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Home My WebLink AboutCOM 0473.000 2014-2016 /�YOF tp /iP''� • G,'. Walter K.M.Lau LO4 Managing Director William P.Kenoi Mayor D.• - �M =_ - Randall M.Kurohara ,•t•• .! j�% Deputy Managing Director EGF N' /4' liUtt .1Paiinti`i Mffireof fIr Ainpr 25 Aupuni Street,Suite 2603 • Hilo,Hawai`i 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Me Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawai`i 96740 (808)323-4444 • Fax(808)323-4440 September 16, 2015 1.17 cD l Dru Kanuha, Council Chair and Members of the County Council , County of Hawai`i 25 Aupuni Street o Hilo, HI 96720 vs Dear Chairman Kanuha and Members: SUBJECT: Change of Zone Application (REZ 15-000190) Applicant: Mark and Kim Rodrigues Request: A-20a to FA-3a Tax Map Key: 2-5-003:024 As required by Chapter 7, Sec. 6-7.5 (a), Hawai`i County Charter, transmitted herewith for the County Council's consideration and action are the Windward Planning Commission's letter and enclosures regarding the above-referenced request. Sincerel WILLIAM P. KENOI Mayor MTransCouncilrodriguesREZ 15-190 Enclosures cc: Planning Department <bki ‘i Comm. No. 13 Ref. To: Ref. Dote SEP 1 8 2015 County of Hawai`i is an Equal Opportunity Provider and Employer. William P.Kenoi %p??"•'` r,;�. Duane Kanuha Mayor ` .1 Director I. : .r, •.. 7'r _• Bobby Command ew°�.` Deputy Director West Hawaii Office East Hawaii Office 74-5044 Me Keohokalole Hwy101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County of Hawaii Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 September 16, 2015 MEMORANDUM TO: The Honorab William P. Kenoi, Mayor FROM: uane anuha, Planning Director SUBJECT: Change of Zone Application (REZ 15-000190) Applicant: Mark and Kim Rodrigues Request: A-20a to FA-3a Tax Map Key: 2-5-003:024 As required by Chapter 7, Sec. 6-7.5(a), Hawaii County Charter, submitted herewith for your transmittal to the County Council for their consideration and action is the Windward Planning Commission's letter and enclosures regarding the above-captioned request. Enclosed for your signature is the cover letter to the County Council. After your review, please forward same to the County Council along with the Commission letter and enclosures. Should you have any questions, please feel free to contact me. Enclosures C!1 n -*i C') n rn Cn Ti L� : `, .' .T .J 23 - LJ www.cohplanningdept.com Hawaii County is an Equal Opportunity Provider and Employer planning(ahawaiicounty.gov /, •e': • • County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720 Phone(808)961-8288 • Fax(808)961-8742 SEP 1 4 2015 Dru Kanuha, Council Chair and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Kanuha and Council Members: SUBJECT: Change of Zone Application (REZ 15-000190) Applicant: Mark and Kim Rodrigues Request: A-20a to FA-3a Tax Map Key: 2-5-003:024 The Windward Planning Commission, at its duly held public hearing on September 3, 2015, recommended for your approval the proposed legislative bill for a Change of Zone from an Agricultural—20 acres (A-20a) to a Family Agricultural —3 acres (FA-3a) zoning district for approximately 25 acres of land. The property is located along the east(makai) side of Lyman Springs Road, and also bordering along the north side of Kaumana Drive directly across of the Kaumana Estates Subdivision in Ponahawai, South Hilo, Hawai`i. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicants are requesting to change the zoning district from Agricultural—20 acres (A-20a) to Family Agricultural—3 acres (FA-3a) for 25 acres of land in order to subdivide the property into five parcels. The applicants, who live on the subject parcel, would retain one 6.3+-acre lot and propose to convey lots, consisting of at least 4+ acres in size, to each of their three (3) children Hawai`i County is an Equal Opportunity Provider and Employer Dru Kanuha, Council Chair and Members of the County Council Page 2 In order to consider an area for any type of zoning designation, the applicable goals,policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The change of zone request from an Agricultural—20 acres (A-20a) to a Family Agricultural—3 acres (FA-3a)zoning district conforms to applicable goals, policies and standards of the General Plan. The FA zoning district is intended for lands within the State Land Use Agricultural District, where public services and infrastructure are appropriate to support the very low density residential needs of a rural community and where a substantial number of parcels are less than five acres in size, and where a mix of uses will not conflict with or be detrimental to existing agricultural uses in the surrounding area. 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 proposed request conforms to the LUPAG Map, which designates the property as Extensive Agriculture. Extensive Agriculture, which is identified as lands that are not classified as Important Agricultural Land and includes lands that are not capable of producing sustained, high agricultural yields without the intensive application of modern farming methods and technologies due to certain physical constraints such as soil composition, slope,machine tillability and climate. Other less intensive agricultural uses such as grazing and pasture may be included in the Extensive Agriculture category. The Land Study Bureau's Detailed Land Classification System identifies soils on the northeast portion of the property as "C"or "Fair", with the remainder of the property classified as"E"or"Very Poor" for agricultural productivity. A small portion of the northern part of the parcel is classified as Prime Agricultural Land and the majority remainder of the parcel is designated as Unclassified by the ALISH System. Finally, the proposed lots will all be over four acres in size and will be in close proximity to smaller, Agricultural— 1 acres (A-1a) zoned lots adjacent to the southeast and southwest of the subject parcel and the Kaumana Estates Subdivision located to south of the subject parcel, which is zoned Single-Family Residential-15,000 square feet (RS-15). Dru Kanuha, Council Chair and Members of the County Council Page 3 A major concern in allowing a rezoning of agricultural land that creates smaller lot sizes is that this will reduce the potential use of the land for commercial agriculture by fragmenting the land into areas too small to be farmed on a commercial scale. While a few crops can be intensively cultivated on very small acreage, usually these crops have a very limited market. Reducing the size of the lots can reduce the range of potential agricultural uses and the range of market opportunities for those crops. At the same time, a strong demand exists in the real estate market for lots in agricultural areas by purchasers who are interested in large-lot residential homesites or for speculation. The desire for these"gentleman's estates"tends to drive up the price of agricultural land making it less affordable for commercial farmers. There will be considerable interest by landowners to rezone to reduce the minimum lot sizes because the biggest value is the ability to build a home. The per-acre price is therefore higher if the property can be sold in smaller lots. This desire to create smaller lots must be handled very carefully because of the possible carving up of the land into uneconomical units, and the increasing per-acre price. In this case, the property is not classified as "Important Agricultural Lands"by the LUPAG map, hence there is a lesser degree of concern over its rezoning to smaller lot sizes. All of the proposed lots will be over four acres in size, thus the newly created lots will still have the potential to be used for agricultural purposes, such as pasture. The fact that this is not classified as "Important Agricultural Lands", its poor soil characteristics, and the fact that the property is immediately adjacent to smaller lots, and that it has not historically been used for intensive agricultural development,tips the balance in favor of a smaller-lot rezoning. All essential utilities and services are available to the property. Access to the existing dwelling on the property is from Lyman Springs Road which is a County roadway that has approximately 12-14 feet of pavement within a substandard, 30-foot right-of-way. In addition to keeping the aforementioned access for the existing dwelling, the applicant is proposing a single access from Kaumana Drive to serve the four(4) newly proposed lots. Kaumana Drive is a County-owned roadway with a pavement of 20+ feet within a 50-foot right-of-way. According to the Department of Public Works- Engineering Division, Kaumana Drive is classified as a secondary arterial and in order to preserve its functional classification, they do not recommend direct access to the parcel from Kaumana Drive. While the Planning Department usually defers to DPW recommendations relative to access, we are inclined to accommodate the applicant's request because the proposed single Kaumana Drive access serving four newly created lots would be better than from Lyman Springs Road, which has site distance and functional problems. In addition, as the Saddle Road alignment is completed, it is likely Dru Kanuha, Council Chair and Members of the County Council Page 4 to remove a significant amount of traffic from Kaumana Drive, and finally, Subdivision 7201 (approved on January 5, 2000) which created the subject lot,permitted a vehicular access to the subject parcel from Kaumana Drive close to the location of the proposed access on the applicant's conceptual subdivision plan. It is unknown if this is the best location for an access from Kaumana Drive, so a condition of approval will allow a single subdivision access point onto Kaumana Drive and to conduct a site distance analysis to determine, in conjunction with DPW, the best location for that access. According to the applicant, an 800-foot stretch of Kaumana Drive is actually located on the subject property. The applicants entered into an indemnification agreement with the County of Hawai`i in 1999 over its continued use by the county without compensation until such time that roadway is resurfaced and the encroachment can be corrected (see Exhibit A in the Change of Zone Application). The applicants have stated that they are willing to relinquish this portion of their property in exchange for a credit against any"Road and Traffic"Fair Share requirement that would be assessed by the County. Typically the County Council requires that applicants provide a fair share contribution to mitigate the potential regional impacts of their development on public facilities and services such as roads and parks. For Family Agricultural (FA) zoning, the County Council has historically required this contribution for lot sizes of one acre or less. Therefore, a fair share contribution would not be required for the newly proposed lots as the applicant is requesting FA-3a zoning. In order to resolve the existing Kaumana Drive encroachment issue, a condition of approval will require the applicant to create a road lot to resolve the encroachment during the course of subdividing the property, to then be dedicated to the County of Hawai`i at no cost. According to the Department of Water Supply, the subject property is served by an existing 5/8"meter. Four(4) additional units of county water can be made available for the proposed subdivision from existing 8-inch waterlines within Country Club Drive Road and Kaumana Drive fronting the subject property, provided the applicants comply with servicing requirements and construct necessary water system improvements as determined by the Depaitnient of Water Supply. A condition of approval will require the applicants to install water mains (8"minimum diameter of mains from Country Club Drive) shall be capable of delivering water at adequate pressure and volume under peak flow and fire-flow conditions and installation of a service lateral to accommodate a 5/8- inch meter for the additional lots. Dru Kanuha, Council Chair and Members of the County Council Page 5 Wastewater will be disposed of by individual wastewater systems meeting the requirements of the Department of Health. All other essential utilities or services are available to the property. There is no severe geological or topographical problem for the property that cannot be properly rectified or which would render the land unusable. The property is located in Zone "X", an area determined by FEMA to be located outside of the 500-year floodplain. Per DPW-Engineering Division's comments, the applicants will be required to prepare a drainage study and construct a drainage system meeting with the approval of the Department of Public Works. To eliminate the potential of additional dwellings on each proposed lot that will contribute to the cumulative burden on existing infrastructure, a condition is included to prohibit a second dwelling unit and condominium property regimes on each lot to be recorded as a covenant in the deeds of all the proposed. The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management Area. The subject property is located over seven (7) miles from the shoreline and is not in the Special Management Area. Thus,the property will not be affected by coastal hazards and beach erosion. There are no identified recreational resources,public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources on the subject property. In view of the Hawai`i State Supreme Court's"PASH" and"Ka Pa'akai 0 Ka Aina"decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural,historical, and natural resources and the associated traditional and customary practices of the site: • Investigation of valued resources: The Hawai`i State Historic Preservation Division requested an archeological field inspection on the subject property. In response, the applicants hired Haun and Associates who conducted the inspection in August, 2015. Dr. Haun's August 10, 2015 letter report states that, "The field inspection did not identify any cultural resources or natural lava formations such as tubes or blisters associated with native Hawaiian burials. Haun &Associates recommends no further archaeological work based on the Dru Kanuha, Council Chair and Members of the County Council Page 6 inspection results. If previously undocumented sites are inadvertently discovered, State Historic Preservation Division should be contacted immediately and advised of the circumstances of the find, its location, and the presence or absence of associated cultural resources. • The valued cultural, historical, and natural resources found in the rezoning area: The property has been previously cleared and is currently in residential and pasture use. The Department of Land and Natural Resources-Historic As stated above, an archeological field inspection found no cultural resources. A condition of the change of zone will require that the applicants cease work and notify the SHPD should any unanticipated archaeological features or sites be uncovered during the course of development. • Possible adverse effect or impairment of valued resources: It is not known whether the subject or immediate surrounding area was used in the recent past for gathering purposes by native Hawaiians. There is no evidence that the flora in the area are particularly desired or used for cultural practices. • Feasible actions to protect native Hawaiian rights: The applicants, and have not observed any traditional and customary native Hawaiian rights exercised on the property. Thus, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. Based on the above findings, approval of the Change of Zone request from an Agricultural—20 acres (A-20a)to Family Agricultural—3 acres (FA-3a) zoned district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. The accompanying draft bill to amend Section 25-8-33 (City of Hilo Area Zone Map) is provided for your favorable consideration. Please note the proposed conditions of approval are attached to the draft bill. Dru Kanuha, Council Chair and Members of the County Council Page 7 We are enclosing copies of the Background Report, Planning Director's Recommendation, Power point presentation, and a transcript of the hearing for your information. Sincerely, „,/, Myl s Miyasato, diairman Windward Planning Commission LRodriguesREZ 15-190wpc2 Enclosures cc: Sidney M. Fuke, Planning Consultant Mark and Kim Rodrigues Department of Public Works Department of Water Supply Department of Land &Natural Resources-HPD William Brilhante, Esq., Corporation Counsel BRodriguezREZ.crk 8/26/15 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT MARK AND KIM RODRIGUES CHANGE OF ZONE APPLICATION (REZ 15-190) MARK AND KIM RODRIGUES have submitted an application for a Change of Zone from an Agricultural-20 acres (A-20a) to a Family Agricultural-3 acres (FA-3a) zoning district for approximately 25 acres of land situated along the east (makai) side of Lyman Springs Road, and also bordering along the north side of Kaumana Drive directly across of the Kaumana Estates Subdivision in Ponahawai, South Hilo, Hawai`i, TMK: 2-5-003:024. PROPOSED ACTION 1. Applicant's Request: The applicants are requesting to change the zoning district from Agricultural—20 acres (A-20a) to Family Agricultural—3 acres (FA-3a) for 25 acres of land in order to subdivide the property into five parcels. The applicants, who live on the subject parcel, would retain one 6.3+-acre lot and propose to convey lots, consisting of at least 4+ acres in size, to each of their three(3) children. According to the Zoning Code, the Family Agricultural (FA) district provides for a blend of small-scale agricultural operations associated with residential activities and which may be characterized by farm estates, small acreage farms, or subsistence lots. Requirements for establishing a land use in the FA district, including a list of the variety of permitted uses, are shown in Section 25-5-60 to 25-5-67 of the Zoning Code (P.D. Exhibit 1 —FA District Zoning Code). 2. Supportive Information: The applicants, who are the landowners,have submitted the attached in support of the request. (P.D. Exhibit 2 - Change of Zone Application) STATE AND COUNTY PLANS 3. State Land Use Designation: Agricultural 4. General Plan LUPAG Map: Extensive Agriculture, Important Agricultural Land and Medium Density Urban. 5. County Zoning: Agricultural—20 acres (A-20a). 6. Hilo Community Development Plan: The Hilo CDP, adopted as Planning Commission Resolution No. 1 on May 21, 1975, identifies the area as A-20a. Re: Bill 93 (Comm. 473) 7 . Special Management Area (SMA): The property is not located within the Special Management Area(SMA) and is approximately four(7)miles from the shoreline. