Beam, P.E., CFM (808) 587-0267 Disclaimer. rhe Department , - :ural Resources chance flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 1% annual chance flood. assumes no responsibility arls.f; °ra:r s:<< ose of the inrormalia: Zone X: Areas determined to be outside the 0.2% annual chance floodplain. con. ferried in this report Viewers/Users are responsible for verifylrip accuracy of the information and agree to indemnify r* OLNR from a;;, OTHER FLOOD AREAS iiabdily, which may arise from its use. Zone D: Unstudied areas where flood hazards are undetermined, but flooding is tf,"his map ties beer, identified &_ 'PRELIMINARY' or 'r INOFFI+ IAL'. please nofu that it is being provided for informalionat purposes and is possible. No mandatory flood insurance purchase requirements apply, but coverage not to be used for ofciaFMegal decisions, regulatory compliance. or flood is available in participating communities. insurance raring Contact your county NFtP coordinato, for food nine determinations to he used for compliam:e with fccel floodplain iranagement regulations S E.. OFy h9 P DAVID Y. 1GE f b a ! CARTY S. CHANG GOVERNOR OF HAWAII iI AC74dG CHAIRPk7t$ON BOARD OF LAND ANl) NANRAL RESOURCES CM&IISSION ON WATER RESOURCE MANAMM 1' TOfH andSTATE OF HAWAIIDEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOLULU, HAWAII 96809 January 8, 2015 MEMORANDUM TO: DLNR Agencies: _Div. of Aquatic Resources _Div. of Boating & Ocean Recreation X Engineering Division _Div. of Forestry & Wildlife _Div. of State Parks _Commission on Water Resource Management _Office of Conservation & Coastal Lands X Land Division — Hawaii District X Historic Preservation FROM: Russell Y. Tsuji, Land Administrator SUBJECT: Change of Zone Application (REZ 14-000185); Request: Agricultural A -20a to Agricultural A -5a for a 50 Acre Parcel LOCATION: Puna, Hawaii; TMK: (3) 1-8-005:133 APPLICANT: Harry and Sandra Freitas Transmitted for your review and comment is information on the above referenced application. We would appreciate your comments on this application. Please submit any comments by January 27, 2015. If no response is received by this date, we will assume your agency has no comments. If you have any questions about this request, please contact Kevin Moore at 587-0426. Thank you. ( ) We have no objections. We have no comments. ( ) Comments are attached. Signet;._"_ Print name:- �p.7r9fii r, f -x Date: /' Z �, �'` cc: Central Files DAVID Y. IGE GOVERNOR OF HAWAII February 26, 2015 STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES STATE HISTORIC PRESERVATION DIVISION KAKUHIHEWA BUILDING 601 KAMOKILA BLVD, STE 555 KAPOLET, HAWAII 96707 Duane Kanuha Planning Director County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-4224 Attn. Jeff Darrow Dear Mr. Kanuha: CARTYS.CHANG INTERIMCHAIRPERSON 130ARD OF LAND ANO NATURAL -RESOURCES 321IS11ON ON WATER RESOURCE MANAGEMETTI DANIEL S. QUINN INTERIM FIRST DEPUTY W. ROY HARDY ACTING DM," DIRECTOR- WATER AQUATIC RESOURCES BOATING AND OCEAN RECREATION BUREAU OF CONVEYANCES COMMLS'ION ON WATER RESOURCE MANAGEMENT CONSERVATION AND COASTAL LANDS CONSERVATION AND RESOURCES ENFORCEMENT ENGINEERING FORESTRY AND WILDLIFE IRSTORIC PRESERVATION KAHOOIA W E ISLAND RESERVE COMMISSION LAND STATEPARKS LOG NO: 2015.00021 DOC NO: 1502SN21 Archaeology SUBJECT: Chapter 6E-42 Historic Preservation Review — CIZ Application from Agricultural (A -20a) to Agricultural (A -5a) for a 50 -acre Parcel `Ola`a Ahupua`a, Puna District, Island of Hawaii TMK: (3) 1-8-005:133 Thank you for the opportunity to review this application that was received by our office on January 5, 2015. We apologize for the delay and appreciate your patience. The application is to change the zoning from an Agricultural (A -20a) to an Agricultural (A -5a) district in order to subdivide the parcel into six (6) lots. The purpose of this subdivision is to provide for family legacy and inheritance. The 50 -acre parcel will be divided into the following: Lot 1 (11.8 acres), Lot 2 (7.5 acres), Lot 3 (6.1 acres), Lot 4 (9.6 -acres), Lot 5 (7.0 acres), and Lot 6 (6.0 -acres), including a single roadway that will provide access to all lots. A review of our records indicates that there are no known archaeological sites, and that there has been no archaeological inventory survey (AIS) of this project area. Our records also indicate the area was cleared for sugarcane cultivation in the past, and that it is unlikely that any archaeological features remain. Aerial photos confirm that the parcel has been impacted by its former and current uses. Based on current information, SHPD believes that no historic properties will be affected by the approval of this change in zoning. In the unlikely event that historic properties such as lava tube openings, concentrations of artifacts, structural remains or human skeletal remains are found 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)933-7651. Please contact Sean Naleimaile at (808) 933-7651 or at Sean.P.Naleimailena.Hawaii. og_v if you have any questions or concerns regarding this letter. Aloha, 3 Susan A. Lebo, PhD Oahu Lead Archaeologist Acting Archaeology Branch Chief cc: Kevin Moore — Land Division (Kevin.E.Moore( hawaii.gov) S CA NTNED Planning ept. - Exhibit0 DAVID Y. IGE GOVERNOR OF HAWAII MEMORANDUM DATE: January 26, 2015 Y!4GINIA PRESSLER, M.D. DIRECTOR OF HEALTH STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 TO: Duane Kanuha Planning Director, County of Hawaii FROM: Newton Inouye 04 - District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 14-000185) Applicant: Harry and Sandra Freitas Request: Agricultural A -20a to Agricultural A -5a for a 50 Acre Parcel Tax Map Key: 1-8-005:133 The Department of Health (DOH), Clean Water Branch (CWS), acknowledges receipt of the subject document on January 5, 2015. The CWB has reviewed the limited information contained in the subject document and offers the following comments: Permit Issuance * Any project and its potential impacts to State waters must meet the State's: 1) Antidegradation policy, which requires that the existing uses and the level of water quality necessary to protect the existing uses of the receiving State water be maintained and protected; 2) Designated uses, as determined by the classification of the receiving State waters; and 3) Water quality criteria [Hawaii Administrative Rules (HAR), Chapter 11-54], 'r A Section 401 Water quality Certification (WQC) is required if your project/activity: - Requires a federal permit, license, certificate, approval, registration, or Statutory exemption; and - May result in a discharge into State waters. The term "discharge" is defined in Clean Water Act, Subsections 502(16), 502(12), and 502(6 Examples of "discharge" include, but are not limited to, allowing the following pollutants to enter State waters from the surface or in -water. solid waste, rock/sand/dirt, heat, sewage, construction debris, any 4z CL &Ik4b C _Q C a X CL w ISCANNED By:.116 5 4 Duane Kanuha January 26, 2015 Page 2 of 4 underwater work, chemicals, fugitive dust/spray/paint, agricultural wastes, biological materials, industrial wastes, concrete/sealant/epoxy, and washing/cleaning effluent. Determine if your project/activity requires a federal permit, license, certificate, approval, registration, or statutory exemption by contacting the appropriate federal agencies (e.g. Department of the Army (DA), U.S. Army Corps of Engineers (COE), Pacific Ocean Division Honolulu District Office (POH) Tel: 808-835-4303; U.S. Environmental Protection Agency Tel: 415-947-8021; Federal Energy Regulatory Commission Tel: 866-208-3372; U.S. Coast Guard Office of Bridge Programs Tel: 202-372-1511). To request a Section 401 WQC, you must complete and submit the Section 401 WQC application. This application is available on the e -Permitting Portal website located at: https•//eha-cloud.doh.hawaii.gov/epermit/. Please see HAR, chapter 11-54 for the State' Water Quality Standards and for more information on the Section 401 WQC. HAR, Chapter 11-54 is available on the CWB website at: http://health.hawaii.gov/cwb/. National Pollutant Discharge Elimination System (NPDES) permit coverage is required for: -Storm water associated with construction activities for land disturbances of one (1) acre or more. Land disturbance includes, but is not limited to, clearing, grading, grubbing, excavation, demolition, uprooting of vegetation, equipment staging, and storage areas. -Storm water associated with industrial activities for facilities with Standard Industrial Classification Codes regulated in 40 CFR 122.26(b)(14)(i) through (ix) and (xi). -Storm water and certain non -storm water from a small Municipal Separate Storm Sewer System. -Discharges of water pollutants into State surface waters. Examples of these discharges include, but are not limited to, cooling water, hydrotesting waters, dewatering effluent, and process wastewater. -Discharges from the application of pesticides (including pesticides, herbicides, fungicides, rodenticides, and various other substances to control pest) to State waters. An application for an NPDES individual permit must be submitted at least 180 calendar days before the commencement of the discharge or start of construction activities. To request and NPDES individual permit, you must complete and submit the NPDES individual permit application. This application is available on the e -Permitting Portal website located at: https://eha-cloud.doh.hawaii.gov/epermit/. Duane Kanuha January 26, 2015 Page 3 of 4 A Notice of Intent (NOI) for coverage under a specific NPDES general permit must be submitted at least 30 calendar days before the commencement of the discharge or start of construction activities. To request NPDES general permit coverage, you must complete and submit the NOI. The NOI is available on the e -Permitting Portal website located at: https://eha-cloud.doh.hawaii. p,ov/epermit/. Please see HAR, Chapter 11-55 for more information on the NPDES individual permit and NPDES general permits. The specific NPDES general permits located in HAR, Chapter 11-55, Appendices B through M. HAR, Chapter 11-55 and HAR, Chapter 11-55, Appendices B through M are available on the CWB website at: http://health.hawaii.gov/cwb/. • According to State law, all discharges related to the project construction or operation activities, whether or not NPDES permit coverage and/or Section 401 WQC are required, must comply with the State's Water Quality Standards. Monitoring • Effluent discharge and/or receiving water monitoring may be required as conditions of Section 401 Water Quality Certifications and NPDES General and Individual permits. Enforcement Noncompliance with water quality requirements contained in HAR, Chapter 11-54 and/or permitting requirements specified in HAR, Chapter 11-55 may be subject to penalties of $25,000 per day per violation. • Violations of Hawaii Revised Statutes 342D and 342E may elicit administrative, civil and criminal penalties for such violations. Polluted Runoff Control • Manage projects identified