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HomeMy WebLinkAboutCOM 0728.000 2014-2016 ..�M* foi M_.1, 4. '•f,, . Randall M.Kurohara Acting Managing Director William P.Kenoi Mayor TE OF•N'�'..: CIMIt lYf .t ti Mffirrof tilt 4 to Dr 25 Aupuni Street,Suite 2603 • Hilo,Hawaii 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Anc Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawaii 96740 (808)323-4444 • Fax(808)323-4440 February 24, 2016 Dru Kanuha, Council Chair and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Kanuha and Members: SUBJECT: Change of Zone Application (REZ 15-000198) Applicant: Watanabe Family Trust Request: A-3a to RA-la Tax Map Key: 2-2-051:003 As required by Chapter 7, Sec. 6-7.5 (a), Hawai`i County Charter, transmitted herewith for the County Council's consideration and action are the Windward Planning Commission's letter and enclosures regarding the above-referenced request. Sincerely, WILLIAM P. KENOI Mayor MTransCouncilWatanabefamilytrustREZ 15-198 Enclosures cc: Planning Department Comm. No. 70)---)? <31,‘ ‘5P&L To: Ref. Dot. FED N 5 201-5 • County of Hawai`i is an Equal Opportunity Provider and Employer. County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720 Phone(808)961-8288 • Fax(808)961-8742 FEB 242016 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 15-000198) Applicant: Watanabe Family Trust Request: A-3a to RA-la Tax Map Key: 2-2-051:003 The Windward Planning Commission, at its duly held public hearing on February 4, 2016, recommended for your approval the proposed legislative bill for a Change of Zone from an Agricultural—3 acres (A-3a) to a Residential and Agricultural— 1 acre(RA-1) zoning district for 2.73 acres of land. The property is located along the south side of Lama Street, approximately 500 feet west of the Railroad Avenue—Lama Street intersection in the Pana`ewa House Lots, Waiakea, South Hilo, Hawai`i. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicant is requesting a Change of Zone from A-3a to RA-1 a 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. The reason for the request for the change of zone is to allow the property to be subdivided into two lots for family estate planning purposes. There are two dwellings constructed on the subject property. Upon approval of the request, the applicant plans to convey a lot with a dwelling to each of her two children. Hawai`i County is an Equal Opportunity Provider and Employer Dru Kanuha, Council Chair and Members of the County Council Page 2 In order to consider an area for any type of zoning designation, the applicable goals, policies, and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The Change of Zone 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 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 subject property and surrounding area of Lama Street and Makalika 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. Dru Kanuha, Council Chair and Members of the County Council Page 3 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 the rear portion of the property is improved with an additional farm dwelling. There are several green houses on the property that are used mainly for growing vegetables and the remainder of the property contains numerous types of fruit trees and some chickens. 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 Hawai`i Right to Farm Act. The lands just south of Lama Street are situated in the State Land Use Agricultural district, while lands north of Lama 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 Lama 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 2-inch waterline within Lama Street for the proposed lot. The property is currently served by one water meter. 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, which have been previously approved. 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 essential utilities are available to the site. Police, fire, and emergency facilities are located in Hilo. Dru Kanuha, Council Chair and Members of the County Council Page 4 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. Lastly, the Department of Land and Natural Resources- State Historic Preservation Division has issued a no-effect letter dated December 24, 2015 stating that no historic properties will be affected by the proposed change of zone and subdivision. Lastly, this approval is made with the understanding that the applicants remain responsible for complying with all other applicable governmental requirements in connection with the approved use, prior to its commencement or establishment upon the subject properties. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act(ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the above findings, approval of this change of zone request from an Agricultural 3-acre(A-3 a)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 draft transcript of the hearing for your information. Sincer ly, d Chars He. . i, hairman Windwar. Planning Commission LWatanabefamilytrustREZ 15-198wpc2 Enclosures cc: Sidney Fuke, Planning Consultant Watanabe Family Trust Department of Public Works Department of Water Supply Department of Land &Natural Resources-HPD DOT-Highways, Honolulu William Brilhante, Esq., Corporation Counsel BWatanabeREZ.jwd 01-13-16 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT WATANABE FAMILY TRUST CHANGE OF ZONE APPLICATION (REZ 15-000198) WATANABE FAMILY TRUST 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 Lama Street, approximately 500 feet west of the Railroad Avenue—Lama Street intersection, Pana`ewa House Lots, Waiakea, South Hilo, Hawai`i, TMK: 2-2-051:003. PROPOSED ACTION 1. Applicant's Request: The applicant is requesting a 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. (Planning Department Exhibit 1 —Change of Zone Application) 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 are two dwellings constructed on the subject property. Upon approval of the request, the applicant plans to convey a lot with a dwelling to each of her two children. 3. Landowner: The applicant is the landowner of the property. 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 applicant is requesting Residential and Agricultural-1 acre(RA-1a) zoning. 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" Re: Bill 158/Comm. 728 concentrations of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with low density residential lots. Requirements for establishing a land use in the RA zoning district, including a list of the variety of permitted land uses, are shown in Section 25-5-50 to 57 of the Zoning Code. (Planning Department Exhibit 2 - Zoning Code Requirements for Residential and Agricultural Districts) 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. 8. Special Management Area (SMA): The Special Management Area is a part of the Coastal Zone Management Program and regulated by the County. The property is not located within the Special Management Area and is over four(4) miles from the nearest coastline. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 9. Subject Property: The property is rectangular in shape and its topography is relatively level. According to the Real Property Tax website, the structures on the property include a 4-bedroom, 3-bathroom single-family dwelling situated in the front of the property. This house was originally built in 1961 with Building Permit No. 22219. There have been several additions to the original construction. A 4-bedroom, 3-bathroom additional farm dwelling was constructed in the back portion of the property in 2001 with Building Permit No. 001413. Additionally there are several greenhouses and sheds that are used for agricultural activities. The green houses are used mainly for growing different types of vegetables and the remainder of the property contains numerous types of fruit trees and some chickens. 10. Surrounding Zoning/Land Uses: Surrounding properties are similarly zoned Agricultural- 3 acres (A-3a) and are in residential and agricultural-orchard use. There have been several similar rezones that have been approved in the immediate area. 11. Agricultural Lands of Importance to the State of Hawaii (ALISH): Existing Urban Development. 12. Land Study Bureau's Detailed Land Classification System: Existing Urban Development. -2- 13. U.S.D.A. Soil Survey: The Papai 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. 14. Flood Zone: The subject property is in Zone "X", which is an area determined by FEMA to be outside the 500-year flood plain. 15. Flora/Fauna Resources: No professional surveys were conducted of the property, as the property has been developed with two dwellings and several greenhouses. The green houses are used mainly for growing different types of vegetables and the remainder of the property contains numerous types of fruit trees and some chickens. 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. 16. Archaeological/Historical Resources: A formal archaeological survey was not conducted because the property has been fully developed with two dwellings, several greenhouses, and has been extensively cultivated. Therefore, it is unlikely that any surface or subsurface archaeological resources remain on the property. The Department of Land and Natural Resources- State Historic Preservation Division has issued a no- effect letter dated December 24, 2015 stating that no historic properties will be affected by the proposed change of zone and subdivision. 17. 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. 18. 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 19. Access: Access will be from Lama Street, which is a 20-foot wide paved County roadway with grass shoulders within a 50-foot wide right-of-way. 20. Water: County water is available to the property via a 2-inch waterline within Lama Street from a 12-inch waterline approximately 500 feet within Railroad Avenue. The property is currently served by one water meter. -3- 21. Wastewater: There is no County sewer system in the area. The two existing dwellings have individual wastewater systems that have been approved by the Department of Health. 22. Solid Waste: Solid waste generated on the property will be disposed of at the Hilo landfill located about 2 miles east of the property. 23. 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 24. Department of Water Supply: (Planning Department Exhibit 3—January 8, 2016 Memo) 25. Department of Environmental Management: (Planning Department Exhibit 4— September 10, 2015 Memo) 26. Police Department: (Planning Department Exhibit 5—January 5,2016 Memo) 27. Fire Department: (Planning Department Exhibit 6—September 10, 2015 Memo) 28. Department of Land and Natural Resources- Land Division: (Planning Department Exhibit 7—January 5, 2016 Letter) 29. Department of Land and Natural Resources- State Historic Preservation Division: (Planning Department Exhibit 8—December 24,2015 Letter) 30. Department of Health: (Planning Department Exhibit 9—December 30, 2015 Memo) 31. Department of Public Works: (Planning Department Exhibit 10—January 14, 2016 Memo) APPLICANT'S RESPONSE TO AGENCY COMMENTS 32. The applicant has submitted response letters to agency comments. (Planning Department Exhibit 11 —December 28,2015 Letter) PUBLIC COMMENTS 33. As of this writing, the Planning Department has not received any written comments or objections from the general public or adjacent landowners on the subject application. -4- ?OM NMI ; pi (7,7 r.`7 r! IEN I APPLICATION FOR COUNTY REZONING (A-3a TO RA-la) WATANABE FAMILY TRUST Pana'ewa House Lots South Hilo, Hawai'i TMK: (3) 2-2-051 : 003 Prepared For: Watanabe Family Trust Prepared By: Sidney M. Fuke, Planning Consultant November 2015 Planning Dept. Exhibit CHANGE OF ZONE APPLICA 'ION pm' 10 COUNTY OF HAWAII PLANNING DEPARTMENT `'" (Type or legibly print the requested information) APPLICANT: Watanabe Family Trust APPLICANT'S SIGNATURE: '9 �2 (-P C2--(-7, -/-7 --e'--4, DATE: 11/12/2015 ADDRESS: 580 Lama S&et Hilo, HI 96720 LIST APPLICANT'S INTEREST IF NOT OWNER: Trustee - Marjorie Watanabe LIST PRINCIPAL(S)INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (Res.) 959-3570 (Fax) LANDOWNER(S): Watanabe Family Trust LANDOWNER SIGNATURE(S): C? / Z r. it/12/2015 (May be by letter) LANDOWNER(S)ADDRESS: 580 Lama Street Hilo, HI 96720 REQUEST: A-3a TO RA-la (Existing zoning) (Proposed Zoning) TAX MAP KEY: 2-2-051: 003 STREET ADDRESS OF PROPERTY: 580 Lama Street SIZE OF PROPERTY OR AFFECTED AREA(S)TO BE REZONED: 2.73 acres AGENT: Sidney M. Fuke, Planning Consultant ADDRESS: 100 Pauahi Street, Suite 212 Hilo, HI 96720 TELEPHONE:(Bus.) 969-1522 (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. Marjorie Watanabe ORIGINAL: Sidney Fuke COPIES: ATTACHMENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? Yes If yes, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? All b. Into what lot sizes? lac 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? l month d. Do you intend to build houses on the newly created lots? no If yes, please answer the following questions: On how many of those lots? At what approximate price range? House Lot Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. Yes 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? N/A b. Sell or lease the land to someone who has tentative plans? N/A c . Sell or lease the land to someone who has no plans? N/A d. Keep it? N/A e. P. D. 2 5/84 f . If you intend to do either a, b, c, please elaborate on the kind of plans the other party has. Please, also include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? Yes How? By providing land for family members,it eliminates need for a lot in the open market. 