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HomeMy WebLinkAboutCOM 0612.000 2014-2016 %tYOi ^ ,.. Walter K.M.Lau Managing Director William P.Kenoi •E6- * Mayor =_ red MO • Randall M.Kurohara •• , ,N'��`, Deputy Managing Director County of Hawaii Office of the Mayor 25 Aupuni Street,Suite 2603 • Hilo,Hawai`i 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawaii 96740 (808)323-4444 • Fax(808)323-4440 November 23,2015 c-� Dru Kanuha, Council Chair and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo,HI 96720 �n Dear Chairman Kanuha and Members: SUBJECT: Change of Zone Application (REZ 15-000193) Applicant: Brad McClary Request: A-3a to RA-la Tax Map Key: 2-2-052:027 'State Land Use Boundary Amendment(SLU 15-000043) Request: Agricultural to Urban Change of Zone Application (REZ 15-00194) Request: A-3a to RA-.5a Applicant: Minoru,Jr. and Katherine Takehiro Tax Map Key: 2-2-056:002 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 letters and enclosures regarding the above-referenced requests. Sincerely, WILLIAM P. KENOI Mayor MTransCouncilLKukuiREZ04-022LorantREZ 15-188 Enclosures /� I Comm. No. `� cc: Planning Department Ref. To: PC- 4.5111 C-4,5I11S Z� 128Ref. Date DEC 2 3 2015 ounty of Hawaii is an Equal Opportunity Provider and Employer. ��` •M,: County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720 Phone(808)961-8288 • Fax(808)961-8742 NOV 2 3 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: State Land Use Boundary Amendment(SLU 15-000043) Request: Agricultural to Urban Change of Zone (REZ 15-000194) Request: A-3a to RA-.5a Applicant: Minoru,Jr. and Katherine Takehiro Tax Map Key: 2-2-056:002 The Windward Planning Commission, at its duly held public hearing on November 5, 2015, voted to recommend for your approval the proposed legislative bills to amend the State Land Use district from an Agricultural to an Urban district and a Change of Zone from an Agricultural-3 acre(A-3a)to a Residential and Agricultural-.5 acre(RA-.5a) zoning district for approximately 2.666 acres of land. The properties are located on the southwest corner of Mamaki Street-Awa Street intersection, Pana`ewa House Lots 2nd Series, Waiakea, South Hilo, Hawai`i The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: State Land Use Boundary Amendment The applicants are requesting a State Land Use Boundary Amendment from Agricultural to Urban and a Change of Zone from A-3a to RA-.5a to subdivide the Hawai`i County is an Equal Opportunity Provider and Employer Dru Kanuha, Council Chair and Members of the County Council Page 2 2.66-acre property into four residential and agricultural lots consisting of a minimum of 0.5-acre in size to convey to their children. The proposed 4-lot subdivision would consist of three (3) lots that are at least one-half(1/2) acre each. The fourth lot would consist of 1+ acre and is where the applicants currently reside. In reviewing a district boundary amendment, consideration shall be given to the provisions set forth in Section 205-2, Hawai`i Revised Statutes, and the purpose of Chapter 28, Hawai`i County Code. Specifically, consideration shall be given to the following: A. How the granting of this request would promote the effectiveness and objectives of Chapter 205, Hawai`i Revised Statutes, as amended. Include discussion on how the proposed use is not contrary to Chapter 205A, Coastal Zone Management(existing public access, scenic or open space resources, coastal view planes and coastal ecosystems); B. The extent to which the proposed reclassification conforms to the applicable goals, policies, standards and courses of action of the General Plan and implementing ordinances, plans and documents; and C. The extent to which the proposed reclassification conforms to the applicable district standards. The approval of the reclassification from the State Land Use Agricultural to the Urban District for approximately 2.66 acres would promote the effectiveness and objectives of Chapter 205, Hawaii Revised Statutes, as amended and is not contrary to Chapter 205A, Coastal Zone Management(existing public access, scenic or open space resources, coastal view planes and coastal ecosystems). According to Chapter 205-2 of the Hawaii Revised Statutes, as amended, there shall be four major land use districts in which all lands in the State shall be placed: urban, rural, agricultural, and conservation. The Land Use Commission shall group contiguous land areas suitable for inclusion in one of these four major districts. The Commission shall set standards for determining the boundaries of each district,provided that"in the establishment of boundaries of urban districts those lands that are now in urban use and a sufficient reserve area for foreseeable urban growth shall be included." The proposed request is situated in an area that is transitioning from agricultural to an urban growth area that has been identified on the General Plan's Land Use Pattern Allocation Guide (LUPAG)map for Low Density Urban uses. Dru Kanuha, Council Chair and Members of the County Council Page 3 Additionally, the request is not contrary to Chapter 205A, Hawai`i Revised Statutes, relating to Coastal Zone Management Area. The property is not situated within the Special Management Area. It is located approximately 4.5 miles from the nearest coastline and therefore, will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources, historic resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the area. Thus, the proposed request and use of the property will not adversely impact those coastal resources. Because the property is developed, it is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject property, nor has the area been identified as a significant botanical or biological habitat. Presently, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of known valued cultural, historical, or native resources in the area. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. The proposed reclassification conforms to the applicable goals, policies, standards, and courses of action of the General Plan and implementing ordinances, plans, and documents. The proposed request conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map which designates the area as Low Density Urban. The LUPAG Map component of the General Plan is a representation of the document's goals, policies, standards, and courses of action. It is also a graphic depiction of the physical relationship between the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The area under consideration is consistent with the urban form established for this area. The request conforms to the Land Use goals and policies of the General Plan. The approval of the proposed State Land Use boundary request would result in a 4-lot subdivision that the applicants intend to convey to their children, which would consist of three(3) lots that are at least one-half(1/2) acre each and one lot that would consist of 1+ acre where the applicants currently reside. There are currently has three dwellings constructed on the property. Additionally, according to the Hawaii Land Use Commission Rules, one of the standards for considering an area for urban reclassification states that"In determining urban growth for the next ten years, or in amending the boundary, lands contiguous with existing urban areas shall be given more consideration than non-contiguous lands, and particularly when indicated for future urban use on State or County General Plans." The request conforms to this standard as it in an area of existing Urban-designated lands just Dru Kanuha, Council Chair and Members of the County Council Page 4 to the north. The north area was reclassified into the Urban District during the 1969 Boundary Review. The proposed reclassification action would also complement the goals, objectives, and/or policies articulated in the Hawai`i State Plan by encouraging urban growth primarily near to existing urban areas where adequate public facilities are already available. The urban classification conforms to the standard that the development is within reasonable proximity to centers of trading and employment and to basic services such as schools, police and fire protection,transportation systems and water. The property is located near commercial shopping centers, other residential developments and supporting public service facilities, and thereby conforms with the Land Use Commission Rules which encourages urban developments in close proximity to existing services and facilities. Access to the site is from East Mamaki Street and Awa Street. East Mamaki Street is a County road with a 20-foot wide pavement within an 80-foot wide right-of-way and 4-foot wide grass shoulders. Awa Street is a County road with a 20-foot wide pavement within a 50-foot wide right-of-way and 6-foot wide grass shoulders. Emergency services are available in Hilo and Kea'au. The three (3) existing dwellings currently have individual wastewater systems. A septic tank system will be installed meeting the approval of the Department of Health for the proposed vacant lot. All essential utilities and services are available to the property. The property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U.S. Corps of Engineers Flood Insurance Rate Map (FIRM) designates the property as Zone "X", areas outside the 500-year flood plain. The property is located approximately 4.5 miles from the coastline and is relatively level. There are no existing drainage ways or improvements in the vicinity of the property. All project generated runoff will be disposed of on-site, so as not to impact neighboring properties. Thus, the reclassification meets with the standard which states that the lands included within the urban district"... shall be those with satisfactory topography and drainage and reasonably free from the danger of floods, tsunami and unstable soil conditions and other adverse environmental effects." Urban Districts shall include lands characterized by"city-like" concentrations of people, structures, streets, urban level of services and other related land uses. Surrounding properties are zoned A-3a and includes a mix of single- Dru Kanuha, Council Chair and Members of the County Council Page 5 family dwellings, agriculture uses, or vacant land. Pana`ewa Farm Lots 1st Series approved under Subdivision No. 1091 on February 11, 1957, is located to the north of the subject site. This area was reclassified into the Urban District during the 1969 Boundary Review. A similar rezoning from A-3a to RA-.5a(Ag to Urban) was approved on April 4, 2007 (Ordinance No. 07-39)just to the north of the subject property on the west side of Awa Street. The property is an approximately 2.666-acre rectangular shaped lot on the southwest corner of the Mamaki Street-Awa Street intersection. Additionally, there are three(3) existing dwellings (constructed in 1966, 1994 and 2002), several sheds, and several greenhouses on the property. The property is one of twenty-five lots approved under Subdivision No. 2083 (Pana`ewa Farm Lots 2nd Series) on February 19, 1964. Lastly, this area is identified for Low Density Urban uses on the General Plan Land Use Pattern Allocation Guide (LUPAG) Map. Thus, as urban uses already exist in the immediate area to the north, the urbanization of the subject property will not contribute towards scattered urban development and represents a reasonable urban transition of an area envisioned for urban growth by the County and supported by necessary public facilities and services. Based on the above, the approval of the State Land Use Boundary Amendment from Agricultural to the Urban District complements the State Land Use District Regulations and is supportive of the State of Hawaii Plan and the General Plan. Therefore,the Planning Director recommends a favorable consideration of the State Land Use Boundary Amendment. The accompanying draft bill to amend the State Land Use Boundaries Map for the County of Hawai`i is included for your review and approval. Chane of Zone The applicants are requesting a Change of Zone from A-3a to RA-.5a to subdivide the 2.66-acre property into four lots consisting of a minimum of 0.5-acre in size to be conveyed to their children. The proposed 4-lot subdivision would consist of three (3) lots that are at least one-half(1/2) acre each. The fourth lot would consist of 1+ acre and is where the applicants currently reside. The applicant has submitted a concurrent request for a State Land Use District Boundary Amendment from an Agricultural to an Urban district. 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 Dru Kanuha, Council Chair and Members of the County Council Page 6 determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The Change of Zone request from A-3a to RA-.5a will conform to, among others, the goals, policies, and standards of the General Plan Land Use Element. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. The overall goals,policies, and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land use is one of the principal focal points of public concern and policy. The Land Use element provides the primary basis for direct control and guidance of publicly and privately owned resources. The request conforms to the policy of the Land Use element of the General Plan which state, "zone urban type uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities." 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 subject area is designated Low Density Urban. This designation includes residential, ancillary community and public uses, and neighborhood and convenience-type commercial uses. As areas that were once used for agriculture become more rural and urban in character there is a greater potential for conflicts and nuisance complaints arising from residences being located next to farms and other agricultural operations. State law requires that for boundary amendments to the Rural or Urban districts where the lands are adjacent or contiguous to existing lands within the Agricultural district shall include notification to owners and prospective buyers that farming operations are protected from nuisance complaints under the Hawai`i Right to Farm Act. Surrounding properties are situated in the State Land Use Agricultural district, while lands to the north are in the Urban district. Thus, a condition of approval will be included to protect the agricultural activities on the adjacent properties from nuisance complaints. Dru Kanuha, Council Chair and Members of the County Council Page 7 All utilities and services are available to the site. The property is located near commercial shopping centers, residential developments and public service facilities, which encourages urban developments in close proximity to existing services and facilities. The property is an approximately 2.666-acre rectangular shaped lot on the southwest corner of the Mamaki Street-Awa Street intersection. There are three (3) existing dwellings (constructed in 1966, 1994 and 2002), several sheds, and several greenhouses on the property. The property is one of twenty-five lots approved under Subdivision No. 2083 (Pana`ewa Farm Lots 2"`' Series) on February 19, 1964. The property is classified as "E"or Very Poor" soils the Land Study Bureau. While the potential for agricultural uses may exist, the soil conditions within the property and surrounding area would preclude such agricultural activities from being conducted on the site. The applicants have conducted agricultural activities on the property for decades, including growing orchids in greenhouses and macadamia trees. Surrounding properties are zoned A-3a and includes a mix of single-family dwellings, agriculture uses, and vacant land. Pana`ewa Farm Lots 1st Series approved under Subdivision No. 1091 on February 11, 1957, is located to the north of the subject site. This area was reclassified into the Urban District during the 1969 Boundary Review. Access to the site is from East Mamaki Street and Awa Street. East Mamaki Street is a County road with a 20-foot wide pavement within an 80-foot wide right-of-way and 4-foot wide grass shoulders. Awa Street is a County road with a 20-foot wide pavement within a 50-foot wide right-of-way and 6-foot wide grass shoulders. Emergency services are available in Hilo and Kea'au. The three (3) existing dwellings currently have individual wastewater systems. A septic tank system will be installed meeting the approval of the Department of Health for the proposed vacant lot. All essential utilities and services are available to the property. The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone "X", an area determined to be outside of the 500-year flood plain. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is not situated within the Special Management Area. It is located approximately 4.5 miles from the nearest coastline and therefore, will not be impacted by coastal hazard and beach erosion. There Dru Kanuha, Council Chair and Members of the County Council Page 8 are no identified recreational resources,historic resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the area. Thus, the proposed request and use of the property will not adversely impact those resources. Additionally,because the property is developed,it is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject property, nor has the area been identified as a significant botanical or biological habitat. Presently, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of known valued cultural, historical, or native resources in the area. The Department of Land and Natural Resources-State Historic Preservation Division issued a"no-effect" letter dated October 9, 2015 stating that "Aerial photos confirm that the project area has been used as an orchid and macadamia farm. No structures are present that are 50 years or older. Based on its current condition it is unlikely that any surface historic properties are present on the parcel. SHPD's determination is no historic properties affected for the proposed change of zone." Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Lastly, this approval is made with the understanding that the applicants remain responsible for complying with all other applicable governmental requirements in connection with the approved use, prior to its commencement or establishment upon the subject properties. