Loading...
HomeMy WebLinkAboutCOM 0755.000 2014-2016 ••J�tY OF M•. •'�� +; • Randall M.Kurohara • " Managing Director William P.Kenoi •i 't • Mayor - _ - • Robert H.Command lr ,wr++,°. Deputy Managing Director TE Of.M�� (Wiry of fip Atavor 25 Aupuni Street,Suite 2603 • Hilo,Hawai`i 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawai`i 96740 (808)323-4444 • Fax(808)323-4440 March 14, 2016 v Dru Kanuha, Council Chair and Members of the County Council - County of Hawai`i 25 Aupuni Street Hilo,HI 96720 LJ Dear Chairman Kanuha and Members: "' SUBJECT: State Land Use Boundary Amendment(SLU 15-000045) Request: Agricultural to Urban Change of Zone Application(REZ 15-000197) Request: A-20a to ML-20 Applicant: Milo Street Ventures,Inc. Tax Map Key: 1-6-152:020 Change of Zone Application(REZ 15-000199) Applicant: Pulama `Aina Trust Request: RS-10 to MCX-20 Tax Map Key: 2-2-035:060 /Change of Zone Application (REZ 16-000200) Applicant: Francis H. and Martha A.Rodillas Request: FA-2a to FA-la Tax Map Key: 2-5-040:042 As required by Chapter 7, Sec. 6-7.5 (a), Hawai`i County Charter,transmitted herewith for the County Council's consideration and action are the Windward Planning Commission's letters and enclosures regarding the above-referenced request. Sincere William P. Kenoi Mayor EnclosuresS c cc: Planning Department Comm. No. Ref. To: CC County of Hawai`i is an Equal Opportunity Provider and Employer. Ref, Date BAR 1 6 201 V County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720 Phone(808)961-8288 • Fax(808)961-8742 MAR 14 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 Council Members: SUBJECT: Change of Zone Application (REZ 16-000200) Applicant: Francis H. and Martha A. Rodillas ' , Request: FA-2a to FA-la Tax Map Key: 2-5-040:042 The Windward Planning Commission, at its duly held public hearing on March 3, 2016, recommended for your approval the proposed legislative bill for a Change of Zone from a Family Agricultural—2 acres (FA-2a)to a Family Agricultural— 1 acre(FA-1a) zoning district for 2.724 acres of land. The property is located along the northeast side of`Akala Road, approximately 320 feet from the 'Akala Road—Kaumana Drive intersection, Ponahawai, South Hilo, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicants are requesting to change the zoning district from Family Agricultural-2 acre(FA-2a) to Family Agricultural-1 acre(FA-1a) for 2.724 acres of land in order to subdivide the property into two parcels for family. 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. Hawai`i County is an Equal Opportunity Provider and Employer Dru Kanuha, Council Chair and Members of the County Council Page 2 The change of zone request from a Family Agricultural—2 acre (FA-2a) to a Family Agricultural— 1 acre (FA-la) zoning district conforms to applicable goals, policies and standards of the General Plan. The FA zoning district is intended for lands within the State Land Use Agricultural District, where public services and infrastructure are appropriate to support the very low density residential needs of a rural community and where a substantial number of parcels are less than five acres in size, and where a mix of uses will not conflict with or be detrimental to existing agricultural uses in the surrounding area. The Land Use Pattern Allocation Guide(LUPAG)Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed request conforms to the LUPAG Map, which designates the property mainly as Important Agricultural Lands. Important agricultural lands are those lands with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors. The Land Study Bureau's Detailed Land Classification System identifies the property mainly as "Existing Urban Development", with a small part identified as "C" or"Fair" for agricultural productivity on the northeastern portion of the property. The property is classified as Prime Agricultural Land by the ALISH System. A major concern in allowing a rezoning of agricultural land that creates smaller lot sizes is that this will reduce the potential use of the land for commercial agriculture by fragmenting the land into areas too small to be farmed on a commercial scale. While a few crops can be intensively cultivated on very small acreage,usually these crops have a very limited market. Reducing the size of the lots can reduce the range of potential agricultural uses and the range of market opportunities for those crops. In this particular situation, the applicants are requesting the change in zoning in order to subdivide the property into two lots with the intention of conveying the additional lot to family. Both of the newly created lots will still have the potential to be used for truck crop farming or agricultural purposes, such as pasture. All essential utilities and services are available to the property. Access to the property is from `Akala Road, which is a County owned and maintained roadway that has approximately 18 feet of pavement within a 30-foot right-of-way. The City of Hilo Zone Map identifies `Akala Road as a proposed 60-foot right-of-way, with a future 15-foot Dru Kanuha, Council Chair and Members of the County Council Page 3 road widening setback on both sides of`Akala Road. A condition of approval was added on the previous change of zone (Ordinance 07-135) that included the property, which required the previous applicants to set aside a 15-foot future road widening setback along the properties frontage with `Akala Road. This future road widening condition will carry over as part of this recommendation. County water can be made available for the proposed subdivision but will require the applicants to extend the existing 6-inch waterline within `Akala Road approximately 95 lineal feet to front the newly created lot. Wastewater will be disposed of by individual wastewater systems meeting the requirements of the Department of Health. All other essential utilities or services are available to the property. There is no severe geological or topographical problem for the property that cannot be properly rectified or which would render the land unusable. The property is located in Zone "X", an area determined by FEMA to be located outside of the 500-year floodplain. Should this request be approved,the applicants may apply for an Additional Farm Dwelling, allowing for the construction of a second dwelling unit on each lot. The potential to allow additional dwellings may contribute to the cumulative burden on the existing infrastructure. As such, a condition is included to prohibit a second dwelling unit and a Condominium Property Regime(CPR) on each lot. The condition will require that restrictive covenants be included in the deeds of all the proposed lots for the subdivision prohibiting second dwelling units to preserve the residential/agricultural ambience of the area. Typically the County Council requires that applicants provide a fair share contribution to mitigate the potential regional impacts of their development on public facilities and services such as roads and parks. For Family Agricultural (FA) zoning, the County Council has historically required this contribution for lot sizes of one acre or less. For example, a fair share contribution would not be required for FA-2a zoning but would be required for FA-la zoning. Thus, a condition of approval will be added to require a fair share contribution for the additional lot being proposed by the applicants' future subdivision of the property. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is not situated within the Special Management Area. It is located approximately 4 miles from the nearest coastline Dru Kanuha, Council Chair and Members of the County Council Page 4 and will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources,historic resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the area. Thus, the proposed request and use of the property will not adversely impact those resources. It is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject property because the property was previously utilized for sugar cane cultivation and ranching. Presently, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of known valued cultural, historical or native resources in the area. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the recent Hawai`i State Supreme Court's "PASH"and "Ka Pa'akai 0 Ka Aina"decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: Investigation of valued resources: No formal archaeological reconnaissance survey, oral history of kamaaina accounts of the area,historical survey of documentary records, or botanical study was included in the application. The valued cultural,historical, and natural resources found in the rezoning area. As the site has been previously utilized for sugar cane cultivation, it is unlikely that there are any valued cultural,historical, and natural resources to be found in the rezoning area. Possible adverse effect or impairment of valued resources: There is no evidence of any possible adverse effects or impairments will occur to any valued resources. Since the property was formerly used for sugar cane cultivation and has been disturbed in the past, it is unlikely that any archaeological or historic features exist on the property. Additionally,there is no evidence that the flora in the area are particularly desired or used for cultural practices. By letter dated November 15, 2006, the DLNR-SHPD responded that DLNR-SHPD believes that"no historic properties will be affected"by the previous rezoning action. Dru Kanuha, Council Chair and Members of the County Council Page 5 Feasible actions to protect native Hawaiian rights: As there is no evidence of any valued cultural, historical, and/or natural resources found on the site, there is no action to be taken. A condition of approval will be added for the protection of inadvertent finds should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered. The applicants shall be required to cease work in the immediate area and contact the Dein"tuient of Land and Natural Resources— State Historic Preservation Division(DLNR-SHPD). Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. Based on the above findings, approval of the Change of Zone request from a Family Agricultural-2 acre (FA-2a) to a Family Agricultural-1 acre(FA-la) zoning district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map) is provided for your favorable consideration. Please note the proposed conditions of approval are attached to the draft bill. 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 y, harle eau ani, Chairman • •ward Planning Commission LRodillasREZ 1 6-200wpc 1 Enclosures cc: Department of Public Works Department of Water Supply Department of Land &Natural Resources-HPD William Brilhante, Esq., Corporation Counsel Francis H. and Martha A. Rodillas BRodillas-REZ16-200.jwd 02/16/16 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT FRANCIS H.AND MARTHA A. RODILLAS CHANGE OF ZONE APPLICATION (REZ 16-000200) FRANCIS H. AND MARTHA A. RODILLAS have submitted an application for a Change of Zone from a Family Agricultural-2 acres (FA-2a) to a Family Agricultural-1 acre(FA-1a) zoning district for 2.724 acres of land. The property is located along the northeast side of`Akala Road, approximately 320 feet from the `Akala Road—Kaumana Drive intersection, Ponahawai, South Hilo, Hawai`i, TMK: 2-5-040:042. PROPOSED ACTION 1. Applicants' Request: The applicants are requesting to change the zoning district from Family Agricultural-2 acres (FA-2a) to Family Agricultural-1 acre(FA-1a) for 2.724 acres of land in order to subdivide the property into two parcels that will then be conveyed to their family members. (Planning Department Exhibit 1 - Change of Zone Application) 2. Landowners: The applicants are the landowners of the subject property. BACKGROUND INFORMATION 3. Ordinance 07-135: The property was part of a previous change of zone for a larger 4.85-acre property that changed the district classification from Agricultural-3 acre(A-3a) to Family-Agricultural-2 acre (FA-2a). (Planning Department Exhibit 2—Change of Zone Ordinance No. 07-135) 4. SUB 07-000677: Upon approval of the above referenced change of zone, the 4.85 property was subdivided into 2 lots on October 14, 2009 in compliance with Condition C of Ordinance 07-135. (Planning Department Exhibit 3—Subdivision 07-000677 Map) 5. Ordinance 12-046: Rezoned 4.75-acre property located across `Akala Road from the subject property from Agricultural-3 acre (A-3a) to Family-Agricultural-1 acre (FA-1a) in 2012. (Planning Department Exhibit 4— Change of Zone Ordinance No. 12-046 With Planning Committee Report) 6. Ordinance 13-038: Rezone of remainder of original 4.85-acre parcel covered by Ordinance 07-135 from Family-Agricultural—2 acre(FA-2a) to Family-Agricultural— 1 acre (FA-1a) in 2013. This property was subdivided in 2014. (Planning Department Exhibit 5—Change of Zone Ordinance No. 13-038 With Planning Committee Report) STATE AND COUNTY PLANS 7. State Land Use Designation: Agricultural. 8. General Plan LUPAG Map: Important Agricultural Land. 9. County Zoning: Family Agricultural—2 acres (FA-2a). 10. Hilo Community Development Plan: The Hilo CDP, adopted as Planning Commission Resolution No. 1 on May 21, 1975, identifies the area as A-3a. 11. Special Management Area(SMA): The property is not located within the SMA and is approximately 4 miles from the nearest coastline. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 12. Subject Property: The property is 2.724 acres in size and is irregular in shape. This property was part of a larger property rezoned in 2007 from A-3a to FA-2a to create 2 lots. There is an existing 3-bedroom/2.5 bath dwelling constructed finaled in 2011 under Building Permit No. B2010-0374H located on the northwestern corner of the property along 'Akala Road. The remainder of the property is overgrown with Wainaku grass. 13. Surrounding Zoning/Land Uses: Surrounding properties to the north, northwest and east are zoned Agricultural—3 acre(A-3a). The properties located to the west across `Akala Street are zoned FA-la. To the south along Kaumana Drive are properties zoned FA-la and RS-15. Land uses in the immediate area include residential dwellings and agricultural activities. Kaumana Caves is located to the southwest on a property zoned Open. 14. Agricultural Lands of Importance to the State of Hawaii (ALISH): Prime Agricultural Land. To the south is classified as Existing Urban Development. -2- 15. Land Study Bureau's Detailed Land Classification System: Existing Urban Development and"C"or"Fair". 16. U.S.D.A. Soil Survey: Kaiwiki silty clay loam, 10 to 20 percent slopes (KaD). 17. Flood Zone: The property is located in Flood Zone "X", an area outside of the 500-year flood area. 18. Flora/Fauna Resources: There were no professional flora/fauna surveys conducted of the site. The applicants do not believe that rare or endangered floral or faunal resources are likely on the site, as the property has been previously used for sugar cane cultivation. The property is not known to be a habitat for any rare or endangered species. 19. Cultural/Historic/Archaeological Resources: Since the property was formerly used for sugar cane cultivation,no commissioned archaeological survey was conducted. The Department of Land and Natural Resources-State Historic Preservation Division previously issued a"no-effect" letter dated November 15, 2006 in which they determined that no historic properties will be affected by a rezoning action on the subject property. 20. 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 21. Access: Access to the property is from `Akala Road, which is a County roadway that has approximately 18 feet of pavement within a 30-foot right-of-way. The City of Hilo Zone Map identifies `Akala Road as a proposed 60-foot right-of-way, with a future 15-foot road widening setback on both sides of`Akala Road. As the property was previously rezoned, a condition of approval was required for the applicants to provide a 15-foot future road widening along the entire frontage of Akala Road. This condition was complied with when the property was subdivided in 2009. The 15-foot future road setback has been indicated on the 2009 subdivision map as well as the updated tax map for the property. There is an existing driveway from `Akala Road to the existing dwelling on the northern portion of the property. -3- 22. Water: According to the Department of Water Supply, County water can be made available for the proposed subdivision but will require the existing 6-inch waterline within `Akala Road to extend approximately 95 lineal feet to front the newly created lot. 23. Wastewater: As there is no municipal sewer system in the area, wastewater will be disposed of by individual wastewater systems meeting the requirements of the Department of Health. 24. Essential Utilities and Services: The Kaumana Fire Station is located about 2 miles from the property. Police and medical services are available nearby in Hilo. All essential utilities are available to the property. AGENCY COMMENTS 25. Department of Public Works: (Planning Department Exhibit 6—February 1, 2016 Memo) 26. Department of Water Supply: (Planning Department Exhibit 7—January 11, 2012 Memo) 27. Department of Environmental Management: (Planning Department Exhibit 8— January 12 and February 1, 2016 Memos) 28. Police Department: (Planning Department Exhibit 9—January 14, 2016 Memo) 29. Fire Department: (Planning Department Exhibit 10—January 13, 2016 Memo) 30. Department of Land and Natural Resources-Land Division: (Planning Department Exhibit 11 —February 4,2016 Letter) 31. Department of Health: (Planning Department Exhibit 12—January 26,2016 Memo) AGENCIES'-NO RESPONSE 32. Department of Public Works-Building Division and Department of Land and Natural Resources-State Historic Preservation Division. APPLICANTS' SUBMITTALS 33. The applicants submitted the following letter and topographic map in response to the Department of Water Supply's concerns. (Planning Department Exhibit 13 —January 27, 2016 Letter and Map from Clyde K. Matsunaga) -4- PUBLIC COMMENTS 34. As of this writing,the Planning Department has not received any written comments or objections from the general public or adjacent landowners on the subject application -5- CHANGE OF ZONE APPLIC A71E5I ° ' j COUNTY OF HAWAII "` PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: FRANCIS H. RODILLAS & MARTHA A. RODILLAS APPLICANT'S SIGNATURE: DATE: ADDRESS: 50 Akala Road, Hilo, HI 96720 LIST APPLICANT'S INTEREST IF NOT OWNER: Owners LIST PRINCIPAL(S)INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) 961-8251 (Martha) (Res.) 935-6905 (Fax) 896-3467 (Francis) LANDOWNER(S): Francis H. Rodillas & Martha A. Rodillas LANDOWNER SIGNATURE(S): DATE: at' he by t LANDOWNER(S) ADDRESS: 50 Akala Road, FMilo; HI 96 e�} r0 REQUEST: FA-2a TO FA-1 a (Existing zoninm_)250400420000 (Proposed Zoning) TAX MAP KEY: • STREET ADDRESS OF PROPERTY: 50 Akala Road, Hilo, HI 96720 SI7.E OF PROPERTY OR AFFECTED AREA(S)TO BE REZONED: 2.724 AGENT: None ADDRESS: N/A TELEPHONE:(Bus.) (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Francis & Martha Rodillas COPIES: Francis & Martha Rodillas Planning Dept. 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? 2.724 b. Into what lot sizes? 1+acre 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? 1 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. 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? c . Sell or lease the land to someone who has no plans? d. Keep it? 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. _WA 3 Do you think that your request and your further plans for the land will alleviate the local housing situation? Yes How? It will add much needed inventory to the region in the area. 4. Are there any buildings on the subject area? Yes If so, what kind? One 3-bedroom 2.5 bath single family dwelling. What do you intend to do with those buildings if your request is approved? The home would remain on one of the 1+acre lots. 5. Is the subject land currently being used for any agricultural activity? Yes If so, please list the kinds of products grown and on how many square feet or acres of land per product. 2 heads of cattle- 1 acre. 6. Was your request to allow for the creation of smaller agricultural lots? Somewhat If so, did your plan include the following considerations? a. Commodity to be produced? No What kinds of commodity? b. Suitability of the proposed lot-size for that commodity? No c , Sufficient farm size to allow reasonable chance of success in commercial agriculture? No -2- 411 • d . Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? No 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. Family subdivision and creation of 1+acre sized lots for limited/backyard farming. 1. To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. 8. Do you think that the roads leading to the subject area needs improvements? No If so, what kind? 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 x c. Sewer x d. Drainage -3- Yes No e . Police Protection x f . Fire Protection 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. Q1 1 /ktki,e,1*. hlatp,o. 114_, signature: Francis H. Rodillas&Martha A.Rodillas Address: 50 Akala Road,Hilo,HI 96720 Telephone: 808-935-6905 or 808-896-2845 or 808-896-3467 Date: /20446- -4- COUNTY ENVIRONMENTAL REPORT STATE LAND USE BOUNDARY AMENDMENT (FA-2a to FA-1a) COUNTY REZONING REQUEST FRANCIS H. RODILLAS and MARTHA A. RODILLAS 50 AKALA ROAD, SOUTH HILO, HAWAI'I 96720 TAX MAP KEY: (3)2-5-40:42 A. SUBJECT REQUEST 1. Details of Proposed Use/Development Francis & Martha Rodillas (hereafter "applicants") constructed their home in 2011. The applicants wish to do a 2-lot subdivision which conveyed to their family would be consistent with the rural/agriculture character of this area. After due consideration, the applicants believe that, doing a 1+ acre lot development would be workable and manageable. The applicants are second generation to live in this area. As we all know, the cost of land and housing in Hawai'i increases daily and has presently reached prices that are not affordable to everyone. The approval of this application would greatly assist the applicant's immediate family in securing a place for family to continue to live in Hawai'i. Given the above, the applicants would like to proceed with the development of this site into two 1+ acre sized lots. Tentative plans for the subdivision call for one (1) access point from Akala Road. This point would provide access to the newly created lot. Accordingly, the applicants are proposing to rezone the 2.724-acre area from Family Agriculture-2 acres (FA-2a) to Family-Agricultural (FA-1a). It is understood that the subdivision plan submitted herein may change prior to receipt of final subdivision approval to accommodate County subdivision requirements and appropriate conditions of approval. a. Project description: The property is located at 50 Akala Road, South Hilo, Hawai'i and is identified by TMK: (3)2-5-40:42. It is situated about .6 of a mile makai of Kaumana Elementary School site and approximately 400 feet in the Hamakua direction from Kaumana Drive on Akala Road. (See Attachment"A") b. Statement of objectives and reasons for the request: The applicants are requesting to rezone a 2.724 acre parcel from Agricultural-2 (Ag-2) to Family-Agriculture (FA-1a) district. If approved, the applicants intend to subdivide the 2.724-acre parcel into a maximum of 2 (two) lots, consisting of 1+ acre each. They plan to reserve the remaining lot for family. It should be noted that the above proposed subdivision will not eliminate future potential farming or agricultural activities on the parcels. In the early 1900's this property was used 1 for sugar cane crops. Since the demise of the sugar cane industry, and a few periods of backyard gardening, this property has been overgrown mostly with Hilo grass and weeds. c. Number of acres/square feet: 2.724 acres d. Proposed units/lots/floor area of proposed building envelope: Maximum of two (2) lots, consisting of 1+ acre each. e. Timeframe and cost: The applicants hope to secure the necessary County rezoning approval as soon as possible and begin the subdivision process immediately thereafter. Tentatively, the applicants hope to have the land subdivided before the end of 2016. The estimated on and off-site cost of improvements would be nearly $20,000. f. Membership size/number of employees and clientele: None. g. Parking arrangement: Ample parking available. h. Traffic impacts (assessment of existing traffic conditions, anticipated increase in traffic and traffic impacts from proposed use): The existing ambient traffic level in this area is quite low. As such, the corresponding noise level is quite low. With the completion of this project, the noise level is not anticipated to increase. There may, however, be short-term noise impacts associated with the construction of the infrastructure (such as driveway access improvements) for the proposed subdivision. Contractors will be required to comply with appropriate noise and related mitigation measures of the State Department of Health. i. Other related information: None. j. Proposed on-site and off-site infrastructure: No additional infrastructure required. B. CONFORMANCE WITH STATE/COUNTY PLANS 2. State Land Use Designation: The 2.724 acres of the subject property are designated Family Agriculture— 2 acres (FA-2a). The entire area is proposed to be reclassified into the Family-Agricultural (FA-1a) district. Based on the size of the requested area, no State Land Use Commission action is required. The County of Hawai'i can process the State Land Use boundary amendment and rezoning requests. (See Attachment "B") 3. How the proposed use is not contrary to Chapter 205A, Coastal Zone Management (existing public access, scenic or open space recourses, coastal view planes, and coastal ecosystems). The site is not located within the County Special Management Area (SMA). As such, no SMA Use Permit would be required. However, as the entire island falls within the State Coastal Zone Management (CZM) Area, some discussion of the request's relationship to the CZM Program is found in Chapter IX, Regulatory Analysis. 