in watershed -based plans that reduce polluted runoff and educate the public about nonpoint source pollution. Projects are selected through an annual request for proposals. Funding is provided by the EPA through the Clean Water Act. For more information on projects and funding opportunities, please visit: www.hawaii.gov/doh/pollutedrunoffcontrol. If you have any questions, please contact Mr. Alec Wong, Supervisor of the Engineering Section, CWB, at (808) 586-4309. Lands formerly used for sugarcane production are now being developed into communities where residential homes, schools and commercial businesses are being constructed. Chemicals Duane Kanuha January 26, 2015 Page 4 of 4 associated with the sugarcane industry persist in soil today and may be a threat to public health and the environment. Elevated arsenic levels were discovered in soil at former sugarcane production areas on the islands. The HEER Office has identified former sugarcane production areas for assessment throughout the state and plans to work with property owners to conduct environmental assessments to identify and address elevated soil arsenic levels prior to finalizing development plans for the properties. We recommend that you review all of the Standard Comments on our website: http•//hawaii gov/health/environmental/env-planning/landuse/laiiduse.html. Any comments specifically applicable to this project should be adhered to. The same website also features a Healthy Community Design Smart Growth Checklist (Checklist) created by Built Environment Working Group (BEWG) of the Hawaii State Department of Health. The BEWG recommends that state and county planning departments, developers, planners, engineers and other interested parties apply the healthy built environment principles in the Checklist whenever they plan or review new developments or redevelopments projects. We also ask you to share this list with others to increase community awareness on healthy community design. WORD: REZ 14-000185.ni William P. Kenoi Mayor ! Duane Kanuha Director r I() Bobby Command - i v Deputy Director County of Hawaii PLANNING DEPARTMENT PUNA COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 • Fax(808)961-8742 MEMORANDUM Date: January 13, 2015 To: Duane Kanuha, Planning Director From: Patti Pinto, Puna CDP Action Committee Chair Subject: Change of Zone Application (REZ 14-000185) Applicant: Harry and Sandra Freitas Request: A -20a to A -5a Tax Map Key: 1-8-005:133 At our January 13, 2015 meeting the Action Committee of the Puna Community Development Plan considered the subject application for a change of zone (REZ 14-000185) from agricultural 20 acres (A -20a) to agricultural 5 acres (A -5a) by Harry and Sandra Freitas for a proposed six (6) lot family subdivision. We would like to offer the following comment on the request: We find the change of zone request to be consistent with the Puna Community Development Plan Section 3.2 on Agriculture and Economic Development. • Many areas formerly in sugarcane production and highly suitable for diversified crops are not available for small farming operations. With a minimum lot size of five (5) acres, considered a threshold between agriculture (A) zoning and family agricultural (FA) zoning (Hawaii County Code, Section 25-5-60), we believe that the proposed change of zone and six (6) lot family subdivision will enhance the agricultural use of the acreage for family related agriculture purposes. This further provides economic opportunity for Upper Puna through the possibility of commercial agriculture activity. Thank you for extending the opportunity to comment on this Change of Zone application. Sincerely, Planning Dept Exhibit --- ;1_9 --- Patti Pinto SCANNED Chair, PCDP Action Committee Hawaii County is an Equal Opportunity Provider and Employer6 Ted H.S. Honk Attorney at Law Employmcnt, Workplacc Law & Litigation Sue Lee Loy Planner and Legal Assistant January 14, 2015 Assistant Police Chief Henry Tavares County of Hawaii Police .Department 349 Kapiolani Street Hilo, Hawaii 96720 RE: CHANGE OF ZONE APPLICATION (REZ 14-00185) APPLICANT: HARRY AND SANDRA FREITAS REQUEST; AGRICULUTRAL A -20a TO AGRICULUTRAL A -5a TIMK (3)1-8-005:133 Dear Assistant Chief Tavares: Thank you for your letter dated January 7, 2015 regarding the above -reference application. We appreciate your attention to this matter and your confirmation that the proposed project is not anticipated to have any significant impact to traffic and/or public safety concerns. Our office will work with the Planning Department to ensure this information is included in the application record that is transmitted to the Planning Commission and the Hawaii County Council. c: Planning Department Sincerely, ong, q r Planning Dept. Exhibit..] Post Office Box 4217 Hilo, Hawaii 96720 Phone: (808) 933-1919 Fax: (808)935-8283 Email: ted@tedhonglaw.eo Ted H.S. Hong Attorney at Lava Fmpliroment, lb'arl:place La rcr Litigation Sue Lee Loy Plannn and Legal Assistant February 3, 2015 Bobby -Jean Leithead Todd, Director County of Hawaii Department of Environmental Management 345 Kekuanaoa Street, Suite 41 Hilo, Hawaii 96720 RE: CHANGE OF ZONE APPLICATION (REZ 14-00185) APPLICANT: HARRY AND SANDRA FREITAS REQUEST; AGRICULUTRAL A -20a TO AGRICULUTRAL A -5a TIMK (3)1-8-005:133 Dear Ms. Leithead Todd: Thank you for your letter dated January 5, 2015 regarding the above -reference application. We appreciate your attention to this matter and your Department of Wastewater has no comments to offer at this time. Our office will work with the Planning Department to ensure this information is included in the application record that is transmitted to the Planning Commission and the Hawaii County Council. Sincerely, ed H. Hong, s. ` c: Planning Department Post Office Box 4217 Hilo, Hawaii 96720 Phone: (808) 933-1919 Fax: (808)935-8283 Email: ted@tedhonglaw.com Ted H.S. Hong Attorney at Law Fmplovmcnt, Norkplacc Lasa cr Litigation Sue Lee Loy Planner and Lcgal Assistant February 3, 2015 Patti Pinto, Chair Puna Community Development Plan Action Committee County of Hawaii Planning Department 101 Aupuni Street, Suite 3 Hilo, Hawaii 96720 RE: CHANGE OF ZONE APPLICATION (REZ 14-00185) APPLICANT: HARRY AND SANDRA FREITAS REQUEST; AGRICULUTRAL A -20a TO AGRICULUTRAL A -5a TfMK (3)1-8-005:133 Dear Chair Pinto: Thank you for your letter dated January 13, 2015 regarding the above -reference application. We appreciate your attention to this matter and you and your committee's findings that the change of zone request is consistent with the Puna Community Development Plan. We further appreciate your acknowledgment that a six (6) lot family subdivision will enhance the agricultural use of the acreage for family related agricultural purposes. Our office will work with the Planning Department to ensure this information is included in the application record that is transmitted to the Planning Commission and the Hawaii County Council. Sincerely, ed H. . Hong, sq. c: Planning Department Post Office Box 4217 Hilo, Hawaii 96720 Phone: (808) 933-1919 Fax: (808)935-8283 Email: ted@tedhonglaw.com Ted H.S. Hong Attorney at Law Employment, Workplace Law c- L it igation Sue Lee Loy Planner and LegalAssistant February 3, 2015 Darren J. Rosario, Fire Chief County of Hawaii Fire Department 25 Aupuni Street, Suite 2501 Hilo, Hawaii 96720 RE: CHANGE OF ZONE; APPLICATION (REZ 14-00185) APPLICANT: HARRY AND SANDRA FREITAS REQUEST; AGRICULUTRAL A -20a TO AGRICULUTRAL A -5a TIMK (3)1-8-005:133 Dear Chief Rosario: Thank you for your letter dated January 12, 2015 regarding the above -reference application. We appreciate your attention to this matter. As we move through subsequent phases of this application and further development of this family subdivision we look forward to working with you and your staff. Our office will work with the Planning Department to ensure this information is included in the application record that is transmitted to the Planning Commission and the Hawaii County Council. Sincerely, W/ _ / ed H. S. Hong, .sq. c: Planning Department Uy6859 i emran, .-•� 8 Post Office Box 4217 Ililo, liawai`i 96720 Phone: (808) 933-1919 Fax: (808)935-8283 Email: ted@tedhonglaw.com Ted H.S. Honk Attorney at Law Employment, Worlplace Lawes Litigation Sue Lee Loy Planner and Legal Assistant February 3, 2015 Russell Y. Tsuji, Administrator State of Hawaii Department of Land and Natural Resources Attn: Engineering Division Post Office Box 621 Honolulu, Hawaii 96809 RE: CHANGE OF ZONE APPLICATION (REZ 14-00185) APPLICANT: HARRY AND SANDRA FREITAS REQUEST; AGRICULUTRAL A -20a TO AGRICULUTRAL A -5a TIMK (3)1-8-005:133 Dear Mr. Tsuji: �Fr Thank you for your letter dated January 8, 2015 regarding the above -reference application. We appreciate your attention to this matter and confirmation from you Engineering Division that the subject property is according to the Flood Insurance Rate Map (FIRM) is located in the Flood Zone X and the National Flood Insurance Program does not have any regulations for development within Zone X. Our office will work with the Planning Department to ensure this information is included in the application record that is transmitted to the Planning Commission and the Hawaii County Council. Sincerely, ell. . Hon , Esq. c: Planning Department Post Office Box 4217 Hilo, Hawaii 96720 Phone: (808) 933-1919 Fax: (808)935-8283 Email: ted@tedhonglaw.com Ted H.S. Hon Attorney at Law Lniployment, Workhlacc Lav c- Litigation Sue Lee Loy Planner and Legal Assistant February 3, 2015 Mr. Gordon C. Heit State of Hawaii Department of Land and Natural Resources Land Division Post Office Box 621 Honolulu, Hawaii 96809 RE: CHANGE OF ZONE APPLICATION (REZ 14-00185) APPLICANT: HARRY AND SANDRA FREITAS REQUEST; AGRICULUTRAL A -20a TO AGRICULUTRAL A -5a TIMK (3)1-8-005:133 Dear Mr. Reit: Thank you for your letter dated January 8, 2015 regarding the above -reference application. We appreciate your attention to this matter and your department no comments to offer at this time. Our office will work with the Planning Department to ensure this information is included in the application record that is transmitted to the Planning Commission and the Hawaii County Council. Sincerely, J d ff. 9. Hond Hon,1~ c: Russell Y. Tsuji, DI,NR Land Administrator Planning Department Post Office Box 4217 Hilo, fIawai`i 96720 Phone: (808) 933-1919 Fax: (808)935-8283 Email: ted@tedhonglaw.com RFreitasREZ 14-185.jwd-03/25/15 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION HARRY AND SANDRA FREITAS CHANGE OF ZONE APPLICATION (REZ 14-000185) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that an unfavorable recommendation for a Change of Zone request from an Agricultural 20 -Acre (A -20a) to an Agricultural 5 -Acre (A -5a) zoning district be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. This unfavorable recommendation is based on the following findings: The Applicants are requesting a Change of Zone from an Agricultural — 20 acres (A -20a) to an Agricultural — 5 acres (A -5a) zoning district for 50 acres of land