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act(ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the above findings, the approval of the Change of Zone request from an Agricultural-3acre(A-3a)to a Residential and Agricultural-.5 acre(RA-.5a) zoned district would result in an appropriate land use pattern that will further benefit the public. The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map) of Chapter 25, Zoning Code, of the Hawai`i County Code 1983 (2005 Edition), is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. Dru Kanuha, Council Chair and Members of the County Council Page 9 We are enclosing copies of the staff Background, Planning Director's Recommendation, Powerpoint presentation and transcripts for your information. Sincerely, Myles iyasato, Chairman Windward Planning Commission LTakehiroSLU 15-043 REZ 15-194wpc2 Enclosures cc: Sidney M. Fuke, Planning Consultant Minoru, Jr. and Katherine Takehiro Department of Public Works Department of Water Supply Department of Land &Natural Resources-HPD State Land Use Commission William Brilhante, Esq., Corporation Counsel • BTakehiroSLUREZ.jwd-10-13-15 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT MINORU JR.AND KATHERINE TAKEHIRO STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 15-000043) CHANGE OF ZONE APPLICATION (REZ 15-000194) MINORU JR. AND KATHERINE TAKEHIRO have submitted applications for a State Land Use Boundary Amendment from Agricultural to Urban and a Change of Zone from Agricultural-3 acre(A-3a)to Residential and Agricultural-.5 acre (RA-.5a) for approximately 2.666 acres of land. The property is located on the southwest corner of the Mamaki Street-Awa Street intersection, Pana`ewa House Lots 2nd Series, Waiakea, South Hilo, Hawai`i, TMK: 2-2-056:002. PROPOSED ACTION 1. Request: The applicants are requesting a State Land Use Boundary Amendment from an Agricultural to an Urban district and a Change of Zone from A-3a to RA-.5a to accommodate a proposed subdivision of the 2.66-acre property into four lots consisting of a minimum of 0.5-acre in size to be conveyed to their children. The proposed 4-lot subdivision would consist of three (3) lots that are at least one-half(1/2) acre each. The fourth lot would consist of 1+ acre and is where the applicants currently reside. (Planning Department Exhibit 1 - State Land Use Boundary Amendment and Change of Zone Applications) According to the Zoning Code, the purpose of the Residential and Agricultural zoning district is to provide for activities or uses characterized by low density residential lots in rural areas where"city-like" concentrations of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with low density residential lots. Requirements for establishing a land use in the RA zoning district,including a list of the variety of permitted land uses, are shown in Section 25-5-50 to 57 of the Zoning Code. (Planning Department Exhibit 2 - Zoning Code Requirements for Residential and Agricultural Districts) 2. Landowners: The applicants are the landowners of the property. Attachment to: Com. 612 Bills 127 & 128 STATE AND COUNTY PLANS 3. State Land Use Designation: Agricultural. 4. GP LUPAG Map: Low Density Urban. This designation allows residential uses(up to six units per acre), with ancillary community and public uses, and neighborhood and convenience-type commercial uses. 5. County Zoning: Agricultural 3-acre(A-3a). 6. Hilo Community Development Plan: The Hilo Community Development Plan adopted by Planning Commission Resolution No. 1 on May 21, 1975 identifies the area as A-3a. 7. Special Management Area (SMA): The Special Management Area is a part of the Coastal Zone Management Program and regulated by the County. The property is not located in the Special Management Area. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 8. Subject Property: The property is an approximately 2.666-acre rectangular shaped lot on the southwest corner of the Mamaki Street-Awa Street intersection. There are three (3) existing dwellings (constructed in 1966, 1994 and 2002), several sheds, and several greenhouses on the property. The property is one of twenty-five lots approved under Subdivision No. 2083 (Panaewa Farm Lots 2nd Series) on February 19, 1964. 9. Surrounding Zoning/Land Uses: Surrounding properties are zoned A-3a and includes a mix of single-family dwellings, agriculture uses, or vacant land. Panaewa Farm Lots Pt Series approved under Subdivision No. 1091 on February 11, 1957, is located to the north of the subject site. This area was reclassified into the Urban District during the 1969 Boundary Review. A similar rezoning from A-3a to RA-.5a(Ag to Urban)was approved on April 4, 2007 (Ordinance No. 07-39)just to the north of the subject property on the west side of Awa Street. 10. ALISH: "Other Important Agricultural Land". 11. Land Study Bureau's Detailed Land Classification System: "E" or"Very Poor". 12. U.S. Soil Survey: Papai extremely stony muck, 6 to 20 percent slopes (rPAE), which consists of well-drained, thin, extremely stony organic soils over A`a lava. This soil has severe limitations that make them unsuited for cultivation and restricts the use largely to pasture or range, woodland or wildlife. 13. FIRM: Zone "X", area determined to be outside the 500-year flood plain. -2- 14. Flora/Fauna Resources: No formal flora/fauna study was submitted with the application as the site has been used for residential and farming activities for several decades. There are ohia trees on the property,but the site is dominated by agricultural crops, such as banana,macadamia nut, tangerine, orange and other citrus trees. The applicants do not believe there are any rare or threatened or endangered floral or faunal resources to be found on the subject property. 15. Archaeological/Historic/Cultural Resources: No formal archaeological survey was submitted with the application. The applicants state that the site was formerly bulldozed and cleared, and used extensively for farming and residential activities. The Depaitinent of Land and Natural Resources-State Historic Preservation Division issued a"no-effect" letter dated October 9, 2015 stating that"Aerial photos confirm that the project area has been used as an orchid and macadamia farm. No structures are present that are 50 years or older. Based on its current condition it is unlikely that any surface historic properties are present on the parcel. SHPD's determination is no historic properties affected for the proposed change of zone." 16. Public Access: There is no public access to the mountains or the shoreline that runs through the property. PUBLIC UTILITIES AND SERVICES 17. Access: Access to the site is from East Mamaki Street and Awa Street. East Mamaki Street is a County road with a 20-foot wide pavement within an 80-foot wide right-of- way and 4-foot wide grass shoulders. Awa Street is a County road with a 20-foot wide pavement within a 50-foot wide right-of-way and 6-foot wide grass shoulders. 18. Water: County water is available for the change of zone and the 4-lot subdivision. Three (3) dwellings currently have water meters. Water is available for the fourth lot. 19. Wastewater: According to the applicants, the three(3) existing dwellings currently have individual wastewater systems. A septic tank system will be installed meeting the approval of the Department of Health for the proposed vacant lot. 20. Solid Waste: There is no municipal collection system for solid waste in the County. All waste generated by the proposed project will be disposed at appropriate sites designated by the Department of Environmental Management. -3- 21. Essential Utilities and Services: The property is served by electrical, cable and telephone utilities. Police and Fire services are available in Hilo and Kea'au. AGENCIES' COMMENTS 22. Department of Public Works: (Planning Department Exhibit 3— September 17,2015 Memo) 23. Department of Water Supply: (Planning Department Exhibit 4— September 30, 2015 Memo) 24. Department of Environmental Management: (Planning Department Exhibit 5— August 24, 2015 Memos) 25. Police Department: (Planning Department Exhibit 6—August 26,2015 Memo) 26. Fire Department: (Planning Department Exhibit 7—August 27, 2015 Memo) 27. Department of Land and Natural Resources-Land Division: (Planning Department Exhibit 8—September 15, 2015 Letter) 28. Department of Land and Natural Resources-State Historic Preservation Division: (Planning Department Exhibit 9—October 9, 2015 Letter) 29. Department of Health: (Planning Department Exhibit 10—September 17,2015 Memo) AGENCIES AND ORGANIZATIONS -NO RESPONSES 30. Department of Public Works-Building Division. APPLICANTS"RESPONSE TO AGENCIES' COMMENTS 31. The applicants have submitted several letters in response of governmental agency comments. (Planning Department Exhibit 11 —September 21 & October 6, 2015 Letters) PUBLIC COMMENTS 32. As of the date of this writing, the Planning Department has not received any objections or letters of support from the general public or adjacent landowners on the subject application. -4- APPLICATIONS FOR STATE LAND USE BOUNDARY AMENDMENT'(Agricultural to Urban) and COUNTY REZONING (A-3a TO RA-.5) MINORU, JR. and KATHERINE TAKEHIRO Pana'ewa House Lots, 2nd Series South Hilo, Hawai i TMK: (3) 2-2-056: 002 Prepared For: Minoru, Jr. and Katherine Takehiro Prepared By: Sidney M. Fuke, Planning Consultant August 2015 Planning Dept. Exhibit^ STATE LAND USE BOUNDARY AMENDMENT APPLICATION (15 ACRES OR LESS) COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) PETITIONER: MINORU TAR JR. & KATHERINE TAKEHIRO PETITIONER'S SIGNATURE: 641,110AS/IL? 7/15/2015 ADDRESS: 620 Awa Street Hilo, HI 96720 PETITIONER'S INTEREST IF NOT OWNER: TELEPHONE:(Bus.) (Res.) 959-3469 --- (Fax) LANDOWNER(S): Minoru Takehiro, Jr. and Katherine Takehiro LANDOWNER SIGNATURE(S)�//%!4 I ' ' -4. ', `i ATE: 7/15/2015 (May be b letter) ADDRESS: 620 Awa Street Hilo, HI 96720 TAX MAP KEY: 2-2-056: 002 STREET ADDRESS OF PROPERTY: 620 Awa Street ZONING: A-3a SIZE OF PROPERTY: 2.66+ acres CURRENT STATE LAND USE DISTRICT CLASSIFICATION: Agricultural REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Urban AGENT: Sidney M. Fuke 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 M. Fuke COPIES: Minoru Takehiro, Jr. (See Instructions on Reverse Side) CHANGE OF ZONE APPLICATION COUNTY OF HAWAII ` ! PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Minoru Take ' o, Jr. and Katherine Takehiro/ APPLICANT'S SIGNATURE: +�� [° /' DATE:77/15/2015 ADDRESS: 620 Awa Street Hilo,HI 96720 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S)INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (Res., 959-3469 (Fax) LANDOWNER(S): Minoru T hiro, Jr. and Katherine Takehir. � LANDOWNER SIGNATURES � WW ' / ' DATE: 7/15/2015 (May be by letter) LANDOWNER(S)ADDRESS: 620 Awa Street Hilo, HI 96720 REQUEST: A-3a TO RA-.5a (Existing zoning) (Proposed Zoning) TAX MAP KEY: 2-2-056: 002 STREET ADDRESS OF PROPERTY: 620 Awa Street SIZE OF PROPERTY OR AFFECTED AREA(S)TO BE REZONED: 2.66 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: Minoru Takehiro, Jr. ATTACHMENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? Yes If yes, please answer the rest' of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? All b. Into what lot sizes? .5ac c. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? 1month d. Do you intend to build houses on the newly created lots? no If yes, please answer the following questions: On how many of those lots? At what approximate price range? House Lot Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. Yes 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? N/A b. Sell or lease the land to someone who has tentative plans? N/A c . Sell or lease the land to someone who has no plans? N/A d. Keep it? N/A e. P. D. 2 5/84 f . If you intend to do either a, b, c, please elaborate on the kind of plans the other party has. Please, also , include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? Yes How? By providing land for family member,it eliminates need for a lot in the open market. 4. Are there any buildings on the subject area? Yes If so, what kind? Residences and greenhouses What do you intend to do with those buildings if your request is approved? Continue to reside on the lot and use the greenhouses 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. primarily orchid 6. Was your request to allow for the creation of smaller agricultural lots? No 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 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 fro 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 g, Recreational Facilities X h . Public Utilities X i _ Other For those checked "yes", please elaborate what type or kinds of improvements and/or assistance are needed. i Signature: Aideet -2/1 :45 Ci;1 Address: 620 Awa Street Hilo,HI 96720 Telephone: (808)959-2261 Date: July 15,2015 -4- COUNTY ENVIRONMENTAL REPORT STATE LAND USE BOUNDARY AMENDMENT REQUEST (Agriculture to Urban) COUNTY REZONING REQUEST (A-3a to RA-.5a) MINORU, JR. AND KATHERINE TAKEHIRO PANAEWA HOUSE LOTS, 2ND SERIES SOUTH HILO, HAWAI'I, TAX MAP KEY: (3) 2-2-056: 002 I. INTRODUCTION Minoru, Jr. and Katherine Takehiro ("Applicants")wish to subdivide their 2.6+ acre property into four (4) lots, consisting of a minimum of .5 acre in size. If approved, the requested lots would then be conveyed to their children. The goal, thus, is essentially to address a family partitioning objective. Inasmuch as the property is situated within the State Land Use ("SLU") Agriculture District and zoned Agriculture (A-3a), the property must be reclassified into either the SLU Rural or Urban District and subsequently rezoned into the Rural-Agriculture (RA-.5a) district. Due to the site's General Plan Land Use Pattern Allocation Guide ("LUPAG") map designation, however, the Applicants have elected to proceed with the Urban district. II. PROJECT LOCATION The subject property is located at the southwestern corner of East Mamaki and Awa Streets in the Panaewa House Lots area. Its street address is 620 Awa Street. The County's Malama Park is situated less than 500 feet to the east along Mamaki Street. The Hawaii Belt Highway is located approximately 2,000 feet west of the subject property. (Figures 1 & 2). III. PROJECT DESCRIPTION A. Project Concept and Components The subject parcel is owned by the Applicants. With the support of two (2) of their four (4) children, they have and continue to operate an orchid and macadamia nut farm on the subject property. In that regard, a farm dwelling permit was issued October 18, 2001 to allow the construction of second farm dwelling on the subject property. (Exhibit A) As such, today the site-- in addition the greenhouse and related farm structures - consists of three (3) dwellings, whose 1 ji A B D E ( G H II SEE PAGE 38 gp .... 'i imm NOT TO SCALE ZOO EaENT A,µ — e = ST 11 CENTER HAKE ¢ i r70B KINOO(,E i 1 'Sg 9/'y. a "u pR ATcy • ,! c J Po �� .41111, . ,Z,� o P>� Olu e. a �� m tvA�ANUHEA KANOELE 2 ��PJ,P 37 ^5� 2 Q ELM DR HUA AVE 2 • 2 --, . AWARuHI Z Y Q NMI PL J Q ili K1NAI �8t S' Pt? w 9 GP O\ IF KALO D -a PALAUHl-0 ,a, .co• O�� �0?,`Ol 207 hi. NOHONA mo .4212 ; 00� MAMAKI MAF-HAI Rp 3 ,t0\',14- , PL _ 3 �. Z a 1 J EYv V AWA ¢ S .. r-i F •2,• y 43 a Q Y a;: 610 . '0379 iii ill 800 U.H.H. MALAMA COLLEGE OF HUNA '-- AGRICULTURE PARK v 1079 336 p. AV . 4 4 ARCHERY 156 0 ,o RANGE X I, -0 A� Subject Site a Z . 1055 -0 - • - 20 i y 0 5 r 5 m RAILROAD AVE • 899 11 • . • Toa ir. .. 1050 • 680 II" A599 /i 6 6 1504 NO D • p> AUWAE RD I. O 1165 ��: y92 . 7 7 �F • • 840 8 -Cr; 8 v • . • w E . 5 9 9 cr. rn A DRAG'S'B\P PANP`°14 1 0 • 1 0 • .. A B D PAGE 35 E F G H FIGURE 1 LI M111 g a/57P'GI' hill g If :161, Pi No ,e/ P1/,A KEAfr f�i� 6II ,t.1' TIO �.r s 5E Rpt ZONE I ^ p`s.r i 111 2 N��� _��- all k2 _________j 9 I ° 11 �- i r et_ "1 o t © c ' S R Y o NI o tom s a �4. e ° Al n x r i eP Q N .®' , I til. ~® a r w (0 I W O e O } g .max.. Wlzk t;O .gi Q v 'kr gft g 1%-, : C H Q _ t t til "l a . s ki \ ,. ,tG -. 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In addition to the downsizing and, more so, for estate planning purposes, the Applicants wish to subdivide the property into four (4) lots and subsequently convey a lot to each of their four (4) children. The proposed 4-lot subdivision would consist of three (3) lots consisting of at least one-half (1/2) acre each. The remaining lot, where the Applicants currently reside, would consist 1+ acre. The tentative configuration of the lots is depicted in Figure 3. As tentatively proposed, one (1) of the lots with a dwelling on it would continue to have its access from East Mamaki Street. The other three (3) lots, two (2) of which has a dwelling on it, would have their access from Awa Street. The remaining proposed vacant lot would also have its access from Awa Street between Lots 2 and 3 either via the creation of a flag lot or an easement over Lot 2 corresponding to the existing driveway. 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 rezoning approval. B. Project Timetable and Cost The Applicants hope to secure County approvals of the State Land Use reclassification and rezoning as soon as possible and begin the subdivision process immediately thereafter. This would hopefully occur within the first quarter of 2016. Tentatively, plans call for having the land subdivided by the middle or ending part of 2016. The estimated cost of infrastructure improvements for this proposed subdivision may not be overly significant, as the County roadways fronting the proposed lots are up to County standards and water improvements may be limited to only the relocation and/or installation of water meters for each of the lots. 2 d H o y O[V T d- O ./.7/ . , O �7 \`6P N VS w I ..---.4\ ��� / Z� • / G� T • 0 C � Ey / o Tyr CL Jm 0 _ N U O 1.,-, MII ' yv E .22 - 4 3 '• , °z -- r90'OOZ T,rO , 1-boLS o��' 7o • -- = � NU N C N E_ M 68'ZOl , Ll'L6 -o m�O a 0 U N 0 U :� O N 7 O / a ..o, _ 0 0 Co N N U co O *I/ O N O O O O) 00 —1O W 0 O V- ' ,_ 0/I ,s,..,_, - O , . „ .„, .? .CO • y U� N pgi . c� Q C O H y o o I L ---0- 0 ° Mo ° w!say4o!�f L hip.El cli •f /> (/7 • 0' CO N . 3 A W : xoo V\ 4...., F Q 00 A P. AE a0� U " a -I O r, p + y P� .64 to m r W co s CO4-0 o5 °'' / s_ t 41 0 PO Ur I 1— 0 O 61 -4 0 ingl _ a 7d Fr f� am 0 c- - II aa K\\ Z o o O0 n °�F ' � . -0 o oJ1, .1w = v`❑ \ o!}das E A O 0, 001 0,rn E N a .2.T r 99.5-bZ - «0 , 1.1boL2Z 3d V o N .a . E . 1.a9a1.s I>IDWDW (omy61HI}—,_- • f FTC-1112F IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The subject site is designated Agriculture. Based on the proposed minimum one-half (1/2) acre size of three (3) of the four (4) proposed lots, the site needs to be reclassified into either the State Land Use Rural or Urban district. In this situation, because the site is designated Low Density Urban on the General Plan LUPAG map, the Applicants are requesting to have the site reclassified into the Urban district. Based on Chapter 205 of the Hawai'i Revised Statutes, the County of Hawai'i can process this district boundary request. B. County General Plan In a letter, dated November 5, 2014, the County Planning Department concluded that the County General Plan LUPAG map designation of the subject site to be Low Density Urban. (Exhibit B) This designation allows consideration for uses that are single-family residential in character, ancillary community and public uses and convenience type of commercial uses. The proposed rural-residential subdivision resulting in the creation of four (4) 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 House Lots area. These developments render many of the CDP land use concepts obsolete. Although the document was reviewed by the County Council, the CDP was never adopted by ordinance. The CDP's Land Use Concept Map identified this area as A-3a. However, many of the planning assumptions reflected in the 1975 CDP are now obsolete. 