4. Are there any buildings on the subject area? Yes If so, what kind? Residences and greenhouses What do you intend to do with those buildings if your request is approved? Continue to reside on the lot and use the greenhouses 5. Is the subject land currently being used for any agricultural activity? yes If so, please list the kinds of products grown and on how many square feet or acres of land per product. fruit trees,hydroponic lettuce,chicken coop 6. Was your request to allow for the creation of smaller agricultural lots? No If so, did your plan include the following considerations? a. Commodity to be produced? What kinds of commodity? b. Suitability of the proposed lot-size for that commodity? c . Sufficient farm size to allow reasonable chance of success in commercial agriculture? -2- d , Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? Please state the proposed type of arrangement. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. 7. To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. Please refer to planning and environmental report for this request. 8. Do you think that the roads leading to the subject area needs improvements? No If so, what kind? Please refer to planning and environmental report fro this request. Is the road adequate for the proposed traffic volume or load? Yes 9. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools X b. Roads X c. Sewer X d. Drainage X -3- Yes No e . Police Protection X f , Fire Protection X X 9 Recreational Facilities X h . Public Utilities X , Other For those checked "yes", please elaborate what type or kinds of improvements and/or assistance are needed. Signature: <; AGG G c � -et Address: 580 Lama SVeet Hilo,HI 96720 Telephone: (808)959-3570 Date: Nov.3,2015 -4- COUNTY ENVIRONMENTAL REPORT COUNTY REZONING REQUEST (A-3a to RA-1a) WATANABE FAMILY TRUST PANAEWA HOUSE LOTS SOUTH HILO, HAWAI'I, TAX MAP KEY: (3) 2-2-051: 003 I. INTRODUCTION Marjorie O. Watanabe, representing the Watanabe Family Trust ("Applicant"), wishes to subdivide her 2.73 acre property into two (2) lots, consisting of a minimum of 1 acre in size. If approved, the requested lots would then be conveyed a lot to each of her two (2) children. The goal, thus, is essentially to address a family partitioning objective. Inasmuch as the property is zoned Agriculture (A-3a), the property must be rezoned into the Rural-Agriculture (RA-1a) district. II. PROJECT LOCATION The subject property fronts the south side of Lama Street, approximately 500 feet west of Railroad Avenue in the Panaewa House Lots area. Its street address is 580 Awa Street. The Hawaii Belt Highway is located approximately 1 mile west of the subject property. (Figures 1 & 2). III. PROJECT DESCRIPTION A. Project Concept and Components The subject parcel is owned by the Applicant. With the support of one her two (2) children, the Applicant has and continues to maintain a small, supplemental-income farm consisting of fruit trees (such as papayas, avocado, tangelo, and pineapple), vegetable crops (hydroponic lettuce, beans), and some chickens. In that regard, a farm dwelling permit was issued in 2001 to allow the construction of second farm dwelling on the subject property. As such, today the site-- in addition the greenhouse and related farm structures - consists of two (2) dwellings, whose occupants include the Applicant and one (1) of her two (2) of their children and their families. The Applicant is retired. While the property is still being farmed, her son and family that live in the other dwelling have alternative 1 Page 39 ' HILO PANAEWA BKEAA t See Page 30 B E t See Page 29 --wo �--' •Ican x ■ t See Pose 31 E & ullcty priE.nceaaioP cl w Igi W.PLl lIla1C cp Panaewa Pai.ai -a:c •- - - KTA Res Lots radio Aiaako re- �'-' •1859 co- o Pohai burr AO _ _ a Niko'.•P Oy Puainako e 0.—i p° 8 town Mikae eP1 5. 0 117 k 1 :'i Pl 'X , o 9. 158 r.T+ o �� a��d��a omakoa r CD 977 1 3 Noeau liftnaona,aa St 663 1 o ,Ica PI i, ..ao y• 1 Mika '1 E.Kahaopea A 2133 . ' I Pana -r( Ka1uk r P1 rf+y 2094 �' , Kolep: P1 X2159 I %aiulani P� 2322 m I ani. -a-E. V....- _- E.Kawailani . -.-- - -- -... O pi. IP �.. r-r z31v 1�. `Y s Manuia W. ; awa I ani o ,rye""� wC yy El. ScL& „tiPia ground y o - J� Panaewa .-• .2450 • '� Kj _ 2 -• r� E.Palai House ,o - b. 'er v W P: "' M Farm Lots 2 co [r . �•E lanai at P.IGnai Y'Plnaz S.UBJE\ T CI_ l'''ria co t;. 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Currently, there is a mortgage on the second dwelling encumbering the entire property. As such, subsequent to the subdivision, the mortgage would be reduced to only the affected lot. The size of the proposed lots would consist of 1.211 acres and 1.624 acres. The configuration of the proposed lots, which is depicted in Figure 3, was designed to accommodate the retention of the existing farm-related structures. As proposed, each lot would have its own direct access to Lama Street. The Applicant understands that the subdivision plan submitted herein may have to be adjusted prior to receipt of final subdivision approval to accommodate County subdivision requirements and appropriate conditions of rezoning approval. B. Project Timetable and Cost The Applicant hopes to secure County approvals of the rezoning as soon as possible and begin the subdivision process immediately thereafter. This would hopefully occur within the first quarter of 2016. Tentatively, plans call for having the land subdivided by the middle or ending part of 2016. The estimated cost of infrastructure improvements for this proposed subdivision may not be overly significant, as the County roadway fronting the proposed lots are up to County standards and water improvements may be limited to only the relocation and/or installation of water meters for each of the lots. IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The subject site is designated Urban. Based on the proposed minimum one (1) acre sized lots, no State Land Use Boundary amendment is needed. 2 1.1 PP/IS wNn 2 fl -t,.........Road LAMA STREET 4, w J \ 251'00' — 221.24 PPRo..e eAas E -OCORead //o i°'N 16,99.84 S 201.24 16,144. 0 E 'H144. A R �N LOT 25—A 1.211 ACRES 0. ✓ N or N i I♦ i 1 • • I •I \ `\ . 1.1.1 , Lot 24 ^• t,.. +y�L '�'MQ1. Tracy K.Miyake and wife v1 • Connie K.-Owners d9y o, o ' n N N 4 • ,r N < l .o ,4 c __,.__Sewer-: _r_r EASEMENT 25-A-1, z7.- :1:2 . • • . •�.-neod ISM. _ - (FOR ROAD 1: 9PURPOSES) • o k Z- _ 248"04' --88.00 •:1°'x(2.838 so.FT.) I2 o • e' 216'00' 23.00 �,�f' 304'33'16.00 k, '; O '1 'C I Ia N5o 1 0 0 1 � R ( P P �$ r€ 0 A o 5.0d01 a Y o 1 s .�. v,..( 251'00'—85.01 0 0 J' APR 0 • , 41 p fi GREEN„OUSE to P P mGR.MOUSE a ary T L CO vN • ^ ewa LOT 25—B • 1.624 ACRES ro ' (1.505 ACRES) •• 0 -,,, iL <ro or? 4 0 .. 71'00' -- 221.24 .. •• OWNER: WATANABE FAMILY TMST PLAN SHOWING �* WR^ 580 Lama Street THE PROPOSED REZONING FOR THE SUBDIVISION OF MOS Hilo,Hawaii 96720 LOT 25 OF PANAMA HOUSE LOTS 41 LOTS 25—A AND 25—B ' 'I BEING GRANT S-13,749 TO YOSHIO WATANABE AND WIFE MAJORIE O. This eon*on prepored by Te or Wolakea,South HAo,Island of Hawaii,Hawaii under my supervision. Survey and Plan by Island Survey,Inc. P.O.4215.Me,Hawaii 96720 ROBERT T.SPIRAL PLS October 15,2015 State of Hasa cert No.L5-5995 License Eapia April 30,2016 Tax Map Key.(3)2-2-051:00.3 O-,m Size: 15°x 21°=2.19 Sq.Ft. Fijiure 3 R. County General Plan The County General Plan LUPAG map designation of the subject site is Low Density Urban. This designation allows consideration for uses that are single-family residential in character, ancillary community and public uses and convenience type of commercial uses. The proposed rural-residential subdivision resulting in the creation of two (2) lots would be consistent with this designation. As such, no General Plan amendment would be required to effectuate this project. C. Hilo Community Development Plan The Hilo CDP was adopted by the Planning Commission in 1975 over 25 years ago and intended to further define the General Plan and provide short and middle range implementation strategies of the General Plan. Since the adoption of the Hilo CDP, there have been significant land developments in the City of Hilo, including the shopping complexes in and around the Puainako/Kanoelehua Intersection, expanded commercial uses near the University complexes and commercial/industrial uses along the southern portion of the Waiakea House Lots area. These developments render many of the CDP land use concepts obsolete. Although the document was reviewed by the County Council, the CDP was never adopted by ordinance. The CDP's Land Use Concept Map identified this area as A-3a. However, many of the planning assumptions reflected in the 1975 CDP are now obsolete. The County Charter requires all changes of zone be consistent with the designation in the General Plan. In this case, the GP LUPAG designation is Low Density Urban. As such, the proposed RA-.5a zoning would be consistent with such designation. D. County Zoning The County zoning of the subject property is Agriculture (A-3a). The properties in this area are predominantly zoned A-3a. However, there are two (2) properties that were recently rezoned into the Residential- Agriculture (RA-.5a and RA-1a) district proximate to the site. Two (2) other properties in this area were recently favorably recommended for RA-.5a (Takehiro) and RA-la (McClary) by the Planning Director and Windward Planning Commission. 3 If approved, the site would be subdivided in a manner generally meeting with both the Zoning and Subdivision Codes. Please note, however, that should the County require road improvements and/or additional right-of-way fronting the south or rear side of subject property or possibly even some structural setback for existing structures, the Applicant may elect to seek some relief from them. Notwithstanding the subdivision requirements, all uses and standards consistent with the requested RA-1a zone would be adhered to. It should be noted that the City of Hilo Zone Map reflects an 80-foot wide secondary road arterial situated at the southern or rear edge of the subject property. The existing dwelling is situated approximately forty five (45) feet from the rear property line. As such, if a 40-foot wide future road widening setback is designated on the property, it would make the existing dwelling non-conforming with respect to setback and also affect the expansion prospect of that dwelling. Hence, as noted above, should this be a zoning or subdivision condition, the Applicant may elect to seek some setback variance relief in the future. E. Relationship to SMA Objectives and Policies The site is not located within the County Special Management Area (SMA). No SMA Use Permit is required. However, as the entire island falls within the Coastal Zone Management (CZM) Area, a discussion of the request's relationship to the CZM Program follows. The site is not adjacent to the ocean. It is more than four (4) miles from the shoreline. As such, the proposed action should not have any adverse impacts on the area's coastal recreational and marine resources nor have any impacts on beach protection. The likelihood of this improvement having any impacts to the area's historic resources is not high. The entire site has been previously bulldozed and/or cleared by the Applicant and is now actively being either farmed or used residentially. In the unlikely event any archaeological features are found during any earth disturbance activity, work will stop within the affected area and appropriate clearances from the State Historic Preservation District ("SHPD") and County Planning Department will be secured before work resumes. The proposed action will involve the construction of improvements in a rural-urban setting. Accordingly, there is a potential visual impact to the area's scenic and open space resources. However, the project 4 would not involve the construction of any more single-family dwelling on the entire site, as the site already has two (2) dwellings. Further, neither the ocean nor other open space resource such as Mauna Kea or Mauna Loa would be affected by the existing structures from Awa Street. Relative to the Coastal Ecosystems, impacts should be negligible, if at all, as the site is located well over four (4) miles from the ocean. Notwithstanding the distance, the nature of the project and the fact that there will be no new private wastewater system, the potential coastal ecosystem impacts would or should be absent. The proposed action will not necessarily result in creation of more agricultural farm lots in this area. However, it would provide more housing opportunities, albeit for family members. In so doing, the proposed action could have a greater social utility or some measure of overall economic use of this site rather than letting its limited agricultural use fade away. Because of its distance from the shoreline, the site should not be subject to coastal hazards. Relative to the managing development objective, this function is more applicable to the "authority" or approving agencies. However, it is noted that the request would operate and be constructed within the scope of the Zoning Code. The subject site would be zoned RA-la, and the requested use and design/parameters for any new structures (height, setback, etc.) would be consistent with said zoning. Finally, in terms of the public participation objective, this is generally a public agency function. This is achieved through the Marine and Coastal Zone Management Advisory Group (MACZMAG) and the public hearing process required pursuant to the Planning Commission's Rules and County Council's meetings on this application. Notices of this application will become available through the posting of a sign on the