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HomeMy WebLinkAboutCOM 0615.000 2014-2016 :ZYwos k,!' Walter K.M.Lau " \,141 Managing Director William P.Kenoi - •• �: �s,1i:• • Mayor Randall M.Kurohara ••T��'., ,' �1►`� Deputy Managing Director County of Hawaii Office of the Mayor 25 Aupuni Street,Suite 2603 • Hilo,Hawaii 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Me Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawaii 96740 (808)323-4444 • Fax(808)323-4440 November 23,2015 r v� O t7 - w Dru Kanuha, Council Chair - and Members of the County Council - County of Hawai`i _ _ 25 Aupuni Street N > Hilo, HI 96720 __ 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 i 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, c:2_,c.„ WILLIAM P. KENOI Mayor MTransCouncilLKukuiREZ04-022LorantREZ 15-188 Enclosures / t Comm. No. CO cc: Planning Depai lnient Ref. To: F'L <eM‘ l al Ref. [gate DEC 2 8 2015 County of Hawaii is an Equal Opportunity Provider and Employer. 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 232015 Dru Kanuha, Council Chair and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Kanuha and Council Members: SUBJECT: Change of Zone Application (REZ 15-000193) Applicant: Brad McClary Request: A-3a to RA-la Tax Map Key: 2-2-052:027 The Windward Planning Commission, at its duly held public hearing on November 5, 2015, recommended for your approval the proposed legislative bill for Change of Zone from an Agricultural-3 acres (A-3a)to Residential and Agricultural-1 acre (RA-1a) for 2.73 acres of land. The property is located along the south side of Makalika Street, approximately 900 feet west of the Awa Street-Makalika Street intersection, Pana`ewa House Lots, South Hilo, Hawai`i. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicant requests a change of zone from Agricultural- 3 acres (A-3a) to Residential and Agricultural- 1 acre (RA-1a) for a 2.73-acre parcel in order to create a 2- lot residential-agricultural subdivision for family estate planning purposes. The existing dwelling and `ohana dwelling will be incorporated into the front lot during subdivision Hawaii County is an Equal Opportunity Provider and Employer Dru Kanuha, Council Chair and Members of the County Council Page 2 design. Upon approval of the request, the applicant plans to build a single-family dwelling on the newly created lot to be used as a home for the applicant's elderly relatives. In order to consider an area for any type of zoning designation, the applicable goals, policies, and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The Change of Zone application from an Agricultural(A-3a) to Residential and Agricultural (RA-1a) zoned district will conform to the following goals, policies and standards of the General Plan. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals, policies, and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The Land Use Pattern Allocation Guide(LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The property is designated Low Density Urban. This designation allows residential uses (up to six units per acre), with ancillary community and public uses, and neighborhood and convenience-type commercial uses. The Zoning Code would allow a maximum of 4 units to be developed on the property with RA-la zoning: the existing single-family dwelling, the existing `ohana dwelling, the proposed single-family dwelling on the newly created lot, and a future `ohana dwelling on the newly created lot. The applicant's request for RA-la zoning conforms to the Low Density Urban designation in that the maximum residential density allowed would be well below the density of 6 units per acre allowed by the LUPAG designation. Dru Kanuha, Council Chair and Members of the County Council Page 3 The subject property and surrounding area south of Makalika Street to just south of Lama Street between the highway and Railroad Avenue are unique in that they are zoned Agricultural by the County but are in the State Land Use Urban district. Although these lands can be productive for agriculture they are planned to be developed over time with more urban uses due to their close proximity to Hilo town and utilities and services. The property is not considered important agricultural land as it is classified as existing urban development on the ALISH Map and by the Land Study Bureau, which determines productivity ratings of agricultural lands. The front portion of the property is improved with a dwelling and an `ohana dwelling. The property contains numerous fruit trees including avocado, lychee, and citrus. Land uses in the area are a mix of residential and agricultural uses, particularly orchards. Surrounding properties are similarly zoned A-3a with approximately 3 acre sized lots that are developed with dwellings. The proposed change of zone would complement the existing and predominately rural residential land uses in the surrounding area and is consistent with the General Plan designation for the area. 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 Hawaii Right to Farm Act. The lands just north of Makalika Street are situated in the State Land Use Agricultural district, while lands south of Makalika Street are in the Urban district. Thus, conditions of approval will be included to protect the agricultural activities on the adjacent property to the north from nuisance complaints. All utilities and services are available to the site. Access to the property is from Makalika Street, which is a County road with a 20-foot wide pavement with grass shoulders within a 50-foot wide right-of-way. County water can be made available to the property via an existing 12-inch waterline within Makalika Street for the proposed lot. The property is currently served by one 5/8-inch water meter and the applicant has recently secured a water commitment for a second 5/8-inch water meter for the proposed lot. The Department of Water Supply recommends installation of a fire hydrant. As there is no municipal sewer system in the area, wastewater will be disposed of into individual wastewater systems meeting the standards and requirements of the State Department of Health. Solid waste will be disposed of by commercial haulers or the homeowner into the Dru Kanuha, Council Chair and Members of the County Council Page 4 Hilo landfill. The property is in Zone"X", which is an area determined by FEMA to be outside the 500-year flood plain. All development-generated storm runoff will be disposed of on site and not allowed onto adjacent properties or roadways. All other essential utilities are available to the site. Police, fire, and emergency facilities are located in Hilo. Typically the County Council requires that applicants provide a fair share contribution to mitigate the potential regional impacts of their development on public facilities and services such as roads, parks, solid waste, and police and fire services. For the Residential and Agricultural (RA) zoning district, the County Council has historically required this contribution for minimum lot sizes of one acre. Therefore, a fair share contribution would be required for the requested RA-la zoning for the newly created lot. 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 5.5 miles from the nearest coastline and therefore, will not be impacted by coastal hazards 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. 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. Based on the above findings, approval of this change of zone request from an Agricultural 3-acre (A-3a) to a Residential and Agricultural-1 acre(RA-1a) zoned district would result in an appropriate land use pattern that will further benefit the general public. The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map), of Chapter 25 (Zoning Code) of the Hawai`i County Code, 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 5 We are enclosing copies of the staff Background, Planning Director's Recommendation, the Power point presentation and a transcript of the hearing for your information. Sincerely, \1\k, V\,v_,.\_,-,11 Myle Mi Y Miyasato, Cillairman Windward Planning Commission LMccl aryREZ 15-1 93 wpc2 Enclosures cc: Mr. Brad McClary Department of Public Works Department of Water Supply Department of Land &Natural Resources-HPD William Brilhante, Esq., Corporation Counsel BMcC1aiyREZ.mjj 10/13/15 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT BRAD McCLARY CHANGE OF ZONE APPLICATION (REZ 15-000193) BRAD McCLARY has submitted an application for a Change of Zone from Agricultural- 3 acres (A-3a)to Residential and Agricultural- 1 acre(RA-la) for 2.73 acres of land. The property is located along the south side of Makalika Street, approximately 900 feet west of the Awa Street—Makalika Street intersection, Pana`ewa House Lots, South Hilo, Hawai`i, TMK: 2-2-052:027. PROPOSED ACTION 1. Applicant's Request: Change of Zone from A-3a to RA-la for 2.73 acres of land in order to subdivide the property into two lots. The RA-la zoning district, with a minimum lot size of 1 acre, would allow a maximum density of 2 lots for the 2.73-acre property, which is what the applicant is proposing. 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. (P.D. Exhibit 1 - Zoning Code Requirements for Residential and Agricultural Districts) 2. Reason for the Request: The applicant is requesting the change of zone in order to subdivide the property into two lots for family estate planning purposes. There is an existing dwelling on the front portion of the property which was constructed in 1959 with an attached `ohana dwelling built in 1985. Upon approval of the request, the applicant plans to build a single-family dwelling on the newly created lot to be used as a home for the applicant's elderly relatives. (P.D. Exhibit 2 - Change of Zone Application) 3. Landowner: Brad and Tierney McClary. Re: Bill 129/Coram. 615 STATE AND COUNTY PLANS 4. State Land Use District: Urban. 5. General Plan LUPAG Map Designation: Low Density Urban. This designation allows residential uses (up to six units per acre),with ancillary community and public uses, and neighborhood and convenience-type commercial uses. 6. County Zoning: Agricultural- 3 acres(A-3a). The Agricultural zoning district provides for agricultural and very low density agriculturally-based residential use, encompassing rural areas of good to marginal agricultural and grazing land, forest land, game habitats, and areas where urbanization is not found to be appropriate. 7. Hilo Community Development Plan (CDP): The Hilo Community Development Plan adopted by Planning Commission Resolution No. 1 on May 21, 1975 identifies the area as A-3a. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 8. Subject Property: The property is rectangular in shape and its topography is relatively level. Structures on the property include a 3-bedroom, 2-bathroom single-family dwelling situated in the northeast corner of the property. This house was built in 1959 with Building Permit No. 22012. An attached carport was built in 1962 with Building Permit No. 25973. A 1-bedroom, 1-bathroom `ohana dwelling was constructed behind the main house in 1985 with Building Permit No. 85118. Ohana Dwelling Permit No. 83-60 was issued on August 15, 1983 by the Planning Department for the `ohana dwelling. An asphalt driveway leads from the road to the house. The remainder of the property contains ornamental shrubs and trees, fruit trees and grass. 9. Surrounding Zoning/Land Uses: Surrounding properties are similarly zoned Agricultural- 3 acres(A-3a) and are in residential and agricultural-orchard use. Similar rezones in the area include a property located about 1,700 feet to the southeast on Lama Street,which was rezoned from A-3a to RA-1 a in 2011 to create a 2-lot subdivision and a property 1,500 to the south on Awa Street, which was rezoned from A-3a to RA-.5a in 2007 to create a 3-lot subdivision. 10. Agricultural Lands of Importance to the State of:Hawai`i (ALISH): Existing Urban Development. -2- 11. Land Study Bureau's Detailed Land Classification System: Existing Urban Development. 12. U.S.D.A.Soil Survey: The Papal extremely stony muck(rPAE)soil series consists of well-drained,thin,extremely stony organic soils over fragmental A`a. Permeability is rapid, runoff is slow and the erosion hazard is slight. This soil type is used for woodland, pasture, orchards and truck crops. 13. Flood Zone: The subject property is in Zone "X", which is an area determined by FEMA to be outside the 500-year flood plain. 14. Flora/Fauna Resources: No professional surveys were conducted of the property, as the property has been developed with a dwelling since 1959. The existing dwelling is located on the front(north)third of the property. There is sod from the street to the home with pineapples, hapu`u and various flowers. Scattered in locations around the house are various trees, including citrus,lychee avocado and banana. The southern portion of the property consists of revitalized avocado, various fruit and other trees. Due to the history of extensive land disturbance, it is highly unlikely that the property contains habitat for any federally or State listed candidate or proposed threatened or endangered plant or animal species. 