3 The County Charter requires all changes of zone be consistent with the designation in the General Plan. In this case, the GP LUPAG designation is Low Density Urban. As such, the proposed RA-.5a zoning would be consistent with such designation. D. County Zoning The County zoning of the subject property is Agriculture (A-3a). The properties in this area are predominantly zoned A-3a. However, there are two (2) properties that were recently rezoned into the Residential- Agriculture (RA-.5a and RA-1a) district proximate to the site. If approved, the site would be subdivided in a manner generally meeting with both the Zoning and Subdivision Codes. Please note, however, that should the County require road improvements and/or additional right-of-way fronting the subject property or possibly even some structural setback for existing structures, the Applicants may elect to seek some relief from them. Notwithstanding the subdivision requirements, all uses and standards consistent with the requested RA-.5a zone would be adhered to. It should be noted that, as proposed, the greenhouse would protrude across of a property line. This will be remedied in conjunction with the subdivision process by either adjusting the line or removing the affected portion of the structure. Relative to any residential or residentially-related structures, however, depending on the proposed layout, variance(s) may be needed. At this time, however, no such variance is anticipated. E. Relationshi• to SMA Ob-ectives 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 four (4) 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 entire site has been previously bulldozed and/or cleared by the Applicants and is now actively being 4 either farmed or used residentially. In the unlikely event any archaeological features are found during any earth disturbance activity, work will stop within the affected area and appropriate clearances from the State Historic Preservation District ("SHPD" and County Planning Department will be secured before work resumes. The proposed action will involve the construction of improvements in a rural-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, another single-family dwelling on the entire site, as the site already has three (3) dwellings. Further, neither the ocean nor other open space resource such as Mauna Kea or Mauna Loa is visible from the site. Relative to the Coastal Ecosystems, impacts should be negligible, if at all, as the site is located well over four (4) miles from the ocean. Notwithstanding the distance, the nature of the project— rural- residential — and the construction of only one (1) additional private wastewater system are such that potential coastal ecosystem impacts would usually not be found. The proposed action will not necessarily result in creation of more agricultural farm lots in this area. However, it would provide more housing opportunities, albeit for family members. In so doing, the proposed action could have a greater social utility or some measure of overall economic use of this site rather than letting its limited agricultural use fade away. 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 RA-.5a, and the requested use and design/parameters for any new structures (height, setback, etc.) would be consistent with said zoning. 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 5 the posting of a sign on the property, as well as sending two (2) notices to surrounding property owners, one at the time the application is filed and again, prior to the public hearing. Based on the foregoing, it is concluded that the requested improvements would be consistent with the objectives, policies and guidelines of the Coastal Zone Management Policies, as outlined in Chapter 205-A-23, HRS and Planning Commission Rule No. 9 relating to Special Management Area. F. Other Permitting Requirements As noted earlier, other permits would still be required. These would be of the "ministerial" variety, such as Subdivision Approval, possible Underground Injection Control (UIC) permit, driveway access permit, and the like. V. ENVIRONMENTAL CONSIDERATIONS A. General Description The parcel is generally trapezoidal in shape, with the smaller portion abutting the property to the south. The 2.66-acre site has three (3) dwellings, a greenhouse, and some related farm structures. The site is fully developed with structures, lawn, and some tropical and/or fruit trees. The site is situated at about the 225-foot elevation level. According to the State Commission on Water Resource Management, the closest rain gauge in this area is the Hilo Airport. The annual median rainfall for this area is approximately 131 inches. The average daily temperature ranges from a minimum of 61 degrees to 79 degrees Fahrenheit. Wind patterns are generally easterly during the day and westerly during the evenings. B. Soils and Topography The topography of the site is fairly level. The Land Study Bureau Overall Master Productivity Rating of the subject site is generally "E" or very poor (E271) for agricultural productivity. The "E" classification suggests that the site has very poor agricultural productivity potential. The classification notes that the soil is of the "A'a"series, which is characterized by little or no soil material. Its color would be dark 6 brown or nearly black. This type of soil is excessively well drained and unsuited for machine tillability. The State of Hawaii's Agricultural Lands of Importance to the State of Hawaii (ALISH) maps classify this site as being "Other Agricultural Land". C. Natural Hazards 1. Drainage The US Corps of Engineers' Flood Insurance Rate Map (FIRM) designates most of the project site to be located in Zone X, areas outside the 500-year flood plain. The Applicants have not observed any significant runoff or erosion in the recent past. Pursuant to County drainage requirements, appropriate drywell and/or similar means to capture runoff from any newly constructed improvements will be built, if necessary, in conjunction with the subdivision approval process. 2. Tsunami Hazard As the site is located over four (3) miles from the ocean, it is located outside of the Civil Defense's Tsunami Evacuation Zone. 3. Volcanic and Earthquake 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. The entire island of Hawaii falls within Earthquake Zone 4, according to the County Building Code. As such, certain structural requirements will be needed and taken during the building permit process to address this seismic hazard. 7 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. Aside from scattered 'ohia trees, the site's vegetation is pretty much dominated by agricultural crops, such as scattered banana, macadamia nut, tangerine, orange and other citrus trees. There are also some palms and soursop trees. 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 (Po) and the Hawaiian Owl (Pueo). Further the rural-residential nature of the surrounding areas would make it less likely to find endangered animal life in this area. E. Historic/Cultural/Archaeological Resources As the site was formerly bulldozed and cleared and used extensively for farming and residential activities, no commissioned archaeological survey of the site was made. It is very unlikely that the site would have any archaeological or cultural features. However, if needed, an archaeological monitoring plan can be prepared and implemented in conjunction with further land clearing activity associated with the construction of the last dwelling. 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 SHPD 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. 8 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 four (4) miles from the coastline. As such, coastal impacts resulting from discharge of wastewater systems from the site should not be significant. Further, being a non- coastal property, no coastal access will be affected. As the site falls within the Critical Wastewater Disposal Area, a septic tank will be required for any new dwelling. This will be constructed in conjunction with the construction of a new dwelling and constructed in a manner meeting with the approval of the State Department of Health. Noise, Air Quality, and Dust Both East Mamaki and Awa Streets will serve as the primary accesses to this project. Because the subject site is located near the end of Mamaki Street, the existing ambient traffic level in this area is quite low. As such, the corresponding noise level should equally be quite low. With the completion of this project, the noise level is not anticipated to increase significantly. There may, however, be short-term noise impacts associated with the construction of any required infrastructure. 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 9 impact to the ambient air quality, the impact should not be significant, as the project will increase the density by only one (1) additional unit. 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 in the beginning, long term dust generated by the project should be minimal. Construction dust, however, like construction noise will have to comply with the State Department of Health's regulations. 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 South Hilo. The most notable is the backdrop of the mountains of Mauna Kea and Mauna Loa. The proposed subdivision and eventual construction of another dwelling should not have any visual impacts to these mountains. To begin with, both mountains can barely, if at all, be seen from the site. Thus, those scenic vistas should not be impeded when traveling along Awa Street and that portion of East Mamaki Street fronting the site. VI. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses The land use in this area is generally residential/agricultural in nature. There are some small family-type macadamia nut and anthurium farms on some of the surrounding properties to the immediate north and west of subject site. Those properties are zoned A-3a, with the exception of the two (2) RA zoned properties. Properties to the south are part of the State-developed Panaewa Farm Lots, which are zoned A-3a. (Figure 4) Given the existing and zoned conditions, the proposed rezoning would not be incongruous with the emerging residential-agricultural pattern of this area. B. Economic Impacts The requested zoning would have some measure of economic impact, as it would make a fee simple lot with some measure of agricultural 10 potential more readily available. Although the project is directed at the Applicants and their children, it would still enable the ultimate user the opportunity to engage in some sort of agricultural activity while residing on the property. Further, there will be some small short-term construction activity associated with the construction of the required subdivision infrastructure and new dwelling. This could help with the area's economy. C. Agricultural Impacts As noted earlier, the site has been and continues to be used for some measure of agricultural activity. This is in spite of the soil's Class "E" classification. Some of these agricultural activities occur in a greenhouse, while others —such as the macadamia nut trees—are outdoors. These uses — albeit on a more limited and secondary level - will continue, in spite of the subdivision The Applicants' proposal could thus help foster the agricultural objectives, while addressing the all important housing needs. VII. INFRASTRUCTURAL CONSIDERATIONS A. Road Access to the project would continue to be from East Mamaki Street and Awa Street. Those are County-dedicated roadways built to a minimum 20+ foot wide pavement and 4-foot wide shoulders within 50-foot wide rights-of-way. There are already three (3) dwellings on the subject site. With the proposed action, only one (1) more dwelling would or could be constructed. Given that, the proposed rezoning and subdivision should not generate any significant additional burden to the roadway system in this area. B. Water There is a County water line fronting both East Mamaki and Awa Streets. However, the three (3) dwellings and greenhouse/agricultural use currently are being serviced by an existing 1.5-inch water meter fronting East Mamaki Street. That meter already has a backflow preventer. Additional water is available for the fourth lot. 11 Please note that the Applicants, due in part to the initial installation cost, would prefer continuing the use of the 1.5-inch meter for the three (3) dwellings instead of having it resized to the standard residential size of 5/8-inch for each of the lots. The Applicants will work with the Department of Water Supply to see whether alternative arrangements —such as the use of the "out of bounds" agreement— are possible. C. Wastewater There is no County wastewater system in this area. As noted earlier, the three (3) existing dwellings already have their own system. Relative to the proposed vacant lot, a septic tank system meeting with the approval of the Department of Health will be constructed in conjunction with the construction of a dwelling on said lot. . . 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 RA-.5a 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 City of Hilo urban area, it is already being serviced. No extension of government services would be required. The nearest fire station is located at Kawailani Street, less than three (3) miles from the site. The Police Station is located at Kapi'olani Street, approximately five (5) miles from the subject site. Public schools (K-12) are available at the Waiakea School Complex, approximately three (3) miles away. County parks are available in the immediate vicinity, one less than five hundred (500) feet away. As such, the project should not result in the extension of any government services. Further, the required public facilities are located reasonably proximate to the subject site. 12 F. Other Utilities AU other utilities such as telephone, cable, and electrical services are available to the site. 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 orchid, macadamia nut, and fruit trees. The Applicants would be less able to tend to the farm as opposed to creating opportunities for other family members to reside on and then help with the farming activities. From a long-term productivity standpoint, then, the proposed 4-lot subdivision would not only provide a heightened level of possibility in having the land used for more intensive agricultural activity but address the Applicants' and overall community's housing needs. B. Irreversible and Irretrievable Commitment of Resources As the site has been relatively disturbed in the past, it is not likely that its continued use and construction of an additional dwelling in the area of the existing greenhouse would result in an irreversible commitment of natural or archaeological resources. Although the soil on the parcel has been classified "E" or Very Poor by the Land Study Bureau, there has and continues to be some measure of agricultural use of the site. It is reasoned that the creation of the 4-lot subdivision should help foster and not necessarily remove this land from its current limited agricultural use. 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 generally consistent 13 with the subdivision process. As noted earlier, however, there is a chance, depending on the subdivision requirements, that the Applicants may seek some relief from possible infrastructure and set back requirements. In either event, contractors will be obligated to comply with appropriate State noise and air quality standards to address any of the subdivision and/or construction requirements. Should unanticipated archaeological finds be discovered in conjunction with any further development of the site, work will stop (as is required by the State and County) and clearance secured before work is resumed. There is no existing drainageway on the property. Any and all required grading or grubbing work will be done in conjunction with the required permits. 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 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 orchid, macadamia nut and fruit tree farm. The Applicants would not, however be able to reasonably facilitate their estate planning. Further, there is an existing mortgage covering the entire property. With the subdivision, the mortgage can be re-financed, leaving the Applicants' home free of any financial encumbrances. Due to the current condition, it would be difficult for the Applicants or any of the children currently living on the property to secure loans to further their personal or even agricultural objectives without affecting the entire property. In that sense, securing financing that would enable the expansion or intensifying the agricultural use of the site would be made more feasible. 2. Alternative Density Under this alternative, the Applicants could seek a more 14 intensive zoning, such as RS-20 or possible RS-10 zoning, given the proposed Urban classification of the site and General Plan LUPAG Low Density Urban designation. Such an approach, however, may not be compatible with the policy of trying to foster more family-oriented type of agricultural activities in this area and compatible with the adjoining Panaewa Farm Lots to the south. 3. Evaluation of Alternatives The project's impacts to the area's social and physical infrastructure would not be pronounced. It would still be in keeping with the general character and ambiance of this area. Additionally, certain mitigative measures could be taken to address any possible impacts associated by the development of this project. Further, the project would be consistent with the land use objectives sought to be accomplished by the County General Plan LUPAG map. In view of the aforementioned, it would appear that none of the alternatives would be more prudent and beneficial than the requested RA-.5a alternative. IX. REGULATORY ANALYSIS A. General Plan LUPAG Map The General Plan provides for the long-range comprehensive development of the island of Hawaii. It provides direction for balanced growth in the County. The LUPAG map designates the site Low Density Urban. This designation allows the requested RA-.5a 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 creating the financial mechanism for expanding and/or intensifying the existing agricultural 15 uses on the property. 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 vehicular transmission associated with the construction of one (1) more dwelling, air pollution associated with the project should be negligible. All wastewater systems are and will 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, a solid waste management plan could be prepared and implemented. The project will also not be a noisy one, except as may be associated with the limited farming operations and residential use. 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 and land uses 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 may have been sightings of the Hawaiian crow (Alala) or the owl (Pueo), this area is not their primary habitat. As such, the 16 subject project should not have any significant impacts on rare or endangered plant or animal life in this area. As the RA-la zoning would allow a residence on the proposed vacant lot, while allowing the occupants of the remaining dwellings to re- finance their mortgage, the project will indirectly fulfill the objectives of the housing element. 