to subdivide the property into 6 lots and provide an inheritance and legacy for their children. There is an existing dwelling on the property and the remainder of the property has been used as pasture. Based on the current zoning of A -20a, the Applicants can subdivide the 50 -acre property into 2 lots provided that the requirements of the Subdivision Code can be satisfied. In considering a change of zone initiated by a property owner or other person which proposes to change the zoning district classification of any property, the Planning Director shall consider the purposes of the existing and proposed zoning district and the purposes of the Zoning Code (Chapter 25 of the Hawaii County Code) and shall recommend a change of zone only where it will result in a more appropriate land use pattern that will further the public necessity and convenience and the general welfare, and be consistent with the goals, policies and standards of the General Plan as well as the standards of the Zoning Code. The Zoning Code for the County of Hawaii is the legal instrument that regulates the use of land. The Zoning Code implements the General Plan and is a document dealing with existing conditions and shorter range needs. The Zoning Code is the -1- Attachment to: Bill 60 (Comm. 330) County's primary land use control. The Zoning Code sets out the various types of zoning districts and uses allowed within each district. Zoning maps, established by ordinance, defines the zoning districts for the island on a parcel -by -parcel basis. A change of zone is the primary method for changing the allowed uses of land. A change of zone must be consistent with the General Plan, including the Land Use Pattern Allocation Guide Map. Beyond consistency with the LUPAG Map, other factors to be taken into consideration, as explained further below, ensures the suitability of the property, its surrounding area and support facilities to accommodate the proposed change of zone action. These include proximity to roads, utilities, and public services, environmental factors such as drainage, slope, and soil types, and other community and public concerns. This unfavorable recommendation is based on several negative factors. One of the negative factors is that the request does not meet the concurrency standards for water as required by the Zoning Code (Chapter 25 of the Hawaii County Code). Discussion regarding the proposal for use of a private water catchment system in lieu of a public water system or private water system equivalent to the requirements of the Department of Water Supply. In 2007, the Hawaii County Council approved Ordinance 07 99, that added a new section to the Zoning Code relating to concurrency conditions. As part of this ordinance, the Council found that it was desirable to have standard expectations for water supply for change of zone actions. As a result, Section 25-2-46(m) (Concurrency) was added to the Zoning Code, which states "A change of zone application shall not be granted unless: (1) the department of water supply has determined that it can meet the water requirements of the project and issue water commitments using its existing system; or (2) specific improvements to the existing public water system, or a private water system equivalent to the requirements of the department of water supply will be provided to meet the water needs of the project and conditions of zoning delay occupancy until the necessary improvements are actually constructed." The Applicants propose to utilize a private catchment water system to support the proposed subdivision, in lieu of a public water system or a private water system -2- equivalent to the requirements of the Department of Water Supply, which clearly does not meet the concurrency requirements of the Zoning Code. The subject property is not connected to the County's public water system. The nearest public water system is approximately 0.8 mile (or approximately 4,300 feet) from the subject property. Extensive water system improvements, which may include source development and transmission facilities, would be needed to bring County water to the subject property. The cost upon the Applicants to improve the existing County water system to provide water to the subject property will not be feasible. Another concurrency option available to the Applicants is to build a private water system equivalent to the requirements of the Department of Water Supply. The Department of Water Supply's Water System Standards for a private water system consists of two (2) wells of equal capacity, transmission waterlines, and an off-site 100,000 -gallon concrete reservoir located 100 feet above the highest elevation of the subject property. Water pumped from the new well(s) will be stored in the off-site reservoir, then gravity -flowed through a transmission system to the individual lots in the event that the two wells become non -operational during events like a power or pump failure. The estimated cost for the private water system improvements may be up to $2.2 million, again not a feasible alternative. Applicants' discussion regarding the provision of water service to the proposed subdivision and concurrency requirements. The Applicants' acknowledge that the County's public water system cannot support the proposed subdivision because it would be unreasonable for them to design, drill and develop private wells and transmission system. They cite adequate rainfall of 180 to 200 inches annually that will provide adequate water to support the proposed subdivision through the use of private water catchment systems. They also note subdivisions in the general area that were approved through the issuance of variances from the requirements of the Subdivision Code, thereby confirming the availability of rainfall as an alternative water source that satisfies the concurrency requirements of the Zoning Code, which is not an accurate claim. The Applicants' arguments fail to realize that these prior subdivisions approved through the issuance of a variance from the minimum water standards of the Subdivision -3- Code were based on existing zoning designations of A -5a. Based on existing zoning, the Subdivision Code and Department Rule provides landowners with an opportunity to seek a variance that would allow an agricultural subdivision of no more than 6 lots within an area with proven rainfall of not less than 60 -inches annually. The existing zoning of A - 20a for the Applicants' 50 -acre property would only allow for a 2 -lot subdivision, which would make them eligible to apply for a variance to allow for the use of a water catchment system to service the 2 -lot subdivision. However, the Applicants' change of zone request is to afford them the opportunity to further increase the number of subdivided lots beyond the 2 lots allowed by their current A -20a zoning. In summary, the Subdivision Code and Department Rule provides water service options based on zoning they currently have, but by asking for the privilege of a higher -density zoning, the County is obligated to ensure that public facilities, such as County water, is available to support the increase in density. This general area in Mountain View consists of lots that have maintained their original zoning since the adoption of the Zoning Code in 1967. As the Applicants' have indicated, variances from the Subdivision Code have been issued to allow the subdivision of lots in an area not serviced by a County water system, but based on existing zoning designations. The only incident of a change of zone that occurred to allow a subdivision without an adequate service off of a County water system is a 4 -lot subdivision located over a mile to the northeast of the subject property along North Kulani Road, which was approved in 1986, prior to the establishment of concurrency standards in 2007. Lastly, if concurrency requirements were to be deemed satisfied through the use of private water catchment systems, an unwanted precedent would be set that would allow any property owner, County -wide, to rezone their property into smaller lots and/or higher densities without the need for adequate support of public water system infrastructure. We say County -wide because it would be a new "standard" that other applicants would expect would be applicable to them. For example, in this area in the general vicinity of Mountain View, there are over 1,000 basically contiguous acres zoned A -20a consisting of 25 to 50 -acre lots that could potentially come in for a similar change of zone if private water catchment systems were allowed to meet minimum water ie requirements for a change of zone. Also consider that this compromise of the concurrency standards can easily be translated to urban areas as well, subjugating the legislative intent of the County's concurrency requirements to have standard expectations for water supply for new rezonings. The proposed change of zone from an Agricultural 20 -Acre (A -20a) to an Agricultural 5 -Acre (A -5a) zoning district does not conform to the goals, objectives and actions of the Puna Community Development Plan. Another negative factor supporting this unfavorable recommendation is that the request is not consistent with the goals, objectives and actions of the Puna Community Development Plan. Regional and/or Community Development Plans are intended to implement the broad goals within the General Plan on a regional basis. They serve to designate and coordinate detailed development patterns and infrastructure needs throughout the County. The plans detail land use policies and infrastructure priorities, transportation, recreation and other major land use policies within each area, and must be developed with participation by the affected communities and adopted by ordinance by the County Council. The Puna Community Development Plan was adopted by the Hawaii County Council, Ordinance 08 116, on September 10, 2008 and was amended: November 4, 2010 by Ordinance No. 10-104; June 8, 2011 by Ordinance Nos. 11-51, 11-52, & 11-53; and December 6, 2011 by Ordinance No. 11-117 &11-118. The Planning Department received a memo from the Puna Community Development Plan Action Committee. The memo stated: "We find the change of zone request to be consistent with the Puna Community Plan Section 3.2 on Agriculture and Economic Development. • Many areas formerly in sugar cane production and highly suitable for diversified crops are not available for small farming operations. With a minimum lot size of five (5) acres considered a threshold between agriculture (A) zoning and family agriculture (FA) zoning (Hawai`i County Code, Section 25-5-60), we believe that the proposed change of zone and (6) lot family -5- subdivision will enhance the agricultural use of the acreage for family related agriculture purposes. This further provides economic opportunity for Upper Puna through the possibility of commercial agriculture activity." The Planning Department has reviewed the overall direction and intent of the Puna Community Development Plan, and has determined that a clear