15. Archaeological/Historical Resources: A formal archaeological survey was not conducted because the property has been developed with a dwelling since 1959 and extensively cultivated since then. Therefore, it is unlikely that any surface or subsurface archaeological resources remain on the property. 16. Cultural or Native Gathering Rights: There is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of any known valued cultural,historical or native resources in the area. 17. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the property. PUBLIC UTILITIES AND SERVICES 18. Access: Access will be from Makalika Street, which is a 20-foot wide paved County roadway with grass shoulders within a 50-foot wide right-of-way. 19. Water: County water is available to the property via a 12-inch waterline within Makalika Street. The property is currently served by one 5/8-inch water meter and the -3- applicant has recently secured a water commitment for a second 5/8-inch water meter for the proposed lot. The Department of Water Supply recommends installation of a fire hydrant, 20. Wastewater: There is no County sewer system in the area. An individual wastewater system will need to be installed meeting the requirements of the State Department of Health to handle the wastewater needs of the proposed lot. 21. Solid Waste: Solid waste generated on the property will be disposed of at the Hilo landfill located about 2 miles east of the property. 22. Utilities and Services: Police, fire and medical services are available in Hilo. All other essential utilities and services are available to the property. AGENCIES' AND ORGANIZATIONS' COMMENTS 23. Department of Public Works-Engineering Division: P.D. Exhibit 3—September 10, 2015 memo 24. Department of Water Supply: P.D.Exhibit 4 and 5—August 25, 2015 memo to Planning Department and September 9,2015 letter to Applicant 25. Fire Department: P.D. Exhibit 6—August 20,2015 memo 26. State Department of Health: P.D. Exhibit 7—August 20,2015 memo AGENCIES-NO COMMENTS/CONCERNS 27. Department of Environmental Management, State Department of Land and Natural Resources- Land Division, Police Department. AGENCIES-NO RESPONSE 28. State Department of Land and Natural Resources- State Historic Preservation Division, State Office of Planning, State Department of Agriculture, State Department of Transportation, Real Property Tax Office, HELCO. PUBLIC COMMENTS 29. None as of this writing. -4- § 25-5-50 HAWAI`I COUNTY CODE Division 5.RA,Residential and Agricultural Districts. Section 25-5-50.Purpose and applicability. The RA(residential and agricultural)dish ict 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.) 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-la 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. Planning Dept. Exhibit I § 25-5-52 HAWAI`I COUNTY CODE (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. (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.) § 25-5-54 HAWAII COUNTY CODE 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.) 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.) APPLICATION FOR CHANGE OF ZONE Applicant: Brad McClary Property: Panaewa House Lots, Waiakea TMK: (3) 2-2-052:027 zr,z-ining Dept Fy r McClary Application for Change of Zone CONTENTS Change of Zone Application Form 1 Residential Rezoning Questionnaire 3 Background and County Environmental Report 7 Figure and Exhibit Index 31 McClary Application for Change of.Zone CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT APPLICANT: Brad McClar _ APPLICANT'S SIGNATURE: — L DATE:S ADDRESS: 200 Makalika Street Hilo, Hawaii 96720 LIST APPLICANT'S INTEREST IF NOT OWNER: N/A LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: N/A PHONE: (Bus.) (Res.) (808)217-2149 (Fax) LANDOWNERS(S): Brad & Tierney McClary LANDOWNER SIGNATURE(S): VIC LANDOWNER(S) ADDRESS: 20 Makalika Street Hilo, Hawaii 96720 REQUEST: A-3a TO RA-la (Existing zoning) (Proposed zoning) TAX MAP KEY: (3) 2-2-052:027 STREET ADDRESS OF PROPERTY: 200 Makalika Street Hilo, Hawaii 96720 SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 2.73 acres AGENT: None ADDRESS: N/A 1 McClary Application for Change of Zone TELEPHONE :( Bus.) (Res.) g0821 7 I y (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Brad McClary COPIES: N/A 2 McClary Application for Change of Zone ATTACHMENT Residential Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to Subdivide the subject land in accordance with the approved change of zone? YES If yes, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? 2.73 ACRES b. Into what size? 1 ACRE AND 1.73 ACRES 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? IMMEDIANTLY d. Do you intend to build houses on the newly created lots? YES If yes, please answer the following questions: On how many of those lots? ONE At what approximate price range? House $150,000 Lots $ Total $150,000 3 McClary Application for Change of Zone Approximately how long, after the approval of the subdivision, would the first house be available for occupancy? ONE YEAR If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. SEE EXHIBIT 2 PAGE 9 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. Other (please state) f. If you intend to do either a, b or 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 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 MORE HOUSING 4 McClary Application for Change of Zone 4. Are there any building on the subject area? YES If so, what kind? THERE IS AN EXISTING RESIDENTIAL DWELLING (Built 1959) AS WELL AS AN OHANA (Built 1985) What do you intend to do with those buildings if your request is approved? NO CHANGES WILL BE MADE TO EXISTING STRUCTURES 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. 2.5+ ACRES OF AVOCADO, LYCHEE AND MACNUTS 6. To your knowledge, has there been any flooding and or drainage problem on the subject area? NO If so, please describe the problem. 7. Do you think the roads leading to the subject area need improvement? NO If so, what kind? Is the road adequate for the proposed traffic volume or load? YES 5 McClary Application for Change of Zone 8. What sort of governmental assistance and or improvements do you feel will be needed in the subject area when developed? a. Schools NONE b. Roads NONE c. Sewer NONE d. Drainage NONE e. Police Protection NONE f. Fire Protection NONE g. Recreational Facilities NONE h. Public Utilities NONE i. Other NONE For those checked "yes", please elaborate what type or kinds of improvements and or assistance are needed. Signature: 7 Address: 200 Makalika St. Hilrb, Hawaii 0b720 Telephone: (808) 217-2149 Date: S— ' _ 15- 6 McClary Application for Change of Zone Background and County Environmental Report (Attachment to Change of Zone, Project District, and Agricultural Project District Applications) A. SUBJECT REQUEST 1. Details of Proposed Use/Development: a. Project Description: The applicant, Brad McClary ("Applicant"), requests a change of zone from the Agricultural Zoning District ("A-3a") to Residential and Agricultural Zoning District ("RA-1"). The subject property is approximately 118,918.8 square feet (or approximately 2.73 acres) in land area. It is a nonconforming lot. The subject land use changes are requested to allow a subsequent subdivision of the subject property into two lots. The subject property is located off Makalika St. A Location Map is attached as (Exhibit 1). The parcel is more specifically identified as Tax Map Key ("TMK") No.: (3) 2-2-052:027, #38 Panaewa House lots, Waiakea, South Hilo, Hawaii ("Property or Site"). Makalika St. runs East-West from Mamalahoa Highway (State Rt. 11) to Railroad Ave. There is an existing dwelling and ohana unit located on the northern half of the property. A grass area is maintained between the dwellings and Makalika St., as well as various flower and citrus trees. The southern 2/3rds of the property consist of avocado, various fruit and other trees. b. Statement of Objectives and Reasons for the Request: As stated above, Applicant's reason for requesting the change of zone to RA-1 is to allow subdivision of the Property into two lots (Exhibit 2). He intends to build a single family home for elderly relatives and facilitate his heir's inheritance. As the Property is just over 2 2/3 acre in area a change of zone is necessary to accommodate the proposed subdivision. 7 McClary Application for Change of Zone a — 7 :r.,..i. •4,1..1111— -..4"‘c.0 .•-",'"" ----- - _--- \ 1 -,,z___...‘4_.- .-',,-.,: ••:,:•1;-:, , , a ii t. s J.,. '. —• ,----- „ . /c : . ' . / \ ;,. ''., /".3:•o `f -SP- - - i:: '':-''____, i / i c - _ ' C) - :`, : , ,.... . ._ ' `, t• ':.11 / - 7 -:- ....___ ,. \ , 7-. • ,. _... . ,•,' -=='- , --, . ..., . .. __,... ----A- •''''' . isimit .. . ,-.:--$ „ .. ..--- ) 1 \ -i . . .. , .„, ” ,. i ' ' T 1 •_, I \ _ .- . - ).(<„,„"-- \ _ r -I- ': Q' ,,. - , '' r r ., ' ; . s - l___ - ,..r .....___________ _ , ..... , .„- ,, ___..., . ..,......, ,___ •, .,--„ ...„ : ,.. _ ©, .'- - :-.. -._ i.., II ., - 1 ' ' ' I -=., _.___ _ ' _______ __ ___, ›.—. . ..,= li , ,-.. - ,.. • , ___.....) ---- 4,1,- -- - — I 7"®--ti (--)6i I----r-_ ig---*- - -- --_ ,- • .7:^..4.:,,:-- Exhibit 1: Location Map 8 McClary Application for Change of Zone ii. 1 40 i63 ^ a p rILQT 38b 1J7281 Acre t ` Z f r f f _ i 4 1 iMI , i ..n.z!:.- -- CAPi T 38a 8 — _J g e.. :ti.` 1Ia Acre MI a Q f itt t P M^KAL.l K,4. 3TR'L'LT E .i *'--2 BRAD E. MCCLARY HAWAII ISLAND DRAFTING i— I� # TIERNEY L. MCCLARY GERALD T SATO p F 2W At&ALL[A STREET,OM&C. a.0.80x1 5481 ,.... .r��1 TIE: fSrd.}2-2.052:927 PH(d761959-5722 HL4,*AWAL 95720 Exhibit 2: Preliminary Schematic Subdivision Plan (Plot Plan) 9 McClary Application for Change of Zone Applicant's objectives are as follows: To change the zoning from AG-3a to RA-1a To subdivide the Property into two lots allowing construction of a single family home To allow in the future, an easier division of the property between his two daughters c. Number of Acres/Square Feet: The Property is approximately 118,918.8 square feet, or 2.73 acres, in land area. d. Proposed units/lots/floor area of proposed building envelope: One single family home at approximately 1800 square feet e. Timeframe: It is estimated that the change of zone processes will take 9 to 12 months, and that the subsequent subdivision process will take 6 to 9 months. No construction is proposed at this time; however, the Applicant does plan to construct a single family home at some point after the subdivision process has been completed. f. Membership size/number of employees and clientele: There are no employees and clientele expected as this is a family farm and production is dispersed at other locations. g. Parking arrangement: Two stall open carport suitable for single family home. h. Traffic impacts (assessment of existing traffic conditions, anticipated increase in traffic and traffic impacts from proposed use): The proposed change of zone is not expected to have a significant impact on the traffic situation in the area. If approved, only one lot would be created, with the new lot taking access from Makalika St. Further subdivision of the Property could not occur unless another change of zone was approved. There may be a slight increase in traffic due to the intended use of the new lot as a single family home in the future. i. Other related information: Presently there are other subdivided A-3a properties as well as RA-1a/RA-.5a zoning in the immediate area. j. Proposed On-site and Off-site Infrastructure: The Site is already served-by all necessary utilities via overhead lines on Makalika St. Preliminary discussions with the Department of Water Supply ("DWS") have indicated that water can be made available to the proposed new lot. 10 McClary Application for Change of Zone B. CONFORMANCE WITH STATE/COUNTY PLANS 2. State Land Use Designation: The Property and surrounding areas are situated within the Urban District. (See Figure 1) 3. Coastal Zone Management: The proposed project is not contrary to the Coastal Zone Management Program, as contained in Chapter 205A, Hawaii Revised Statutes ("HRS"). The Property is not situated within the County's Special Management Area ("SMA"). It has been previously developed, at least since 1959 when, according to Real Property Tax records, the existing dwelling was constructed. It is not a coastal property and there is no access to either the shoreline or the mountains through it. There is no view of the shoreline from the Property. The proposed land use changes will have no impact to coastal ecosystems as the Property is approximately 4 miles inland from the ocean at its closest point. 4. Applicable Goals/Policies and Objectives of the General Plan: The Property is designated as "Low Density Urban" ("LDU") on the current General Plan Land Use Pattern Allocation Guide ("LUPAG") map (See Figure 2). The LDU designation is intended for residential use, with ancillary community and public uses, and neighborhood and convenience- type commercial uses. As such, the proposed project is consistent with the LDU designation. The proposed rezoning conforms to the following goals, policies and standards of the General Plan. Flooding and Other Natural Hazards: Goals (a) Protect human life. (b) Prevent damage to man-made improvements. (c) Control pollution. (d) Prevent damage from inundation. (e) Reduce surface water and sediment runoff. Policies (a) Enact restrictive land use and building structure regulations in areas vulnerable to severe damage due to the impact of wave action. Only uses that cannot be located elsewhere due to 11 McClary Application for Change of Zone 'S `ss s _ 1� Y: r l T } `' E , mss y _ �_ F ..,\� „::.