property, as well as sending two (2) notices to surrounding property owners, one at the time the application is filed and again, prior to the public hearing. Based on the foregoing, it is concluded that the requested improvements would be consistent with the objectives, policies and guidelines of the Coastal Zone Management Policies, as outlined in Chapter 205-A-23, HRS and Planning Commission Rule No. 9 relating to Special Management Area. 5 F. Other Permittinq Requirements As noted earlier, other permits would still be required. These would be of the "ministerial" variety, such as Subdivision Approval, driveway access permit, and the like. V. ENVIRONMENTAL CONSIDERATIONS A. General Description The parcel is generally rectangular in shape (558+ feet x 221+ feet), with the narrow portion fronting Awa Street. The 2.73-acre site has two (2) dwellings, several greenhouses, and some other related farm structures. The site is fully developed with structures, lawn, and fruit/tropical trees, vegetable crops, and a small chicken coop. The site is situated at about the 225-foot elevation level. According to the State Commission on Water Resource Management, the closest rain gauge in this area is the Hilo Airport. The annual median rainfall for this area is approximately 131 inches. The average daily temperature ranges from a minimum of 61 degrees to 79 degrees Fahrenheit. Wind patterns are generally easterly during the day and westerly during the evenings. B. Soils and Topography The topography of the site is fairly level. The Land Study Bureau Overall Master Productivity Rating of the subject site is generally "E" or very poor (E271) for agricultural productivity. The "E" classification suggests that the site has very poor agricultural productivity potential. The classification notes that the soil is of the "A'a"series, which is characterized by little or no soil material. Its color would be dark brown or nearly black. This type of soil is excessively well drained and unsuited for machine tillability. The State of Hawaii's Agricultural Lands of Importance to the State of Hawaii (ALISH) maps classify this site as being "Other Agricultural Land". C. Natural Hazards 1. Drainage 6 The US Corps of Engineers' Flood Insurance Rate Map (FIRM) designates most of the project site to be located in Zone X, areas outside the 500-year flood plain. The Applicant has not observed any significant runoff or erosion in the recent past. Pursuant to County drainage requirements, appropriate drywell and/or similar means to capture runoff from any newly constructed improvements will be built, if necessary, in conjunction with the subdivision approval process. 2. Tsunami Hazard As the site is located over four (4) miles from the ocean, it is located outside of the Civil Defense's Tsunami Evacuation Zone. 3. Volcanic and Earthquake Hazards According to the United States Geological Survey maps, the project site is located within Lava Flow Hazard Zone 3, on a scale of ascending risks 9 to 1. The entire City of Hilo falls in the Zone 3 category. The Building Code designates the entire island of Hawaii Earthquake Zone "D" and contains certain structural requirements to address the relative seismic hazard. All structures would have to comply with this standard. The entire island of Hawaii falls within Earthquake Zone 4, according to the County Building Code. As such, certain structural requirements will be needed and taken during the building permit process for any new structures to address this seismic hazard. D. Flora/Fauna Although there were no professional surveys conducted of the floral or faunal resources of the site, the Applicant does not believe that rare or endangered floral or faunal resources are likely to be found within the subject site. The site's vegetation is pretty much dominated by agricultural crops, such as fruit trees, vegetable crops, and agricultural and residential structures. 7 The site is not known to be a habitat for any rare or endangered animal life. Given its elevation, however, it would be possible to find the Hawaiian Hawk (1'o) and the Hawaiian Owl (Pueo). Further the rural-residential nature of the surrounding areas would make it less likely to find endangered animal life in this area. E. Historic/Cultural/Archaeological Resources As the site was formerly bulldozed and cleared and used extensively for farming and residential activities, no commissioned archaeological survey of the site was made. It is very unlikely that the site would have any archaeological or cultural features. However, if needed, an archaeological monitoring plan can be prepared and implemented in conjunction with further land clearing activity associated with the construction of the last dwelling. Furthermore, in the event any inadvertent discoveries are made during any land disturbance activity relating to this project, work will cease and the applicant will immediately notify the Planning Department and the SHPD and secure their clearances before proceeding further. G. Valued Cultural Resources In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai 0 Ka'Aina decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated tradition and customary practices of this site. In this situation, the subject site is not adjacent and/or proximate to the shoreline. As such, gathering of marine life and coastal access is not an issue. It is not known whether the subject or immediate surrounding area was used in the recent past for the gathering of plants by native Hawaiians. The Applicant has not observed any native Hawaiians on the site or adjoining properties gathering plants. Thus, it would appear unlikely that the site would serve such purpose today. In the event legitimate gathering claims are made by native Hawaiians, the Applicant intends to respect and honor such claims and provide the needed access within the site. 8 Based on the above, it does not appear that the project would have any potential adverse impact relative to the cultural and historical resources of the area. H. Water and Coastal Resources The subject site is located well over four (4) miles from the coastline. As such, coastal impacts resulting from discharge of wastewater systems from the site should not be significant. Further, being a non- coastal property, no coastal access will be affected. As the site falls within the Critical Wastewater Disposal Area, a septic tank will be required for any new dwelling. This is not really applicable as the site will have a dwelling on each of the proposed lots. Although unlikely, if additional dwellings are constructed, the appropriate wastewater system meeting with the approval of the State Department of Health will be constructed during the building permit process. Noise, Air Quality, and Dust Awa Street will serve as the primary and only access to this site. Because the subject site is located near the end of Lama Street, the existing ambient traffic level in this area is quite low. As such, the corresponding noise level should equally be quite low. With the completion of this project, the noise level is not anticipated to increase significantly, if at all. There may, however, be short-term noise impacts associated with the construction of any required infrastructure. In that event, contractors will be required to comply with appropriate noise and related mitigation measures of the State Department of Health. The proposed development should not generate any direct air quality impacts. The only discernible air quality impact could be associated with the vehicular traffic to and from the site. The impact should not be significant or negligible, as the project will not result in any increase in density. Further, with higher EPA standards for automobile air emissions, the air quality impact should thus hopefully not be significant. As such, with the exception of potential construction dust in the beginning, long term dust generated by the project should be minimal. Construction dust, however, like construction noise will have to comply with the State Department of Health's regulations. 9 J. Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there are sites or areas listed as being a scenic resource. The subject site is not listed as a scenic site. However, there were a few examples cited in the South Hilo. The most notable is the backdrop of the mountains of Mauna Kea and Mauna Loa. The proposed subdivision should not have any visual impacts to these mountains. To begin with, the site is situated south of Lama Street and the mountains are situated west of Lama Street. Thus, those scenic vistas should not be impeded when traveling along Lama Street fronting the site. VI. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses The land use in this area is generally residential/agricultural in nature. There are some small family-type macadamia nut and anthurium farms on some of the surrounding properties to the immediate north and west of subject site. Those properties are zoned A-3a, with the exception of the two (2) RA zoned properties. Given the existing and zoned conditions, the proposed rezoning would not be incongruous with the emerging residential-agricultural pattern of this area. B. Economic Impacts The requested zoning would have some measure of economic impact, as it would make a fee simple lot with some measure of agricultural potential more readily available. Although the project is directed at the Applicant and her children, it would still enable the ultimate user the opportunity to engage in some sort of agricultural activity while residing on the property. C. Agricultural Impacts As noted earlier, the site has been and continues to be used for some measure of supplemental-income agricultural activity. This is in spite of the soil's Class "E" classification. Some of these agricultural activities occur in greenhouses (such as the hydroponic lettuce), while others — such as the papayas, avocado, citrus trees —are outdoors. 10 These uses — albeit on a more supplemental-income basis - will continue, in spite of the subdivision. The Applicant's proposal could thus help foster the agricultural objectives, while addressing the all important housing needs. VII. INFRASTRUCTURAL CONSIDERATIONS A. Road Access to the project would continue to be from Lama Street, which is a County-dedicated roadway built to a minimum 20+ foot wide pavement and 4-foot wide shoulders within 50-foot wide rights-of-way. There are already two (2) dwellings on the subject site. With the proposed action, no additional dwelling is being contemplated. Given that, the proposed rezoning and subdivision should not generate any significant additional, if at all, burden to the roadway system in this area. B. Water There is a County water line fronting Lama Street. However, the two (2) dwellings and greenhouse/agricultural use currently are being serviced by an existing water meter fronting Lama Street. In conjunction with the subdivision process, the Applicant understands that separate water meters will be required, which may also include the installation of a backflow preventer. The Applicant will work with the Department of Water Supply on this during the subdivision process. C. Wastewater There is no County wastewater system in this area. As noted earlier, the two (2) existing dwellings already have their own system. While not being planned, in the event an additional dwelling is constructed, a septic tank system meeting with the approval of the Department of Health will be installed. D. Solid Waste Solid waste will be handled through commercial haulers or the individual homeowners into authorized landfill sites or transfer stations. With the requested RA-9a zoning, the potential for uses with 11 toxic or related chemical waste would be minimal, if at all. Further, most, if not all, agricultural waste will be retained and utilized on the property. E. Other Government Services As this area is already part of the City of Hilo urban area, it is already being serviced. No extension of government services would be required. The nearest fire station is located at Kawailani Street, less than three (3) miles from the site. The Police Station is located at Kapi'olani Street, approximately five (5) miles from the subject site. Public schools (K-12) are available at the Waiakea School Complex, approximately three (3) miles away. County parks are available in the immediate vicinity, one less than five hundred (500) feet away. As such, the project should not result in the extension of any government services. Further, the required public facilities are located reasonably proximate to the subject site. F. Other Utilities All other utilities such as telephone, cable, and electrical services are available to the site. VIII. IMPACT SIGNIFICANCE ANALYSIS A. Relationship Between Local Short-Term Uses of Environment and Maintenance and Enhancement of Long-Term Productivity If the request were denied, the short-term use of the area of the proposed rezoning would probably continue at its supplemental- income agricultural level. The entire property would continue to be subjected to the same mortgage; and in the event of a default, the agricultural residential use would be placed in jeopardy. Having a mortgage covering only a smaller portion of the subject site would enable some measure of financial protection, and hence, continued supplemental-income agricultural activities. From a long-term productivity standpoint, the proposed 2-lot subdivision would not only provide a heightened level of possibility in having the land used for more intensive agricultural activity but address the Applicant's and overall community's housing needs. 