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HomeMy WebLinkAboutCOM 0560.000 2016-2018 ..oJNty of..' Wil Okabe " ����% ? Managing Director Harry Kim �•�� • Mayo,- =_ Barbara J.Kossow • .4;1401 �� ° 1P-s-- Deputy Managing Director ,TB OFN'� 'C : COUltc Off r >if it i Alavor 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 T-- (808)323-4444 • Fax(808)323-4440 October 19, 2017 • Valerie T. Poindexter, Council Chair and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chair Poindexter and Members: SUBJECT: Change of Zone Application (REZ 17-000222) Request: A-la to RS-20 Applicant: Kathleen L. Brilhante Tax Map Key: 6-5-004:049 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 Leeward Planning Commission's letter and enclosures regarding the above-referenced request. Sincer- ; , HA!'RY KIM Mayor MTransCounc i lB rilhanteREZ 17-222 Enclosures Comm. No. c(00 cc: Planning Department Ref. To: 4t'1 tI -7$� Ref. Date OCT 2 5 2011 County of Hawai`i is an Equal Opportunity Provider and Employer. .oJNtY OF N,� Harry Kim = •' w%, Keith F.Unger, Chair Mayor i s �,,1;�`��� Collin Kaholo,Vice Chair _ ' '` Nancy Carr Smith Scott Church Perry Kealoha Barbara Nobriga OliverSonny"Shimaoka County of Hawaii LEEWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720 Phone(808)961-8288 • Fax(808)961-8742 OCT 19 2017 Valerie T. Poindexter, Council Chair and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chair Poindexter and Council Members: SUBJECT: Change of Zone Application (REZ 17-000222) Applicant: Kathleen L. Brilhante Request: A-la to RS-20 Tax Map Key: 6-5-004:049 The Leeward Planning Commission, at its duly held public hearing on September 25, 2017, recommended for your approval the proposed legislative bill for a Change of Zone from an Agricultural— 1 acre (A-1a) to a Single Family Residential—20,000 square feet (RS-20) zoning district for approximately 50,791 square feet of land. The property is located on 65-1102 Hoku`ula Road, north of the Spencer Road-Hoku`ula Road junction, Waimea Homesteads, South Kohala, Hawai`i. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicant requests a change of zone from Agricultural—*1 acre (A-1a) to Single-Family Residential - 20,000 square feet (RS-20) for a 1.166-acre (50,791-square foot)parcel in order to create a 2-lot subdivision. Upon subdivision, the applicant will continue to live in their current residence and a new, approximately 22,137- square foot lot will be conveyed to a member of the applicant's family to build a residence. Hawai`i County is an Equal Opportunity Provider and Employer Valerie T. Poindexter, Council Chair and Members of the County Council Page 2 In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The Change of Zone Application from an Agricultural (A-la) to Single- Family Residential (RS-20) zoned district will conform to goals, policies and standards of the General Plan Economic and Land Use Elements and the South • Kohala Community Development Plan (CDP). The proposed Change of Zone will conform to, among others, the goals, policies and standards of the Land Use and Economic Elements of the General Plan: Land Use • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. • Allocate appropriate requested zoning in accordance with the existing or projected needs of the neighborhood, community, region and County. • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access and public need. Land Use—Single Family Residential • To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers that takes natural beauty into consideration. • To ensure compatible uses within and adjacent to single-family residential zoned areas. Valerie T. Poindexter, Council Chair and Members of the County Council Page 3 Economic • Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. • Economic development and improvement shall be in balance with the physical, social and cultural environments of the island of Hawai`i. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The requested change of zone conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The property is designated Low Density Urban, which includes residential uses with overall densities of up to six units per acre, ancillary community and public uses, and neighborhood and convenience-type commercial uses. The maximum number of lots and dwellings that could be developed on the minimum 20,000-square foot property in the RS-20 zoning district would be one (1) lot and two (2) dwelling units (one single-family dwelling and one ohana dwelling per lot). This is well below the maximum residential density of six units per acre allowed within areas designated Low Density Urban in the General Plan. Valerie T. Poindexter, Council Chair and Members of the County Council Page 4 On the Agricultural Lands of Importance to the State of Hawaii (ALISH) map, a sliver of the northeastern portion of the property is identified as "Prime Agricultural Land"while the remainder of the subject property is identified as "Unclassified". The Land Study Bureau's Detailed Land Classification System map, which determines productivity ratings of agricultural lands, shows that the southeast portion following the longest length of the property line to the northeastern property boundary line is classified as "C" or"Fair" for agricultural soil productivity. This is the property line