direction of the plan is to discourage further subdivision of larger agricultural lots through the variance process, and to consider down -zoning of smaller ag lots, and to reduce the overall buildable lots in the Puna District. This appears to be contrary to the information provided by the Puna Community Development Plan Action Committee. The goals, objectives and actions for the Managing Growth and the Agriculture and Economic Growth sections of the Puna Community Development Plan calls for the management of growth and for the preservation of agriculture through the following listed Goals, Objectives and Actions of the Plan: Puna CDP - Managing Growth The Puna Community Development Plan seeks to manage growth by: encouraging a more efficient, environmentally sustainable land use pattern; reducing the number of and rearranging previously -approved subdivision lots; requesting the County to change the zoning of lots now inappropriately zoned for present and future use and growth; promoting agricultural use and other "green" employment in the district; promoting the use of renewable energy; improving the delivery of social services and housing assistance; and providing the necessary public services, parks and recreation opportunities in a manner that supports community -building and an improved quality of life. The principal tools to reshape future land use in Puna include: (1) land pooling to form village centers and grow town centers while preventing sprawl development; (2) adjustments to County and State tax codes to discourage land speculation and provide tax relief for long-time homeowners and renters and to provide an incentive for removing development rights from property; (3) district -wide rezoning and tighter restrictions on variances from subdivision standards to discourage further subdivision of properties that W are not within designated village/town centers; and (4) amendments to the County zoning code to discourage excessive lot clearance and speculative building practices. Goals • Reduced overall number of buildable lots in Puna. Objectives • Where possible, reduce density and build -out within the district by various means including selective rezoning. Actions • Propose amendments to the zoning code and/or apply district -wide rezoning to limit allowable building footprint on residential and agricultural -zoned lands, except for sites designated as village/town centers or for land pooling projects. Puna CDP - Agriculture and Economic Growth Despite an abundance of vacant lots within the Puna District, agricultural lands continue to be further subdivided, primarily through a variance process afforded through the Subdivision Code that provides relief from the water requirements (§23-84) and County -standard roads. Allowing a proliferation of such subdivisions further increases the vacant lot inventory, especially in areas not adequately serviced by County infrastructural facilities. Goals • Lands for agricultural use are preserved. Objectives • Discourage urban growth and further subdivision on lands that have been identified as having potential value for agricultural use through appropriate zoning re -designations and new code provisions. Actions • Recommend limiting variances that allow subdivisions that rely on water catchment or roads that do not meet subdivision road standards to a maximum of six lots, unless the subdivision results in lots averaging at least twenty acres in size or averaging at least four times the minimum lot size allowed by zoning, up to an absolute limit of twenty lots. Where lots were created by previous water -7- catchment and/or road variances, and the variance provided that further variances should not be allowed, enforce those provisions by denying further variances on such lots. • Consider down -rezoning of lands in Agricultural zoning districts to discourage further subdivision into small lots. Based on the above discussion, the proposed request is request is not consistent with the goals, objectives and actions of the Puna Community Development Plan, contrary to the recommendations of the Puna CDP Action Committee. The proposed Change of Zone from an Agricultural -20 acres (A -20a) to an Agricultural -5 acres (A -5a) zoning district does not conform to, among others, the following goals and policies of the Land Use and Land Use -Agriculture General Plan Elements. Lastly, the request is not consistent with the goals and policies of the Land Use and Land Use -Agriculture General Plan Elements, mainly because it does not have adequate water utilities to approve this change of zone request. The General Plan is the 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 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 located in an area identified as Important Agricultural Lands on the General Plan LUPAG Map. Important Agricultural Lands are those lands with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors. In The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The proposed request does not meet the following goals and policies of the Land Use and Land Use -Agriculture Elements of the General Plan: • 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. Zone urban- types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. Important agricultural lands shall not be rezoned to parcels too small to support economically viable farming units. As discussed above, the proposed request does not meet the minimum concurrency minimum concurrency standards for water for this new rezoning request and therefore, does not have adequate utilities to provide for the increase in density. The subject property is situated in an area identified as Important Agricultural Lands on the General Plan LUPAG Map, for which the General Plan discourages the rezoning of these lands to smaller agricultural lots that would make it more difficult to support viable agricultural farming on the smaller lots. Finally, of note is that Psyzk Road is a substandard County -maintained road, having a right of way of only 30 feet. Minimum standards for roadways within agricultural areas is a minimum 50 -foot wide right-of-way with 20 feet of agricultural - standard pavement. Further change of zone actions could lead to increased lot counts along a substandard road, which would create a burden upon the County to widen and improve this substandard road to accommodate the increase in traffic generated by a smaller -lot land use pattern that would be established in this particular area. Based on the above discussion, the Planning Director is recommending that the Windward Planning Commission send an unfavorable recommendation for the proposed change of zone request to the Hawaii County Council. VI Attachment to: Bill 60 (Comm. 330) State Land Use Boundary Map General Plan LUPAG Map County Zoning Map The applicants are requesting • A Change of Zone from an Agricultural — 20 acres (A -20a) to an Agricultural — 5 acres (A -5a) zoning district for 50 acres of land to subdivide the property into 61ots and provide an inheritance and legacy for their children. • Water needs are proposed to be met through privately owned catchment systems for the proposed 6 -lot subdivision if the Change of Zone request is approved. The Planning Director is recommending an unfavorable recommendation be forwarded to the Hawaii County Council for the following reasons • The proposed request does not meet the minimum water concurrency requirements as required by law. • The proposed request does not conform to the goals, objectives and actions of the Puna Community Development Plan. • The proposed request does not conform to, among others, the following goals and policies of the Land Use and Land Use - Agriculture General Plan Elements. The proposed request does not meet the minimum water concurrency requirements as required by law. • Section 25-2-46(m) (Concurrency) of the Zoning Code, states "A change of zone application shall not be granted unless • (1) the department of water supply has determined that it can meet the water requirements of the project and issue water commitments using its existing system; or • (2) specific improvements to the existing public water system, or a private water system equivalent to the requirements of the department of water supply will be provided to meet the water needs of the project and conditions of zoning delay occupancy until the necessary improvements are actually constructed." The implications that would result if concurrency requirements were deemed satisfied through private water catchment systems • An unwanted precedent would be set that would allow any property owner, CountK-wzde, to rezone their property into smaller lots and/or higher densities without the need for adequate support of public water system infrastructure. • For example, in this area in the general vicinity of Mountain View, there are over 1,000 basically contiguous acres zoned A -20a consisting of 25 to 50 -acre lots that could potentially come in for a similar change of zone if private water catchment systems were allowed to meet minimum water requirements for a change of zone. The proposed request does not conform to the goals, objectives and actions of the Puna Community development Plan: • The overall direction and intent of the Puna Community Development Plan is to discourage further subdivision of larger agricultural lots through the variance process, and to consider down -zoning of smaller ag lots, and to reduce the overall buildable lots in the Puna District. The Puna Community Development Plan — Managing Growth and Agriculture and Ecomonic Growth: • Goals Reduced overall number of buildable lots in Puna. • Objectives Where possible, reduce density and buildout within the district by various means including selective rezoning. • Actions Propose amendments to the zoning code and/or apply district - wide rezoning to limit allowable building footprint on residential and agricultural -zoned lands, except for sites designated as village/town centers or for land pooling projects. Consider down-rezonin of lands in Agricultural zoning districts to discourage �urther subdivision into small lots. The proposed request does not conform among others, the following goals and policies of the Land Use and Land Use - Agriculture General Plan Elements: • 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. • Important agricultural lands shall not be rezoned to parcels too small to support economically viable farming units. For the reasons stated, the Planning Director is recommending that the Planning Commission forward an unfavorable recommendation to the Hawaii County Council. Previous Approved Variances WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT APRIL 2, 2015 A regularly advertised hearing on the application of HARRY AND SANDRA FREITAS (REZ 14-185) was called to order at 9:02 a.m. in the County of Hawaii Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii with Chairman Myles Miyasato presiding. COMMISSIONERS PRESENT: Myles Miyasato, Charles Heaukulani, Gregory Henkel, Donald Ikeda, and