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 8. Subject Property: The property is irregular in shape and gradually rises in an east to west direction. The property has frontages along Lyman Springs Road (to the east of the property) and Kaumana Drive(to the south of the property). There is an existing 5-bedroom dwelling constructed in 2000 located in the northeast portion of the property. There is about a 100-foot wide band of land fronting Kaumana Drive that has not been fully cleared. The remainder of the property has been cleared and converted to pasture use for the purpose of cattle grazing. 9. Surrounding Zoning/Land Uses: Surrounding properties are zoned Agricultural—20 acres (A-20a) to the north, Agricultural— 10 acres (A-10a) to the east (across Lyman Springs Road, and Agricultural— 1 acres (A-la) adjacent to the southeast and southwest of the subject parcel. Further, the Kaumana Estates Subdivision located to south of the subject parcel, is zoned Single-Family Residential-15,000 square feet (RS-15). Land uses in the immediate area include residential and agricultural activities. 10. Agricultural Lands of Importance to the State of Hawaii (ALISH): A small portion of the northern part of the parcel is classified as Prime Agricultural Land and the majority remainder of the parcel is designated as Unclassified. 11. Land Study Bureau's Detailed Land Classification System: The northeast portion of the property is classified as "C" or"Fair",with the remainder of the property classified as "E" or"Very Poor.". 12. U.S.D.A. Soil Survey: The soils corresponding with the"C" soils indicated above are of the Kaiwiki Series, which is characterized by deep soil with moderately fine texture. It is well drained and moderately suited for machine tillability. The runoff is medium and the erosion hazard is slight. Soils in the Kaiwiki series are primarily used for sugarcane, truck crops and pasture. The remainder of the property is of the bare Pahoehoe series, which is characterized by no soil material. It is well drained and not suited for machine tillability. Despite these standard conditions, this is the area that has been used for cattle grazing on the property. -2- 13. Flood Zone: According to the Department of Public Works, the entire parcel is located in Zone "X", an area determined by FEMA to be located outside of the 500-year floodplain. The Department of Public Works-Engineering Division commented that the applicants shall prepare a drainage study and construct a drainage system meeting with their approval. 14. Flora/Fauna Resources: There were no professional flora/fauna surveys conducted of the site. The applicants do not believe that rare or endangered floral or faunal resources are likely on the site, as the property has been previously cleared and used for pasture with animals gazing on introduced pangola grass (Digitaria eriantha) The cleared area also include some albizia, Pine, and koa trees. There is a 100-foot wide band of land fronting Kaumana Drive that has not been fully cleared which includes some `ohi`a trees and stag horn ferns. The property is not known to be a habitat for any rare or endangered animal life. 15. Cultural/Historic/Archaeological Resources: The Hawai`i State Historic Preservation Division requested an archeological field inspection on the subject property (P.D. Exhibit 7). In response, the applicants hired Haun and Associates who conducted the inspection in August, 2015. Dr. Haun's August 10, 2015 letter report (P.D. Exhibit 9) states that, "The field inspection did not identify any cultural resources or natural lava formations such as tubes or blisters associated with native Hawaiian burials. Haun &Associates recommends no further archaeological work based on the inspection results. If previously undocumented sites are inadvertently discovered, State Historic Preservation Division should be contacted immediately and advised of the circumstances of the find, its location, and the presence or absence of associated cultural resources. " Additionally, the applicants are unaware of any valued cultural or historical resources existing on the property and have not observed any traditional and customary native Hawaiian rights exercised on the property. 16. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the property. -3- PUBLIC UTILITIES AND SERVICES 17. Access: Access to the existing dwelling on the property is from Lyman Springs Road , which is a County roadway that has approximately 12-14 feet of pavement within a 30-foot right-of-way. In addition to keeping the aforementioned access, the applicant is proposing a single access from Kaumana Drive to serve the four(4)newly proposed lots. Kaumana Drive is a County-owned roadway with a pavement of 20+ feet within a 50-foot right-of-way. According to the applicant, an 800-foot stretch of the Kaumana Drive roadway is actually located on the subject property. The applicants entered into an indemnification agreement with the County of Hawai`i in 1999 over its continued use by the county without compensation until such time that roadway is resurfaced and the encroachment can be corrected (see Exhibit A in the Change of Zone Application). The applicants have stated that they are willing to relinquish this portion of their property in exchange for a credit against any"Road and Traffic"Fair Share requirement that would be assessd by the County. According to the Department of Public Works-Engineering Division, Kaumana Drive is classified as a secondary arterial and in order to preserve its functional classification, DPW does not recommend direct access from Kaumana Drive. In addition, DPW identified the existence of a"No Vehicular Access Planting Screen Easement" along Kaumana Drive on the final subdivision plat that created the subject lot (Subdivision number 7201 approved January 5, 2000; See Figure 6 in the Change of Zone Application). 18. Water: According to the Depaitment of Water Supply, the subject property is served by an existing 5/8"meter. Four(4) additional units of county water can be made available for the proposed subdivision from existing 8-inch waterlines within Country Club Drive Road and Kaumana Drive fronting the subject property,provided the applicants comply with servicing requirements and construct necessary water system improvements as determined by the Department of Water Supply. 19. Wastewater: As there is no municipal sewer system in the area, wastewater will be disposed of by individual wastewater systems meeting the requirements of the Department of Health. -4- 20. Essential Utilities and Services: The Kaumana Fire Station is located about 4 miles from the property. Police and medical services are available nearby in Hilo. All essential utilities are available to the property. AGENCY COMMENTS PROVIDED 21. Department of Public Works—Engineering Division: P.D. Exhibit 3— July 21, 2015 memo 22. Department of Water Supply: P.D. Exhibit 4—August 15,2015 letter 23. Fire Department: P.D. Exhibit 5—August 3, 2015 memo 24. DLNR-Engineering Division: P.D. Exhibit 6—August 4, 2011 memo 25. State Historic Preservation Division: P.D. Exhibit 7—July 29, 2015 letter AGENCIES -NO COMMENTS OR OBJECTIONS 26. Department of Environmental Management, Police Department, DLNR-Land Division, Depal tment of Health, Department of Transportation. AGENCIES—NO RESPONSE 27. State Office of Planning, State Department of Agriculture, Real Property Tax Division. APPLICANT'S RESPONSE TO AGENCY COMMENTS 28. P.D. Exhibit 8: Letter dated July 27,2015 from Sidney Fuke.Applicant's Planning Consultant. 29. P.D. Exhibit 9: Letter dated August 11,2015 from Sidney Fuke.Applicant's Planning Consultant. PUBLIC COMMENTS 30. As of this writing, the Planning Department has not received any written comments or objections from the general public or adjacent landowners on the subject application. -5- § 25-5-57 HAWAI`I COUNTY CODE Section 25-5-57. Other regulations. (a) If any legal building site in the RA district has an area less than one-half acre, then the yard and height requirements for the building site shall be the same as the yard requirements for the RS district. (b) Plan approval shall be required prior to the construction or installation of any new structure or development, or of any addition to an existing structure or development which is used for minor agricultural products processing. (c) An ohana dwelling may be located on any building site in the RA district, as permitted under article 6, division 3 of this chapter. (d) Exceptions to the regulations for the RA district regarding heights, building site areas, building site average widths and yards, may be approved by the commission within a planned unit development pursuant to article 6, division 1 of this chapter. (1996, Ord.No. 96-160, sec. 2;ratified April 6, 1999; Am. 2015, Ord.No. 15-33, sec. 4.) Division 6. FA,Family Agricultural Districts. Section 25-5-60. Purpose and applicability. The FA(family agricultural) district provides for a blend of small-scale agricultural operations associated with residential activities and which may be characterized by farm estates, small acreage farms, or subsistence lots. The FA district is intended to be in areas designated as being within the State land use agricultural district, where public services and infrastructure are appropriate to support the very low density residential needs of a rural community and where substantial number of parcels are less than five acres in size, and where a mix of uses will not conflict with or be detrimental to existing agricultural uses in the surrounding area. In addition, this district is intended to be primarily comprised of agricultural lands less than five acres in area, which are not classified as A or B lands under the land study bureau's master productivity rating, or classified as prime, unique, or other important agricultural lands. Provided, that this district may include lands so classified if the lands are situated within an urban expansion or other urban designation under the general plan land use pattern allocation guide(LUPAG)map. (1996, Ord.No. 96-160, sec. 2;ratified April 6, 1999.) Section 25-5-61. Designation of FA districts. Each FA (family agricultural) district shall be designated on the zoning map by the symbol "FA" followed by a number and the lower case letter "a" which indicates the required number of acres for each building site. For example, FA-la means a family agricultural district with a minimum building site area of one acre. (1996,Ord.No. 96-160, sec. 2;ratified April 6, 1999.) Section 25-5-62. Permitted uses. (a) The following uses shall be permitted in FA districts: (1) Agricultural products processing, minor, provided that the area or buildings used for such processing, shall be located at least seventy-five feet from any street. (2) Agricultural tourism as permitted under section 25-4-15. (3) Animal hospitals. (4) Aquaculture. (5) Botanical gardens, nurseries and greenhouses, seed farms, plant experimental stations, arboretums, floriculture,and similar uses dealing with the growing of plants. (6) Campgrounds, parks, playgrounds, tennis courts, swimming pools, and other similar open area recreational facilities, where none of the recreational features are entirely enclosed in a building. 25-58 UNOFFICIAL ADVANCE SHEET-Contains sec(s).affected since publication of Supp. 19(1-2015) Official revision to be published in 2015 Edition of Code. Planning Dept. ZONING § 25-5-62 (7) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (8) Crop production. (9) Dwelling, single-family, as permitted under chapter 205, Hawai`i Revised Statutes and as permitted under section 25-5-67(b). (10) Farm dwellings,as permitted under section 25-5-67(b)and(c). (11) Game and fish propagation. (12) Group living facilities. (13) Kennels. (14) Livestock, grazing; provided that any feed or water area, salt lick, corral, run, barn, shed, stable, house, hutch, or other enclosure for the keeping of any permitted animals shall be located at least seventy-five feet from any lot line. (15) Public uses and structures, necessary for agricultural practices. (16) Retention, restoration, rehabilitation, or improvement of buildings or sites of historic or scenic interest. (17) Riding academies, and rental or boarding stables. (18) Roadside stands for the sale of agricultural products grown on the premises. (19) Utility substations, as permitted under section 25-4-11. (20) Vehicle and equipment storage areas that are directly accessory to aquaculture, crop production, game and fish propagation, and livestock grazing. (21) Veterinary establishments. (b) The following uses may be permitted in the FA district, provided that a use permit is issued for each use: (1) Golf courses and related golf course uses, including golf driving ranges, golf maintenance buildings and golf club houses, provided that the property is within the state land use urban or rural district. Golf courses and golf driving ranges shall not be permitted within the state land use agricultural district unless approved by the County before July 1,2005. (2) Telecommunication antennas and towers. (c) The following uses may be permitted in the FA district,provided that a special permit is obtained for such use if the building site is located within the State land use agricultural district: (1) Adult day care homes. (2) Bed and breakfast establishments,as permitted under section 25-4-7. (3) Community buildings, as permitted under section 25-4-11. (4) Family child care homes. (5) Home occupations,as permitted under section 25-4-13. (6) Meeting facilities. (7) Model homes, as permitted under section 25-4-8. (8) Public uses and structures, other than those necessary for agricultural practices, as provided under section 25-4-11. (9) Temporary real estate offices, as permitted under section 25-4-8. (10) Uses, other than those specifically listed in this section, which meet the standards for a special permit under chapter 205,Hawaii Revised Statutes. (d) The following uses may be permitted in the FA district, provided that a use permit is issued for each use if the building site is outside of the State land use agricultural district or a special permit is issued for each use if the building site is within the State land use agricultural district: (1) Bed and breakfast establishments, as permitted under section 25-4-7. (2) Churches,temples and synagogues. (3) Crematoriums, funeral homes, funeral services,and mortuaries. (4) Day care centers. (5) Hospitals, sanitariums, old age,convalescent,nursing and rest homes. (6) Major outdoor amusement and recreation facilities, includes stadiums, sports arenas, and other similar open air recreational uses. (7) Schools. 25-59 SUPP. 18 (7-2014) § 25-5-62 HAWAI`I COUNTY CODE (e) Buildings and uses accessory to the uses permitted in this section shall also be permitted in the FA district. (1996, Ord.No. 96-160, sec. 2;ratified and amended April 6, 1999; Am. 2008, Ord. No. 08-155, sec. 12;Am. 2010, Ord. No. 10-17, sec. 5;Am. 2012, Ord. No. 12-28, sec. 8; Ord. No. 12-124, sec. 7;Am. 2014,Ord.No. 14-86, sec. 8.) Section 25-5-63. Height limits. The height limit in FA districts shall be thirty-five feet for any residential structure, including any single-family dwelling or farm dwelling, and forty-five feet for all other structures. (1996, Ord.No. 96-160, sec. 2;ratified April 6, 1999.) Section 25-5-64. Minimum building site area. The minimum building site area in the FA district shall be one acre. Other FA districts having larger areas may be designated in increments of one acre up to a recommended maximum of five acres. (1996, Ord.No. 96-160, sec. 2;ratified April 6, 1999.) Section 25-5-65. Minimum building site average width. Each building site in the FA district must have a minimum average width of one hundred twenty feet for the initial one acre of required area plus twenty feet for each additional acre of required area; provided that no building site shall be required to have an average width greater than three hundred feet. (1996, Ord. No. 96-160, sec. 2;ratified April 6, 1999.) Section 25-5-66. Minimum yards. (a) Except as otherwise provided in this section, the minimum yards in the FA district shall be thirty feet for front and rear yards and twenty feet for side yards. (b) In the FA district, accessory buildings and enclosures (other than fences under eight feet high) for the shelter and confinement of any livestock shall be at least thirty feet from the side and rear property lines. (c) Appropriate additional setbacks from adjacent residential zoned lands may be required by the director for those facilities and uses which may include more frequently used machinery and equipment in order to minimize potential lighting,odor,vector and air and water quality impacts. (1996, Ord. No. 96-160, sec. 2;ratified April 6, 1999.) Section 25-5-67. Other regulations. (a) If any legal building site in an FA district has an area of less than one acre, then the yard and height requirements for the building site shall be the same as the yard and height requirements in the RA district. (b) One single-family dwelling or one farm dwelling shall be permitted on any building site in the FA district. A farm dwelling is a single-family dwelling located on or used in connection with a farm or if the agricultural activity provides income to the family occupying the dwelling. (c) Additional farm dwellings may be permitted in the FA district only upon the following conditions: (1) A farm dwelling agreement for each additional farm dwelling, on a form prepared by the director, shall be executed between the owner of the building site, any lessee having a lease on the building site with a term exceeding one year from the date of the farm dwelling agreement, and the County. The agreement shall require the dwelling to be used for farm-related purposes. (2) The applicant shall submit an agricultural development and use program, farm plan or other evidence of the applicant's continual agricultural productivity or farming operation within the County to the director. Such plan shall also show how the farm dwelling will be utilized for farm-related purposes. SUPP. 18 (7-2014) 25-60 ZONING § 25-5-67 (d) An ohana dwelling may be located on any building site in the FA district, as permitted under article 6, division 3 of this chapter. (e) Exceptions to the regulations for the FA district regarding heights, building site areas, building site average widths and yards,may be approved by the commission within a planned unit development. (f) Plan approval shall be required prior to the construction or installation of any new structure or development, or of any addition to an existing structure or development which is used for minor agricultural products processing. (1996, Ord. No. 96-160, sec. 2;ratified April 6, 1999; Am. 2015, Ord. No. 15-33, sec. 4.) Division 7.A,Agricultural Districts. Section 25-5-70. Purpose and applicability. The A (agricultural) district provides for agricultural and very low density agriculturally-based residential use, encompassing rural areas of good to marginal agricultural and grazing land, forest land, game habitats, and areas where urbanization is not found to be appropriate. (1996, Ord. No. 96-160, sec. 2;ratified April 6, 1999.) Section 25-5-71. Designation of A districts. Each A (agricultural) district shall be designated on the zoning map by the symbol "A" followed by a number together with the lower case letter "a" which indicates the required or minimum number of acres for each building site. For example, A-10a means an agricultural district with a minimum building site area of ten acres. (1996, Ord. No. 96-160, sec. 2;ratified April 6, 1999.) Section 25-5-72. Permitted uses. (a) The following uses shall be permitted in the A district: (1) Agricultural parks. (2) Agricultural products processing,major and minor. (3) Agricultural tourism as permitted under section 25-4-15. (4) Animal hospitals. (5) Aquaculture. (6) Botanical gardens, nurseries and greenhouses, seed farms, plant experimental stations, arboretums, floriculture, and similar uses dealing with the growing of plants. (7) Campgrounds, parks, playgrounds, tennis courts, swimming pools, and other similar open area recreational facilities, where none of the recreational features are entirely enclosed in a building. (8) Cemeteries and mausoleums,as permitted under chapter 6, article 1 of this Code. (9) Crop production. (10) Dwelling, single-family, as permitted under chapter 205, Hawai`i Revised Statutes and as permitted under section 25-5-77(b). (11) Farm dwellings, as permitted under section 25-5-77(b)and(c). (12) Fertilizer yards utilizing only manure and soil,for commercial use. (13) Forestry. (14) Game and fish propagation. (15) Group living facilities. (16) Kennels. (17) Livestock production, provided that piggeries, apiaries, and pen feeding of livestock shall only be located on sites approved by the State department of health and the director, and must be located no closer than one thousand feet away from any major public street or from any other zoning district. 