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 four (4) 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. There already are existing county water meters serving the site. Vehicular access to the site is already fully improved and accessible by emergency vehicles. Schools and other public facilities are also located proximate to the site, most of them being less than three (3) miles away. Finally, in terms of the Land Use and Agricultural elements, the pertinent goals, policies, and standards of the General Plan note the following: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County • Protect and encourage the intensive utilization of the County's limited prime agricultural land • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, 17 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. While immediate neighboring properties consist of two (2) to three (3) acre in size, there are two properties proximate to the site that are one-half(1/2) to one (1) acre in size. The requested zoning and use would not be totally incongruous with the emerging character of this area. Although the soil of the site is classified "E" or Very Poor by the Land Study Bureau, there has and will continue to be some measure of agricultural use on the property. This request, however, would enable the refinancing the property such that funds could be set aside to expand and/or intensify the agricultural use of the site. The intended users of the site are children of the Applicants, children who have worked and continue to work the farm. With that background and now each having its own lot should not diminish the continued agricultural use of the property. 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 18 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 House Lots area. These developments render many of the CDP land use concepts obsolete. Although the document was reviewed by the County Council, the CDP was never adopted by ordinance. The CDP's Land Use Concept Map identified this area as A-3a, which is inconsistent with the County General Plan LUPAG map. The LUPAG map has been amended to reflect a Low Density Urban designation. As such, some of the planning assumptions reflected in the 1975 CDP are now obsolete. The GP LUPAG map therefore is a more accurate land use depiction of the affected properties and surrounding lands. The County Charter requires all change of zones to be consistent with the designation in the General Plan. In this case, the GP LUPAG designation is Low Density Urban, and thus, the requested RA-.5a zoning would be consistent. D. Zoning and Subdivision The designated zoning of the site is Ag-3a. Should the RA-.5a zoning be approved, the requirements of the zoning and subdivision codes would generally be complied, including use and related development standards. These include the incorporation of appropriate restrictive covenants relating to density, use, and design restrictions. However, depending on the subdivision requirements, the Applicants may seek some relief of any infrastructural and/or setback requirements E. State Land Use Urban Standards As the requested area covers less than fifteen (15) acres, the County can process the request. Pursuant to the Planning Commission Rule No. 13, the request must meet certain standards. These standards and their justification follow: 1. Conformity to the General Plan The project's relationship and conformity are described in 19 Chapter IX A and B above. 2. Relationship to State Land Use Urban District Standards The State Land Use Commission's Rules provide the standards for determining the Urban district boundaries (Section 15-15-18). Their relationships to this request are noted as follows: a. "City-Like" Characteristics A concentration of people, structures, streets, and rural/urban level of services characterize this area. There are residences in this area; commercial, school and other public facilities within a three (3) mile distance. b. Factors of Urban Characteristics The site is proximate to centers of trading and employment. It is within an area where there are existing and evolving planned rural-residential uses. All of the related urban amenities and services such as school, parks, and protective services are also located less than three (3) miles from the site. As such, basic governmental and utility services are readily available to this area. This reclassification will not necessarily result in providing a sufficient urban reserve area for growth, as the Applicants intend to develop the property immediately. Further, the site represents more of an "in- filling" and as such, would not really be suitable for a growth reserve area. Nonetheless, its approval and development could make fringe properties more suitable for reserves. c. Natural Hazards Topographically, the site is suitable for development. It does not have slopes in excess of 20 degrees. The site has no known unstable soil condition. There is no floodway affecting the site. 20 • It is outside of the tsunami zone and is not located within the high volcanic hazard area. It is located within Zone 3, comparable to other parts of the City of Hilo. Although within the highest seismic zone (Zone 4), all improvements will be designed to meet with the prevailing building code. The applicable code is predicated on zone 4. d. Contiguous to Urban Areas The site is not contiguous to any urban properties. However, it falls in an area envisioned for low density residential use by the County General Plan. . e. Relationship to County Growth Plans This site does not represent the creation of a new urban concentration, as the surrounding area is already a rural/urban-like environment. The subject site is designated on the General Plan LUPAG map for Low Density Urban uses. The requested Residential-Agricultural (RA-.5a) zone is thus consistent with the General Plan. f. "Scatterization" Impact As the site does conform to the standards described earlier, this standard really does not apply. This applies to a situation where an amendment creates a potential "spot" zoning and thereby increasing the need to extend public services at considerable taxpayers' expense. In this situation, the general area is already rural/urban in character, and the subject site is within this developing area. Its development should thus not result in the expansion or extension of government services. g. Slope of Property The slight is generally level. There is no discernible slope. Accordingly, the development of this site would not be violative of the "more than 20% slope" standard. 21 • CsOJaty OF ,1•'. • • Harry Kim • ;yprc*% Christopher J.Yuen Mayor ; _ : I Director r•o<,_N w'.•�. r1ra------------------• Roy R. Takemoto Deputy Director L111-M n p.nfunii PLANNING DEPARTMENT 25 Aupuni Street,Room 109•Hilo,Hawaii 96720-4252 (808)961-8288 •Fax(808)961-8742 October 18, 2001 Mr. Sidney Fuke Planning Consultant 100 Pauahi Street, Suite 212 Hilo,Hawaii 96720 'Dear Mr. Fuke: Additional Farm Dwelling Agreement Applicants: Edgar and.Deborah Ombac, d.b.a. Takehiro Orchid Co. Land Owners: Minoru Takehiro,Jr. and Katherine G. Takehiro Tax Map.Key: (3) 2-2-056:002 Pursuant to authority conferred to the Planning Director by Chapter 25,Article 5, Division 7, Section 25-5-77 of the Zoning Code and Planning Department Rule 13, Farm Dwellings,we have reviewed your request for an additional farm dwelling on the subject property. Your submittals included the following information: 1. A notarized affidavit that the additional dwelling shall be used for farm-related purposes in the foiul of the enclosed Additional Farm Dwelling Agreement to be submitted for recordation with the Bureau of Conveyances. 2. Name and address of the landowner(s) or lessee(s), if the latter has a lease on the building site with a teiui exceeding one year from the date of the farm dwelling agreement. 3. Written authorization of the landowner(s) if the lessee filed the request. 4. A farm plan or evidence of the applicant's continual agricultural productivity or fanning operation within the County, including an explanation of why this additional farm dwelling is needed in connection with the agricultural productivity or farming operation. EXHIBIT A Mr. Sidney Fuke Planning Consultant Page 2 October 18, 2001 Your farm plan included the following ongoing and proposed agricultural activities: (a) Ongoing agricultural activities include the following: i. Commercial cultivation of orchids within six (6) greenhouses covering an area of 16,810 square feet; ii. Approximately 1.6 acres of mature macadamia nut trees for commercial purposes, and; iii. Commercial cultivation of heliconia on .229 acres. (b) No additional agricultural activity has been proposed in connection with this application. 5. In support, evidence of a State of Hawaii Department of Taxation's General Excise (GE) Tax License has also been presented. Findings: 1. In Chapter 205,Hawaii Revised Statutes (HRS), the State Land Use Law does not authorize residential dwellings as a permitted use in the State Land Use Agricultural district unless the dwelling is related to an agricultural activity or is a farm dwelling. A farm dwelling as defined in Section 205-4.5, Chapter 205,HRS, means a single family dwelling located on and used in connection with a farms including clusters of single family farm dwellings permitted within agricultural parks developed by the State, or where agricultural activity provides income to the family occupying the dwelling. (emphasis added) 2. The subject lot was created by Grant S-14259 prior to June 4, 1976,which,pursuant to HRS §205-4.5(b), defines the first dwelling on the lot as a single-family dwelling. 3. The Farm Plan, GE Tax License (ill number 30100401), and the agreement to use the dwelling for agricultural or farm-related activity on the building site demonstrate that there is income producing agricultural activity and the income is being taxed. Exhibit A Mr. Sidney Fuke Planning Consultant Page 3 October 18, 2001 4. In addition, the following agencies have submitted their comments as stated below: (a) Department of Water Supply (Letter dated September 27, 2001): "We have reviewed the subject application and have the following comments. For your information, an existing 11/2-inch meter services this parcel and,based on current consumption, the meter is adequate for the two existing dwellings and the proposed additional farm dwelling. As the property already has a backflow preventer installed,the Department has no objections and requirements for the proposed application. Should there be any questions, please call our Water Resources and Planning Branch at 961-8070." (b) Real Property Tax Office (Memorandum dated September 19, 2001): "Property is receiving agricultural use value. Real Property taxes are paid through December 31, 2001." (c) Department of Health(Memorandum dated September 18, 2001): "The subject proposal is located in a Critical Wastewater Disposal Area. Under the current rules, a lot size of one (1) acre or more is required for the use of a cesspool to service a total of 1,000 gallons per day or 5 bedrooms. Only one (1) cesspool would be allowed on the lot. A septic tank system would be needed if a second disposal system is needed on this lot." Decision: In view of the above,your request to construct a second farm dwelling is approved subject to the following conditions: 1. The additional farm dwelling shall only be used to provide shelter for persons involved in the agricultural or farm-related activity on the building site. Family members who are not Exhibit A Mr. Sidney Fuke Planning Consultant Page 4 October 18, 2001 engaged in agricultural or farm-related activities are allowed to reside in the farm dwelling. 2. The agreement shall run with the land and apply to all persons who may, now or in the future, use or occupy the additional farm dwelling. 3. All other applicable rules,regulations, and requirements of the Planning Department (including but not limited to the Zoning Code, Chapter 25,Department of Public Works, Department of Water Supply, Fire Department and State Department of Health and other reviewing agencies/divisions listed on the Building Permit Application. 4. The First Party shall allow the Second Party or its representative to inspect the farm upon reasonable prior notice. 5. This Additional Farm Dwelling Agreement shall be valid for a period of two (2)years from the date of this approval letter to secure a building permit for the additional farm dwelling. Failure to secure a building permit for this additional farm dwelling on or before October 18, 2003 may cause the Director to initiate proceedings to invalidate the AFDA. Should you have questions or require further information,please feel free to contact Larry Brown of my staff at 961-8288. Sincerely, CHRISTOPHER J. `" Planning Director LMB:pak \\PLANNING-SERVER\PUBLIC\WPWIN60\Lany\FDA\Ombac 2-2-56-2 apvl.doc Enclosure Exhibit A William P.Kenoi ot • •", ` Mayor ��: Duane Kanuha ,����' Director Bobby Command , �aw•�.`• Deputy Director • trE •Mte► West Hawai`i Office East Hawaii Office 74-5044 Ane Keohokalole Hwy • • 101 Pauahi Street,Suite 3 Kailua-Kona,Hawai`i 96740 County of Hawai`i Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)96I-8742 November 5, 2014 Mr. Sidney Fuke, Planning Consultant 100 Pauahi Street, Suite 212 Hilo, HI 96720 Dear Mr. Fuke: General Plan LUPAG Conformation Tax Map Key: 2-2-056: 002 This is to acknowledge receipt of your letter dated September 25, 2014 requesting for a confirmation of the General Plan Land Use Pattern Allocation Guide(LUPAG)map designation for the above referenced property as the owners are considering a possible change of zone action. The General Plan states the following regarding the review and interpretation of the General Plan LUPAG map in relation to Zoning requests: 14.1.4 Standards (a) The designated land uses will be delineated on the General Plan Land Use Pattern Allocation Guide Map. The broad-brush boundaries indicated are graphic • expressions of the General Plan policies,particularly those relating to land uses. They are long-range guides to general location and will be subject to: a) existing zoning; and b) State Land Use District. (b) Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. In reviewing the request for an interpretation of the GP LUPAG map designation for the property in relation to the above information,we can deteimine the following: 1. The property is located in an area that transitions between the Low Density Urban (LDU) and Important Agricultural Land (JAL) GP LUPAG designations. Since www.cohplanningdept.com Hawai'i County is an Equal Opportunity Provider and Employer planninu@co.hawaii.hi.us EXHIBIT R Mr. Sidney Fuke, Planning Consultant Page 2 November 5, 2014 the application of the LUPAG map designations are broad brush, the property can be interpreted to be within the Low Density Urban designation. 2. The subject property is part of the Panaewa Houselots Subdivision approved in 1964, which consists of lots less than 3 acres in size and straddling both sides of Mamaki Street. 3. The neighboring Panaewa Agricultural Park Subdivision lots further to the south along Awa Street, approved in 1980, clearly falls within the IAL General Plan LUPAG map designated area and consists of lots ranging in size from 10 to 20+ acres. 4. In 2007, a change of zone to Residential-Agricultural (RA-.5a) zoning district was approved for a parcel within the Panaewa Houselots Subdivision about 3 lots north of the subject property and situated within the LUPAG Low Density Urban designation. 5. The property is located in an area that has the appropriate infrastructure that could typically support a change of zone to Residential-Agricultural(RA) including utilities and access. Based on the above review, we can confirm that the GP LUPAG map designation for the property is Low Density Urban. This determination is made not by simply looking at where the LUPAG Map lines roughly fall on the ground,but by carefully asses.3ing how lots in the area were established and the practical application of uses existing and foreseen in the area as supported by existing infrastructure. This determination largely lines up the LUPAG Map boundaries along the boundaries of the Panaewa Houselots Subdivision (Low Density Urban) and the Panaewa Agricultural Park Subdivision(Intensive Agricultural Lands) and the land uses anticipated within these two subdivisions created for distinct purposes. Should you have any questions,please feel free to contact Jeff Darrow at 961-8158. Sincerely, DUANE KANUHA Planning Director JWD/DSA:mad P:\wpwin60Ueff\Letters\Determination Letters'LFuke-GPDetermination-22056002.doc ZONING §25-5-44 Section 25-5-44. Minimum building site area. The minimum building site area in the RCX district shall be seven thousand five hundred square feet. (1996,Ord.No. 96-160,sec.2;ratified April 6, 1999.) Section 25-5-45. Minimum building site average width. Each building site in the RCX district shall have a minimum average width of sixty feet. (1996,Ord.No. 96-160,sec. 2;ratified April 6, 1999.) Section 25-5-46. Minimum yards. Minimum yards in the RCX district shall be as follows: (1) Front and rear yards:twenty feet; and (2) Side yards,eight feet for a one-story building,plus an additional two feet for each additional story. (1996,Ord.No. 96-160,sec. 2;ratified April 6, 1999.) Section 25-5-47. Landscaping. Landscaping shall be provided on a minimum of twenty percent of the total land area of any building site in the RCX district, except for lots containing only one single-family dwelling and accessory buildings. Parking areas shall not be included within the area required for landscaping on any building site. (1996,Ord.No.96-160,sec. 2;ratified April 6, 1999;Am. 2005,Ord. No.05-155, sec. 6.) Section 25-5-48. Commercial use restrictions. (a) Where commercial uses are integrated with residential uses in the RCX district, pedestrian access to the dwelling shall be independent from other uses and shall be designed to enhance privacy for residents. (b) No floor of any building in the RCX district shall be used for both dwelling and commercial purposes. (1996,Ord.No.96-160,sec.2;ratified April 6, 1999.) Section 25-5-49. Other regulations. (a) There may be more than one main building on any building site in the RCX district. (b) Distance between main buildings on the same building site in the RCX district shall be at least fifteen feet. (c) Plan approval shall be required for all new buildings and additions to existing buildings in the RCX district,except for construction of one single-family dwelling and any accessory buildings per lot. (d) Exceptions to the regulations for the RCX district regarding heights, building site areas, building site average widths and yards,may be approved by the commission within a planned unit development. (1996,Ord.No. 96-160,sec.2;ratified April 6, 1999;Am.2005,Ord.No.05-155, sec. 7;Am. 2015,Ord. No. 15-33,sec. 4.) Division 5.RA,Residential and Agricultural Districts. Section 25-5-50. Purpose and applicability. The RA (residential and agricultural) district provides for activities or uses characterized by low density residential lots in rural areas where "city-like" concentrations of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with low density residential lots. The RA district is intended to be only within areas designated as being in the State land use rural or urban districts. (1996,Ord.No. 96-160,sec. 2; ratified and amended April 6, 1999.) Planning Dept. Exhibit.Z 25-55 UNOFFICIAL ADVANCE SHEET-Contains sec(s).affected since publication of Supp. 19(1-2015) Official revision to be published in 2015 Edition of Code. § 25-5-51 HAWAII COUNTY CODE Section 25-5-51. Designation of RA districts. Each RA(residential and agricultural)district shall be designated on the zoning map by the symbol"RA" followed by a number and the lower case