Raylene Moses. ALSO PRESENT: Duane Kanuha (Planning Director), Belinda Hall (Deputy Corporation Counsel for the Windward Planning Commission), William Brilhante (Assistant Corporation Counsel for the Planning Director, from 9:10 a.m.), Daryn Arai (Planning Program Manager), Jeff Darrow (Staff Planner), Maija Jackson (Staff Planner), Christian Kay (Staff Planner), and Sarah Hata-Finley (Commission Secretary). And approximately 12 people from the public in attendance. APPLICANTS: HARRY AND SANDRA FREITAS (REZ 14-185) Application for a Change of Zone from an Agricultural -20 acres (A -20a) to an Agricultural -5 acres (A -5a) zoning district for 50 acres of land. The property is located at 18-4233 North Pszyk Road, `Ola`a Reservation Lots, Puna, Hawaii, TMK: 1-8-005:133. MIYASATO: First item on our agenda today, Harry and Sandra Freitas. Oh sorry. Sorry, I missed Maija, she was hiding behind the podium. DARROW: Thank you, Mr. Chairman. Good morning, members of the Planning Commission. Also, welcome Belinda. Thank you for helping us out this morning, our Corporation Counsel. If I can direct your attention to our presentation this morning. Our first applicants are Harry and Sandra Freitas. They are requesting a change of zone. The location of the subject application is within the Puna District of Hawaii, more specifically, we're looking in the Mountain View area. Just for reference, this white line running diagonal through the middle of the map is Volcano Highway or Highway 11. This particular area is focused in Mountain View. The subject property is identified with a black outline. The State Land Use for the property is Agriculture. This is the light green on the map. You'll also notice pink which identifies the Urban areas, and blue which represents Conservation along the highway. This is our General Plan Land Use Pattern Allocation Guide Map. The subject property is identified as Important Agricultural Lands. Attachment to: Bill 60 (Comm. 330) This is a zoomed in photo of our County zoning map. The subject property, again, is identified with a black outline. And for reference, we have Volcano Highway running in the middle of the map, and the location of the Mountain View town center. The dark green on the map represents Agricultural — 20 acres. The light green represents Agricultural - 5 acres. This is an aerial photo. Just for reference, the access road to the property from Volcano Highway is Pszyk Road. I hope I'm pronouncing that accurately. The Applicants are provided access through an easement on the adjoining property, and again, the subject property is identified with a black outline. - Currently, there is one dwelling located on the property. The Applicants are requesting a change of zone from Agricultural — 20 acres to an Agricultural — 5 acre zoning district for 50 acres of land to subdivide the property into six lots, and provide an inheritance and legacy for their children. Water needs are proposed to be met through privately owned catchment systems for the proposed 6 -lot subdivision if the change of zone request is approved. The Planning Director is recommending an unfavorable recommendation be forwarded to the Hawaii County Council for the following reasons. The proposed request does not meet the minimum water concurrency requirements as required by law. The proposed request does not conform to the goals, objectives, and actions of the Puna Community Development Plan. And lastly, the proposed request does not conform to, among others, the stated goals and policies of the land use and land use agricultural General Plan elements. We're gonna briefly discuss number 1. Number 2 and number 3 are discussed in more detail in the Recommendation. The proposed request does not meet the minimum water concurrency requirements as required by law. In 2007, the Hawai `i County Council had initiated an ordinance called concurrency to require that each zoning meet certain standards. Within that law, they were meeting standards for roadways and traffic as well as water. Since then, there's been additional areas added to the concurrency law including requirements for Civil Defense sirens. When, when they were proposing this ordinance, the Council found that it was desirable to have standard expectations for water supply for, for change of zone actions. So, Section 25-2-46, Subsection m of the Zoning Code states a change of zone application shall not be granted unless. I wanted to bring your attention to the word "shall." So that word is a strong word used in, in law, which mandates us that we have to follow this. It's not should or may. The Department, number 1, the Department of Water Supply has determined that it can meet the water requirements of the project and,issue water commitments using its existing system or number 2, specific improvements to the existing public water system or private water system equivalent to the requirements of the Department of Water Supply will be provided to meet the water needs of the project and conditions of zonings, delay occupancy until the improvements are actually constructed. 2 When we look at number 1, the, the nearest public water system is approximately 8/1Oths of a mile away from the property located near the highway. To be able to have the Applicant construct the improvements to bring the water system up to the property is unfeasible. When we look at number 2, it says specific improvements to the existing public water system, which we spoke about, unfeasible, or a private water system equivalent to the requirements of Department of Water Supply. We've—staff has met with the Department of Water Supply on numerous occasions to identify what these requirements are of the Department of Water Supply that are equivalent to a public system. We've been informed which is stated within the Recommendation that this consists of two wells of equal capacity, transmission water lines, and then off-site, 100,000 gallon concrete reservoir located 100 feet above the highest elevation of the subject property, which actually means that it has to be located off-site at a higher elevation for gravity flow. Obviously, when you're looking at this option, this is also unfeasible. So, again, as stated, when we look at an application, we need to see if, if this applies to the change of zone request. The Planning Department, I would say, if not on a daily basis, many times during the week, we receive inquiries, similar inquiries, about changing the zoning of a property without these specific requirements. We—our standard response is that you can submit an application, but by law, we will, be not supporting that change of zone going up to Council. Just to go on further, the implications that would result if concurrency requirements were deemed satisfied through private water catchment systems, it would be an unwarranted precedent that would set, that would allow any property owner, County -wide, to rezone their property into smaller lots and/or higher densities without the need for adequate support of public water system infrastructure. For example, in this general area of Mountain View, there are over 1,000 basically contiguous acre zoned Ag -20 consisting of 25- to 50 -acre lots that could potentially come in for similar change of zone if private water catchment systems were allowed to meet minimum water requirements for the change of zone. The, what—what I believe is happening at this time is there's more discussion regarding this, this area. Obviously, many areas around the Island do not have adequate public water systems, so what, what—what is happening currently, is there's discussions going on with, with people regarding the possibility of allowing change of zones maybe with various degrees of standards that may be created by the water supply instead of one specific standard that is unreasonable for most everyone to meet. Even developers would have a hard time meeting that. Or, again, we look to counsel for direction on this, because again, we're mandated by law that if, if these requirements aren't met, we need to forward an unfavorable recommendation. As mentioned, we go into greater detail regarding these issues in the Recommendation. For the reasons stated above, the Planning Director is recommending that the Planning Commission forward an unfavorable recommendation to the Hawaii County Council. That concludes our presentation. I'm ready to answer any questions if you have any. MIYASATO: Commission, Commissioner Ikeda. IKEDA: Mr. Darrow, is the adjacent property zoned five acres? DARROW: Let's go back to the—sorry about that. Okay, this is the County zoning map. All of the, a majority, if not all, there's a few change of zones that occurred within town as well as this blue portion, parcel, that's located on the right side of the map. The remainder of the properties that you see on this map consist of existing zoning. So, the light green, which is on the border of this, of the Applicant's property, is zoned Agricultural — 5 acres. The Applicant is requesting a similar allowance be given to them to be able to sub their --subdivide their property through a variance process. If you noticed that, these Agricultural — 5 acre lots, some of them consist of six lots, and that was a—an allowance granted to them through the Subdivision Code that if you have existing zoning, you can apply for a variance for up to six lots for water requirements, and so that's what they've done. These people had existing Agricultural — 5 acre zoning. In regards to the darker color, the lots again are all this, all similar at 50 acres. Their zoning of Agricultural — 2 acre [sic] 20 acres only allows the Applicants to subdivide into two lots. IKEDA: Okay. DARROW: And you'll notice, it's hard to see but there are a number of these lots that have been subdivided to 25 acres. IKEDA: Okay, thank you. MIYASATO: Commissioners, any questions for staff? I have one, Jeff. You know, as a follow up to that, for this variance, is it up to six lots, or can they do ten. DARROW: For a water variance under the Subdivision Code with existing zoning, it only allows up to six lots in the Agricultural District. MIYASATO: Okay, thank you. No other questions, Commissioners? Thank you. Could the Applicant or representative please come forward? HEAUKULANI: Mr. Chair? While the Applicant, counselor come forward, I just wanted to make a disclosure on the record. I do not have a conflict in this case, though I know both of the Applicants professionally. I appear before Judge Freitas regularly, and have litigated cases against Mrs. Freitas, but that professional relationship won't have anything, impact on my decisions in this matter. MIYASATO: Okay, thank you. Good morning, could you please raise your right hands? Do you swear or affirm to tell the truth on this matter now before the Hawaii County Planning Commission? HONG/FREITAS/LEE LOY: Yes. MIYASATO: Thank you. Do you have a presentation or a statement? C! HONG: Yes, good morning Mr. Chairman, Planning Director, and members of the Planning Commission. My name is Ted