adjacent to TMK: (3)6-5-001:020. The remainder of the subject property is classified as existing urban development. The property is located in close proximity to the Waimea town center in an area that has historically been used for cattle grazing but more recently has transitioned to residential use. Immediately surrounding properties are zoned A-1 a and consist of lots ranging in size from 1 to 3 acres, which contain residences. Few, if any, of the lots in the surrounding area are being used for commercial agriculture. Due to its close proximity to the town center and availability of utilities and services it is likely that this neighborhood will continue to transition to smaller lots for residential uses. The State Land Use designation for the subject property is Urban. The proposed change of zone would complement the existing land uses in this area and will provide for an orderly development of the area. The proposed change of zone is consistent with the General Plan designation for the area. The change of zone is also consistent with the South Kohala Community Development Plan's `Responsible Growth' policy by moderating the pace of growth and change in Waimea. To achieve this policy, the CDP allows for small- scale rezonings of 4 lots or less that may assist families in allowing their children to obtain individual properties. As an alternative to applying for a change of zone with the current zoning, land size and meeting other infrastructure requirements from reviewing agencies, the owner could build a second dwelling (called an `ohana dwelling) on the lot. However, the applicant could not further subdivide the subject property to convey that land area. To convey a portion of the existing subject property to a family member, the applicant had to apply for a change of zone. Given the existing substandard road conditions and to prevent further exasperating the existing infrastructure, a condition will be included in this change of zone ordinance to prohibit a second dwelling (`ohana) unit and/or a Condominium Property Regime (CPR) on each lot. Thus, the change of zone will not increase the potential number of dwellings beyond what the current zoning provides but would give the owner the option of subdividing into two (2) lots to convey Valerie T. Poindexter, Council Chair and Members of the County Council Page 5 the potential second dwelling to a family member while the applicant retains her residence on the other resulting lot. The Planning Director supports this rezoning request to allow a two-lot subdivision with one (1) home on each resulting lot. The County Council adopted concurrency requirements for water, roads and civil defense sirens. The Department of Water Supply has indicated that County water is available. A traffic study is required whenever a proposed development will generate over 50 peak hour trips. Based on the request, a Traffic Impact Analysis Report is not required. The nearest siren is located at the Waimea Park. As the subject property is located over eight (8) miles from the nearest coastline, situated at about the 2,770-foot elevation and proposes one (1) additional lot subdivision, the project does not meet the criteria requiring additional civil defense sirens. All utilities and services are available to the site. Access to the subject property is from Hoku`ula Road, which is a County roadway. There is a 5-foot wide future road widening setback from the property line adjacent to Hoku`ula Road. Spencer Road is substandard,based on pavement width. If approved, access to the new parcel will be over a proposed electrical and utility easement, which will affect the new parcel and be in favor of the existing lot. County water is available to the property from an 8-inch waterline within Hoku`ula Road fronting the subject property. There is a 1-inch water meter that serves the existing parcel, which is limited to an average daily usage of 800 gallons. Based on the one (1) additional lot requested in the proposed 2-lot development, the applicant will need to remit the required water commitment deposit, install an additional water meter to serve the new proposed lot, submit service lateral installation plans prepared by a professional engineer or surveyor who is licensed and registered in the State of Hawai`i and remit the prevailing facilities charge(s). These requirements will be added as conditions of approval. There are no severe geological or topographical problems for the subject property that cannot be properly addressed 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. County sewer service is not available in the area. The proposed lot will utilize an individual wastewater treatment system meeting with the approval of the Department of Health. Solid waste will be disposed of at appropriate sites designated by the Department of Environmental Management. All development-generated storm runoff Valerie T. Poindexter, Council Chair and Members of the County Council Page 6 will be disposed of on site and not allowed onto adjacent properties or roadways. Police, fire, and emergency services are available nearby in Waimea. All essential utilities, such as electricity and telephone services, are available to the project site. Fair share contributions are paid to mitigate or reduce the impacts of newly created lots or residential units on regional infrastructure such as roads, parks, and fire and police services. Currently there is one dwelling on the applicant's 1.166-acre parcel. Should the RS-20 zoning be approved, the applicant could only create one (1) additional lot. The applicant's proposed zoning request will not create additional lots beyond what the current zoning allows. A condition will be made to address the fair share requirements for the one (1) additional lot proposed. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. ,The subject property is not situated within the County's Special Management Area and is located over eight (8) miles from the nearest coastline and will not be impacted by coastal hazard or 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 subject 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 used for cattle grazing and had been formerly bulldozed and cleared. 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 kama`aina accounts of the area, historical survey of documentary records, or botanical study was included in the application. • Valerie T. Poindexter, Council Chair and Members of the County Council Page 7 The valued cultural, historical, and natural resources found in the rezoning area: As the site has been previously utilized for cattle grazing, it is unlikely that there are any valued cultural, historical, and natural resources to be found in the rezoning area. The applicant has not submitted a formal archaeological survey but has indicated that the subject property had been formerly bulldozed and cleared. Aerial photographs of the subject property do show previous land disturbance. The applicant further stated that in the event any inadvertent discoveries are made during any land disturbance activity related to this project, work will cease and the applicant will immediately notify the Planning Department and the State DLNR-SHPD and secure clearances before proceeding. 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 cattle grazing 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. Feasible actions torotect 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 applicant 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. Lastly, this approval is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the approved use, prior to its commencement or establishment upon the subject properties. Additional governmental requirements may include, but are not limited to, the issuance of building permits, the installation of approved wastewater disposal systems, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act(ADA), among many others. Compliance with all Valerie T. Poindexter, Council Chair and Members of the County Council Page 8 applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the above findings, approval of this change of zone request from an Agricultural 1-acre (A-la) to a Single-Family Residential-20,000 square foot (RS-20) zoned district would result in an appropriate land use pattern that will further benefit the general public. The accompanying draft bill to amend Section 25-8-11 (Lalamilo-Pu`ukapu Zone Map), Chapter 25 (Zoning Code) of the Hawai`i County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. 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. Sincerely, &ft_ ?avec, Collin Kaholo, Vice Chair Leeward Planning Commission LBrilhanteREZ 17-2221pc2 Enclosures cc: Zendo Kern, Planning Consultant Kathleen L. Brilhante Department of Public Works Department of Water Supply Department of Land &Natural Resources-HPD Amy Self, Esq., Corporation Counsel BB ri lhanteREZ.shw-c rk 09/06/2017 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT KATHLEEN L.BRILHANTE CHANGE OF ZONE APPLICATION (REZ 17-222) KATHLEEN L. BRILHANTE has submitted an application for a Change of Zone from an Agricultural-1 acre (A-1a) to a Single Family Residential-20,000 square feet (RS-20) Zoning district for approximately 50,791 square feet of land. The property is located at 65-1102 Hoku`ula Road, north of the Spencer Road-Held 'ula Road junction, Waimea Homesteads, South Kohala, Hawai`i, TMK: 6-5-004:049. PROPOSED ACTION 1. Applicant's Request: The applicant is requesting to change the zoning district from A-la to RS-20 for a 1.166-acre parcel in order to create a 2-lot subdivision. Upon subdivision, one of the resulting lots will be conveyed to a member of the applicant's family to build a residence. The applicant intends to continue living in the existing permitted dwelling located on the subject property. According to the Zoning Code, the purpose of the Single-Family Residential district is to provide for low and medium density residential uses in areas having facilities. Requirements for establishing a land use in the RS district, including a list of the variety of permitted land uses, are shown in Section 25-5-1 through 8 of the Zoning Code. ;(Planning Department Exhibit 1- Zoning Code Requirements for Single-Family Residential Districts) 2. Reason for the Request: The purpose of the request is to allow the creation of an approximately 22,137 square foot parcel that will be conveyed to a member of the applicant's family. Access to the new parcel is proposed via an electrical and utility easement from Hoku`ula Road. The proposed;second lot will be situated in what is currently the backyard of the applicant's residence and is currently vacant of any use, although it was used intermittently for grazing purposes in the past. (P.D. Exhibit 2 - Change of Zone Application) 3. Landowner: Kathleen L. Brilhante Trust -1- STATE AND COUNTY PLANS 4. State Land Use Designation: Urban. 