letter"a"which indicates the required or minimum number of acres for each building site. For example RA-1 a means a residential agricultural district with a minimum building site area of one acre. (1996,Ord.No. 96-160, sec. 2;ratified April 6, 1999.) Section 25-5-52. Permitted uses. (a) The following uses shall be permitted in the RA district: (1) Adult day care homes. (2) Agricultural products processing, minor, provided that the site or buildings used for such processing,shall be located at least seventy-five feet from any street bounding the building site. (3) Agricultural tourism as permitted under section 25-4-15. (4) Animal hospitals. (5) Aquaculture. (6) Botanical gardens, nurseries and greenhouses, seed farms, plant experimental stations, arboretums, floriculture, and similar uses dealing with the growing of plants. (7) Cemeteries and mausoleums,as permitted under chapter 6, article 1 of this Code. (8) Crop production. (9) Dwelling,single-family,one per building site. (10) Family child care homes. (11) Group living facilities. (12) Kennels, provided that the building site is a minimum of five acres in area and the structures are located at least one hundred feet away from any lot line. (13) Livestock production(excluding pigs),provided that: (A) The requirements of the department of health are met; (B) Approval of the director is obtained;and (C) Any feed or water area, salt lick, corral, run, barn, shed, stable, house, hutch, or other enclosure for the keeping of any permitted animal shall be located at least seventy-five feet from any lot line. (14) Parks, playgrounds, tennis courts, swimming pools, and other similar open area recreational facilities. (15) Public uses and structures,as permitted under section 25-4-11. (16) Roadside stands for the sale of agricultural products grown on the premises. (17) Stables, commercial or boarding, provided that the building site is a minimum of five acres in area and the structures are located at least one hundred feet away from any lot line. (18) Utility substations,as permitted under section 25-4-11. (19) Veterinary establishments. (b) The following uses may be permitted in the RA district,provided that a use permit is issued for each use: (1) Golf courses and related golf course uses, including golf driving ranges,golf maintenance buildings and golf club houses, 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 RA district, provided that if a building site is located within the State land use rural district, the following uses may be permitted if a special permit is obtained for such use: (1) Bed and breakfast establishments, as permitted under section 25-4-7. (2) Community buildings,as permitted under section 25-4-11. (3) Country clubs, tennis clubs and other similar recreational facilities which include buildings or indoor recreational features. SUPP. 18 (7-2014) 25-56 ZONING §25-5-52 (4) Drive-in theaters. (5) Guest ranches. (6) Home occupations,as permitted under section 25-4-13. (7) Lodges. (8) Meeting facilities. (9) Model homes,as permitted under section 25-4-8. (10) Temporary real estate offices,as permitted under section 25-4-8. (11) Uses, other than those specifically listed in this section, which meet the standards for a special permit under chapter 205,Hawai`i Revised Statutes. (d) The following uses may be permitted in the RA district, provided that either a use permit is issued for each use if the building site is within the State land use urban district or a special permit is issued for each use if the building site is within the State land use rural district: (1) Bed and breakfast establishments,as permitted under section 25-4-7. (2) Crematoriums, funeral homes,funeral services,and mortuaries. (3) Churches,temples and synagogues. (4) Day care centers. (5) Hospitals,sanitariums,old age,convalescent,nursing and rest homes. (6) Major outdoor amusement and recreation facilities, includes stadiums, sports arenas, and other similar open air recreational uses. (7) Schools. (8) Yacht harbors and boating facilities. (e) Buildings and uses accessory to the uses permitted in this section shall also be permitted in the RA district. (1996,Ord.No. 96-160,sec. 2;ratified April 6, 1999;Am.2008,Ord.No. 08-155, sec. 11;Am. 2010, Ord. No. 10-17,sec. 4;Am. 2012, Ord.No. 12-28, sec. 7;Ord.No. 12-124,sec. 6;Am. 2014,Ord.No. 14-86, sec. 7.) Section 25-5-53. Height limit. The height limit in the RA district shall be thirty-five feet. (1996,Ord.No. 96-160, sec. 2;ratified April 6, 1999.) Section 25-5-54. Minimum building site area. The minimum building site area in the RA district shall be one-half acre. RA districts having larger areas may be designated in increments of one-half acre up to a recommended maximum of three acres. The recommended maximum does not specify an absolute upper limit for any building site in the RA district. (1996,Ord.No. 96-160,sec. 2;ratified April 6, 1999.) Section 25-5-55. Minimum building site average width. Each building site in the RA district shall have a minimum average width of one hundred feet for the first one-half acre of required area,plus twenty feet for each additional one-half acre of required area;provided that no building site shall be required to have an average width greater than three hundred feet. (1996,Ord.No.96-160,sec. 2;ratified April 6, 1999.) Section 25-5-56. Minimum yards. Minimum yards in the RA district shall be as follows: (1) Front and rear yards,twenty-five feet;and (2) Side yards, fifteen feet. (1996,Ord.No. 96-160, sec. 2;ratified April 6, 1999.) 25-57 SUPP. 18 (7-2014) § 25-5-57 IIAWAI`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 Iess 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-1a 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. ?MS SEP 17 Pi1 S8 DEPARTMENT OF PUBLIC WORK§a`A , _ COUNTY OF HAWAII : %' ; ' 'TENT Ji r' Li- HAWAII li HILO, HAWAII DATE: September 17, 2015 Neifteitsalidafit TO: Duane Kanuha, Planning Director FROM: Department of p Public Works, Engineering Division SUBJECT: STATE LAND USE BOUNDARY AMENDMENT (SLU 15-000043) CHANGE OF ZONE APPLICATION (REZ 15-000194) Applicant: Minoru, Jr. and Katherine Takehiro Request: A-3a to RA-.5a Tax Map Key: 2-2-56: 002 We have reviewed the subject application forwarded by your memo dated August 19, 2015 and offer the following comments for your consideration. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500-year floodplain. The Zoning Map classifies Makalika and Awa Streets as collectors with existing right-of- way widths of 80 feet and 50 feet, respectfully (fronting the subject parcel). Questions may be referred to Kelly Gomes at ext. 8327. Planning De Pi ExhibiL3 County of Hawaii is an Eouat C)nnnrtunlly Prnviripr and FinnlnvPr ,�F WATER s�=z • t''� GAS� £19 X93 y /p P,,; DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII ryo ? 345 KEKUANAO`A STREET, SUITE 20 • HILO, HAWAII 96720 TELEPHONE (808) 961-8050 • FAX (808) 961-8657 September 30, 2015 w G C : -I TO: Mr. Duane Kanuha,Director Planning Department C 3 FROM: Keith K. Okamoto,Manager—Chief Engineer Drn_ SUBJECT: CHANGE OF ZONE APPLICATION (REZ-15-000194) z-i APPLICANT—MINORU,JR.,AND KATHERINE TAKEHIRO REQUEST: A-3a TO FA-0.5a TAX MAP KEY 2-2-056:002 We have reviewed the subject application and have the following comments and conditions. Please be informed that the subject parcel is currently served by a 1 1/2-inch meter (Account No. 130-89980) and allotted five (5)equivalent units of water. For your information, one (1) unit of water is equal to an average daily usage of 400 gallons, which is suitable for only one (1) single-family dwelling. There is an existing 8-inch waterline along Mamaki Street and an existing 12-inch waterline along Awa Street. If the applicant intends to assign one(1)unit of water to each lot, final subdivision approval is subject to compliance with the following conditions: 42) 1. Construct necessary water system improvements,which shall include, but not be limited to: � m a. service laterals that will accommodate a 5/8-inch meter to front each lot that it will .0 t C •— serve, .,C b. cut and plug the existing service lateral to the 1 1/2 inch meter currently serving the O.. W property, 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. Submit construction plans, prepared by a professional engineer licensed in SCE�.NNI for review and approval. x� 101209 . . .`Riater, Our Most Precious Resource . . . a Wai Kane . . 111-""""-* The Department of Water Supply is an Equal Opportunity provider and employer. Mr. Duane Kanuha, Director Page 2 September 30, 2015 2. Submit the appropriate documents,properly prepared and executed, to convey the subdivision water system improvements and necessary easements to the Water Board of the County of 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. Troy Samura of our Water Resources and Planning Branch at 961-8070, extension 255. Sincerely yours, Keith K. Okamoto, P. Manager-Chief Engineer TS:dfg copy— Mr. Sidney M. Fuke, Planning Consultant sir Oi William P.Kenoi *i6' "! �'4K i"S SEP 1 rim 2Bathead Todd Mayor =- "t r- Director ,1.:•m•:RAN: fi 1' -, 'f,C-T T JlE' Walter K.M.Lau '°f'N�� COUN i'1` OF HA,y .Medeiros Managing Director ty Director (gaunt r of 4rtivail DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanao`a Street,Suite 41 • Hilo,Hawaii 96720 (808)961-8083 •Fax(808)961-8086 hgp:!!wwri°.hmrai county.aov/environmental-management! MEMORANDUM Date : August 24, 2015 To : DUANE KANUHA,Planning Director From: BJ LEITHEAD TODD,Director gill Subject: State Land Use Boundary Amendment(SLU 15-000043) Request: Agricultural to Urban Change of Zone Application(REZ 15-000194) Request: A-3a to RA-.5a Applicant: Minoru,Jr.and Katherine Takehiro TMK:2-2-056:002 The Solid Waste Division has reviewed the subject application and offers the following recommendations (Please note Wastewater Division's comments will submitted separately): DEPARTMENT COMMENTS: ( ) Wastewater Division had no comment as this area is not a sewered and there are no immediate plans for sewering of the area. ( ) Other SOLID WASTE COMMENTS: (Contact Solid Waste Division for details.) (X) No comments ( ) Commercial operations, State and Federal agencies,religious entities and non-profit 4.. organizations may not use transfer stations for disposal. ( ) Aggregates and any other construction/demolition waste should be responsibly reused to Q* its fullest extent. ( ) Ample and equal room should be provided for rubbish and recycling. ( ) Green waste may be transported to the green waste sites located at the Kailua and Hilo transfer •.. stations, or other suitable diversion programs. s C ( ) Construction and demolition waste is prohibited at all County Transfer Stations. . W ( ) Submit Solid Waste Management Plan in accordance with attached guidelines. ( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. ( ) Other: _ SEP 1 5 2015 1 ., 100877 .- _. County of Hawaii is an Equal Opportunity Provider and Employer. 1 •-•:!ice', ; /• BJ Leithead Todd William P.Kenoi :��. ` ;: Director Mayor •\ • _ ... -•..',. Walter K.M.Lau • •• of 61,417- John A.Medeiros Managing Director • Deputy Director &Mit of . DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekfianaa`a,Suite 41 • Hilo,Hawaii 96720 (808)961-8083 •Fax(808)961-8086 http:/ihawalicount Dov!environmental-management/ MEMORANDUM Date : August 24,2015 To : DUANE KANUHA,Planning Director From: BJ LEI'1III AD TODD,Director t✓,- Subject: State Land Use Boundary Amendment(SLU 15-000043) Request:Agricultural to Urban Change of Zone Application(REZ 15-000194) Request: A-3a to RA-.5a Applicant:Minoru,Jr.and Katherine Takehiro TMK:2-2-056:002 The Wastewater Division has reviewed the subject application and offers the following recommendations (please note Solid Waste Division comments will be submitted separately): DEPARTMENT COMMENTS: WASTEWATER COMMENTS: (Contact Wastewater Division for details.) ( ) No comments ( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawai'i County Code. ( ) Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawaii County Code.Complete Sewer Extension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawai'i County Code. ( ) Check or line out as applicable: [ I If required by the Director of the Department of Environmental Management("Director of DEM"), [ I applicant shall conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. Applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require,which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief for details. ( X ) Other: The property is currently connected to the County Sewer System County of Hawai`i is an Equal Opportunity Provider and Employer. William P.Kenoi 4oJ`:ty o:„ '; t y i:"1 . ,� < Y F) Mayor , ' ���;� Harry S.Kubojiri.•`.,� i. */ Police Chief Paul K.Ferreira Deputy Police Chief County of Hawai'i POLICE DEPARTMENT 349 Kapi'olani Street • Hilo,Hawaii 96720-3998 (808)935-3311 • Fax(808)961-2389 August 26, 2015 TO : DUANE NUHA P \‘' NNING DIRECTOR FROM : Hh RY VA E. -. ASSISTANT POLICE CHIEF ARA PERATIO SUBJECT: STATE LAND USE BOUNDARY AMENDMENT (SLU 15-000043) REQUEST: AGRICULTURAL TO URBAN CHANGE OF ZONE APPLICATION (REZ 15-000194) REQUEST: A-3A TO RA-5A APPLICANT: MINORU, JR. AND KATHERINE TAKEHIRO TAX MAP KEY: 2-2-056:002 Staff, upon reviewing the provided documents, does not anticipate any significant impact to traffic and/or public safety concerns. Thank you for allowing us the opportunity to comment. If you have any questions, please contact Captain Richard Sherlock, Hilo Patrol, at 961-2214 RS:IIi 150553 Planning Dept. Exhibit____6—____ A13azZ{;r. r , 10060 = "Hawai'i County is an Equal Opportunity Provider and Employer t ''- "•��F'"' • Darren J. Rosario William P. Kenoi o`?•c `�.� Mayor - •T:,f '_ Fire Chief � ;XF 2 D� 93 Renwick J.Victorino ►4 .o!f.P'P� i i l �� Deputy Fire Chief �.. � ;TP:IENT �vU;v i t 1 HAWAII Qountp of atuat` I HAWAII FIRE DEPARTMENT 25 Aupuni Street•Suite 2501•Hilo,Hawaii 96720 (808)932-2900•Fax(808)932-2928 August 27,2015 TO: DUANE KANUHA, PLANNING DIRECTOR FROM: DARREN J. ROSARIO,FIRE CHIEF SUBJECT: State Land Use Boundary Amendment(SLU 15-000043) Request: Agricultural to Urban Change of Zone Application(REZ 15-000194) Request: A-3a to RA-.5a Applicant: Minoru,Jr. and Katherine Takehiro Tax Map Key: 2-2-056:002 In regards to the above-mentioned State Land Use Boundary Amendment and 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 Hawaii amendments. County amendments are identified with a preceding "C--" of the reference code. Chapter 18 Fire Department Access and Water Supply 18.1 General. Fire department access and water supplies shall comply with this chapter. For occupancies of an especially hazardous nature, or where special hazards exist in addition to the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, or areas where there is an inadequate fire flow, or inadequate fire hydrant spacing, and the AI-IJ 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. pWq„ Planning t• ��� Exhibit � AUG 3 � 2��:� �FF .,_��- F Duane Kanuha August 27, 2015 Page 2 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. 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. Duane Kanuha August 27,2015 Page 3 18.2.3.1.3* When not more than two one- and two-family dwellings or private garages, carports, sheds, agricultural buildings, and detached buildings or structures 400ft (37 m2) or less are present,the requirements of 18.2.3.1 through 18.2.3.2.1 shall be permitted to be modified by the AHJ. 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. Duane Kanuha August 27,2015 Page 4 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. 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. Duane Kanuha August 27,2015 Page 5 18.2.3.4.6.3 Fire department access roads connecting to roadways shall be provided with curb cuts extending at least 2 ft(0.61 m) beyond each edge of the fire lane. 18.2.3.4.7 Traffic Calming Devices. The design and use of traffic calming devices shall be approved the AHJ. 18.2.3.5 Marking of Fire Apparatus Access Road. 18.2.3.5.1 Where required by the AHJ, approved signs or other approved notices shall be provided and maintained to identify fire department access roads or to prohibit the obstruction thereof of both. 18.2.3.5.2 A marked fire apparatus access road shall also be known as a fire lane. 18.2.4* Obstruction and Control of Fire Department Access Road. 18.2.4.1 General. 18.2.4.1.1 The required width of a fire department access road shall not be obstructed in any manner, including by the parking of vehicles. 18.2.4.1.2 Minimum required widths and clearances established under 18.2.3.4 shall be maintained at all times. 18.2.4.1.3* Facilities and structures shall be maintained in a manner that does not impair or impede accessibility for fire department operations. 18.2.4.1.4 Entrances to fire departments access roads that have been closed with gates and barriers in accordance with 18.2.4.2.1 shall not be obstructed by parked vehicles. 18.2.4.2 Closure of Accessways. 18.2.4.2.1 The AHJ shall be authorized to require the installation and maintenance of gates or other approved barricades across roads, trails, or other accessways not including public streets, alleys, or highways. 18.2.4.2.2 Where required, gates and barricades shall be secured in an approved manner. 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. Duane Kanuha August 27,2015 Page 6 18.2.4.2.4 Public officers acting within their scope of duty shall be permitted to access restricted property identified in 18.2.4.2.1. 18.2.4.2.5 Locks, gates, doors,barricades, chains, enclosures, signs,tags, or seals that have been installed by the fire department or by its order or under its control shall not be removed, unlocked, destroyed,tampered with, or otherwise vandalized in any manner. 18.3 Water Supplies and Fire Hydrants 18.3.1* A water supply approved by the county, capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facilities or buildings, or portions thereof, are hereafter constructed, or moved into or within the county. When any portion of the facility or building is in excess of 150 feet(45 720 mm) from a water supply on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on- site fire hydrants and mains capable of supplying the required fire flow shall be provided when required by the AHJ. For on-site fire hydrant requirements see section 18.3.3. EXCEPTIONS: 1. When facilities or buildings, or portions thereof, are completely protected with an approved automatic fire sprinkler system the provisions of section 18.3.1 may be modified by the AHJ. 2. When water supply requirements cannot be installed due to topography or other conditions,the AHJ may require additional fire protection as specified in section 18.3.2 as amended in the code. 3. When there are not more than two dwellings, or two private garage, carports, sheds and agricultural. Occupancies, the requirements of section 18.3.1 may be modified by AHJ. 18.3.2* Where no adequate or reliable water distribution system exists, approved reservoirs, pressure tanks, elevated tanks, fire department tanker shuttles, or other approved systems capable of providing the required fire flow shall be permitted. 18.3.3* The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on a fire apparatus access road on the site of the premises or both, in accordance with the appropriate county water requirements. 