„,-----;\ -may i` ti .dam 3 't 1 s ' V. _ ' sl s _ I '',''' \ \ \--...----------N----.-- --.-7\10 ,!' .1 1 3g $ , ti ti — , R s' r- 1 1II lIu i ' --'_ i I II �r 1I, � II II I )iyf`l- � Ililll III I iI I III I II I II III I1 1 I I I1 .1 , L I i I 1 I' 1 i I i ill I 1 Ii II VI 11111 !1 II. 11 1 11 i I Figure 1: State Land Use District Boundary map 12 McClary Application for Change of Zone ...- , - 4 ..„..r,. ,., . „ .., T 3..4 -.°.,'..,1,,n4c-* i, ''' 1-111-" - TI Ila .. k ,.,., . U ,..1.. _. i .. :.., Cl. L T :,. F. .., . 5 z: '_, ' -7' • -- E.' _. - al •.-- t '''. 11 '; 4 ,,"' f• r• , L t t • r.i„ ...; , - .3 7. E t: 2 :5 j_... ..,., .',7, :1, -1.: :5 -.L. 'E :,•‘. I. Figure 2: General Plan Land Use Pattern Allocation Guide Map (LUPAG) 13 McClary Application for Change of Zone public necessity and character, such as maritime activities and the necessary public facilities and utilities, shall be allowed in these areas. (b) Review land use policy as it relates to flood plain, high surf, and tsunami hazard areas. (c) Update and improve the Flood Insurance Rate Maps and other flood maps in compliance with the National Flood Insurance Program (NF IP) as needed. (d) Any development within the Federal Emergency Management Agency designated flood plain must be in compliance with Chapter 27. (g) Development-generated runoff shall be disposed of in a manner acceptable to the Department of Public Works and in compliance with all State and Federal laws. (j) The County and the private sector shall be responsible for maintaining and improving existing drainage systems and constructing new drainage facilities. (q) Consider natural hazards in all land use planning and permitting. (r) Discourage intensive development in areas of high volcanic hazard. Discussion: The Property is situated within Flood Zone "X", which includes areas that have been determined to be outside of the 500-year flood plain (See Figure 3). As far as Applicant is aware, flooding has not been an issue in the past. It is not a coastal property and is outside of the Special Management Area ("SMA"). The Property is situated within Volcano Hazard Zone 3 and has a relatively low risk of inundation by lava flows (See Figure 4). Natural Beauty: Goals (b) Protect scenic vistas and view plans from being obstructed. Discussion: The Site is not listed as or proximate to other properties listed as sites of natural beauty. The Project will not interfere with any coastal view planes, as there is no view of the coastline from the Property or surrounding properties. Likewise, the Project should not interfere with any views of the Pu'u. Avocado orchards are beautiful and allowing this request will enable applicant's heirs to maintain them into the future. Natural Resources and the Shoreline: Goals (a) Protect and conserve the natural resources from undue exploitation, encroachment and damage. (c) Protect and promote the prudent use of Hawaii's unique, fragile, and significant environmental and natural resources. (d) Protect rare or endangered species and habitats native to Hawaii. 14 McClary Application for Change of Zone L y - r Y' �' *�. ' 2r,„_,••1 4 % t l r r ' 'i 1� � F� k s1 _! 1 'i fZ.e.'" .1 . - N 1.-• ,,, i____,-- , ,, . ,_,_ ti '‘it,\ ,, :"'" � �r , \ ...4:. a 71Cr—:-: _ x • s. Lm _":11 ft, ti , . ! y , WitIlk r , '6, 1 ' i A ,__, .. ,...,,, .:4 I V, ^,, !a IIIVI - 11111'4 , - __--- _-__..- '' 11."- IP4rpr, iv-/;07:;1., __,: 1 WI 4);V:)1:' :r.'s ~Pi t ai}/M" ra , [ "� f �* `_ _ : ' 1 i s leas- ... o 1 � L'+�� rti a sY'j�„ r.k � �� .., .. C, 11"- ' i'Lli um. evenioel i mii il e:1t1"�tr! l� t I .: I! 2. 1.1.111,SS111 kJ . ..... 41/..1rf.......!..! .di 0 ir, *.•it . "alilIl1L ll :` JIM Figure 3: FHAT map 15 McClary Application for Change of Zone i I ! S i i 4• 1 f i : QQ .t _d - w `I, E O y r, Y G e Z .5 u� r I.t1 o It,c X rgN .. t}: ... e CO © . s : _j , Lt) O I = ,E; � '� ra cn r EE Ef J ,11.°t4,;-,,,,.,1,-... SIG ' lir f- Figure 4: Lava Flow Hazard Zones 16 McClary Application for Change of Zone Discussion: The Property is not situated on the coast and the proposed Project will not have any significant impact on shoreline resources. The Site is not likely to be a habitat for any federally or State listed candidate or proposed threatened or endangered plant or animal species due to a history of agricultural and residential use and related disturbance. The proposed change of zone will not have a significant effect on natural resources or the shoreline. Housing Goals (a)Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. (d) Create viable communities with affordable housing and suitable living environments. (f) Seek sufficient production of new affordable rental and fee-simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. Discussion: Granting this request will allow Applicant to provide housing for his elderly relatives on the family farm, ensuring their safety and financial stability. Land Use: Goals (a) Designate and allocate land uses in appropriate proportions and mix in keeping with the social, cultural, and physical environments of the County. Standards (b) Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State land use district, compatibility with adjacent zoned uses, availability of public services and utilities, access and public need. Land Use — Agriculture: Goals (b) Preserve the agricultural character of the island. Policies (g) Land zoned for use in the Rural District shall be expanded, where appropriate. Discussion: The Property is appropriate for the proposed project. It is a nonconforming lot,just over 2 2/3rds acre in size.The purpose of the requested change of zone to RA-la is to accommodate a proposed subdivision of the Property. The land use change applications have been prepared based on a review of the General Plan, district goals and compatibility with adjacent uses. All 17 McClary Application for Change of Zone public services and utilities are available to the Site. Preliminary discussions with DWS indicate that water can be made available to the proposed new lot, which would take access from Makalika Street. The proposed change to RA-la zoning would preserve the character of the surrounding area. 5. General Plan Designation (LUPAG Map); The Property is designated Low Density Urban (See figure 5). 6. Zoning: The Site is zoned A-3a (See Figure 6). 7. Community Development Plan; The property is part of the Hilo Community Development Plan. The General Plan has designated this area Low Density Urban. 8. Special Management Area: The Property is not situated within the SMA. It is approximately 4 miles inland from the ocean at its closest point. 18 McClary Application for Change of Zone . • 4 :44 , A •. . sir I+ 7,7. I i11C. • -= •w . 2 d= • 7 ;7. !!" • • 2 - _ - r2 • -5 2 E (0 U Figure 5: LUPAG map 19 McClary eof z Applicationofner Change 1111 cu re) III 11111111 INIIIIRII imiormi ., 111sp ftriali.. gl)1fi1l1111N11i1r1 aM ll ft- ..T1 loft illiffil lira ill Valli/ NIL fill/ millinfillf is v fit/I _.-_.. . , . , ... .,.. , . .. .. . , . , .. . . ca I ...,s .,,-..., 11111i k: 1 VONO VAIN Is i VI ' V iallp Figure 6: Zoning- Map 20 N.,...,, McClary Application for Change of Zone C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA Physical Characteristics/Environmental Setting: 9. Description of subject property, location, climate, topography, slope, soils (including size, shape, existing structures): Location: The subject property is bounded by like sized acreage on three sides with Makalika Street on its northerly side where it takes access. The street address is 200 Makalika Street, Hilo, Hawaii 96720. (See Figure 7). The parcel is rectangular in shape and has approximately 2.73 acres in land area. The Property is located between Mamalahoa Highway and Railroad Avenue. There are three existing structures, including a 1392 sq. ft. single family home (built 1959), a 672 sq. ft. ohana (built 1985) and a 660 sq. ft. open carport. Surrounding land uses include the Nani Mau Gardens and the Big Island Delights bakery to the east of the Property, as well as a general mix of low density residential and agricultural use. In the immediate vicinity of the Property there is Residential & Agricultural zoning (RA-.5a and RA-1a) Agricultural zoning (A-la, A-3a, and A-10a) and Family Agriculture ("FA-3a") zoning as well as a successful subdivision, due to variance, three properties to the east. A Google Earth map showing an aerial view of the Property is included. (See figure 8). Climate: The elevation of the Site is over 210 feet above mean sea level. The mean annual rainfall is approximately 126 inches; the wetter months are generally November through April. The mean temperature is between 70 and 75 degrees Fahrenheit. Topography: The topography of the Site is relatively flat. Slope: The slope of the Site is 0-2%. Soils: Papai extremely cobbly highly decomposed plant material. 21 McClary Application for Change of Zone i ell t' --- --- l'IC) h0.1' uk -••-' "'I''''''-. 1- 42 •-7 127•4* kkarr ; 0.....r —.. L -; ....... — ; ;,Z ti r• ,.. '',., ... It 4. 0 ••• ,44 i ...4 • .•4 .- 4 .". 3 64 2 4 c; 1 - 6 , (f4)I-• 2:7, I '4 / I 3 ;.. 7 I: itt. 7 t • 4 L2-.= 1 ,,,__ .,,,,. .:', ,...7.16 ..:!, ' ; : .14 .i 4 .1 3•I-3 • . .. 4, .ci.• ! ,1,..R. 1 , •, „ R.f.s'• •: • -• :-.,i ' .. .. r t.-. .... -- . . erYi .. 7.• ., :I - ', : 1 Z. I i'. .. ! • li It . , . - ,-• :, i , ' i'• .,;. - .: " ' :,. • O r -.. .4 _._ .. '... .. .. . 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'4 / 7.-k I-:. .,.._...-3.•;1-';'"-..- ... ... . r......k. 4. -. 4 • WS :; ;I': ,_..m._---L.-- ': nk," • '• -" : - 4 _.- ---- --; —— 1 ; __----- ; .1 : ; AvOlfr•^' .r- al k „, -,.•-'. 11•A 11 ' 140e011-6W r •— '1 _ .., ,,- ..-., ',-),-- . ----—--------4.,-, Figure 7: Location Map 22 McClary Application for Change of Zone ..- .J' •5,-,,, , , ,;3,4 f•Al 1,,, ' .'.;" Richardson 0,..7.:an Pa'1, 4? 4, h ihho 14,4,„.,edy $114.1.0d ii..1-1, 4( i' -\,' Wailliktr R,i.er F;s-Ier y ,.., t.;.L ..... i - Idly Foternational Airport ow F all& .1-1 Wit110a Fi) ei State'1'il4k , Kati(TLasia Sr r,--gs -..% :_‘ 'A. k.1kuana.n.St ....•,_ 7, ,.... ,..t: -k- 4.E'L sk- ., "C,.. .'...). 7 ..? 1 51 z. -6.t. 5. 6 ,t. t cl E Pakal Si E u-. -4 II•lill SE tea Makalika St -,5.,.., v.., c:,,,, .., -c--- .,,,t,Iro) ...„. ,..N.,,,o .4. ,h ,- ‘,. 't-VP 4.Y. _cf --.. (II., CfiP Kea au (17) ve (7700q1C / Kurlie3twri 'V' Figure 8: Google Earth Map 23 McClary Application for Change of Zone 10. Lava Hazard Zone: The United States Geologic Survey ("USGS") classifies the Property as Lava Flow Hazard Zone 3, on a scale of ascending risk, 9 being the lowest risk and I being the highest. 11. Distance from Shoreline: The Property is approximately 4 miles inland from the ocean at its closest point. 12. Agricultural Lands of Importance to the State of Hawaii ("ALISH") designation: The property has not been designated and is considered unclassified. The proposed land use changes will not affect the productive nature of the Property. As mentioned above, Applicant has a fairly recovered avocado orchard and several various fruit trees. 13. USDA Natural Resources Conservation Services Soil Service Report Soil Type: The Soil Survey Report classifies the soil Papai extremely cobbly highly decomposed plant material. The Papai series consists of deep and very deep, well drained soils consisting of organic material over fragmental 'a'a lava substrata at a shallow depth. These soils are forested or used for pasture, macadamia nut trees or papaya. 14. Land Study Bureau ("LSB") Soil Rating: The Property is unclassified. (See Figure 9) 15. Flood Insurance Rate Map ("FIRM") Designation: The FIRM designation of the Site is Zone "X", which means that it is outside the 500-year flood plain (See Figure 3). It is situated approximately 4 miles inland from the ocean at its closest point. The Site is also outside the Civil Defense Tsunami Evacuation Zone. 16. Existing Drainage ways or Improvements: There are no known drainage ways crossing the Property. The Flood Hazard Assessment Tool Map is attached (See Figure 3). Applicant is not aware of any flooding issues affecting the Property. 24 McClary Application for Change of Zone '0 k,.. ,44'‘8 , `-,, .f.1.t*,N t, s \ '• , ,. I , .,, - N )-, , - •:"\ ''," -.."-. t ,. , kk'i,'t 0.1.'0 V% , .„e->,,, ...). '`. 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''''''t4' , AS 11,..., chs,. - or„„,-;-..'".-. •,,,t ,,,,.. , .',:,.„. '.......,24.gt. ,L'1 . 1,:...A.Lf,::.-....„....1.- n•-,,, .--: .,1',,\ _ _...-..,, t,.„ ere;...„,..Tria,,,,-,r,441.tel 0 .;„ .,,,,. .., . ..e.....-5,1, ,,,_ ,.., .„,„,-,.. .4- ..,-,..: 4,,,- , ...,-- ,-;-,_..,......--- 1 ..,..= ..I.L.Livi,...-,..—..-.••-_-,45,. e ',..t,r,,,,, -- t.'• ',ke: -',;:.•..,•-•',..„,,,,-c>- ,,---i-."--,` 1-'' ... ',..---- ' - ,r, 1 * .7 "•-4', L- ,r..r$„, ••%,VI , ...- ,, ; i.1 c.-,...,"....,...4....-k. - N.. A, • .1:9 a I 4 1:: a a ,-, rT, ro rcl ttl 4.e _ sn tlt , Ri, 7.1 (A ' f...j WI .... I.' i.0, ..4 .