25-61 UNOFFICIAL ADVANCE SHEET-Contains sec(s).affected since publication of Supp. 19(1-2015) Official revision to be published in 2015 Edition of Code. CHANGE OF ZONE APPLICATION . COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Mark Rodri a -_ . •t • •u Rodrigues APPLICANT'S SIGN• ' i i Apoir/./ i ')ATE: ff' ADDRESS: do 1080 Kilauea Avenue Hilo,HI 96720 LIST APPLICANT'S IN i'EREST IF NOT OWNER: LIST PRINCIPAL(S)INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (808)935-1888 (Res.) (808)935-3910 (Fax) (808)443-2470 LANDOWNER(S): Mark Rodrigues and Kim Rodrigues.--^� LANDOWNER SIG : �,�% � . `_ '��:. DATE: _-44 (May be by letter _ LANDOWNER(S)ADDRESS: c/o 1080 Kilauea Av.!, e Hilo,HI 96720 REQUEST: A-4$a TO .ftc5a (Existing zoning) (Proposed Zoning) TAX MAP KEY: 4 7-007: 042 2 -'5-Do 3 r o2-ki STREET ADDRESS OF PROPERTY: 60 Lyman Springs Road Hilo,Hawaii SIZE OF PROPERTY OR AFFECTED AREA(S)TO BE REZONED: 25.003 acres AGENT: Sidney M. Fuke, Planning Consultant ADDRESS: 100 Pauahi Street, Suite 212 Hilo,HI 96720 TELEPHONE:(Bus.) 969-1522 (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Sidney Fuke COPIES: Mark Rodrigues Planning apt,, Exhibit f . If you intend to do either a, b, c, please elaborate on the kind of plans the other party has. Please, also , include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3 Do you think that your request and your further plans for the land will alleviate the local housing situation? Yes How? Increases overall supply for small scale agricultural lots that allows a residence. 4. Are there any buildings on the subject area? Yes If so, what kind? Our home. What do you intend to do with those buildings if your request is approved? Continue living in it 5. Is the subject land currently being used for any agricultural activity? yes If so, please list the kinds of products grown and on how many square feet or acres of land per product. Cattle grazing 6. Was your request to allow for the creation of smaller agricultural lots? Yes If so, did your plan include the following considerations? a. Commodity to be produced? What kinds of commodity? b. Suitability of the proposed lot-size for that commodity? C , Sufficient farm size to allow reasonable chance of success in commercial agriculture? -2- d . Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? Please state the proposed type of arrangement. Please refer to planning and environmental report for this request. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. 7. To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. Please refer to planning and environmental report for this request. 8. Do you think that the roads leading to the subject area needs improvements? No If so, what kind? Please refer to planning and environmental report for this request. Is the road adequate for the proposed traffic volume or load? Yes 9. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools X b. Roads X c. Sewer X d. Drainage X -3- Yes No e . Police Protection X f . Fire Protection X X 9 Recreational Facilities h . Public Utilities X X _. Other For those checked "yes", please elaborate what type or kinds of improvements and/or assistance are needed. OP /1"- „ Signature: , Address: do 1080 Kilauea Avenue Hilo,HI 96 20 Telephone: (808)935-1888 Date: June 1,2015 -4- COUNTY ENVIRONMENTAL REPORT COUNTY REZONING REQUEST (A-20a to FA-3a) MARK AND KIM RODRIGUES KAUMANA HOMESTEADS, SOUTH HILO, HAWAI'1 TAX MAP KEY: (3) 2-5-003: 024 I. INTRODUCTION Mark and Kim Rodrigues ("Applicants") are requesting the rezoning of a 25.003 acre parcel from the Agriculture (A-20a) to Family-Agriculture (FA-3a) district in Kaumana Homesteads, South Hilo, Hawaii. The property fronts Kaumana Drive and Lyman Springs Road, directly north or Hamakua side of the Kaumana Estates Subdivision. (Figures 1 and 2). The Applicants reside on the subject property. If approved, they would subdivide the 25+ acre parcel into five (5) lots and convey at least one lot each to their three (3) children. The size of the lots would average 4+ acres in size, exceeding the minimum 3-acre lot size for the proposed FA-3a zone. II. PROJECT LOCATION As noted earlier, the subject property fronts Lyman Springs Road and Kaumana Drive. The Kaumana Estates Subdivision, with lots generally consisting of 15,000 square feet, is located directly south or Puna side of the subject property. The intersection of Kaumana Drive and the Puainako Extension is located less than a 1,000 feet east or makai of the subject property. (Figures 1 and 2). The property has two frontages -- Lyman Springs Road and Kaumana Drive. The Applicants' dwelling has its access from Lyman Springs Road. While that would continue, Kaumana Drive would be used to serve as access to the proposed four (4) additional lots. III. PROJECT DESCRIPTION A. Project Concept and Components The subject site consists of 25.003 acres, where the Applicants' reside. A portion of the site is used for cattle grazing. The Applicants wish to subdivide the subject property into five (5) lots, with the intent of conveying at least one lot each to their three (3) children. 1 • • N �a i VI s [.. i ,. . 1IMO .. I u"^My I ..„,„• may.• cv; y. li• BJECT 7 ' y ; ray( SITES } • ..-.k •., .':,71.1„ ottr„tol—,-7:1'17V*, .40F,41, •r "It _EttO , .; tiA, lifi.-. if isit / lot i. .. . , : / ....,.v.I.4...„ .. • . :.,...;,,.,s,„‘,„„.„1.i 447.... ..,...40..._ , "� .may ..:tiaw...u. i,...........,_...,... •• , b /tea. it..m,,.y:_.,c..+a!ti»..!r- i ....1( . 4,' "'Ill ..-... ... / 0( • • • TT/-.T-,---..T 44 Ro9ll o `9e>1 (f_ _ _,,,,,,,,„, _ ttaeitll z LI NZ 0 't t ?9 3`" '(") a •"1a a" ,A17: i' bXr S t 3 : s01 0 e0: rn '- ati - a a°0At.;;;„ ° da N I q Q -'oa t , q i\''.:: • n V.4 F. C f z Li"cG ° - Y ° 4 " o V ° S %. t J al a0WI: ' ' o • 7 i .F C N °C qiy � F• d ° 0 Q P O k 9 N `i '7;7% f' a u° w; n ppC w �\ ��_.. .. '—B i.' . Iv 04 Pt Q �� ^'°?oma 0 l B..i FSe 111 k Q N < /` P 9 I oda'iZ:°a, w 0 81 2 ` Q o 0 C 7 r {.-/ u St',‘)'IR n tl F p �o \\J U t O' . .. �i SZ------,-...-,� '1 C j y obi � ' ° Y ' ►�� +� ! o I •O o�J a .. •• . 4 ' Q1 e I a0 4 ° Z 1 e ' ° \Q!),___, ` \ - a Q ".,1 f a n oa t a ° •� C , e u ; \\.; Q m ' v V i F. J SUBJECT Z ®� o 0 \ SITE ? o 1°- 4.,. ° XXXXXXX O � 5 ; d NU iii n 40111 n m r • Mr' °r 1 i s 'ti.. .5 14 a a ro ItA 'c ct Y 4 e r o `..��. 1 ,o..:•", ri ilt --1:-- 1 i��3?f 4iwo f • t1, tr ,-.."- !I 2 -,..-4 fk- %1 i O FOH SoNIydS NVNA7 fls» .�d.s O� :dam,,o.Qs $ \ It. 0 \ Lv-7dOSP'r d Y''' N +9 1"31a, 4.N ; 1 "Q ° 3e l4 3 IV : S at Ii , , _411.1 3 i gig'_ .,M T1fITRI' ', If approved, the proposed lots would average at least 4+acres in size, exceeding the m°nimum 3-acre for the proposed FA-3a zone. As proposed, the lot with the existing dwelling would continue to have its access from Lyman Springs Road. The additional four (4) lots would have their access from Kaumana Drive. (Figure 3) An 800-foot stretch of Kaumana Drive currently encroach the subject property. This encroachment consists of approximately .387 acre or 16,858 square feet. To address this encroachment, an agreement was executed on April 19 1999, between the Applicants and the County, to allow the continued use of this encroachment, subject to indemnifying the Applicants of any liability. (Exhibit A) Should the rezoning request be approved, the Applicants would be willing to convey this encroached area to the County. In that event, the Applicants would seek relief from the "road and traffic" fair share assessment. It is understood that the subdivision plan submitted herein may have to be adjusted prior to receipt of final subdivision approval to accommodate County subdivision requirements and appropriate conditions of approval. B. Protect Timetable and Cost The Applicants hope to secure County rezoning approval as soon as possible and begin the subdivision process immediately thereafter. Tentatively, plans call for having the land subdivided by the middle or latter part of next year. Based on the proposed configuration of the subdivision, the estimated cost of improvements for this project should be around $100,000. This cost would be for the access improvements at Kaumana Drive and installation of water meters. IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The subject site is designated Agriculture. Based on the proposed lot size, no State Land Use Commission action is required. The County of Hawai'i can process the rezoning request. 2 z. t't $ni:: .3:,..::: A.ggg . V/P4,-,,,,:,..4: LYMAN SPRINGS ROAD �evnamss �mu f, mm Y `':. 4' iii o AN ws 01 k 8 n 8 �� • 1V9.9,�,92R - 424% y - VOW -, 902 M ,,� TO �i 'IA' AA \ \ / & !! se 10'00 t'„ '.1‘i6::, a 7,3 9.„, MN ,O, 11 F a, n \• , ,s . , a Ba n � -.y ›- • ` \ cJCI ros1 cn 8k \ • \\ ..%' ,r. y /,,* {o Me 57 a 2'9570 \ '; , ,0',.,.t 1,15, , z \ il, . 1 s- \ ,000 \ ,; L ,t—Z off o \ I z c rn �°o�o�-p�� o S2 y w a tOT 9 z i56 t2gFS_i_ }-g2 w o lil t o iTil i milli 1 1i ;10I iI$ FIGURE 3 iii 1 iR m B. County General Plan The County General Plan Land Use Pattern Allocation Guide ("LUPAG") map designates the subject site Extensive Agriculture. This designation includes lands "that are not capable of producing sustained, high agricultural yields without the intensive application of modern farming methods and technologies due to certain physical constraints such as soil composition, slope, machine tillability, and climate." The proposed family-agricultural subdivision with its FA-3a zoning and resulting in four (4) additional lots would be consistent with this designation. As such, no General Plan amendment would be required to effectuate this project. C. Hilo Community Development Plan The Hilo CDP was adopted by the Planning Commission in 1975 over 25 years ago and intended to further define the General Plan and provide short and middle range implementation strategies of the General Plan. Since the adoption of the Hilo CDP, there have been significant land developments in the City of Hilo, including the shopping complexes in and around the Puainako/Kanoelehua Intersection, expanded commercial uses near the University complexes and commercial/industrial uses along the southern portion of the Waiakea Houselots area. These developments render many of the CDP land use concepts obsolete. Although the document was reviewed by the County Council, the CDP was never adopted by ordinance. The CDP's Land Use Concept Map identified this area as A-20a. However, many of the planning assumptions reflected in the 1975 CDP are now obsolete. The GP LUPAG map —which designates this area Extensive Agriculture— allows consideration for this 3+ acre family agricultural zoning and is, therefore, a more accurate land use depiction of the affected property and surrounding lands. The County Charter requires all change of zones to be consistent with the designation in the General Plan. In this case, the GP LUPAG designation is Extensive Agriculture, and thus, the requested FA-3a zoning would be consistent. D. County Zoning The County zoning of the subject property is Agriculture (A-20a). Although there are properties zoned A-20a zoned in this vicinity, 3 particularly on the north of the subject site, there are also a number of smaller Agriculture and Single-family Residential zonings. There are two areas abutting the subject site and fronting Kaumana Drive that are zoned A-la. Further, the Kaumana Estates Subdivision, located immediately south of the subject site, is zoned RS-15. (Figure 4) If approved, the site would be subdivided in a manner generally meeting with both the Zoning and Subdivision Codes. Notwithstanding the subdivision requirements, all uses and standards consistent with the requested FA-3a zone would be adhered to. It should be noted that four (4) of the proposed lots would have at least 4 but less than 5 acres, making it mathematically impossible for their further subdivision without a zone change. The proposed lot with the Applicants' home would have an area (6+ acres) that could be further subdivided. While the Applicants have no intention of having that lot further subdivided, should it happen, all requirements of the zoning and subdivision codes — including water from the county water system -would be complied with. E. Relationship to SMA Obiectives and Policies The site is not located within the County Special Management Area (SMA). No SMA Use Permit is required. However, as the entire island falls within the Coastal Zone Management (CZM) Area, a discussion of the request's relationship to the CZM Program follows. The site is not adjacent to the ocean. It is more than seven (7) miles from the shoreline. As such, the proposed action should not have any adverse impacts on the area's coastal recreational and marine resources nor have any impacts on beach protection. The likelihood of this improvement having any impacts to the area's historic resources is not high. The site was bulldozed in the past by the Applicants and/or its predecessor in interest for the purpose of making it usable as a residence as well as their cattle grazing functions. In the event any archaeological features are found during any earth disturbance activity, work will stop within the affected area and appropriate clearances from the State DLNR-HPD and County Planning Department will be secured before work resumes. If needed, an archaeological monitoring program can be instituted as well during any land clearing activity. 4 -------- - -- -- v,...„.„ ,,. , ,p,r,,,,,,, '0'4.. .",1„ ,. 1 ....e• P.,:z1,rikw...a, &a,..g.... ,_,5,n„ , -4.-4,:, „...,,,,,I ,,,,,A , ,.1. SUBJECT SITE -- ., 7 • , 4....' . , 7 1 3 ' 3 3 3 1 3 3 • 3 1 4 3 1 3 / 1 ., i 3 3 33 . 3 .1 31 33 333 , 1 -) 3 3 3 3 3 3 3 • .1 3 3 3 3 3 3 1 3 1 3 3 3 3 t 1 1 1 .3 . 1 ? / I 33 3 ; I •3 31 ' ,733 133 , 33 3 3 . 3 3 .. 3 1 .1 , 3 1 , 3 3 5 , 3 - 3 .1 3 .3 .3 I t 7 . ' • 3 l' :, 1 3 ; 3 3 - . 1 3 -1 3 i 3 3 '3 4 3 3 .1 3 .3 3 .5, • 3 . . . 1 1 • 3 , 3 .3 i 3 , . • 1 33 , / 331 , 33 1 ' 31 33 33 '5 33 -- • 3 ... 3 3 1, , 3 3, '3 3 .., "., 3, 3 3 1 3 3 .3. ., 3 33 3 3 3 .3w 3 3.3 .3 3.33 3 1 1 33 1 , 3 3 •, 3 $ 1 3 5 3 3 ' 3 .1 3 3 .1 .3 3 3 3 .1 '', 3 3 33 3 .3 133 . •• 7 ' 7 3 , 1 • ; , 3 .1 3 s 3 3 3, ., 1 1„ 3 .3 1 c;s3)1 5 ''. 33 3 3 53 -3 3 53 -3 . 3 , 3 3 .1 3 $ 3 .1 .3 3 5 - .1 3 33 31 , 3 / ia , • . .1 , 3 33 .1 "' 3 3 3 7 3 3 - , • - • , , 1 , - . - , 3 , , , . 3 , • 3 3 , 1 . • , 5 ' 7 The proposed action will eventually involve the construction of improvements (particularly a dwelling unit) in a quasi-urban setting. Accordingly, there is a potential visual impact to the area's scenic and open space resources. However, the project would involve the construction of, at the most, a single-family dwelling on each of the proposed lots. Given the vegetation and positioning of the subject site, Mauna Kea and Mauna Loa are not readily visible from Kaumana Drive. Relative to the Coastal Ecosystems, impacts should be negligible, if at all, as the site is located well over seven (7) miles from the ocean. Notwithstanding the distance, the nature of the project—family agricultural — and the construction of only four (4) more private wastewater systems should not generate significant, if any, coastal ecosystem impacts. The proposed action will result in creating the potential for family- agricultural lots in this area. This should thus provide additional opportunities for small-scale farming. In so doing, the project could aid the agricultural economy and the overall economic use of this site and the area in general. Because of its distance from the shoreline, the site should not be subject to coastal hazards. Relative to the managing development objective, this function is more applicable to the "authority" or approving agencies. However, it is noted that the request would operate and be constructed within the scope of the Zoning Code. The subject site would be zoned FA-3a, and the requested use and design/parameters (parking, height, setback, etc.) would be consistent with said zoning. In that regard, the project would be consistent with this policy. Finally, in terms of the public participation objective, this is generally a public agency function. This is achieved through the Marine and Coastal Zone Management Advisory Group (MACZMAG) and the public hearing process required pursuant to the Planning Commission's Rules and County Council's meetings on this application. Notices of this application will become available through the posting of a sign on the property, as welt as sending two (2) notices to surrounding property owners, one at the time the application is filed and again, prior to the public hearing. 