18.3.4 Fire Hydrants and connections to other approved water supplies shall be accessible to the fire department. 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. Duane Kanuha August 27,2015 Page 7 18.3.6 Where required by the AHJ, fire hydrants subject to vehicular damage shall be protected unless located within a public right of way. 18.3.7 The AHJ shall be notified whenever any fire hydrant is placed out of service or returned to service. Owners of private property required to have hydrants shall maintain hydrant records of approval,testing, and maintenance, in accordance with the respective county water requirements. Records shall be made available for review by the AHJ upon request. C- 18.3.8 Minimum water supply for buildings that do not meet the minimum County water standards: Buildings up to 2000 square feet, shall have a minimum of 3,000 gallons of water available for Firefighting. Buildings 2001- 3000 square feet, shall have a minimum of 6,000 gallons of water available for Firefighting. Buildings, 3001- 6000 square feet, shall have a minimum of 12,000 gallons of water available for Firefighting. Buildings, greater than 6000 square feet, shall meet the minimum County water and fire flow requirements. Multiple story buildings shall multiply the square feet by the amount of stories when determining the minimum water supply. Commercial buildings requiring a minimum fire flow of 2000gpm per the Department of Water standards shall double the minimum water supply reserved for firefighting. Fire Department Connections (FDC)to alternative water supplies shall comply with 18.3.8 (1)- (6) of this code. NOTE: In that water catchment systems are being used as a means of water supply for firefighting,such systems shall meet the following requirements: 1) In that a single water tank is used for both domestic and firefighting water, the water for domestic use shall not be capable of being drawn from the water reserved for firefighting; Duane Kanuha August 27,2015 Page 8 2) Minimum pipe diameter sizes from the water supply to the Fire Department Connection (FDC) shall be as follows: a) 4" for C900 PVC pipe; b) 4" for C906 PE pipe; c) 3"for ductile Iron; d) 3' for galvanized steel. 3) The Fire Department Connection (FDC) shall: a) be made of galvanized steel; b) have a gated valve with 2-1/2 inch, National Standard Thread male fitting and cap; c) be located between 8 ft and 16 ft from the Fire department access. The location shall be approved by the AHJ; d) not be located less than 24 inches, and no higher than 36 inches from finish grade, as measured from the center of the FDC orifice; e) be secure and capable of withstanding drafting operations. Engineered stamped plans may be required; f) not be located more than 150 feet of the most remote part, but not less than 20 feet, of the structure being protected; g) also comply with section 13.1.3 and 18.2.3.4.6.1 of this code. 4) Commercial buildings requiring a fire flow of 2000gpm shall be provided with a second FDC. Each FDC shall be independent of each other,with each FDC being capable of flowing 500gpm by engineered design standards. The second FDC shall be located in an area approved by the AHJ with the idea of multiple Fire apparatus'conducting drafting operations at once, in mind. 5) Inspection and maintenance shall be in accordance to NFPA 25. 6) The owner or lessee of the property shall be responsible for maintaining the water level, quality, and appurtenances of the system. EXCEPTIONS TO SECTION 18.3.8: 1) Agricultural buildings, storage sheds, and shade houses with no combustible or equipment storage. 2) Buildings less than 800 square feet in size that meets the minimum Fire Department Access Road requirements. Duane Kanuha August 27,2015 Page 9 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. 5) For buildings with an approved automatic sprinkler system, the minimum water supply required may be modified. If there are any questions regarding these requirements, please contact the Fire Prevention Bureau at(808) 932-2911. DARREN J. ROSARIO Fire Chief CB:ds • • DAVID Y.ICE '4 E- t,;�; F l" 1 Cl Dm, 9I D.CASE GOVERNOR OF HAWAII % P• y, L SUZA f al r\ .tom CHAIRPERSON PRPERRSONSON BOARD 06 LAND AND NATURAL RESOURCES ( 15er A''')' COMMISSION ON WATER RESOURCE tD N i j,•t * i .,� -/' SIANACEMENT °t an `lai .t � 'NIT u HAWAII >.� STATE OF HAWAII **ate oftizatDEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOLUL1 1.HAWAII 96R09 September 15, 2015 County of Hawaii Planning Department Attention: Mr. Jeff Darrow via email: jdarrowca co.hawaii.hi.us 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Darrow: SUBJECT: State Land Use Boundary Amendment (SLU 15-000043); Request: Agricultural to Urban; Change of Zone Application (REZ 15-000194); Request: A-3a to RA-5a Applicant: Minoru, Jr. and Katherine Takehiro Thank you for the opportunity to review and comment on the subject matter. The Department of Land and Natural Resources' (DLNR) Land Division distributed or made available a copy of your report pertaining to the subject matter to DLNR Divisions for their review and comments. At this time, enclosed are comments from the (a) Engineering Division and (b) Land Division—Hawaii District on the subject matter. Should you have any questions,please feel free to call Lydia Morikawa at 587-0410. Thank you. Sincerely, Russell Y. Tsuji Land Administrator Enclosure(s) cc: Central Files Planning gpt. Exhibit 10005 " DAVID Y.IGE CP :t' i>.4:1\ . GOVERNOR OF HAWAII /0 .s.:;h; SUZANNE D.CASE 1:>j.p: CHAIRPERSON (,- }, BOARD OF LAND AND NATURAL RESOURCES '%_-•._CE"([A% COM.AUSSION ON WATER RESOURCE MANAGE/ENI 46. of d ana Na !!lew STATE OF HAWAII ' NIa DEPARTMENT OF LAND AND NATURAL RESOURCES �` LAND DIVISICiN \>„c-� POST OFFICE BOX 621 rr State of NaV al HONOLULU,HAWAII 96809 C.3 August 24,2015 iwn I MEMORANDUM i ff'! .i DLNR Agencies: s Div. _ of Aquatic Resources gi _Div. of Boating&Ocean Recreation XEngineering Division _Div. of Forestry&Wildlife • _Div. of State Parks _Commission on Water Resource Management _Office of Conservation& Coastal Lands X Land Division—Hawaii District X Historic Preservation 11. p(OM: k1 Russell Y. Tsuji,Land Administrator s. SUBJECT: ' State Land Use Boundary Amendment (SLU 15-000043); Request: Agricultural to Urban; Change of Zone Application (REZ 15-000194); Request: A-3a to RA-.5a LOCATION: South Hilo,Hawaii,TMK: (3)2-2-056:002 APPLICANT: Minoru,Jr. and Katherine Takehiro 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 September 14,2015. 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. ( ✓'f Commes are 5-atttched.n, ,....„-, Signed: ._j--)--/ /, (; . Print name:/ C,arty S. Chang, Chief Engineer Date: `7/r?`/// `)- cc: Central Files DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LD/Russell Y.Tsuji REF:State Land Use Boundary Amendment/Change of Zone Application to Subdivide 2.6 Acre Property into 4 Lots,South Hilo Hawaii.049 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 ing :ra at 587-0257. Signed: ij4 CA9.. CH ,�+,CHIEF ENGINEER Date: y� ' �'" State of Hawaii :`*+ E FLOOD HAZARD ASSESSMENT REPORT WP11--1 '`.\ y y` t y� 1 1 vi •, - 1 _ _.--'� yy fr - y \y} t`- * \ \ %---\---:V--\- \ \ Ir ......k--,VA--;;;Ir\ Is-------"-V. .- \__,A---'2----- ''\k-- ___,_48,11.014;.-----z*r- \. S \----- -1:,:i....1. �,�' l ' -�;� ___\,,A--�' i .� ,4 'yt ___ PA�i�L N T P F�' -TE _---- (AREAALL-1N ' ,.____---1.,..,...-..z---'_ Z E?� Lra�, ` �,X44 1.--__,--_-_____\.T.,.„,, _ -. \ _......:,-4:.--• - y L 5 7 w , r L1 \ =1 1 ti 1� '1 ti ti ^til ` � -..M-- ii y 1 >`r,. `t -,,,•-:'''' 5 q�'ty` ,,' , yt y_, gts`r sN Y ` wily Y`` \ "y 'S :,1 '' �. ........„-- - . ,, .. ,,,. -., ;. S , ki,f , 111` r' `5 ,..... ....„ ......c.: -,,, ,s.?„$., oy,.. „. ,_-_,.. y ......::_____;:-...y...ii, .1 �,,� try .,. l� fGj�}p~ 155{S r� r ` � f •t ,.t � ,�. 4� `; / •\ - tty Vt ty fr ,ae i ,,.,4&..r Y',3..1, ,. ..fl' .,,,4.�,,. :. ” x +Mk v is . �- FLOOD ZONE DEFINITIONS PROPERTY INFORMATION SPECIAL FLOOD HAZARD AREAS SUBJECT TO INUNDATION BY THE 1%ANNUAL COUNTY: HAWAII CHANCE FLOOD—The 1%annual chance flood(100-year flood),also known as the base TMK NO: (3)2-2-056-002 flood,is the flood that has a 1%chance of being equaled or exceeded in any given year. PARCEL ADDRESS: 620 AWA STREET The Special Flood Hazard is the area subject to flooding by the 1%annual chance flood. HILO,HI 96720 Areas of Special Flood Hazard include Zone A,AE,AH,AO,V,and VE. The Base Flood FIRM INDEX DATE: APRIL 02,2004 Elevation(BFE)is the water-surface elevation of the 1%annual chance flood. Mandatory LETTER OF MAP CHANGE(S): NONE flood insurance purchase applies in these zones: FEMA FIRM PANEL(S): 1551660895C Zone A: No BFE determined. PANEL EFFECTIVE DATE: PANEL NOT PRINTED ® Zone AE: BFE determined. ■Zone AH: Flood depths of 1 to 3 feet(usually areas of ponding);BFE determined. Zone AO: Flood depths of 1 to 3 feet(usually sheet flow on sloping terrain); average depths determined. 1111 Zone V: Coastal flood zone with velocity hazard(wave action);no BFE determined. PARCEL DATA FROM: JUNE 2013 III Zone VE: Coastal flood zone with velocity hazard(wave action);BFE determined. IMAGERY DATA FROM: MAY 2005 •Zone AEF: Floodway areas in Zone AE. The floodway is the channel of stream IMPORTANT PHONE LIMBERS plus any adjacent floodplain areas that must be kept free of encroachment so that the 1%annual chance flood can be carried without increasing the BFE. County NFIP Coordinator NON-SPECIAL FLOOD HAZARD AREA—An area in a low-to-moderate risk flood zone. County of Hawaii No mandatory flood insurance purchase requirements apply,but coverage is available in Carter Romero,P.E.,CFM (808)961-8943 participating communities. State NFIP Coordinator 0 o Carol Tyau-Beam,P.E.,CFM (808)587-0267 III Zone XS(Xshaded): Areas of 0.2%annual chance flood;areas of 1%annual chance flood with average depths of less than 1 foot or with drainage areas less e e than 1 square mile;and areas protected by levees from 1%annual chance flood. -t` ,.t';rF.< sp;,»< 4., sig-: r^cf r.,;; Li Zone X: Areas determined to be outside the 0.2%annual chance floodplain. P a-, Ff., P .,,. ,;,,,, 0;e.0.-:.,1-6:,;, OTHER FLOOD AREAS ,, „, , . e .ia:2- } ..:. r;: ;n b io; F ir_-t,, rao,,Il :,/` f,e.--;-, Zone D: Unstudied areas where flood hazards are undetermined,but flooding is 7 , possible. No mandatory flood insurance purchase requirements apply,but coverage .:,. . ,; .,,,;s t- 7e vf;et . -. e,. . , it ,. , , is available in participating communities. ,:,..07,:' ATL7e,:';,, •,.os. :;r ,-LI, r2rr01, . ."4 ,-4.1t,q --..lar= r.y:::,-roe !a .,er+ , -. EOF N DAVID Y.IGE ,i `5- `°° ': SUZANNECCAS GOVERNOR OF HAWAII ���� CHAIRPERSON I A lid:lel;r HOARD OF LAND AND NATO AL RESOURCES �-;, � - COMMISSION ON WATER RESOURCE MANAOEMINf r 0„and and Nato, m0106.rr � .�� STATE OF HAWAII �' u, cb __ DEPARTMENT OF LAND AND NATURAL RELOURCES LAND DIVISION x'—; POST OFFICE BOX 621 :rata ofNa O HONOLULU,HAWAII 96809 August 24,2015 MEMORANDUM TO: DLNR Agencies: _Div. of Aquatic Resources _Div. of Boating&Ocean Recreation X Engineering Division Div. of Forestry&Wildlife Div. of State Parks _Commission on Water Resource Management _Office of Conservation&Coastal Lands X Land Division—Hawaii District X Historic Preservation FROM: /^1 Russell Y. Tsuji, Land Administrator t/.1 SUBJECT: State Land Use Boundary Amendment (SLU 15-000043); Request: Agricultural to Urban; Change of Zone Application (REZ 15-000194); Request: A-3a to RA-.5a LOCATION: South Hilo,Hawaii,TMK: (3)2-2-056:002 APPLICANT: Minoru,Jr. and Katherine Takehiro 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 Septeniber 14,2015. If no response is received by this date, we will assume your agency has no comments. If you have any questions about this request,please contact Kevin Moore at 587-0426. Thank you. ( ),_,...-We have no objections. ( We have no comments. ( ) Comments are attached. Signed: Print name: (cc.;,,e f ,/,),,t„,, C_ A?..::.! Date: -'' 7. , /> cc: Central Files ••;w SUZANNE D.CASE DAVID Y.ICE t$ Oa x,;,. BOARD OF LAND RESOURCES GOVERNOR OF HAWAII .` �96D• COMMISSION ON WATER RESOURCE MANAGEMENT KEKOA KALUIDWA FIRST DEPUTY -`P • 1 La__:•I JEFFREY T.PETERSON •' ,r DEPUIYCIRECTOR.WATER �;�•-..�'. AQUATIC RESOURCES it.444, • BOAS CONSEYANCES COMAGSSION ONCONSERVATION RESOURCE MANAGEMENT NANDCOASTAL LANDS CONSERVATION AND RESOURCES ENFORCEMENT STATE OF HAWAII FORESTRYENGINEERING State dNa+40 DEPARTMENT OF LAND AND NATURAL RESOURCES KwRoou"wE V LAND STATE HISTORIC PRESERVATION DIVISION STATE PARKS KAKUHIHEWA BUILDING 601 KAMOKILA BLVD,STE 555 KAPOLEI,HAWAII 96707 October 9,2015 Duane Kanuha,Planning Director LOG NO:2015.03212 County of Hawaii DOC NO: 1510SNO9 101 Pauahi Street Suite 3 Archaeology Hilo,HI 96720 (planningt ).hawaiicounty.gov) Attn.Jeff Darrow Aloha Mr.Kanuha: SUBJECT: Chapter 6E-42 Historic Preservation Review— County of Hawaii Change in Zoning for Minoru,Jr.and Katherine Takehiro Wailkea Ahupua`a,South Hilo District,Island of Hawaii TMK:(3)2-2-056:002 Thank you for the opportunity to review this application that was received by our office on August 24, 2014. We apologize for the delay and appreciate your patience. The application indicates the landowner plans to change the zoning of the aforementioned parcel from Agricultural (A-3a) to Rural-Agricultural (RA-5a) district in order to subdivide the 2.6-acre parcel into three 0.5-acre parcels and one roughly 1+-acre parcel for the purposes of family estate planning for the future. A review of our records indicates that no archaeological inventory survey (AIS) has been conducted and that no historic properties have been identified for this project area. Aerial photos confirm that the project area has been used as an orchid and macadamia farm. No structures are present that are 50 years or older. Based on its current condition it is unlikely that any surface historic properties are present on the parcel. SHPD's determination is no historic properties affected for the proposed zone change. In the event that historic resources, including human skeletal remains, structural remains, sand deposits, midden deposits,lava tubes,or lava blisters/bubbles are identified during any future land alterations on these parcels,please cease work in the immediate vicinity of the find,protect the find from additional disturbance,and contact the State Historic Preservation Division at(808)933-7651. Please contact Sean Naleimaile at(808)933-7651 or at$ean.P.Naleimaile®Hawaii.gov if you have any questions or concerns regarding this letter. Aloha, St&&tx,v• LgAro Susan A.Lebo,PhD Archaeology Branch Chief cc. Minoru and Katherine Takehiro 620 Awa St. Hilo,HI 96720 Sidney Fuke(sidfuke@hawaiiantel.net) Planning ?pt. Exhibit, DAVID Y.IGE o H:. VIRGINIA PRESSLER,M.D. GOVERNOR OF HAWAII 005:-;;;;";" DIRECTOR OF HEALTH . �1 00 l <.,. = g nm y -r=fig{ ter' -`I MENT • y ✓ I1 'YY UE HAWAII STATE OF HAWAII DEPARTMENT OF HEALTH P.O.BOX 916 HILO,HAWAII 96721-0916 MEMORANDUM DATE: September 8, 2015 TO: Mr. Duane Kanuha Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief SUBJECT: State Land Use Boundary Amendment (SLU-15-000043) Request: Agricultural to Urban Change of Zone Application (REZ-15-000194) Request: A-3a to RA-.5a Applicant: Minoru, Jr. and Katherine Takehiro TMK: 2-2-056:002 Wastewater Branch found no wastewater/environmental health concerns with regulatory implications in the submittal. Ntmbn Inter WORD: REZ-15-000194.eh SC AN TvP Planning Dept. sEpil. 2 �k Exhibit, Rid. 10 0 8 0 < • SidneyFuke,;Ai Planning Consultant 100 Pauahi Street,Suite 212•Hilo,Hawaii 96720 9t!1C ��p r m •Planning•variance•Zoning Telephone:(808)969-1522•Cell:(808)989-0640 LUi5 ,� 9 •Subdivision•Land Use Permits E-mail:sidfuke@hawaiiantel.net •Environmental Reports PLAN .ij I, NIENT COUN1Y OF HAWAII September 21, 2015 Mr. Duane Kanuha,Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo,HI 96720 Dear Mr. Kanuha: Subject: Rezoning Application(REZ 15-000194) Minoru,Jr. and Katherine Takehiro TMK: 2-2-056: 002 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. Neither the State Department of Health nor the County Department of Environmental Management had any comments or objections to the request relative to wastewater or solid waste concerns. b. The County Police Department also had no comments or objections to the request and concluded that it did not "anticipate any significant impact to traffic and/or public safety concerns. " c. Relative to the County Fire Department, its requirements relative to fire flow and/or or related protective measures will be specifically addressed and complied with in conjunction with the subdivision process. It should be noted that there is a fire hydrant within 500 feet of the subject property. 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,n ' 1 SIDNEY . FUKE Planning Consultant Copy—Mr. Minoru Takehiro, Jr. via email Planning Dept. <h Exhibit SEP � � ��n��� - 101023 -- ale, . SidneyFuke, Planning Consultant 100 Pauahi Street,Suite 212•Hilo,Hawaii 96720n •Planning•Variance•Zoning Telephone:(808)969-1522•Cell:(808)989-0640 2315 OCT S om y t i O •Subdivision•Land Use Permits E-mail:sidfuke@hawaiiantel.net •Environmental Reports PLAN'i iNi'; ;TI*)! FITMENT October 6, 20O 201 Mr. r' OF HAWAII Mr. Duane Kanuha,Director Planning Department COUNTY OF HAWAI'I 101 Pauahi Street Hilo, HI 96720 Dear Mr. Kanuha: Subject: Rezoning Application(REZ 15-000194) Minoru,Jr.and Katherine Takehiro TMK: 2-2-056: 002 Thank you for providing me with a copy of additional agency comments to date regarding the subject application. In response to these comments, we provide the following: a. The State Department of Land and Natural Resources—Land Division,besides confirming the site's Zone X designation on the FIRM map,had no comments or objections to the request. b. Similarly,the County Department of Public Works confirmed the site's Zone X designation and the rights-of-way widths of Makalika and Awa Streets. c. Relative to the County Department of Water Supply, individual meters will be assigned to each of the proposed lots,as required by the DWS. Subsequent to their completion,the necessary documents conveying the improvements and any required easements will be submitted to the DWS for review and execution. 