12 B. Irreversible and Irretrievable Commitment of Resources As the site has been relatively disturbed in the past, it is not likely that its continued use would result in an irreversible commitment of natural or archaeological resources. Although the soil on the parcel has been classified "E" or Very Poor by the Land Study Bureau, there has and continues to be some measure of agricultural use of the site. It is reasoned that the creation of the 2-lot subdivision should help foster and not necessarily remove this land from its current limited agricultural use. Further, it is not likely that the site has any significant archaeological features. This is evidenced by the prior grading of the site. Again, if needed, a monitoring program can be conducted during any land disturbance activity. C. Mitigative Measures The Applicant intends to make improvements generally consistent with the subdivision process. As noted earlier, however, there is a chance, depending on the subdivision requirements, that the Applicant may seek some relief from possible infrastructure and set back requirements. In either event, contractors will be obligated to comply with appropriate State noise and air quality standards to address any of the subdivision and/or construction requirements. Should unanticipated archaeological finds be discovered in conjunction with any further development of the site, work will stop (as is required by the State and County) and clearance secured before work is resumed. There is no existing drainageway on the property. Any and all required grading or grubbing work will be done in conjunction with the required permits. This is to assure that the development of this site does not adversely affect the drainage of surrounding properties. Finally, there will be no person or businesses dislocated by this project. D. Alternatives to the Proposed Project 1. No Project 13 Under the status quo alternative, the site could continue in its supplemental-income agricultural activities. The Applicant would not, however be able to reasonably facilitate her estate planning. Further, there is an existing mortgage covering the entire property. With the subdivision, the mortgage can be re- financed, leaving the Applicant's home free of any financial encumbrances. Due to the current condition, it would be difficult for the Applicant or any of the children currently living on the property to secure loans to further their personal or even agricultural objectives without affecting the entire property. In that sense, securing financing that would enable the expansion or intensifying the agricultural use of the site would be made more feasible. 2. Alternative Density Under this alternative, the Applicant could seek a more intensive zoning, such as RA-.5a or possible RS-15 or RS-10 zoning, given the proposed Urban classification of the site and General Plan LUPAG Low Density Urban designation. Such an approach, however, may not be compatible with the policy of trying to foster more family-oriented type of agricultural activities in this area. 3. Evaluation of Alternatives The project's impacts to the area's social and physical infrastructure would not be pronounced, if at all. It would still be in keeping with the general character and ambiance of this area. Additionally, certain mitigative measures could be taken to address any possible impacts associated by the development of this project. Further, the project would be consistent with the land use objectives sought to be accomplished by the County General Plan LUPAG map. In view of the aforementioned, it would appear that none of the alternatives would be more prudent and beneficial than the requested RA-la alternative. 14 IX. REGULATORY ANALYSIS A. General Plan LUPAG Map The General Plan provides for the long-range comprehensive development of the island of Hawaii. It provides direction for balanced growth in the County. The LUPAG map designates the site Low Density Urban. This designation allows the requested RA-la zoning without a General Plan amendment. B. General Plan Polices The requested zoning would be consistent with the goals, policies, and standards of the General Plan document. For one, it may provide limited short-term economic opportunities largely through the construction of any improvements required for the subdivision. More importantly, however, longer-term opportunities would be created largely in the form of creating the financial mechanism for expanding and/or intensifying the existing agricultural uses on the property. In so doing, the resultant project should add revenues to the County and State coffers. The project intends to be energy conscious through the use and/or encouragement of solar energy and design features to take advantage of the sun and wind patterns. The dwellings already have a solar system. Maintaining and improving the quality of the environment is important to the success of this project. The General Plan identifies five (5) areas of environmental concerns - air pollution, water quality, soil pollution, solid waste disposal, and noise pollution. As proposed, the project would not be violative of any of those objectives. Aside from vehicular transmission, air pollution associated with the project should be negligible. All wastewater systems have been built in a manner consistent with the requirements of the State Department of Health. This should be sufficient to address any potential groundwater or coastal water impacts. If required, a solid waste management plan could be prepared and implemented. The project will also not be a noisy one, except as may be associated with the limited farming operations and residential use. Any new noise-generating facility - such as air conditioners - would be 15 carefully placed to minimize their noise impacts to adjoining properties. Further, it is unlikely that this site would be used as a processing plant, as it would be more economical to send products elsewhere. The project area is outside of any floodway. Nonetheless, if required, a drainage system will be designed and constructed (especially in conjunction with the subdivision approval process) in a manner to protect the property as well as to minimize the volume of surface runoff generated by this development. The site does not appear to have historic sites due in large measure to the prior grading activity and land uses on the site. Nonetheless, work will cease if unanticipated archaeological remains are discovered during the development of this project. Work will resume only after proper clearances from the State and/or County have been received. While there may have been sightings of the Hawaiian crow (Alala) or the owl (Pu'eo), this area is not their primary habitat. As such, the subject project should not have any significant impacts on rare or endangered plant or animal life in this area. The RA-la zoning would allow the land to be subdivided. In so doing, it would allow the Applicant's son to re-finance the mortgage that currently encumbers the entire site. Thus, the project will indirectly fulfill the objectives of the housing element. The Plan also emphasizes that developments be mindful of an area's natural beauty. In this situation, the project—with the protective conditions —will continue to be used in a manner where it blends with the existing terrain. As the project site is more than four (4) miles from the ocean, the usual coastal resources concern is not pronounced. There will be no interference with shoreline access. Then, too, through the use of a septic system or other acceptable form of wastewater system, impacts to the coastal water will be minimized. There will be marginal impact to public facilities. The wastewater system will be private. There is an existing county water meter serving the site. Vehicular access to the site is already fully improved and accessible by emergency vehicles. Schools and other public facilities are also located proximate to the site, most of them being less than three (3) miles away. 16 Finally, in terms of the Land Use and Agricultural elements, the pertinent goals, policies, and standards of the General Plan note the following: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County • Protect and encourage the intensive utilization of the County's limited prime agricultural land • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need • The compatibility.of agricultural and non-agricultural uses should be carefully reviewed and where appropriate, buffers required • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations • The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment • Agricultural land shall be used as one form of open space or green belt. In view of the foregoing goals and policies, it is noted that the requested zoning would be consistent with the Low Density Urban designation of the LUPAG map. It would also be generally compatible with the surrounding area. While immediate neighboring properties consist of two (2) to three (3) acre in size, there are two (2) properties proximate to the site that are zoned RA-la and RA-.5a, while two (2) properties are also being favorably considered for those same zonings. The requested zoning and use would not be totally incongruous with the emerging character of this area. 17 Although the soil of the site is classified "E" or Very Poor by the Land Study Bureau, there has and will continue to be some measure of agricultural use on the property. This request, however, would enable the refinancing the property such that funds could be set aside to expand and/or intensify the agricultural use of the site. The intended users of the site are children of the Applicant, one of whom have worked and continue to work the farm. With that background and now with each having its own lot, the continued agricultural use of the property should not diminish. The property has no severe topographic or geologic problems that would render the land unusable for the proposed subdivision and activity. C. Hilo Community Development Plan As noted earlier, the Hilo CDP was adopted by the Planning Commission in 1975 over 25 years ago and intended to further define the General Plan and provide short and middle range implementation strategies of the General Plan. Since the adoption of the Hilo CDP, there have been significant land developments in the City of Hilo, including the shopping complexes in and around the Puainako/Kanoelehua Intersection, expanded commercial uses near the University complexes and commercial/industrial uses along the southern portion of the Waiakea House Lots area. These developments render many of the CDP land use concepts obsolete. Although the document was reviewed by the County Council, the CDP was never adopted by ordinance. The CDP's Land Use Concept Map identified this area as A-3a, which is inconsistent with the County General Plan LUPAG map. The LUPAG map has been amended to reflect a Low Density Urban designation. As such, some of the planning assumptions reflected in the 1975 CDP are now obsolete. The GP LUPAG map therefore is a more accurate land use depiction of the affected properties and surrounding lands. The County Charter requires all change of zones to be consistent with the designation in the General Plan. In this case, the GP LUPAG designation is Low Density Urban, and thus, the requested RA-la zoning would be consistent. 18 D. Zoning and Subdivision The designated zoning of the site is Ag-3a. Should the RA-la zoning be approved, the requirements of the zoning and subdivision codes would generally be complied, including use and related development standards. These include the incorporation of appropriate restrictive covenants relating to density, use, and design restrictions. However, depending on the subdivision requirements, the Applicant may seek some relief of any infrastructural and/or setback requirements. As noted earlier, the City of Hilo Zone Map has a future 80-foot wide arterial road running the width of the rear or southern portion of the subject lot. With the existing dwelling currently being setback at forty five (45) feet, this future right-of-way would make that dwelling non- conforming with respect to setback. Thus, setback relief may be sought for any proposed expansion of the existing structure and/or any new structures. 19 § 25-5-49 HAWAII COUNTY CODE (c) Plan approval shall be required for all new buildings and additions to existing buildings in the RCX district, except for construction of one single-family dwelling and any accessory buildings per lot. (d) Exceptions to the regulations for the RCX district regarding heights, building site areas, building site average widths and yards, may be approved by the commission within a planned unit development. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999;Am. 2005, Ord. No. 05-155, sec. 7; Am. 2015, Ord. No. 15-33, sec. 4.) Division 5. RA, Residential and Agricultural Districts. Section 25-5-50. Purpose and applicability. The RA(residential and agricultural) district provides for activities or uses characterized by low density residential lots in rural areas where "city-like" concentrations of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with low density residential lots. The RA district is intended to be only within areas designated as being in the State land use rural or urban districts. (1996, Ord. No. 96-160, sec. 2; ratified and amended April 6, 1999.) 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. 