Hong. Sitting to my right is Harry Freitas, and to his right is Sue Lee Loy from my office. I'd like to briefly go over a few points this morning. I think what you have before you is a, a concrete example of an unintended consequence of the concurrency law. The intent was to divide the property into six parcels over six acres of—for his family, to live and conduct, or continue agricultural practices. But, under the concurrency law, what's going to happen is the requirements gonna be that he has to put in a 50 -foot right-of-way, curbs, gutters, sidewalks, fire hydrants, and connect to the County water supply, which when I talked to Kurt Inaba from the Water Department, said that even if my client, Harry Freitas, was actually Bill Gates in disguise and had all the money that Bill Gates had and could afford to connect to the County Water Supply or the County line along the highway, they would not let him do that. So, the suggestion that Jeff highlights that this is an option is really not an option, and is kind of ironic. The other alternative would be to build two 100,000 -gallon tanks above my client's property to service the property. And, why that it is an unintended consequence because what's really going to happen, or the result of this, is despite the fact that this property is in a part of our Island which gets over 200 inches of water per year, for catchment purposes, you're actually impeding, discouraging agriculture instead of promoting it. You're actually encouraging large, wealthy property owners to buy up these lots so they can build their McMansions and exclude local families from doing agriculture. You as, as we all know, the dynamic is changing in terms of this Island where you have a lot of families because of their age, the parents pass away and they're trying to give their property to their kids, and the kids try to subdivide it between the people and the property, they can't do that because of this concurrency law. And, it is an intended consequence. So, what you have before you is a negative recommendation, and we understand that the Commission has to follow the law, and I'm not here suggesting that you shouldn't follow the law. But, we only ask that in your recommendation to the County Council, you include a plea, a suggestion, that the Council revisit, redefine—or refine—the concurrency law, to meet the needs of local agriculture property owners who want to keep the property in ag and with their families. And, you see this unfortunately along the Hamakua Coast, where you see non-resident people, who have a lot of money buying large properties and going to keep them that way for their private estates. That shouldn't happen, and I don't think anybody here wants that to happen in other parts of our Island. But, that again, is an unintended consequence. I think the purpose and intent of the concurrency law was a good one. It addressed these issues where you'd have these kind of rogue developers out in Kona developing property without any water, but again one size doesn't fit all. And, you have this problem now before you, so we understand and we're not asking you to ignore your duties and responsibilities. Follow the law. We understand this is going to be a negative recommendation, but please, we ask you to consider including language in your recommendation that the Council needs to revisit this issue to refine it. Oh, I only note one more thing. On Page 5 of the Recommendation by the Planning Department, it does reference in bold letters at the top, first paragraph, the proposed change does not conform to the goals, objectives, actions of the Puna CDP. I just note in our Exhibit 10 is a letter from the Puna CDP people saying that it does, as far as they're concerned, it does conform, so, with that, Harry, do you want to say anything about the project? FREITAS: I'm good. HONG: Sue? LEE LOY: I do. I did want to expand a little bit on Commissioner Ikeda's request for additional information on adjacent properties. Yes, the adjacent property is zoned Ag -5, so we feel strongly that we're actually being consistent with what's already existing up in the area. And then to follow up on Myles' request, we went for six lots based on Mr. Freitas' family. It wasn't because we were looking at how does this fit. We went for what he wanted. And then when we submitted our subdivision, our conceptual subdivision plan, we took into consideration the existing cane haul roads that are on his property, so when you look at his subdivision, our conceptual subdivision plan, they're not five -acre lots. They're between six and about 12 acres, so each lot is different. It, it was meant to fit the existing topography and existing roads, or cane haul roads in the area. So, I just want to kind of share that information, but like Mr. Hong said, we, we think the situation is ripe—that we revisit the concurrency law. We have a lot of ag land here, Hamakua, Kohala. It's, it's time that we think about how that will impact our farmers, so thank you. MIYASATO: Thank you. HONG: If the Commission has any questions, Mr. Chairman, we'll be happy to entertain them. MIYASATO: Commissioners, any questions? IKEDA: I have a question. MIYASATO: Commissioner Ikeda. IKEDA: You know the, your—your easement, from what I gather it's only 45 feet, but I think the minimum standard is 50 feet of easement or right-of-way. Can you guys get that and you know because you guys five, five feet short, I think. Because from the information I got, it's only 45 feet— LEE LOY: --yah— IKEDA: --and you need to meet the 50 feet. LEE LOY: --right, and we've already had preliminary discussions with the adjacent property owner, but what's challenging is to go and get that type of agreement when we don't even know if we're gonna get the zone change. So, we don't mind including that as a condition of approval or even a covenant against, you know, subdivision that those things need to be met prior to occupancy. And, I know Mr. Darrow expanded on that section. There's some language within the concurrency law under that option to, that we could delay occupancy for, you know, certain 3 things to be met, and we'd be willing to work with staff and even members of the County Council to look at refining that to make sure certain covenants were in place so that the properties couldn't be transferred, to meet those types of requirements, but, more specifically, look at refining the water and how that's—they only have one, one example of how to meet water, and I think, I think there's some smart people out there who could tell you that 200 inches of water is more than enough for a single family resident. IKEDA: Now, can I ask you some stupid questions? FREITAS: Sure. IKEDA: Okay, you have a residence there? FREITAS: Yes, sir. IKEDA: And, how big is your water catchment? FREITAS: I have two water catchments on my property. One is 13,000 feet [sic], that's right next to my house. I'm sorry, 13,000 gallons right next to my house, that I use for my residence. I have another 13,000 gallon tank on the top of my property which I use to water my cows— IKEDA: Okay— FREITAS: --just so you know also, Mr. Ikeda, when I purchased this property back in 2000, the easement was 15 feet. I purchased the property right before the temple that owns the property that has the ease—that has the easement purchased. My road, the cane road, is not within the 15 - foot easement, so what I did, was I talked to the temple people, and I asked them if I could move my easement, instead of zero to 15, to 15 to 30, thinking that my cane road was in the 15 to 30 - foot easement. They said sure, so I went and checked it. I was wrong. It's in the 30 to 45 foot. So, what I did was I called the temple back up, and I said can I move it there? And, they said, well, what are we going to do with the other 30 feet? I said, I really don't know. I'm just using the road. They said why don't you just take the whole easement. Take the whole 45 feet, because, you know, the temple doesn't really do much on that property. I don't know if they do it for investing purposes or what, but I think, I'm not going to have a very difficult time convincing them to give me five more feet, when they've been kind enough to give me 45. IKEDA: Okay, I've got another stupid question. Have you ever run out of water? FREITAS: You know, I did that once, and that was this, I believe it was in February, and to be honest with you, I didn't really run out of my water, my wife kind of panicked. My catchment was still half full, and my wife went oh my god, I have no water, cause we have never, ever had our catchment half full, and the longest in the 12-14 years we've been there now, so when it got to that point, she kind of freaked out, and she had water brought in, but it never—that's the lowest I've ever had my water get. IKEDA: Okay, now that's, it's kind of trying to figure things out becausea, that's it. 7 MIYASATO: Thank you. Commissioners, any further questions? Director, you have any comments on the concurrency law or the Puna CDP? KANUHA: Unfortunately, the concurrency law, you know, is what it is. What I can share with you is that I've been in discussions with Water Supply on this, issues real similar to this, yeah. And, their posi—you know, because, what our recommendation is based on is on how they respond to applications that come into our office, and in this case, for rezoning. And, because of the concurrency requirement, their response has always been that, you know, either they can't provide water or they have no plans --and/or they have no plans to extend their system to service the proposed rezoning application. They make no commentary with regard to catchment systems even though, you know, one could interpret that a private system which can provide water to support the, the land use component, could serve that purpose. Nevertheless, you know, the strict reading of the law says that, that private system has to again meet what their standards is which a—you know, kind of gets outside of, of this particular realm. My understanding, though, is that based on what the concurrency requirement is, that's the only position they can take, although they really—it's similar to, if we look at how we would assess this if it was just a subdivision for a straight number of iots, what Water Supply will do is, is they again won't take a position on catchment systems especially in terms of approving the specifications, you know, how much water, what the components are of the system is. But, I, I believe there's some thinking going on within the Department that as long as the area doesn't get to a density which would require additional fire protection services, off the record, they would have no objections to catchment systems. But, their official commentary would be as they've stated for this, this application. So, I think it's an interesting, it's an interesting situation. What the Applicants have proposed, you know, if you support the Department's recommendation, and again it's only a recommendation, and whatever action you take