- -.1 -2 ,, ,,,, ,,,, a u, IA — g -5 a I _ 0 2 d — 4,4 cle) 4,- hngg,1 P 9:3 0 .F, 1 ' 1 1.' ts OD t (4 J rq-r. •-'11,t, CC 1 ii, ..1 LA - 0 ul i ...1 ,... .., , -... ,.1 25 Figure 9: LSB map McClary Application for Change of Zone 17. Air/Noise/Water- Quality: The proposed project is not expected to have a significant effect on air or water quality, nor is it expected to be a significant noise generator. It is unlikely that agricultural or other use of the proposed new lot will generate enough noise to be problematic. Historic Resources: 18. Existing Archaeological, Cultural or Historic Sites on National or State Register: The Site has been used for residential/agriculture purposes since 1959, when the existing dwelling was constructed. The property has been extensively cultivated since. An ohana was subsequently built in 1985. As such, the existence of any surface or subsurface archaeological remains is extremely unlikely. The existing dwelling is not historically significant and is not listed on the National or State Register of Historic Places. A no-effect determination relating to architecture was requested by the Department of Land and Natural Resources Historic Preservation Division on April 8, 2015. A reply to this request was received post marked May 13, 2015. (Exhibit 4) Natural Resources: 19. Existing Flora/Fauna Resources: The existing dwelling is located on the north 1/3rd of the property. There is sod from the street to the home, with pineapples, hapu'u and various flowers. Scattered in locations around the house are various trees, including citrus trees, lychee trees, avocado trees and a banana grove. The southern 2/3rds of the Property consist of revitalized avocado, various fruit and other trees. The parcel has been extensively disturbed by over 50 years of residential and agricultural use and the only vegetation on the Site appears to be made up of introduced species. Due to the history of extensive disturbance, it is highly unlikely that the parcel contains any habitat for any federally or State listed candidate or proposed threatened or endangered plant or animal species. 20. Scenic or Coastal Resources: The Property is not a coastal property and there is no access to either the mountains or the ocean from or through it. There is no view of the shoreline from the Property Valued Cultural Resources: 26 McClary Application for Change of Zone 21. Identify any traditional and customary native Hawaiian rights that are exercised in the area; the extent in which the proposed development will affect these rights; and feasible action to be taken to protect native Hawaiian rights if they exist: Applicant is not aware of any traditional and customary native Hawaiian rights that are exercised in the area as it has been in residential use for over 50 years. Public Access: 22. Existing public access to and along the shoreline or to mountain areas and knowledge of public access being used: There is no existing public access to and along the shoreline or to mountain areas through or proximate to the Property. Social-Economic Characteristics: 23. Social Settlement Pattern for the Area: Until the 1950's the subject area was mostly forested. After subdivision lots were sold predominately as family farms. Early on, Macadamia nut orchards were prominent and successful but a price drop coupled with poor soil and escalating fertilizer costs required these farmers to obtain an outside source of income changing the area to a mixture of residential/agriculture. 24. Economic Resources of the Area: Sugar was once the principal crop grown in South Hilo until the closing of Hilo Coast Processing Company in 1984. A diversified agricultural industry has since emerged to make productive use of the former sugarcane lands. The flower, foliage and nursery industry is the leading diversified agriculture industry in the state. The South Hilo district is well-known for the cultivation of flowers and nursery products. Anthuriums, orchids and landscaping plants are just some of the many types of foliage being grown within the district. Because of proximity to the marketing area of Hilo, numerous commodities such as vegetables, ginger root and flowers are grown in South Hilo. 25. Land Values: According to the Hawaii County Real Property Tax website, land values of agriculturally-zoned parcels in the immediate area range from $180,000 to $280,000 27 McClary Application for Change of Zone Surrounding Lands: 26. Land Use: Aside from the Nani Mau Gardens and Big Island Delights Bakery, surrounding land uses are generally a mix of agricultural and residential. 27. Zoning: As described above, the surrounding areas are situated within the Agricultural District and have various agricultural zoning (i.e., RA-.5a, RA-la, A-la, A-3a, A-10a and FA-3a). Lot sizes in the immediate area range from 38,000 square feet to over 20 acres. D. PUBLIC FACILITIES AND SERVICES 28. Description of Access: The Property takes access from Makalika St. Makalika St. is county owned and enjoys a 50 ft. right of way with a 20+ft. paved two lane roadway. The requested land use changes, if approved, would result in one additional lot taking access from Makalika Street. 29. Availability of Water: Preliminary discussions with DWS indicate that water can be made available from existing waterlines on Makalika Street. 30. Sewage Disposal: There is no municipal sewer service at this Site. As such, any new residential construction would be required to install an individual wastewater system. 31. Solid Waste: The nearest solid waste facility is the East Hawaii Regional Sort Station located at 1651 Ho'olaulima Road, Hilo, Hawaii. 32a. Police and Fire Protection: The Site is located within the service areas of the County Hilo Fire and Police Stations. 28 McClary Application for Change of Zone 32b. Schools: The Property is located in the Waiakea school zone. This zone is served by Waiakeawaena Elementary School, Waiakea Intermediate School and Waiakea High School. The proposed project will result in an increase of one lot, which may be developed with a single family home for Applicants elderly relatives. The Project is not expected to result in impacts to the school system. 33. Parks: Pana'ewa Rainforest Zoo is the only natural tropical Zoo in the United States and also boasts a new children's playground. Malama Park is also close by and has archery facilities. Panaewa Recreational complex amenities include an outdoor recreational complex, including facilities for baseball and soccer. A new gymnasium is a wonderful addition to this park. In addition the Panaewa Equestrian Center is nearby with horse stall rental and equestrian related amenities are offered 34. Other utilities and Services: All utilities (electric, phone and cable) are available via overhead lines along Makalika Street. E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS 35. Relationship between local short term uses of environment and maintenance and enhancement of long term productivity: The Property has been used for residential and subsistence agriculture purposes for many years. Prior to residential use, it is likely that it was also used for pasture. If the proposed land use changes are approved, and the Applicant is allowed to subdivide the Property, the long term use of the Property for residential and agricultural purposes would continue to be appropriate. The proposed land use changes would allow the Applicant to provide housing for his elderly relatives. Also, he would be able to provide disposition of assets to his two daughters ensuring Property remains a family farm. 36. Mitigative Measures proposed to avoid, minimize, rectify or reduce impact: Applicant has not identified any significant impacts that the proposed land use changes might have on resources or public services. 29 McClary Application for Change of Zone 37. Alternatives to the proposed development: Alternatives to the proposed development include the following: Leaving the Property as-is: Under this alternative, Applicant would not be able to divide his Property into two lots. This would not allow the applicant to fulfill his responsibilities to his elderly relatives. It would also make it more difficult for future division of property between his two daughters and future family farming. Rezoning to a different zoning district: Applicant could request residential zoning. However due to the makeup of the surrounding land uses and community, this alternative would not be practical and would have a low likelihood of being approved. Additionally, the Property and surrounding properties are generally used for agricultural and residential purposes. Applicant has no desire to create an urban enclave within a larger rural and agricultural area. 38. Irreversible and irretrievable commitments of natural resources that would be involved if proposed action implemented: The Site has been in residential and subsistence agricultural use for over 50 years and is situated within a rural area consisting largely of residences, small farms and commercial businesses. Due to the previous residential and agricultural use of the Property, it is not likely that there are any natural resources relating to the Property that would be irreversibly and irretrievably committed should the requested change of zone be approved. 30 McClary Application for Change of Zone FIGURE and EXHIBIT INDEX Figure 1: State Land Use District Boundary Map (page 12) Figure 2: General Plan Land Use Pattern Allocation Guide Map (page 13) Figure 3: FHAT Report (page 15) Figure 4: Lava Flow Hazard Zones (page 16) Figure 5: LUPAG Map (page 19) Figure 6: Zoning Map (page 20) Figure 7: Location Map (page 22) Figure 8: Google Earth Map (page 23) Figure 9: LSB Map (page 25) Exhibit 1: Location Map (page 8) Exhibit 2: (Plot Plan) Preliminary Schematic Subdivision Plan (page 9) Exhibit 3: DLNR Historic Preservation Division No Effect Letter Request Reply (page 32) Exhibit 4: Proof of Mailing and Reply Dates (page 33) Exhibit 5a: Metes & Bounds (page 34) Exhibit 5b: Metes & Bounds (page 35) Exhibit 6: Surrounding Owners/Lessees of Record Receiving Notice of Application (page 36-37) Exhibit 7: Certificate of Clearance (page 38) 31 McClary Application for Change of Zone .,,ezAvir.1 Ast 1DV,RA, ..:=TraA 41 ,04k 41,1Cl014# 40411r.";• ,... —4 - STATE OF IlAWAii DEP Alt'IMES OF AND NAT(AM.RESOURCUS. SiAlvtat TOM(PRESOIVAIMN DIVISION K AK)1111.1EWA BUILDIN6 KAW)Kit BLVD, TE 555 VOi at HAWAII ,f+7,7 April 28,201S Brad and Tierney:MeClary LOG NO.2015.01344 200 Makalika Street DOC NO: 504SN 13 14i/o.Ill 90720 Archaeology Dear Mr.and Mrs.hleClary: lfillECT: Chapter OE-42 Historic Preservation Review— Request for a.Letter of No Effect for Subdivision Wainken Abitpuen.South tido District.Island of Hawai`i 'FMK:.0)2-2-052W27 "fhank yo a fair the opportunity to provide comments cm sour request for a letter of 110 c,IliVer tor your proposed subdivision that was received by our office on April 8.201:5. According to your letter.the 2.73-acre parcel will he rezoned and subdivided into two parcels.The project area is within the Panaewa House fats Subdivision. Our records indicate that this project area has not been subject To an archeological inventory survey.arra we have no records of any known historic properties in the general vleinity. We require additional information prior to being able to make a historic prnperties determination regarding your proposed remning.lsubdivision plans.Please submit your request for rezonina and proposed subdivision plans to the County of flawail who will then Kiward the appropriate request and materials to our office. We look forward to conducting our review of your rezoning'subdivision application. Please contact Sean Naleimaileat(800 955 w 0Segn.P.Naleimailtgiplt twaii gov if von have any questions concerns regarding this letter, Aloha. SVN,S. 4.""N. IsaLltrip Susan A Leho,PhD Oahu Lead Archaeologist Acune ArchaMogy Branch Chief Exhibit 3: DLNR Historic Preservation Division No Effect Letter Request Reply 32 McClary Application for Change of Zone r _ A _w � ` p --i.- (..) M1 v t NWo = 5F 'f .4 ST9E SGTT GLCG 06E hTGL p o m-❑ o 13ra .J § tU r tf g I 1 -1 (4 IIi` 1 . O ^ � x,12 $ um v a Cr O d X1ai d v O E m 1 •i it d cc g 11111 ....1 Cy3 . Z _- O CY C - - y F — r, _ is1,0 .-5. > iM▪ mt J mI &N5i§w -' '*` 0 Oom3 m E ECEPRR- 1a -, ;1_ 2 �: m � o d id aomE ..i.: .T m mo w om�_ } j ...3 g oo¢c=sac Y` Q. 'mY c a a o' a 3 'Q. a t 2 t� `3 =1 N I Exhibit 4: Proof of Mailing and Reply Dates 33 McClary Application for Change of Zone EXHIBIT"A" ALL OF THAT CERTAIN PARCEL OF LAND (BEING A PORTION OF THE GOVERNMENT (CROWN) LAND OF \\`AIAKEA) SITUATE A°I'"PANAEWA, WATAKE.A, IN THIS DISTRICT OF SOUTH 1111 C), ISLAND. COUNTY AND STATE OF HAWAII. BEING LOT NUMBER `T`HIRT'Y-FIGHT (35) or, PANAEWA HOUSE LOTS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A I-INCH PIPE AT THE NORTIIWEST CORNER OF THIS LOT. THE NORTHEAST CORNER OF LOT 39 OF PANAEWA HOUSE LOTS AND ON THE SOUTH SIDE OF GOVERNMENT ROAD (50.00 FEET WIDE), THE COORDINATES 01 SAID POINT OF BEGINNING REFERRED TO GOVERNMENT SURVEY "TRIANGULATION STATION "HALAI" BEING 16907.75 FEET SOUTH AND 12998.37 FEET EAST, AS SHOWN ON GOVERNMENT SURVEY REGISTERED MAP H.T.S. PLAT 922, THENCE RUNNING BY AZIMUTHS MEASURED CLOCKWISE FROM TRUE SOUTH:- 1. 