25-86 Planning Dept. Exhibit 2 ZONING § 25-5-52 (10) Family child care homes. (11) Group living facilities. (12) Kennels, provided that the building site is a minimum of five acres in area and the structures are located at least one hundred feet away from any lot line. (13) Livestock production (excluding pigs), provided that: (A) The requirements of the department of health are met; (B) Approval of the director is obtained; and (C) Any feed or water area, salt lick, corral, run, barn, shed, stable, house, hutch, or other enclosure for the keeping of any permitted animal shall be located at least seventy-five feet from any lot line. (14) Parks, playgrounds, tennis courts, swimming pools, and other similar open area recreational facilities. (15) Public uses and structures, as permitted under section 25-4-11. (16) Roadside stands for the sale of agricultural products grown on the premises. (17) Stables, commercial or boarding, provided that the building site is a minimum of five acres in area and the structures are located at least one hundred feet away from any lot line. (18) Utility substations, as permitted under section 25-4-11. (19) Veterinary establishments. (b) The following uses may be permitted in the RA district, provided that a use permit is issued for each use: (1) Golf courses and related golf course uses, including golf driving ranges, golf maintenance buildings and golf club houses, provided that the property is within the state land use urban or rural district. Golf courses and golf driving ranges shall not be permitted within the state land use agricultural district unless approved by the County before July 1, 2005. (2) Telecommunication antennas and towers. (c) The following uses may be permitted in the RA district, provided that if a building site is located within the State land use rural district, the following uses may be permitted if a special permit is obtained for such use: (1) Bed and breakfast establishments, as permitted under section 25-4-7. (2) Community buildings, as permitted under section 25-4-11. (3) Country clubs, tennis clubs and other similar recreational facilities which include buildings or indoor recreational features. (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. 25-87 § 25-5-52 HAWAII COUNTY CODE (d) The following uses may be permitted in the RA district, provided that either a use permit is issued for each use if the building site is within the State land use urban district or a special permit is issued for each use if the building site is within the State land use rural district: (1) Bed and breakfast establishments, as permitted under section 25-4-7. (2) Crematoriums, funeral homes, funeral services, and mortuaries. (3) Churches, temples and synagogues. (4) Day care centers. (5) Hospitals, sanitariums, old age, convalescent, nursing and rest homes. (6) Major outdoor amusement and recreation facilities, includes stadiums, sports arenas, and other similar open air recreational uses. (7) Schools. (8) Yacht harbors and boating facilities. (e) Buildings and uses accessory to the uses permitted in this section shall also be permitted in the RA district. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999;Am. 2008, Ord. No. 08-155, sec. 11; Am. 2010, Ord. No. 10-17, sec. 4; Am. 2012, Ord. No. 12-28, sec. 7; Ord. No. 12-124, sec. 6; Am. 2014, Ord. No. 14-86, sec. 7.) Section 25-5-53. Height limit. The height limit in the RA district shall be thirty-five feet. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-54. Minimum building site area. The minimum building site area in the RA district shall be one-half acre. RA districts having larger areas may be designated in increments of one-half acre up to a recommended maximum of three acres. The recommended maximum does not specify an absolute upper limit for any building site in the RA district. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-55. Minimum building site average width. Each building site in the RA district shall have a minimum average width of one hundred feet for the first one-half acre of required area, plus twenty feet for each additional one-half acre of required area;provided that no building site shall be required to have an average width greater than three hundred feet. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-56. Minimum yards. Minimum yards in the RA district shall be as follows: (1) Front and rear yards, twenty-five feet; and (2) Side yards, fifteen feet. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) 25-88 ZONING § 25-5-57 Section 25-5-57. Other regulations. (a) If any legal building site in the RA district has an area less than one-half acre, then the yard and height requirements for the building site shall be the same as the yard requirements for the RS district. (b) Plan approval shall be required prior to the construction or installation of any new structure or development, or of any addition to an existing structure or development which is used for minor agricultural products processing. (c) An ohana dwelling may be located on any building site in the RA district, as permitted under article 6, division 3 of this chapter. (d) Exceptions to the regulations for the RA district regarding heights, building site areas, building site average widths and yards, may be approved by the commission within a planned unit development pursuant to article 6, division 1 of this chapter. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999;Am. 2015, Ord. No. 15-33, sec. 4.) Division 6. FA, Family Agricultural Districts. Section 25-5-60. Purpose and applicability. The FA(family agricultural) district provides for a blend of small-scale agricultural operations associated with residential activities and which may be characterized by farm estates, small acreage farms, or subsistence lots. The FA district is intended to be in areas designated as being within the State land use agricultural district, where public services and infrastructure are appropriate to support the very low density residential needs of a rural community and where substantial number of parcels are less than five acres in size, and where a mix of uses will not conflict with or be detrimental to existing agricultural uses in the surrounding area. In addition, this district is intended to be primarily comprised of agricultural lands less than five acres in area, which are not classified as A or B lands under the land study bureau's master productivity rating, or classified as prime, unique, or other important agricultural lands. Provided, that this district may include lands so classified if the lands are situated within an urban expansion or other urban designation under the general plan land use pattern allocation guide (LUPAG) map. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-61. Designation of FA districts. Each FA(family agricultural) district shall be designated on the zoning map by the symbol"FA" followed by a number and the lower case letter"a"which indicates the required number of acres for each building site. For example, FA-la means a family agricultural district with a minimum building site area of one acre. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) 25-89 UNOFFICIAL ADVANCE SHEET-Contains sec(s). affected since publication of Supp. 19(1-2015) Official revision to be published in 2015 Edition of Code. x ` w January 8, 2016 i..7 TO: Mr. Duane Kanuha, Director , --- Planning Department = =, FROM: Keith K. Okamoto, Manager—Chief Engineer SUBJECT: Change of Zone Application (REZ 15-000198) 3 Applicant—Watanabe Family Trust Request: A-3a to RA-la T1 Tax Map Key 2-2-051:003 We have reviewed the subject application and have the following comments and conditions. Please be informed that the subject parcel currently fronts an existing 2-inch waterline within Lama Street, approximately 500 feet from an existing 12-inch waterline within Railroad Avenue. Each unit of water is equal to an average of 400 gallons per day which is suitable for only one single-family dwelling. Furthermore, both dwellings shall not share the existing meter, and the water system plumbing between the two dwellings shall not be interconnected in any way. Please be informed that the subject parcel is currently served by an existing meter(Account No. 130-96500). The Department requests that the plat map be revised to show the existing meter with the meter number. The applicant will be required to designate, in writing, which lot within the proposed subdivision will be assigned the existing service, prior to recommending final subdivision approval. Should the existing meter location not front the parcel that it will serve, the existing meter would need to be relocated to comply with the Department's Rules and Regulations. 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 2-lot development, the required water commitment deposit is $150.00. Remittance by the applicant of the $150.00 is requested as soon as possible so that a water commitment may be formally issued. The commitment will be in writing with specific conditions and effective dates stated. Please keep in mind that this letter shall not be construed as a water commitment. In other words, unless a water commitment is officially effected, water availability is subject to change without notice, depending on the water situation. For your information, final subdivision will be subject to the following conditions: Planning Dept. Exhibit 3 41,r Our_'i' C}` 7';'`!'C iou 'Resource oufce , . 'l' l z_` _`1 ne . . . Mr. Duane Kanuha, Director Page 2 January 8, 2016 1. Construct necessary water system improvements, which shall include, but not be limited to: a. extension of the existing water mains capable of delivering water at adequate pressure under peak-flow and fire-flow conditions; the minimum diameter of which shall be 6 inches, b. service laterals that will accommodate a 5/8-inch meter to each lot, c. subject to other agencies' requirements to construct improvements within the road right- of-way fronting the property affected by the proposed development,the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities, should they be necessary, and d. installation of a reduced pressure type backflow prevention assembly within five (5) feet of the existing/proposed meter on private property. The installation of the backflow prevention assembly must be inspected and approved by the Department before commencement of water service. Submit construction plans, prepared by a professional engineer licensed in the State of Hawai`i, for review and approval. 2. Remit the prevailing facilities charge balance, 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 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. 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. Mr. Duane Kanuha, Director Page 3 January 8, 2016 Should there be any questions, please contact Mr. Troy Samura of our Water Resources and Planning Branch at 961-8070, extension 255. Sincerely yours, / AMP Keith K. Okamoto, '.E. Manager-Chief Engineer TS:dfg copy - Mr. Sidney M. Fuke, Planning Consultant Watanabe Family Trust(w/copy of Rule 5 of the Rules and Regulations) MqY%Of y , William P. kenos - •? � "?„�� BJ Leithead Todd Mayor 's Director Walter K.M.Lau '�rE'of•N'+►�- John A.Medeiros Managing Director Deputy Director I MI DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanuo`a Street,Suite 41 • Hilo,Hawaii 96720 (808)961-8083 - Fax(808)961-8086 cs� MEMORANDUM =� Date : December 14,2015 - - To : DUANE KANUHA, Planning Director From: BJ LEITHEAD TODD, Director 1 I Subject: Change of Zone App(REZ 15-000198) Applicant: Watanabe Family Trust Request: A-3a to RA-la TMK:2-2-051:003 The Solid Waste Division has reviewed the subject application and offers the following recommendations (Please note Wastewater Division's comments will submitted separately): DEPARTMENT COMMENTS: ( ) Wastewater Division had no comment as this area is not a sewered and there are no immediate plans for sewering of the area. ( ) Other SOLID WASTE COMMENTS: (Contact Solid Waste Division for details.) ( ) No comments ( ) Commercial operations, State and Federal agencies,religious entities and non-profit organizations may not use transfer stations for disposal. ( ) Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. ( ) Ample and equal room should be provided for rubbish and recycling. ( ) Green waste may be transported to the green waste sites located at the Kailua and Hilo transfer stations,or other suitable diversion programs. ( ) Construction and demolition waste is prohibited at all County Transfer Stations. ( ) Submit Solid Waste Management Plan in accordance with attached guidelines. ( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. ( ) Other: Planning Dept. ” • Exhibit DEC 2 ' 2015 vk . 02660,_- c County of Hawai`i is an Equal Opportunity Provider and Employer. — E • 1'�ttOF . ��v Www: William P.Kenoi :I • '!i•;�%�;.1B.i Leithead Todd Mayor --_--'r l i Director v � Walter K.M. an •�'+rF of N'.... John A.Medeiros Managing Director -- Deputy Director County of Hawaii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanao`a,Suite 41 • Hilo,Hawai'i 96720 (808)961-8083•Fax(808)961-8086 MEMORANDUM „ Date : December 16,2015 =. To DUANE KANUHA, Planning Director .3 From: BJ LEITHEAD TODD,Director 67 Subject: Change of Zone App(REZ 15-0001(198) — -11 Applicant: Watanabe Family Trust Request: A-3a to RA-la TMK: 2-2-051:003 The Wastewater Division has reviewed the subject application and offers the following recommendations (please note Solid Waste Division comments will be submitted separately): DEPARTMENT COMMENTS: — WASTEWATER COMMENTS: (Contact Wastewater Division for details.) Lyle Hirota (X ) No comments ( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii County Code. ( ) Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawai'i County Code. Complete Sewer Extension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawai'i County Code. ( ) Check or line out as applicable: [ ] If required by the Director of the Department of Environmental Management("Director of DEM"), [ ]applicant shall conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. Applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require,which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief for details. ( ) Other: Countyof Hawai`i is an 1 0 6 6 Equal Opportunity Provider and Employer. 