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, WI)00:V\I SIDNEY M. FUKE Planning Consultant Copy—Mr. Minoru Takehiro, Jr. via email ISCANNED1 B 10126. RTakehiroSLU.jwd-10-13-15 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION MINORU JR. AND KATHERINE TAKEHIRO STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 15-000043) Upon careful review of the request, the Planning Director is recommending that a favorable recommendation for the State Land Use Boundary Amendment application be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony,the Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicants are requesting a State Land Use Boundary Amendment from Agricultural to Urban and a Change of Zone from A-3a to RA-.5a to subdivide the 2.66-acre property into four residential and agricultural lots consisting of a minimum of 0.5-acre in size to convey to their children. The proposed 4-lot subdivision would consist of three(3) lots that are at least one-half(1/2) acre each. The fourth lot would consist of 1+acre and is where the applicants currently reside. In reviewing a district boundary amendment, consideration shall be given to the provisions set forth in Section 205-2, Hawai`i Revised Statutes, and the purpose of Chapter 28, Hawai`i County Code. Specifically, consideration shall be given to the following: A. How the granting of this request would promote the effectiveness and objectives of Chapter 205, Hawai`i Revised Statutes, as amended. Include discussion on how the proposed use is not contrary to Chapter 205A, Coastal Zone Management(existing public access, scenic or open space resources, coastal view planes and coastal ecosystems); B. The extent to which the proposed reclassification conforms to the applicable goals,policies, standards and courses of action of the General Plan and implementing ordinances,plans and documents; and Attachment to: Comm. 612 -1- Bill 127 C. The extent to which the proposed reclassification conforms to the applicable district standards. The approval of the reclassification from the State Land Use Agricultural to the Urban District for approximately 2.66 acres would promote the effectiveness and objectives of Chapter 205, Hawaii Revised Statutes, as amended and is not contrary to Chapter 205A,Coastal Zone Management(existing public access, scenic or open space resources, coastal view planes and coastal ecosystems). According to Chapter 205-2 of the Hawai`i Revised Statutes, as amended, there shall be four major land use districts in which all lands in the State shall be placed: urban, rural, agricultural, and conservation. The Land Use Commission shall group contiguous land areas suitable for inclusion in one of these four major districts. The Commission shall set standards for determining the boundaries of each district, provided that"in the establishment of boundaries of urban districts those lands that are now in urban use and a sufficient reserve area for foreseeable urban growth shall be included." The proposed request is situated in an area that is transitioning from agricultural to an urban growth area that has been identified on the General Plan's Land Use Pattern Allocation Guide(LUPAG)map for Low Density Urban uses. Additionally, the request is not contrary to Chapter 205A, Hawai`i Revised Statutes,relating to Coastal Zone Management Area. The property is not situated within the Special Management Area. It is located approximately 4.5 miles from the nearest coastline and therefore,will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources,historic resources,public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems,marine resources or other natural and environmental resources in the area. Thus, the proposed request and use of the property will not adversely impact those coastal resources. Because the property is developed, it is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject property, nor has the area been identified as a significant botanical or biological habitat. Presently, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of known valued cultural, historical or native resources in the area. Thus, it is -2- not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. The proposed reclassification conforms to the applicable goals, policies, standards and courses of action of the General Plan and implementing ordinances, plans and documents. The proposed request conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map which designates the area as Low Density Urban. The LUPAG Map component of the General Plan is a representation of the document's goals,policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The area under consideration is consistent with the urban form established for this area. The request conforms to the Land Use goals and policies of the General Plan. The approval of the proposed State Land Use boundary request would result in a 4-lot subdivision that the applicants intend to convey to their children, which would consist of three (3) lots that are at least one-half(1/2) acre each and one lot that would consist of 1+ acre where the applicants currently reside. There are currently has three dwellings constructed on the property. Additionally, according to the Hawai`i Land Use Commission Rules, one of the standards for considering an area for urban reclassification states that"In determining urban growth for the next ten years, or in amending the boundary, lands contiguous with existing urban areas shall be given more consideration than non-contiguous lands, and particularly when indicated for future urban use on State or County General Plans." The request conforms to this standard as it in an area of existing Urban-designated lands just to the north. The north area was reclassified into the Urban District during the 1969 Boundary Review. The proposed reclassification action would also complement the goals, objectives and/or policies articulated in the Hawaii State Plan by encouraging urban growth primarily near to existing urban areas where adequate public facilities are already available. The urban classification conforms to the standard that the development is within reasonable proximity to centers of trading and employment and to basic -3- services such as schools,police and fire protection,transportation systems and water. The property is located near commercial shopping centers, other residential developments and supporting public service facilities, and thereby conforms with the Land Use Commission Rules which encourages urban developments in close proximity to existing services and facilities. Access to the site is from East Mamaki Street and Awa Street. East Mamaki Street is a County road with a 20-foot wide pavement within an 80-foot wide right-of- way and 4-foot wide grass shoulders. Awa Street is a County road with a 20-foot wide pavement within a 50-foot wide right-of-way and 6-foot wide grass shoulders. Emergency services are available in Hilo and Kea'au. The three(3) existing dwellings currently have individual wastewater systems. A septic tank system will be installed meeting the approval of the Department of Health for the proposed vacant lot. All essential utilities and services are available to the property. The property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U.S. Corps of Engineers Flood Insurance Rate Map (FIRM) designates the property as Zone "X", areas outside the 500-year flood plain. The property is located approximately 4.5 miles from the coastline and is relatively level. There are no existing drainage ways or improvements in the vicinity of the property. All project generated runoff will be disposed of on-site, so as not to impact neighboring properties. Thus, the reclassification meets with the standard which states that the lands included within the urban district"... shall be those with satisfactory topography and drainage and reasonably free from the danger of floods, tsunami and unstable soil conditions and other adverse environmental effects." Urban Districts shall include lands characterized by"city-like" concentrations of people, structures, streets, urban level of services and other related land uses. Surrounding properties are zoned A-3a and includes a mix of single- family dwellings, agriculture uses, or vacant land. Panaewa Farm Lots l' Series approved under Subdivision No. 1091 on February 11, 1957, is located to the north of the subject site. This area was reclassified into the Urban District during the 1969 Boundary -4- Review. A similar rezoning from A-3a to RA-.5a(Ag to Urban) was approved on April 4, 2007 (Ordinance No. 07-39)just to the north of the subject property on the west side of Awa Street. The property is an approximately 2.666-acre rectangular shaped lot on the southwest corner of the Mamaki Street-Awa Street intersection. Additionally, there are three (3) existing dwellings (constructed in 1966, 1994 and 2002), several sheds, and several greenhouses on the property. The property is one of twenty-five lots approved under Subdivision No. 2083 (Panaewa Farm Lots 2nd Series) on February 19, 1964. Lastly, this area is identified for Low Density Urban uses on the General Plan Land Use Pattern Allocation Guide(LUPAG) Map. Thus, as urban uses already exist in the immediate area to the north, the urbanization of the subject property will not contribute towards scattered urban development and represents a reasonable urban transition of an area envisioned for urban growth by the County and supported by necessary public facilities and services. Based on the above, the approval of the State Land Use Boundary Amendment from Agricultural to the Urban District complements the State Land Use District Regulations and is supportive of the State of Hawai`i Plan and the General Plan. Therefore, the Planning Director recommends a favorable consideration of the State Land Use Boundary Amendment. The accompanying draft bill to amend the State Land Use Boundaries Map for the County of Hawai`i is included for your review and approval. -5- „,*?_i:,%;4;,.. COUNTY OF HAWAII : • AN * STATE OF HAWAI I BILL NO. ORDINANCE NO. N44,144 egP Pefr) AN ORDINANCE AMENDING THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY OF HAWAII, BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL DISTRICT TO THE URBAN DISTRICT AT PANA`EWA HOUSE LOTS, 2ND SERIES, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-056:002. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. The State Land Use Boundaries Maps for the County of Hawai`i are amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Pana`ewa House Lots rd Series,South Hilo,Hawai`i, shall be Urban: Beginning at the west corner of this lot, the north corner of Lot 11 of Pana`ewa House Lots, 2nd Series, and on the southeast side of Mamaki Street,the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALA`I” being 19,013.45 feet South and 14,575.44 feet East, as shown on Government Survey Registered Map HSS Plat 922-A,thence running by azimuths measured clockwise from True South: 1. 237° 41' 30" 245.66 feet along the southeast side of Mamaki Street; 2. Thence along the westerly side of Awa Street on a curve to the right having a radius of 50.00 feet,the chord azimuth and distance being 289° 20' 45" 78.43 feet; 3. 341° 00' 409.49 feet along the westerly side of Awa Street; 4. 57° 41' 30" 200.06 feet along Government Land; 5. 147° 41' 30" 460.00 feet along Lot 11 of Pana`ewa House Lots, 2"d Series, to the point of beginning and containing an area of 2.666 acres. All as shown on the map attached hereto,marked Exhibit "A" and by reference made a part hereof. SECTION 2. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 3. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -2- URBAN URBAN l.1%% .1 SS URBAN 10 URBAN LTURAL RBAN _________________ 10 URBAN0 1 ' &C./LI-URAL r O AGRICULTURAL *LTURAL AGRICUL AGRICU A,' 19013.46'5 14,575.44'E 111 "HALM" c,, AGRICULTU' \-t`P \-I'P (c AGRICULTURAL STUB:(3)2-2-056:002 AGRICULTURAL TO URBAN 2.666 ACRES N , CONSER- 'L VATION A. RICULTU'•L OF' AGRICULTURAL 7 i Feet 0 250 500 1,000 1,500 2,000 AMENDMENT TO THE STATE LAND USE BOUNDARIES MAPS AMENDING THE STATE LAND USE BOUNDARIES MAP FOR THE COUNTY OF HAWAI'I, BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL DISTRICT TO THE URBAN DISTRICT AT PANA'EWA HOUSELOTS, 2ND SERIES, SOUTH HILO, HAWAI'I MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TMK:(3)2-2-056:002 DATE:Aug 3,2015 EXHIBIT "A" Takehiro Map 15-191 RTakehi ro REZ.j wd-10-13-15 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION MINORU JR. AND KATHERINE TAKEHIRO CHANGE OF ZONE APPLICATION (REZ 15-000194) 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 request be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicants are requesting a Change of Zone from A-3a to RA-.5a to subdivide the 2.66-acre property into four lots consisting of a minimum of 0.5-acre in size to be conveyed to their children. The proposed 4-lot subdivision would consist of three(3) lots that are at least one-half(1/2) acre each. The fourth lot would consist of 1+ acre and is where the applicants currently reside. The applicant has submitted a concurrent request for a State Land Use District Boundary Amendment from an Agricultural to an Urban district. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The Change of Zone request from A-3a to RA-.5a will conform to, among others, the goals, policies and standards of the General Plan Land Use Element. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land use is one of the principal focal points of public concern and policy. The Attachment to: Comm. 612 -1- Bill 128 Land Use element provides the primary basis for direct control and guidance of publicly and privately owned resources. The request conforms to the policy of the Land Use element of the General Plan which state, "zone urban type uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities." 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 subject area is designated Low Density Urban. This designation includes residential, ancillary community and public uses, and neighborhood and convenience-type commercial uses. As areas that were once used for agriculture become more rural and urban in character there is a greater potential for conflicts and nuisance complaints arising from . residences being located next to farms and other agricultural operations. State law requires that for boundary amendments to the Rural or Urban districts where the lands are adjacent or contiguous to existing lands within the Agricultural district shall include notification to owners and prospective buyers that farming operations are protected from nuisance complaints under the Hawai`i Right to Farm Act. Surrounding properties are situated in the State Land Use Agricultural district, while lands to the north are in the Urban district. Thus, a condition of approval will be included to protect the agricultural activities on the adjacent properties from nuisance complaints. All utilities and services are available to the site. The property is located near commercial shopping centers, residential developments and public service facilities, which encourages urban developments in close proximity to existing services and facilities. The property is an approximately 2.666-acre rectangular shaped lot on the southwest corner of the Mamaki Street-Awa Street intersection. There are three (3) existing dwellings (constructed in 1966, 1994 and 2002), several sheds, and several greenhouses on the property. The property is one of twenty-five lots approved under Subdivision No. 2083 (Panaewa Farm Lots 2nd Series) on February 19, 1964. The -2- property is classified as "E"or Very Poor" soils the Land Study Bureau. While the potential for agricultural uses may exist, the soil conditions within the property and surrounding area would preclude such agricultural activities from being conducted on the site. The applicants have conducted agricultural activities on the property for decades, including growing orchids in greenhouses and macadamia trees. Surrounding properties are zoned A-3a and includes a mix of single-family dwellings, agriculture uses, and vacant land. Panaewa Farm Lots 1st Series approved under Subdivision No. 1091 on February 11, 1957, is located to the north of the subject site. This area was reclassified into the Urban District during the 1969 Boundary Review. Access to the site is from East Mamaki Street and Awa Street. East Mamaki Street is a County road with a 20-foot wide pavement within an 80-foot wide right-of- way and 4-foot wide grass shoulders. Awa Street is a County road with a 20-foot wide pavement within a 50-foot wide right-of-way and 6-foot wide grass shoulders. Emergency services are available in Hilo and Kea'au. The three(3) existing dwellings currently have individual wastewater systems. A septic tank system will be installed meeting the approval of the Department of Health for the proposed vacant lot. All essential utilities and services are available to the property. The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone "X", an area determined to be outside of the 500-year flood plain. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is not situated within the Special Management Area. It is located approximately 4.5 miles from the nearest coastline and therefore, will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources,historic resources,public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the area. Thus, the proposed request and use of the property will not adversely impact those resources. Additionally, because the property is developed, it is not anticipated that endangered or threatened candidate species of flora or fauna are located within the -3- subject property, nor has the area been identified as a significant botanical or biological habitat. Presently, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of known valued cultural,historical or native resources in the area. The Department of Land and Natural Resources-State Historic Preservation Division issued a"no-effect"letter dated October 9, 2015 stating that"Aerial photos confirm that the project area has been used as an orchid and macadamia farm. No structures are present that are 50 years or older. Based on its current condition it is unlikely that any surface historic properties are present on the parcel. SHPD's determination is no historic properties affected for the proposed change of zone." Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Lastly, this approval is made with the understanding that the applicants remain responsible for complying with all other applicable governmental requirements in connection with the approved use,prior to its commencement or establishment upon the subject properties. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the above findings, the approval of the Change of Zone request from an Agricultural-3acre(A-3a) to a Residential and Agricultural-.5 acre(RA-.5a) zoned district would result in an appropriate land use pattern that will further benefit the public. The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map) of Chapter 25, Zoning Code, of the Hawai`i County Code 1983 (2005 Edition), is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -4- Maroc . • COUNTY OF HAWAII -_ � ' /:•= STATE OF HAWAII BILL NO. ORDINANCE NO. OVAAlid/PA) • AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—THREE ACRES (A-3a)TO RESIDENTIAL AND AGRICULTURAL— ONE-HALF ACRE (RA-.5a) AT PANA`EWA HOUSE LOTS, 2ND SERIES, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-056:002. 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 Pana`ewa House Lots, 2"d Series, South Hilo, Hawai`i, shall be Residential and Agricultural—One-Half Acre (RA-.5a): Beginning at the west corner of this lot, the north corner of Lot 11 of Pana`ewa House Lots,2"a Series, and on the southeast side of Mamaki Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALA`I" being 19,013.45 feet South and 14,575.44 feet East, as shown on Government Survey Registered Map HSS Plat 922-A,thence running by azimuths measured clockwise from True South: 1. 23T 41' 30" 245.66 feet along the southeast side of Mamaki Street; 2. Thence along the westerly side of Awa Street on a curve to the right having a radius of 50.00 feet, the chord azimuth and distance being 289° 20' 45" 78.43 feet; -1- 3. 341° 00' 409.49 feet along the westerly side of Awa Street; 4. 57° 41' 30" 200.06 feet along Government Land; 5. 