251 00' 221.24 FEET ALONG THE SOUTH SIDE OF GOVERNMENT ROAD(50.00 FEET WIDE)TO A I-INCH PIPE; 2. 341'' 04° 538.27 FEET ALONG LO T 37 OF PANAEWA HOUSE LOTS TO A 1-INCH PIPE_: �. 71' 00' 221.24 FEET ALONG LOT 51 OF PANAEWA HOUSE LOTS FO A 1-INCH PIPE: 4. 1614* 00' 538.27 FEET ALONG LOT 39 OF PANAEWA HOUSE LOTS 10 THE POINT OF BEGINNING AND CONTAINING AN AREA OF 2.73 ACRES. BEING ALL OF TI IF PREMISES CONVEYED BY: (1) DEED WITH RESERVATION OF LIFE ESTATE RECORDED MARCH 27.2001 AS REGULAR SYSTEM DOCUMENT M). 2001-042838 OF OFFICIAL. RECORDS. AS ASSIGNEE) BY DEED RECORDED MAY 27. 2009 AS RIC UI"AR SYSTEM DOCUMENT NO.2009-081230 OF OFFICIAL RECORDS_ GRANTOR: E SUT'O'MV NISHIZAKI AND YUKIE °SHIRO NISHIZAKI. HUSBAND AND WIFE GRANTEE:EE: JUDITH ANN TOM. TRUSTEE OF' THE JUDITH ANN TOM GST EXEMPT TRUST DATED MARCH '2001 (2) DEED OF LIFE ESTATE RECORDED JUNE. 18. 2009 AS REGULAR SYSTEM. DOCUMEN 1'NO.2009-093041 OF OFFICIAL RECORDS. 9 Exhibit 5b: Metes & Bounds 35 McClary Application for Change of Zone William P. Kent,i - 0, Nam,. E.Crawford • . .Ctr•t•,....:•114•*, romme/Pm<fr . • Deanna S.Sako "e',,,,e1:• 1 Peploy areck, !?'-i.P• • County of Hawaii DEPARTMENT OF FINANCE-REAL PROPERTY TAX Auptm Cotter • (fl 'mtt1•1 SifiAl • SWIG NO.4 • kilo, 96120 • f as.ISC:R1 06144 Apomil,,r; I8) 1-&54 • Cie:11,ml 008)96i-8201 • 0111:m0,,ns(808)961-R282 Celle!' • -%4•503.= Hwy, • Bldg.l),,Thd HT, • K.alltiJ<oria.1-11w:,i'i 96740 Fax(K.)8)327-353S • Appraise44,4RoS)323-081 * Clori,.-41(8481 323-4411 14 w 11;:w4mproNr1yum REAL PROPERTY TAX CLEARANCE (Rev. 07/13) Date: July 16, 2015 TMK(s): (3) 2-2-052-027-0000 This is to certify that the real property taxes due to the County of Hawaii on the parcel(s) listed above have been paid for the tax year 2015-2016, up to and including December 31, 2015, The County's real property taxes are levied on July 1 each year. The taxes become a lien on the property assessed as of the levy date. • This clearance was requested on behalf of Brad McClary (Owner(s) of record) and is issued for this/these parcel(s)only. By Pualani Crawford, Tax Clerk REAL PROPERTY TAX DIVISION • Paid up to and including December 31, 2015 . 7 Countyh art Equal Opportunity Prnyider inul Employer Exhibit 7: Certificate of Clearance 38 20 rISL/N7 ;; P� `'; 2 1DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII COUN HfWAif DATE: September 10, 2015 TO: Duane Kanuha, Planning Director FROM: Department of Public Works, Engineering Division 9 g SUBJECT: CHANGE OF ZONE APPLICATION (REZ 15-000193) Applicant: Brad McClary Request: A-3a to RA-la Tax Map Key: 2-2-52: 027 We have reviewed the subject application forwarded by your memo dated August 13, 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 (Ordinance No. 187) classifies Makalika Street as a collector with an existing right-of-way width of 50 feet. Driveway access shall conform to Chapter 22, County Streets, of the Hawaii County Code and will require a permit from the Department of Public Works. Questions may be referred to Kelly Gomes at ext. 8327. Planning Dept. Exhibit County of Hawaii is an Equal Opportunity Provider and Employer �F WAiER" n•r,�,�'�""b,SGA 3• A•* 19 49, `�o DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAi`1 G"FypFH wp?P�°� 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720 TELEPHONE (808) 961-8050 • FAX (808) 961-8657 August 25, 2015 27.7 TO: Mr. Duane Kanuha, Director Planning Department FROM: Keith K. Okamoto, Manager—Chief Engineer SUBJECT: CHANGE OF ZONE APPLICATION(REZ-15-000193) APPLICANT—BRAD McCLARY REQUEST: A-3a TO RA-la TAX MAP KEY 2-2-052:027 We have reviewed the subject application and have the following comments and conditions. Water can be made available from the an existing 12-inch waterline within Makalika Street fronting the subject property in accordance with the Department's existing water availability conditions, which are subject to change without notice. Therefore, pursuant to Rule 5 of the Department's Rules and Regulations, a copy of which is being forwarded to the applicant,a water commitment may be issued. Based on the one(1)additional unit requested in the proposed 3-lot development, the required water commitment deposit is $150.00. Remittance by the applicant of the$150.00 is requested as soon as possible so that a water commitment may be formally issued. The commitment will be in writing with specific conditions and effective dates stated. Please keep in mind that this letter shall not be construed as a water commitment. In other words, unless a water commitment is officially effected, water availability is subject to change without notice, depending on the water situation. For your information,final subdivision will be subject to the following conditions: 1. Construct necessary water system improvements,which shall include, but not be limited to: a. service lateral that will accommodate a 5/8-inch meter to front each lot, b. subject to other agencies' requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development, the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities, should they be necessary, and c. fire hydrants spaced no more than 600 feet apart. Submit construction plans, prepared by a professional engineer licensed in the State of Hawai`i, for review and approval. H t �t , ( �, 1 10060 - . /Water,ater, Our n,fo t. Precious acs c urcc ?Ka 'alai ai: Kane . ,F. partrF.r: a_ ,, ;y s -n cc,�_: ;r_ -„ , ��, �� _ ar,o cFtt .�F'^ yrer Mr. Duane Kanuha, Director Page 2 August 25, 2015 2. Remit any facilities charge balance due,which is subject to change, as shown below: FACILITIES CHARGE(FC): One(1) existing service paid One(1) additional unit at$5,500.00/unit 5,500.00 Total FC $5,500.00 3. 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, E. Manager-Chief Engineer TS:dfg copy— Mr. Brad McClary(w/copy of Rule 5 of the Rules and Regulations) OE WATER • Nti 019 49 §.o DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII Gyl�ppHAWp\\�P 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720 TELEPHONE (808) 961 -8050 • FAX (808) 961-8657 ry •-J September 9, 2015 O 27.- C -v Mr. Brad E. McClary 1 200 Makalika Street 1 T' Hilo, HI 96720 Z �. WATER COMMITMENT DEPOSIT CHANGE OF ZONE APPLICATION NO. 15-000193 APPLICANT—McCLARY,BRAD TAX MAP KEY(3)2-2-052:027 This to acknowledge receipt of the required $150.00 water commitment deposit for a commitment time extension for the proposed development. Pursuant to Rule 5 of the Department's Rules and Regulations, a water commitment time extension for the proposed development in the amount of 400 gallons per day, or one(1)additional unit of water at an average of 400 gallons per day, per unit, is herby granted until August 31, 2018, with the following conditions: 1. Construct necessary water system improvements, which shall include, but not be limited to: a. service lateral that will accommodate a 5/8-inch meter to front each lot, b. subject to other agencies' requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development,the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities, should they be necessary, and c. fire hydrants spaced no more than 600 feet apart. Submit construction plans,prepared by a professional engineer licensed in the State of Hawai`i, for review and approval. 2. Remit any facilities charge balance due, which is subject to change, as shown below: FACILITIES CHARGE (FC): One (I) existing service paid One (1) additional unit at$5,500.00/unit 5,500.00 Total FC $5,500.00 WATER COMMITMENT DEPOSIT CREDIT (WCD): One (1) additional unit at$150.00/unit paid 1 time $(150.00) Facilities Charge Balance $5.3.50.00 SEP 1 2015 Planning Dept. 0Q 8 ' L . . .`Water, Our Most Precious Resource . . . 7(a Meat?l.pane . . . Exhibit "• ' The Department of Water Supply is an Equal Opportunity provider and employer. Mr. Brad E. McClary Page 2 September 9, 2015 This is due and payable upon completion of the installation of the required water system improvements and prior to final subdivision approval being granted. For your information, water commitment deposits are credited towards the final facilities requirement for the development. Note that the amount of water commitment deposit may exceed the prevailing facilities charge amount; for example, when requests for time extensions continue and are approved. Until the development is finally completed,these are separate and unrelated items. In the event that water commitment deposits exceed the facilities charge, no refunds are applicable. Please note that separate dwellings shall not share a 5/8-inch meter and that, for parcels receiving water service,the plumbing for separate dwelling shall not be interconnected in any way. 3. Submit the appropriate documents, properly prepared and executed,to convey the subdivision water system improvements and necessary easements to the Water Board of the County of Hawaii prior to final subdivision approval being granted. A registered land surveyor shall stamp and certify the metes and bounds description within the conveyance documents. However, prior to water meter services being granted to the development or any lots within, the conveyance documents shall be accepted by the Water Board. Should there be any questions, please contact Mr. Troy Samura of our Water Resources and Planning Branch at 961-8070, extension 255. Sincerely yours, Keith K. Okamoto, P . Manager-Chief Engineer TS:dfg copyVlanning Department • William P. Kenoi = off''`+ "4w4 ', r : F xis Darren J. Rosario Mayor ; ' �� 1 Fire Chief Renwick J.Victorino fjq wo!�PJ r. t n i ,4 Deputy Fire Chief :;;;,4 ~. County of 4)athai`i HAWAII FIRE DEPARTMENT 25 Aupuni Street•Suite 2501•Hilo,Hawaii 96720 (808)932-2900•Fax(808)932-2928 August 20,2015 TO: DUANE KANUHA,PLANNING DIRECTOR FROM: DARREN J. ROSARIO, FIRE CHIEF SUBJECT: Change of Zone Application(REZ 15-000193) Applicant: Brad McClary Request: A-3 a to RA-la Tax Map Key:2-2-052:027 In regards to the above-mentioned Change of Zone application,the following shall be in accordance: NFPA 1, UNIFORM FIRE CODE,2006 EDITION Note: Hawai`i State Fire Code, National Fire Protection Association 2006 version, with County of Hawai`i amendments. County amendments are identified with a preceding "C--" of the reference code. Chapter 18 Fire Department Access and Water Supply 18.1 General. Fire department access and water supplies shall comply with this chapter. For occupancies of an especially hazardous nature, or where special hazards exist in addition to the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, or areas where there is an inadequate fire flow, or inadequate fire hydrant spacing, and the AHJ may require additional safeguards including, but not limited to, additional fire appliance units, more than one type of appliance, or special systems suitable for the protection of the hazard involved. 18.1.1 Plans. 18.1.1.1 Fire Apparatus Access. Plans for fire apparatus access roads shall be submitted to the fire department for review and approval prior to construction. 18.1.1.2 Fire Hydrant Systems. Plans and specifications for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction r N,awa,, Dept. Ei ' � 0 0 5 � G'.� .1�posc ' ExhibitHawai'i County is an Equal Opportunity Provider and En) yer. "'_" Duane Kanuha August 20, 2015 Page 2 C-j 18.1.1.2.1 Fire Hydrant use and Restrictions.No unauthorized person shall use or operate any Fire hydrant unless such person first secures permission or a permit from the owner or representative of the department, or company that owns or governs that water supply or system. Exception: Fire Department personnel conducting firefighting operations, hydrant testing, and/or maintenance, and the flushing and acceptance of hydrants witnessed by Fire Prevention Bureau personnel. 18.2 Fire Department Access. 18.2.1 Fire department access and fire department access roads shall be provided and maintained in accordance with Section 18.2. 18.2.2* Access to Structures or Areas. 18.2.2.1 Access Box(es). The AHJ shall have the authority to require an access box(es)to be installed in an accessible location where access to or within a structure or area is difficult because of security. 18.2.2.2 Access to Gated Subdivisions or Developments. The AHJ shall have the authority to require fire department access be provided to gated subdivisions or developments through the use of an approved device or system. 18.2.2.3 Access Maintenance. The owner or occupant of a structure or area, with required fire department access as specified in 18.2.2.1 or 18.2.2.2, shall notify the AHJ when the access is modified in a manner that could prevent fire department access. 18.2.3 Fire Department Access Roads. (*may be referred as FDAR) 18.2.3.1 Required Access. 18.2.3.1.1 Approved fire department access roads shall be provided for every facility, building, or portion of a building hereafter constructed or relocated. 18.2.3.1.2 Fire Department access roads shall consist of roadways, fire lanes,parking lots lanes, or a combination thereof. 18.2.3.1.3* When not more than two one- and two-family dwellings or rivate garages, carports, sheds, agricultural buildings, and detached buildings or structures 400ft` (37 m2) or less are present, the requirements of 18.2.3.1 through 18.2.3.2.1 shall be permitted to be modified by the AHJ. Duane Kanuha August 20,2015 Page 3 18.2.3.1.4 When fire department access roads cannot be installed due to location on property, topography, waterways,nonnegotiable grades, or other similar conditions, the AHJ shall be authorized to require additional fire protection features. 