5 Based on the foregoing, it is concluded that the requested improvements would be consistent with the objectives, policies and guidelines of the Coastal Zone Management Policies, as outlined in Chapter 205-A-23, HRS and Planning Commission Rule No. 9 relating to Special Management Area. F. Other Permitting Requirements As noted earlier, other permits would still be required. These would be of the "ministerial" variety, such as Subdivision Approval, possible driveway access permit, and the like. V. ENVIRONMENTAL CONSIDERATIONS A. General Description The parcel is somewhat irregular in shape. It has two frontages — Kaumana Drive and Lyman Springs Road, with most of its frontage along Kaumana Drive. The Applicants' residence is situated fronting Lyman Springs Road; the balance of the property is used essentially for cattle grazing. About a 100+ foot wide band of land fronting Kaumana Drive has not been fully cleared. The balance had been cleared and used for cattle grazing/pasturage use. The site is situated at about the 1,250-foot elevation level. The site gradually rises in an east-west direction, with the highest point being at the western end of the property fronting Lyman Springs Road. In spite of the gradual rise, there does not appear to be any topographic constraint in developing and utilizing the site for four (4) more 3+ acre sized lots. In addition to the Kaumana Estates Subdivision, there are homes proximate to the subject site along Kaumana Drive. The general area has more of a rural residential flavor to it. According to the State Commission on Water Resource Management, the closest rain gauge in this area is the Hilo Airport. The annual median rainfall for this area is approximately 131 inches. The average daily temperature ranges from a minimum of 61 degrees to 79 degrees Fahrenheit. Wind patterns are generally easterly during the day and westerly during the evenings. 6 B. Soils and Topography According to the Natural Resource Conservation Service's Land Study Bureau Overall Master Productivity Rating, the site appears to have dual designations. That portion where the dwelling is situated fronting Lyman Springs Road has a Class "C-75" or"fair" designation. The remaining area is designated "E"-320 or"very poor". (See Figure 5) The C-75 soil is of the Kaiwiki Series, which is characterized by deep soil with moderately fine texture. It is also well drained and moderately suited for machine tillability. The runoff is medium, and the erosion hazard is slight. The E-320 soil is of the bare Pahoehoe Series, which is characterized by no soil material. It is well drained and not suited for machine tillability. It should be noted that the physical condition of the ground shows otherwise, as that portion of the land is currently being used for cattle grazing. Again, because of the general nature of maps, the project site appears to have dual designations under the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system. That portion designated C-75 appears to be designated "Prime", while the balance is not classified. As noted earlier, the topography of the site slopes in a north to south direction, with the lower portion being at the north end. The slope appears to average 10 percent, with no perceptible deviation. C. Natural Hazards 1. Drainage The initial Federal Emergency Management Agency Flood Insurance Rate map ("FIRM") identified a floodway (Zone "A") designation running in a north/south direction that bisected the subject site. The balance of the site was designated Zone "X", areas outside of the 500-year flood. (Figure 6) Subsequently, the FIRM map was amended, eliminating the floodway. The entire site is now designated Zone "X". (Figure 7) Thus, according to this designation, there are or should not be any drainage ways on the site. 7 ''','.,4•4-`..,,,;:i?,,:tatill';;;;!:.1,17. 7^- 4,,,,* ,< '=",:,,,..r4p,,,,-1.- L''',V4 ri4::'," •'''.:'.:'-' '''''''-7777:' '- ' - ,,,,,,,,uks,,,,',:''^-, ,,Z•ri,..;;STAII,V.I'Y''A'C's,''''.'41:-3313ti:`?----,:-"J2}. '''1,3"-• -7 i 3 ' ' ,,,:.:' : , , - ,,,,,,,,,,,,,..,,„ '-- r.4,1,,,,,t,..z.,„1?4::1',','-,,,..k.,,,.-',',,, •<',4::;---"7. k:1°-, -,;',,,;‘,..<,..",',..--,3` ' °,---;•1'; ,-,,4.,--.„„, ','i • , ,,,,,,, ,,,,„.,sp14',.%`",ifiR,symrit,-,..c',714',V;i.,,A73`„3 43,-.°•31".3r.fti3,7,-3::',. 3 , ,;, 2 '-'-3,,.., '- - 3-- :,,'.-*--, 1: 3' (' 1‘• ''. 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' �6' G �rIJP 4 89' s3•-4- rt 0 2 O ACs. _ '• Y�Cno't Lard- }-. }60.00 .' 0( , .- 2.01 lrk� .,,,i,,,,,,,7„.” dpi y — p�• � ;,31:0, o '�^ � %l V 0 `� 0 l' e'6%cj/� T �'ut° ty°• r hit�;L4 Zvi \\ • 1-, 0 , N' o• <'''''.:41., ..,,,,-- N � req;,,°. • G +1 tem�l o`.wn \-.).:1e" ,/ y (u � . ..t,,\.• % lam �y ',' SUBDIVISION F FOR NUMBER /2Or Z,...--Z: N.51›.- <2.APPROVED RECORDATION will thee. of 1 o z -_ °[H .• !`� 1/ Gutf ./�•.vim— Director,County or r+arra \"- �i %'F-. 'r";o ff c AE JAN 5 2000 \ o� ay. ' 13 ow>Jares: \ ',:��SZt,n- LOTS 1—, A, t AtJU Ig-G I-12rk te,ciri ues hw� ' g \ ,y� Subdivision of — 'a Yuhtli 5}rPr..} H;lo•Ni. �N" ; OYi'ior, of' op H`..te-a A.. becoif, Loy :=� Grant 4O` O 1-c,. J. S. CzDnar10 lila Hclea EN.), r;Go=.� - r FCe.aacl,Hi KAUMAtJA HOM�ST>=A1�S •z� Hichae;r F.JanisY. 3-1-2,....--41,-.,, 1,7Q-uTn--r _ sOUrh 1--lito Hawalt, Hawai.t I:1 41 Hatc:nt circle. }bk., 141• & T1-4 K.. 3s1.,,2. 5•c>:2=J FIG 6 &na 14,18r ';'vc:' t4leutc _rr.;r+ and t";an'oy ^urray.Smth g AssOci-.-.., L1ot. Ox 5ai-iilo.l-jwati J�t, ii1e) . ,.., -,°,rn., fr: yd .art i '� ,� +t Fy'a t_5 !4'J1 X 4,1.4t"pi_ .& - n, l V'1 ?. rte. wt4 '(fi"i 1,'!„1;':•: x ter' I y JI l k (,,!11, 1''f d - i ' 14• !A. It.:., • , t--". i � El' � � 'R 1 "sis r J�A�h � y r 'r;x - s F - t T 4 i = i 3 " t t'z ,i : s `'<4. r i•'- �, a 'r '.,,i?,"_':'.k -,e-' �'a T . i �. a (rrt.; 1 w* a S r> t•R 1?il i tt��.. 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Ji N fI .rtl r31 7 i � S� � � 4 l4 4 ti !- `f,' s J a c +� ��x qui .. +-oi...}� �' r �r�s 't (� a i u � > - ti� �1- s�!a'f �`" �s x•<;, �r ti c- f +� �l, � � 2 _1 ��` ��' x �- Ati4{ dpi :--* y I S 1 3 ��7 d LT i,,-t -x� rerf,:K 1 s-'` y`i rw N ti4 ;•��;y3�.,iiil '-4. i l i'._ ,, iii: , b. '�canu g` s y re i @s f is a �R.� ; � it 1pz- '''f:• +2.'�tjit'G r�QB(ll "l ', �1j... n t'\ i.�1.' { ,,s t .F J I j4 k'�41' gp t'r*-� n 5- i: 3 9 '+ VF►, r• lull�.J i .. ['- t hw.1 f lxi i < 7J7 '''-\_1‘...:t1 ✓ \ 5 :' T2 1 1.. J+� fly K � � � V� gd 1 ,�< ''-J li • �I 5.°1 2ni ��,f�`' �k tAri�0 4 �'44� _ `z . .. i Alli-1-k L `t SUBJECT 9 r,fi '�gi1'5.iik;: ! '.;,41,114.P1,-..,4,iy:, i '.; ,-� f , 1 ';.' 6 '1 4¢Tq f4a` re i k -., -� � pi, SITE kw �, ti k m m \p U'P � ,pS41ui ', # ,,i '.�`r�� rfi> �s t•a Kl7i�� -c,, \;.1 i „,�F i"F ap`; t e.+�e a�'f1$ Ti��4 *t'.:' k�Y ..� O �t `� ,Y a . • • t r� >y µ 3ts �� ? ri Pry r p /S _ .a r f t 1 ' a3 c +N1f'cv¢! _ ,� fr'..F • .' al'e5 r s a cam.xrL14.4iT 'sr�'$,y; •;---.. - _.—._ >I�� T__ J-g °� 3 { - •cat'�i ,.c, r---4 a„fw y �. --- ,/—'.t �' i. t zSrz fwd.,_.d 3 8 4 F} , a FI iJ�E 7 {;�� f; K - .�:-. S F.: J -” r• to • • , h �. �` • �;,. \� �_ .� :`�Y fir, Nevertheless and pursuant to County drainage requirements, appropriate drywell and/or similar means to capture runoff from any improvements will be built, if necessary, in conjunction with the appropriate subdivision and permitting process. 2. Volcanic, Earthquake and Tsunami Hazards According to the United States Geological Survey maps, the project site is located within Lava Flow Hazard Zone 3, on a scale of ascending risks 9 to 1. The entire City of Hilo falls in the Zone 3 category. The Building Code designates the entire island of Hawaii Earthquake Zone "D" and contains certain structural requirements to address the relative seismic hazard. All structures would have to comply with this standard. 3. Tsunami Hazard As the site is located over seven (7) miles from the ocean, it is located outside of the Civil Defense's Tsunami Evacuation Zone. D. Flora/Fauna Although there were no professional surveys conducted of the floral or faunal resources of the site, the Applicants do not believe that rare or endangered floral or faunal resources are likely to be found within the subject site. The Applicants cleared and constructed four (4) grazing paddocks on the site. They then introduced a hybrid of the pangola grass (Digitaria eriantha) for their cattle grazing activity. Most of the clearing occurred at least one hundred (100) feet from Kaumana Drive. Thus, the vegetation fronting Kaumana Drive reflects some ohia trees and stag horn fern, which is typical in this area. There are also some Albizia, pine, and lowland koa trees in the cleared portion of the site. With the exception of the koa, the trees are all invasive and non- native. Thus, the floral impacts should not be significant, if at all. The site is not known to be a habitat for any rare or endangered animal life. Given its elevation, however, it would be possible to find the Hawaiian Hawk (I'o) and the Hawaiian Owl (Pueo) flying in the general area. Further the rural nature of the surrounding areas would make it less likely to find endangered animal life in this area. 8 E. Historic/Cultural/Archaeological Resources As the site was formerly bulldozed and cleared, no commissioned archaeological survey of the site was made. However, if needed, an archaeological monitoring plan can be prepared and implemented in conjunction with further land clearing activity. Furthermore, in the event any inadvertent discoveries are made during any land disturbance activity relating to this project, work will cease and the applicant will immediately notify the Planning Department and the State DLNR and secure their clearances before proceeding further. G. Valued Cultural Resources In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai 0 Ka'Aina decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated tradition and customary practices of this site. In this situation, the subject site is not adjacent and/or proximate to the shoreline. As such, gathering of marine life and coastal access is not an issue. It is not known whether the subject or immediate surrounding area was used in the recent past for the gathering of plants by native Hawaiians. The Applicants have not observed any native Hawaiians on the site or adjoining properties gathering plants. Thus, it would appear unlikely that the site would serve such purpose today. In the event legitimate gathering claims are made by native Hawaiians, the Applicants intend to respect and honor such claims and provide the needed access within the site. Based on the above, it does not appear that the project would have any potential adverse impact relative to the cultural and historical resources of the area. H. Water and Coastal Resources The subject site is located well over seven (7) miles from the coastline. As such, coastal impacts resulting from discharge of 9 wastewater systems from the site should not be significant. Further, being a non-coastal property, no coastal access will be affected. Septic tanks or their equivalent meeting with the approval of the State Department of Health will be installed in conjunction with the construction of any dwelling on the site. Noise, Air Qualidy, and Dust With the exception of the existing dwelling fronting Lyman Springs Road, Kaumana Drive will serve as the main access for all of the newly created lots. The existing ambient traffic level in this area is reasonably high, as it serves as one of the major cross-island roads. As such, the corresponding noise level could be understandably high during certain times. The subdivision project itself—with its four (4) additional lots - should not significantly add, if at all, to this noise level. However, to address this noise impact for the future lot owners, the Applicants intend to retain most of the stand of ohia trees fronting Kaumana Drive to act as a noise buffer. There may, however, be short-term noise impacts associated with the construction of any required infrastructure or dwellings on the proposed lots. In that event, contractors will be required to comply with appropriate noise and related mitigation measures of the State Department of Health. The proposed development should not generate any direct air quality impacts. The only discernible air quality impact could be associated with the vehicular traffic to and from the site. While there will be an impact to the ambient air quality, the impact should not be significant, as the project will increase the density by only four(4) additional units. Further, with higher EPA standards for automobile air emissions, the air quality impact should thus hopefully not be significant. As such, with the exception of potential construction dust associated with any future dwelling, the short and long term dust generated by the project should be minimal. Construction dust, however, like construction noise will have to comply with the State Department of Health's regulations. 10 J. Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there are sites or areas listed as being a scenic resource. The subject site is not listed as a scenic site. However, there were a few examples cited in the Hilo area, such as the view of Mauna Kea. In this situation, the views of Mauna Kea from Kaumana Drive would not be affected. Mauna Kea is barely, if at all, visible today from Kaumana Drive in this area because of the existing vegetation. Even if it were, the only structures would be residential in nature and given the proposed size of the lots, there should be ample room around the structures to view Mauna Kea. VI. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses The land use in this area is generally rural/urban in nature. There are a number of single-family residences within the Kaumana Estates Subdivision. Additionally, there are dwellings on the adjoining properties that are zoned A-la. There does not appear to be any active agricultural activity on the adjoining properties that are zoned A-1 a, A-10a, orA-20a. Given the existing and zoned conditions, the proposed rezoning and the four (4) additional 3+ acre lot subdivision would not be incongruous with the emerging rural pattern of this area. B. Economic Impacts The requested zoning would have some measure of limited economic impact, as it would make four (4) additional fee simple lots with some measure of agricultural potential more readily available. Although the project is intended to address the applicants' family, it would still enable the ultimate user the opportunity to engage in some sort of limited agricultural activity. It should be noted that the existing paddocks will be retained. That would facilitate the use of a significant portion of the proposed lots to continue the cattle grazing activity. Further, there will be some small short-term construction activity. This could help with the area's economy. 11 C. Agricultural Impacts As noted earlier, the site has been and continues to be used for some limited measure of agricultural activity in the form of cattle grazing. Currently, the Applicants have four(4) paddocks where they raise between 10-15 heads of cattle. In that regard, it has been granted agricultural usage assessment. Thus, its continued potential exists. Notwithstanding the less than intensive agricultural use of the subject site, the surrounding 1-acre lot subdivision is not being used agriculturally. Some of the other properties that are zoned either A- 10a or A-20a A-3a are either vacant or used for only limited grazing. Thus, the creation of four (4) additional lots should not diminish the site's agricultural potential nor have an impact on any active farms in this general area. VII. INFRASTRUCTURAL CONSIDERATIONS A. Road Although the subject site has access from Lyman Springs Road, access to the proposed lots project would be from Kaumana Drive. In this area, Kaumana Drive —which is a County owned and maintained road - has a 50-foot wide right-of-way, with a pavement width of 20+ feet. As noted earlier, an 800-foot stretch of the Kaumana Drive road actually is located on the subject property. The Applicants have an indemnification agreement with the County over its continued use without any compensation. The Applicants are prepared to relinquish this portion permanently to the County and request that this dedication be credited against the "Road and Traffic" component of any fair share requirement. Only one of the proposed lots where the existing dwelling is situated (Lot 15-A-1) would continue to use Lyman Springs Road. (See Figure 3) This County road has a pavement width of 12-14 feet within a 20+ foot wide right-of-way. Because the projected traffic impact would be less than five (5) vehicular movements during the AM/PM peak hours, the concurrency requirement for a traffic impact analysis report is not applicable. B. Water The existing dwe ling is being serviced by a line fronting either Lyman 12 Springs Road or Kaumana Drive. For the proposed subdivision, however, water service for all lots, other than the one with the dwelling, would come from the line fronting Kaumana Drive. C. Wastewater There is no County wastewater system in this area. As noted earlier, a septic tank system meeting with the approval of the Department of Health would be allowed in this area. This will be done by the respective landowner in conjunction with the construction of a dwelling. D. Solid Waste Solid waste will be handled through commercial haulers or the individual homeowners into authorized landfill sites or transfer stations. With the requested FA-3a zoning, the potential for uses with toxic or related chemical waste would be minimal, if at all. Further, most if not all agricultural waste will be retained and utilized on the property. E. Other Government Services As this area is already part of the Hilo urban area, it is already being serviced. No extension of government services would be required. The nearest fire station is located near Ainako Avenue, approximately four (4) miles from the site. The Police Station is located in the city center, approximately six (6) miles from the subject site Public school (K-12) is available at the Hilo High School Complex, less than five (5) miles from the site. Kaumana Elementary School is located about 1.5 miles from the site. County parks are available along at Ainako and Gilbert Carvalho Parks, about 3-4 miles away. . As such, the project should not result in the extension of any government services. Further, the required public facilities are located reasonably proximate to the subject site. F. Other Utilities All other utilities such as telephone, cable, and electrical services are available to the site. 13 VIII. IMPACT SIGNIFICANCE ANALYSIS A. Relationship Between Local Short-Term Uses of Environment and Maintenance and Enhancement of Long-Term Productivity If the request were denied, the short-term use of the area of the proposed rezoning would probably continue in less than intensive level of agriculture in the form of cattle grazing. The Applicants would not have an opportunity to create a rural sized lot with some measure of agricultural potential for their family. From a long-term productivity standpoint, then, the proposed additional four (4) lots could provide a heightened level of possibility in having the land used for more intensive, although on a smaller scale, agricultural activity while providing residential opportunity for family members. B. Irreversible and Irretrievable Commitment of Resources As the site has been relatively disturbed in the past, it is not likely that its development would result in an irreversible commitment of natural or archaeological resources. The soil on the parcel has been classified for the most part "D" or poor by the Land Study Bureau. Yet, there is always a potential for possible small-scale agricultural activity on the site. It is reasoned that the creation of the 5-lot subdivision should help foster and not remove this land from its agricultural potential. Further, it is not likely that the site has any significant archaeological features. This is evidenced by the prior grading of the site. Again, if needed, a monitoring program can be conducted during any land disturbance activity. C. Mitigative Measures The Applicants intend to make improvements, if required, generally consistent with the subdivision process. Further, if there is any construction activity, contractors will be obligated to comply with appropriate State noise and air quality standards. Should unanticipated archaeological finds be discovered in conjunction with any further development of the site, work will stop (as 14 is required by the State and County) and clearance secured before work is resumed. While there was an existing drainageway on the property, it no longer exists. The entire property is now situated within Zone X, areas outside of the 500 year storm, on the FIRM maps. Nonetheless, any and all required grading or grubbing work will be done in conjunction with the required permits and/or a SCS Agricultural Plan. This is to assure that the development of this site does not adversely affect the drainage of surrounding properties. Finally, there will be no person or businesses to be dislocated by this project. D. Alternatives to the Proposed,Project 1. No Project Under the status quo alternative, the site could continue in its limited cattle grazing and residential status. The Applicants would also not be able to reasonably facilitate its estate planning. 