2 4. Applicable goals/policies and objectives of the General Plan. The county General Plan Land Use Patter Allocation Guide (LUPAG) map designates the site Important Agricultural Lands. Certain areas that could have been classified as Important Agricultural Lands, have been placed within Urban Land Use categories. This property is adjacent to existing urban areas. This represents a decision that the orderly development of those urban areas justifies the eventual conversion of those lands to urban use. The subject property is presently adjacent to an existing urban area. Based on the requested Family Agricultural (FA-1A) designation, the project would be consistent with the General Plan and no amendments would be required. (See Attachment "C") 5. General Plan designation (LUPAG Map) Important Agricultural Land and a small portion in Low Density Urban. The LUPAG map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed request conforms to the LUPAG Map, which designates the property mainly as Important Agricultural Land with a small portion designated as Low Density Urban. Important agricultural lands are those land with better potential for sustained high agricultural yields because of the soil type, climate, topography, or other factors. Additionally, a small portion of the property is designated as Low Density Urban, which allows residential uses, with ancillary community and public uses, and neighborhood and convenience-type commercial uses; overall residential density may be up to six units per acre. The majority of the property is classified as Prime Agricultural Land by the ALISH System. 6. Zoning Family Agricultural — 2 acres (FA-2a) The County zoning of the subject property is Family Agricultural-2 acre (FA-2a). Properties in the general area are zoned FA-la, RS-10 and RS-15. (See Attachment "D") If approved, the site would be subdivided pursuant to the Zoning and Subdivision Codes. Further, all uses and standards consistent with the requested FA-la zone would be adhered to. (See Attachment E) 7. Community Development Plan The Hilo CDP, adopted as Planning Commission Resolution No. 1 on May 21, 1975, identifies the area as A-3a. 8. Special Management Area (SMA) The property is not located within the SMA and is approximately 4 miles from the nearest coastline. 3 C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE PROPERTY AND SURROUNDING Physical Characteristics Environmental Setting: 9. Description of subject property, location, climate, topography, slope, soils (including size, shape, existing structures). Description: The property is 2.74 acres in size and is irregular in shape. This property was part of a larger property rezoned in 2007 from A-3a to FA-2a to create 2 lots. The southern boundary of the property borders Akala Road. There is an existing 3-bedroom dwelling constructed in 2011 located on the western end of the property surrounded by lawn and some garden areas. The remainder of the property is overgrown with Wainaku, Hilo and California grass and used for cow grazing. Location: 50 Akala Road, Hilo, HI 96720; TMK: 2-5-040:042. More specifically, it is fronted by Akala Road on the south side, starting at approximately 300 feet north of Kaumana Drive. Both Kaumana Drive and Akala Road are County roads with Akala Road intersecting Kaumana Drive just west of the 4-mile marker and .1 mile below Kaumana Caves. Climate: The annual rainfall in this area is approximately 80-100 inches. The wetter months tend to occur between December through April. The mean annual temperature is about seventy (70) degrees Fahrenheit to the lower 80's. Because the site is situated on the windward side of the island, winds tend to be trade and variable. Slight northeasterly winds occur during the day, while westerly or mountain winds are prevalent during the evenings. Topography & soils: The topography of the site slopes slightly in a mauka (west) to makai(east) direction. The USDA Soil Survey Report identifies soil on this site as "Hilo Series (HoC). This type of soil is characterized as being well-drained, silty clay loam. The surface layer is dark-brown silty clay loam about 12 inches thick. The subsoil is about 48 inches thick and consists of dark-brown, dark-reddish brown silty clay loam. Permeability is rapid, runoff is slow, and the erosion hazard is slight. The Land Study Bureau Overall Master Productivity Rating for the subject area is essentially Class "N & C". Part of the site is classified "C" which means "fair productivity potential"; the remaining portion of the site is classified as "not classified". It is of the Hilo/Wailea soil series, with deep soil. The soil texture is moderately fine, the color is dark brown, and the parent material is volcanic ash. It is well drained but moist and is moderately suited for machine tillability. The State of Hawaii's Agricultural Lands of Importance to the State of Hawaii (ALISH) maps classify this site as being "Important Agricultural Use". Under this system, the subject site is classified as "Prime" due to its prior sugar cane use. Slope: The parcel is located on the eastern slope of Mauna Kea, approximately four miles from the ocean. The parcel is gently sloping in the west to east direction. The elevation is approximately 900 feet above sea level. 10.Lava Hazard Zone The United States Geological Survey (USGS) classifies 4 the area as Lava Flow Hazard Zone 3, on a scale of ascending risk 9 to 1. The populated area of Hilo also falls in this category. There is very little that can be done to mitigate this situation and reflects an ongoing threat to all residents and businesses in these areas. The entire island of Hawaii falls within Earthquake Zone 4, according to the County Building Code. As such, certain structural requirements will be needed and taken during the building permit process to address this seismic hazard. 11.Distance from coastline The subject site is located well over three (3) 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. 12. Agricultural Lands of Importance in the State of Hawaii (ALISH) designation: Important agricultural lands are those lands with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors. Additionally, a small portion of the property is designated as Low Density Urban, which allows residential uses, with ancillary community and public uses, and neighborhood and convenience-type commercial uses; overall residential density may be up to six units per acre. The Land Study Bureau's Detailed Land Classification System identifies mainly as "Existing Urban Development". The majority of the property is classified as Prime Agricultural Land by the ALISH System. 13. U.S.D.A. Natural Resources conservation Services Soil Service Report soil type: The USDA Soil Survey Report identifies soil on this site as "Hilo Series (HoC). This type of soil is characterized as being well-drained, silty clay loam. The surface layer is dark-brown silty clay loam about 12 inches thick. The subsoil is about 48 inches thick and consists of dark-brown, dark-reddish brown silty clay loam. Permeability is rapid, runoff is slow, and the erosion hazard is slight. 14. Land Study Bureau soil rating: The Land Study Bureau Overall Master Productivity Rating for the subject area is essentially Class "N & C". Part of the site is classified "C" which means "fair productivity potential"; the remaining portion of the site is classified as "not classified". It is of the Hilo/Wailea soil series, with deep soil. The soil texture is moderately fine, the color is dark brown, and the parent material is volcanic ash. It is well drained but moist and is moderately suited for machine tillability. 15. Flood Insurance Rate Map (FIRM) designation: (See Attachment F) 16. Existing drainage ways or improvements There is a drainage ditch, put in by the County of Hawaii, along the Akala Road frontage of this property. Diversion of water in areas above Akala Road (i.e. Akolea Road to accommodate 5 construction), has limited the amount of water diverted to this drainage ditch to accommodate run-off from Akala Road only, being very minimal even during heavy rainfall. This will be incorporated into the design of the subdivision and not be interrupted. 17.Air/noise/water quality: Akala Road will serve as the main access to this project from Kaumana Drive. The existing ambient traffic level in this area is quite low. As such, the corresponding noise level is quite low. With the completion of this project, the noise level is not anticipated to increase. Contractors will be required to comply with appropriate noise and related mitigation measures of the State Department of Health should there be any construction. The proposed development should not generate any direct air quality impacts. The only discernible air quality impact could be associated with the vehicular traffic to and from the site. While there will be an impact to the ambient air quality, the impact should not be significant, as the project will REDUCE the density by over 300 percent (25 to 6). 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 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. Historic Resources: 18. Existing archaeological, cultural or historic sites on National Register or Hawaii Register As the site has been cleared and used for sugar cane in the past, no commissioned archaeological survey of the site was made. The former clearing makes it less likely to find any archaeological features on the site. In conjunction with a rezoning request filed by the applicants for a FA-2 zone, a letter dated November 3, 2015 (See attachment G), was sent to the State DLNR Historic Preservation Division requesting input regarding archaeological resources of the subject property. If during the course of improving the site, should any unanticipated archaeological features or sites be uncovered, work will cease and the applicant will immediately notify the Planning Department. Natural Resources: 19. Existing floral/faunal resources The original botanical resources of the subject site were removed during the sugar plantation era. What is left today are weeds that are typical of this area such as the "Wainaku" and "Hilo" grass. As such, the applicants do not believe that rare or endangered floral or faunal resources are likely to be found within the subject site. Given the site's proximity to residential areas, it is unlikely that it would serve as a habitat for any rare or endangered animal life. With the lack of trees, the Hawaiian Hawk 10) and the Hawaiian Owl (Pueo) do not nest here. 20.Scenic or coastal resources In the Natural Beauty element of the General 6 Plan, there are sites or areas listed as being a scenic resource. The subject site is not listed as a scenic site. However, there were a few examples cited in the Hilo area. The most notable is the backdrop of Mauna Kea and the Hilo Bay. The proposed development would not have any visual impacts on Mauna Kea or Hilo Bay. The site is located more on the lower end of Mauna Kea and is not visible from the Highway. Furthermore, the normal residential height of 30 feet should not interfere with the view of Mauna Kea. Valued Cultural Resources: 21. Identify any traditional and customary native Hawaiian rights that are exercised in the area; the extent in which the proposed development will affect these rights; and feasible action to be taken to protect native Hawaiian rights if they exist. In view of the 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. As the site has been used for sugar cane in the past, it would appear unlikely that the site would serve such purpose today. In the unlikely event that 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. 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. Public Access: 22. Existing public access to and along the shoreline or to mountain areas and knowledge of public access being used: There is no record of a designated public access to the shoreline or mountain areas that traverses the property. Social-Economic Characteristics: 23. Social settlement pattern for the area: There are single-family residences located south of subject property zoned RS-15. Properties south of subject properties are zoned AG-1. The area east of subject property consists of natural vegetation and a single-family residence zoned AG-1. 7 The downtown area of the City of Hilo is located less than five (5) miles to the east. There are many urban uses proximate to the site in and around the district of Kaumana, including Kaumana Elementary School, Kaumana Caves, The Regency, Crivello's Store, Kaumana Baptist Church and Preschool and Ainako '76, etc. Given the existing and zoned conditions, the proposed development would not be incongruous with the emerging Family-Agricultural pattern of this area. 24. Economic resources of the area: For one, it may provide limited short-term economic opportunities largely through the construction of any improvements required for the subdivision. More importantly, however, longer-term opportunities would be created largely in the form of small-scale truck crops by more individual parcel owners. 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 wind patterns. The requested zoning would have some measure of economic impact, as it would enhance the potential for the subject site to be more intensively utilized as a small backyard farm. Further, there will be some small short-term construction activity. And this could help with the area's economy. 25. Land values: $138,600 (See Attachment H). Surrounding lands: 26. Land use: The land uses in this area are a mixture of urban/residential and agricultural. The urban area is located on the Puna side of the subject property along Kaumana Drive. The area to the north is a residential area with fruit trees, while there is property overgrown by natural vegetation that include fruit trees mauka or west of the subject area. This property is zoned FA-2a. There are also single-family residences located south of subject property zoned RS-15. Properties south of subject properties are zoned AG-1. The area east of subject property consists of natural vegetation and a single-family residence zoned AG-1. Given the existing and zoned conditions, the proposed development would not be incongruous with the emerging Family-Agricultural pattern of this area. 27. Zoning: The County zoning of the subject property is Family Agricultural-2 acre (FA-2a). Properties in the general area are zoned FA-1 a, and RS-10 and RS-15. 8 If approved, the site would be subdivided pursuant to the Zoning and Subdivision Codes. Further, all uses and standards consistent with the requested FA-la zone would be adhered to. D. PUBLIC FACILITIES AND SERVICES 28. Description of access: (paved or unpaved, private or county, right-of-way and pavement width. If private road, submit evidence of legal access rights): Immediate access to the project would be via an existing County road called Akala Road. This road has a 30-foot wide paved section that extends from Kaumana Drive to a dead-end. The unpaved shoulders have a width of at least 3-5 feet on both sides. In this general area, Akala Road has a right-of-way of 60 feet, with at least a 30-foot pavement. There is adequate sight distance in the area of the existing access, an additional access to the second parcel if approved, would also allow for adequate site distance while entering or exiting Akala Road. Further, access from Akala Road onto Kaumana Drive will be no problem. This is supported by the recent opening of the Puainako Street extension to Country Club Drive which now accommodates the flow of most of the traffic traveling to and from the Hilo town to upper Kaumana and Saddle Road destinations. 29. Availability of water: County water is presently available to the single residential structure on subject property. One additional water meter is needed to accommodate the new parcel. 30. Sewage disposal: There is no County wastewater system in this area. As such, a septic tank or cesspool system meeting with the approval of the Department of Health will be allowed. This will be done by the applicants and/or respective landowner in conjunction with the issuance of a building permit for a dwelling. 31. Solid waste: Solid waste will be handled through commercial haulers or the individual homeowners into authorized landfill sites or transfer stations. With the requested FA-la zoning, the potential for uses associated with toxic or related chemical waste would be minimal, if at all. It should be noted that the applicants intend to retain most of the vegetation on the site and use it for composting for their property. Thus, waste from this project would be equal to a domestic use. 32. Police & fire protection: As this area is already part of the City of Hilo area, it is already being serviced. No extension of government services would be required. The nearest fire station is located less than 4 miles from the site and the main police station is located less than 5 miles from the site. 9 33. Schools: Kaumana Elementary school is .6 miles away from subject property. Hilo Intermediate and Hilo High Schools are less than 4 miles away from subject property. 34. Parks: Numerous County parks are available in proximity to the subject property. 35. Other utilities and services (telephone/electricity): All other utilities such as telephone, cable, and electrical services are available to the site. E. Environmental Assessment and Analysis 36. 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 site would probably continue in low level agriculture or lay fallow. Given the Agriculture zoning of properties north and west of the subject site, a Family-Agricultural subdivision would provide for a reasonable land use transition. From a long-term productivity standpoint, then, the proposed 2-lot subdivision would provide a heightened level of possibility in having the land used for a little more agricultural activity by individual parcel owners. 37. Mitigative measures proposed to avoid, minimize, rectify or reduce impact: 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. Any and all required grading or grubbing work will be done in conjunction with the required grading/grubbing permits and/or approved Soil and Water Conservation District agricultural plan. This is to assure that the development of this site does not adversely affect the drainage of the surrounding areas. Finally, no person or businesses will be dislocated by this project. 38. Alternatives to the proposed development: Under the status quo alternative, the site will continue to remain in its fallow state. The site could also be sold to one who may be interested in farming the site or developing it pursuant to the existing AG-2 zoning. The applicant is not interested in this alternative. Given the present mixture of land uses and lot sizes in this area and proximity to urban areas, the site may not be utilized to its fullest agricultural potential if developed under the existing agricultural-2 zoning. The requested FA-1 a rezoning would 10 increase the potential for agricultural farming with an additional owner. 39. Irreversible and irretrievable commitments of natural resources that would be involved if proposed action implemented: The subject site is already disturbed. As such, the project should not result in an irreversible commitment of natural or archaeological resources. The soil on the parcel has been classified "N & C" "not classified" and "fair" by the Land Study Bureau, representing fair agricultural potential. Approximately half-acre of the property has a single-family home constructed on it, is being used for cattle grazing and also for gardening over the last 8 years. It is thus maintained that the creation of the 2-lot subdivision should foster and enhance, instead of remove this land from its more intensive future agricultural potential with individual parcel owners farming at minimum for personal consumption. 11 Attachment A Project Description , . , . Locati'011 fV1,--0--,F-r) . ..- • • ,\ - ,-, ., ,,,,. ... '-- I. , -- - ....--• \ - ,. .,•-•...E,--,-T--c ,..,., ' AO. - --`''' .• • • - •- . , --. ''' ";/;-'-' \ % \ '•,---1- - , ) A , FS ' ----- . .-^ , .--- - . - _ - . i .1 ‘q,:-'- ,'----/ ,_"r•A , $3,--i,'-• U .„.,„. _ ,- „.„,,,_.,---_ ....,:.,:slt -4' ----r, ' ! 11 I ....' ' , i \ A ' , N. ..• I / .. 7 '—r- .\• : . , t . -v----.-, '', *PP • . ,„.. ;i-- •',--'tp-, 1 ,5, '-,t ...,_ '',----.,---. ..-- rc ,,,,.. 1 . , i . ..,, ,.,.._::. ......,.„,, . -- , . .'--. .- --- ,.. ,:, ,n'..4., ,..-:A,..v..,1 ...- ,..,. ,- ; -.-- ..-- , -,:- ,, ,,,,,..;,, -44-_:, --qs*-- - ,i--,..- ,f,---.4-4:, ' - „ '''-. '''' '- "ii. ' V ,,,,. .'-,..„ -'",,”"-:.,;',,cc,":' - , t_.0.-.,4 '•" •,.,, 1 .,'' „,:_.,,,,,,,„ , , zi,,.,;,. .,47,,,,.:2; A.,: -,..!:.„4:.,`,..,-;,',Cn",:'','‘..-.-;"::.0,,,,ct,r,:'X.4:;"- "4'0,,,,,,-'''-,1:•• ,..- ,,.„..A,,, . '- "•'A,".-', -,1,-;'L.4",-T'ANNF-7',I.,4.1„,, "A-_,T-„yi.' -,4--- ..,i 1 -- - -,..--- . ‘,:-•-'.422'7'.,-- , '::'-'1.i.-4,,-"t-:',-.. ,.,'-1- 'flt".1't.'..,-..5....2 p,,--., ' /:', '!" '"'-'f',''''' ,- '`-"," '-,:--"!",',-'-;'. - ifs,' ''', .'1/4",,,,)‘"‘,.* ,:,',•., :,, ,-4-''''''''''-'' ' '-',1' , ,•' " -:."';', '",'' '''.:V14.i.,-',%-,,,-,,,\"..--"-1; :"'"',''',.,'-'` 4'.1,-,4-;'k --.N.,'-'4' ., -r ..1-2.";:" 1/4---'- 0-'4 "R4 Thl.. 11111T:- ---4:7 , '.., . -t ,, ,,,..., ,,_.)...,•..„. /: - 7!„,,..,..:-!--,;::- .....;,- -, __ ,,_!...,,_ 1, 2---,,,. ,,,,,.:i•F: ,_,,.•.. .. .. ...-:• :...,q,-,,,,,--,.---- ..1.0' - ‘' : .,,... . ft ..,,, __: ___,I ,,e..u....,....1.,?..„,„.„,„.,.„ ,. ..t,,,..,,,, . 7.----,- - -/ ' '-'"fr,:i"-A-V1:", ' ',, ..''.,1::.':e..r-1,>-'1' 46000ork -- :.- IIIIIIIIIIIIII ---- ----- , II. Ir !i I 1,1 I 1 i1 ---.,,,„_,- 1 , 1 1 IVv 6 R-538 STATE OF HAWAII * ti 0 y444. BUREAU OF CONVEYANCES m RECORDED ;i.^ AUG 24, 2005 08:01 AM • , 'n+. Doc No(s)2005-167536 � 11111111IIIIIIIIIIIIIIIII REGIs/CARL T.WATANABE ISRAR OF CONVEYANCES CTax(15): $593.30 20 111 Z6 LAND COURT SYSTEM / REGULAR SYSTEM DAM Return by Mail( ) Pickup Q() To: FIRST AMERICAN TITLE COMPANY,INC. 1 g°1t,►rC) 1438 Kilauea Ave.,Sts 1 Hilo,Hawaii 96720 TITLE OF DOCUMENT: WARRANTY DEED TITLE OF DOCUMENT: Grantors: PEGGY F.SHIMIZU,Trustee of the Peggy F. Shimizu Revocable Living Trust dated May 8, 1995,as to an undivided 1/2 interest,and AKIO SHIMIZU,Trustee of the Akio Shimizu Revocable Living Trust dated February 15, 1995,made by Akio Shimizu as Settlor,as to an undivided y2 interest,both with powers to sell,lease,mortgage and other powers; Grantees: FRANCIS HERBERT RODILLAS and MARTHA ANN RODILLAS, husband and wife,whose address is 78 Akala Road,Hilo,Hawaii 96720. Affects:TMK(3rd) 2-5-040: 018 This document � contains 10 pages. 