2 e! William P.Kenoi ..;‘,.?".5,';'''."7. ,•4o�,cv os NDN'.;' r'�~ ► til ^ r'r'` ' Harry S.Kubojiri Mayor \ ' ; Police Chief N.°F_... Paul K.Ferreira Deputy Police Chief County of Hawai' i POLICE DEPARTMENT 349 Kapi`olani Street • Hilo,Hawaii 96720-3998 (808)935-3311 • Fax(808)961-2389 January 5, 2016 TO : DUANE NUHA, P► NING DIRECTOR FROM : H N Y . TAVAR , 6,-'.' , A SSISTANT POLICE CHIEF ARE I PERATIO SUBJECT: CHANGE OF ZONE APPLICATION (REZ 15-000198) APPLICANT: WATANABE FAMILY TRUST REQUEST: A-3A TO RA-1A TAX MAP KEY: 2-2-051:003 Staff, upon reviewing the provided documents, does not anticipate any significant impact to traffic and/or public safety concerns. Thank you for allowing us the opportunity to comment. If you have any questions, please contact Captain Richard Sherlock, Hilo Patrol, at 961- 2214 RS:Ili 150824 Planning Dept. Exhibii,..S. SCANNED JAN 0 7 2016 "Hawai'i County is an Equal Opportunity Provider and Employer" 1 William P. Kenoi ted?1:1;2!k","it, Darren J. Rosario Mayor — Sr Fire Chief Renwick J. Victorino Deputy Fire Chief County of J atuai`i HAWAII FIRE DEPARTMENT 25 Aupuni Street•Suite 2501•Hilo,Hawaii 96720 r`= (808)932-2900•Fax(808)932-2928 - - rt December 17,2015 3 TO: DUANE KANUHA,PLANNING DIRECTOR FROM: DARREN J. ROSARIO, FIRE CHIEF = SUBJECT: Change of Zone Application(REZ 15-000198) Applicant: Watanabe Family Trust Request: A-3a to RA-l a Tax Map Key:2-2-051:03 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 0,, may require additional safeguards including, but not limited to, additional fire appliance units, CA more than one type of appliance, or special systems suitable for the protection of the hazard = .1. involved. C 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.- J1 AWA�i ; DEC 2 '3 2015 , Nnwni'i County is an Equal Opporhinity Provider and Einploiger x. 0260 Duane Kanuha December 17, 2015 Page 2 C-. 18.1.1.2.1 Fire Hydrant use and Restrictions.No unauthorized person shall use or operate any Fire hydrant unless such person first secures permission or a permit from the owner or representative of the department, or company that owns or governs that water supply or system. Exception: Fire Department personnel conducting firefighting operations, hydrant testing, and/or maintenance, and the flushing and acceptance of hydrants witnessed by Fire Prevention Bureau personnel. 18.2 Fire Department Access. 18.2.1 Fire department access and fire department access roads shall be provided and maintained in accordance with Section 18.2. 18.2.2* Access to Structures or Areas. 18.2.2.1 Access Box(es). The AHJ shall have the authority to require an access box(es)to be installed in an accessible location where access to or within a structure or area is difficult because of security. 18.2.2.2 Access to Gated Subdivisions or Developments.The AHJ shall have the authority to require fire department access be provided to gated subdivisions or developments through the use of an approved device or system. 18.2.2.3 Access Maintenance. The owner or occupant of a structure or area, with required fire department access as specified in 18.2.2.1 or 18.2.2.2, shall notify the AHJ when the access is modified in a manner that could prevent fire department access. 18.2.3 Fire Department Access Roads. (*may be referred as FDAR) 18.2.3.1 Required Access. 18.2.3.1.1 Approved fire department access roads shall be provided for every facility, building, or portion of a building hereafter constructed or relocated. 18.2.3.1.2 Fire Department access roads shall consist of roadways, fire lanes,parking lots lanes, or a combination thereof. 18.2.3.1.3* When not more than two one- and two-family dwellings or private garages, carports, sheds, agricultural buildings, and detached buildings or structures 400ft2 (37 m2) or less are present,the requirements of 18.2.3.1 through 18.2.3.2.1 shall be permitted to be modified by the AHJ. Duane Kanuha December 17, 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 December 17, 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 December 17, 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 December 17, 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 December 17,2015 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 December 17,2015 Page 8 3) The Fire Department Connection(FDC) shall: a) be made of galvanized steel; b) have a gated valve with 2-1/2 inch,National Standard Thread male fitting and cap; c) be located between 8 ft and 16 ft from the Fire department access. The location shall be approved by the AHJ; d) not be located less than 24 inches, and no higher than 36 inches from finish grade, as measured from the center of the FDC orifice; e) be secure and capable of withstanding drafting operations. Engineered stamped plans may be required; f) not be located more than 150 feet of the most remote part, but not less than 20 feet, of the structure being protected; g) also comply with section 13.1.3 and 18.2.3.4.6.1 of this code. 4) Commercial buildings requiring a fire flow of 2000gpm shall be provided with a second FDC. Each FDC shall be independent of each other, with each FDC being capable of flowing 500gpm by engineered design standards. The second FDC shall be located in an area approved by the AHJ with the idea of multiple Fire apparatus'conducting drafting operations at once, in mind. 5) Inspection and maintenance shall be in accordance to NFPA 25. 6) The owner or lessee of the property shall be responsible for maintaining the water level, quality, and appurtenances of the system. EXCEPTIONS TO SECTION 18.3.8: 1) Agricultural buildings, storage sheds, and shade houses with no combustible or equipment storage. 2) Buildings less than 800 square feet in size that meets the minimum Fire Department Access Road requirements. 3) For one and two family dwellings, agricultural buildings, storage sheds, and detached garages 800 to 2000 square feet in size, and meets the minimum Fire Department Access Road requirements, the distance to the Fire Department Connection may be increased to 1000 feet. 4) For one and two family dwellings, agricultural buildings, and storage sheds greater than 2000square feet, but less than 3000 square feet and meets the minimum Fire Department Access Road requirements, the distance to the Fire Department Connection may be increased to 500 feet. Duane Kanuha December 17, 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. 4:24. 944'.":" DARREN .1. ROSARIO Fire Chief CB:ds nl6 .iPI\t r("'1 `.`• �y DAVID Y.ICE . .. H y; ' . SUZANNE D.CASE GOVERNOR OF fiiWA:f 111.04".. 4 a 1959 i'\i CHAIRPERSON 9 :` {(Yi HQ 4 ORLANDAND NATURAE.RESOURCES Irr - • ".\gYnJISSIONON\FATERRESol.72CE old and Ndr t Irl'fk�+,[ r z } MAN AGEMENT , c144 11174V1 STATE OF HAWAII stated Havla' DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 MONO I.I I LI 1.HAWAII 96809 January 5, 2016 County of Hawaii Planning Department Attention: Mr. Jeff Darrow via email: idarroE,ccl co.lrawaii.hi.us 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Darrow: SUBJECT: Change of Zone Application(REZ 15-000198); Request: A-3a to RA-la Applicant: Watanabe Family Trust Thank you for the opportunity to review and comment on the subject matter. The Department of Land and Natural Resources' (DLNR) Land Division distributed or made available a copy of your report pertaining to the subject matter to DLNR Divisions for their review and comments. At this time, enclosed are comments from the (a) Engineering Division and (b) Land Division—Hawaii District on the subject matter. Should you have any questions,please feel free to call Lydia Morikawa at 587-0410. Thank you. Sincerely, 1 Y. Tsuji Land Administrator Enclosure(s) Planning Dept. cc: Central Files Exhibit, SCANNEDJAN a s 7nnR not 1 0 2 9 2 e- DAVID Y.IGi', , C . O •Nq SUZAN'.0 D.CASE GOVERNOR OF HAWAII l.(f'••••1\9.59, y •.,�. CHAIRPERSON /y.. v k1 - BOARD OFI AND AND NATURAL RESOURCES '7 COMMISSION ON WATER RESOURCE ? ` /t MANAGEMENT �� pndand ry ` *�vi i l \111111 1.� ��f pec` b'' �?,;- � STATE OF HAWAII State DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOLIMLII.HAWAII 96509 December 16,2015 MEMORANDUM TO: DLNR Agencies: _Div. of Aquatic Resources Div. of Boating&Ocean Recreation X Engineering Division • Div. of Forestry&Wildlife Div. of State Parks Commission on Water Resource Management _Office of Conservation&Coastal Lands X Land Division—Hawaii District X Historic Preservation FROM: ,,, s 'Y. Tsuji,Land Administrate SUBJECT: / ( of Zone Application(REZ 15-000198); Request: A-3a to RA-la LOCATION: South Hilo, Island of Hawaii; TMK: (3)2-2-051:003 . APPLICANT: Watanabe Family Trust Transmitted for your review and comment is information on the above-referenced application. We would appreciate your comments on this application by January 5,2016. If no response is received by this date, we will assume your agency has no comments. If you have any questions about this request,please contact Lydia Morikawa at 587-0410. Thank you. Attachments ( 4 We have no objections. ( ) We have no comments. ( ) Comments are attached. Signed: �—' ! ._ -= - Print Name: a� f ✓' ,�' , �,;— Date: / t_rr% cc: Central Files = ' DAVID Y.ICE i%t E---ii-i------- DAVID R^hq ti;; SUZANNE D.CASE COVERT:OR OF HAWAII 4.�P,r�#•1Q 59..**NV; CHAIRPERSON /yi �,';,c.+y`.,1 BOARD OF I AND AND NATURAL RESOURCES r t COMM.SSION ON TATER RESOURCE + ft� i'* 11 ' MANAGEMENT `and and q. ' ^i`vial-I ; ;3 a[� Fes, �s r ,, ae......,:,,,,, ,--:: ,a > STATE OF HAWAII State oriirp0 DEPARTMENT OF LAND AND NATURAL RESOURCES .' LAND DIVISION '`` POST OFFICE BOX 521 C.; HONOT.TJT,U.HAWAII 9(8O9 a December 16,2015 ' w MEMORANDUM I DLNR Agencies: ` Div. of Aquatic Resources ,. _Div. of Boating& Ocean Recreation X Engineering Division Div. of Forestry&Wildlife _Div. of State Parks __Commission on Water Resource Management _Office of Conservation&Coastal Lands X Land Division—Hawaii District X Historic Preservation ""'~ FROM: s . Tsuji,Land Administrates`` SUBJECT: C ge of Zone Application(REZ 15-000198);Request: A-3a to RA-1a LOCATION: South Hilo,Island of Hawaii;TMK: (3)2-2-051:003 APPLICANT: Watanabe Family Trust Transmitted for your review and comment is information on the above-referenced application. We would appreciate your comments on this application by January 5,2016. If no response is received by this date, we will assume your agency has no comments. If you have any questions about this request,please contact Lydia Morikawa at 587-0410. Thank you. Attachments ( ) We have no objections. ( ), We have no comments. ( 1/f) Comments are attached. Signed: Print Name: *° Carty S. Chang, Chief Engineer Date: f. ,_ ; cc: Central Files DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LD/Russell Y.Tsuji REF: Change of Zone Application(REZ 15-000198);Request: A-3a to RA-la Hawaii.076 COMMENTS (X) We confirm that the project site,according to the Flood Insurance Rate Map(FIRM),is located in Zone X. The National Flood insurance Program(NFIP)does not regulate developments within Zone X. () Please take note that the project site according to the Flood Insurance Rate Map(FIRM),is located in Zone () Please note that the correct Flood Zone Designation for the project site according to the Flood Insurance Rate Map(FIRM)is () Please note that the project must comply with the rules and regulations of the National Flood Insurance Program(NFIP)presented in Title 44 of the Code of Federal Regulations(44CFR), whenever development within a Special Flood Hazard Area is undertaken. If there are any questions,please contact the State NFIP Coordinator,Ms.Carol Tyau-Beam,of the Department of Land and Natural Resources,Engineering Division at(808)587-0267. Please be advised that 44CFR indicates the minimum standards set forth by the NFIP. Your Community's local flood ordinance may prove to be more restrictive and thus take precedence over the minimum NFIP standards. If there are questions regarding the local flood ordinances, please contact the applicable County NFIP Coordinators below: () Mr.Mario Siu Li at(808)768-8098 of the City and County of Honolulu,Department of Planning and Permitting. () Mr.Carter Romero(Acting)at(808)961-8943 of the County of Hawaii,Department of Public Works. () Mr.Carolyn Cortez at(808)270-7253 of the County of Maui,Department of Planning. () Mr.Stanford Iwamoto at(808)241-4896 of the County of Kauai,Department of Public Works, O The applicant should include project water demands and infrastructure required to meet water demands. Please note that the implementation of any State-sponsored projects requiring water service from the Honolulu Board of Water Supply system must first obtain water allocation credits from the Engineering Division before it can receive a building permit and/or water meter. () The applicant should provide the water demands and calculations to the Engineering Division so it can be included in the State Water Projects Plan Update. () Additional Comments: O Other: —Should you have any questions,please call Mr.Rodney Shiraishi of the Planning Branch at 587-0258. Signed: CARTY S.CHANG,CHIEF ENGINEER Date: ii "K3 'rn-nn< *'34 :.'..7...''''', ..; 1 ," �:,r-'4 71`` '�, r, k ppm ¢ ..4 aL�. _ " !" T. ,yen .m'r*'.-*4. 