18.2.3.2 Access to Building. 18.2.3.2.1 A fire department access road shall extend to within in 50 ft(15 m) of at least one exterior door that can be opened from the outside that provides access to the interior of the building. Exception: 1 and 2 single-family dwellings. 18.2.3.2.1.1 When buildings are protected throughout with an approved automatic sprinkler system that is installed in accordance with NFPA 13, NFPA 13D, or NFPA 13R, the distance in 18.2.3.2.1 shall be permitted to be increased to 300 feet. 18.2.3.2.2 Fire department access roads shall be provided such that any portion of the facility or any portion of an exterior wall of the first story of the building is located not more than 150 ft (46 m) from fire department access roads as measured by an approved route around the exterior of the building or facility. 18.2.3.2.2.1 When buildings are protected throughout with an approved automatic sprinkler system that is installed in accordance with NFPA 13, NFPA 13D, or NFPA 13R, the distance in 18.2.3.2.2 shall be permitted to be increased to 450 ft(137 m). 18.2.3.3 Multiple Access Roads. More than one fire department access road shall be provided when it is determined by the AHJ that access by a single road could be impaired by vehicle congestion, condition of terrain, climatic conditions, or other factors that could limit access. 18.2.3.4 Specifications. 18.2.3.4.1 Dimensions. C- 18.2.3.4.1.1 FDAR shall have an unobstructed width of not less than 20ft with an approved turn around area if the FDAR exceeds 150 feet. Exception: FDAR for one and two family dwellings shall have an unobstructed width of not less than 15 feet, with an area of not less than 20 feet wide within 150 feet of the structure being protected. An approved turn around area shall be provided if the FDAR exceeds 250 feet. C- 18.2.3.4.1.2 FDAR shall have an unobstructed vertical clearance of not less then 13ft 6 in. C- 18.2.3.4.1.2.1 Vertical clearances may be increased or reduced by the AHJ, provided such increase or reduction does not impair access by the fire apparatus, and approved signs are installed and maintained indicating such approved changes. Duane Kanuha August 20, 2015 Page 4 18.2.3.4.1.2.2 Vertical clearances shall be increased when vertical clearances or widths are not adequate to accommodate fire apparatus. C- 18.2.3.4.2 Surface. Fire department access roads and bridges shall be designed and maintained to support the imposed loads (25 Tons) of the fire apparatus. Such FDAR and shall be comprised of an all-weather driving surface. 18.2.3.4.3 Turning Radius. C- 18.2.3.4.3.1 Fire department access roads shall have a minimum inside turning radius of 30 feet, and a minimum outside turning radius of 60 feet. 18.2.3.4.3.2 Turns in fire department access road shall maintain the minimum road width. 18.2.3.4.4 Dead Ends. Dead-end fire department access roads in excess of 150 ft (46 m) in length shall be provided with approved provisions for the fire apparatus to turn around. 18.2.3.4.5 Bridges. 18.2.3.4.5.1 When a bridge is required to be used as part of a fire department access road, it shall be constructed and maintained in accordance with county requirements. 18.2.3.4.5.2 The bridge shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. 18.2.3.4.5.3 Vehicle load limits shall be posted at both entrances to bridges where required by the AHJ. 18.2.3.4.6 Grade. C- 18.2.3.4.6.1The maximum gradient of a Fire department access road shall not exceed 12 percent for unpaved surfaces and 15 percent for paved surfaces. In areas of the FDAR where a Fire apparatus would connect to a Fire hydrant or Fire Department Connection, the maximum gradient of such area(s) shall not exceed 10 percent. 18.2.3.4.6.2* The angle of approach and departure for any means of fire department access road shall not exceed 1 ft drop in 20 ft (0.3 m drop in 6 m) or the design limitations of the fire apparatus of the fire department, and shall be subject to approval by the AHJ. 18.2.3.4.6.3 Fire department access roads connecting to roadways shall be provided with curb cuts extending at least 2 ft(0.61 m) beyond each edge of the fire lane. Duane Kanuha August 20,2015 Page 5 18.2.3.4.7 Traffic Calming Devices. The design and use of traffic calming devices shall be approved the AHJ. 18.2.3.5 Marking of Fire Apparatus Access Road. 18.2.3.5.1 Where required by the AHJ, approved signs or other approved notices shall be provided and maintained to identify fire department access roads or to prohibit the obstruction thereof of both. 18.2.3.5.2 A marked fire apparatus access road shall also be known as a fire lane. 18.2.4* Obstruction and Control of Fire Department Access Road. 18.2.4.1 General. 18.2.4.1.1 The required width of a fire department access road shall not be obstructed in any manner, including by the parking of vehicles. 18.2.4.1.2 Minimum required widths and clearances established under 18.2.3.4 shall be maintained at all times. 18.2.4.1.3* Facilities and structures shall be maintained in a manner that does not impair or impede accessibility for fire department operations. 18.2.4.1.4 Entrances to fire departments access roads that have been closed with gates and barriers in accordance with 18.2.4.2.1 shall not be obstructed by parked vehicles. 18.2.4.2 Closure of Accessways. 18.2.4.2.1 The AHJ shall be authorized to require the installation and maintenance of gates or other approved barricades across roads, trails, or other accessways not including public streets, alleys, or highways. 18.2.4.2.2 Where required, gates and barricades shall be secured in an approved manner. 18.2.4.2.3 Roads, trails, and other access ways that have been closed and obstructed in the manner prescribed by 18.2.4.2.1 shall not be trespassed upon or used unless authorized by the owner and the AHJ. 18.2.4.2.4 Public officers acting within their scope of duty shall be permitted to access restricted property identified in 18.2.4.2.1. • Duane Kanuha August 20, 2015 Page 6 18.2.4.2.5 Locks, gates, doors, barricades, chains, enclosures, signs, tags, or seals that have been installed by the fire department or by its order or under its control shall not be removed, unlocked, destroyed, tampered with, or otherwise vandalized in any manner. 18.3 Water Supplies and Fire Hydrants 18.3.1* A water supply approved by the county, capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facilities or buildings, or portions thereof, are hereafter constructed, or moved into or within the county. When any portion of the facility or building is in excess of 150 feet(45 720 mm) from a water supply on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on- site fire hydrants and mains capable of supplying the required fire flow shall be provided when required by the AHJ. For on-site fire hydrant requirements see section 18.3.3. EXCEPTIONS: 1. When facilities or buildings, or portions thereof, are completely protected with an approved automatic fire sprinkler system the provisions of section 18.3.1 may be modified by the AHJ. 2. When water supply requirements cannot be installed due to topography or other conditions,the AHJ may require additional fire protection as specified in section 18.3.2 as amended in the code. 3. When there are not more than two dwellings, or two private garage, carports, sheds and agricultural. Occupancies, the requirements of section 18.3.1 may be modified by AHJ. 18.3.2* Where no adequate or reliable water distribution system exists, approved reservoirs, pressure tanks, elevated tanks, fire department tanker shuttles, or other approved systems capable of providing the required fire flow shall be permitted. 18.3.3* The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on a fire apparatus access road on the site of the premises or both, in accordance with the appropriate county water requirements. 18.3.4 Fire Hydrants and connections to other approved water supplies shall be accessible to the fire department. 18.3.5 Private water supply systems shall be tested and maintained in accordance with NFPA 25 or county requirements as determined by the AHJ. 18.3.6 Where required by the AHJ, fire hydrants subject to vehicular damage shall be protected unless located within a public right of way. Duane Kanuha August 20, 2015 Page 7 18.3.7 The AHJ shall be notified whenever any fire hydrant is placed out of service or returned to service. Owners of private property required to have hydrants shall maintain hydrant records of approval, testing, and maintenance, in accordance with the respective county water requirements. Records shall be made available for review by the AHJ upon request. C-- 18.3.8 Minimum water supply for buildings that do not meet the minimum County water standards: Buildings up to 2000 square feet, shall have a minimum of 3,000 gallons of water available for Firefighting. Buildings 2001- 3000 square feet, shall have a minimum of 6,000 gallons of water available for Firefighting. Buildings, 3001- 6000 square feet, shall have a minimum of 12,000 gallons of water available for Firefighting. Buildings, greater than 6000 square feet, shall meet the minimum County water and fire flow requirements. Multiple story buildings shall multiply the square feet by the amount of stories when determining the minimum water supply. Commercial buildings requiring a minimum fire flow of 2000gpm per the Department of Water standards shall double the minimum water supply reserved for firefighting. Fire Department Connections (FDC)to alternative water supplies shall comply with 18.3.8 (1)- (6) of this code. NOTE: In that water catchment systems are being used as a means of water supply for firefighting, such systems shall meet the following requirements: 1) In that a single water tank is used for both domestic and firefighting water, the water for domestic use shall not be capable of being drawn from the water reserved for firefighting; 2) Minimum pipe diameter sizes from the water supply to the Fire Department Connection (FDC) shall be as follows: a) 4" for C900 PVC pipe; b) 4" for C906 PE pipe; c) 3" for ductile Iron; d) 3' for galvanized steel. Duane Kanuha August 20,2015 Page 8 3) The Fire Department Connection(FDC) shall: a) be made of galvanized steel; b) have a gated valve with 2-1/2 inch,National Standard Thread male fitting and cap; c) be located between 8 ft and 16 ft from the Fire department access. The location shall be approved by the AHJ; d) not be located less than 24 inches, and no higher than 36 inches from finish grade, as measured from the center of the FDC orifice; e) be secure and capable of withstanding drafting operations. Engineered stamped plans may be required; f) not be located more than 150 feet of the most remote part, but not less than 20 feet, of the structure being protected; g) also comply with section 13.1.3 and 18.2.3.4.6.1 of this code. 4) Commercial buildings requiring a fire flow of 2000gpm shall be provided with a second FDC. Each FDC shall be independent of each other, with each FDC being capable of flowing 500gpm by engineered design standards. The second FDC shall be located in an area approved by the AHJ with the idea of multiple Fire apparatus'conducting drafting operations at once, in mind. 5) Inspection and maintenance shall be in accordance to NFPA 25. 6) The owner or lessee of the property shall be responsible for maintaining the water level, quality, and appurtenances of the system. EXCEPTIONS TO SECTION 18.3.8: 1) Agricultural buildings, storage sheds, and shade houses with no combustible or equipment storage. 2) Buildings less than 800 square feet in size that meets the minimum Fire Department Access Road requirements. 