5. General Plan LUPAG Map: Low Density Urban. This designation allows residential uses (up to six units per acre), with ancillary community and public uses, and neighborhood and convenience-type commercial uses. 6. County Zoning: Agricultural district with a minimum building site of one acre (A-1a). The Agricultural zoning district provides for agricultural and very low density agriculturally-based residential use, encompassing rural areas of good to marginal agricultural and grazing land, forest land, game habitats, and areas where urbanization is not found to be appropriate. 7. South Kohala Community Development Plan (CDP): The property is located in close proximity to the Waimea Town Center in an area identified in the South Kohala CDP as existing urban development. The South Kohala CDP was adopted by the Hawai`i County Council, Ordinance 08 159, on November 20, 2008. 8. Chapter 205A, HRS, Coastal Zone Management Program: The entire State of Hawai`i lies within the Coastal Zone Management (CZM) area. The intent of the Coastal Zone Management Program is to guide and regulate public and private uses in the CZM area with respect to recreational resources, historic resources, public access to shoreline, scenic and open space resources, coastal ecosystems, marine resources, economic uses, coastal hazards, managing development, public participation and beach protection. 9. Special Management Area (SMA): The subject property is not situated within the County's Special Management Area and is located over eight (8) miles from the nearest coastline. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 10. Subject Property: The subject property is approximately 1.166 acres in land size, is rectangular in shape and is situated at about the 2,770-foot elevation level. The property slopes down towards Hoku`ula Road. However, the property is positioned on an embankment higher than the roadway. The property is improved with a permitted single- family dwelling built in 1965, a carport and a moveable greenhouse. There have been numerous Building Permits over the years for additions and alterations to the existing -2- dwelling. Each of the permits has received a final inspection by a Building Division Inspector. 11. Surrounding Zoning and Land Uses: To the north, west and south, the surrounding properties are zoned A-1 a and consist of lots ranging in size from 1 to 3 acres, most of which contain residences. The adjacent property to the east is a large agricultural lot, zoned A-400a, owned by the State of Hawai`i and leased to Parker Ranch Inc., which was rezoned in 2007 from A-40a and A-1 a to the current A-400a, under Change of Zone Ordinance No. 07 112. The most recent rezone in the area was in 2015 when a 0.813-acre property located about 444 feet to the east of the subject property was rezoned from A-1 a to RS-20 in 2015. 12. Agricultural Lands of Importance to the State of Hawaii (ALISH): A sliver of the northeastern portion of the property is identified as "Prime Agricultural Land" while the remainder of the subject property is identified as "Unclassified". 13. Land Study Bureau's Detailed Land Classification System: The southeast portion following the longest length of the property line to the northeastern property boundary line is classified as "C" or "Fair" for agricultural soil productivity. This is the property line adjacent to TMK: (3)6-5-001:020. The remainder of the subject property is classified as existing urban development. 14. U.S.D.A. Soil Survey: Palapalai silt loam series (PLC); permeability is moderately rapid, runoff is slow and the erosion hazard is slight. Roots can penetrate to a depth of 4 or 5 feet. This soil type is used for pasture. Maile medial silt loam series (MLD), 6 to 20 percent; permeability is moderately rapid, runoff is slow and the erosion hazard is slight. This soil type is used for pasture and woodland. 15. Flood Zone: The property is located in Zone X, an area determined by FEMA to be outside the 500-year flood plain. 16. Flora/Fauna Resources: There was no formal flora and/or fauna study conducted for this Change of Zone request. Due to previous grading, grubbing and cattle grazing activity, it is unlikely that any threatened or endangered floral or faunal species are present on the property. -3- 17. Archaeological/Historical Resources: The applicant had sent a letter requesting for a "no effect" determination to the Department of Land and Natural Resources-State Historic Preservation Division (DLNR-SHPD) on May 5, 2017. At the time of this writing, DLNR-SHPD has not responded to the applicant's letter or the Planning Department's request for comments. The applicant has not submitted a formal archaeological survey but has indicated that the subject property had been formerly bulldozed and cleared. 18. Cultural or Native Gathering Rights: There is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of any known valued cultural,historical or native resources in the area. 19. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the subject property. 