1 , WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: That PEGGY F.SHIMIZU,Trustee of the Peggy F. Shimizu Revocable Living Trust dated May 8, 1995, as to an undivided V2 interest,and AKIO SHIMIZU,Trustee of the Akio Shimizu Revocable Living Trust dated February 15, 1995,made by Akio Shimizu as Settlor,as to an undivided''' interest,both with powers to sell,lease,mortgage and other powers,both of whose address is 187 Kapiolani Street,Hilo,Hawaii 96720,hereinafter called the Grantors,for and in consideration of the sum of TEN DOLLARS ($10.00)and other valuable consideration to them in hand paid by FRANCIS HERBERT RODILLAS and MARTHA ANN RODILLAS,husband and wife,whose address is 78 Akala Street, Hilo,Hawaii 96720,hereinafter called the Grantees,the receipt whereof is hereby acknowledged,have sold and by these presents do hereby bargain,sell, assign,convey and transfer unto the said Grantees,as tenants by the entirety with right of survivorship,all of the property described in Exhibit A attached hereto and by reference made a part hereof. TOGETHER, with all and singular the improvements,tenements,rights,easements, privileges,hereditaments and appurtenances thereunto belonging, or in anywise appertaining,and the reversion and reversions,remainder and remainders,rents,issues and profits thereof. TO HAVE AND TO HOLD the same unto the said Grantees,as tenants by the entirety,to the survivor of them,and to such survivor's heirs and assigns,forever. And the said Grantors do hereby covenant to and with the said Grantees,their heirs and assigns,that they are seized in fee of the said granted premises;that they have good right and lawful 2 authority to sell and convey the same;that the same is free and clear of encumbrance of every kind and character, save and except as noted on said Exhibit A;and that they will and their respective heirs,successors and assigns shall WARRANT and DEFEND the title thereto against the lawful claims of all persons whomsoever. Grantees acknowledge that the Property is being sold"AS 1S",with knowledge of the conditions disclosed by Grantors and/or discovered during inspection(s)of the Property. Grantees understand and agree that all land and improvements,(including but not limited to the roof,walls, foundations, soils,plumbing, electrical and mechanical systems,etc.)real property,and personal property(if any)will be sold in Existing"AS IS" Condition,WITHOUT WARRANTY OR REPRESENTATIONS,EXPRESSED OR IMPLIED except as may be otherwise stated herein. The parties hereto agree that this instrument may be executed in counterparts,each of which shall be deemed an original,and said counterparts shall together constitute one and the same conveyance,binding all of the parties hereto notwithstanding all of the parties are not signatory to the original or same counterparts. For all purposes,including,without limitation,recordation,filing and delivery of this instrument,duplicate unexecuted and unacknowledged pages of the counterparts may be discarded and the remaining pages assembled as one document. IN WITNESS WHEREOF,the said Grantors and Grantees have hereunto executed these presents on this (7 day of ,2005. PEGGY F. SHIMIZU,Trustee of the Peggy F.Shimizu Revocable Living Trust dated May 8, 1995 By . 'ra- / JAME J. RO ERS and or LINDA D.ULRICH Her Attorney in Fact 3 AKIO SHIMIZU,Tru e of the Akio Shimizu Revocable Living T dated February 15, 1995 Made by Aldo Shimizu as Settlor GRANTORS FRANCIS HERBERT RODILLAS MARTHA ANN RODILLAS GRANTEES 4 AKIO SHIMIZU,Trustee of the Akio Shimizu Revocable Living Trust dated February 15, 1995 Made by Akio Shimizu as Settlor GRANTORS .444 miz, FRANCIS HERBERT RO r L • 0)'?.‘7.&(,7) — er°. MARTHA ANN RODILLAS GRANTEES • 4 • 0 , • ki STATE OF - , • } } SS: COUNTY OF 4 WMI ela..141A- ) On this 1-7 day of C G• , 2005, before me personally appeared JAMESROGERS and/or LINDA D. ULRICH, as Attorneys-in-Fact for PEGGY F. SHIMIZU, Trustee of the Peggy F. Shimizu Revocable Living Trust dated May 8, 1995, to me known to be the person described in and who executed the foregoing instrument as Attorneys-in-Fact for PEGGY F. SHIMIZU, Trustee of the Peggy F. Shimizu Revocable Living Trust dated May 8, 1995, and acknowledged that lWe/ 3executed the same as the free act and deed of PEGGY F. SHIMIZU, Trustee of the Peggy F. Shimizu Revocable Living Trust dated May 8, 1995. (CifuL1212ein-CL- 4)CitleA h44"1 .4itgiNE POu/Q---( �� Pa fjR1 �• Mabry Public-Caltbm(a ai (� w %c4 Notary Public f PUVADOWN .i My Comm.Fsp.Fab11,2008State of gawa-i-i. My commission expires: CC6. ((( 2e ag STATE OF HAWAII ) ) SS: COUNTY OF HAWAII ) On this day of ,2005,before me personally appeared AKIO SHIMIZU,Trustee of the Akio Shimizu Revocable Living Trust dated February 15, 1995,made by Akio Shimizu as Settlor,to me known to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. Notary Public, State of Hawaii My commission expires: 5 STATE OF HAWAII SS: COUNTY OF HAWAII On this day of , 2005, before me personally appeared JAMES J. ROGERS and/or LINDA D. ULRICH, as Attorneys-in-Fact for PEGGY F. SHIMIZU, Trustee of the Peggy F. Shimizu Revocable Living Trust dated May 8, 1995, to me known to be the person described in and who executed the foregoing instrument as Attorneys-in-Fact for PEGGY F. SHIMIZU, Trustee of the Peggy F. Shimizu Revocable Living Trust dated May 8, 1995, and acknowledged that he/she executed the same as the free act and deed of PEGGY F. SHIMIZU, Trustee of the Peggy F. Shimizu Revocable Living Trust dated May 8, 1995. Notary Public State of Hawaii. My commission expires: STATE OF HAWAII ) ' yyet 1 r G�SS: COUNTY OF 14t *H ) On this day of AUG 1 8 20fb; ,2005,before me personally appeared AKIO SHIMIZU,Trustee of the Aldo Shimizu Revocable Living Trust dated February 15, 1995,made by Akio Shimizu as Settlor,to me known to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. G�R NAk9`�� ioT ?A:,••' 2/yale-AILIA4e-fr‘e--- *: � * , • jDt/ 1G N./. • 8 L \S Notary Public, -�r'••.... ••' P: Joyce R. Nakat.c,r;i; F OF NP.:' State of Hawaii NOTARY PUBLIC,FIRST JUDICAL Clot t4tk My commission expires: STATE of HAWAII COMMISSION EXPIRES:January 21 No 5 STATE OF HAWAII ) ) SS: COUNTY OF HAWAII ) On this day of AUG 1 0 2005 ,2005,before me personally appeared FRANCIS HERBERT RODILLAS a tl'"nTI ,ANN oODI r S,to me known to be the persons described ' and who executed the foregoing' tnunent and ackno edge that executed the same as ill act and deed. errPif aall/ 141.10.YAW Anne Hoshita .�` U , Notary Public, State of Hawaii MAY 2 8 2006 My commission expires: State of Hawaii ss: County of Hawaii On this 11th day of August, 2005, before me personally appeared MARTHA ANN RODILLAS, to me known (or proved to me on the basis of satisfactory evidence) to be the person described in and who executed the foregoing instrument, and acknowledged to me that she executed the same as her free act and de-d. di L/ 011 itdiro `) Anne M. Hoshida 1 f L,S Notary Public, State of Hawaii My commission expires: May 28, 2006 6 EXHIBIT A ALL OF-THAT CERTAIN PARCEL OF LAND(BEING A PORTION OF THE LAND DESCRIBED IN AND COVERED BY LAND PATENT GRANT 4538 TO A.MACAULTON),SrnJATE, LYING AND BEING AT PONAHAWAI,DISTRICT OF HILO,ISLAND,COUNTY AND STATE OF HAWAII,THE SAME BEING A PORTION OF LOT NUMBER TWENTY TWO-A(22-A),RIGHT OF PURCHASE LEASE NO.3, FIRST LAND IDENTIFIED BY�TlC MAP KEY NO.(3) -5-040'018-0000.ACRES,RICT,CONTAINING AN AREA OF 4.76 MORE OR LESS,AND NOTE: IT IS RECOMMENDED THAT AN UP TO DATE SURVEY BE MADE ON THE SUBJECT PREMISES. A PORTION OF THE PREMISES CONVEYED BY: (1) DEED RECORDED MAY 10, 1995 AS REGULAR SYSTEM DOCUMENT NO. 95-062067 OF OFFICIAL RECORDS. GRANTOR:PEGGY F.SHIMIZU,WIDOW GRANTEE:PEGGY F. SHIMIZU,TRUSTEE OF THE PEGGY F. SHIMIZU REVOCABLE LIVING TRUST DATED MAY 8, 1995,AS TO AN UNDIVIDED 1/2 INTEREST (2)WARRANTY DEED RECORDED NOVEMBER 4, 1998 AS REGULAR SYSTEM DOCUMENT NO.98- 165468 OF OFFICIAL RECORDS. GRANTOR:AKIO SHIMIZU,HUSBAND OF JOAN SHIMIZU GRANTEE:AKIO SHIMIZU,AS TRUSTEE OF THE AKIO SHIMIZU REVOCABLE LIVING TRUST DATED FEBRUARY 15, 1995, MADE BY AKIO SHIMIZU AS SETTLOR, AS TO AN UNDIVIDED 1/2 INTEREST TMK(S): (3) 2-5-040-018-0000 7 SUBJECT HOWEVER, to the following: 1 . Title to all mineral and metallic mines reserved to the State of Hawaii. 2. A Grant of Easement for utility purposes,-in favor of Hawaii Electric Light Company, Inc. and Hawaiian Telephone Company(now Verizon Hawaii Inc.),recorded January 11,1984 as Book 17583 Page 54 of Official Records. 3 Any and ail leases,subleases and/or tenancy agreements,the rights thereunder and encumbrances thereto. 8 THE ORIGINAL OF THE DOCUMENT RECORDED AS FOLLOWS: STATE OF HAWAII BLr'EALI OF CONVEYANCES Doc A-55990807 DATE - TIME May 01, 2015 8:02 AM LAND COURT SYSTEM REGULAR SYSTEM UPON RECORDATION, RETURN BY: _X] MAIL [ ] PICK UP PETER K.KUBOTA Attorney at Law 505 Kilauea Avenue, Suite B Hilo, HI 96720 THIS DOCUMENT CONTAINS 12 PAGES TAX MAP KEY: (3) 2-5-040:018 TYPE OF DOCUMENT: FINAL SUBDIVISION APPROVAL NO. SUB-14-001331 REVISED FINAL PLAT MAP SUBDIVIDERS: BOTELHO,LESLIE A. &BETTY JEAN Subdivision of Lot 1 of Rodillas Subdivision Into Lot 1-A and Lot 1-B, being a portion of Grant 4538 to A. Mac Aulton Ponahawai, South Hilo, Island of Hawaii, Hawaii OWNER: BETTY JEAN BOTELHO, unmarried, whose mailing address is 78 Akala Road, Hilo, Hawaii 96720 PKK/B.J. Botelho/4-27-15 REGISTRAR State of Hawaii Bureau of Conveyances 1151 Punchbowl Street Honolulu, HI 96813 Re: FINAL SUBDIVISION APPROVAL NO. SUB-14-001331 REVISED FINAL PLAT MAP SUBDIVIDERS: BOTELHO, LESLIE A. & BETTY JEAN Subdivision of Lot 1 of Rodillas Subdivision Into Lot 1-A and Lot 1-B, being a portion of Grant 4538 to A. Mac Aulton Ponahawai, South Hilo, Island of Hawaii, Hawaii Tax Map Key: (3) 2-5-040:018 Gentlemen: Attached hereto as Exhibit "A" is a true and correct copy of a letter dated February 19, 2015, from Duane Kanuha, Director of the Planning Department of the County of Hawaii, granting final subdivision approval for recordation of the Final Plat Map ("MAP") dated February 11, 2015, for FINAL SUBDIVISION APPROVAL NO. SUB-14-001331, Subdivision of Lot 1 of Rodillas Subdivision Into Lot 1-A and Lot 1-B, being a portion of Grant 4538 to A. Mac Aulton, Ponahawai, South Hilo,Island of Hawaii, State of Hawaii; Attached hereto as Exhibit "B" is a true and correct copy of a letter dated March 11, 2015, from Duane Kanuha, Director of the Planning Department of the County of Hawaii, acknowledging receipt of the revised final plat map dated February 26, 2015 for the referenced subdivision. Attached hereto as Exhibit "C" is a true and correct reduced copy of said MAP depicting said FINAL SUBDIVISION APPROVAL NO. SUB-14-001331; Attached hereto as Exhibit"D" is a true and correct copy of the metes and bounds description for said Lot 1-A (1.058 Acres); Attached hereto as Exhibit "E" is a true and correct copy of the metes and bounds. description for said Lot 1-B (1.058 Acres); I hereby certify that the metes and bounds descriptions contained in Exhibit "D" and Exhibit "E"conform to Lots 1-A through 1-B, inclusive, as depicted on the MAP attached hereto as Exhibit "C". )t.*44"" Dated: 4 3 7 f5- ALAN . . I • :A License. 'rofessional Land Surveyor Certificate Number 5626 LPLS Expires: 04-30-2016 Address: Inaba Engineering, Inc. 273 Waianuenue Avenue Hilo, Hawaii 96720 3 Duane P.Kenoi Kanuha • Mayor Director -'�' Bobby Command : Ma+;*• Deputy Director 1rE aF•Nh West Hawaii Office East Hawai`i Office 74-504-4 AneKeohokalole Hwy • 101 Pauahi Street,Suite 3 Kailua-Kona,Hawai`i 96740 County of Ha-wai 1 Hilo, Hawai`i 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 • February 19,2015 • F EB24 !A6A ENGINEERING2a1., Iwc, • . Alan Z. Inaba, LPLS Inaba Engineering, Inc. 273 Waianuenue Avenue Hilo, HI 96720 • Dear Mr. Inaba: • • FINAL SUBDIVISION APPROVAL NO, SUB-14-001331 FINAL PLAT MAP SUBDIVIDERS: BOTELHO, Leslie A. & Betty Jean • Proposed Subdivision of Lot 1, Rodillas Subdivision, Into Lot 1-A and Lot 1-B, Ponahawai, South Hilo, Island of Hawaii, Hawaii TM K: 2-5-040:018 . This is to acknowledge receipfoften (10)copies of the final plat map dated February 11, 2015, and Certification of Staking for the referenced application. Please be informed that final subdivision approval for recordation is hereby granted to the final.plat map as attached herewith inasmuch as all requirements of the Subdivision Code, Chapter 23,-as modified have been met. You and the subdividers may wish to consult an attorney for the preparation of the necessary legal documents and description of the certified final plat map for the purpose of recordation with the State of Hawaii, Bureau of Conveyances. By a copy of this letter, we are forwarding a copy of the certified final plat map to the listed officers for their file. www.coho1anningdept.com Haivai'i County is an Equal Opportunity Provider and Employer olannin cchawaiicounty. ov EXHIBIT "A" • Alan Z. Inaba, LPLS Inaba Engineering, Inc. Page 2 February 19, 2015 Copies of the certified final plat map are enclosed, Sincerely, DIANE KANUHA Planning Director JRH:Inm 11COH331planninglpubliclAdmin Permits Division ISubdivision1201512015-11SUB-14-001331BotelhoFPMFSA 02-19-15.doc Encs.: 4 Certified FPM xc: Manager, DWS w/Certified FPM • Director, DPW w/Certified FPM District Environmental Health Program Chief, DOH w/Certified FPM Real Property Tax Division-Hilo w/Certified FPM Tax Maps and Records Supervisor w/Certified FPM Leslie A. & Betty Jean Botelho REZ-07-000066(Ord. 07135), REZ-11-000149(Ord. 13 038) FSA-SUB-07-000677 • William P.Kenoi ;�JKtYOF;;..k., Mayor _� >Ii'°' Duane Kanuha //(('��'����'�4��.. Director • Bobby--_- Command Deputy Director Tp 7: OF N- WestHawaii Office -- East E-lawai`i Office 74-504-4 Ane Keohokalole Hwy �-t -j • • 101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County ®f'1.1a'a1`1 Hilo,E-3awai`i 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 March 11, 2015 TECEQUED Alan Z. Inaba,LPLS MAR 1 2015 Inaba Engineering, Inc. NAA ENGINEERING,INC. 273 Waianuenue Avenue . Hilo, HI 96720 • Dear Mr. Inaba: REVISED FINAL PLAT MAP • SUBDIVIDERS: BOTELHO, Leslie A. & Betty Jean Subdivision of Lot 1, Rodillas Subdivision, Into Lot 1-A and Lot 1-B, Panahawai, South Hilo, Island of Hawaii, Hawaii TMK: 2-5-040:018 (Final Subdivision Approval No. SUB-14-001331) This is to acknowledge receipt of ten (10)copies of the revised final plat map dated February-26, 2015, for the referenced subdivision application.. This revised final plat map contains technical drafting corrections, Please be advised that We have certified the revised final plat map of which four(4) are enclosed: Copies of the revised final plat map have been circulated to the listed officers for their files. Should you have any questions, please feel free to contact Jonathan Holmes of this department, Sincerely, • DUNE KANU A Planning Director JRH:Inm lIC0H331planninglpubliclAdmin Permits Division\Subdivision1201512015-11FSA-SUB-14-001331BotelhoREVFPM 03-11-15.doc Encs.: 4 Certified Revised FPM (SUB-14-001331-Revised) www.cohplanninadent.com Hawaii County is an Equal Opportunity Provider and Employer planning ahawaiicounty.pov EXHIBIT "B" Alan Z. Inaba, LPLS Inaba Engineering, Inc. Page 2 March 11, 2015 xc: Manager, DWS w/Certified Revised FPM Director, DPW w/Certified Revised FPM District Environmental Health Program Chief, DOH w/Certified Revised FPM Real Property Tax Division-Hilo w/Certified Revised FPM Tax Maps and Records Supervisor w/Certified Revised FPM Betty Jean Botelho REZ-07-000066 (Ord, 07 135), REZ-11-000149 (Ord. 13 038) FSA-SUB-07-000677 -FPM ,I - Q II v„:-62 ,i' ,--n, , � a Tip lAi.Lp� N m Np ` '° aawo °nQ oa Z ?Ru \ 4' 4A N ".4._pll o� °n nm'" n 3 po �, O0i 3 \6 S n i roo co D- \ ', a N; > T 0 3 j c \ '''s%. S ^ 235°33' — 275.39' p �0 x- ng• @� m tat' W >y pi i1�, \ \ \o� of 01 vonnes)n \ 8\ i` rn 00n > �^ \ \ c -i'a p9 w o,\f N°\ Q ,n- 0In - ,, -^ - CU nce in a n \ =l �, --i--- .l�'i°oe — „OI,i7Z°EEZ a A .a �OZ a 20NFkf n .Iu� �' srot i U' zmN \ . <m0 y�� bLd� .Qi !cu - J , k, Y Nmo T D`. I° ua? a ,' n I R. �o a \tea QIP; ci �I I INz ;ti \ �' H '1 (utio A r—m-t i `2 � _ d ��; ii , m R W - ti II l m°rn n n 3 z m r 55°390" — 234.15' • D ` Zr7 ,c n yN D 'r.11 ! e T p59 N I c, 0 l� 2Cntp.__/ \7,0 ? \ li pq Z Y — H �I0N- ' ��' -,\ a ?a of • pi,E r) 6 N 9 0 9 Q 3 aP. 31 m m L °I.r 3/7 .1. �— II �3 X sT? Ir AV .-- r i -QA' rii B • �c -1 \ it 1 o a _ �j �Y i�d ' `I" III Ii GI n Z z ® (b ® b to r- ,\\---,-_-,,_ I �t 3 o r- U1 c \ O- / ,,, „,_ R,-,\\ , N \ . . < bb -rq z �ti c ® 9 ..` tio a,% o o � 0b ® - ® p z ✓' ; l 0 Ton ° rb0 y (!� -1 j\-'i ,.---".>i� �5 — — of:..i1C, 0 R. o n ® � ,.,: 'm < i-- -_7:: --_, mp ,,fl mnS \�1— ! /. ONuIN� ° �� *� l N D N m n, \ \. 1 ppm .`�6 0+ P'D i \ \ �� Yy 1 11 m O ��Y`. \ \� Ll 1 EXHIBIT "C" I LOT 1-A a Portion of Lot 1 of Rodillas Subdivision Being a Portion of Grant 4538 to A. Mac Aulton Ponahawai, South Hilo, Island of Hawaii, Hawaii DESCRIPTION Beginning at the South corner of this parcel of land, being the West corner of Lot 1-B, and on the East side of Akala Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAUMANA" being 950.43 feet North and 680.30 feet East, and running by azimuths measured clockwise from True South: 1. 112° 20' 70.00 feet along Akala Road; 2. Thence along Lot 2, Rodillas Subdivision, along a curve to the right, with a radius of 10.00 feet, the chord azimuth and distance being:157°20' 14.14 feet; 3. 202° 20' 134.18 feet along Lot 2, Rodillas Subdivision; 4. 235° 33' 276.39 feet along Lot 2, Rodillas Subdivision; 5. 345° 36' 143.19 feet along Lot A-1, a portion of Royal Patent 5516, Land Commission Award 4983 to Kukeleau; 6. 53° 24' 10" 304.31 feet along Lot 1-B to the point of beginning and containing an area of 1.058 Acres. SUBJECT, HOWEVER, to Flood Inundation (Flood Zone AE) on a portion of this parcel of land. AND, SUBJECT, ALSO, to a 15-feet wide future road widening setback along Akala Road. EXHIBIT "D" LOT 1-A Pagel of 2 INABA ENGINEERING, INC. 273 WAIANUENUE AVENUE HILO,HAWAII 96720 Telephone:(BOB)961-3727 Facsimile:(8081 935-8033 • sA •Z I�,�� Inaba Engineering, Inc. jA . 1.1C NdsED l� , PROF ASS I INAL * Bu„vEYOR Alan . naba 56 Licensed Professional Land Surveyor Certificate Number 5626 11414(A11,k) . February 26, 2015 • K:12013113028-LBotelho\13028.Lot 1-A.des.wpd 1E1 No.: 13028 FB: 443 LOT 1-A Page 2 of 2 INABA ENGINEERING, INC. 273 WAIANUENUE AVENUE HILO,HAWAII 96720 • LOT 1-B a Portion of Lot 1 Rodillas Subdivision Being a Portion of Grant 4538 to A. Mac Aulton Ponahawai, South Hilo, Island of Hawaii, Hawaii DESCRIPTION Beginning at the West corner of this parcel of land, being the South corner of Lot 1-A, and on the East side of Akala Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAUMANA" being 950.43 feet North and 680.30 feet East, and running by azimuths measured clockwise from True South: 1. 233° 24' 10" 304.31 feet along Lot 1-A 2. 345° 36' 189.23 feet along Lot A-1, a portion of Royal Patent 5516, Land Commission Award 4983 to Kukeleau; 3. 55° 39' 30" 234.15 feet along Lot 2, Grant 10,389 to (Mrs.) Riki Fujimoto; 4. 143° 48' 166.00 feet along Akala Road to the point of beginning and containing an area of 1.058 Acres. SUBJECT, HOWEVER, to flood inundation (Flood Zone AE) on a portion of this parcel of land. SUBJECT, ALSO, to a 15-feet wide future road widening setback along Akala Road. SUBJECT, ALSO, to EASEMENT W-1 for water meter box purposes, containing an area of 75 square feet, as per survey by Natalie K..Imata, Licensed Professional Land Surveyor, of Imata and Associates, Inc., as described the Declaration of Restrictive Covenant recorded October 07, 2009 as Regular System Document No. 2009-154056. EXHIBIT "E" LOT 1-B Page 1 of 2 INABA ENGINEERING,INC. 273 WAIANUENUE AVENUE HILO,HAWAII 96720 AND, SUBJECT FURTHER, to A Grant of Easement for utility purposes, in favor of Hawaii Electric Light Company, Inc. and Hawaiian Telephone Company (now Hawaiian Telcom, Inc.), recorded January 11, 1984 as Book 17583 Page 54. INABA ENGINEERING, INC. 04147. r1V4& ( CE \LINSEfl // . OFESSIONAL * LAND * Alan Zrba SURVEYOR - Licensed Professional Land Surveyor No.5s2bCertificate Number 5626 &' ��slt .v � February 26, 2015 • • K:12013113028-LBotelho113028.Lot 1-B.des.wpd IEl No.: 13028 Fe: 443 LOT 1-B Page 2 of 2 INABA ENGINEERING, INC. 273 WAIANUENUE AVENUE HILO,HAWAII 96720 Attachment B State Land Use Map State Land Use Boundary Map - Agriculture 1 r 1 f+ r 7 ...„....._ 0 _________________ 3i.r I ter -- , , ---- \ \ aF At�A �A ---------Tr --,,. \ \, , -------____,. ------- •f Vz 4111/4 --r u '"---,>>---,---- / \ ---------- --------_____ ),___________________-...---- --„. --,, *`--__________,-----\ \\K /7 .>„.-------cc \ \ 7 \ \ 1 r, ,/- ----/-- , , 1�- �\ ti Attachment C General Plan LUPAG Map General Plan LUPAG Map - IAL • \ \ yr' , ____4_________---- \ i., __-- \ --‘. ti Jolvio ________ „.,_ 1/ ______,,,_____ iiiiiii r ,.z 4 # ........_, ,,,, „ ,s __ ,_. 01 ,,,, ,.........„ ,,..tsve,...,,..,ilv-- d .,,,,,_,,:,,,. „:„..., _,,,,,,„,,,::„,,,., i„,,,, „, ,s..., Mu !du ,E ,,,,,,„,� It11001 ' '';:.;,.',;:;.':' _ -.'” ';', Op 401110 - -. ' .-' ' ,,.. ' ' :1 " ' /i 41140, A11104010k;._•,,:::::,1' , , ...„. ,, , , ,,,,, ''-_ , . ,:.j I . yy. " c t4.-+'s... ,x r«i s:4:-‘474,',4:::,. ,,. a,Z4 #aw t Attachment County Zoning Map FA-2a County Zoning Map - FA-2a _ ______-- \ 1 r, 1, y may,,,---- A-3a •S 2- - -15 FA-1a ii iS-'� 4 i IV Vi---F—.1. 