147° 41' 30" 460.00 feet along Lot 11 of Pana`ewa House Lots, 2nd Series, to the point of beginning and containing an area of 2.666 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, Hawai`i County Code 1983 (2005 Edition), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -2- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAI`I , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -3- A-3a A-3a A-3a A-3a A-3a VPMPsj A-3a 11 A-3a 11111 A-3a A-3a A-3a • RA-.5a 017 A-3a 1$ �O s� A-3a A-3a A-3a A-3a • A-3a �� 1li A(-‘4\' 1111 19,013.45'5 14575.44'E "HACA'!" A-3a A-3a % A-3a P� A-3a A-3a OPEN AGRICULTURAL-THREE ACRES(A-3a)TO RESIDENTAL AND AGRICULTURAL-ONE-HALF ACRE(RA-.5a) A-3a \V 2.666 ACRES N A-3a tq� OPEN O A-3a 7L-(F'S- A-3a G 7 Feet 0 500 1,000 1,500 2,000 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL -THREE ACRES (A-3a) TO RESIDENTIAL AND AGRICULTURAL - ONE-HALF ACRE (RA-.5a) AT PANA`EWA HOUSE LOTS, 2ND SERIES, SOUTH HILO, HAWAII MAP PREPARED BY: TMK:(3)2-2-056:002 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:August 11,2015 Takehiro EXHIBIT"A" Takehiro 1363 CTakehiroREZ.jwd-10-13-15 MINORU JR.AND KATHERINE TAKEHIRO CHANGE OF ZONE APPLICATION (REZ 15-000194) CONDITIONS OF APPROVAL A. The applicants, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant, successors, or assigns shall notify prospective purchasers, tenants, or lessees of all lots that farming operations and practices on adjacent or contiguous land in the State Land Use Agricultural District are protected under Hawai`i Revised Statutes Chapter 165, the Hawai`i Right to Farm Act. This notice shall be included in any disclosure requ.ired for the sale or transfer of all of the proposed lots. C. 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. D. Final Subdivision Approval of the subject property shall be secured within five (5) years from the effective date of this ordinance. E. If required, a drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works prior to the submittal of plans for subdivision review. Any drainage improvements, if required, shall be constructed, meeting with the approval of the Department of Public Works,prior to the issuance of Final Subdivision Approval. F. The applicants shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire,police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval. The fair share contribution for each lot shall be based on the actual number of residential units developed. The fair share contribution in form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share - 1 - contribution may be adjusted annually beginning three years after the effective date of this ordinance,based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a maximum combined value of$13,506.70 per single family residential unit. The total amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per single family residential unit shall be allocated as follows: 1. $6,513.17 per single family residential unit to the County to support park and recreational improvements and facilities; 2. $314.20 per single family residential unit to the County to support police facilities; 3. $620.58 per single family residential unit to the County to support fire facilities; 4. $271.70 per single family residential unit to the County to support solid waste facilities; and 5. $5,787.06 per single family residential unit to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicants may contribute land and/or construct improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director,upon consultation with the appropriate agencies and approval of the County Council. G. To ensure that the goals and policies of the Housing Element of the General Plan are implemented, the applicants shall comply with the requirements of Chapter 11, Article 1, Hawai`i County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to Final Subdivision Approval. H. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees -2- Ordinance. 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- Historic Preservation Division(DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR- HPD when it finds that sufficient mitigative measures have been taken. J. The applicants shall comply with all applicable County, State and Federal laws, rules,regulations and requirements. K. 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, its successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance(i.e., a condition to be performed within one year may be extended for up to one additional year). 5. If the applicants should require an additional extension of time, the Planning Director shall submit the applicants' request to the County Council for appropriate action. 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',"1.1 k / //,-*°;:;•',',4#31:, ,.....i.. ... ;'.1. -11,7,1';',,' i' • ' '-`, "..::' u i .me VI r - VI c Da" � O a — .o tro � c11) O 73 v s,.. c E Q (i) %.) o cu cm E . w • ...q. E -,-. co C O 8>03 C V U. roe) WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT NOVEMBER 5, 2015 A regularly advertised hearing on the application of MINORU JR. & KATHERINE TAKEHIRO (SLU 15-043/REZ 15-194) was called to order at 9:15 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, Charles Heaukulani, Gregory Henkel, Donald Ikeda, and Raylene Moses. ALSO PRESENT: Bobby Command (Deputy Planning Director), Danny Patel (Deputy Corporation Counsel for the Windward Planning Commission),Daryn Arai (Planning Program Manager), Jeff Darrow (Staff Planner), Lucas Mead (Staff Planner), Maija Jackson(Staff Planner), Christian Kay(Staff Planner), and Sarah Hata-Finley(Commission Secretary). And approximately 22 people from the public in attendance. APPLICANTS: MINORU JR. & KATHERINE TAKEHIRO (SLU15-043/REZ15-194) Applications for a State Land Use Boundary Amendment from an Agricultural to an Urban district and a Change of Zone from an Agricultural-3 acre(A-3a)to Residential and Agricultural- .5 acre(RA-.5a) zoning district for approximately 2.666 acres of land. The property is located on the southwest corner of the Mamaki Street-Awa Street intersection, Pana`ewa House Lots 2nd Series, Waiakea, South Hilo, Hawaii, TMK: 2-2-056:002. MIYASATO: Item No. 3, Applicants Minoru and Katherine Takehiro. Before staff's presentation, I'll just note for the record we have Bobby Command sitting in for our Director Kanuha for this application. COMMAND: Aloha. DARROW: Thank you, Mr. Chairman. Good morning members of the Planning Commission. Our next applicants are Minoru, Jr. and Katherine Takehiro. They are requesting a State Land Use Boundary Amendment as well as a Change of Zone. The area of this subject application is in the similar location of our first applicant, and this is in the Pana`ewa House Lots. This is in the second series that was done in this particular area. It's outlined with a black outline. For reference, running through the middle of the map in a north- south direction is Volcano Highway or Highway 19. And, again, the different colors on the zoning represent our County Zoning. Attachment to: Couau. 612 Bills 127 & 128 1 This is a closer view of the area. Just for reference again, on the left side of the map, we have Highway 19 or Volcano Highway. The actual property is located on the corner of East Mamaki Street and Awa Street. Again, identified in a black outline. The light blue colors on the map represent Agricultural–3 acre zoning. The darker blue represents Agricultural– 10 acres. And, the orange type colors represent Residential - Agricultural zoning. Our State Land Use shows our first app—the location of our first application, Pana`ewa House Lots, First Series, which is zoned Urban, and the subject property is located in the Second Series of the House Lots, and is zoned State Land Use Agriculture. This is our General Plan Land Use Pattern Allocation Guide Map which identifies the property on the edge of Low Density Urban as well as Important Agricultural Lands. For purposes of this application, it's been identified more as Low Density Urban because of the smaller size of the lots. This is an aerial photo. Again, for reference,we have East Mamaki Street and Awa Street, and the subject property is identified in this, on the corner of these streets. Currently, there are three dwellings on the property as well as greenhouses that have been used actively for orchid and macadamia nut farming. The applicants are requesting a State Land Use Boundary Amendment from Agricultural to Urban as well as a Change of Zone from Agricultural–3 acres to Residential Agricultural - .5 acre. This is to accommodate a proposed subdivision of the 2.6-acre property into four lots consisting of a minimum of.5 acre in size and to be conveyed to their children. The proposed 4-lot subdivision would consist of three lots that are at least one-half acre each, and the fourth lot would consist of 1+acre and is where the applicants currently reside. This is a site plan that was submitted with the application. Again, for reference, along the top of the map, we have Awa Street. On the left side,we have East Mamaki. Its proposed subdivision identifies each of the four lots. Three of the lots are just above a half acre in size, and one lot will be one acre in size where the applicants currently reside. As mentioned, there are three dwellings currently constructed on the property, and this would be the location of the fourth lot where a greenhouse is currently located. Here are some site photos. This is on East Mamaki Street looking mauka with the subject property on the left. And, this is looking onto the property on, from East Mamaki Street. And this is looking on East Mamaki Street looking towards Awa Street which is just ahead, and the subject property is on the right. This is on Awa Street with the subject property on the right side of the map. And, again, this is looking at the subject property with, from Awa Street, and then lastly looking towards the intersection of Awa Street and East Mamaki with the subject property on the left. 2 The Planning Director is recommending that the Planning Commission send a favorable recommendation for both the State Land Use Boundary Amendment request as well as the Change of Zone. That concludes our presentation. Thank you. MIYASATO: Commissioners, any questions for staff? IKEDA: Yes, I have— MIYASATO: Commissioner Ikeda. IKEDA: When looking at the map, where is Nani Mau Gardens? DARROW: That's—let me go back here a little--Nani Mau Gardens would just be on the top of your map. IKEDA: Okay, so this is way below the Nani Mau Gardens? DARROW: It's,it's approximately two streets away from Nani Mau Gardens. IKEDA: Okay. That's it. MIYASATO: Commissioners, any further questions for staff? DARROW: Thank you. MIYASATO: I have one, Jeff. DARROW: Sure. MIYASATO: You know, for Lot No. 4, is there a designated easement to access? DARROW: Our understanding is that that's going to be taken care of through the subdivision process that they will provide an access easement to the fourth lot. MIYASATO: Before final approval? DARROW: Correct. MIYASATO: Okay, thank you. DARROW: This is just a proposed subdivision layout. So, they'll have to make some adjustments. 3 MIYASATO: Okay. DARROW: Thank you. MIYASATO: Thank you. Do we have the applicant or representative present? FUKE: Good morning. MIYASATO: Do you swear or affirm to tell the truth on this matter now before the Hawaii County Planning Commission? FUKE: Ido. MIYASATO: State your name and residence. FUKE: Good morning,Mr. Chairman and members of the Commission. My name is Sidney Fuke. I'm a planning consultant. I'm here assisting the applicants who happen to be friends of mine, Kathy and Minoru Takehiro. Kathy and I served on the Hospice of Hilo board for a number of years, and that's how I got to,became,become acquainted with them. My business address is 100 Pauahi Street, Suite 212, Hilo, Hawaii. Mr. and Mrs. Takehiro are here in the audience in the back of me. They've had a chance to, I've discussed all of the proposed conditions raised by the Planning Depaitnient staff, and they are in agreement with the recommendation. It's our understanding that there was this one condition, Condition F, I guess, relating to the fair share contribution, and I had that clarified by the staff that, that fair share obligation would be applicable only to the newly created dwelling cause currently there are three dwellings on the property and then it's ultimately, if approved, would be, the project would result in a 4-lot subdivision. In specific answer to your question, Mr. Chairman, regarding the proposed subdivision layout, yes, it is the applicants' intent to have an easement over the applicants' current residence. The primary—the lot that currently has, is being proposed for a 1-acre size,the easement to serve the fourth lot would come through that particular property. Just also,by way of additional background, the applicants have owned the property ever since the Pana`ewa House Lots Subdivision was created way back in the mid-60's, so they lived on the property for well over 50 years. They raised their four children on the property. Two of their children currently live on the site, and the, again, like the previous application, they just want to fulfill their, I guess their estate planning purposes by going through with this 4-lot partitioning. So, with that, Mr. Chairman, if there are any questions, I'd be more than happy to answer. MIYASATO: Commissioners, any questions for the applicant? IKEDA: Yes, yes, I have some. 4 MIYASATO: Commissioner Ikeda. IKEDA: Mr. Fuke, the reason I'm asking this is, I've got to ask you this question, is—Nani Mau, is it on Mamaki Street? No? FUKE: Nani Mau Gardens is situated on Makalika Street and— IKEDA: --oh, Makalika— FUKE: --yeah— IKEDA: --Okay,no, the reason is that I remember once before someone came over, and I think they were one street over from Mamaki Street,but the association, they was really against it. You know, that happened four years ago. It did pass Planning Commission,but when it went to Council, it got killed. I think you remember that, and we were trying to—I was on the board trying to pass it,but we couldn't because how can you pass something when you don't have the community support, so I hope you guys have your meetings and so forth because I don't want to see that happen, you know, again. FUKE: I think that the property that you're referring to is on, I believe it's on Awa Street and Mamaki Street,but it's on the Hilo side of Mamaki Street-- IKEDA: --Right— FUKE: --Excuse me, Makalika Street, and it was largely an undeveloped property, and the landowner was proposing a project that would have consisted of about like eight or ten lots— IKEDA: --Right— FUKE: --This is quite unusual because, you know, that property was one of the few properties that were larger and was undeveloped and in this situation here, as with the previous applicant, you already had like long-standing residence and so they're basically trying to subdivide for estate planning purposes as opposed to doing a development. IKEDA: Yeah, I just—I didn't want to see you guys get roadblocks or blindsided when you go to Council because I know it's going to pass here,but when you go to the Council, if you don't have the community support, if they're in opposition, you might run into some trouble. FUKE: Thank you very much for the heads up. HEAUKULANI: Mr. Fuke, I had a question, please, or two. Now, I'm sensitive to applicants who come before us and are looking to start divvying up their estate. So, do I understand this correctly that there, your clients are looking for a 4-lot subdivision with the intention of conveying a lot each to each child? FUKE: That is correct. 5 HEAUKULANI: Okay, you know, I noticed in the submittals that the representation was made that with the subdivision,the mortgage could be refinanced leaving the applicants home free of any financial encumbrances. Are,is it—am Ito understand then that the children are going to pick up their own financing and then cover their parents' note? FUKE: Actually, like a,two of the homes, where the applicants live as well as the house in the front, you know, fronting Mamaki Street, are already not encumbered, you know, financially. The last home, which was their youngest child, they constructed a dwelling, I think within the last 10 or 11 years so, in conjunction with the construction of that, they had to take out a mortgage, and because the land was not subdivided, the entire property had to be encumbered, and so with this proposed action creating the subdivision, then of course the, the youngest daughter would then refinance and then have its, have the mortgage be attendant only to that property. HEAUKULANI: All right, you know, I'm—I'm concerned with what, you know, appears to me to be an increasing move towards urbanization of Pana`ewa, but I am sensitive to that, I understand that. I'll support this one. Thank you. MIYASATO: Commissioners, any further questions for the applicant? Okay, thank you. FUKE: Thank you. MIYASATO: Do we have anyone wishing to testify on this application? If not, can I have a motion to close public testimony? IKEDA: Moved to close public testimony. DELA CRUZ: Second. MIYASATO: All in favor. COMMISSIONERS: Aye. MIYASATO: Any opposed? I call a close to public testimony on this application. Commissioners, any discussion on this application? If not, I'll accept a motion. IKEDA: Mr. Chairman, I move that a favorable recommendation be forwarded to the County Council on the application for a State Land Use Boundary Amendment,Docket No. SLU 15-043 based on the Planning Director's findings and recommendations which shall be adopted. MOSES: Second. IKEDA: I have a motion by Commissioner Ikeda; a second by Commissioner Moses. Is there any discussion on the motion? If not, you can call the roll. 6 DARROW: Thank you, Mr. Chair. The motion before us is to send a favorable recommendation for the State Land Use Boundary Amendment. With that, we'll take the roll call. Commissioner Ikeda? IKEDA: Aye. DARROW: Commissioner Moses? MOSES: Aye. DARROW: Commissioner Dela Cruz? DELA CRUZ: Aye. DARROW: Commissioner Heaukulani? HEAUKULANI: Aye. DARROW: Commissioner Henkel? HENKEL: Aye. DARROW: And Mr. Chairman. MIYASATO: Aye. DARROW: The motion passes six to zero. MIYASATO: You'll be notified in writing. HEAUKULANI: Oh, we gotta deal with the Change of Zone, too. PATEL: So, yeah, we're gonna need to take action on the Rezoning Application 15-194. MIYASATO: Okay. Staff, you have any comments on the— DARROW: If we could just as we just did for the State Land Use Boundary Amendment. If we could have a motion for the Change of Zone. MOSES: I move that a favorable recommendation be forwarded to the County Council on the application for a Change of Zone, Docket No. REZ 15-194 based on the Planning Director's findings,recommendation, and proposed conditions which shall be adopted. IKEDA: Second. 7 MIYASATO: I have a motion by Commissioner Moses and a second by Commissioner Ikeda. Is there any discussion on the motion? You can call the roll. DARROW: Thank you,Mr. Chairman. With that,we'll take the roll. Commissioner Moses? MOSES: Aye. DARROW: Commissioner Ikeda? IKEDA: Aye. DARROW: Commissioner Dela Cruz? DELA CRUZ: Aye. DARROW: Commissioner Heaukulani? HEAUKULANI: Aye. DARROW: Commissioner Henkel? HENKEL: Aye. DARROW: And Mr. Chairman. MIYASATO: Aye. DARROW: The motion passes six to zero. MIYASATO: Okay, you'll be notified in writing. The discussion ended at 9:32 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission 8