would be another recommendation to the Council, right? The Council would have a, would have the final say on this. I think if we expanded the thought process on that a little more, if rezonings were be to, were to be considered using catchment systems, then what we would do is analyze the rezoning, very similarly, very similar to that of how we would analyze a subdivision, okay? We look at how much rainfall there is, what the minimum catchment requirements would be, you know, provided they, they meet those kind of criteria. But then, we would also look at the land use implications of this particular, of the particular application, and in this particular case, you know, if, if it looks like by supporting a rezoning in an area that abuts the kind of zoning they're asking for, five acres, but nevertheless is still in a, a substantial block of Ag -20 zoning, with you know lots that are big enough that could create additional requests for these kinds of zonings, then we would make our recommendation to the Commission based on those kinds of variables, okay. That's not to say that because the concurrency requirement is a, is legislative, you know, it was enacted by the Council. That's not to say that at the end of the day, the Council should be the one to determine whether or not particular areas like this should be opened up through the use of catchment systems for the rezoning aspect of it. You know, again, staff has indicated, and I think you all know that if it was a straight subdivision, without water, you know then catch, private catchment systems would be, would be the way, you know that's what we've been approving, therefore—so that's, you know just some commentary on that. With regard to the Puna CDP, I know the action committee has provided a recommendation but that recommendation in, in my mind, was more in regards to consistency with agricult—the agricultural component, rather than you know the land use aspects. MIYASATO: Thank you. HENKEL: Mr. Chair? MIYASATO: Commissioner Henkel. HENKEL: I don't have a problem other than that, you know, that catchment system is a private system, and, and you know I don't have a problem with concurrency, but it's the requirements of Department of Water Supply that I think are unfeasible because with filtration technology these days, a catchment system can actually deliver higher quality water than the County system. I don't drink County water. I run it through a filtration system before I drink it because it's got chlorine in it. You know, with ultraviolet and sediment filtration and stuff, the catchment can be very high. I, I think that, you know, they're meeting concurrency. They have a private system of catchment, but it's the requirements that are unreasonable set by the Department of Water Supply. That's my feeling. MIYASATO: Thank you, Commissioner. Any further comments? HONG: Mr. Chairman, if I could jump in. I mean, I agree with Mr. Henkel's statement, and I think that, and even the Planning Director's concerns, and I think this is an opportunity for some clarification of the concurrency law. And, I think that, I see this happening in terms of my practice where you have these older families trying to pass on properties, and they're trying to something with it, too. I think that if the Commission sends a negative recommendation to the Council with, you know, stating some of their concerns about the clarification needed to the concurrency law, you'll be ahead of that curve. You'll be ahead of that process to where, to the point where then all of a sudden in the five years, we're really, this is really going to be an issue. So, hopefully, this can by the opportunity for the Commission to identify concerns and the need for clarification from the Council before this problem really starts to get bad. MIYASATO: Thank you. If no further comments or questions, thank you, you can have a seat. HONG: Thank you. FREITAS: Thank you. 0 MIYASATO: We have no one signed up for public testimony. Is there anyone wishing to testify on this application? If not, can I have a motion to close public testimony. IKEDA: Move to close public testimony. HENKEL: Second. MIYASATO: All in favor. COMMISSIONERS: Aye. MIYASATO: Any opposed? I call a close to the public testimony. Commissioners, any discussion on this matter. If not, I'll accept a motion. IKEDA: Chairman Miyasato, I'd like to make a motion. Move to, move to approve document REZ 14-185, Change of Zone from an Agricultural – 20 acres to Agricultural – 5 acres zoning district for 50 acres of land for six lots based on the following reasons. One, there seems to be ample rainfall, you know 180 to 200 inches per year, and not too long ago we also approved a subdivision for water catchment. Also, the adjacent properties are zoned Ag -5 acres, so I think it's—I already see it coming, and you know the, also the Puna CDP action committee support the rezoning, and I believe the, the action committee has the authority to, I think that's the reason for the action committee to uphold the Puna CDP, and to change things to see that it fits the community. That's all I have for now. MIYASATO: Okay, I have a motion. Do I have a second? HENKEL: Second. MIYASATO: Okay, I have a motion by Commissioner Ikeda, second by Commissioner Henkel. Do I have any discussion on the motion? If not, you can call the roll. DARROW: Before we call the roll, if I could get clarification. It's my understanding that you're requesting a favorable recommendation? IKEDA: That is correct. DARROW: For a six -lot IKEDA: --right, subdivision. DARROW: --subdivision, okay. Are you—at this point the Planning Department has not provided any conditions. 10 IKEDA: I know that, but from what I gather, the, the Planning Director has concerns, and it seems to these, certain conditions but I think we could put it in that subject to Planning Director's conditions. DARROW: One more clarification. Commissioner Ikeda, that, the rec—the request is for a, a Change of Zone from Agricultural to 20 acres to Agricultural – 5 acres. So, the approval, the favorable recommendation is for the, the Change of Zone to be approved with Agricultural – 5 acre for a total of six lots? IKEDA: That is correct— DARROW: --okay— IKEDA: --because that's all they requested. DARROW: --Okay, and then, you're requesting that the Planning Department prepare conditions to go along with— IKEDA: --with, that is correct— DARROW: --the favorable, okay. If I could ask—Commissioner, why don't we, if a --if I could just ask for a small time. Thank you. MIYASATO: I'd like to call a five-minute recess. Chairman Miyasato called a recess at 9:40 a.m., and the meeting reconvened at 9:47 a.m. MIYASATO: Call the meeting back to order. DARROW: Thank you, Mr. Chairman. On the floor right now, we have a motion by Commissioner Ikeda and seconded by Commissioner Henkel to send a favorable recommendation for the Change of Zone request for a total of six lots. The Planning, at this time, the Planning Department does not have conditions prepared. We're asking that before the roll be taken, that we defer this until our next Windward Planning Commission, so that we can provide the Commission and the Applicants with conditions of approval that can be forwarded along with the recommendation. IKEDA: Okay. Do we have to withdraw our motions? DARROW: I believe it can remain. HENKEL: Mr. Chair? Mr. Chair? Can we go forward with the recommendation and make our own conditions rather than wait on the Planning Department, legally? MIYASATO: What do you recommend? 11 HENKEL: We'll just say the Council re -visit the requirements by Department of Water Supply about catchment or private systems. MIYASATO: But that, that was with a neg—that was with a negative recommendation. HALL: Is that you guys waiting for a question from him? MIYASATO: Okay, Commissioner Henkel, do you have a question? Do you have a-- HENKEL: Well, I'm just, this is a question I guess for Corp Counsel. Can we make a recommendation for approval to Council and ask them to revisit the requirements set by the Department of Water Supply for a—the water systems to include catchment and filtration. KANUHA: Mr. Chairman, I think what, what Commissioner Henkel is requesting—is this along the lines of what the Applicant had requested because— HENKEL: --yes KANUHA: --yeah, bec HENKEL: --I mean instead of waiting a month if can just move this forward— KANUHA: --right, but, but their request was assuming that the Commission would support a negative recommendation, so the negative recommendation would go up with this strong requirement to reconsider the concurrency requirements. What I sense the Commission wants to do is provide a favorable recommendation. HENKEL: That's the motion, yeah. KANUHA: Right, in which case what we're looking for is procedurally a way to recognize that that's the way the Commission wants to go, but still give the Department the opportunity to provide you with a, a series of, with a favorable recommendation— HENKEL: --with the certain amounts-- KANUHA: --yeah, with, with the standard conditions, and we may also recommend conditions with regard to things we do similarly with variances, you know, that it be restricted to certain number of lots, the conveyance has to be recorded certainly, things of that nature, so when that comes back you know then again, you'll have an opportunity to, to participate in that. HENKEL: Okay, that answers my question HONG: Mr. Chairman, if I may? MIYASATO: Yeah, okay. 12 HONG: I think the Planning Director's comments or suggestions are valid. I think another alternative also is to approve the motion on the floor and that doesn't preclude the Planning Department from submitting recommendations to the County Council when that comes before the Council, so it's six of one-half dozen or the other. So, my point is, you could delay it for another month so we could work out conditions which we're more than amenable to with the Planning Department or alternatively, you can approve it now, let us follow that track in the Planning Department, and we can still work on conditions that we'd be submitting to the County Council. LEE LOY: Chairman? I'm sorry— MIYASATO: Go ahead. LEE LOY: If we follow along this process with a favorable recommendation, at the Planning Committee level over at the County Council, they'll be other opportunities to hammer out more of this stuff, and I do sense that the Commission is getting that there is a need for some type of framework where identifying the water requirements, we're looking at adjacent properties, we're looking at rainfall, so there, there already is some outline and some framework and then you know, I would want the Planning Director to really weigh in on what this all takes, and you know, we'll follow this track, but we also feel strongly that there's opportunities to get a lot more input through this process. HALL: Everything was, it's closed, you have, but what might be better is if everything just gets deferred, you know? MIYASATO: Okay. HALL: I mean, there's a motion. Nobody made a motion to defer. I think the, I think the Department has asked for a deferral but nobody on the Commission has made a motion to defer yet, so move to defer, get a second for a deferral and then work it out. MIYASATO: Okay, thank you for your comments. Commission, the Department is requesting a deferral with the motion on the floor. If we decide not to defer, for the record and just to set a precedence for future applications, I think we need to state findings regarding compliance and concurrency, how we justify that. So, I would like to entertain—the motion for deferral or some findings for compliance. IKEDA: Okay, I'll move to defer. HEAUKULANI: Second. IKEDA: Okay, motion for deferral by Commissioner Ikeda, seconded by Commissioner Heaukulani. Any discussion on the deferral? KANUHA: Mr. Chairman? 