3a A 1 ofr. ,, "11111' A-1a /0 ,, .. .4sft‘ ior .a. 7 5,s iiiii66, SMr , e „1,q.4 --,s, Attachment E Hawaii County Code Division 6. FA Family Agricultural Districts 25-5-57 HAwAI`l COUNTY CODE Section 25-5-57. Other regulations. (a) If any legal building site in the RA district has an area less than one-half acre, then the yard and height requirements for the building site shall be the same as the yard requirements for the RS district. (b) Plan approval shall be required prior to the construction or installation of any new structure or development, or of any addition to an existing structure or development which is used for minor agricultural products processing. (c) An ohana dwelling may be located on any building site in the RA district, as permitted under article 6, division 3 of this chapter. (d) Exceptions to the regulations for the RA district regarding heights, building site areas, building site average widths and yards,may be approved by the director 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.) Division 6. FA, Family Agricultural Districts. Section 25-5-60. Purpose and applicability. The FA (family agricultural) district provides for a blend of small-scale agricultural operations associated with residential activities and which may be characterized by farm estates, small acreage farms, or subsistence lots. The FA district is intended to be in areas designated as being within the State land use agricultural district, where public services and infrastructure are appropriate to support the very low density residential needs of a rural community and where substantial number of parcels are less than five acres in size, and where a mix of uses will not conflict with or be detrimental to existing agricultural uses in the surrounding area. In addition, this district is intended to be primarily comprised of agricultural lands less than five acres in area, which are not classified as A or B lands under the land study bureau's master productivity rating, or classified as prime, unique, or other important agricultural lands. Provided, that this district may include lands so classified if the lands are situated within an urban expansion or other urban designation under the general plan land use pattern allocation guide(LUPAG)map. (1996, Ord.No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-61. Designation of FA districts. Each FA (family agricultural) district shall be designated on the zoning map by the symbol "FA" followed by a number and the lower case letter "a" which indicates the required number of acres for each building site. For example, FA-la means a family agricultural district with a minimum building site area of one acre. (1996, Ord.No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-62. Permitted uses. (a) The following uses shall be permitted in FA districts: (1) Agricultural products processing, minor, provided that the area or buildings used for such processing, shall be located at least seventy-five feet from any street. (2) Agricultural tourism as permitted under section 25-4-15. (3) Animal hospitals. (4) Aquaculture. (5) Botanical gardens, nurseries and greenhouses, seed farms, plant experimental stations, arboretums, floriculture, and similar uses dealing with the growing of plants. (6) Campgrounds, parks, playgrounds, tennis courts, swimming pools, and other similar open area recreational facilities, where none of the recreational features are entirely enclosed in a building. SUPP. 7 (1-2009) 25-58 ZONING §25-5-62 (7) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (8) Crop production. (9) Dwelling, single-family, as permitted under chapter 205, Hawai`i Revised Statutes and as permitted under section 25-5-67(b). (10) Farm dwellings, as permitted under section 25-5-67(b) and(c). (11) Game and fish propagation. (12) Group living facilities. (13) Kennels. (14) Livestock, grazing; provided that any feed or water area, salt lick, corral, run, barn, shed, stable, house, hutch, or other enclosure for the keeping of any permitted animals shall be located at least seventy-five feet from any lot line. (15) Public uses and structures, necessary for agricultural practices. (16) Retention, restoration, rehabilitation, or improvement of buildings or sites of historic or scenic interest. (17) Riding academies, and rental or boarding stables. (18) Roadside stands for the sale of agricultural products grown on the premises. (19) Utility substations, as permitted under section 25-4-11. (20) Vehicle and equipment storage areas that are directly accessory to aquaculture, crop production, game and fish propagation, and livestock grazing. (21) Veterinary establishments. (b) The following uses may be permitted in the FA district,provided that a use permit is issued for each use: (1) Golf courses and related golf course uses, including golf driving ranges, golf maintenance buildings and golf club houses, provided that the property is within the state land use urban or rural district. Golf courses and golf driving ranges shall not be permitted within the state land use agricultural district unless approved by the County before July 1,2005. (2) Telecommunication antennas and towers. (c) The following uses may be permitted in the FA district,provided that a special permit is obtained for such use if the building site is located within the State land use agricultural district: (1) Adult day care homes. (2) Bed and breakfast establishments, as permitted under section 25-4-7. (3) Community buildings, as permitted under section 25-4-11. (4) Family child care homes. (5) Home occupations, as permitted under section 25-4-13. (6) Meeting facilities. (7) Model homes, as permitted under section 25-4-8. (8) Public uses and structures, other than those necessary for agricultural practices, as provided under section 25-4-11. (9) Temporary real estate offices, as permitted under section 25-4-8. (10) Uses, other than those specifically listed in this section, which meet the standards for a special permit under chapter 205,Hawaii Revised Statutes. (d) The following uses may be permitted in the FA district, provided that a use peuuit is issued for each use if the building site is outside of the State land use agricultural district or a special permit is issued for each use if the building site is within the State land use agricultural district: (1) Bed and breakfast establishments, as permitted under section 25-4-7. (2) Churches, temples and synagogues. (3) Crematoriums, funeral homes, funeral services, and mortuaries. (4) Day care centers. (5) Hospitals, sanitariums,old age, convalescent, nursing and rest homes. (6) Major outdoor amusement and recreation facilities, includes stadiums, sports arenas, and other similar open air recreational uses. (7) Schools. 25-59 SUPP. 18 (7-2014) § 25-5-62 HAwAt`1 COUNTY CODE (e) Buildings and uses accessory to the uses permitted in this section shall also be permitted in the FA district. (1996, Ord.No. 96-160, sec. 2; ratified and amended April 6, 1999; Am. 2008, Ord. No. 08-155, sec. 12; Am. 2010, Ord. No. 10-17, sec. 5; Am. 2012, Ord. No. 12-28, sec. 8; Ord. No. 12-124, sec. 7; Am. 2014, Ord. No. 14-86, sec. 8.) Section 25-5-63. Height limits. The height limit in FA districts shall be thirty-five feet for any residential structure, including any single-family dwelling or farm dwelling, and forty-five feet for all other structures. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-64. Minimum building site area. The minimum building site area in the FA district shall be one acre. Other FA districts having larger areas may be designated in increments of one acre up to a recommended maximum of five acres. (1996, Ord.No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-65. Minimum building site average width. Each building site in the FA district must have a minimum average width of one hundred twenty feet for the initial one acre of required area plus twenty feet for each additional acre of required area; provided that no building site shall be required to have an average width greater than three hundred feet. (1996, Ord.No. 96-160, sec. 2;ratified April 6, 1999.) Section 25-5-66. Minimum yards. (a) Except as otherwise provided in this section, the minimum yards in the FA district shall be thirty feet for front and rear yards and twenty feet for side yards. (b) In the FA district, accessory buildings and enclosures (other than fences under eight feet high) for the shelter and confinement of any livestock shall be at least thirty feet from the side and rear property lines. (c) Appropriate additional setbacks from adjacent residential zoned lands may be required by the director for those facilities and uses which may include more frequently used machinery and equipment in order to minimize potential lighting, odor,vector and air and water quality impacts. (1996, Ord.No. 96-160, sec. 2;ratified April 6, 1999.) Section 25-5-67. Other regulations. (a) If any legal building site in an FA district has an area of less than one acre, then the yard and height requirements for the building site shall be the same as the yard and height requirements in the RA district. (b) One single-family dwelling or one farm dwelling shall be permitted on any building site in the FA district. A farm dwelling is a single-family dwelling located on or used in connection with a farm or if the agricultural activity provides income to the family occupying the dwelling. (c) Additional farm dwellings may be permitted in the FA district only upon the following conditions: (1) A farm dwelling agreement for each additional farm dwelling, on a form prepared by the director, shall be executed between the owner of the building site, any lessee having a lease on the building site with a term exceeding one year from the date of the farm dwelling agreement, and the County. The agreement shall require the dwelling to be used for farm-related purposes. (2) The applicant shall submit an agricultural development and use program, farm plan or other evidence of the applicant's continual agricultural productivity or farming operation within the County to the director. Such plan shall also show how the faun dwelling will be utilized for farm-related purposes. SUPP. 18 (7-2014) 25-60 • ZONING § 25-5-67 (d) An ohana dwelling may be located on any building site in the FA district, as permitted under article 6, division 3 of this chapter. (e) Exceptions to the regulations for the FA district regarding heights, building site areas, building site average widths and yards,may be approved by the director within a planned unit development. (f) Plan approval shall be required prior to the construction or installation of any new structure or development, or of any addition to an existing structure or development which is used for minor agricultural products processing. (1996, Ord.No. 96-160, sec. 2; ratified April 6, 1999.) Division 7.A,Agricultural Districts. Section 25-5-70. Purpose and applicability. The A(agricultural)district provides for agricultural and very low density agriculturally-based residential use, encompassing neral areas of good to marginal agricultural and grazing land, forest land, game habitats, and areas where urbanization is not found to be appropriate. (1996,Ord.No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-71. Designation of A districts. Each A (agricultural) district shall be designated on the zoning map by the symbol "A" followed by a number together with the lower case letter "a" which indicates the required or minimum number of acres for each building site. For example, A-10a means an agricultural district with a minimum building site area of ten acres. (1996,Ord.No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-72. Permitted uses. (a) The following uses shall be permitted in the A district: (1) Agricultural parks. (2) Agricultural products processing, major and minor. (3) Agricultural tourism as permitted under section 25-4-15. (4) Animal hospitals. (5) Aquaculture. (6) Botanical gardens, nurseries and greenhouses, seed farms, plant experimental stations, arboretums, floriculture, and similar uses dealing with the growing of plants. (7) Campgrounds, parks, playgrounds, tennis courts, swimming pools, and other similar open area recreational facilities,where none of the recreational features are entirely enclosed in a building. (8) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (9) Crop production. (10) Dwelling, single-family, as permitted under chapter 205, Hawai`i Revised Statutes and as permitted under section 25-5-77(b). (11) Farm dwellings, as permitted under section 25-5-77(b) and(c). (12) Fertilizer yards utilizing only manure and soil, for commercial use. (13) Forestry. (14) Game and fish propagation. (15) Group living facilities. (16) Kennels. (17) Livestock production, provided that piggeries, apiaries, and pen feeding of livestock shall only be located on sites approved by the State department of health and the director, and must be located no closer than one thousand feet away from any major public street or from any other zoning district. 25-61 SUPP. 7 (1-2009) § 25-5-72 HAWAII COUNTY CODE (18) Public uses and structures which are necessary for agricultural practices. (19) Retention, restoration, rehabilitation, or improvement of building or sites of historic or scenic interest. (20) Riding academies, and rental or boarding stables. (21) Roadside stands for the sale of agricultural products grown on the premises. (22) Utility substations, as permitted under section 25-4-11. (23) Vehicle and equipment storage areas that are directly accessory to aquaculture, crop production, game and fish propagation, livestock grazing and livestock production. (24) Veterinary establishments. (25) Wind energy facilities. (b) The following uses may be permitted in the A district, provided that a use permit is issued for each use: (1) Golf courses and related golf course uses, including golf course 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 A district, provided that a special permit is obtained for such use if the building site is located within the State land use agricultural district: (1) Adult day care homes. (2) Airfields,heliports, and private landing strips. (3) Bed and breakfast establishments, as permitted under section 25-4-7. (4) Community buildings, as permitted under section 25-4-11. (5) Excavation or removal of natural building material or minerals, for commercial use. (6) Family child care homes. (7) Guest ranches. (8) Home occupations, as permitted under section 25-4-13. (9) Lodges. (10) Meeting facilities. (11) Model homes, as permitted under section 25-4-8. (12) Public dumps. (13) Public uses and structures, other than those necessary for agricultural practices, as provided under section 25-4-11. (14) Temporary real estate offices, as permitted under section 25-4-8. (15) Trailer parks with density of three thousand five hundred square feet of land area per trailer, provided that plan approval is secured prior to commencing such use. (16) Uses, other than those specifically listed in this section, which meet the standards for a special permit under chapter 205, Hawai`i Revised Statutes. (d) The following uses may be permitted in the A district,provided that a use permit is issued for each use if the building site is outside of the State land use agricultural district or a special permit is issued for each use if the building site is within the State land use agricultural district: (1) Bed and breakfast establishments, as permitted under section 25-4-7. (2) 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. (7) Schools. SUPP. 18 (7-2014) 25-62 • ZONING § 25-5-72 (e) Buildings and uses accessory to the uses permitted in this section shall also be permitted in the A district. (f) No building site shall be established after December 1, 1996 which shall in any way restrict or limit aquaculture, horticulture, production of crops, keeping of livestock, game and fish propagation, or the processing, sale or other commercial use of the products of such uses. (1996,Ord.No. 96-160, sec. 2; ratified and amended April 6, 1999; Am. 2008, Ord.No. 08-155, sec. 13; Am. 2010, Ord.No. 10-17, sec. 6; Am. 2012, Ord. No. 12-28, sec. 9; Ord. No. 12-124, sec. 8; Am. 2014, Ord. No 14-86,sec. 9.) Section 25-5-73. Height limit. The height limit in the A district shall be thirty-five feet for any residential structure, including any single-family dwelling, or farm dwelling, and forty-five feet for all other structures. The director may, however, permit by plan approval, any nonresidential agricultural structures to be constructed to a height of one hundred feet, if the director deteimines that the additional height above the forty-five foot height limit is necessary. (1996,Ord.No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-74. Minimum building site area. The minimum building site area in the A district shall be five acres. (1996,Ord.No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-75. Minimum building site average width. Each building site in the A district shall have a minimum average width of two hundred feet for the first five acres of required area plus twenty feet for each additional acre of required area. Provided that no building site shall be required to have an average width greater than one thousand feet. (1996,Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-76. Minimum yards. (a) Except as otherwise provided in this section, the minimum yards in the A district shall be thirty feet for front and rear yards,and twenty feet for side yards. (b) For accessory uses such as shade cloth structures used in controlling the amount of sunlight in the raising of plants and flowers,rear, side and front yards in the A district shall be at least ten feet, except where the A district shares common boundaries with urban zones and main government roads. (c) For accessory uses such as plastic roofed and shade cloth wooden or metal framed structures used in controlling the amount of sunlight, rainfall, wind and other elements of nature in the raising of fruits, vegetables and similar agricultural products, rear, side and front yards shall be at least ten feet except where: (1) Exterior walls of any type other than shade cloth are added to the wooden or metal framed structure; (2) The specific use allowed is abandoned; and (3) The A district shares common boundaries with urban zones and main government roads. (1996,Ord.No. 96-160, sec. 2; ratified April 6, 1999; Am. 1999,Ord. No. 99-110, sec. 1.) Section 25-5-77. Other regulations. (a) If any legal building site in the A district has an area of less than five acres, then the yard, minimum building site average width and height requirements for the building site shall be the same as the yard and height requirements in the FA district. (b) One single-family dwelling or one farm dwelling shall be pelluritted on any building site in the A district. A farm dwelling is a single-family dwelling that is located on or used in connection with a farm or if the agricultural activity provides income to the family occupying the dwelling. 25-63 SUPP. 18 (7-2014) 25-5-77 HAWAII COUNTY CODE (c) Additional farm dwellings may be permitted in the A district only upon the following conditions: (1) A farm dwelling agreement for each additional farm dwelling, on a form prepared by the director, shall be executed between the owner of the building site, any lessee having a lease on the building site with a tern exceeding one year from the date of the farm dwelling agreement, and the County. The agreement shall require the dwelling to be used for farm-related purposes. (2) The applicant shall submit an agricultural development and use program, farm plan or other evidence of the applicant's continual agricultural productivity or fanning operation within the County to the director. Such plan shall also show how the farm dwelling will be utilized for faun-related purposes. (d) An ohana dwelling may be located on any building site in the A district, as permitted under article 6, division 3 of this chapter. (e) Exceptions to the regulations for the A district regarding heights, building site areas, building site average widths and yards, may be approved by the director within a planned unit development. (1996, Ord.No. 96-160, sec. 2;ratified April 6, 1999.) Division 8.IA,Intensive Agricultural Districts. Section 25-5-80. Purpose and applicability. The IA (intensive agricultural) district provides for the preservation of important agricultural lands as provided for in the general plan and characterized by a mix of small and large scale commercial farms and other agricultural operations which may include residential use in the form of farm dwellings closely tied to intensive agricultural use. The lands in the IA district are those lands which have the soil, quality, growing season, and moisture supply needed to sustain high yields of crops generally or of specific crops of statewide or local importance when managed according to modern farming methods. All IA districts shall be located within the State land use agricultural or conservation district. (1996, Ord. No. 96-160, sec. 2;ratified April 6, 1999.) Section 25-5-81. Designation of IA districts. The IA (intensive agricultural) district shall be designated by the symbol "IA" followed by a number together with the lower case letter "a" which indicates the required or minimum number of acres for each building site. (1996, Ord. No. 96-160, sec. 2;ratified April 6, 1999.) Section 25-5-82. Permitted uses. (a) The following uses shall be permitted in the IA district: (1) Agricultural parks. (2) Agricultural products processing, major and minor. (3) Agricultural tourism as permitted under section 25-4-15. (4) Aquaculture. (5) Cemeteries, as permitted under chapter 6, article 1 of this Code. (6) Crop production. (7) Farm dwellings,as permitted under sections 25-5-87(b) and(c). (8) Forestry. (9) Livestock production, provided that piggeries, apiaries and pen feeding of livestock shall not be closer than one thousand feet to any major road or to any district other than the A district on building sites approved by the State department of health and the director. (10) Public uses and structures which are necessary for agricultural practices. SUPP. 7 (1-2009) 25-64 Attachment F Flood Insurance Rate Map (Firm) ,. 325006030 325006152 3 50060 E 325006146 325006162 , E 3'50061 6 3.'50061 5 325006145 325006114 325006036 :i1.S - 325006154 325006034 32511.999 3250061/2 X 3: 325006144 325006033 3250060 >.08;.F 325006022 325006158 325006143 325006032 325006157 325006148 325041 325006031 — 325040042 , 025040041 325006155 325006156 325006150 �_ ` 450400 i' 325040018 ,f) 325040037 325040034 '•0406 325006153 •040s 3 .0400'4 • '04140 325040021 ;2 2'1023 325040019 2 04003. 3 .140! los ,�; '50400►. 325040020 'L-,,404 1 04 :07 3250061 325006027 4'0111 25040022 ` 2 0-.4024- :495091 - �'111c2504004., 325040012 • 506110► 325041'01!0 ; 14.4m150611.3 �! 325061106 32 %'00- 0 1129c 140026 3' 3 .1'li 0.i... 5061" 3 325005084 3258,�y ' X41) .: 3 •061 3 506110 •250611 1�-�j '+� 3 •0616'5 32>�� x:13 - II:: 3 .0616'6 X 2506110 3 •0611'7 32 ;0 1112M 12 3 .061648 ` 1551660:!-• 3 ••1 09 1 •0610'9 2 :1511W,20111: 2506110 005 " •'- +19 325006003 3 •061 6 1 005 ' �'�� x'10 50610`6 3 •061 1 i6 !9 rl 5000E zi,'5005009 3' 0610.2 3 061 63 1 10051 /, 08 3 0610'.,7 ' 506105' 3 •0616.5 3L 506112 3 •0616.4 ,.._--1—�1?,.0''1.�!"_ ,.-eTet122 ._ _ 325061054 q nA1 q 3% Attachment G DLNR Historic Preservation Letter re archaeological features November 3, 2015 State of Hawai'i Department of Land and Natural Resources State Historic Preservation Division Kakuhihewa Building 601 Kamokila Boulevard, Room 555 Kapolei, HI 96707 To Whom It May Concern: SUBJECT: Rezoning Change from FA-2a to FA-la Hilo District, Island of Hawaii TMK: 2-5-40:42 — 50 Akala Road, Hilo, HI 96720 We are in the process of completing an application for Change of Zone with the County of Hawai'i for our above-named property. The application for Change of Zone indicates that we obtain input from the State Department of Land and Natural Resources Historic Preservation Division (DLNR- SHPD) regarding archaeological resources of the subject property. Please send your input to us as soon as you are able to. Our contact information is noted below. Thank you for your time. Sincerely, 4,,,iti'$-YA144164\-1 4111/C- FRANCIS H. RODILLAS MARTHA A. RODILLAS martharodillas@gmail.com Owners 50 Akala Road Hilo, HI 96720 PH: 808-896-3467 or 808-896-2845 Attachment H Land values • 9 1/26/2015 1P''\' :r gpubli lublic.net/hi_hawaii_display.php?county=hi_hawaii&KF 50400420000 Art �, ., _ ,, . '�a COUNTY .„;,:ticy,ft:.; ,.,,„,i,..,,,,-:41 :_ :' r s a - Real Mope! try 'ca �¢ i. Recent Sales in Area Previous Parcel Next Parcel Return to Main Search Page Hawaii Home Real Property Home Owner and Parcel Information Owner Name RODILLAS,MARTHA ANN Fee Owner Today's Date January 26, 2015 Mailing Address Parcel Number 250400420000 Location Address 50 AKALA ROAD Project Name Property Class 9 Parcel Map Show Parcel Map I TMK Maps Neighborhood Code 2562-5 Land Area (acres) 2.724 Legal Information LOT 2 2724 AC Land Area (approximate sq ft) 118,657 Assessment Information Show Historical Assessments Property Market Net Taxable Market Assessed Net Taxable Total Dedicated Land Building Year Class Land Use Value Exemption Land Building Building Exemption Building Taxable Value Value Value Value Value Value 2014 9 $ 138,600 $ 0 $0 $ 138,600 $ 501,700 $496,600 $ 160,000 $336,600 $475,200 2014 $ 138,600 $0 $0 $ 138,600 $ 501,700 $ 496,600 $ 160,000 $336,600 $475,200 Appeal Information No appeal information on parcel. Land Information Property Class Square Footage Acreage Agricultural Usage AGRICULTURAL 118,657 2.724 Residential Improvement Information Effective Total Building Year Square Full Half Exterior Number Built' Year Feet Room Baths Baths Bedrooms Framing Wall Roof Material Heating/AC Fireplace Grade Sketch Built Count DOUBLE CORRUGATED 1 2011 2011 2,870 7 2 1 3 Frame WALL IRON 0 3+ Sketch Building 1 j Other Building and Yard Improvements Description Quantity Year Built Area Gross Building Value No information associated with this parcel. Permit Information Date Permit Number Reason Permit Amount 03/01/2010 62010-0374H DWG $430,000 Dept of Public Works Bldg Division Permit and Inspections Information Permit Permit Permit Estimated Inspection Inspection Date Type Number Permit Reason Permit Description Cost Date Status 02/09/2011 Electrical E2011- New;Supplement PROPOSED 3 BEDROOM, 2.5 BATHROOM DWELLING WITH $330,000 02/16/2011 COMPLETED 0109H COUNTY WATER. 07/20/2010 Electrical E2010- New PROPOSED 3 BEDROOM, 2.5 BATHROOM DWELLING WITH 0936H $8,000 02/16/2011 COMPLETED COUNTY WATER. 