2. Alternative Density Under this alternative, the Applicants could seek a more intensive zoning, such as a FA-la zoning, given the LUPAG Extensive Agriculture classification of the site and the adjoining A-la zoning. Such an approach, however, may not be compatible with the policy of trying to foster more family-oriented type of agricultural activities, while being generally compatible with the surrounding low-density rural/urban uses. 3. Evaluation of Alternatives The project's impacts to the area's social and physical infrastructure would not be pronounced. Certain mitigative measures could be taken to address any possible impacts associated by the development of this project. Further, the project would be consistent with the land use objectives sought to be accomplished by the County General Plan LUPAG map. 15 In view of the aforementioned, it would appear that none of the alternatives would be more prudent and beneficial than the requested FA-3a alternative. IX. REGULATORY ANALYSIS A. General Plan LUPAG Map The General Plan provides for the long-range comprehensive development of the island of Hawaii. It provides direction for balanced growth in the County. The LUPAG map designates the site Extensive Agriculture. This designation allows the requested FA-3a zoning without a General Plan amendment. B. General Plan Polices The requested zoning would be consistent with the goals, policies, and standards of the General Plan document. For one, it may provide limited short-term economic opportunities largely through the construction of any improvements required for the subdivision. More importantly, however, longer-term opportunities would be created largely in the form of small-scale family-agricultural farms. In so doing, the resultant project should add revenues to the County and State coffers. The project intends to be energy conscious through the use and/or encouragement of solar energy and design features to take advantage of the sun and wind patterns. Maintaining and improving the quality of the environment is important to the success of this project. The General Plan identifies five (5) areas of environmental concerns - air pollution, water quality, soil pollution, solid waste disposal, and noise pollution. As proposed, the project would not be violative of any of those objectives. Aside from the very limited vehicular transmission, air pollution associated with the project should be negligible. All wastewater systems would be consistent with the requirements of the State Department of Health. This should be sufficient to address any potential groundwater or coastal water impacts. If required while not necessary for a project of this nature and size, a solid waste management plan could be prepared and implemented. 16 The project will also not be a noisy one, except as may be associated with the limited cattle grazing or farming operations. Any noise- generating facility- such as air conditioners -would be carefully placed to minimize their noise impacts to adjoining properties. Further, it is unlikely that this site would be used as a processing plant, as it would be more economical to send products elsewhere. The project area is outside of any floodway. Nonetheless, if required, a drainage system will be designed and constructed (especially in conjunction with the subdivision approval process) in a manner to protect the property as well as to minimize the volume of surface runoff generated by this development. The site does not appear to have historic sites due in large measure to the prior grading activity on the site. Nonetheless, work will cease if unanticipated archaeological remains are discovered during the development of this project. Work will resume only after proper clearances from the State and/or County have been received. While there have been sightings of the Hawaiian hawk (I'o) or the owl (Pueo), this area is not their primary habitat. As such, the subject project should not have any significant impacts on rare or endangered plant or animal life in this area. As the FA-3a zoning would allow a dwelling, the project will indirectly fulfill the objectives of the housing element by creating four (4) more lots. The Plan also emphasizes that developments be mindful of an area's natural beauty. In this situation, the project—with the protective conditions—will be used in a manner where it blends with the existing terrain. As the project site is more than seven (7) miles from the ocean, the usual coastal resources concern is not pronounced. There will be no interference with shoreline access. Then, too, through the use of a septic system or other acceptable form of wastewater system, impacts to the coastal water will be minimized. There will be marginal impact to public facilities. The wastewater system will be private, and the county water line exists to the site. Vehicular access to the site is already fully improved to County dedicable standards and accessible by emergency vehicles. Schools 17 and other public facilities are also located proximate to the site, most of them being less than five (5) miles away. Finally, in terms of the Land Use and Agricultural elements, the pertinent goals, policies, and standards of the General Plan note the following: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County • Protect and encourage the intensive utilization of the County's limited prime agricultural land • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need • The compatibility of agricultural and non-agricultural uses should be carefully reviewed and where appropriate, buffers required • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations • The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment • Agricultural land shall be used as one form of open space or green belt. In view of the foregoing goals and policies, it is noted that the requested zoning would be consistent with the Low Density Urban designation of the LUPAG map. It would also be generally compatible with the surrounding area. There are some 1+-acre lots and A-la zoning adjacent to the subject site. More so, there is a residential subdivision zoned RS-15 just south of the project site. 18 The Land Study Bureau classifies a portion of the subject property as "C" or"Fair", with the balance "E" or"Very Poor" from an agricultural resource perspective. This request should actually encourage more intensive agricultural activities on the site. The lot size would be conducive to the Applicants' needs for a residence and family type of farm for their family members. The property has no severe topographic or geologic problems that would render the land unusable for the proposed subdivision and activity. C. Hilo Community Development Plan As noted earlier, the Hilo CDP was adopted by the Planning Commission in 1975 Over 25 years ago and intended to further define the General Plan and provide short and'middle range implementation strategies of the General Plan. Since the adoption of the Hilo CDP, there have been significant land developments in the City of Hilo, including the shopping complexes in and around the Puainako/Kanoelehua Intersection, expanded commercial uses near the University complexes and commercial/industrial uses along the southern portion of the Waiakea Houselots area. These developments render many of the CDP land use concepts obsolete. Although the document was reviewed by the County Council, the CDP was never adopted by ordinance. The CDP's Land Use Concept Map identified this area as A-20a. The requested FA-3a zoning would still be in keeping with this agricultural goal, although with smaller lots. Notwithstanding the smaller Agricultural lots, some of the planning assumptions reflected in the 1975 CDP are now obsolete. The GP LUPAG map therefore is a more accurate land use depiction of the affected properties and surrounding lands. The County Charter requires all change of zones to be consistent with the designation in the General Plan. In this case, the GP LUPAG designation is Extensive Agriculture, and thus, the requested FA-3a zoning would be consistent. D. Zoning and Subdivision The designated zoning of the site is Ag-20a. Should the FA-3a zoning be approved, the requirements of the zoning and subdivision codes would generally be complied, including use and related development 19 standards. These include the possible incorporation of appropriate restrictive covenants relating to density, use, and design restrictions. E. State Land Use Agricultural Standards As the requested lots will be more than 1-acre, the request would not in principle violate the minimum lot size standards of the State Land Use law. All of the applicable use guidelines of said law would be adhered to. 20 i. • • INDEMNIFICATION AGREEMENT THIS INDEMNIFICATION AGREEMENT,made by and between the COUNTY OF HAWAII(hereinafter referred to as "the County"), and MARK RODRIGUES, owner of Tax Map Key No. (3)2-5-03-024 (hereinafter referred to as "Rodrigues"); WHEREAS, Rodrigues is the owner of Tax Map Key No. (3)2-5-03-024, located on Kaumana Drive across Kaumana Estates; and WHEREAS,based on a recent survey of the parcel,it has been determined that the edge of pavement of Kaumana Drive, a County owned and maintained roadway, encroaches into' Rodrigues' property, as shown on Exhibit A attached, for a distance of approximately 800 feet; and WHEREAS, Rodrigues will allow the County to encroach until such time as the roadway is resurfaced and the encroachment can be corrected; and WHEREAS, in return for such consent, Rodrigues seeks indemnification from the County; and WHEREAS, this will save the County money in terms of not having to purchase the _. encroachment or move the roadway at this point in time. NOW, THEREFORE, be it agreed that in exchange for mutual consideration: 1. Rodrigues will allow the encroachment of Kaumana Drive into his parcel as shown on Exhibit A until such time as the County is able to relocate the roadway. 2. The County will hold harmless, indemnify and defend Rodrigues against all lawsuits, demands, claims,judgments, liens and costs resulting from the County's encroachment of Kaumana Drive into Rodrigues' property, Tax Map Key No. (3)2-5-03-024, as shown on Exhibit A. EXHIBIT A 1� i • 3. This agreement shall continue until such time as the encroachment is terminated. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly executed this \c`41- day ofv.t , 1999. COUNTY OF HAWAII By IF / Q TEPHE YAMASHIRO Its Mayor i 0,45,• ' i RODRIG> S RECOMMEND APPROVAL: J IRO S • I • Deputy Chi- gineer County of Hawaii APPROVED AS TO FORM AND LEGALITY: GD TAKASE Deputy Corporation Counsel County of Hawaii A r STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this \MAIL day of Fpr;\ , 1999,before me personally appeared STEPHEN K. YAMASHIRO, to me personally known,who,being by me duly sworn, did say that he is the Mayor of the County of Hawaii, a municipal corporation of the State of Hawaii; that the seal affixed to the foregoing instrument is the corporate seal of said County of Hawaii; that the foregoing instrument was signed and sealed in behalf of the County of Hawaii by authority given to said Mayor of the County of Hawaii by Section 5-1.3(g) of the County Charter, County of Hawaii (1991), as amended; and said STEPHEN K. YAMASHIRO acknowledged said instrument to be the free act and deed of said County of Hawaii. Signature MYRLEEN K. KALOI Print or type name Notary Public, State of Hawaii My Commission Expires: al I le'aool g. • 0 STATE OF HAWAII ) ss. COUNTY OF HAWAII On this /9 M. day of tic. , 1999,before me personally appeared MARK RODRIGUES, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. 7 W Signature Valerie M. H. Tanimoto Print or Type Name Notary Public, State of Hawaii My Commission Expires: ary `j C746149 vS e w 1 I < \ / : `: %— }a \` *ilt 5)4,5502 ial" 5110© \ §\/ ƒ. , : \ ` } \ . » k , !c„,„ , ! ---4. y \ ( , ` 7 ` ) . 4: _ . . , \ ) vs: i \ : \ . ` Ilk . ` 2 // . _ ~ , , t ` /ƒ ! t. \/ \ ` / \ �, / \1 / | \ \ •1. .o , � 1 . : « o ) \ t ! ` C.:15------- , \ / ` . , ® 9\ \ ~� ' C \ % ) - - . \ ç qflil la It \ , \ . } xl ' » , ;\ ' 2 \ \ � } ED . \ \ ` \ kr\'a Y ©y . i Y 4 ) jle 9 = » . , I. © \ ; DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: July 21, 2015 Nemetvuudes TO: Duane Kanuha, Planning Director FROM: fil/1- Department of Public Works, Engineering Division SUBJECT: CHANGE OF ZONE APPLICATION (REZ 15-000190) Applicant: Mark and Kim Rodrigues Request: A-20-a to FA-3a Tax Map Key: 2-5-03: 024 We have reviewed the subject application forwarded by your memo dated June 23, 2015 and offer the following comments for your consideration. All development-generated runoff shall be disposed of on site and not directed toward any adjacent properties. A drainage study shall be prepared and the recommended drainage system shall be constructed meeting the approval of the Department of Public Works. 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). On the subdivision plat, identify all watercourses and drainageways and designate areas within as approximate areas of flood inundation. The Zoning Map classifies Kaumana Drive as a secondary arterial. To preserve its functional classification, we do not recommend direct access. There exists a 10-ft wide "No Vehicular Access Planting Screen Easement" along Kaumana Drive on the final subdivision plat (approval number 7201 dated Jan. 5, 2000) that created the subject lot. Lyman Springs Road a 30-ft wide government homestead(County)road right-of-way. The Planning Department shall determine any recommended future road widening setback(s). Questions may be referred to Kelly Gomes at ext. 8327. 099966' ru: aatng Dept. F 'f1FM11} __ County of Hawaii is an Equal Opportunity Provider and Employer • ti DQE WATER y- _ nWG <B •i¢‘• :•9 11 DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII -,_Po�xAwA„+ 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720 --"" TELEPHONE (808) 961-8050 • FAX (808) 961-8657 August 5,2015 • TO: Mr. Duane Kanuha, Director Planning Department FROM: Keith K. Okamoto, Manager-Chief Engineer SUBJECT: CHANGE OF ZONE APPLICATION (REZ 15-000190) APPLICANT-MARK AND MM RODRIGUES REQUEST: A-20A TO FA-3A TAX MAP KEY 2-5-003:024 We have reviewed the subject application and have the following comments and conditions. Water can be made available from an existing 8-inch waterline within Country Club Drive and an existing 8-inch waterline within Kaumana Drive, in accordance with the Department's existing water availability conditions,which are subject to change without notice. Please be informed that there is an existing 5/8-inch meter serving the subject parcel,which is limited to an average daily usage of 400 gallons. Therefore, pursuant to Rule 5 of the Department's Rules and Regulations, a copy of which is being forwarded to the applicant,a water commitment may be issued. Based on the four(4)additional units requested in the proposed 5-lot development,the required water commitment deposit is$600.00. Remittance by the applicant of the$600.00 is requested as soon as possible so that a water commitment may be formally issued. The commitment will be in writing with specific conditions and effective dates stated. Please keep in mind that this letter shall not be construed as a water commitment. In other words,unless a water commitment is officially effected, water availability is subject to change without notice,depending on the water situation. For the applicant's information, final subdivision approval will be subject to compliance with the following requirements: 1. Construct necessary water system improvements, which shall include,but not be limited to: a. water mains capable of delivering water at adequate pressure and volume under peak-flow and fire-flow conditions; minimum diameter of mains shall be 8 inches from Country Club Drive, b. installation of a service lateral that will accommodate a 5/8-inch meter to the additional lots, and c. subject to other agencies' requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development, the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities, should they be necessary. Planning De 100 � A �: Exhibit .