13 MIYASATO: Go ahead. KANUHA: And I think for the record, this is also recognizing that there is a motion and a second although that hasn't been executed for a favorable recommendation on this petition. Is that part of the understanding for the deferral? MIYASATO: Deferral is for the, deferral on action, yeah? On the vote, yeah? With the standing motion. You can call the roll on the deferral. DARROW: Thank you, Mr. Chairman. With that, we'll take the roll call. Commissioner Ikeda? IKEDA: Aye. DARROW: Commissioner Heaukulani? HEAUKULANI: Aye. DARROW: Commissioner Henkel? HENKEL: Aye. DARROW: Commissioner Moses? MOSES: Aye. DARROW: And Mr. Chairman. MIYASATO: Aye. DARROW: The motion passes five to zero. The discussion ended at 9:57 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission 14 WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT MAY 7, 2015 A regularly advertised hearing on the application of HARRY AND SANDRA FREITAS (REZ 14-185) was called to order at 9:15 a.m. in the County of Hawaii Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii with Chairman Myles Miyasato presiding. COMMISSIONERS PRESENT: Myles Miyasato, Donn Dela Cruz, Gregory Henkel, and Donald Ikeda. ABSENT & EXCUSED: Charles Heaukulani and Raylene Moses. ALSO PRESENT: Duane Kanuha (Planning Director), Danny Patel (Deputy Corporation Counsel for the Windward Planning Commission), Jeff Darrow (Staff Planner), Maija Jackson (Staff Planner), Christian Kay (Staff Planner), and Sarah Hata-Finley (Commission Secretary). And approximately 6 people from the public in attendance. APPLICANTS: HARRY AND SANDRA FREITAS (REZ 14-185) Continued hearing on an application for a Change of Zone from an Agricultural -20 acres (A -20a) to an Agricultural -5 acres (A -5a) zoning district for 50 acres of land. The property is located at 18-4233 North Pszyk Road, `Ola`a Reservation Lots, Puna, Hawaii, TMK: 1-8-005:133. MIYASATO: Okay, I'd like to call the meeting back to order. The second item on this morning's agenda is the applicant, Harry and Sandra Freitas. This application was deferred, and we are, there's a motion standing by Commissioner Ikeda, second by Commissioner Henkel. We are now in discussion for Commissioners. Commissioner Dela Cruz, have you read the minutes referred to as hearing transcripts, April 2', 2015. DELA CRUZ: Yes, I have. MIYASATO: Okay, thank you. Commissioners, we're in discussion. Any discussion on the motion? IKEDA: I'm not sure if this is the right moment, but the, our legal, our counsel asked for executive session, so is this the right time? MIYASATO: Yes. IKEDA: Okay, then I move to enter into executive session to consult with the Commission's attorney on questions and issues pertaining to the Commission's powers, duties, privileges, immunities, and liabilities pursuant to Hawaii Revised Statute, Section 22-4 [sic] and 5. Attachment to: Bill 60 ( Conon . 330 ) MIYASATO: Do I have a second? DELA CRUZ: Second. MIYASATO: All in favor? COMMISSIONERS: Aye. MIYASATO: Any opposed? We're going into executive session. Could you all please excuse us. At 9:16 a.m., it was moved by Commissioner Ikeda and seconded by Commissioner Dela Cruz that the Commission go into executive session to consult with its attorney regarding questions and issues pertaining to the Commission's powers, duties, privileges, immunities, and liabilities, pursuant to Hawaii Revised Statutes Sections 92-4 and 92-5. A voice vote was taken of all Commissioners present, and motion carried with four aye votes. At 9:17 a.m., the Commission went into executive session. At 9:40 a.m., it was moved by Commissioner Henkel and seconded by Commissioner Ikeda that the Commission go out of executive session. A voice vote was taken of all Commissioners present, and motion carried with four aye votes. The hearing reconvened for regular session at 9:43 a.m. MIYASATO: I'd like to call this meeting back to order. Commissioners, any discussion? I just have a couple things to say on the motion. You know, for this particular application, yeah, you know, I agree with the representative and his statement on, you know, it would, it's not a, it's a sad thing if you cannot subdivide or provide land inheritance for your children because of this policy, and as far as the concurrency policy itself, you know, I agree that it needs a lot of work. At the Clifto's rezoning, when this concurrency policy first started taking place, you know, that was the basis for the veto on the rezoning, and they did not have the votes to override the veto. And not to long after, on the adjacent property, they passed Kohanaiki; across the street, Palamanui. And this was all based on the roads or at capacity. You know, so I agree the concurrency policy needs a lot of work. One does not fit all. If I was to go out to Pszyk Road in Mountain View from there to Ka`u, I think I would pass maybe ten cars at the most. It is not to capacity everywhere on this island. However, with that said, you know, as you have stated yourself, Mr. Hong, because of 25-2-46, you know, it says we shall not be granted unless, and I think because of that, we put a big burden on the Planning Department if we do push a favorable recommendation for future applications. And I, because of that, you know, I will have a, I would have a hard time supporting the favorable recommendation. Commissioners, any further discussion? IKEDA: Yeah, I'll make a motion to withdraw my motion. 2 MIYASATO: Do I have a second? HENKEL: Second. MIYASATO: Motion made to withdraw by Commissioner Ikeda, seconded by Commissioner Henkel. Any discussion on this motion? If not, can you— DARROW: Thank you, Mr. Chairman. With that, we'll take the roll call. Commissioner Ikeda? IKEDA: Aye. DARROW: Commissioner Henkel? HENKEL: Aye. DARROW: Commissioner Dela Cruz? DELA CRUZ: Aye. DARROW: And Mr. Chairman. MIYASATO: Aye. DARROW: The motion passes four to zero. MIYASATO: Commissioners, any discussion on this application? If not, I'll accept a motion. IKEDA: Okay, can I just say something before I make the motion? MIYASATO: Yes. IKEDA: You know, I really support this rezoning, but according to the concurrency law, I was informed that I couldn't pass the motion we had on the books. So, it's a, I'm gonna offer unfavorable recommendation with the conditions on it for that—hopefully, the Council will revisit concurrency law. Mr. Chairman, I move that an unfavorable recommendation be forwarded to the County Council on the application for Change of Zone, Docket No. REZ 14-185, based on the Planning Director's findings and recommendations which shall be adopted. Also, I'd like to also add the section that we had where it says the Windward Planning Commission shall find the private catch, catchment water system proposed by the applicant will satisfy the minimum water requirements that is needed to support the particular Change of Zone request, and it's quite a large section and all the way down to the, I guess it's a, one -two -three, I think four paragraphs. Ends with the --to be able to pursue a change of zone for a proposed subdivision which will utilize a water catchment system. MIYASATO: Okay, I have a motion. Do I have a second? DELA CRUZ: Second. MIYASATO: A motion by Commissioner Ikeda, second by Commissioner Dela Cruz. Is there any discussion on the motion? Mr. Hong, would you— HONG: Oh, I appreciate the consideration that the Commissioners have gone through in terms of you know discussing this. If given that there would be a negative recommendation sent to the County Council to hopefully spark that discussion regarding changing the law, my request would be that the original recommendation by the Planning Director which was an unfavorable recommendation with no conditions go up to the Planning, go up to the County Council, with the exception I think of Commissioner Ikeda's suggestion. But, other than that, the conditions that we worked out with the Planning Department, I would submit or not want those to go up to the County Council. And, I don't think they have to go up to the County Council. MIYASATO: Excuse me, just for clarification, Commissioner Ikeda, which conditions did, did you include in your motion? IKEDA: You know, where it says that a— MIYASATO: By the Director? Did you— IKEDA: It's on, it's on page 3 where it says the Windward Planning Commission finds that the private water catchment system. MIYASATO: Okay, so that was— IKEDA: --on the other one, you mean the original motion for unfavorable— MIYASATO: --yes— IKEDA: --recommendation— MIYASATO: --yeah. IKEDA: I think that was part of the original recommendation for unfavorable recommendation. PATEL: Yeah, so just to clarify, you're making the motion for an unfavorable recommendation based on the Planning Director's— IKEDA: --yeah— PATEL: --Recommendation. IKEDA: Yeah. E PATEL: With the exception that you're going to add the portions— IKEDA: --right PATEL: --you just read IKEDA: That's it, yes. PATEL: So, the proposed conditions would not go up with the favorable recommendation? IKEDA: No, no, just the original— PATEL: Is that right? IKEDA: Yeah. MIYASATO: Any further discussion on the motion? One more clarification, excuse me, Commissioner Dela Cruz, just for the record, you, I asked if you reviewed the transcript, but did you review the entire file? DELA CRUZ: Yes, I did. MIYASATO: Okay, thank you. Any further discussion on the motion? If not, you can call the roll. DARROW: Thank you, Mr. Chairman. Again, I, before we take the roll call, if I could just be completely sure on the proposed language to accompany the unfavorable recommendation. My understanding, it's the, begins on the last paragraph of chapter or page 3 of the favorable recommendation, and goes to the end of the third paragraph on page 4. Is this correct? IKEDA: There was some amendments we made to it, so our counsel DARROW: --okay— IKEDA: --legal counsel has the language for it. DARROW: Okay, thank you. All righty, with that, we'll take the roll call. Commissioner Ikeda? IKEDA: Aye. DARROW: Commissioner Dela Cruz? DELA CRUZ: Aye. 5 DARROW: Commissioner Henkel? HENKEL: Aye. DARROW: And Mr. Chairman. MIYASATO: Aye. DARROW: The motion passes four to zero. The discussion ended at 9:52 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission 2