04/22/2010 Plumbing' M2010- New;Gas PROPOSED 3 BEDROOM, 2.5 BATHROOM DWELLING WITH $6,500 02/03/2011 COMPLETED 0669H COUNTY WATER. • 03/01/2010 Building B2010- New COUNTY WATER. PROPOSED 3 BEDROOM, 2.5 BATHROOM DWELLING WITH $430,000 02/17/2011 COMPLETED 0374H As a courtesy to the public, we provide building permit data as supplied by the Department of Public Works. As such, no warranties, expressed or implied, are provided for the data herein, its use or its interpretation, and accuracy. Sales Information Sale Instrument Instrument Instrument Date of Land Court Document Cert Conveyance Document Sale Date Book/Page. Amount # Type Description Recording Number # Tax Type 04/06/2011 $ 1,950 11-068386 FEE Warranty Deed 04/21/2011 1.95 Warranty CONVEYANCE Deed 10/14/2009 $0 OTHER Mapping Change 10/14/2009 0 Mapping Change Current Tax Bill Information 2014 Tax Payments Show Historical Taxes Original Taxes Tax Net Amount 1/26/2615 qpubl 1public.net/hi_hawaii_display.php?county=hi_hawaii&i' 250400420000 Tax Period Description Due 120,....e Assessment Credits Tax Penalty Interest Other Due $0.00 No Tax Information available on this parcel. Recent Sales in Area Previous Parcel Next Parcel Return to Main Search Page Hawaii Home Real Property Home The Hawaii County Tax Assessor's Office makes every effort to produce the most accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use or interpretation. Website Updated: January 16, 2015 ©2013 by County of Hawai'i Real Property Tax Office I Website design by gPublic.net hffn•//nn, 9VCV-7CnAnnAnrw,rv, .. G \.01's e\-t\6 ��PNP 2 0o Project Site F = y \� Y 0 <40 • Osj �P GPS �� \P�� I r—� r— wom Site Map yr Not to Scale RODILLAS SUBDIVISION Land Situated at Ponahawai, South Hilo, Island of Hawaii, Hawaii Being a Portion of Grant 4538 to A. MacAulton. Being also Lot 2 Tax Map Key: 3rd Div. 2-5-040: 042 October 26, 2015 i 0 ole�tj0 fat-s- 9 sea,' &gett I FAS) W Leslie P' IoWON ctJ1, • w Q TTG 0 0 V1 65 = F z -e `o,-s P,eoa gote\t�a __ ,7i,„, • ge,„, ° `,,.. P a L11W�e<51 G(oet Q P\on / a P.M 6, Lot 2—A �°°Pott° 2�9 ti 1.313 Acres 7A59:y5 Lot 2—B Q . • 1.411 Acres 19 P. IP • O � z�.x -159'26' Olt \c2, g5�' 22.00 137'31' ck 27sop. of F. R Lot 1—A �e a0p�k 1453$ N Leslie A. & Betty Jean Botelho 11220, damO / (Owners) 2.34-• (1$pp H OS \Fee\B) 202.20' 4 4- 2 For Wale W_ 'urposes Delete • c:<`='\ 7640 9. -•. t 387.05 337'20' 1,011.23 N (7650) t 1&.14 z.x 532.30 E ??'?o. —"KAUMANA" spp Easement W for Waterline 49 Purposes (459 Sq. Ft.) S z...x RODILLAS SUBDIVISION GRAPHIC SCALE 50 0 25 50 100 Land Situated at Ponahawai, South Hilo, Island of Hawaii, Hawaii �1m ■ — � Being a Portion of Grant 4538 (IN FEET) to A. MacAulton. Being 1 Inch = 100 Feet also Lot 2 y: Subdivision of Lot 2 into , Imata Prepared and Associates, Inc. Lot 2–A and Lot 2–B. 171 Kapiolani Street Hilo, Hawaii 96720 Deletion of Easement "W-2" and Designation of Easement "W" for P• sue This work was prepared by g /cq me or under my supervision Waterline Purposes ::;Ca- _____ Q LICENSED 3 PROFESSIONAL '. 67c * LAND SURVEYOR * NO. 13717 Way . Subica, Jr. Lice ed Professional Lan Surveyor '544411,UgP• Certificate Number 1 371 7 Expires: April 30, 2016 Tax Map Key: 3rd Div. 2-5-040: 042 October 26, 2015 Job Number: 06-25 REZONE DESCRIPTION LOT 2 LAND SITUATED AT PONAHAWAI, SOUTH HILO, ISLAND OF HAWAII, HAWAII. Being a portion of Grant 4538 to A. MacAulton. Beginning at the south corner of this parcel of land, being the northwest corner of Lot 1 and along the northerly side of Akala Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAUMANA", being 977.03 feet North and 615.55 feet East, thence running by azimuths measured clockwise from true South: 1. 112° 20' 387.05 feet along Akala Road; 2. 137° 31' 27.04 feet along the remainder of Grant 4538 to A. MacAulton (Lot 3, Roadway); 3. 159° 26' 22.00 feet along the remainder of Grant 4538 to A. MacAulton (Lot 3, Roadway); 4. 249° 26' 667.00 feet along Grant 4093 to A. MacAulton (Lots 3-A and 3-B); 5. 345° 36' 132.58 feet along R. P. 5516, L.C. Aw. 4983 to Kukeleau (Lot A-1); 6. 55° 33' 276.39 feet along the remainder of Grant 4538 to A. MacAulton (Lot 1); 7. 22° 20' 134.18 feet along the remainder of Grant 4538 to A. MacAulton (Lot 1); 8. Thence along same on a curve to the left with a radius of 10.00 feet, the chord azimuth and distance being: 337° 20' 14.14 feet to the point of beginning and containing an area of 2.724 Acres. { j.�.. j„f Cs 4 Wayne A. Siabjca, Jr. r, Licensed P't-dfessional Land Surveyor'` Certificate No. 13717 Exp. April 2016 Tax Map Key: 3rd Div. 2-5-40: 42 Rezone Description, Lot 2 Page 1 of 1 d- = 0 0 N N NN ON N _ _ rn 0 0N N N N N o O 0 o LD h I LU .• _ LD LO N LD N LD N LD rn rn o _ 5 o ca) rn rn O O _ _ ro *� x x x x x o x x x o c C x CU — o o v o 0 a; >Fs - o 6' 6' 0— — — o Z — —_ > = x 1 > (n 0 x x x x ± v 0 a-' 6 0 'a ro co coo coo (moo rho rho + O 0 as CCS @ + CC CC @ Q a 'O0 CO Ecn O O E CO (o dA s )O+ co (o ro ro no co 0. - CD Y C m 0 Y Y co ro CO ro (o Fs rr 4 I CCL LD 0co Q < < < Q Q Q N O 0 N Ln co Ln CO CO 0 c LD 0 LD LO CO co co Ln Ln t!1 d' d- LD LD LD LD LD LD Ln LO G Lr1 C e i al N N N L') L(1 N c i i I I Q1 c-I N 01 N 01 c-I 01 0 O O 0 0 O O 0 O O O 0 0 0 O 0 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N. N LD LD LD LD LD LD LD LD LD LD LD LU LD LD LD LD Q 01 01 0) O1 01 01 01 01 O1 01 on O1 O1 O1 01 O1 IV a) to x x x 1x 2 2 x x = x 2 2 x x = ? O O O oO O O O O O O O O o O O V x x i x x x x x x x x x x x x x Q > > > > > > > vii 0 0 0 0 0 0 0 i co co -o -o -o -a -o 'O coo C C C C noC -O C C C C C C C .a ro as co as co ro to (o O ro as co ca ro cc o cc o cc o cc o cc 0 a -0 O -0 M O O O O O 4,. (o a)2 (a co (o ro (o co a) co (o a (o co as L Y ro co co co (CLr) ro Y Y Y Y Y Q _ Y 1 Y - _ �' < O lD Ql CO CO CO < < < < < < o LD co u1 o m N LU dm- dr d d- %-i c r1 %-I N N Lf) %--f C co r-1 r-I r1 r-I r-1 r-I d- CO N 00 r-1 CO 01 m d' Ln m O d- co N r-1 d' N m r-i co d' r-I d' N r-I d' N r-I 0 N r-I 0 0 O O O r-1 O 0 0 O r•1 0 0 0 O 0 d d d d LD LU d' d- d us lD O4 d LD d O O O 0 O 0 O O O 0 O d' 0 O O O O O O O O O O O O O O O O O O O 2 Ln Ln Ln U) Ln L() L') Ln Ln L') Lr1 U) Ln Ln Ln Ln H N N N N N N N N, N N N N N N N N +-, +-+ 4-+ O cn cn n (o c = c a, v FL- iL FL ro J a) 3 0 0 L_ C C C Y_ Y o < as C) v v E E -E-uv) cc� >. 4-, vii i Y Y I- a) G c0 +t.+ F'ti+ a) a) O i .Ecu -C ,,, 02S °� 0 a) v a) Q) a) L F- co v czi m CO m L L F- v Y c ro o.. r�o La a) C rZ 0 0 3To ro 00 co (a ((o c — - - C C c > �C Y D E E N Q) v 02$ 025 rts= o c m co H c J J J s i 'A- 1c ro a) ›. ro N 1- 6' ro ro 0 0 O N �O ( i0 0 0 > c c o v v c o o_ — �_ c c Nal +, +, 0 2 E Q) C a) a AI Tu N N a) 0 - V) ro V) O co C i 0 O 0 O co co O z i a C. Q Q Q Q m m 1 m m m U 0 0 Li LL. Y F-- H 'J •• O — O O N 0 _ N I_ N = I NO N r\ O l0 l0 CD I I O O O Co 01 O NN 4- CO 01 __ -1 O O I I I — I I a CO O- I I ICL tY) Na; a) a) = O CS' I ++ N O O > O •> > O Q) N I = O > > 37 0 I D 0 = I O v 0 ) +-' 0 0- ."6 +� v v CO ro ro aJ I v1 01 -0 rts a) a) C C ro C r=o (d rCII CCC 0 O N ro Q ;L-' +L•' m rro co E E Lr) 0 3 U cc NE ro co ro ro O ro Y ro a) C C Ql O C 0 ro Y Y X Y C X Y p Q Q X Y Y < p O O p p CO N CO N Q N N. 00 N CO CO a m N •� Q Q co o1 0o 0N 00 h. 0 d- co o d' V) d' L0 0 N rn O o co L') In O 0 co co m co c-I 01 01 %-I O1 c-I 01 a N i-I a. c-I a r` r\ a 0 c-I of c-I rn O 0 0 0 0 0 0 o 0 o 0 0 o O N N N N N N N N N N N N N N N N N N. N. N. N N. N. N. N. N. N N CD CD C0 CD CO CD C0 C0 l0 CD C0 lD l0 co of 01 0l o1 Ol Ol of of Ol of of Ol o1 Ol — — — — — — — — — — — I I I I I I = I I I I I I 1 O O o o O O O o O O O O O O I I I I I E I I I ± ± I I 2 > > > > > > > > > L 'L •L •L L L •L •L — 0 0 0 0 0 0 0 0 0 ro ro ro Co Co as ro (o ro C 73 C C 73 C C C C C C ro (o ro co co N ro co co (o co Eco E -a E E 73 E ° E E c = = = °� c cu c c c = ro ro a0 co ro co v) r0 (o v1 ro v) co ro Y as Y Y To Y — Y Y = Y - Y Y co < m o -'� l0 a) m d' a) co a) 00 d' co Q N CO Q rn c rn rn c to c co N d' 0 d' d' Ln d' o d' m o Ln o l0 m r-I 01 r-I r--1 l0 c-I C c-I c-I C e-I C c-I c-I 111 N N 01 d' m N O c-I CO N M 00 01 ,-+ m 0 0 m c-+ rn c-I d' m rI m m m 0 0 0 o 0 0o 0 0 0 0 0 0 0 O l0 d O O d l0 d' 0 l0 O l0 d o d o o d' d' 0 0 o d• O d' o o d' 0 0 0 0 0 0 0 0 0 0 0 0 0 0 LA LA 1 I 1 1 I 1 N 1 1 1 I N N N N N N N c..!4 N N N N N +-I O VI F-L L co O a) O ~ ro N - U X C)) T vi N ..C2 0 C = ro" it L >` ro cro 11..- cc >. C m F- t L' G 02S C m aJ U o� _ o2S L �' o c c -Cf.) o -00 v. 'v .Q Y A -� _ o I u a 025 c cc N N ro ro 'co 0 O c ro ac C' E (C co o op p o o ro = _ _c E i C N = o 4— 4— U I— co - Z -o f6 -0 L O O rB U L QJ N _ C a) -0 i U > (6L O 3 a) a) C a) C r0 v v ro b > a o •C = 3 0 CU O 0 O 0 cc LA Can) VV) v ri ri -( v) I- William P. KenoiY CI Deanna S. Sako , 11�nor •-OJ4S-. •k•..7• Finance Director 41,.��� Lisa K. Miura I*:•A t›-�;��,� :* Deputt•Director ••'•t�rE OF Fir'�' County of Hawaii DEPARTMENT OF FINANCE - REAL PROPERTY TAX Aupuni Center • 101 Pauahi Street • Suite No.4 • Hilo.Havvai'i 96720 • Fax(808)9614115 Appraisers(808)961-8354 • Clerical(808)961-8201 • Collections(808)961-8282 West Hawaii Civic Center • 74-5044 Ane Keohokalole Hwy • Bldg.D.2nd Flr. • Kailua Iona.Halvah 96740 Fax(808)327-3538 • Appraisers(808)323-4881 • Clerical(808)323-3880 Website:o svv.havvaiipropertvtax.com REAL PROPERTY TAX CLEARANCE (Rev. 07/13) Date: November 20, 2015 TMK(s): (3) 2-5-040-042 This is to certify that the real property taxes due to the County of Hawaii on the parcel(s) listed above have been paid for the tax year 2015-2016, up to and including December 31, 2015. The County's real property taxes are levied on July 1st each year. The taxes become a lien on the property assessed as of the levy date. This clearance was requested on behalf of Martha & Francis Rodillas for the County Planning Department and is issued for this/these parcel(s) only. By enneen R. Erece REAL_ PROPERTY TAX DIVISION Paid up to and including December 31 , 2015 7.,_.... November 3, 2015 State of Hawai'i Department of Land and Natural Resources State Historic Preservation Division Kakuhihewa Building 601 Kamokila Boulevard, Room 555 Kapolei, HI 96707 To Whom It May Concern: SUBJECT: Rezoning Change from FA-2a to FA-la Hilo District, Island of Hawai'i TMK: 2-5-40:42— 50 Akala Road, Hilo, HI 96720 We are in the process of completing an application for Change of Zone with the County of Hawaii for our above-named property. The application for Change of Zone indicates that we obtain input from the State Department of Land and Natural Resources Historic Preservation Division (DLNR- SHPD) regarding archaeological resources of the subject property. Please send your input to us as soon as you are able to. Our contact information is noted below. Thank you for your time. Sincerely, h t/ Ara4t FRANCIS H. RODILLAS MARTHA A. RODILLAS martharodillas@gmail.com Owners 50 Akala Road Hilo, HI 96720 PH: 808-896-3467 or 808-896-2845 COUNTY OF HAWAII .';:`�` ; i STATE OF HAWAII BILL NO. >.z6 ORDINANCE NO. 07 135 AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI`I COUNTY CODE 1983 (2005 EDITION),BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—3 ACRE(A-3a)TO FAMILY AGRICULTURAL—2 ACRE(FA-2a)AT WAIAKEA, SOUTH HILO,HAWAII, COVERED BY TAX MAP KEY 2-5-040:018. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code)of the Hawai`i County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waiakea, South Hilo, Hawai`i, shall be Family Agricultural—2 acre(FA-2a): Beginning at the south corner of this parcel of land,being also the west corner of Grant 10,389 to(Mrs.)Riki Fujimoto and on the northeasterly side of Akala Road,the coordinates of said point of beginning referred to Government Survey Triangulation Station"KAUMANA",being 816.48 feet North and 778.34 feet East,thence running by azimuths measured clockwise from true South: 1. 143° 48' 166.00 feet along Akala Road; 2. 112° 20' 498.05 feet along Akala Road; 3. 186° 50' 21.60 feet along Akala Road; 4. 249° 26' 677.00 feet along Grant 4093 to A. McAulton (Lots 3-A and 3-B); 5. 345° 36' 465.00 feet along R.P. 5516, L.C. Aw. 4983 to Kukeleau(Lot A-1); -1- Planning Dept. Exhibit Z 6. 55° 39' 30" 234.15 feet along Grant 10,389 to(Mrs.) Riki Fujimoto(Lot 2)to the point of beginning and containing an area of 4.852 Acres. All as shown on the map attached hereto,marked Exhibit"A" and by reference made 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. A. The applicants, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicants shall submit the required water commitment payment to the Department of Water Supply in accordance with its"Water Commitment Guidelines Policy"within one hundred eighty(180)days from the effective date of this ordinance. C. Final Subdivision Approval shall be secured within five(5)years from the effective date of this ordinance. D. There shall be no construction of single-family dwellings or other substantial buildings within areas designated"A"by the Flood Insurance Rate Map(FIRM). -2- Restrictive covenants in the deeds of all lots shall give notice of the terms of this rezoning condition. This restriction may be removed by amendment of this ordinance by the County Council. A copy of the proposed covenant(s)to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. E. All driveway connections to Akala Road shall conform to Chapter 22, Streets, of the Hawaii County Code. F. The applicants shall provide a 15-foot wide future road widening setback along the entire property frontage along Akala Road. G. Restrictive covenants in the deeds of all the proposed lots shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owners of the property may also impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s)to be recorded with the State of Hawaii Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. H. All development generated runoff shall be disposed of on site and not be directed toward any adjacent properties. -3- The method of sewage disposal shall meet with the requirements of the State Department of Health. J. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of a Certificate of Occupancy. K. 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-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR- HPD when it finds that sufficient mitigation measures have been taken. L. Comply with all applicable County, State and Federal Laws,rules, regulations and requirements. M. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. -4- ..... _..a W...Aps..-- �.,,, 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance(i.e.,a condition to be performed within one year may be extended for up to one additional year). 5. If the applicants should require an additional extension of time, the Planning Department shall submit the applicant's request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion,the Planning Director may initiate rezoning of the area to its original or more appropriate designation. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. !' Y :ODUCE' :Y: 41ft 411111k "WI��Jal. ra..t COUNCIL t:ER, itrY 0 AWA I Kona ,Hawai`i Date of Introduction: September 6, 2007 Date of Ist Reading: September 6, 2007 Date of 2nd Reading: September 19, 2007 Effective Date: October 10, 2007 REFERENCE: Comm. 509 -5- ,y Edtto Sheat , 0 . CO = 0 0 0411 \ C N' ON 0 :� 0 mc In 0_1 •� v3 oc � z J`° - C L _La 0 L O Q - °a ate+ ♦' m "�,` I , EL= 3 -ice- r QNn 0. 0m. a � O U 2 0 0.0 3 z4waa c O OPeom V z (n O d 0 o ° ° ' c v p 5 1 1:3rn COM �Cx° coYNcco cr.- ° u` o:� • •E2 rm o6in C %...--• n_—x �E znU> _ . a O O L.- m) _ + _ :... N Y M L+ ' ') O m o0•� +- O 3 0 V (n • im t �P CO J ila . +. Nn vZ }_ 4Q .71,_g d,o fS O v< oz> 40 U! o �‹.. 0 O > a Wo> a7CC0u • T_ •• jn5 N 4YN OZO W L.4_N= 7; Q = • I Jb :} O '`"NmV1 LrI 7.1 �o/ ... (n d :e10 •4/ l •Jl Buly��Do�opaoyal2l 0 t3_ toy ahs N noalamnH 03 £8sti My •3 1 '9t5' 91 .d a 00•S9i• —Tr-____ ______„.9£ ,Sf£ • 8S'Z£l 0 • Z4'Z££ r o �'e .n 3 w e e o u - 0 04 Sc • el 54 E E 3; m�C 0 N • �y Nti-•g .o c ,•L U ti io MW v1-0 0000' •-Q ' 75soC `��I� ''„{ , p o• M o�`et �N a to I. 0 " �+� M�� )0 0 JO O o N ti '.•.�� I C n H 5 Q to tp c� R :_ U g / / 16 N O E 1 o 0. J N 0 �•I r�z �• •• • ri�`m /`� •ti//• Of N e N cc�4,. `c s 0 � aa•�C•• m a•a AP m N R Q •� /` m O:3,•t/,///;:i Clail Ep3ea00 w le M K • N r-'-.;:,-,1 0 p 46 ^ 4 0� •� / 3 0 J M r7 M N �3�,00 J Z W p p ,- e9 ci J Ij�� AE' N N.I.E `� c •E 0 L g ,• 55UU ,p/. Ng O p0 n� C ,_ `F •O nNO.tOY 1 ° X `//�• 00 .9,.:..?/ M r' dJ N •�� (�0. 20 o , 5 38.50 N S • ^11 1.^ I '\5' O 1 MI �� 00 166 r It •rt / `'t , N c1V1ca u7 250 �'i Rop6 • b 9 N Z °a O 3• pb` p�. O o C M 10 N.w C N r— \k a m y ,rp ,g. .,— O O _ eC (n " N O / H — m L .o• N• Y a0._ d Q Akao- oti —E o c 1,0. `cj m q C a o a E 3 C.s e- 1- 2;(3 fj _i ry O 0.2 N� O 0 0 ,.N m0=41mn. y1 •l4• ` Ow N M Z M v Ea ro >� `cam a pX"1 0 0 0^ ,^'4" E3dn 1- -) Jw.iln w my tfAr ai 4 NANIIrilli "1111111 A-3a �' ----__ 7 C 4 1 '6. 1.1. s A.3e S A-3a /AGRICULT ' L 3-ACR A-3a) ! 0 FAMLY • RICULTU' FA-2a 4.852 ACRE 4111Dr . --... --,-40*-11111PPAIT ''V';',•'V: .;' '''-,-`•,•,if,71W k 3 8 I lill I P" \ A-3a 'i''':".-.; 0.011114 srs4ax ; IA 778.34E ; , "KAUMANAA 2; "KAMANoR . g" 8 � lA-la ik7 OPEN 11111 `� A-11111 Silt A A-ta -1a 1 -.1€3 11111111.0k NM la F 11111111 ..aL -- A..1A.fa ....14...........u. inza. .i. .I.! ),........./..1 � _ _____ A"", A TOa A , A-{pa 560 A i 0 560 11 I 1 680 240 B ) --- - _Feat 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 3-ACRE (A-3a) TO FAMILY-AGRICULTURAL 2-ACRE (FA-2a) AT WAIAKEA, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK:2-5-040:018 Date:April 12,2007 EXHIBIT"A" (Francis H.&Martha A.Rodillas:1222) OFFICE OF THE COUNTY CLERK County of Hawaii Kona, Hawai`i Introduced By: Pete Hof f mann LIQ LritITEr3 ^' Date Introduced: September 6, 2007 AYES NOES ABS 1 EX First Reading: September 6, 2007 Ford X Published: N/A Higa X Hoffmann X 1 REMARKS: Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 8 0 J. 0 Second Reading: September 19, 2007 To Mayor: September 27, 2007 ROLL CALL VOTE Returned: October 10, 2007 AYES NOES ABS EX Effective: October 10, 2007 Ford X Published: October 18, 2007 Higa X Hoffmann X REMARKS: Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 9 0 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the Coun Council published as indicated above. s! APPROVED AS TO S �"` ', 1111 I FT AND LEGAL TY: COUNCIL ' IAN DEPU Y CORPORATION C NSEL COUNTY OF HAWAII Date OCT - 2 2007 COUNTY`f?- ER 126 Bill No.: C-509/PC-40 ppr vve VDisapproved This © day. Reference: Ord No.: 07 135 �,. AYOR UNTII OF HAWAII COUNTY OF HAWAII :(.,:.Af-A*;.fi STATE OF HAWAII •�i1t'cf•MPJ-. BILL NO. 138 ORDINANCE NO. #1 2 4 C (DRAFT 3) AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE)OF THE HAWAI`I COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL-THREE ACRES (A-3a)TO FAMILY AGRICULTURAL—ONE ACRE (FA-1a)AT PONAHAWAI, SOUTH HILO, HAWAII,COVERED BY TAX MAP KEY: 2-5-040:019. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Ponahawai, South Hilo, Hawai`i, shall be Family Agricultural—One Acre(FA-la): Beginning at a spike found at the southern most corner of this parcel of land, also being the southeast corner of Lot B-2-B,the coordinates of said point of beginning referred to Government Survey Triangulation Station"KAUMANA"being 423.87 feet North and 205.36 feet East and thence running by azimuths measured clockwise from true South: 1. 180° 23' 29" 685.63 feet along Lot B-2-B and Lot B-2-A to a pipe set on Lot B-2-A boundary also being the south side of 30 foot wide Akala Road,said point is not at a corner of Lot B-2-A; 2. 292° 20' 00" 487.19 feet along the south side of 30 foot wide Akala Road to a pipe set; 3. 323° 48' 00" 156.46 feet along same to a spike found at the northern most corner of Lot 1: -1- Planning kW. Exhibit,._.... . 4. 55° 39' 27" 663.37 feet along Lot 1 and State of Hawai`i land,to the point of beginning and containing an area of 4.747 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: Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (1) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. A. The applicants, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicants, successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawaii Revised Statutes,relating to permissible uses within the State Land Use Agricultural District. C. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within one hundred and eighty (180) days from the effective date of this ordinance. The applicant shall construct necessary water system improvements -2- (including but not limited to installation of a service lateral to accommodate a 5/8- inch meter for the proposed additional lot and fire hydrants within 300 feet of each lot) and remit the prevailing facilities charge, as determined by the Department of Water Supply and convey these improvements to the County Water Board prior to Final Subdivision Approval. The applicants, successors or assigns shall execute an Elevation Agreement with the Department of Water Supply prior to water service being provided to the proposed lot. D. Final Subdivision Approval for development shall be secured within five (5)years from the effective date of this ordinance. As represented by the applicants,the subject property shall be subdivided to create no more than two lots, due to the proximity of Kaumana Caves. Restrictive covenants in the deeds of all proposed lots shall give notice that the terms of the zoning ordinance shall prohibit further subdivision of the subdivided lots. This restriction may be removed by amendment of this ordinance by the County Council. E. Restrictive covenants in the deeds of all proposed lots shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owner of the property may also, in addition, impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s)to be recorded with the State Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. F. The applicants shall provide a 15-foot wide future road widening setback along the entire property frontage along Akala Road. -3- G. All new driveway connections to Akala Road shall conform to Chapter 22, County Streets, of the Hawai`i County Code. H. Any new construction or substantial improvements shall comply with the requirements of Chapter 27,Floodplain Management, of the Hawaii County Code. I. The method of sewage disposal shall meet with the requirements of the State Department of Health. J. All development-generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. If required, a drainage study shall be prepared and submitted to the Department of Public Works and any required drainage improvements shall be constructed, meeting the approval of the Department of Public Works prior to Final Subdivision Approval. K. All earthwork activity, including grubbing and grading, shall conform to Chapter 10, Erosion and Sedimentation Control of the Hawaii County Code. L. Should any remains of historic sites, such as rock walls, terraces,platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources— State Historic Preservation Division(DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. -4- M. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees,conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. N. The applicants, successors or assigns shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. O. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance(i.e., a condition to be performed within one year may be extended for up to one additional year). 5. If the applicants should require an additional extension of time, the Planning Department shall submit the applicant's request to the County Council for appropriate action. -5- 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. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hilo , Hawai`i Date of Introduction: March 21, 2012 Date of 1st Reading: March 21, 2012 Date of 2nd Reading: April 4, 2012 Effective Date: April 26, 2012 REFERENCE: Comm. 451.7 -6- Bill 138/Conan. 451 A-3a A 3a A 3 A-3a A-3a FA-2a N';'.e. rr , 'y, a-, A-5a A- , R5 15 is ‘ AGRICULTURAL•THREE ACRES(A3a) R5-15 L To FAMILY AGRICULTURAL-ONE ACRE(FAA A) , `' TOTAL AREA 4.747 ACRES ' to'r A , ,. y A-3a 4 ;{; ) i,. A-3a si rt 1 „?'iii);,r' .:1.9t�'tN 11et L 33E J�' k'UMANA 11 Nok OPEN A-3a t:10.44,44, A 3a 9 A-la A-la ,1�: A—la A-la A-laII A-la • la Feet 0 250 500 1,000 1,500 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 FAMILY AGRICULTURAL - ONE ACRE (FA-1 a), AT PONAHAWAI, SOUTH HILO, HAWAII MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TMK (3)2.5.040:019 DATE:JUL 19,2011 Mam.I R()Awn.