`Water, Our Most Precious Resource . . . Ka'WaiAKKane , . . The Department of Water Supply is an Equal Opportunity provider and employer. Mr. Duane Kanuha, Director Page 2 August 5, 2015 Submit construction plans prepared by a professional engineer,architect, or land surveyor, registered in the State of Hawai`i,for review and approval. 2. Remit the prevailing facilities charge, which is subject to change, as shown below: FACILITIES CHARGE(FC): Four(4)additional units @$5,500.00/unit $22,000.00 Total FC $22,000.00 These are due and payable upon completion of the installation of the required water system improvements and prior to final subdivision approval being granted. For your information,water commitment deposits are credited towards the final facilities requirement for the development. Note that the amount of water commitment deposit may exceed the prevailing facilities charge amount; for example,when requests for time extensions continue and are approved. Until the development is finally completed,these are separate and unrelated items. In the event that water commitment deposits exceed the facilities charge, no refunds are applicable. 3. Submit the appropriate documents, properly prepared and executed,to convey the required easements to the Water Board of the County of Hawai`i prior to final subdivision approval being granted. A registered land surveyor shall stamp and certify the metes and bounds description within the conveyance documents. However, prior to water meter services being granted to the development,or any lots within,the conveyance documents shall be accepted by the Water Board. Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at 961-8070, extension 256. Sincerely yours, Keith K. Okamoto,P. . Manager-Chief Engineer RQ:dfg copy— Mr. Mark and Ms.Kim Rodrigues(w/copy of Rule 5 of the Rules and Regulations) Mr. Sidney Fuke, Planning Consultant William P. Kenos :� �'. T Darren J. Rosario Mayor Fire Chief • Renwick J.Victorino ij' Deputy Fire Chief (County of TOatuai.`i- HAWAI`I FIRE DEPARTMENT 25 Aupuni Street•Suite 2501•Hilo,Hawaii 96720 (808)932-2900•Fax(808)932-2928 August 3,2015 TO: DUANE KANUHA,PLANNING DIRECTOR FROM: DARREN J. ROSARIO,FIRE CHIEF SUBJECT: Change of Zone Application(REZ 15-000190) Applicant: Mark& Kim Rodrigues Request: A-20a to FA-3a Tax Map Key:2-5-003:024 In regards to the above-mentioned Change of Zone application,the following shall be in accordance: NFPA 1, UNIFORM FIRE CODE,2006 EDITION Note: Hawai`i State Fire Code, National Fire Protection Association 2006 version, with County of Hawai`i amendments. County amendments are identified with a preceding "C-S"of the reference code. Chapter 18 Fire Department Access and Water Supply 18.1 General. Fire department access and water supplies shall comply with this chapter. For occupancies of an especially hazardous nature, or where special hazards exist in addition to the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, or areas where there is an inadequate fire flow,or inadequate fire hydrant spacing, and the AHJ may require additional safeguards including,but not limited to, additional fire appliance units, more than one type of appliance,or special systems suitable for the protection of the hazard involved. 18.1.1 Plans. 18.1.1.1 Fire Apparatus Access. Plans for fire apparatus access roads shall be submitted to the fire department for review and approval prior to construction. 18.1.1.2 Fire Hydrant Systems. Plans and specifications for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction. a: * Punning e . 100171 V.464-04 Exhibit Hawai'i County is an Equal Opportunity Provider and Employer. Duane Kanuha August 3,2015 Page 2 C- 18.1.1.2.1 Fire Hydrant use and Restrictions.No unauthorized person shall use or operate any Fire hydrant unless such person first secures permission or a permit from the owner or representative of the department, or company that owns or governs that water supply or system. Exception: Fire Department personnel conducting firefighting operations, hydrant testing, and/or maintenance, and the flushing and acceptance of hydrants witnessed by Fire Prevention Bureau personnel. 18.2 Fire Department Access. 18.2.1 Fire department access and fire department access roads shall be provided and maintained in accordance with Section 18.2. 18.2.2* Access to Structures or Areas. 18.2.2.1 Access Box(es). The AHJ shall have the authority to require an access box(es)to be installed in an accessible location where access to or within a structure or area is difficult because of security. 18.2.2.2 Access to Gated Subdivisions or Developments. The AHJ shall have the authority to require fire department access be provided to gated subdivisions or developments through the use of an approved device or system. 18.2.2.3 Access Maintenance. The owner or occupant of a structure or area,with required fire department access as specified in 18.2.2.1 or 18.2.2.2, shall notify the AHJ when the access is modified in a manner that could prevent fire department access. 18.2.3 Fire Department Access Roads. (*may be referred as FDAR) 18.2.3.1 Required Access. 18.2.3.1.1 Approved fire department access roads shall be provided for every facility, building, or portion of a building hereafter constructed or relocated. 18.2.3.1.2 Fire Department access roads shall consist of roadways, fire lanes, parking lots lanes, or a combination thereof. 18.2.3.1.3* When not more than two one- and two-family dwellings or private garages, carports, sheds, agricultural buildings, and detached buildings or structures 400ft2 (37 m2) or less are present, the requirements of 18.2.3.1 through 18.2.3.2.1 shall be permitted to be modified by the AHJ. Duane Kanuha August 3,2015 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 August 3,2015 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- 18.2.3.4.6.1The maximum gradient of a Fire department access road shall not exceed 12 percent for unpaved surfaces and 15 percent for paved surfaces. In areas of the FDAR where a Fire apparatus would connect to a Fire hydrant or Fire Department Connection,the maximum gradient of such area(s) shall not exceed 10 percent. 18.2.3.4.6.2* The angle of approach and departure for any means of fire department access road shall not exceed 1 ft drop in 20 ft (0.3 m drop in 6 m) or the design limitations of the fire apparatus of the fire department, and shall be subject to approval by the AHJ. 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. Duane Kanuha August 3,2015 Page 5 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. 18.2.4.2.3 Roads, trails, and other access ways 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. Duane Kanuha August 3,2015 Page 6 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. 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. Duane Kanuha August 3,2015 Page 7 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; 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. Duane Kanuha August 3,2015 Page 8 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 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. Duane Kanuha August 3,2015 Page 9 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. /- f— DARREN J. ROSARIO Fire Chief CB:nac • GF DAVID Y.ICE SUZANNE D.CASE GOVERNOR OF :71'<;"• .:71'<;" MAatltJ ON ` ROAM Ut LAN)AND HAtURA/.10.101M1371 COLO N ON WAT*RFrsOURCE MANAOtMWJl yy � cOAnd moi ' STATE OF HAWAII _ DEPARTMENT OF LAND AND NATURAL RESOURCES tri,--.4,) =- LAND DIVISIONICY '` POST OFFICE BOX 621 sdteoft e.0 HONOLULU,HAWAII 96809 June 25 2015 MEMORANDUM 4J 2-(31Vg' 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 . f FIg M: VRussell Y. Tsuji,Land Administrator SUBJECT: Change of Zone Application(REZ 15-000190); Request: A-20a to FA-3a LOCATION: South Hilo, Hawaii,TMK: (3)2-5-003:024 APPLICANT: Mark and Kim Rodrigues 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 July 20,2015. 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. ( ✓) Co nts are attached. Signed: if / Print nam' : - .11 ' ' Date: 1 /CI — • .. cc: Central Files DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LD/Russell Y.Tsuji REF:Change of Zone Application for 25.003 Acre Parcel,South Hilo • Hawaii.034 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 project site,according to the Flood Insurance Rate Map(FIRM),is located in Flood Zone . () Please note that the correct Flood Zone Designation for the project site according to the Flood Insurance Rate Map(FIRM)is . () Please note that the project site must comply with the rules and regulations of the National Flood Insurance Program(NFIP)presented in Title 44 of the Code of Federal Regulations(44CFR), whenever development within a Special Flood Hazard Area is undertaken. If there are any questions,please contact the State NFIP Coordinator,Ms.Carol Tyau-Beam,of the Department of Land and Natural Resources,Engineering Division at(808)587-0267. Please be advised that 44CFR indicates the minimum standards set forth by the NFIP. Your . Community's local flood ordinance may prove to be more restrictive and thus take precedence over the minimum NFIP standards. If there are questions regarding the local flood ordinances, please contact the applicable County NFIP Coordinators below: () Mr.Mario Siu Li at(808)768-8098 of the City and County of Honolulu,Department of Planning and Permitting. () Mr.Carter Romero(Acting)at(808)961-8943 of the County of Hawaii,Department of Public Works. () Mr.Carolyn Cortez at(808)270-7253 of the County of Maui,Department of Planning. () Mr.Stanford Iwamoto at(808)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 P 00111 1 , :r.- c t 5: !• . AsifSigned: 4 CA's . CHAN, , IEF ENGINEER . . • r Date: 1-(--)" 0 State of Hawaii FLOOD HAZARD ASSESSMENT REPORT 08G0D .-.::'-,-....-:1 ,:,-,ii' ;',- -1',.•'',,"-'4;',7.., -- -----;:e.,,,iq7:::::,-.6,4._.. ...,, -.„,..erp:-.;,,-.:v:,:,.--.7:,-------zo—NE-A ..-,,,,,*.e..,p,r,--..••,...7- ..„,,e,..,::-it;.,-,--, - ,; ‘1.,,.;:,,:•.--,..:'.? .1.,i,-..,•-;.:•,. •,,,,,-,. -as:"Ao.-'..ix:'..1;c;trr'r , . `::'•'-..::.1.I.J.-71"*...i"/ ,! !......4...,...:,„„.....j..7:,,,,g,..:,...,:. .i,-;'.:.04.:AS:'.,;,_.':';',51.4.:. A z...,,..t.,•,.f.-, '- , '''a.:-..4,Y,i',.i,.;',-,..1,,V.:;.... . . ..,,.-:.-:..........ilir.;..-•••••;:v4.',11:::!;t4'474%.-1,,i:,:.:' t-ts'"17;.7.ri.! 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Pa...'''Il 0- k DF,--- -• .,- ;;Ir‘.5-1 1..-II:g• . /-, " ..,,,f;;;,,,,'tqt,' 60, 1 0 . /,‘;:i* ' - ' `. ..;7*:'-4-1.1-'1_.•I ..'i g -.--- - '-:---- ' - ,, oioiisf .,. -.. ,-..::::::!:9;---. .i:LI ;..,f.:10: .....,,,,..•,:,;„ -,-;--, --:- :!..-,-.!,,,,..4.....„,,,,i,c,!,,,-,;,:-. ',:!,:•'Ill „... -, 0 iI .,. . ..,. . , :,. . • .,,F, tt.iff , . , ,., ..--•, 0•; 4Z,,T,'• . r.7.• e v t. -- '' 1 , ,...7.•,.... ;'' .:...- , . , %•••• •• •-%* .: 0'V11X 1. 1 (,),/ ,'. ,0,,t•-• : ... '..t •Q ;r . 41; 1 ,:•,-..iti,4 .". :,-c, . •Z••,,. .I•ie07;;•,f,,,/ .,• : •-•, ------U r • . :•I'l,'I'I4-,- -;:ll':1;•,:',:'::•r ,'-:::'I•••lI-'4'r•44;:;:''.4 ;:r''',7 'i.''., r ' •l':: •':': ':- :• :'': : : - ' '''r---:' ' ' •''..lt ••',I4'-"T• L-.1';.:V4,r%*,ti.t;tl.., ,•-•:-" FLOOD ZONE DEFINITIONS PROPERTY INFORMATION SPECIAL FLOOD HAZARD AREAS SUBJECT TO INUNDATION BY THE 1%ANNUAL COUNTY: HAVVA t CHANCE FLOOD-Tie 1`i,.annual cance flood(107-year hood t also known as the base Ttf,1(NO: r 3)7-5-003-C24 'loot" is hie fliicd thi:lies a 1 .Otare ot borne equaled or exceeded in any g-ven year PARCEL ADDRESS. 2793 KAUMANA DRIVE The f.iipec al 7 cod-iazard is the atea sub)el to'loading ey the l'i anouat::,tone fluid Hit° HI 96720 Areas of ii.,e.iiai Flon ha:.ar.i ilicIode Zune A 4.E Cd An : ,,fid\IE. Too Ease Florio FrRM INDEX DATE: ;,E,Rn.02 7304 (er.rat on(BEE)is+tic water st,rface eievation of•.-e 1'a annoai chance fl,y,r, Ma dairy LETTER OF MAP CHANGES): 01 09 330P 0 09 1f,,spin 0cii_r,isi.:',120p itood 11-SA'f arki:t,pi:tc.hc*C!,31401ES 0 !treSE 7.Orr3., FEMA FIRM PANEL(S) 155156C87CC 11111 Zone A: No BEE determined PANEL EFFECTIVE DATE: BEFIT'EMBER 16 19n Zone AE. BEE determined aZone AH Flood depths of 1 to 3 to icsuaiIy areas of r.rO`d,ng; BEE doe'nineii Zone AU Y Flocd deaths of 1 to 3 fee:tusually shoe*.fo"...q.,O'r sloping etrai!ll average depths deem red liZone V. C 0astd Ilr•sod zDne with veloi2ly ha7ard i wave actiohn !so EFF netermmed PARCEL DATA FROM: JUNE 2013 1111 Zone VE Coastal Head zo'e with velocity hazard(wave action; BEE dete-Tinec IMAGERY DATA FROM: MAY 7005 IIIZone AEF: Floodovay areas in Zone AE The floDdway is the thanofor stream IMPORTANT PHONE NUMBERS zlus any adjacent floodolath areas that riust to kept tree c4 encroachmen:so that :he 1°i,annua•chance flood can be Pained wit-cut r creasing the BEE ounty NEP Coo-dinator NON-SPECIAL FLOOD HAZARD AREA-An area in a low-lo-moderate'sk load ZOrt€ CirrCrli,,_ _alr..00 i608)981.8042 No mandatcry food insurahc,e airchase requirements app1.1w cNerage s available in ' '•'''''' "I `:' Stale NFIP CI oordinato' partic.pat Ilg ccnthii,Hires Caro Tyau-Beam ;I'E CtItA '.e,,,18)587-0267 aZone XS(X shaded): A,eas of 0 2`I:,air:Jai ca-ice.i f,or!d areas cl 1'0 annual ,...haw,e.i,o0ii.,,,,iit:ave,ace de:Ails of less I-an:font Or w,th drainage a'eas Iess man 1 square ril,e and areas protectei L,1,.levees trom 1-0 aurual chance`so) Zone X- Areas cetennined ic he outs de the f_i 2'ii annuaI coancetioudotah OTHER FLOOD AREAS Zcne D I.Insludred a-eLs whe'e',boa'hazants Ei,-underermmed.bul Inoirc,Is , ,,,.... ..,„f!.::,.:..!,. ,,,,,,.,..,,,,r/,•,.•:-.#.ti ,•.,,...,f,,:::,::,,t,,,,, . passible Nc nthhdatory flood insdiane pirinase lectii tements apply but average .- ::, :.i,:i..,, ..-',. ,,,..i: ,-co, , i f. ,iiiwiiii is available in par K.,oatrin cuoirounifies • DAVID Y.IGE � SUZANNECHAIRPERSON CASE t ��-�.,EI, BOARD OF LAND ANDNATURALRE OUR(Y$ OOVERNOROF HAWAII * 1.. D.� ' COMMESION ON WATER RESOURCE MNIAGEMENT KEKOAKTDALUIDWA —(�! i FBLSEPUIY a'optld Md SDR-�.,'.f I W.ROY HARDY I ACTING DEPUTY DIRECTOR•WATER 777• AQUATIC RESOU EANRICR EATION BUREAUOF CONVEYANCES COMMISSION N RESOURCE LN CONSERVATION AND COASTAL LANDS 111 =. STATE OF HAWAII CONSERVATION AND GG�"°"�°"' FORESTRY AND WBDLWE *are of Iwo* DEPARTMENT OF LAND AND NATURAL RESOURCES wsTORIC PRESERVATION KAHOOLAWE ELAND RESERVE COAD.SSIDN STATE HISTORIC PRESERVATION DIVISION SA PA TTEPARKS KAKUHIHEWA BUILDING 601 KAMOKILA BLVD,STE 555 KAPOLEI,HAWAII 96707 July 29,2015 Russell Y.Tsuji,Administrator Log No. 2015.02490 Department of Land and Natural Resources Doc.No. 1507SN 17 Land Division Archaeology PO Box 621 Honolulu,Hawaii 96809 Aloha Mr.Tsuji: SUBJECT: Chapter 6E-42 Historic Preservation Review— Request for Determination for 25.003-Acres at Kaumana Homesteads Waiakea Ahupua`a,South Hilo District,Island of Hawaii TMK:(3)2-5-003:024 Thank you for the opportunity to comment on your request for a determination regarding historic properties on the aforementioned parcel, which was received in our office June 3,2015. According to the application,the owners of the 25.003-acre parcel are requesting the County of Hawaii re-zone the parcel from Agriculture(A-20a)to Family- Agriculture(FA-3a)in order to subdivide the parcel into five 4-acre agricultural lots. A review of our records indicates that there has been no archaeological inventory survey (AIS) completed for this parcel.SHPD requests that an archaeological field inspection of the project area be conducted by a qualified archaeologist in order to identify any historic properties potentially present. If historic properties are found, an archeological inventory survey (AIS) will be necessary in order to record and assess any historic properties in the project area and to determine an appropriate course of mitigation prior to SHPD making a historic properties determination. SHPD will notify your office when the requested documentation has been accepted and SHPD has sufficient information to make a historic properties determination. Please contact Sean Naleimaile at(808)933-7651 or at Sean.P.Naleimaile i Hawaii.gov if you have any questions or concerns regarding this letter. Alo►h ,, -ann Susan A.Lebo,PhD Archaeology Branch Chief cc: Sidney M.Fuke(sidfuke(aihawaiiantel.net) Duane Kanuha,Planning Director(planning@hawaiicounty.gov) Planning Dept, Exhibit w.-"` SidneyFuke,jog" Planning Consultant 100 Pauahi Street,Suite 212•Hilo,Hawaii 96720 °!; _ i ••Planning•variance•Zoning •Subdivision•land Use Permits Telephone:(808)969-1522•Cell:(808)989-0640 E-mail:sidfuke@hawaiiantel.net •Environmental Reports 213 l",. 27 P:112: 143 July 27,2015 Mr. Duane Kanuha,Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Kanuha: Subject: Rezoning Application(REZ 15-000190) Mark and Kim Rodrigues TMK: 2-5-003: 024 Thank you for providing me with a copy of agency comments to date regarding the subject application. In response to these comments,we provide the following: a. The Land Division of State Department of Land and Natural Resources had no comments or objections to the request. It did confirm that the site's FIRM's Zone "X"classification. b. Relative to the Department of Public Works' ("DPW")comments,all on-site generated water resulting from the subdivision of the property will be contained on the property through a system of drywells or alternative drainage system meeting with the requirements and/or approval of the DPW. In terms of the Kaumana Drive access,as noted in the planning report which accompanied the application,an 800+1- foot long portion of the paved section of Kaumana Drive actually falls within the subject parcel. For over 15 years now,the Applicants have allowed the County(public)to continue use of this encroached portion at NO COST and with the understanding that the Applicants be indemnified from any liability. Such an agreement was executed in 1999. As noted in the rezoning application,the Applicants are willing to relinquish this portion of the encroachment with the understanding that it would be credited against any"Road and Traffic"fair share assessment. The Applicants also request that at least one access be allowed from Kaumana Drive for a number of reasons. For one, as noted earlier,the Applicants have made a significant public concession in having the County/public use its property without any compensation for over 15 years. Some measure of consideration of this would be appreciated. 