3) For one and two family dwellings, agricultural buildings, storage sheds, and detached garages 800 to 2000 square feet in size, and meets the minimum Fire Department Access Road requirements, the distance to the Fire Department Connection may be increased to 1000 feet. 4) For one and two family dwellings, agricultural buildings, and storage sheds greater than 2000square feet, but less than 3000 square feet and meets the minimum Fire Department Access Road requirements.the distance to the Fire Department Connection may be increased to 500 feet. • 4 Duane Kanuha August 20,2015 Page 9 5) For buildings with an approved automatic sprinkler system,the minimum water supply required may be modified. If there are any questions regarding these requirements, please contact the Fire Prevention Bureau at(808) 932-2911. Q4 DARREN J. ROSARIO Fire Chief CB:ds g , DAVID Y.IGE a=N VIRGINIA PRESSLER,M.D. GOVERNOR OF HAWAII 0 '+~rasa % DIRECTOR OF HEALTH I y _ Gffl{Ap¢', 'j ,x, 1 / STATE OF HAWAII DEPARTMENT OF HEALTH P.O.BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: August 20, 2015 TO: Mr. Duane Kanuha Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ-15-000193) Applicant: Brad McClary Request: A-3a to RA-la TMK: 2-2-052:027 The applicant would need to meet the requirements of our Department of Health Air Pollution Rules, Chapter 60.1, Title 11, State of Hawaii for fugitive dust control. If there is need to discuss these requirements, please contact our Clean Air Branch staff at Ph. 933-0401. The Department of Health (DOH), Clean Water Branch (CWB), acknowledges receipt of the subject document on date . The CWB has reviewed the limited information contained in the subject document and offers the following comments: Permit Issuance * Any project and its potential impacts to State waters must meet the State's: 1) Antidegradation policy, which requires that the existing uses and the level of water quality necessary to protect the existing uses of the receiving State water be maintained and protected; 2) Designated uses, as determined by the classification of the receiving State waters; and 3) Water quality criteria [Hawaii Administrative Rules (HAR), Chapter 11-54], PlanningDept. * A Section 401 Water quality Certification (WQC) is required if your Exhibit ''_ project/activity: - Requires a federal permit, license, certificate, approval, registration, or -• Statutory exemption; and - May result in a discharge into State waters. The term "discharge" is :`. E' f � 10 0 1- 2 ' 7 2 7 2095 a Duane Kanuha August 20, 2015 07(-9--- Page 2 of 4 defined in Clean Water Act, Subsections 502(16), 502(12), and 502(6). Ra Examples of"discharge" include,but are not limited to, allowing the following pollutants to enter State waters from the surface or in-water: solid waste, rock/sand/dirt, heat, sewage, construction debris, any underwater work, chemicals, fugitive dust/spray/paint, agricultural wastes, biological materials, industrial wastes, concrete/sealant/epoxy, and washing/cleaning effluent. Determine if your project/activity requires a federal permit, license, certificate, approval, registration, or statutory exemption by contacting the appropriate federal agencies (e.g. Department of the Army (DA), U.S. Army Corps of Engineers (COE), Pacific Ocean Division Honolulu District Office (POH) Tel: 808-835-4303; U.S. Environmental Protection Agency Tel: 415-947-8021; Federal Energy Regulatory Commission Tel: 866-208-3372; U.S. Coast Guard Office of Bridge Programs Tel: 202-372-1511). To request a Section 401 WQC, you must complete and submit the Section 401 WQC application. This application is available on the e-Permitting Portal website located at: https://eha-cloud.doh.hawaii.gov/epermit/. Please see HAR, chapter 11-54 for the State' Water Quality Standards and for more information on the Section 401 WQC. HAR, Chapter 11-54 is available on the CWB website at: http://health.hawaii.gov/cwb/. • National Pollutant Discharge Elimination System(NPDES) permit coverage is required for: -Storm water associated with construction activities for land disturbances of one (1) acre or more. Land disturbance includes, but is not limited to, clearing, grading, grubbing, excavation, demolition, uprooting of vegetation, equipment staging, and storage areas. -Storm water associated with industrial activities for facilities with Standard Industrial Classification Codes regulated in 40 CFR 122.26(b)(14)(i) through (ix) and (xi). -Storm water and certain non-storm water from a small Municipal Separate Storm Sewer System. -Discharges of water pollutants into State surface waters. Examples of these discharges include, but are not limited to, cooling water, hydrotesting waters, dewatering effluent, and process wastewater. -Discharges from the application of pesticides (including pesticides, herbicides, fungicides, rodenticides, and various other substances to control pest) to State waters. An application for an NPDES individual permit must be submitted at least 180 calendar days before the commencement of the discharge or start of construction .. Duane Kanuha August 20, 2015 Page 3 of 4 activities. To request and NPDES individual permit, you must complete and submit the NPDES individual permit application. This application is available on the e-Permitting Portal website located at: https://eha-cloud.doh.hawaii.gov/epermit/. A Notice of Intent (NOI) for coverage under a specific NPDES general permit must be submitted at least 30 calendar days before the commencement of the discharge or start of construction activities. To request NPDES general permit coverage, you must complete and submit the NOI. The NOI is available on the e-Permitting Portal website located at: https J/eha-cloud.doh.hawaii..ov/epermit/. Please see HAR, Chapter 11-55 for more information on the NPDES individual permit and NPDES general permits. The specific NPDES general permits located in HAR, Chapter 11-55, Appendices B through M. HAR, Chapter 11-55 and HAR, Chapter 11-55, Appendices B through M are available on the CWB website at: http://health.hawaii.aov/cwb/. • According to State law, all discharges related to the project construction or operation activities, whether or not NPDES permit coverage and/or Section 401 WQC are required, must comply with the State's Water Quality Standards. Monitoring • Effluent discharge and/or receiving water monitoring may be required as conditions of Section 401 Water Quality Certifications and NPDES General and Individual permits. Enforcement • Noncompliance with water quality requirements contained in HAR, Chapter 11-54 and/or permitting requirements specified in HAR, Chapter 11-55 may be subject to penalties of$25,000 per day per violation. • Violations of Hawaii Revised Statutes 342D and 342E may elicit administrative, civil and criminal penalties for such violations. Polluted Runoff Control • Manage projects identified in watershed-based plans that reduce polluted runoff and educate the public about nonpoint source pollution. Projects are selected through an annual request for proposals. Funding is provided by the EPA through the Clean Water Act. For more information on projects and funding opportunities, please visit: www.hawaii.gov/doh/pollutedrunoffcontrol. Duane Kanuha August 20, 2015 Page 4 of 4 If you have any questions, please contact Mr. Alec Wong, Supervisor of the Engineering Section, CWB, at (808) 586-4309. Construction activities must comply with the provisions of Hawaii Administrative Rules, Chapter 11-46, "Community Noise Control." 1. The contractor must obtain a noise permit if the noise levels from the construction activities are expected to exceed the allowable levels of the rules. 2. Construction equipment and on-site vehicles requiring an exhaust of gas or air must be equipped with mufflers. 3. The contractor must comply with the requirements pertaining to construction activities as specified in the rules and the conditions issued with the permit. Should there be any questions on this matter, please contact the Department of Health at 933- 091.7. The existing individual wastewater system can continue to serve the existing dwelling. However, wastewater generated from any additional dwelling unit/building must meet the wastewater rules in effect at the time of building permit application. We recommend that you review all of the Standard Comments on our website: http://hawaii.gov/health/environmental/env-planning/landuse/landuse.html. Any comments specifically applicable to this project should be adhered to. The same website also features a Healthy Community Design Smart Growth Checklist (Checklist) created by Built Environment Working Group (BEWG) of the Hawaii State Department of Health. The BEWG recommends that state and county planning departments, developers, planners, engineers and other interested parties apply the healthy built environment principles in the Checklist whenever they plan or review new developments or redevelopments projects. We also ask you to share this list with others to increase community awareness on healthy community design. WORD:REZ-15-000193.eh RMcC1aryREZ.mjj 10/12/15 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION BRAD McCLARY CHANGE OF ZONE APPLICATION (REZ 15-000193) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation of the Change of Zone request be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Planning Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant requests a change of zone from Agricultural- 3 acres (A-3a)to Residential and Agricultural- 1 acre(RA-1a) for a 2.73-acre parcel in order to create a 2- lot residential-agricultural subdivision for family estate planning purposes. The existing dwelling and `ohana dwelling will be incorporated into the front lot during subdivision design. Upon approval of the request,the applicant plans to build a single-family dwelling on the newly created lot to be used as a home for the applicant's elderly relatives. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The Change of Zone application from an Agricultural(A-3a) to Residential and Agricultural (RA-la) zoned district will conform to the following goals, policies and standards of the General Plan. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial Re: Bill 129/Conn. 615 and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals,policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. . The Land Use Pattern Allocation Guide(LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The property is designated Low Density Urban. This designation allows residential uses (up to six units per acre), with ancillary community and public uses, and neighborhood and convenience-type commercial uses. The Zoning Code would allow a maximum of 4 units to be developed on the property with RA-la zoning: the existing single-family dwelling, the existing `ohana dwelling,the proposed single-family dwelling on the newly created lot, and a future `ohana dwelling on the newly created lot. The applicant's request for RA-la zoning conforms to the Low Density Urban designation in that the maximum residential density allowed would be well below the density of 6 units per acre allowed by the LUPAG designation. The subject property and surrounding area south of Makalika Street to just south of Lama Street between the highway and Railroad Avenue are unique in that they are zoned Agricultural by the County but are in the State Land Use Urban district. Although these lands can be productive for agriculture they are planned to be developed over time with more urban uses due to their close proximity to Hilo town and utilities and services. The property is not considered important agricultural land as it is classified as existing urban development on the ALISH Map and by the Land Study Bureau, which determines productivity ratings of agricultural lands. The front portion of the property is improved with a dwelling and an `ohana dwelling. The property contains numerous fruit trees including avocado, lychee and citrus. Land uses in the area are a mix of residential and -2- agricultural uses,particularly orchards. Surrounding properties are similarly zoned A-3a with approximately 3 acre sized lots that are developed with dwellings. The proposed change of zone would complement the existing and predominately rural residential land uses in the surrounding area and is consistent with the General Plan designation for the area. 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. The lands just north of Makalika Street are situated in the State Land Use Agricultural district,while lands south of Makalika Street are in the Urban district. Thus, conditions of approval will be included to protect the agricultural activities on the adjacent property to the north from nuisance complaints. All utilities and services are available to the site. Access to the property is from Makalika Street, which is a County road with a 20-foot wide pavement with grass shoulders within a 50-foot wide right-of-way. County water can be made available to the property via an existing 12-inch waterline within Makalika Street for the proposed lot. The property is currently served by one 5/8-inch water meter and the applicant has recently secured a water commitment for a second 5/8-inch water meter for the proposed lot. The Department of Water Supply recommends installation of a fire hydrant. As there is no municipal sewer system in the area, wastewater will be disposed of into individual wastewater systems meeting the standards and requirements of the State Department of Health. Solid waste will be disposed of by commercial haulers or the homeowner into the Hilo landfill. The property is in Zone "X", which is an area determined by FEMA to be outside the 500-year flood plain. All development-generated storm runoff will be disposed of on site and not allowed onto adjacent properties or roadways. All other -3- essential utilities are available to the site. Police, fire and emergency facilities are located in Hilo. Typically the County Council requires that applicants provide a fair share contribution to mitigate the potential regional impacts of their development on public facilities and services such as roads,parks, solid waste and police and fire services. For the Residential and Agricultural (RA) zoning district,the County Council has historically required this contribution for minimum lot sizes of one acre. Therefore, a fair share contribution would be required for the requested RA-la zoning for the newly created lot. 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 5.5 miles from the nearest coastline and therefore, will not be impacted by coastal hazards 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. 