(;Rut, OFFICE OF THE COUNTY CLERK (-'f County of Hawai`i "1i Hilo,Hawaii Introduced By: Donald Ikeda ROLL CALL VOTE Date Introduced: March 21, 2012 AYES NOES ABS EX First Reading: March 21, 2012 Blas X Published: N/A Ford X Hoffmann X REMARKS. Ikeda X Onishi X Pilago X Smart X Yagong X Yoshimoto X Second Reading: Apr i 1 4, 2012 6 1 2 0 To Mayor: April 16, 2012 Returned: April 26, 2012 ROLL CALL VOTE Effective: April 26, 2012 AYES NOES ABS EX Published: May 11, 2012 Blas X Ford X REMARKS: Hoffmann X Ikeda X Onishi X Pilago X Smart X Yagong X Yoshimoto X { 7 1 1 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FORM AND LEGALITY;, U' COUNCIL C 1AIRP IN ki PU •OR-ORA • O NSEL I ii/COU Y OFHAWAII 4J/ i4/ i 412012- O LINTY CLERK s /, 138 (Draft 3) Bill No.: VC-451 .7/PC-45 Approved/D pproved this1 day Reference: ofPOVI 1 , 20 101 Ord No.: 12 46 - Oi._ '' . MAYOR, COUNTY OF HAWAII REPORT OF THE COMMITTEE ON PLANNING DATE: March 8, 2012 Re: Comm. No. 451/Bill No.138 PLACE: Council Chambers Hilo, Hawai'i TIME: 2:30 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning,to which was referred Communication No. 451/Bill No. 138, reports as follows: ,1 Bill No. 138,transmitted by Mayor William P. Kenoi, via Communication No. 451, dated October 20, 2011, is 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 Family Agricultural - One Acre (FA-la) at Ponahawai, South Hilo, Hawaii. Also enclosed were favorable recommendations from the Windward Planning Commission Chair Zendo Kern. The applicants request this zone change in order to subdivide the property into two parcels consisting of a 1-acre lot and a 3.747-acre lot. Bill 138 was postponed at the December 7, 2011 Planning Committee meeting to the January 19, 2012 Planning Committee meeting. At the January 19, 2012 Planning Committee meeting, Bill 138 was postponed to the Call of the Chair to allow the applicant to work with Council Member Ikeda's office on possible amendments regarding Conditions F and M. Council Member Ikeda moved to amend Bill 138 with the contents of Communication 451.3, which amends Condition F regarding a 15-foot wide future road widening setback along the entire property frontage along 'Akala Road, and deletes Condition M, the fair share provision in its entirety. He further stated that there is also a condition in Bill 138 to not allow any further subdivision of the property. The applicant, Mr. Marc Butz, came forward to describe the location of the existing house on the property and the reasons he is requesting the zone change. Council Member Yagong asked Planning Director Ms. Leithead Todd to explain her position regarding removing the fair share provision. Ms. Leithead Todd explained that the past practice was that the Planning Commission would not apply fair share conditions; however, the Council would apply conditions to residential lots but not agricultural lots. She stated that now it is included in the ordinances so the Council doesn't have to amend the ordinances to include the costs. She also stated that it is applied to lots of one-acre or less and this has been the practice for the last 16 years. PC Rept.No.: 45 PC-45 Page 2 March 8, 2012 Council Member Yagong asked if the Council were to remove the fair share condition for this applicant,how that decision would affect future determinations. His concern was in regards to avoiding litigation and stressed that the Council needs to be very careful. Ms. Leithead Todd stated that this is a policy matter and is in the purview of the County Council. She recommended that the specific reasons of allowing only one additional lot to be created,the need to maintain agricultural uses, and the proximity to Kaumana Cave should be cited as to why the Council is deviating from the normal practice. She further added that there have been other exceptions where the Council have waived the fair share requirement. Council Member Ford suggested adding language indicating that due to the proximity of Kaumana Cave there will be no further subdivision of this lot and that is the reason to remove the fair share conditions. She also stated she would support the amendment with that language added. Council Member Yagong asked Deputy Corporation Counsel Amy Self if it would lead to future problems or challenges if the same consideration is not given to future applicants. Ms. Self explained that applying fair share conditions is a legislative act and the Council has the authority to add conditions but should be consistent. She further stated if the fair share condition is removed,the Council should provide the specific reasons for the removal, such as the condition that they cannot further subdivide because of the proximity to Kaumana Cave. Council Member Yagong asked why the caves are important, and Ms. Self explained that they are in a protected area. Ms. Leithead Todd added that a buffer area is needed for any developments near the caves to protect the caves from collapse and that a rare cave spider also needs to be protected. Council Member Ford asked why the applicant didn't divide the lots in a way that would not trigger the fair share condition. Mr. Butz replied that it was to protect the agricultural uses of the land and because of logistics for road access. Committee Chair Hoffmann stated that he can now support the bill since the amendment would eliminate the fair share conditions. He further stated the need to formalize the fair share conditions into law. The motion to amend Bill 138 with the contents of Communication 451.3 passed. Council Member Yagong voted"no"and Council Members Pilago and Smart were absent. Ms. Self stated that if the Council is changing the policy, it is important to document it in order to be consistent in the future. Council Member Yagong asked Ms. Self to review the amendment and make sure that this is a unique situation and is acceptable for the Council to deviate from their usual application of fair share conditions. PC Rept. No.: 45 •PC-45 Page 3 March 8, 2012 Council Member Ford stated that the Planning Department has expressed a need to provide the buffer zone, and since the Council has never passed legislation requiring fair share there is no law being violated. Ms. Self stated that the Zoning Code gives the Council the ability to place conditions on rezoning including fair share conditions. She further stated that an Impact Fee Ordinance, if adopted, would apply in this situation. Council Member Yoshimoto stressed that Council must distinguish that this is a special and unique situation. Your Committee on Planning is in accord with the purpose and intent of Bill 138, as amended to Draft 2, and recommends its passage on first reading. mkh AYES NOES A&E EX Respectfully submitted, BLAS X FORD x COMMITTEE ON PLANNING HOFFMANN X IKEDA X ONISHI X SMART x PETE HOFFM"; , HAIR YAGONG _ X PC PO T NO. 45 -- YOSHIMOTO X ADOP .: 0 21 2012 PC Rept. No.: 45 �. COUNTY OF HAWMI;I �•� � :. STATE OF HAWAII ORDINANCE NO. 13 3g 228 BILL NO. (DRAFT 2) AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI`1 COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM FAMILY AGRICULTURAL—2 ACRES (FA-2a) TO FAMILY AGRICULTURAL— 1 ACRE (FA-1a) AT PONAHAWAI, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-5-040:018. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the 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 Ponahawai, South Hilo, Hawaii, shall be Family Agricultural— 1 Acre (FA-1a): Beginning at the North Corner of this parcel of land,being the south corner of Lot 2 and along the Northerly side of Akala Road,the coordinates of said point of beginning referred to Government Survey Triangulation Station"Kaumana", being 977.03 feet North and 615.55 feet East,thence running by azimuths measured clockwise from True South: 1. Along the remainder of Grant 4538 to A. Macaulton (Lot 2) on a curve to the right with a radius of 10.00 feet, the chord azimuth and distance being: 157 20' 14.14 feet; 2. 202° 20' 134.18 feet along the remainder of Grant 4538 to A. Macaulton(Lot 2); 3. 235° 33' 276.39 feet along the remainder of Grant 4538 to A. Macaulton (Lot 2); -1- Planning Dept. Exhibit 4. 345° 36' 332.42 feet along R. P. 5516, L.C. Aw. 4983 to Kukeleau(Lot A-1); 5. 55° 39' 30" 234.15 feet along Grant 10,389 to (Mrs.) Riki Fujimoto (Lot 2); 6. 143° 48' 166.00 feet along Akala Road; 7. 112° 20' 70.00 feet along Akala Road to the point of beginning and containing an area of 2.116 Acres. All as shown on the map attached hereto,marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 (2005 Edition),the County Council finds the following conditions are: Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (1) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. A. The applicants, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicants, successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawai`i Revised Statutes, relating to permissible uses within the State Land Use Agricultural District. -2- C. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within one hundred and eighty(180)days from the effective date of this ordinance. The applicants shall construct necessary water system improvements (including but not limited to installation of a service lateral to accommodate a 5/8- inch meter for the proposed additional lot and fire hydrants within 300 feet of each lot) and remit the prevailing facilities charge, as determined by the Department of Water Supply and convey these improvements to the County Water Board prior to Final Subdivision Approval. D. Final Subdivision Approval for development shall be secured within five (5)years from the effective date of this ordinance. E. Restrictive covenants in the deeds of all proposed lots shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owner of the property may also, in addition,impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s)to be recorded with the State Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. F. All new driveway connections to 'Akala Road shall conform to Chapter 22, County Streets, of the Hawai`i County Code. G. Any new construction or substantial improvements shall comply with the requirements of Chapter 27, Floodplain Management, of the Hawai`i County Code. -3- H. The method of sewage disposal shall meet with the requirements of the State Department of Health. I. All development-generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. If required, a drainage study shall be prepared and submitted to the Department of Public Works and any required drainage improvements shall be constructed, meeting the approval of the Department of Public Works prior to Final Subdivision Approval. J. All earthwork activity, including grubbing and grading, shall conform to Chapter 10, Erosion and Sedimentation Control of the Hawai`i County Code. K. Should any remains of historic sites, such as rock walls,terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources— State Historic Preservation Division(DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. L. 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. M. The applicants, successors or assigns shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. -4- N. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e.,a condition to be performed within one year may be extended for up to one additional year). 5. If the applicants should require an additional extension of time,the Planning Department shall submit the applicants'request to the County Council for appropriate action. O. 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. 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. -5- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hilo , Hawai`i Date of Introduction: May 15, 2012 Date of 1st Reading: March 28, 2013 Date of 2nd Reading: April 9, 2013 Effective Date: May 1, 2013 REFERENCE: comm. 668.4 -6- ` W L ' 101.. FAMILYAGRICULTURAL•TWO ACRES(FA-2a) 10 FAMILY AGRICULTURAL-ONE 111 ACRE(FA-ta) 2.118 ACRES TOTAL 977.0Y N FA-2a A-3a 615.56'E 'XAOMANA" 111 41041, 4 Rn `\ 1R5-15 ' R41111k11111:41 4001 5-15 4 cc o Q A-la OPEN �� # ILIIIIIIIIIIMMINIMMINImm--- .....m.... Feet 0 125 250 500 750 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 FAMILY AGRICULTURAL- 2 ACRES (FA-2a) TO FAMILY AGRICULTURAL- 1 ACRE (FA-1a), AT PONAHAWAI, SOUTH HILO, HAWAII MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TMK:(3)2-5-040:018 DATE:NOV 28,2011 EXHIBIT "A" Leslie A.Botelho and Betty JeanBoiho 1320 , OFFICE OF THE COUNTY CLERK AUNTY CLE. County of Hawaii COUNTY OF HAAII Hilo, Hawaii �Y -I PN 12152 Introduced By: Donald Ikeda ROLL CALL VOTE Date Introduced: May 15, 2012 AYES NOES ABS EX First Reading: March 28, 2013 Eoff X Published: N/A Ford X — llagan X REMARKS: _ Kanuha X May 15, 2012 - Postponed Kern X June 6, 2012 - Postponed Onishi X June 19, 2012 - Postponed Poindexter X _ July 3, 2012 - Postponed Wille X Yoshimoto X Second Reading: April 9, 2013 7 1 j 0 1 To Mayor: April 17, 2013 Returned: May 1, 2013ROLL CALL VOTE Effective: May 1, 2013 AYES NOES ABS EX Published: May 11, 2013 Eoff X Ford X REAL-IRKS. I Ilagan X Kanuha X Kern X Onishi X j Poindexter X Wille X Yoshimoto X 7 1 0 1 1 I DO HEREBY CERTIFY that the,foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO 2 -42L- FORM AND'LEGA ��Y: CO 'NCIL CHAIRP SON DEPUTY CORPORATION COUNSEL COUNTY OF FjAWAI'I / /'7 l>UNTY CLERK Date �� 228 (Draft 2) (2010-2012) C-668 .4/PC-47 `s Bill No.:Reference: .-I pprvvel'Dis proved this day Ord No.: 13 38 0.1 ilk. IP'4, , 20 13- - MAYOR, C( - TYO H.4W,41' REPORT OF THE COMMITTEE ON PLANNING DATE: May 1, 2012 Re: Comm.No. 668/Bill No. 228 PLACE: Council Chambers Kailua-Kona, Hawai`i TIME: 1:00 p.m. Council Chair and Members Hawai`i County Council Hilo, Hawai`i 96720 Your Committee on Planning,to which was referred Comm. No. 668/Bill No. 228, reports as follows: Bill No. 228, transmitted by Mayor William P. Kenoi, via Communication No. 668,dated March 30, 2012, is an Ordinance amending Section 25-8-3 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005 Edition),by changing the district classification from Family Agricultural—2 acres (FA-2a) to Family Agricultural— 1 acre (FA-la) at Ponohawai, South Hilo, Hawai`i, covered by Tax Map Key: 2-5-040:018. Also enclosed was a favorable recommendation from the Windward Planning Commission Chair Zendo Kern. Council Member Ikeda motioned to amend Bill 228 with the contents of Communication 668.2 which deletes Condition F regarding a 15-foot wide road setback and Condition M regarding the Fair Share Contribution. The applicant, Mr. Leslie A. Botelho, and his daughter,Martha Rodillas,were present at the Hilo Chambers. Ms. Rodillas referenced an April 23, 2012 letter sent to Committee Chair Hoffmann, contained in Communication 668.1 that asks for the deletion of Conditions F and M. Mr. Botelho stated that he has spent $25,000 or more upgrading a County drainage ditch on his property and that `Akala Road, which belongs to the County, encroaches on his property by six feet. Ms. Rodillas further stated that they feel this far exceeds Condition M,the fair share contribution cost. Council Member Yoshimoto expressed his support for the amendment as it appears the applicant's cost has exceeded the fair share contribution cost. Council Member Ford inquired about the presence of anyone from the Department of Public Works and was informed that no one was available. She voiced concern about flooding due to Mr. Botelho's work on the drainage ditch and requested that the Floodplain Manager be present and the next reading of this bill. Ms. Rodillas response was that the work done only reinforced the ditch from erosion and did not change the direction of the water flow. PC Rept.No.: 47 PC-47 Page 2 May 1, 2012 Council Member Yagong verified that the County drainage ditch was located on Mr. Botelho's property and that he had used cement to stop the erosion on the sides and bottom of the ditch but did not change the direction of the flow. He also confirmed that `Akala Road did, in fact, encroach on the property by six feet for approximately ninety feet. He then inquired about Mr. Botelho's intentions for the property. Mr. Botelho replied that he wants to subdivide the property to allow his children and grandchildren to build a home and he does not intend to sell the property. Council Member Yagong asked Deputy Corporation Council Amy Self if the request for deleting the two Conditions was addressed at the Planning Commission hearing; and she stated that she did not recall it being discussed. She further reminded the Council that they need to be consistent when considering deleting fair share contribution costs. Council Member Yagong stated that perhaps the Council should just do away with all fair share contributions. He further stated that this is a precarious situation as the County did not survey the road correctly. Council Member Ford inquired about purchasing the portion of land from Mr. Botelho that the County's road and drainage ditch are encroaching on. Ms. Self stated that she had not seen the surveys and had not talked with Public Works Director Warren Lee, so she could not comment. Assistant Corporation Counsel Kathy Garson added that a review of the survey maps should be done and dealt with separately from this rezoning request. Council Member Pilago stated that this was an interesting predicament;however, it was not Mr. Botelho's fault and he should not be penalized by holding up his rezoning request. He added that he believes the fair share contribution has been met and should be waived. Council Member Onishi also agreed with Council Member Pilago and stated that this applicant has already paid his fair share contribution. Council Member Yoshimoto also agreed with Council Member Pilago and Council Member Onishi. Council Member Smart suggested that it might be best to postpone this bill to allow time for the Department of Public Works to investigate the possible encroachment and be present to discuss the situation. Council Member Ford added that without the Planning Department and Department of Public Works present to answer questions,the bill lacks full information and should be postponed. Council Member Smart made a motion to postpone. Council Member Ikeda stated that he cannot support the postponement and the bill should move forward. He added that Mr. Lee can be present at the Council reading and Council Member Blas agreed. Council Member Yagong expressed his support for the postponement, especially since the Council has now been notified of the encroachment issues. He also expressed concerns over liability should an accident occur. He questioned moving forward before resolving the encroachment issues. PC Rept. No.: 47 PC-47 Page 3 May 1, 2012 Assistant Corporation Counsel Kathy Garson verified that there are encroachment issues and stated that the rezoning application and encroachment are two totally different issues, which are dealt with separately. Ms. Self added that this application for rezoning is the very beginning of a long process;and the fair share contribution is to cover the cost of impact a new development will have on the area. The Committee needs to consider the impact of one additional lot and one dwelling will have on the area. Committee Chair Hoffmann asked for clarification on whether the encroachment issues need to be resolved before voting on the bill. Ms. Self replied that the Committee does not have to deal with encroachment issues at the rezoning level and the bill can be voted on today. Council Member Ford stated that if the encroachment makes one or both of the lots less than one acre,the application will be in error. The vote to postpone failed by three ayes to six noes. Your Committee on Planning is in accord with the purpose and intent of Bill 228,as amended to Draft 2, and recommends its passage on first reading. mkh AYES NOES , A&E EX Respectfully submitted, BLAS X FORD x COMMI I'l'EE ON PLANNING HOFFMANN X IKEDA X0 •.110 . s �!► ONISHI X • PILAGO X SMART X PETE HOFFMANN, CHA YAGONG X PC REPORT NO. 47 YOSHIMOTO X ADOPTED: Leslie & Betty Jean Botelho 78 Akala Road Hilo, HI 96720 808-961-3194 E-mail: iesbotelho�a7vahoo,com April 23, 2012 Pete Hoffmann, Chair Hawaii County Council Committee on Planning 25 Aupuni Street Hilo, HI 96720 Dear Chair Hoffmann & Committee Members: RE: Change of Zone Application (REZ 11-000149) Request FA-2a to FA-la Planning Committee Meeting—May 1, 2012 Our names are Leslie & Betty Jean Botelho. We have lived on Akala Road for 36 years and were fortunate to acquire another piece of property next to our primary home. We raised our three daughters and grandson on Akala Road. Because of the rising cost of real estate, our wish is to subdivide our property for our children and grandchildren to afford them an opportunity to become a homeowner. The approval of our application for rezoning will make this a reality for our family. On March 1, 2012, the Windward Planning Commission held a hearing regarding our Change of Zone application. The Commission voted to approve our Change of Zone application with several conditions. We feel that Conditions F and M need your consideration. Condition F states "To provide for future road widening improvements, the fifteen (15)-foot wide future road widening setback along the subject property's Akala Road frontage shall be subdivided and dedicated to the County of Hawaii at no cost upon request." The relevance of this setback has come into question since the adoption of Bill 99 (Exhibit A). Bill 99 was approved by the Council (final reading) on November 2, 2011 and adopted by the Mayor on November 14, 2011. The epos __ .... �\T 4 Fs,T t. L } ,� W 1 I I'd - t Pete Hoffmann & Comrri«.ae Members April 23, 2012 Page 2 Bill 99 among other things is to "delete proposed 60-foot wide right-of-ways connection 1) Akala Road and 2) Chong Street to Akolea Street". This essentially is the first step in removing Akala Road for future road widening. If the intent is to remove the road widening setback from Akala Road then there is less need for Condition F and no need to dedicate the land. We ask that condition F be removed. Condition M states "..,The fair share contribution shall have a combined value of$12,31647 per single family residential unit...." be imposed as a condition of our final subdivision approval. (See Exhibit B) One reason we ask for the fair share to be waived is our family does not intend to sell the newly created lot. The newly created lot is for our children and grandchildren. The amount of$12,316.47 is a financial burden that would be placed on our family. My wife and I are retired and we are trying to do the best we can with what we have for our family. To come up with $12,316.47 is not reasonable and would create a financial hardship for us. We kindly ask you to reconsider implementing the fair share on our proposed additional one lot subdivision. Another reason why we ask for the fair share to be waived is the subdivision of this lot into only one additional lot does not have a major impact on the area. In fact, there is no significant change to the area. Our property currently has one home built on it. A portion of this part of the property is completely covered with lava and has no agriculture value. Another portion of the property has good soil and our intentions are to someday have family members construct their home on it while using the remainder of the property for small-scale agriculture use. Currently, this portion is regularly mowed to keep the grass under control. Similarities are present In 2011, our neighbors, Mr. & Mrs. Marc Butz filed an application for rezoning (REZ 11-141) from A3a zoning to FA-la, seeking the creation of one additional lot at 55 Akala Road. This matter was approved by the Planning Committee on March 8 (Exhibit C) with a recommendation to waive the "Fair Share" condition as part of the rezoning condition. On March 21 (Exhibit D), the Council approved (1St reading) the Pete Hoffmann & ComnL,..ze Members April 23, 2012 Page 2 recommendation of waiving the "Fair Share" condition as part of the rezoning for said application. On April 4, 2012, the Council approved (2nd and final reading)the recommendation of waiving the "Fair Share" condition as part of the rezoning for the Butz' application (See Exhibit E —Bill 138, Draft 3). The Butz' property is located directly across the street from our property (Exhibit F) and shares a similar application for rezoning as ours. As stated by Marc Butz (Exhibit G) in 2004, application REZ 04-017 filed by Ms. Ackerman had the fair share amount waived because she too had similarities as the Butz' application. For the similarities shared with our neighbors, Mr. & Mrs. Marc Butz, and the reasons stated above, we humbly seek your consideration to remove Condition F of "providing 15' foot wide future road widening setback"and to waive Condition M of"Fair Share" on the creation of one additional lot for our family members. Thank you for your fair consideration. Sincerely, ..,..L.:, a S-e--42-41-4,- ESLIE A. BOTELHO ,, I, Ii BE N BOTEL • c: Amy Miwa Laura Murashige Glynis Yamada Attachments. DEPARTMENT OF PUBLIC WORKS-:: COUNTY OF HAWAII HILO, HAWAII DATE: February 1, 2016 11/ adaat TO: Duane Kanuha, Planning Director FROM: Department of Public Works, Engineering Division SUBJECT: CHANGE OF ZONE APPLICATION (REZ 16-000200) Applicant: Francis H. Rodillas and Martha A. Rodillas Request: FA-2a to FA-la Tax Map Key: 2-5-40: 042 We have reviewed the subject application forwarded by your memo dated January 11, 2016 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. Akala Road is owned and maintained by the County of Hawaii and is classified as a collector street according to the Zoning Map. It has an existing right-of-way width of 30 feet with a 15 ft. wide future road widening fronting the subject parcel. Questions may be referred to Kelly Gomes at ext. 8327. Planning ep Exhibit E: r-tt-: - ",2 . '1." ) County of Hawaii is an Equal Opportunity Prop ider and Employer iiW rA Rs"V O It • !Q CA 19 19 i DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII .oyrr 0-'' 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAI'I 96720 TELEPHONE (808) 961-8050 • FAX (808) 961-8657 February 9,2016 TO: Mr. Duane Kanuha, Director O Planning Department Z FROM: Keith K. Okamoto, Manager-Chief Engineer C',_ SUBJECT: Change of Zone Application (REZ 16-000200) r V Applicant—Francis H. and Martha A.Rodillas -z Request: FA-2a to FA-la —� Tax Map Key 2-5-040:042 We have reviewed the subject application and have the following comments and conditions. Please be informed that the subject parcel is served by an existing 5/8-inch meter, which is limited to an average daily usage of 400 gallons and suitable for only one single-family dwelling. Water can be made available from the end of an existing 6-inch waterline within Akala Road fronting the subject parcel, in accordance with the Department's existing water availability conditions,which are subject to change without notice. Therefore,pursuant to Rule 5 of the Department's Rules and Regulations, a copy of which is being forwarded to the applicant, a water commitment may be issued. Based on the additional unit of water requested in the proposed 2-lot development,the required water commitment deposit is$150.00. Remittance by the applicant of the deposit 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 1441 other words,unless a water commitment is officially effected, water availability is subject to change without notice,depending on the water situation. to For the applicant's information, final subdivision approval will be subject to compliance with the following requirements: C • to 1. Construct necessary water system improvements,which shall include,but not be limited to: a. water mains capable of delivering water at adequate pressure and volume under peak-flow and fire-flow conditions; minimum diameter of mains shall be 6-inches, from the end of the existing 6-inch waterline, extending approximately 95 lineal feet along Akala Road, . . .Water, Our Most Precious resource . xa Wai pane. . . 