100004 Planning Dept. Exhibit A Mr. Duane Kanuha, Director July 27,2015 Page 2 Notwithstanding the above and perhaps more importantly,the proposed or an alternative access from Kaumana Drive would be better than from Lyman Springs Road from a sight distance perspective. The actual location can be determined during the subdivision review process by the DPW,based upon—if needed—a formal sight distance analysis prepared by the Applicants' engineer. Finally,unlike the 10 lots directly fronting the subject parcel along Kaumana Drive, the Applicants are proposing only 1 access to serve the 4 lots instead of having 4 individual accesses. The location of this single access can be at a location where it not only addresses sight distance but minimizes vehicular movement conflict requirements. We trust that the above adequately responded to the comments to date. If not or if there are further questions or comments on this matter,please let me know. Thank you very much. Sincerely, tX41\) SID Y M. FUKE Planning Consultant Copy—Mark Rodrigues via email SidneyFuke, Planning Consultant ".""�'••"``r (? �=; ,. �i�r r��rt Aogr ..l_. ?:,!',::‘,s,1 100 Pauahi Street,Suite 212•Hilo,Hawaii 96720 •Planning•variance•Zoning Telephone:(808)969-1522•Cell:(808)989-0640 c h ;r i, �, •Subdivision•Land Use Permits E-mail:sidfuke@hawaiiantel.net i •Environmental Reports August 11,2015 Mr. Duane Kanuha, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo,HI 96720 Dear Mr.Kanuha: Subject: Rezoning Application(REZ 15-000190) Mark and Kim Rodrigues TMK: 2-5-003: 024 Thank you for providing me with a copy of agency comments to date regarding the subject application. In response to these comments,we provide the following: a. The State Department of Health concluded that there were "no environmental health concerns with regulatory implications"relative to the request. b. In spite of the applicants' contention that there should are nor should be very little potential of any historic properties being affected due to the prior and continuing grazing use of the property,the State Historic Preservation Division requested an archaeological field inspection. At some measure of cost,the applicants retained the services of Haun and Associates, who arrived at the same conclusion. Specifically, Dr. Haun's August 10,2015 letter report,a copy of which is enclosed,noted that "The field inspection did not identify any cultural resources or natural lava formations such as tubes or blisters associated with native Hawaiian burials." It then recommended that"no further archaeological work based on the inspection results"was needed. c. The requirements of the Fire Department relative to fire flow,access,and so forth will be addressed in conjunction with the review and subsequent installation of the appropriate water system in conjunction with the subdivision process. d. Finally,the Department of Water Supply commented that water is available for the proposed project and proceed to outline the servicing requirements. The applicants will comply with the servicing requirements, including payment of the required water '' commitment fees and facilities charge,prior to or in conjunction with the subdivision approval process. Planning D pf• 10 0 3 21 Exhibit August 11, LU 1 D Page 2 We trust that the above adequately responded to the comments to date. If not or if there are further questions or comments on this matter,please let me know. Thank you very much. Sincerely, f \i‘i\f\) SIDNEY M.FUKE Planning Consultant Enclosure Copy—Mark Rodrigues via email HAUN & ASSOCIATES ARCHAEOLOGICAL, CULTURAL, AND HISTORICAL RESOURCE MANAGEMENT SERVICES PHONE: 808.325.2402 I FAX: 808.325.1520 I WEB: haunandassociates.com 73-1 168 KAHUNA A'o ROAD (KAILuA-KONA (HI 96740 August 10,2015 Project 1185 Dr.Alan Downer,Administrator State Historic Preservation Division Department of Land and Natural Resources 601 Kamokila Boulevard,Suite 555 Kapolei,Hawai'i 96707 Subject: Archaeological Field Inspection TMK:(3)2-5-003:024,Kaumana Ahupua'a South Hilo District,Hawaii Island Dear Dr. Downer, At the request Sidney Fuke, Planning Consultant, on behalf of landowner Mark Rodrigues, Haun & Associates performed an archaeological field inspection of the subject property.The project area is an approximately 25-acre parcel with an existing residence and active cattle pasture located adjacent to Kaumana Drive to the north and bordered along the east by Lyman Springs Drive in the Kaumana Homesteads, Kaumana Ahupua'a, South Hilo District, Hawaii Island (Figures 1-3). Haun & Associates' Project Director Shawn Fackler and Archaeologist Alec Wells performed the field inspection on August 7,2015. The soil in the parcel is comprised of Keei soil, an extremely rocky muck on 6-20%slopes,with pocket of Kaiwiki silty clay loam (0-10% slopes; Sato et al. 1973). Keei soil is 10 inches of muck over pahoehoe lava, suitable for pasture and the Kaiwiki soil is 15 inches of silt clay loam, over a 48 inches thick subsoil of dark brown to dark reddish brown silt clay. Invasive plant species grow throughout the parcel.Plants include various grasses,sporadic Australian tree ferns (Sphaeropteris cooperi), and strawberry guava (Psidium cattleianum) that dominate native ohia(Metrosideros polymorpha)and uluhe(Dicranopteris kneads)vegetation(Figures 4 and 5). The field inspection did not identify any cultural resources or natural lava formations such as tubes or blisters associated with native Hawaiian burials.Haun&Associates recommends no further archaeological work based on the inspection results. If previously undocumented sites are inadvertently discovered, State Historic Preservation Division should be contacted immediately and advised of the circumstances of the find, its location, and the presence or absence of associated cultural resources. If you have any further questions,or require any additional information,please contact me at(808)325-2402. Sincerely, Alan E. Haun,Ph.D. Principal Investigator cc: Sean Naleimaile,SHPD Hawaii Island Assistant Archaeologist Sidney Fuke,Planning Consultant . (i•-...-- 1 1 -.0 • z , ' • •... , , . ../. , . - - - ' - '- ••-.. :•••.--.4'...--'-'':...->°.' , ,., ,... , - ..- . ''- • 1-.. ,/ . . ------. ' - --- . ..,..------ ..--".-- ----,, ... .. ' . ...,------ .,..--"-. E,C.•‘.0 -.. 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HAUN & ASSOCIATES I 5 Reference: Sato,H.H.,W.Ikeda,R.Paeth,R.Smythe,and M.Takehiro,Jr. 1973 Soil Survey of the Island of Hawaii, State of Hawaii. U.S. Department of Agriculture, Soil Conservation Service and University of Hawaii Agricultural Experiment Station. Government Printing Office, Washington,D.C. HAUN &ASSOCIATES 6 BRodriguesREZ.crk 8/26/15 COUNTY OF HAWAI'I PLANNING DEPARTMENT RECOMMENDATION MARK AND KIM RODRIGUES CHANGE OF ZONE APPLICATION (REZ 15-190) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation for a Change of Zone from Agricultural—20 acres (A-20a) to Family Agricultural—3 acres (FA-3a) for approximately 25 acres 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. This favorable recommendation is based on the following findings: The applicants are requesting to change the zoning district from Agricultural—20 acres (A-20a) to Family Agricultural—3 acres (FA-3a) for 25 acres of land in order to subdivide the property into five parcels. The applicants, who live on the subject parcel, would retain one 6.3+-acre lot and propose to convey lots, consisting of at least 4+ acres in size, to each of their three (3) children. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The change of zone request from an Agricultural—20 acres (A-20a) to a Family Agricultural—3 acres (FA-3a) zoning district conforms to applicable goals, policies and standards of the General Plan. The FA zoning district is intended for lands within the State Land Use Agricultural District, where public services and infrastructure are appropriate to support the very low density residential needs of a rural community and where a substantial number of parcels are less than five acres in size, and where a mix of uses will not conflict with or be detrimental to existing agricultural uses 1 Re: Bill 93 (Comm. 473) in the surrounding area. 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 proposed request conforms to the LUPAG Map, which designates the property as Extensive Agriculture. Extensive Agriculture, which is identified as lands that are not classified as Important Agricultural Land and includes lands that are not capable of producing sustained,high agricultural yields without the intensive application of modern farming methods and technologies due to certain physical constraints such as soil composition, slope, machine tillability and climate. Other less intensive agricultural uses such as grazing and pasture may be included in the Extensive Agriculture category. The Land Study Bureau's Detailed Land Classification System identifies soils on the northeast portion of the property as "C" or "Fair", with the remainder of the property classified as "E" or"Very Poor" for agricultural productivity. A small portion of the northern part of the parcel is classified as Prime Agricultural Land and the majority remainder of the parcel is designated as Unclassified by the ALISH System. Finally, the proposed lots will all be over four acres in size and will be in close proximity to smaller, Agricultural— 1 acres (A-1a) zoned lots adjacent to the southeast and southwest of the subject parcel and the Kaumana Estates Subdivision located to south of the subject parcel, which is zoned Single-Family Residential-15,000 square feet (RS-15). A major concern in allowing a rezoning of agricultural land that creates smaller lot sizes is that this will reduce the potential use of the land for commercial agriculture by fragmenting the land into areas too small to be farmed on a commercial scale. While a few crops can be intensively cultivated on very small acreage,usually these crops have a very limited market. Reducing the size of the lots can reduce the range of potential agricultural uses and the range of market opportunities for those crops. At the same time, a strong demand exists in the real estate market for lots in agricultural areas by purchasers who are interested in large-lot residential homesites or for speculation. The 2 desire for these"gentleman's estates" tends to drive up the price of agricultural land making it less affordable for commercial farmers. There will be considerable interest by landowners to rezone to reduce the minimum lot sizes because the biggest value is the ability to build a home. The per-acre price is therefore higher if the property can be sold in smaller lots. This desire to create smaller lots must be handled very carefully because of the possible carving up of the land into uneconomical units, and the increasing per- acre price. In this case, the property is not classified as "Important Agricultural Lands"by the LUPAG map,hence there is a lesser degree of concern over its rezoning to smaller lot sizes. All of the proposed lots will be over four acres in size, thus the newly created lots will still have the potential to be used for agricultural purposes, such as pasture. The fact that this is not classified as "Important Agricultural Lands", its poor soil characteristics, and the fact that the property is immediately adjacent to smaller lots, and that it has not historically been used for intensive agricultural development, tips the balance in favor of a smaller-lot rezoning. All essential utilities and services are available to the property. Access to the existing dwelling on the property is from Lyman Springs Road which is a County roadway that has approximately 12-14 feet of pavement within a substandard, 30-foot right-of-way. In addition to keeping the aforementioned access for the existing dwelling, the applicant is proposing a single access from Kaumana Drive to serve the four(4) newly proposed lots. Kaumana Drive is a County-owned roadway with a pavement of 20+ feet within a 50-foot right-of-way. According to the Department of Public Works- Engineering Division, Kaumana Drive is classified as a secondary arterial and in order to preserve its functional classification, they do not recommend direct access to the parcel from Kaumana Drive. While the Planning Department usually defers to DPW recommendations relative to access, we are inclined to accommodate the applicant's request because the proposed single Kaumana Drive access serving four newly created lots would be better than from Lyman Springs Road, which has site distance and functional problems. In addition, as the Saddle Road alignment is completed, it is likely to remove a significant amount of traffic from Kaumana Drive, and finally, Subdivision 3 7201 (approved on January 5, 2000) which created the subject lot,permitted a vehicular access to the subject parcel from Kaumana Drive close to the location of the proposed access on the applicant's conceptual subdivision plan. It is unknown if this is the best location for an access from Kaumana Drive, so a condition of approval will allow a single subdivision access point onto Kaumana Drive and to conduct a site distance analysis to determine, in conjunction with DPW, the best location for that access. According to the applicant, an 800-foot stretch of Kaumana Drive is actually located on the subject property. The applicants entered into an indemnification agreement with the County of Hawai`i in 1999 over its continued use by the county without compensation until such time that roadway is resurfaced and the encroachment can be corrected (see Exhibit A in the Change of Zone Application). The applicants have stated that they are willing to relinquish this portion of their property in exchange for a credit against any"Road and Traffic" Fair Share requirement that would be assessed by the County. Typically the County Council requires that applicants provide a fair share contribution to mitigate the potential regional impacts of their development on public facilities and services such as roads and parks. For Family Agricultural (FA) zoning, the County Council has historically required this contribution for lot sizes of one acre or less. Therefore, a fair share contribution would not be required for the newly proposed lots as the applicant is requesting FA-3a zoning. In order to resolve the existing Kaumana Drive encroachment issue, a condition of approval will require the applicant to create a road lot to resolve the encroachment during the course of subdivisding the property, to then be dedicated to the County of Hawai`i at no cost. According to the Department of Water Supply, the subject property is served by an existing 5/8"meter. Four(4) additional units of county water can be made available for the proposed subdivision from existing 8-inch waterlines within Country Club Drive Road and Kaumana Drive fronting the subject property,provided the applicants comply with servicing requirements and construct necessary water system improvements as determined by the Department of Water Supply. A condition of approval will require the applicants to install water mains (8"minimum diameter of mains from Country Club Drive) shall be capable of delivering water at adequate pressure and volume under peak 4 flow and fire-flow conditions and installation of a service lateral to accommodate a 5/8- inch meter for the additional lots. Wastewater will be disposed of by individual wastewater systems meeting the requirements of the Department of Health. All other essential utilities or services are available to the property. There is no severe geological or topographical problem for the property that cannot be properly rectified or which would render the land unusable. The property is located in Zone "X", an area determined by FEMA to be located outside of the 500-year floodplain. Per DPW-Engineering Division's comments, the applicants will be required to prepare a drainage study and construct a drainage system meeting with the approval of the Depa'linent of Public Works. To eliminate the potential of additional dwellings on each proposed lot that will contribute to the cumulative burden on existing infrastructure, a condition is included to prohibit a second dwelling unit and condominium property regimes on each lot to be recorded as a covenant in the deeds of all the proposed. The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management Area. The subject property is located over seven (7)miles from the shoreline and is not in the Special Management Area. Thus, the property will not be affected by coastal hazards and beach erosion. There are no identified recreational resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems,marine resources or other natural and environmental resources on the subject property. In view of the Hawai`i State Supreme Court's"PASH" and"Ka Pa'akai 0 Ka'Aina"decisions,the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural,historical, and natural resources and the associated traditional and customary practices of the site: • Investigation of valued resources: The Hawai`i State Historic Preservation Division requested an archeological field inspection on the subject property. In response, the applicants hired Haun and Associates who conducted the inspection in August, 2015. Dr. Haun's August 10, 2015 letter report states that, 5 "The field inspection did not identify any cultural resources or natural lava formations such as tubes or blisters associated with native Hawaiian burials. Haun &Associates recommends no further archaeological work based on the inspection results. If previously undocumented sites are inadvertently discovered, State Historic Preservation Division should be contacted immediately and advised of the circumstances of the find, its location, and the presence or absence of associated cultural resources. • The valued cultural, historical, and natural resources found in the rezoning area: The property has been previously cleared and is currently in residential and pasture use. The Department of Land and Natural Resources-Historic As stated above, an archeological field inspection found no cultural resources. A condition of the change of zone will require that the applicants cease work and notify the SHPD should any unanticipated archaeological features or sites be uncovered during the course of development. • Possible adverse effect or impairment of valued resources: It is not known whether the subject or immediate surrounding area was used in the recent past for gathering purposes by native Hawaiians. There is no evidence that the flora in the area are particularly desired or used for cultural practices. • Feasible actions to protect native Hawaiian rights: The applicants, and have not observed any traditional and customary native Hawaiian rights exercised on the property. Thus, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. Based on the above findings, approval of the Change of Zone request from an Agricultural—20 acres (A-20a) to Family Agricultural—3 acres (FA-3a) zoned district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map) is provided for your favorable consideration. Please note the proposed conditions of approval are attached to the draft bill. 6 , •."