4,- x. ,"*.,ate'° ,fig,.., , '_ � ,- fir`-; $'" * - g... . -7., a , r -t>4 '! _ ol .. , - -. -.."07,.., ' 1''' .. ' 40., 4 ki.„. ,_.;-., ..:, ,.,, .. ..:...... ., , -F''''' 4 Ji i... 44[41 FLOOD HAZARD ASSESS1FiT TOL 1.111,R If II nK7; Flood Hazard Assessment Report ° www.hawaiinfip.org SPECIAL FLOOD HAZARD AREAS(SFHAs)SUBJECT TO INUNDATION BY ' L . /' THE 1%ANNUAL CHANCE FLOOD -The 1%annual chance flood(100- ' ' $ year),also know as the base flood,Is the flood that has a 1%chance of v `>' being equaled or exceeded in any given year.SFHAs include Zone A,AE, ' ''' 'r':a "s AH,AO,V,and VE.The Base Flood Elevation(BFE)is the water surface elevation of the 1%annual chance flood. Mandatory flood insurance Property Information Notes: purchase applies in these zones: COUNTY: HAWAII 11111 Zone A:No BFE determined. TMK NO: (3)2.2-051:003 11111 Zone AE:BFE determined. WATERSHED: KAAHAKINI PARCEL ADDRESS: 580(AMA STREET Zone All:Flood depths of 1 to 3 feet(usually areas of ponding); HILO,HI 96720 BFE determined. Zone AO:Flood depths of 1 to 3 feet(usually sheet flow on Flood Hazard Information sloping terrain);average depths determined. FIRM INDEX DATE: APRIL 02,2004 Zone V:Coastal flood zone with velocity hazard(wave action); LETTER OF MAP CHANGE(5): NONE no BFE determined. FEMA FIRM PANEL: 15516608950 Zone VE:Coastal flood zone with velocity hazard(wave action); BFE determined. PANEL EFFECTIVE DATE: PANEL NOT PRINTED Zone AEF.Floodway areas in Zone AE.The floodway is the channel of stream plus any adjacent floodplain areas that must be kept free of encroachment so that the 1%annual chance flood can be carried without Increasing the BFE. NON-SPECIAL FLOOD HAZARD AREA-An area in a low-to-moderate risk THIS PROPERTY IS WITHIN A TSUNAMI EVACUTION ZONE: NO flood zone.No mandatory flood insurance purchase requirements apply, FOR MORE INFO,VISIT:http://www.scd.hawaii.gov/ but coverage Is available in participating communities. THIS PROPERTY IS WITHIN A DAM EVACUATION ZONE: NO 11111 Zone XS(X shaded):Areas of 0.2%annual chance flood;areas of FOR MORE INFO,VISIT:http://dlnreng.hawali.gov/dam/ 1%annual chance flood with average depths of less than 1 foot Sor with drainage areas less than 1 square mile; and areas protected by levees from 1%annual chance flood. Zone X:Areas determined to be outside the 0.2%annual chance 0 200 400 ft floodplain. Disclaimer:The Hawaii Deportment of Land and Natural Resources(DLNR)assumes no responsibility arising from OTHER FLOOD AREAS the use,accuracy,completeness,and timeliness of any information contained in this report.Viewers/Users ore responsible for verifying the accuracy of the information and agree to indemnify the OMR,its officers,and employ ees from any liability which may arise from its use of its data or information. Zone D: Unstudied areas where flood hazards are undeter- mined,but flooding is possible.No mandatory flood insurance 1/this snap has been identified as'PRELIMINARY'.pleose note that it is being provided far informational nurpase: purchase apply,but coverage is available in participating commu- ord is sat to be used far flood insurance rating.Contact your county floodplain manager for flood cone determine nines. liens to be used for compliance with local floodplain manolternent regulations. SUZANNE D.CASE 0 AT DAVID V.IGE =i$r4�'. BOARD OF LAND AND NATURAL RESOURCES GOVERNOR OF HAWAII f',V.IG H9 '•.1�1 COMMISSION ON WATER RESOURCE MANAGEMENT r 1 KEKOAKALUIDWA c FIRST DEPUTY .0D°and 4 1 of `�r4.• t s '. JEFFREY T.PETERSON y�� ../ l s t. J., DEPUTY DIRECTOR-WATER '+ •' ' rr ! AQUATIC RESOURCES y elf• \, ��•., �" BOATING AND OCTAN RECREATION � f _._/ I N •r% BUREAU OF CONVEYANCES . .... COMMISSION ON WAIFR RESOURCE MANAGEMENT `•'+•� CONSERVATION AND COASTAL LANDS STATE OF HAWAII CONSERVATION ANDRESOOURC ENFORCEMENT ENFORESTRY AND WILDLIFE tate di-W. ` DEPARTMENT OF LAND AND NATURAL RESOURCES CpN001:HISWE OISLICPRESERVAND ATI PRESERVATION LAND STATE HISTORIC PRESERVATION DIVISION STATE PARKS KAKUHIHEWA BUILDING 601 KAMOKILA BLVD,STE 555 KAPOLEI,HAWAII 96707 December 24,2015 Sidney Fuke LOG NO:2015.03986 Planning Consultant DOC NO: 1512SN08 100 Pauahi Street,Suite 212 Archaeology Hilo,HI 96720 Aloha Mr.Fuke: SUBJECT: Chapter 6E-42 Historic Preservation Review— County of Hawaii Change in Zoning/Subdivision for Lot 25 of Panaewa House Lots Waiakea Ahupua`a,South Hilo District,Island of Hawaii TMK:(3)2-2-051:003 Thank you for the opportunity comment to review this request for determination that was received by our office on November 24,2015.The applicant requests a"no effect"determination in support of his application for a change of zoning from Agricultural(A-3a) to Family-Agricultural (FA-la) district and to subdivide the 2.73-acre parcel into two parcels for the purposes of family estate planning for the future. A review of our records indicates that there are no known archaeological sites and there has been no archaeological inventory survey(AIS)of this project area.Aerial photos confirm that the project area has been subject to previous impacts due to agricultural and rural development. Based on its current condition it is unlikely that any surface historic properties remain. Based on current information, SHPD's determination is no historic properties affected for the proposed change of zone and subdivision. In the event that historic resources, including human skeletal remains, structural remains, sand deposits, midden deposits,lava tubes,or lava blisters/bubbles are identified during any future land alterations on these parcels,please cease work in the immediate vicinity of the find,protect the find from additional disturbance,and contact the State Historic Preservation Division at(808)933-7651. Please contact Sean Naleimaile at(808)933-7651 or at Sean.P.Naleimaile(eaHawaii.gov if you have any questions or concerns regarding this letter. Aloha, 3LQJ -O Susan A.Lebo,PhD PlanningDept. Archaeology Branch Chief cc: Duane Kanuha-Planning Director(planning@Jhawaiicounty.gov) Exhibit 10264x; DAVID Y.IGEVIRGINIA PRESSLER,M.D. .. „- GOVERNOR OF HAWAII DIRECTOR OF HEALTH g intAl M r i • Lai—U 4"/ STATE OF HAWAII DEPARTMENT OF HEALTH P.O.BOX 916 HILO, HAWAII 96721-0916 6MEMORANDUM DATE: December 30, 2015 TO: Mr. Duane Kanuha Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 15-000198) Applicant: Watanabe Family Trust Request: A-3a to RA-la Tax Map Key: 2-2-051:003 The Health Department found no environmental health concerns with regulatory implications in the submittals. Planning Rept. Exhibit WORD: REZ I5-000198.eh I JAI A 4 DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: January 14, 2016 Makridattaffe TO: Duane Kanuha, Planning Director FROM: efkr Department of Public Works, Engineering Division SUBJECT: CHANGE OF ZONE APPLICATION (REZ 15-000198) Applicant: Watanabe Family Trust Request: A-3a to RA-1a Tax Map Key: 2-2-51: 003 We have reviewed the subject application forwarded by your memo dated December 14, 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 Lama Street as a collector with an existing right-of-way width of 50 feet. The existing driveway access(within the County right-of-way) that serves the future parcel labeled Lot 25-B is non-conforming [not constructed of concrete or asphalt concrete (AC)]. We recommend the landowner obtain a Permit to Work within the County Right-of-Way for the construction of a concrete or AC driveway connection to Lama Street. Questions may be referred to Kelly Gomes at ext. 8327. Planning Dept. E�chibiL. County of Hawaii is an Equal Opportunity Provider and Employer SidneyFuke, Planning Consultant 100 Pauahi Street,Suite 212•Hilo,Hawaii 96720 ?G15 t[it 7q q{ry t y •Planning•Variance•Zoning Telephone:(808)969-1522•Cell:(808)989-0640 t L U •Subdivision•Land Use Permits E-mail:sidfuke@hawaiiantel.net •Environmental Reports # �. L OLA V i I 1L Ir` 1}IiI December 28. 2015 Mr. Duane Kanuha.Director Planning Denartmen: COUNTY OF HAWAII i O l Pauahi Street Hilo, HI 96720 Dear Mr. Kanuha: Subject: Rezoning Application(REZ 15-000198) Watanabe Family Trust TMK: 2-2-051: 003 Thank you for providing me with a copy of agency comments to date regarding the subject application. In response to these comments,we provide the following: a. The County Department of Environmental Management had no comments or objections to the request relative to wastewater or solid waste concerns. ?. Relative to the County Fire Department, its requirements relative to fire flow and/or or related protective measures will and can be specifically addressed and complied with in conjunction with the subdivision process. We trust that the above adequately responded to the comments to date. If not or if there are further questions or comments on this matter,please let me know. Thank you very much. S' cerely, 11?‘ SIDNEY M. FUKE Planning Consultant Copy—Watanabe Family Trust via email Planning Dept. Exhibit/L._ DEC 3 fl 2015 r 1112 7 8 2 RWatanabeREZ.jwd 01-13-16 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION WATANABE FAMILY TRUST CHANGE OF ZONE APPLICATION (REZ 15-000198) 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 is requesting a Change of Zone from A-3a to RA-1 a 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. The reason for the request for the change of zone is to allow the property to be subdivided into two lots for family estate planning purposes. There are two dwellings constructed on the subject property. Upon approval of the request, the applicant plans to convey a lot with a dwelling to each of her two children. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The Change of Zone 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 Re: Bill 158/Comm. 728 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 subject property and surrounding area of Lama Street and Makalika 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 the rear portion of the property is improved with an additional farm dwelling. There are several green houses on the property that are used mainly for growing vegetables and the remainder of the property contains numerous types of fruit trees and some chickens. 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 -2- 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 south of Lama Street are situated in the State Land Use Agricultural district, while lands north of Lama 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 Lama 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 2-inch waterline within Lama Street for the proposed lot. The property is currently served by one water meter. 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, which have been previously approved. 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 essential utilities are available to the site. Police, fire and emergency facilities are located in Hilo. 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 -3- 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. Lastly, the Department of Land and Natural Resources- State Historic Preservation Division has issued a no-effect letter dated December 24, 2015 stating that no historic properties will be affected by the proposed change of zone and subdivision. Lastly, this approval is made with the understanding that the applicants remain responsible for complying with all other applicable governmental requirements in connection with the approved use,prior to its commencement or establishment upon the subject properties. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act(ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the above findings, 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. -4- (e-t7''' COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO. (Pim*AMU* D t) 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-1a)AT PANA`EWA HOUSE LOTS, WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-051:003. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I: SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code)of the Hawaii County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Pana`ewa House Lots, WaiAkea. South Hilo, Hawaii, shall be Residential and Agricultural—One Acre(RA-la): Beginning at a 1-inch pipe at the northeast corner of this lot, the northwest corner of Lot 24 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 16,948.23 feet South and 16,341.08 feet East,as shown on Government Survey Registered Map H.T.S. Plat. 922,thence running by azimuths measured clockwise from true South: 1. 341* 00' 538.27 feet along Lot 24 of Pana`ewa House Lots to a 1-inch pipe; 2. 71* 00' 221.24 feet along Government Land to a spike; 3. 161° 00' 538.27 feet along Lot 26 of Pana`ewa House Lots to a 1-inch pipe; -1- 4. 251° 00' 221.24 feet along the south side of Government Road(50.00 feet wide) to the point of beginning. Bearing Tax Map Key 2-2-51:3,containing an area of 2.73 acres,more or less. 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 CODITIONS 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: COINCIL ML B'`ER, COUNW OF HAWAII ,Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -3- A-10a A-3a A-3a A-3a A-3a A-10a AGRICULTURAL-THREE ACRES(A-3a)TO RESIDENTIAL AND AGRICULTURAL-ONE ACRE(RA-1a) 273 ACRES A-3a 11,1 VPnP51 � 16,94625 6,34S 13 16,344.081.D8''E O .NALAr0 7 A-3a A-3a 0 A-3a A-3a Itie Feet 0 500 1,000 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 HOUSELOTS, WAIAKEA, SOUTH HILO, HAWAII MAP PREPARED BY: TMK:(3)2-2-051:003 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:December 17,2015 EXHIBIT"A" Watanabe Mao: 1368 CWatanabeREZ.jwd 01-13-15 WATANABE FAMILY TRUST CHANGE OF ZONE APPLICATION (REZ 15-000198) 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 Hawaii Revised Statutes Chapter 165,the Hawaii Right to Farm Act;provided the fanning 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. A water commitment deposit shall be paid to the Department of Water Supply within 180 days from the effective date of this ordinance in accordance with Rule 5 of the Department of Water Supply's Rules and Regulations. The applicant is responsible for maintaining valid water commitments to support the proposed use until such time that required water facilities charges are paid in full. F. 