10 3 5 7 Tha flanartmnnt n(Wntar Cunnty le nn Cni.at llnnn#.mlh,nrmddnr and mmntnvar Mr. Duane Kanuha Page 2 February 9, 2016 b. a service lateral that will accommodate a 518-inch meter to the additional lot, c. fire hydrants spaced no more than 600 feet apart and within 300 feet of the driveway or • access for each lot, and d. 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. Construction plans,prepared by a professional engineer registered in the State of Hawai`i, showing the above improvements must be submitted for review and approval. 2. Remit the prevailing facilities charge, which is subject to change, of$5,500.00. This is due and payable upon completion of the necessary water system improvements and prior to final subdivision being granted. 3. Submit the appropriate documents, properly prepared and executed,to convey the 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. Please be informed that a portion of the proposed Lot 2-B is beyond our existing pressure zone. Therefore, an Elevation Agreement will need to be executed. The Elevation Agreement can be prepared after final subdivision approval has been granted. Should there be any questions,please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at 961-8070,extension 256. Sincerely yours, ! K. Okamoto, P. . Manager-Chief Engineer RQ:dfg copy—Mr. Francis H. and Ms. Martha A. Rodillas „ V: t��f(� it r";m _,(3 BJ Leithead Todd William P.Kenoi /vfayor - ' Director •,ij►'�- s`�a John A.Medeiros Wafter K.M.Lan or N /. Managing Director i Deputy Director uuntt of ainaC` t DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekaanao`a Street,Suite 41 • Hilo,Hawai i 96720 (808)961-8083 •Fax(808)961-8086 MEMORANDUM Date : January 12,2016 To . DUANE KANUHA,Planning Director From: BJ LEITHEAD TODD,Director V20 Subject: Change of Zone App(REZ 16-000200) Applicant: Francis IL and Martha A.Rodillas Request: FA-2a to FA-la MIK: 2-5-040:042 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 equalroom 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 pt. Exhibit r Lft f. I o a 4 4 County of Hawaii is an Equal Opportunity Provider and Employer, ittytSY William P.Kenoi :+; �f + BJ Leithead Todd Mayor --— - Director Walter K.M.Lau .447:4* ) 44aF•rs+!* John A.Medeiros Managing Director ._. Deputy Director Carty d Handl DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanao`a,Suite 41 • Hilo,Hawaii 96720 (808)961-8083 • Fax(808)961-8086 MEMORANDUM Date : February 1,2016 To : DUANE KANUHA, Planning Director From: BJ LEITHEAD TODD,Director g) /1 Subject: Change of Zone App(REZ 16-000200) Applicant: Francis H.and Martha A. Rodillas Request: FA-2a to FA-la TMK: 2-5-040:042 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: Lyle Hirota _- WASTEWATER COMMENTS: (Contact Wastewater Division for details.) (X) No comments ( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawai'i County Code. ( ) Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawaii County Code. Complete Sewer Extension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawai'i County Code. ( ) Check or line out as applicable: [ ] If required by the Director of the Department of Environmental Management("Director of DEM"), [ ]applicant shall conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. Applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require,which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief for details. ( ) Other: County of Flawai'i is an Equal Opportunity Provider and Employer. William P.Kenoi ,ql.oF � ��. Harry S.Kubojiri Mayor Police Chief ,Tt OF N►`� i Paul K.Ferreira Deputy Police Chief County of Hawai' POLICE DEPARTMENT 349 Kapi`olani Street • Hilo,Hawai`i 96720-3998 (808)935-3311 • Fax(808)961-2389 January 14, 2016 • TO : DUANE ' NUHA, ' ► A NING DIRECTOR FROM : HENR . TAVARE ., ASSISTANT POLICE CHIEF AREA n PERATIO S SUBJECT: CHANGE OF ZONE APPLICATION (REZ 16-000200) APPLICANT: FRANCIS H. AND MARTHA A. RODILLAS REQUEST: FA-2A TO FA-1A TAX MAP KEY: 2-5-040:042 Staff, upon reviewing the provided documents, does not anticipate any significant impact to traffic and/or public safety concerns. Thank you for allowing us the opportunity to comment. If you have any questions, please contact Captain Richard Sherlock, Hilo Patrol, at 961- 2214 RS:IIi 160033 Planning epte Exhibit JAN c, t 20V 10 12 . "Hawai'i County is an Equal Opportunity Provider and Employer" [V Os p4f�, William P. Kenoi moet. •: Darren J. Rosario Mayor .5-`::. 0 '' Fire Chief . v .1` ;S Renwick J. Victorino 4 ;` Deputy Fire Chief 11,,;:i4 OF•N�%�p_ �. It County of ji9aivari HAWAII FIRE DEPARTMENT 25 Aupuni Street•Suite 2501•Hilo,Hawaii 96720 (808)932-2900•Fax(808)932-2928 January 13, 2016 TO: DUANE KANUHA, PLANNING DIRECTOR FROM: DARREN J. ROSARIO, FIRE CHIEF SUBJECT: Change of Zone Application(REZ 16-000200) Applicant: Francis H. and Martha A. Rodillas Request: FA-2a to FA-la Tax Map Key:2-5-040:042 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 m may require additional safeguards including, but not limited to, additional fire appliance units, more than one type of appliance, or special systems suitable for the protection of the hazard involved. a .11.s oNM o_ C MO 18.1.1 Plans. C .— 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 ,fir— submitted to the fire department for review and approval prior to construction. J,„,Aw.4, ( , l .-;.' 0 :i; 0 8 zr k-,.'"?E9p44 •n Hawaii County is an Equal Opportunity['mauler and Employer. Duane Kanuha January 13, 2016 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 January 13, 2016 Page 3 18.2.3.1.4 When fire department access roads cannot be installed due to location on property, topography, waterways, nonnegotiable grades, or other similar conditions, the AHJ shall be authorized to require additional fire protection features. 18.2.3.2 Access to Building. 18.2.3.2.1 A fire department access road shall extend to within in 50 ft (15 m) of at least one exterior door that can be opened from the outside that provides access to the interior of the building. Exception: 1 and 2 single-family dwellings. 18.2.3.2.1.1 When buildings are protected throughout with an approved automatic sprinkler system that is installed in accordance with NFPA 13,NFPA 13D, or NFPA 13R,the distance in 18.2.3.2.1 shall be permitted to be increased to 300 feet. 18.2.3.2.2 Fire department access roads shall be provided such that any portion of the facility or any portion of an exterior wall of the first story of the building is located not more than 150 ft (46 m) from fire department access roads as measured by an approved route around the exterior of the building or facility. 18.2.3.2.2.1 When buildings are protected throughout with an approved automatic sprinkler system that is installed in accordance with NFPA 13,NFPA 13D. or NFPA 13R, the distance in 18.2.3.2.2 shall be permitted to be increased to 450 ft(137 m). 18.2.3.3 Multiple Access Roads. More than one fire department access road shall be provided when it is determined by the AHJ that access by a single road could be impaired by vehicle congestion, condition of terrain, climatic conditions, or other factors that could limit access. 18.2.3.4 Specifications. 18.2.3.4.1 Dimensions. C- 18.2.3.4.1.1 FDAR shall have an unobstructed width of not less than 20ft with an approved turn around area if the FDAR exceeds 150 feet. Exception: FDAR for one and two family dwellings shall have an unobstructed width of not less than 15 feet, with an area of not less than 20 feet wide within 150 feet of the structure being protected. An approved turn around area shall be provided if the FDAR exceeds 250 feet. C- 18.2.3.4.1.2 FDAR shall have an unobstructed vertical clearance of not less then 13ft 6 in. C- 18.2.3.4.1.2.1 Vertical clearances may be increased or reduced by the AHJ, provided such increase or reduction does not impair access by the fire apparatus, and approved signs are installed and maintained indicating such approved changes. Duane Kanuha January 13, 2016 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 January 13, 2016 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 January 13, 2016 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 January 13,2016 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 January 13, 2016 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 he 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 January 13, 2016 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. Oftt—t DARREN J. ROSARIO Fire Chief CB:ds Y iGE DAVID OFHWAR Od� ,�. _.,, _. GOVERNORDAID O.H4it'AII •• I P••• �" .'1"'iSUZAA.1 R CASE f yr• ��1r=,. ` IJ CHAIRPERSON BOARD OI LAND AND NATUR SI,RESOURCES `apd andM 'Cif _ {; k CONINISSiON ON NATER RESOURCE cc`ol agar c. `Y # �_;�,�', MANAOENIENT p ff 41 174 hvt` 1 :— _2 itit7:�a ar STATE OF HAWAII state of HO* DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DfviSION POST OFFICE BOX 621 HONOLULU.HAWAII 96809 February 4,2016 County of Hawaii Planning Department Attention: Mr. Jeff Darrow via email ii i t,1 ir;j 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Darrow: SUBJECT: Change of Zone Application(REZ 16-000200); Request: FA-2a to FA-la Applicant: Francis H and Martha A. Rodillas 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 Land Division—Hawaii District on the subject matter. Should you have any questions, please feel free to call Lydia Morikawa at 587-0410. Thank you. Sincerely, Russell Y. Tsuji Land Administrator Enclosure cc: Central Files Planning Deo, F Exhibit fi • DAVIT)Y.IGE R E F..Nq,� D. GOVERNOR OF HAWAII P SUZANNE CAE A a�f9,59.•'•q CHAIRPERSON / yi ,�•l �.,, .' BOARD()ELAND AND NATURAL RESOURCES S COMMISSION ON WATER RESOURCE } b MANAGEMENT e�`ofwaand iva, ��Il � Ir`fSEi.! STATE OF HAWAII - Stateof14V/3% DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOT.1111I.HAWAII 96109 January 14,2016 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: Russe . Tsuji,Land Administra of SUBJECT: Change of Zone Application(REZ 16-000200); Request: FA-2a to FA-la LOCATION: Hilo,Island of Hawaii; TMK: (3) 2-5-040:042 APPLICANT: Francis H. and Martha A. Rodillas Transmitted for your review and comment is information on the above-referenced application. Please submit any comments by February 3,2016. 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. (t°} We have no comments. ( ) Comments are attached. Signed: ._ ....�,., . . , Print Name: Date: _ cc: Central Files DAVID Y.IGE „.03--.",4., VIRGINIA PRESSLER,M.D. "` '9 9 ; DIRECTOR OF HEALTH GOVERNOR OF HAWAII �r yi ?`+15 .1 M 72 p1 1 r. ? _: I I 1 i .:3 STATE OF HAWAII DEPARTMENT OF HEALTH P.O.BOX 916 HiLO,!-AWAIT 96721-09".6 MEMORANDUM DATE: January 26, 2016 TO: Mr. Duane Kanuha Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief SUBJECT: Change of Zone Application(R.EZ-16-000200) Applicant: Francis H. and Martha A. Rodillas Request: FA-2a to FA-la TMK: 2-5-040:042 The Health Department found no environmental health concerns with regulatory implications in the submittals. WORD:REZ-!6-000200.eh AN 2 t` 2r. T Planning Dept, Exhibit Z.�^ i t 0 it f''r f t 1 Imata & Associates ; Inc. civil engineers ® land siirvey0rs January 27, 2016 Mr. Francis Rodillas 50 Akala Road Hilo, Hawaii 96720 Re: Elevation Verification Map TMK: 3`d Div. 2-5-40: 42 Transmitted herewith are three (3) maps verifying the 929 elevation is towards the top of proposed Lot 2-B. Both lots are within the pressure zone. Sincerely Yours, Imata & Associates, Inc. Clyde K. Matsunaga 06-25 planning De t, r P, xpp Exhibit __ 16 3 3 171 KAPIOLANI STREET HILO, HAWAII 96720 TEL(808)935-6827 FAX(808)935-3186 c'. it' .5;1,.5;1, II V_ry ett.,./,1 ) l' /21:-2. 4 , F54, \ -,"' \ . 2, ,* I,j r ! _ o_• . 6R.= - a x 7 ® 4- - SKSR „ � a S O = yo i*e";- \�'." OO C mN> s ' ^ co I" a N} N Ili Q ai N (•) a,2 3 J S— E a - " Fir " a d d ,, = �_ U 0 0 0 0 ~O L h Or p € E` a. O-` Q' C N C N W N @ R ' W d g o o c ;t % a N Y ma- C i° 13'61: _ I e tre O o •,,N G p u 6 Z O O = 1 " b t'.. f Li O 8 0 c S Ot J O�0, h € L c'£.8 Q J LN N 1" .. r .4 3 m W0 Q O --I N ';,. F, W / I 14 {i .:,,169, y I \., .4e -c , l v: ` \\-0 `[I p ewe p _ �ll �` .. A m E r //'e Iq \-- 1 �. /4/> 1 a E J`: u a � , s c� rr, `� ;'. nes a ,`\ \.: .. .--'1-1\_.\ , ,'J I/ ..' / i \ �.� 3 1�/ • • • \.Q.,. . ,31/ / 7 ; : ``yr ;�I 1 \ �:• ., \ ne 1, •` so r8 _� ovoa vivre i 1 RRodillas-REZ16-200.jwd 02/16/16 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION FRANCIS H. AND MARTHA A. RODILLAS CHANGE OF ZONE APPLICATION (REZ 16-000200) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation for a Change of Zone from a Family Agricultural-2 acre (FA-2a) to a Family Agricultural-1 acre (FA-la) zoning district for approximately 2.724 acres be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position. This favorable recommendation is based on the following findings: The applicants are requesting to change the zoning district from Family Agricultural-2 acre (FA-2a) to Family Agricultural-1 acre(FA-la) for 2.724 acres of land in order to subdivide the property into two parcels for family. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The change of zone request from a Family Agricultural—2 acre (FA-2a) to a Family Agricultural— 1 acre (FA-la) zoning district conforms to applicable goals, policies and standards of the General Plan. The FA zoning district is intended for lands within the State Land Use Agricultural District,where public services and infrastructure are appropriate to support the very low density residential needs of a rural community and where a substantial number of parcels are less than five acres in size, and where a mix of uses will not conflict with or be detrimental to existing agricultural uses in the surrounding area. -1- The Land Use Pattern Allocation Guide(LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed request conforms to the LUPAG Map, which designates the property mainly as Important Agricultural Lands. Important agricultural lands are those lands with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors. The Land Study Bureau's Detailed Land Classification System identifies the property mainly as "Existing Urban Development", with a small part identified as "C" or"Fair" for agricultural productivity on the northeastern portion of the property. The property is classified as Prime Agricultural Land by the ALISH System. A major concern in allowing a rezoning of agricultural land that creates smaller lot sizes is that this will reduce the potential use of the land for commercial agriculture by fragmenting the land into areas too small to be farmed on a commercial scale. While a few crops can be intensively cultivated on very small acreage, usually these crops have a very limited market. Reducing the size of the lots can reduce the range of potential agricultural uses and the range of market opportunities for those crops. In this particular situation, the applicants are requesting the change in zoning in order to subdivide the property into two lots with the intention of conveying the additional lot to family. Both of the newly created lots will still have the potential to be used for truck crop farming or agricultural purposes, such as pasture. All essential utilities and services are available to the property. Access to the property is from `Akala Road, which is a County owned and maintained roadway that has approximately 18 feet of pavement within a 30-foot right-of-way. The City of Hilo Zone Map identifies `Akala Road as a proposed 60-foot right-of-way, with a future 15-foot road widening setback on both sides of`Akala Road. A condition of approval was added on the previous change of zone (Ordinance 07-135) that included the property, which required the previous applicants to set aside a 15-foot future road widening setback along -2- the properties frontage with `Akala Road. This future road widening condition will carry over as part of this recommendation. County water can be made available for the proposed subdivision but will require the applicants to extend the existing 6-inch waterline within 'Akala Road approximately 95 lineal feet to front the newly created lot. Wastewater will be disposed of by individual wastewater systems meeting the requirements of the Department of Health. All other essential utilities or services are available to the property. There is no severe geological or topographical problem for the property that cannot be properly rectified or which would render the land unusable. The property is located in Zone "X", an area determined by FEMA to be located outside of the 500-year floodplain. Should this request be approved, the applicants may apply for an Additional Farm Dwelling, allowing for the construction of a second dwelling unit on each lot. The potential to allow additional dwellings may contribute to the cumulative burden on the existing infrastructure. As such, a condition is included to prohibit a second dwelling unit and a Condominium Property Regime (CPR) on each lot. The condition will require that restrictive covenants be included in the deeds of all the proposed lots for the subdivision prohibiting second dwelling units to preserve the residential/agricultural ambience of the area. Typically the County Council requires that applicants provide a fair share contribution to mitigate the potential regional impacts of their development on public facilities and services such as roads and parks. For Family Agricultural (FA) zoning, the County Council has historically required this contribution for lot sizes of one acre or less. For example, a fair share contribution would not be required for FA-2a zoning but would be required for FA-la zoning. Thus, a condition of approval will be added to require a fair share contribution for the additional lot being proposed by the applicants' future subdivision of the property. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is not situated within the Special Management Area. It is located approximately 4 miles from the nearest coastline -3- and will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources, historic resources, public access to the shoreline or mountain areas,scenic and open space preserves, coastal ecosystems,marine resources or other natural and environmental resources in the area. Thus,the proposed request and use of the property will not adversely impact those resources. It is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject property because the property was previously utilized for sugar cane cultivation and ranching. Presently, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of known valued cultural, historical or native resources in the area. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the recent Hawai`i State Supreme Court's "PASH" and"Ka Pa'akai 0 Ka Aina"decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural,historical, and natural resources and the associated traditional and customary practices of the site: Investigation of valued resources: No formal archaeological reconnaissance survey, oral history of kamaaina accounts of the area,historical survey of documentary records, or botanical study was included in the application. The valued cultural, historical, and natural resources found in the rezoning area. As the site has been previously utilized for sugar cane cultivation, it is unlikely that there are any valued cultural,historical, and natural resources to be found in the rezoning area. Possible adverse effect or impairment of valued resources: There is no evidence of any possible adverse effects or impairments will occur to any valued resources. Since the property was formerly used for sugar cane cultivation and has been disturbed in the past, it is unlikely that any archaeological or historic features exist on the property. Additionally, there is no evidence that the flora in the area are particularly desired or used for cultural practices. By letter dated November 15, 2006, the DLNR-SHPD responded that DLNR-SHPD believes that "no historic properties will be affected"by the previous rezoning action. -4- Feasible actions to protect native Hawaiian rights: As there is no evidence of any valued cultural, historical, and/or natural resources found on the site, there is no action to be taken. A condition of approval will be added for the protection of inadvertent finds should any remains of historic sites, such as rock walls,terraces, platforms,marine shell concentrations or human burials be encountered. The applicants shall be required to cease work in the immediate area and contact the Department of Land and Natural Resources— State Historic Preservation Division (DLNR-SHPD). Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. Based on the above findings, approval of the Change of Zone request from a Family Agricultural-2 acre (FA-2a) to a Family Agricultural-1 acre (FA-la) zoning district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map) is provided for your favorable consideration. Please note the proposed conditions of approval are attached to the draft bill. -5- ,1` COUNTY OF HAWAII STATE OF HAWAII arto;;igf!_: BILL NO. ORDINANCE NO. NAA/N/N4 Dor'" 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 FAMILY AGRICULTURAL—TWO ACRES (FA-2a)TO FAMILY AGRICULTURAL—ONE ACRE (FA-la) AT PONAHAWAI, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-5- 040:042. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Ponahawai, South Hilo, Hawaii, shall be Family Agricultural—One Acre(FA-1a): Beginning at the south corner of this parcel of land,being the northwest corner of Lot 1 and along the northerly side of Akala Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station"KAUMANA",being 977.03 feet North and 615.55 feet East,thence running by azimuths measured clockwise from true South: 1. 112° 20' 387.05 feet along Akala Road; 2. 137° 31' 27.04 feet along the remainder of Grant 4538 to A. MacAulton(Lot 3, Roadway); 3. 159° 26' 22.00 feet along the remainder of Grant 4538 to A. MacAulton (Lot 3, Roadway); -1- 4. 249° 26' 667.00 feet along Grant 4093 to A. MacAutlon(Lots 3-A and 3-B); 5. 345° 36' 132.58 feet along R. P. 5516, L.C. Aw. 4983 to Kukeleau(Lot A-1); 6. 55° 33' 276.39 feet along the remainder of Grant 4538 to A. MacAulton (Lot 1); 7. 22° 20' 134.18 feet along the remainder of Grant 4538 to A. MacAulton(Lot 1); 8. Thence along same on a curve to the left with a radius of 10.00 feet,the chord azimuth and distance being: 337° 20' 14.14 feet to the point of beginning and containing an area of 2.724 Acres. All as shown on the map attached hereto,marked Exhibit"A" and by reference made a part hereof SECTION 2. In accordance with Section 25-2-44,Hawaii County Code 1983 (2005 Edition), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS -2- SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -3- A-3a FAMILY AGRICULTURAL-TWO ACRES(FA-2a)TO FAMILY AGRICULTURAL-ONE ACRE(FA-1a) A-3a 2.724 ACRES cze J Q A-3a A-3a A-3a A-3a FA-la A-3a A-3a A-3a FA-la \ FA-la RS-15 \ .4 �6gn"KAMAMA RS 15 \<04\ PNPO& R5-15 RS-15 A-3a RS-15 FA-1a A-3a • R5-15 RS-15 RS-15 OPEN A-la N 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 FAMILY AGRICULTURAL -TWO ACRES (FA-2a)TO FAMILY AGRICULTURAL - ONE ACRE (FA-1a) AT PONAHAWAI, SOUTH HILO, HAWAII MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:January 8,2016 TMK:(3)2-5-040:042 Rodillas EXHIBIT "A" Mao: 1370 CRodillas-REZ16-200.jwd 02/16/16 FRANCIS H. AND MARTHA A. RODILLAS CHANGE OF ZONE APPLICATION (REZ 16-000200) CONDITIONS OF APPROVAL A. The applicants, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicants, successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawai`i Revised Statutes, relating to permissible uses within the State Land Use Agricultural District. C. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within one hundred and eighty(180) days from the effective date of this ordinance. The applicants shall construct necessary water system improvements and remit the prevailing facilities charge, as determined by the Department of Water Supply and convey these improvements to the County Water Board prior to Final Subdivision Approval. The applicants are responsible for maintaining valid water commitments to support the proposed use until such time that required water facilities charges are paid in full. D. Final Subdivision Approval for development shall be secured within five(5) years from the effective date of this ordinance. The final subdivision map shall include the 15-foot future road widening along 'Akala Road. E. Restrictive covenants in the deeds of all proposed lots shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owner of the property may also, in addition, impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. F. All new driveway connections to 'Akala Road shall conform to Chapter 22, County Streets, of the Hawai`i County Code. G. Any new construction or substantial improvements shall comply with the requirements of Chapter 27, Floodplain Management, of the Hawai`i County Code. H. The method of sewage disposal shall meet with the requirements of the State Department of Health. All development-generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. If required, a drainage study shall be prepared and submitted to the Department of Public Works and any required drainage improvements shall be constructed,meeting the approval of the Department of Public Works prior to Final Subdivision Approval. J. All earthwork activity, including grubbing and grading, shall conform to Chapter 10, Erosion and Sedimentation Control of the Hawai`i County Code. K. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources— State Historic Preservation Division(DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. L. The applicants shall make its fair share contribution to mitigate the potential regional impacts of the development with respect to parks and recreation, fire, police, solid waste disposal facilities and transportation facilities. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval. The fair share contribution for each newly created lot shall be based on the actual number of residential units developed. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance,based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a combined value of$13,506.70 per single family residential unit. The total amount shall be determined based on the actual number of units or lots created according to the calculation and payment provisions set forth in this condition. The fair share contribution per single family residential unit shall be allocated as follows: 1. $6,513.17 per single family residential unit to the County to support park and recreational improvements and facilities; 2. $314.20 per single family residential unit to the County to support police facilities; 3. $620.58 per single family residential unit to the County to support fire facilities; 4. $271.70 per single family residential unit to the County to support solid waste facilities; and 5. $5,787.06 per single family residential unit to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicants may contribute land and/or construct improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director,upon consultation with the appropriate agencies and approval of the County Council. M. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. N. The applicants, successors or assigns shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. O. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-perfoiniance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance(i.e., a condition to be performed within one year may be extended for up to one additional year). 5. If the applicants should require an additional extension of time, the Planning Department shall submit the applicants' request to the County Council for appropriate action. P. 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. ..'-'40:11:1:0 acC,. 'ma :. 1: c. '...: 4 AW4 t 3 I^\ 0 0 41111:11( N p .1 4 Z J < A-- 1:1) W CL • 0 Z = CSC o a V! • Emma Qa a' ..3 Q Z 1 W Z Nam g ,....._. 0 11.O LL 5 W Z Q I U "Ve AV9TWAII, • * . V t4! e4411 #4 40,, c , t •• # 0108Y4,4'4 k 4.4.08 :1.4'1 •ii.,,, dt, Itoitott,# 40,,t Tiktf, 4141 4111 0 3 liA tiVA ..'., cii lifilrk.t.i A Ols 0 st 100,, ,toi v10001. of k# kis 414 eft#4$ 4* ii*I vik 441 vl 1 \ I 004 •:. 4 'Or 1#4.1#40 v. it #4 III id,* ...•1 . A‘ la 40 vi, \ ot- Ait 1 iv ,,, 0 /\• iLl r It \ .__ . '1/411"aluf'' — : p,..m 11,-1',AVEllk ' 1,i41.11iiillkikltilir 1 r ..., ..,:por as N-- glum . .. En di ilif ill:ik I ill t it IN . il 11.1111 :Lon imia„, 1/1 SUM 11111 c o Liiiiinitri riA,3741611.1.ratino — ii haw imniumi •r..... a.__Awrigil ig 4—) alawirm sew OCS \1 • Won 1•11.4L........; NI illek........ U IIIll 0 0,vii\r so 00, .....1 010 St 01 SOS\0 --.omostMNgalilligllgllIl i , ., I, 2 ' Ofi A. ko •raw. 0 ri 4••.; C = 0 U _.—mos010111111111111111111111111 . . _ ;''' ! , , \4\ \ \ / \Y . .. . .. . , ...,„: I .^ ..- .' ., 1. 4 , ‘'' 11:i • 11.0 C = , 0 ymy ' ,. -,,.-..-.. .,... _. ..j...,_7.. .... . ...,..,..'.\ \a \/ i , ! , M ,.. .. . ( C , . N • ,' i fr k--,___,----------, \ \ INNIIIIIMI , \ \ \ \t. , ; a) , ....„ , .., \ ... . . - - ` - ' • - - '.,:. ,,, ir',., '''''''',; ./. ..'„,. -4. ,., 3* ...-7,._•_,.., . . ,, „, 1 \ \ 44 \ / \ ..4- 4. - -,- ., .,. . , - . - I . \ ‘..,- 1A ,/ 11/:\ .., \ / ‘;..... ..' ,..., „.. a 'c. (13 L.9 1100‘ ..,.....„,...- _ ..,.,. 0. . UMW _ ....,„ ...,.-- -, ,- mimil , , , . • i . C , .7 Xi , , 1 , „ (CS __._- .. Oan ! i .-„.... i . ., , i IIIa 1 . \ SIMMI \ \ \ e"--..,....... \ C aii) . , : \\ , . ifj kJ'�# st \\:111kit' 4 440 7 0 ,... „.„,,, ...., z ii :010 0 .., _. 1111. valliq ,,,, a_ mumai !+ nii -..,,, . L , .., ,,,, ,„ < 0 ',,,, v ‘.• N. 41111111111111111111111111011111111 Sk�CPwzt CE C [F L C t#5.Y7 F ' d t• 4......-.T. i N Q p 4-1N .4-+ II C -' a p. . . tQ p • in o = a, N •4_,0 I .Q •imamE a) on Q Q. E = oo >' a) E � . Rs L cd /1� p a) 037 � .cL cut lai CL Vo Qo ° o > c0NCo•a, 0po Claw a on L miN0 • p p a) Q N I— c..c n a'p..+ I— C •r. c ti •!� U1�r „ N a it •��� s (.1 4 y C. .:4-74 o • M•N ae 1�e q h 4 4.e a. EiE O ...0 \�. cg l' z . / U N II f0$= It iuw Y o t 1 .EA 1L 'St t 0 2 •• LI • �{((( o� 0 5 o.E�i it ELI S y 't rf !• 1 r • A (� � - L'f 1 4 ` N ii) \. Art ' --t- e ( Ma 13 I Zr 0.1 o Cl. s4 8yp Ct O_ 0 2 t„ o O 3 1 �r Irl J' z u i — O..' t'11 1 g f ,lit<i ? b C jl 0.40.13— : a Salm1 ! Gn k'•' p 0 OL M • 0 C 1 / '.- 0 Z 0 N ~O O 0 N j/ to a e E 4 71 / a S -',_ '`1/ e j U1 abaQ ootito 3 01' flon s. SA ! ti ( zi { _ U 0 t N C 14' i -' S3 J in G v. °3 i .1 0 0 0 G G Y 03 N .! O (Ivo' envy( k _ - 00 ° oo F mina Q. Q sv•F ,., , rx.. ,, , ,,„ 1..,, A- „ ,, E I 1 4 F. l6. 4, ' x a 24''''';' f Yi A 0r ,. 0 1 c a) 'J � ) ra ��r ,�! II t y '''.1.:...;.-1,•'".4.4if;# i i {4 X P aya .�- t `'.;,.,-.5."4f-''' smtq k t s �3-V • w rg wa 4 .' Q O + W 4 w.diiiiiiii..., 1—$1,7 ,,,,,,,,„„ ..,,,,,, a . « ', *, ? 4 1 i' s s,x° i„, ,,.. , . ' . .,t .. FTd' n x k t?,,r 0 0 i a.. , .,,,,,,„,2 ,. ,), . 4 ffi t Y`� -f r k • tib • - t' e >i \ � T t• • 1 t' • R n .n t .a f 1 ,f k t i it '18-;,t,...44, si 7';''"..T. '-'11:: , # t o_. r r r- " hi-- � .,.T. Pte, in 0 'iiiK � o •I ' • C 4-3 O -1-13 (13 c...) a) -TO ...c I o 0,0) o En317C0 E a.) •ram0 0 e4 C 0,) a) c13 CSC co 0.. rcs4 1 4 I WINDWARD PLANNING COMMISSION COUNTY OF HAWAI`I HEARING TRANSCRIPT MARCH 3, 2016 A regularly advertised hearing on the application of FRANCIS H. AND MARTHA A. RODILLAS (REZ 16-200) was called to order at 9:40 a.m. in the County of Hawaii Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai`i with Chairman Charles Heaukulani presiding. COMMISSIONERS PRESENT: Charles Heaukulani, Donn Dela Cruz, Gregory Henkel, Donald Ikeda, Myles Miyasato, and Raylene Moses. ALSO PRESENT: Duane Kanuha (Planning Director), William Brilhante (Assistant Corporation Counsel), 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 10 people from the public in attendance. APPLICANTS: FRANCIS H. AND MARTHA A. RODILLAS (REZ 16-200) Application for a Change of Zone from a Family Agricultural-2 acres (FA-2a) to a Family Agricultural-1 acre(FA-1a) zoning district for 2.724 acres of land. The property is located along the northeast side of`Akala Road, approximately 320 feet from the `Akala Road— Kaumana Drive intersection, Ponahawai, South Hilo, Hawai`i, TMK: 2-5-040:042. HEAUKULANI: We're going to move to number three on the agenda, Applicants Francis H. and Martha A. Rodillas. That's REZ 16-200, and Jeff, if you could bring us up to speed on this one, please. DARROW: Sure, thank you, Mr. Chairman. If I can direct your attention to our presentation. As mentioned, our next Applicant is Francis H. and Martha A. Rodillas. They're requesting a Change of Zone. The area of the subject application is within the South Hilo District. More specifically, we're looking in the Kaumana area. The subject property is identified with a black outline, and this would be off Kaumana Road and `Akala Road. We'll zoom in a little closer here. We have the subject property identified with a black line, black outline. Again, this is on 'Akala Road. You'll notice that there are different colors of, on the map that represent the different colors of zoning. The majority of the map is identified with a light blue that is represented [sic] of Agricultural—3 acres. The darker blue and the little darker shade of blue both represent Family Agricultural. The lower portions are Family Agricultural— 1 acre, and the subject application is Family 1 Agricultural–2 acres. We have some residential running along the roadway, and the lighter green on the bottom represents Agricultural– 1 acre. This is our State Land Use Boundary Map for the area. A majority of the area is represented by Agricultural State Land Use Boundary Amendment zoning. The pink, again,represents Urban along the main roadway in the area. This is our General Plan Land Use Pattern Allocation Guide Map. The subject property is identified as Important Agricultural land. The yellow represents Low Density Urban, and we have a little bit of Rural on the bottom portion of the map. Here is our aerial photo of the area. Again, for reference, we have `Akala Road running in a north-south direction. The subject property is identified with a red outline, and currently, there is a single family dwelling that is constructed on the property. The Applicants are requesting a Change of Zone from Family Agricultural–2 acres to a Family Agricultural– 1 acre zoning district for 2.724 acres of land. The reason for the request is to allow the Applicants to subdivide the property into one—two 1+-acre parcels that will then be conveyed to their family members. This is the Applicants' proposed subdivision that was submitted with the application. It identifies the subject property, and then identifies the proposed two lots that will be subdivided if approved. Here are some site photos. This is looking mauka on `Akala Road with the subject property on the right. This is the lower portion of the property, and this is a little higher up with the existing single family dwelling. You can see that there is drainage improvements that are done along the roadway. This is looking makai with, again, the subject property on the left side with the existing single family dwelling and 'Akala Road. It's a little further down. The Planning Director is recommending that the Planning Commission send a favorable recommendation to the Hawaii County Council for this Change of Zone application. Since the Background and Recommendation was distributed to the Commission, we have received one letter from the Department of Water Supply which has been handed out to the Commission, and it speaks to the water commitment that has been paid for the subject application. With that, that concludes our presentation. Thank you. HEAUKULANI: Thank you, Jeff Commissioners, any questions for staff? None. Could the Applicants please come forward? Good morning. RODILLAS, M.: Good morning. HEAUKULANI: Good morning. 2 RODILLAS, F.: Good morning. HEAUKULANI: Could I get you both to raise your right hands, please? And, do you both swear or affirm to tell the truth on this matter now before the Planning Commission? RODILLAS, M.: Yes, I do. RODILLAS, F.: Yes. HEAUKULANI: All right, please state your names, tell us where you reside, and let us know what's on your mind. RODILLAS, F.: Go ahead. RODILLAS, M.: Good morning. My name is Martha Rodillas. HEAUKULANI: Good morning. RODILLAS, M.: And, I am the Co-Applicant, along with my husband, Francis, and we're here to ask your approval for our rezoning application, but before I move on, I'd just like the record to reflect that I do work with Danny Patel at the Corporation Counsel's office— HEAUKULANI: —We're not going to hold that against you, though. RODILLAS, M.: Thank you. And, I am officially on vacation, and I have been—I have not allowed to see any of the files that Danny may have regarding our case, so there is,just wanted to let you know about that. HEAUKULANI: Thank you very much. Appreciate it. RODILLAS, M.: Okay, thanks. RODILLAS, F.: Good morning. My name is Francis Rodillas. I am also Co-Applicant with my wife, Martha. HEAUKULANI: Good morning, sir. Do either of you have additional information you want to share with us? RODILLAS, M.: Not really, but I just have a question `cause I'm not too familiar and maybe you can, you know,just answer my question. I had a question about the 15-foot setback. Does this body here have the authority to either recommend that or, you know, put it in or take it out? `Cause I notice that, that was listed—what condition was that? Let me see. As Condition D— was it Condition D? RODILLAS, F.: Condition D. 3 RODILLAS, M.: Yeah, Condition D says that the final subdivision map shall include the 15-foot future road widening. Does this body here have the authority to either leave that in or take that out or do we discuss that at the Council level? HEAUKULANI: Jeff? DARROW: The Planning Commission can make a recommendation,but the final authority comes from the County Council. In regards to this, it's our understanding that with the previous rezoning that occurred, that was a requirement and a part of the subdivision that occurred, the 15- foot future road widening setback was already placed upon that subdivision. Correct? Which is already identified on the current subdivision map for this property. So, we're just asking that it be, with this new subdivision that occurs, that it remains. RODILLAS, M.: Okay, `cause I don't, maybe I'm looking at the wrong document,but Ordinance 13-38 does not include the 15-foot setback which is the property right next door. DARROW: Okay, that, I think was your— RODILLAS, M.: —I'm confused— DARROW: —your family. RODILLAS, M.: Yeah. DARROW: But, for yours, the first one, zero seven, let's see which— RODILLAS,M.: —Yeah, it was included and then— DARROW: —Right— RODILLAS, M.: —when they subdivided, they took it out. So now, are we putting it back in again? DARROW: No, when they subdivided the lower property, they, I think they asked to take it out. RODILLAS, M.: Okay. DARROW: So, again, I guess that could be a consideration at this time— RODILLAS, M.: —Okay— DARROW: —to take it out for the upper one. RODILLAS, M.: Yeah, that, that's—that's what we'd like to ask. Okay. 4 RODILLAS, F.: Yeah, we also are aware that the property directly across was also subdivided in the near, near past, and they were also allowed to take that 15-foot out, and I think it has to do a lot with the,the road itself. I mean, the road extends probably a 1,000 feet past our property as County roadway,runs into a private roadway that runs into a dead end. And,for future development of that road, our property probably being the last property there that would qualify for this request of zoning, I just don't see any future widening of this road to accommodate the, the amount of people that would be living on this road, and the fact that it's not a roadway that runs completely through to Waianuenue, would be a thoroughfare for everybody to use. It's a road that services just the people there, and `Akolea Road which is directly above us, does provide this thoroughfare to go to Waianuenue. And, I think if anything would happen in the future, it would be improvement of`Akolea Road, and not `Akala Road. HEAUKULANI: Anything else, Jeff? DARROW: No, a— RODILLAS, F.: —I guess that at this level we're just asking that you would give us a favorable recommendation that this 15-foot, 15,000-square foot [sic], 15-foot setback be removed from the final application and subdivision, and then we would also, again,point out that the two subdivisions that were done directly across us and directly makai of us were already granted this request. And, it kind of seems foolish to leave us there because then that would make the road run zig zag I guess, you want to say if they ever did that or they would then have to take back what they already gave other people. I just don't see this road being widened in the, in the future. HEAUKULANI: Okay, let me just make sure that I'm clear and the record is equally clear. You have received the Planning Director's Background Report and Recommendations. RODILLAS, F.: Yes. HEAUKULANI: And, you are in agreement with all of the proposed recommendations except— RODILLAS, F.: —Yes. RODILLAS, M.: Except we are asking that Condition D be removed. HEAUKULANI: Condition? RODILLAS, M.: D. HEAUKULANI: D as in dog? RODILLAS, M.: Yeah, which states final subdivision approval for the development shall be secured within five years—oh, I'm sorry, not that part,but the second sentence. The final subdivision map shall include the 15-foot future road widening along `Akala Road. We're just asking that the second sentence be removed. 5 HEAUKULANI: Okay, so except for the second sentence in proposed Condition of Approval D as in dog, you're—you're okay with everything else? RODILLAS, M.: Yes, that's correct. RODILLAS, F.: Yes, and for information, we saw the requirements that are put forward by the Depaitnient of Water Supply, and we're able to meet those requirements. HEAUKULANI: Fair enough. Daryn? ARAI: Just a brief statement just to provide proper context to all of this. As you may well be aware, when we craft, when the Planning Director crafts his recommendation on any particular matter, we try to do it and/or accomplish it in a manner consistent with plans, policies, and standards established by the County. In this particular area, `Akala Road is 30 feet wide, the right-of-way. That is substandard. The minimum right-of-way for an agricultural roadway is 50 feet, five-zero, and `Akala Road as currently designated on the General Plan and on the, I believe,the City of Hilo District Zone Map, as a collector road because it's intended to connect—connect all the way up to—I just lost— DELA CRUZ: `Akolea. ARAI: `Akolea Road. No, I'm sorry, not 'Akolea Road— RODILLAS, M.: Waianuenue. ARAI: I just lost the name of the road that does the loop—I'm sorry, and I live in Hilo. Go figure. Anyway,but it is intended to be a collector street. A collector street by County standards is minimum 60 feet of width, six-zero. So, with these designations in place, we are compelled to apply the applicable standards whenever a Change of Zone request comes in,keeping in mind that the Applicant is requesting the privilege of a Change of Zone that will allow for further subdivision in this particular area. So, it is simply a recommendation based on the standards that we, as a department, are compelled to look at and apply,but ultimately because it now rests with the Planning Commission, ultimately with the final decision by the County Council, each body can make its own determination as to what they deem to be appropriate and in compliance with the rules and regulations for a Change of Zone. HEAUKULANI: Thank you, Daryn. Commissioners, any questions for either the Applicants or staff? Hearing none, thank you. Again, we have no one from the public signed up to testify on this matter. Is there anyone here that would like to be heard on this matter on our agenda? 6 Seeing none, Commissioners, I'll take a motion to close the public testimony portion of this matter. MOSES: I make a motion to close public testimony. HEAUKULANI: Commissioner Moses, thank you. IKEDA: I'll second. HEAUKULANI: I'm sorry, Commissioner Ikeda? We've got a motion to close public testimony by Commissioner Moses; a second by [Commissioner] Ikeda. Any discussion? None? All those in favor, signify by saying aye. COMMISSIONERS: Aye. HEAUKULANI: Opposed? None. The motion to close public testimony carries. Commissioners, I'd entertain a motion for action on this one. 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 16-200 based on the Planning Director's recommendation, findings, and proposed conditions which shall be adopted. HEAUKULANI: Thank you, Commissioner Ikeda. DELA CRUZ: Second. HEAUKULANI: Second by Commissioner Dela Cruz. Thank you. Staff, if you would roll call the vote and restate the motion in the process. DARROW: Thank you, Mr. Chairman. The motion before us is to send a favorable recommendation for the Change of Zone REZ 16-200 to the County Council as recommended by the Planning Director. 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. 7 DARROW: Commissioner Moses? MOSES: I'd like to—I would like to approve with the Applicants' request to take out the second sentence in Condition D. PATEL: So, then you're—that's a no vote then you're saying. MOSES: That's a no vote if that's the proposed— DARROW: And, Mr. Chairman. HEAUKULANI: Aye. DARROW: The motion passes five to one. HEAUKULANI: Thank you. You'll be notified of the Commission's decision in writing. The discussion ended at 9:57 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission 8