�tY OF p,�•. lam. COUNTY OF HAWAII •i � W -' STATE OF HAWAII .4 -OFµ'ms BILL NO. ORDINANCE NO. 6 P latim i 03 P1-. 1 AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO AREA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—TWENTY ACRES (A-20a)TO FAMILY AGRICULTURAL—THREE ACRES (FA-3a)AT KAUMANA HOMESTEADS, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-5-003:024. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-33,Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Kaumana Homesteads, South Hilo, Hawai`i, shall be Family Agricultural—Three Acres(FA-3a): Beginning at a point at the southwest corner of this parcel of land being also the southeast corner of Lot 15-B subdivision of Lot 15, Grant 4050 to J. S. Canario and on the northwesterly side of Kaumana Drive the coordinates of said point of beginning referred to Government Survey Triangulation Station"HALA`P'being 13,349.81 feet south and 22,456.11 feet west and running by azimuths measured clockwise from true South: 1. 179° 53' 282.84 feet along Lot 15-B, subdivision of Lot 15, Grant 4050 to J. S. Canario; 2. 179° 53' 126.76 feet along subdivision of Lot 15, Grant 4050 to J. S. Canario; 3. 89° 53' 480.00 feet along subdivision of Lot 15, Grant 4050 to J. S. Canario to a point at the easterly side of a Homestead Road (30-foot wide); 4. 179° 53' 574.10 feet along the easterly side of a Homestead Road (30-feet wide); 5. 269° 53' 1,752.01 feet along Lot 15-B, subdivision of portion Lot 15; 6. 359° 50' 295.30 feet along Lot 13, Grant 4049 to W. C. Borden; 7. 61° 28' 1,446.56 feet(revised) along parcel A (Government Land) and along the northwesterly side of Kaumana Drive to the point of beginning and containing an area of 25.003 acres. All as shown on the map attached hereto,marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition), the County Council finds the following conditions are: Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (1) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -3- CRodriguesREZ15-1 90.crk 8/26/15 MARK AND KIM RODRIGUES CONDITIONS OF APPROVAL CHANGE OF ZONE APPLICATION (REZ 15-000190) A. The applicants, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicants, successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawai`i Revised Statutes, relating to permissible uses within the State Land Use Agricultural District. C. The applicants, successors, or assigns shall notify prospective purchasers, tenants, or lessees of all lots that farming operations and practices on adjacent or contiguous land in the State Land Use Agricultural District are protected under Hawai`i Revised Statutes Chapter 165, the Hawai`i Right to Farm Act. This notice shall be included in any disclosure required for the sale or transfer of all of the proposed lots. D. Any action that would interfere with or restrain farming operations on adjacent or contiguous properties shall be prohibited under Hawai`i Revised Statutes Chapter 165, the Hawai`i Right to Farm Act; provided the farming operations are conducted in a manner consistent with generally accepted agricultural and management practices on adjacent or contiguous lands in the Agricultural District. E. The required water commitment payment for the additional lots shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within one hundred and eighty(180) days from the effective date of this ordinance. The applicants shall construct necessary water system improvements (including but not limited to installation of water mains (8"minimum diameter of mains from Country Club Drive) capable of delivering water at adequate pressure and volume under peak flow and fire-flow conditions and installation of a service lateral to accommodate a 5/8-inch meter for the proposed additional lots and remit the prevailing facilities charge, as determined —1— by the Department of Water Supply and convey these improvements to the County Water Board prior to Final Subdivision Approval. F. Final Subdivision Approval shall be secured within five (5) years from the effective date of this change of zone ordinance. G. No variance from the minimum water and road requirements of the Subdivision Code shall be granted to support the subdivision of the subject property. H. Restrictive covenants in the deeds of all proposed lots within the property shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owner of the property may also, in addition, impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s)to be recorded with the State Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. Access from Kaumana Drive shall be limited to one(1) access serving four proposed lots. The location of this access shall be determined based on a site distance analysis prepared by the applicant's engineer and approved by the Department of Public Works. J. In order to resolve the encroachment of Kaumana Drive onto a portion of the subject property, a road lot that encumbers the encroachment area and extending no further than the extent of the existing 10-foot road-widening easement, as determined by the Department of Public Works, shall be included on plat maps submitted to the Planning Department for subdivision review. Documents necessary to effectuate the dedication of this roadway lot at no cost to the County shall be executed by the applicant within one (1) year from issuance of Final Subdivision Approval for the proposed 5-lot subdivision. —2— K. All development-generated runoff shall be disposed of onsite and shall not be directed toward any adjacent properties. A drainage study shall be prepared and submitted to the Department of Public Works and any required drainage improvements shall be constructed, meeting the approval of the Department of Public Works prior to Final Subdivision Approval. L. The method of sewage disposal shall meet with the requirements of the Department of Health. M. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials,be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources - State Historic Preservation Division (DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigative measures have been taken. M. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. N. The applicants shall comply with all applicable County, State and Federal laws, rules,regulations and requirements, including the Department of Water Supply. O. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. —3— 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). 5. If the applicants should require an additional extension of time, the Planning Department shall submit the applicants' request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation. —4— A-20a A-20a A-10a AGRICULTURAL-TWENTY ACRES(A-20a)TO A-20a FAMILY AGRICULTURAL-THREE ACRES(FA-3a) 25.003 ACRES 0 A-20a Z A-10a Za_ A-3a A-la A-3a INAKb ST 13,34a51'5 Ala p0'A 2Z456.11`W "HALM" A-10a A-la A-10a A-la ♦' ��, rr�'.Air A-la RS-15 •Amill A-20. ' :.� 1110 111111."- A-in N1111. 14 N I ¢ a >- Ala rits04040/1". OPEN A-la Z atelkg A-10a .SII A-la iAMEN �� Feet 0 750 1,500 2,250 3,000 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO AREA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL -TWENTY ACRES (A-20a)TO FAMILY AGRICULTURAL -THREE ACRES (FA-3a) AT KAUMANA HOMESTEADS, SOUTH HILO, HAWAII MAP PREPARED BY: TMK:(3)2-5-003:024 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:JUNE 19,2015 EXHIBIT"A" Rodrigues Map: 1360 i W o, 0, 7 \V� o ry z o �, O z 0 F- Q U E _ .<0:1 SZ w W O sz 6 ceQ U �1t'-I 0\\*41I ..„„„i C\ • a_ vi im. ,, ,s Z �i O !si ��vita" s,,, irsitei u , 44,11. •o _____. �!� i \,$ 44 444\ps*. '#.„,j 3 i% I/. i II k a al sos„,got vipp O 01.\lea111 .1 Q i 1 NM oi_. / 1P0 2 0 a 01011Q a_4i(1 . 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J as tt I4'1,4 + I '/ V if 4 WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT SEPTEMBER 3, 2015 A regularly advertised hearing on the application of MARK AND KIM RODRIGUES (REZ 15-190)was called to order at 9:01 a.m. in the County of Hawai`i Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai`i with Chairman Myles Miyasato presiding. COMMISSIONERS PRESENT: Myles Miyasato, Donn Dela Cruz, Gregory Henkel, Donald Ikeda, and Raylene Moses. ABSENT & EXCUSED: Charles Heaukulani. ALSO PRESENT: Duane Kanuha (Planning Director), Danny Patel (Deputy Corporation Counsel for the Windward Planning Commission), Daryn Arai (Planning Program Manager), Jeff Darrow (Staff Planner), Christian Kay(Staff Planner), and Sarah Hata-Finley(Commission Secretary). And approximately 6 people from the public in attendance. APPLICANTS: MARK AND KIM RODRIGUES (REZ 15-190) Application for a Change of Zone from an Agricultural-20 acres(A-20a)to a Family Agricultural-3 acres (FA-3a) zoning district for approximately 25 acres of land situated along the east(makai) side of Lyman Springs Road, and also bordering along the north side of Kaumana Drive directly across of the Kaumana Estates Subdivision in Ponahawai, South Hilo, Hawaii, TMK: 2-5-003:024. MIYASATO: New Business, Item 1 on the agenda, applicant Mark and Kim Rodrigues. KAY: Thank you, Mr. Chair. Good morning, Commissioners. MOSES/DELA CRUZ: Good morning. KAY: All right, so yeah, as the Chair said, the first applicant today is Mark and Kim Rodrigues, and they're coming in for a Change of Zone. So,just very quickly, the subject parcel outlined here in red is located in the South Hilo District of Hawaii Island in the Kaumana area. The property has frontages along Lyman Springs Road, which generally runs north-south on the map, and along Kaumana Drive, which generally runs east-west on the map. So, for reference, the Kaumana Estates Subdivision is here to the south of the subject parcel, and it's directly across again Kaumana Drive. So, this 25-acre parcel is currently zoned Agricultural—20 acres. The surrounding zoning for the area to the north and directly to the east is also Ag-20. Little farther to the east is 1 Re: Bill 93 (Ccnim. 473) Agricultural– 1 acre, and across Kaumana Drive again for Kaumana Estates Subdivision is Single Family Residential– 15,000 square feet. And to the west, Agricultural– 10 acres and some Agricultural - 3 acres. Land uses in the immediate area include residential and agricultural activities. The LUPAG designation for the subject parcel is primarily Extensive Agriculture with small amounts of Important Agricultural Land and Medium Density Urban, as indicated by the light green and the mustard color. The State Land Use designation for the entire parcel is Agricultural and, again, across Kaumana Drive, is Urban as indicated by the red color. This aerial photograph, again just for reference, we have Kaumana Drive running east-west, and Lyman Springs Road running north-south. Again, the parcel is outlined in red. The applicants currently live on the parcel, and they access their single family dwelling here from Lyman Springs Road. So, the applicants are requesting a Change of Zone from Agricultural–20 acres to Family Agricultural–3 acres in order to subdivide the property into five lots. Each of those proposed lots will be over four acres in size with the applicants retaining the largest lot, which includes their existing dwelling. The applicants then intend to convey a lot to each of their three children. Access to the applicants' existing dwelling again is, will continue from Lyman Springs Road, and a proposed single access from Kaumana Drive will serve the remaining four lots. Indicated here is the applicants' site plan. Sorry, it may be difficult to see, but again the red dashed outline, again you see the applicants' current dwelling and the, the lot will be roughly 6.3 acres, and the remaining will range anywhere between four and five acres. Here, again, along Kaumana Drive, indicated here, and kind of blown up here, would be that access serving these, I guess, eastern most four lots. Here's some photographs indicating frontage along Kaumana Drive. Difficult to see into the actual parcel itself. There's a lot of vegetation along Kaumana Drive. Here is, looking north on Lyman Springs Road, again, this will be access for a single lot, the existing—to access the existing dwelling, and, then, looking south on Lyman Springs Road where it intersects with Kaumana Drive. And, then along the Kaumana frontage, here's looking makai along Kaumana Drive and the subject parcel is on the left, and then looking mauka on Kaumana Drive,the subject parcel is on the right. The Director is recommending a favorable recommendation be forwarded to the County Council with conditions. With that, the presentation is complete. I'm happy to answer any questions you may have. MIYASATO: Commissioners, any questions for staff? I have couple, yeah? 2 KAY: Sure. MIYASATO: Where is Kaumana City in relation to this? IKEDA: Above. Kaumana City is above. KAY: I'm not sure, is it— IKEDA: Above— KAY: Is it above? Okay. IKEDA: I'm very familiar with the area. KAY: Okay. I will defer to Council member [sic]—so, yeah, mauka of the subject parcel? IKEDA: Yes. MIYASATO: Maybe like two miles away? IKEDA: No-- DELA CRUZ: No, right up above— MIYASATO: --Closer? IKEDA: You're talking about— ARAI: Microphone, please. IKEDA: I think Kaumana City is eight miles, and before the start of their property, it's Country Club. There's a road that used to go to Country Club Estates. That's six miles or—between, so it's less than about mile and a half or something— MIYASATO: Okay— IKEDA: --Maybe mile and a quarter. MIYASATO: And Kaumana City is all catchment, yeah? IKEDA: What's that again? MIYASATO: Okay. So, where's the water tie in for this project—that 8-inch line? 3 KAY: So, Water Supply commented that there are lines along Kaumana Drive as well as along Country Club Lane that they would tap into for the water for the, for the rezone of the subject parcel. MIYASATO: So, you, it's right in front of their property? KAY: Say—I'm sorry, again? MIYASATO: The main line is right in front of the property; perpendicular to the property? KAY: They indicated that there were two lines. One fronting the property, and then one within Country Club Lane that they'd have to draw from. MIYASATO: Okay, thank you. Any other questions for staff? Thank you. KAY: Thank you. MIYASATO: Will the applicant or representative please come forward? Do you swear or affirm to tell the truth on this matter now before the Hawaii County Planning Commission? FUKE: Ido. MIYASATO: Could you state your name and residence? FUKE: Sure, good morning, Mr. Chairman and members of the Commission. My name is Sidney Fuke. My business address is 100 Pauahi Street, Suite 212, in Hilo. With me, this morning is the applicant, Mr. Mark Rodrigues. To answer specifically, you know, the Chair's question—Kaumana City is approximately, as Commissioner Ikeda had indicated, about a mile, mile and a half mauka, you know, of the subject property. The waterline along Kaumana Drive extends approximately maybe about like three-fourths of a mile further mauka, but it just stops short of Kaumana City. There is a one- acre lot subdivision just immediately makai by the Hilo side of the Kaumana City, and that's where the waterline ends. I think that you can see there's a stand pipe, so that's pretty much like where the County waterline ends. There are two waterlines that service the property. One is on Lyman Springs Road where the applicant currently has his meter, and then the other one is along Kaumana Drive. With the proposed subdivision as laid out, the, the additional four lots would get service from, directly from Kaumana Drive. One additional matter that I would like to note is that when the County made some improvements to Kaumana Drive, they actually, for better for worse, "cock-a-roached" a portion of Mr. Rodrigues' property, so there is approximately like about 17,000 square feet of land that, that runs parallel to Kaumana Drive that was actually improved with the pavement section. And, 4 so Mr. Rodrigues actually has an indemnification agreement with the County at this point in time. The staff's proposed condition, you know, requires that he relinquish that portion, and Mr. Rodrigues is gladly willing to relinquish that portion and not absorb any potential liability associated with, you know, with that property. He has had a chance to review all of the, the staff's proposed conditions as well as the Background Report, and have found all of them to be acceptable. So, if you have questions of myself or Mr. Rodrigues, we'd be more than happy to answer. MIYASATO: Commissioners, any questions? If not, thank you. FUKE: Thank you. MIYASATO: Do we have anyone wishing to testify on this application? If not, I'll take a motion to close public testimony. IKEDA: Move to close public testimony. MOSES: Second. MIYASATO: I have a motion by Commissioner Ikeda; second by Commissioner Moses. All in favor? COMMISSIONERS: Aye. MIYASATO: Any opposed? I'll call a close to the public testimony for this application. Commissioners, any discussion on this application? You know, for me, I just have a short comment that, you know, with this, couple weeks ago, we had a similar application for family purposes, subdividing for family purposes, and unfortunately,that application—there was no water service in the immediate area that would have been feasible. I'm glad that this project has a closer location although it seems there's a subdivision within a mile that has adequate rainfall, and that would be I guess a lot more affordable to subdivide if that concurrency policy was amended. So, again, you know, I think the Council needs to be encouraged to take another look at that policy. You know, it's—we have a lot of families that just want to subdivide for their children and to make it unfeasible to do so because of other conditions on the other side of the Island that was trying to be stopped I think is a sad thing. So, that's my only comment I have. If there's no other comment, I'll accept a motion. MOSES: I move that a favorable recommendation be forwarded to the County Council on the application for Change of Zone REZ 15-190 based on the Planning Director's recommendation and proposed conditions. IKEDA: Second. 5 MIYASATO: I have a motion by Commissioner Moses and a second by Commissioner Ikeda. Any discussion on the motion? If not, call the roll. KAY: Thank you, Mr. Chair. Commissioner Moses? MOSES: Aye. KAY: Commissioner Ikeda? IKEDA: Aye. KAY: Commissioner Dela Cruz? DELA CRUZ: Aye. KAY: Commissioner Henkel? HENKEL: Aye. KAY: And Commissioner Miyasato, Chair Miyasato. MIYASATO: Aye. KAY: All right. Motion carries five-nothing. Thank you. MIYASATO: You'll be notified in writing. FUKE(from audience): Thank you very much. The discussion ended at 9:12 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission 6