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. Based on the above findings, approval of this change of zone request from an Agricultural 3-acre(A-3a)to a Residential and Agricultural-1 acre(RA-la) zoned district would result in an appropriate land use pattern that will further benefit the general public. The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map), of Chapter 25 (Zoning Code) of the Hawai`i County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -4- ...;,?7,,,-,a1,%;;;,;,., COUNTY OF HAWAII :-fA't" /'.• STATE OF HAWAII . &,•Cf•H►'j1 BILL NO. ORDINANCE NO. (P;OV\ t 1 i‘ ,�'`€, 4 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 ACRE (RA-la) AT PANA`EWA HOUSE LOTS, SOUTH HILO, HAWAI`I, COVERED BY TAX MAP KEY: 2-2-052:027. 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, South Hilo, Hawai`i, shall be Residential and Agricultural—One Acre(RA-1a): Beginning at a 1-inch pipe at the northwest corner of this lot, the northeast corner of Lot 39 of Pana`ewa House Lots and on the south side of Government Road (50.00 feet wide), the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALA`I" being 16907.75 feet south and 12998.37 feet east, as shown on Government Survey Registered Map H.T.S. Plat 922, thence running by azimuths measured clockwise from true South: 1. 251° 00' 221.24 feet along the South side of Government Road (50.00 feet wide) to a 1-inch pipe; 2. 341° 00' 538.27 feet along Lot 37 of Pana`ewa House Lots to a 1-inch pipe; 3. 71° 00' 221.24 feet along Lot 51 of Pana`ewa House Lots to a 1-inch pipe; 4. 161° 00' 538.27 feet along Lot 39 of Pana`ewa House Lots to the point of beginning and containing an area of 2.73 acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition), the County Council finds the following conditions are: (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 HAWAII Hilo, Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -3- A-3a A-3a A-10a A-3a 41 A-10a A-3a AGRICULTURAL-THREE ACRES(A-3a)TO RESIDENTIAL AND AGRICULTURAL-ONE ACRE(RA-1a) 2.73 ACRES A-3a A-3a ili A-3n FA-3a MPKP\_\\(PSI % FA-3a 16,90775' 12,998.37 E A-3a "HALA'r A-3a A-3a A-3a 111A-3a A-3a A-3a ��PS� OPEN A-3a 111‘111, N 1- �-1, RA .5a O F RA-.5a 11 A-3a yG A-3a P A-3a A-3a -7LF OPEN A-3a A A-3n A-3a 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 ACRE (RA-1a) AT PANA`EWA HOUSE LOTS, SOUTH HILO, HAWAII MAP PREPARED BY: TMK:(3)2-2-052:027 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:August 11,2015 EXHIBIT"A" McClary Mao: 1364 CMcC1aryREZ.mjj 10/13/15 BRAD McCLARY CHANGE OF ZONE APPLICATION (REZ 15-000193) CONDITIONS OF APPROVAL A. The applicant, 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 required 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. The applicant is responsible for maintaining a valid water commitment to support the proposed zoning until such time that required water facilities charges are paid in full. Prior to issuance of Final Subdivision Approval, the applicant shall construct necessary water system improvements as required by the Department of Water Supply, which may include,but not be limited to, (a) a service lateral that will accommodate a 5/8-inch meter fronting each lot, (b)installation of at least one fire hydrant, and (c) subject to other agencies' requirements to construct improvements within the road right-of-way fronting the property affecting 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. F. Should any remains of historic sites, such as rock walls,terraces,platforms, marine shell concentrations or human burials be encountered,work in the immediate area shall cease and the Department of Land and Natural Resources— State Historic Preservation Division(DLNR-SHPD)and Planning Depailment shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. G. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the development with respect to parks and recreation, fire, police, solid waste disposal facilities and transportation facilities. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval. The fair share contribution for each newly created lot shall be based on the actual number of residential units developed. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a combined value of$13,506.70 per single family residential unit. The total amount shall be determined based on the actual number of units or lots created 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. -2- In lieu of paying the fair share contribution, the applicant 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. H. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees,conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. 1. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. J. 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 applicant, 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). Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the property to its original or more appropriate designation. -3- ri Z O � N ati Q � LU0iIE C \ ,..-,, 0 \\ . ,. r C --- --- --.1110:-- , 0 , _ tio., ,,,,* \ ......"1„ c. , ii, ro,. It_ , \ . i , usiiii% r 00._ 1 ,, ,,x,\.,:, . \\:::_,"0,..7,,, • _. itatilliglinallik Cili\olkoorAte.0,_•:e..\ ,0 _,,,e1. 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IA _ 1 . . .. ,., ,. 1-- C5.) , ,......., : - • M 1 ••••/••• Alr- 0 ..0.- ,, C3) ,.,, C ----,,, (I) .. , . ....:., . ., , • X • r • . .„ .. •. 1 .4-...._., . . i.!:• ... . -4-- S.- a ....,,,..., _. . 0 11 CL. ff, .., 44--,0 5 SS , 0 , , .44,-A, ._ _, . I- .:.., •,,.- 0111111111111111.111.....1110, • • • C N ‘,.. - .o .:: : �',, , ... Oo 11111111M o u '�"' �■- C 0 0 o E o llim C . E V CII o >4 ,..,,... u —c a> 01, E :,:., re. o C D V 0 MOM :. . 0 0 CO s ma o } �. 0 t� oo .,.„„.„„,, ..,.. a.. ' ' ,, o ,, ., U- WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT NOVEMBER 5, 2015 A regularly advertised hearing on the application of BRAD MCCLARY (REZ 15-193)was called to order at 9:02 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: Duane Kanuha (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 16 people from the public in attendance. APPLICANT: BRAD McCLARY (REZ 15-193) Application for a Change of Zone from Agricultural- 3 acres (A-3a) to Residential and Agricultural- 1 acre(RA-1a) for 2.73 acres of land. The property is located along the south side of Makalika Street, approximately 900 feet west of the Awa Street—Makalika Street intersection, Pana`ewa House Lots, South Hilo, Hawai`i, TMK: 2-2-052:027. MIYASATO: We'll start off with Agenda Item No. 1, Brad McClary. JACKSON: Thank you, Mr. Chair. Good morning, everyone. MIYASATO/MOSES/DELA CRUZ: Good morning. JACKSON: It's nice to see everyone made it here through the rain. The first item on the agenda is a request for a Change of Zone. The applicant is Brad McClary. The subject application is in the South Hilo District in the Pana`ewa area of Hilo. You can see the highway running in a north-south direction through the middle of the slide. And then, off of the highway, you have Mamaki [sic] Street heading east. And then, the zoo is over in this general area here. So,the subject application's in the middle of the slide outlined in black. It's just south of Mamaki [sic] Street. The property's zoned Agricultural— 3 acres, which is shown in the light blue color. A lot of the properties around it are also zoned Agricultural—3 acres. You have a little bit of Family Agricultural zoning just north of Mamaki [sic] Street here. And then, a few properties also nearby are zoned Residential and Agricultural— 1 acre, and these three lots are Residential and Agricultural half an acre. Re: Bill 129/Coma. 615 1 The General Plan designation for the property is Low Density Urban which allows residential density up to six units per acre. And, the property is located in the State Land Use Urban District. Most of the surrounding properties in the Pana`ewa Farm Lots are in the Agricultural District, and many of them are actively being farmed. There's quite a few orchards in the area. But, all of the lots in the Pana`ewa House Lots which are shown in the pink here are in the Urban District. This is an aerial photo of the property. Again,the property's outlined in red in the middle of the slide. This is Mamaki [sic] Street just north of the property. You can see a few orchards in the area, and then also dwellings that are scattered about. The applicant's requesting a Change of Zone from Agricultural –3 acres to Residential and Agricultural– 1 acre in order to subdivide the 2.73-acre property into two lots for family estate planning purposes. The applicant plans to build a new single family dwelling on the newly created lot to be used for the home for the applicant's elderly relatives and to facilitate his heirs' inheritance. This is the applicant's proposed subdivision plan. Makalika Street—I'm sorry, I think I was referring it to Mamaki Street earlier. It's actually Makalika Street—is shown on the right hand side of the slide. There's a driveway off of Makalika Street. There's an existing dwelling on the property currently, and an ohana dwelling just behind that. So, those two structures will be incorporated into the front lot and then a new driveway will be located off of Makalika Street in this area here to access the, the rear lot. This is a view of Makalika Street looking west towards the highway. The property is on the left side of the slide, and this is the current driveway in this location here. You can see Makalika Street is paved with grass shoulders. This is a view looking east with the property on the right. And then, this is a view of the single-family dwelling, and the ohana dwelling is behind that. And, again a single-family dwelling. This previous slide here shows where the new driveway access would be located. It would be in this general location here. The Planning Director is recommending a favorable recommendation be sent to the County Council for this rezone. MIYASATO: Thank you. Commissioners, any questions for staff? Thank you. Would the applicant or representative please come forward? You can have a seat. MCCLARY: Thank you. MIYASATO: Could you please raise your right hand? Do you swear or affirm to tell the truth on this matter now before the Hawaii County Planning Commission? MCCLARY: Ido. MIYASATO: Okay, thank you. Could you please state your name and residence? 2 MCCLARY: Brad-- HATA-FINLEY: Microphone. MIYASATO: Use your microphone, please. MCCLARY: Brad McClary. Did you say residence? MIYASATO: Yes. MCCLARY: Two hundred Makalika Street, Hilo, Hawaii, 96720. MIYASATO: Okay, do you have anything to add to the presentation or any comments? MCCLARY: I think it's been a fair process. I'm hoping that I covered all the bases, and I'd like this to happen for my two girls and elderly relatives that will be coming later, one way or the other. MIYASATO: Commissioners, any questions for the applicant? HEAUKULANI: Yeah, I—I had just a couple of questions. What does that mean, for your elderly relatives? MCCLARY: I have two aunties that have lost their home on the mainland. They're staying with other relatives right now, but that's not working so I'm trying to get extra room, and, for them to come and, and live here. HEAUKULANI: So, what's your plan? MCCLARY: The plan is to build a house in the back so that I can use the house in the front for them, and then the—and then further down the road, to be able to use, to be able to have one property for one of my girls and one property for the other girl when I go so that we can keep it in the family,keep all the trees, and let them to continue to enjoy the life on that farm. HEAUKULANI: Thank you. MIYASATO: Commissioners, any other questions? HENKEL: Mr. Chair— MIYASATO: Yes. HENKEL: Mr. McClary, are you okay with the conditions for approval set forth— MCCLARY: --Yes, sir-- 3 HENKEL: --by the Director. MIYASATO: Commissioners,any further questions for the applicant? If not,thank you. Is there anyone wishing to testify on this application? Okay,you can have a seat. Thank you. Commissioners., can I have a motion to close public testimony on this application? MOSES: I make a motion to close. IKEDA: Second. MIYASATO: All in favor? COMMISSIONERS: Aye. MIYASATO: Any opposed? I call a close to the public testimony. Commissioners, any discussion on this application? If not, I'll accept a motion. IKEDA: Mr. Chair, I move that a favorable recommendation be forwarded to the County Council on the application for Change of Zone Docket No. REZ 15-193 based on the Planning Director's recommendation, findings, and proposed conditions which shall be adopted. HENKEL: Second. MIYASATO: I have a motion by Commissioner Ikeda and a second by Commissioner Henkel. Any discussion on the motion? You can call the roll. JACKSON: Thank you, Mr. Chair. Commissioner Ikeda? IKEDA: Aye. JACKSON: Commissioner Henkel? HENKEL: Aye. JACKSON: Commissioner Dela Cruz? DELA CRUZ: Aye. JACKSON: Commissioner Heaukulani? HEAUKULANI: Aye. JACKSON: Commissioner Moses? MOSES: Aye. 4 JACKSON: And Chair Miyasato. MIYASATO: Aye. JACKSON: Okay, the motion passes six-zero. MIYASATO: You'll be notified in writing. MCCLARY (from audience): Thank you, sir. The discussion ended at 9:11 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission 5