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)extension of the existing water mains capable of delivering water at adequate pressure under peak-flow and fire-flow conditions; the minimum diameter of which shall be 6 inches, (b) service laterals that will accommodate a 5/8-inch meter to each lot, (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, and(d) installation of a reduced pressure type backflow prevention assembly within five(5)feet of the existing/proposed meter on private property,which must be inspected and approved by the Department of Water Supply before commencement of water service. G. All driveway connections to Lama Street shall conform to Chapter 22,County Streets,of the Hawaii County Code. H. Should any remains of historic sites, such as rock walls, terraces,platforms, marine shell concentrations or human burials be encountered,work in the immediate area shall cease and the Department of Land and Natural Resources— State Historic Preservation Division(DLNR-SHPD) and Planning Department shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. I. The 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 fairshare 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. 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. J. 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. K. The applicant shall comply with all applicable County, State and Federal laws, rules,regulations and requirements. L. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 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. tn 00 < LL,I 0 0 1111 L1.11 LL CO 0 Lcue z LLA (4.) 4`C Pim -44)) ....,....' ....,4 ) ......1 ‘, •,'' "' \ .....•<\ - , \ ' ' At \ < ---\, - , ,00 '. . ,. 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ALSO PRESENT: Duane Kanuha(Planning Director), Danny Patel (Deputy Corporation Counsel for the Windward Planning Commission), Daryn Arai (Planning Program Manager), Jeff Darrow (Staff Planner), Christian Kay(Staff Planner), and Sarah Hata-Finley(Commission Secretary). And approximately 13 people from the public in attendance. APPLICANT: WATANABE FAMILY TRUST (REZ 15-198) Application for a Change of Zone from an Agricultural-3 acres (A-3a) to a Residential and Agricultural-1 acre(RA-1a) zoning district for 2.73 acres of land. The property is located along the south side of Lama Street, approximately 500 feet west of the Railroad Avenue—Lama Street intersection in the Pana`ewa House Lots, Waiakea, South Hilo, Hawaii, TMK: 2-2- 051:003. HEAUKULANI: Moving to Docket No. 2, Applicant is Watanabe Family Trust, REZ 15-198, application for a Change of Zone from an Agricultural-3 acres to a Residential and Agricultural- 1 acre zoning district for 2.73 acres of land. This is property located along the south side of Lama Street, approximately 500 feet west of the Railroad Avenue—Lama Street intersection in the Pana`ewa House Lots, Waiakea, South Hilo, Hawai`i, and it's TMK: 2-2-051:003. Jeff? DARROW: Thank you, Mr. Chairman. Good morning, Mr. Chairman and Members of the Planning Commission. MOSES: Good morning. DARROW: If I could direct your attention to our next presentation. As mentioned, the Applicant is the Watanabe Family Trust, and they are requesting a Change of Zone. The area of the subject application is within the South Hilo District of Hawaii. More specifically, we're looking in the Pana`ewa House Lots area which is located in Waiakea. For reference, we have the Volcano Hawaii or Hawaii Belt Road running in a north-south direction. 1 Re: Bill 158/Comm. 728 And,running in an east-west direction is Lama Street. The subject property is identified with a black outline. Again, we also have Railroad Avenue that also runs in a north-south direction. This is our State Land Use Boundary map. The subject application is located within the Urban District. This is our General Plan Land Use Pattern Allocation Guide Map, and it identifies the subject property as being Low Density Urban. And, this is our County zoning map which identifies the subject property as well as the surrounding area as Agricultural —3 acres. We do have a property in the general area that was rezoned Residential [and] Agricultural— 1 acre which is similar to the Applicant's request. To the east, we have Agricultural— 10 acres identified in darker blue. This is an aerial photo. Again, for reference, we have Lama Street running in an east-west direction along with Railroad Avenue running in a north-south direction. With the subject property outlined in red, you'll observe that there are currently two existing dwellings as well as multiple greenhouses on the property. The Applicant is requesting a Change of Zone from Agricultural—3 acres to Residential [and] Agricultural— 1 acre for 2.73 acres of land. This is in order to subdivide the property into two lots. The RA-l a zoning allows for a minimum lot size of one acre and would allow a maximum density of two lots for the 2.73-acre property. There are two dwellings constructed on the subject property. Upon approval, the Applicant plans to convey a lot with a dwelling to each of her two children. This is the Applicant's proposed subdivision map. Again, for reference, on the right side of the map, we have Lama Street which is where entrances would be provided to the two existing lots or dwellings. We have currently one access in this general area, and then to the rear residence, we have an additional access. This would be considered Lot 1, and this would be Lot 2 for the proposed subdivision. And, again,here is the existing dwelling as well as the rear dwelling in the back of the property. These are several site photos. This is Lama Street looking mauka towards Hawaii Belt Road. The subject property is on the left. This is on Lama Street looking towards Railroad Avenue with the subject property on the right. And then this is a photo from Lama Street looking at the subject property. This is the one access that provides access to the front dwelling, and then you can see the additional access that provides access to the rear dwelling. The Planning Director is recommending that the Planning Commission send a favorable recommendation to the Hawaii County Council with conditions. With that, that concludes our presentation. Thank you. 2 HEAUKULANI: Thank you, Jeff. Commissioners, any questions for staff? Would the Applicant and representative please come forward? Good morning. Sir, would you please raise your right hand? Do you swear or affirm to tell the truth on the matter now before the Planning Commission? FUKE: Iso affirm. HEAUKULANI: Please state your name for the record and the area in which you reside. FUKE: Sure,my name is Sidney Fuke. I'm a planning consultant, and I reside here in the City of Hilo. I'm here assisting a friend of mine, Margie Watanabe. Her husband and I were like colleagues a number of years ago. Her husband used to be an agricultural specialist with the County Department of Research and Development. Over the years, you know, they were fortunate in having two children. One of the dwellings where Mrs. Watanabe currently resides, you know, she lives with her daughter and her grandchildren. The other dwelling on the property is, lives, I mean,her son lives—her son and her [sic],his family rather, live in the other dwelling. One of the things that they wanted to do by this rezoning as the staff pointed out is largely for estate planning purposes to be able to convey each of the respective property, you know, to their two children. Currently, the second dwelling, you know, where the son resides, he has a mortgage so, you know,understandably, you know,they want to be able to segregate the mortgage interest, and the only way to do that is you have to have the land subdivided. Mrs. Watanabe, who is here,has had a chance to review the staff's background report,the proposed conditions, and found them to be acceptable. I've had discussions with your staff regarding one of your conditions which relates to the fair share contribution and I, you know, I just wanted to make sure—and this relates to Condition I—and just wanted to clarify and I got clarification from your staff this morning that if the land were subdivided into two lots then the fair share contribution would not kick in inasmuch as there are two existing dwellings on the property. However, if there are additional dwellings constructed on each of the respective properties, then at that time, the fair share requirement would kick in, and that's kind of my understanding. DARROW: Yes. FUKE: Okay. There was another issue regarding the water. The way the condition was written, this is, relates to Condition F. You know, it specifically outlined, you know, certain things that had to be done relative to the water requirements. We wanted some flexibility, but then again, upon discussion with your staff again, the way the condition is worded it's like a"may" as opposed to like a"shall." In terms of Condition F, it reads like, "the Department of Water Supply, which may include" as opposed to "which shall include." But, it does outline very specific items that need to be complied with, and we wanted to have some flexibility to accommodate maybe different requirements that Department of Water Supply may stipulate at 3 some point of time in the future,but the way the condition is written, it's fine, so, the long—the long and short of it, the proposed condition based upon those understandings are acceptable to the client. HEAUKULANI: Jeff, did you have any comments on that or you have any— KANUHA: —Mr. Chairman? HEAUKULANI: I'm sorry, yes sir— KANUHA: —Mr. Fuke discussed this condition yesterday with staff, and staff talked to me about it, and,because it appeared that it's, the water commitment component, you know, is subject to providing these improvements. But, on hindsight, I would suggest for the Commission's consideration that, that it's actually not necessary to have all the specific requirements in that condition. So what I would suggest is, and again, this is referring to Condition F, is that after—okay, it says, "Prior to issuance of Final Subdivision Approval, the applicant shall construct necessary water system improvements as required by the Department of Water Supply." And, I'd delete the rest of the language in that condition. I think that adequately covers what the Department of Water Supply may or may not issue at the time that they do come in for Final Subdivision—assuming that's okay with the Applicant. FUKE: That—that really clarifies the matter. Thank you very much. HEAUKULANI: So, essentially,just gives discretion to the Department of Water Supply to decide at that time. KANUHA: Correct. HEAUKULANI: Okay, and that's acceptable to the Applicant? FUKE: Yes,that was the intent. PATEL: Mr. Chair, if I can? HEAUKULANI: Yes. PATEL: So,just to confirm, Mr. Kanuha, so you're amending your recommended conditions as you just stated? KANUHA: Correct. HEAUKULANI: And, for the record,just to be clear, the amendment is to Condition F which will now read, "Prior to issuance of Final Subdivision Approval, the applicant shall construct necessary water system improvements as required by the Department of Water Supply." And the Applicant's okay with that amendment? 4 FUKE: Yes. HEAUKULANI: Very well. Commissioners, any questions for Mr. Fuke? No questions. Thank you,sir. FUKE: Thank you. HEAUKULANI: We do not have anyone signed up to testify on this matter. Is there anyone in the audience that would like to be heard on matter no. 2 regarding Applicant, Watanabe Family Trust, REZ 15-198? Hearing none, Commissioners, I need a motion to close public hearing, please. MOSES: I make a motion to close public hearing. HEAUKULANI: Thank you. MIYASATO: Second. HEAUKULANI: Okay, we've got a motion to close public hearing by Commissioner Moses, second by Commissioner Miyasato. Commissioners, all in favor, aye? COMMISSIONERS: Aye. HEAUKULANI: Any opposition? None. Public hearing section is closed. Commissioners, is there a motion for action? IKEDA: Mr. Chairman, I move that a favorable recommendation be forwarded to the County Council on the application for Change of Zone Docket No. REZ 15-198 based on the Planning Director's recommendations, findings, and proposed conditions which shall be adopted. DELA CRUZ: Second. HEAUKULANI: I'm sorry, I didn't hear who the second was. DELA CRUZ: Second. HEAUKULANI: All right, we've got a motion by Commissioner Ikeda; second by Commissioner Dela Cruz. Jeff, would you please roll call the vote,please? DARROW: Sure, Mr. Chairman, if I could just clarify. This includes the amendment to Condition F? IKEDA/DELA CRUZ: (Nodded yes.) DARROW: Thank you. 5 HEAUKULANI: Correct. DARROW: With that, we'll take the roll call. Commissioner Ikeda? IKEDA: Aye. DARROW: Commissioner Dela Cruz? DELA CRUZ: Aye. DARROW: Commissioner Henkel? HENKEL: Aye. DARROW: Commissioner Miyasato? MIYASATO: Aye. DARROW: Commissioner Moses? MOSES: Aye. DARROW: And Chair Heaukulani. HEAUKULANI: Aye. DARROW: The motion passes six to zero. HEAUKULANI: You will be notified in writing by the Commission. Thank you. The discussion ended at 9:27 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission 6