20. Scenic Resources: The subject property varies in height from a couple of feet to over eight feet above the existing paved Hoku`ula Road. Standing at the junction of Hoku`ula and Spencer Roads, the hill of Pu`u Ki rises behind the subject property and dominates the view plane. The South Kohala CDP identifies an action program intent on protecting the Pu`u (hill or cinder cones) of Waimea. The Pu`u and their associated lands are of vital importance to the health of the Waimea watershed and open space for forestry and ranching. PUBLIC UTILITIES AND SERVICES 21. Access: Access to the subject property is from Hoku`ula Road, which is a County roadway. There is a 5-foot wide future road widening setback from the property line adjacent to Hoku`ula Road. Spencer Road is substandard, based on pavement width. If approved, the proposed access to the new parcel will be over a proposed electrical and utility easement, which will affect the new parcel and be in favor of the existing lot. 22. Water: County water is available to the property from an 8-inch waterline within Hoku`ula Road fronting the subject property. There is a 1-inch water meter that serves the existing parcel, which is limited to an average daily usage of 800 gallons. Based on the one(1) additional lot requested in the proposed 2-lot development, the applicant will need to remit the required water commitment deposit, install an additional water meter to -4- serve the new proposed lot, submit service lateral installation plans prepared by a professional engineer or surveyor licensed and registered in the State of Hawai`i and remit the prevailing facilities charge(s). 23. Wastewater: County sewer service is not available in the area. The applicant will be required to install a new individual wastewater system that meets the Department of Health rules and regulations. 24. Solid Waste: The nearest solid waste transfer station is located on the dry side of Waimea Town, near Wai`aka Stream. 25. Essential Utilities and Services: Electricity and telephone services are available to the property. Police, fire and medical services are available in Waimea. 26. Concurrency Requirements: The Department of Water Supply has indicated that County water is available. A traffic study is required whenever a proposed development will generate over 50 peak hour trips. Based on the request, a Traffic Impact Analysis Report is not required. The nearest siren is located about 2,640 feet away at the Waimea Park. As the subject property is located over eight (8) miles from the nearest coastline, situated at about the 2,770-foot elevation and proposes one (1) additional lot subdivision, the project does not meet the criteria requiring additional civil defense sirens. 27. Fair Share Requirements: One (1) additional lot is proposed for single family residential use. Therefore, fair share requirements are applicable. AGENCY COMMENTS 28. Office of Housing and Community Development: P.D. Exhibit 3 —July 13, 2017 memo 29. Fire Department: P.D. Exhibit 4—July 20, 2017 memo 30. Department of Public Works: P.D. Exhibit 5—July 21, 2017 &August 21, 2017 memos 31. Department of Water Supply: P.D. Exhibit 6—July 27, 2017 memo 32. Department of Environmental Management: P.D. Exhibit 7—July 11,2017 memos 33. Police Department: P.D. Exhibit 8 July 27, 2017 memo 34. State, Department of Land and Natural Resources: P.D. Exhibit 9 -August 1, 2017 & July 20, 2017 memos • -5- 35. State, Health Department: P.D. Exhibit 10 - August 2, 2017 memo AGENCY COMMENTS - NO RESPONSE RECEIVED 36. As of thisis writing, the Planning Department rtment had not received any written comments from the State Department of Land and Natural Resources-State Historic Preservation Division, South Kohala Traffic Safety Committee, Waimea Community Association and the Real Property Tax Office. PUBLIC COMMENTS 37. 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. -6- ZONING § 25-4-68 Section 25-4-68. Grounds for approval or denial. The director shall approve an application for recognition of a de minimis structure position discrepancy unless: (a) The discrepancy is greater than the difference as allowed by the de minimis structure position discrepancy definition, or (b) The director finds that the improvement was placed with knowledge that it would violate the minimum yard or open space requirements; or (c) The improvement could be moved, or the discrepancy otherwise corrected, without significant expense, difficulty, or hardship to the applicant. (2002, ord 02-70, sec 3.) Section 25-4-69. Recognition of de minimis structure position discrepancy. If the director accepts the application for recognition of de minimis structure position discrepancy, the director shall notify the applicant in writing that the discrepancy is not a violation of the zoning code and that it may remain in place without a variance. (2002, ord 02-70, sec 3.) Section 25-4-70. Disclosure. A de minimis structure position discrepancy shall be disclosed by the owner to subsequent purchasers of the property in question. (2002, ord 02-70, sec 3.) Section 25-4-71. Appeals. The director's decision with respect to a de minimis structure position discrepancy is appealable to the board of appeals. (2002, ord 02-70, sec 3.) Article 5. Zoning District Regulations. Division 1. RS, Single-Family Residential Districts. Section 25-5-1. Purpose and applicability. The RS (single-family residential) district provides for lower or low and medium density residential use, for urban and suburban family life. It applies to areas having facilities, and to carry out the above stated purpose. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-2. Designation of RS districts. Each RS (single-family residential) district shall be designated on the zoning map by the symbol"RS" followed by a number which specifies the required minimum building site area in thousands of square feet. (1996, ord 96-160, sec 2; ratified April 6, 1999.) 25-73 Planning Dept. Exhibit § 25-5-3 HAWAII COUNTY CODE Section 25-5-3. Permitted uses. (a) The following uses shall be permitted in the RS district: (1) Adult day care homes. (2) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (3) Community buildings, as permitted under section 25-4-11. (4) Crop production. (5) Dwellings, single-family. (6) Family child care homes. (7) Group living facilities. (8) Home occupations, as permitted under section 25-4-13. (9) Meeting facilities. (10) Model homes, as permitted under section 25-4-8. (11) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. (12) Public uses and structures, as permitted under section 25-4-11. (13) Temporary real estate offices, as permitted under section 25-4-8. (14) Utility substations, as permitted under section 25-4-11. (b) In addition to those uses permitted under subsection (a) above, the following uses may be permitted in the RS district, provided that a use permit is issued for each use: (1) Bed and breakfast establishments as permitted under section 25-4-7. (2) Care homes. (3) Churches, temples and synagogues. (4) Crematoriums, funeral homes, funeral services, and mortuaries. (5) Day care centers. (6) 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. (7) Hospitals, sanitariums, old age, convalescent, nursing and rest homes. (8) Major outdoor amusement and recreation facilities. (9) Schools. (10) Telecommunication antennas and towers. (11) Yacht harbors and boating facilities. (c) Buildings and uses normally considered directly accessory to the uses permitted in this section shall also be permitted in the RS district. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2012, ord 12-28, sec 3; am 2014, ord 14-86, sec 3.) Section 25-5-4. Height limit. The height limit in the RS district shall be thirty-five feet. (1996, ord 96-160, sec 2; ratified April 6, 1999.) 25-74 ZONING § 25-5-5 Section 25-5-5. Minimum building site area. The minimum building site area in the RS district shall be seven thousand five hundred square feet. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-6. Minimum building site average width. Each building site in the RS district shall have a minimum average width of sixty feet, plus two feet for each five hundred square feet of required building site area in excess of seven thousand five hundred square feet, except that no building site shall be required to have an average width of more than one hundred fifty feet. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-7. Minimum yards. The minimum yards in the RS district shall be as follows: (1) On a building site with a required area of seven thousand five hundred square feet to and including nine thousand nine hundred ninety-nine square feet: (A) Front and rear yards, fifteen feet; and (B) Side yards, eight feet. (2) On a building site with a required area of ten thousand square feet to and including nineteen thousand nine hundred ninety-nine square feet: (A) Front and rear yards, twenty feet; and (B) Side yards, ten feet. (3) On a building site with a required area of twenty thousand square feet or more: (A) Front and rear yards, twenty-five feet; and (B) Side yards, fifteen feet. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 1997, ord 97-88, sec 1.) Section 25-5-8. Other regulations. (a) There may be more than one single-family dwelling on each building site in an RS district provided there is not less than the required minimum building site area for each dwelling. (b) One guest house, in addition to a single-family dwelling, may be located on any building site in the RS district. (c) An ohana dwelling may be located on any building site in the RS district, as permitted under article 6, division 3 of this chapter. (d) If a legal building site in the RS district has less area or average width than is required, then the yard requirements for the building site shall be the same as in the RS district having the largest requirements for which the building site can comply. (e) Exceptions to the regulations for the RS district regarding heights, building site areas, building site average widths and yards, may be approved by the commission within a planned unit development, or by the director within a cluster plan development. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 3.) 25-75 CHANGE OF ZONE APPLICATION • • COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: K!A`'1'�\e,eAN. L. IS-r1) h a Ake __.•-_ ;._., APPLICANT'S SIGNATURE: �1:. DATE: 6--c0:17 ADDRESS: !'-O_ 8o 7( i3g7 ViawW. ttk. 1 j q(7 3 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S)INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (Res.) 808- 683 ` 1 1 5-0 (Fax) LANDOWNER(S): 1/10,: `•ee,� L 1f i`\ LANDOWNER SIGNATURE(S): - --DATE: ,517- 1? LANDOWNER(S) ADDRESS: PC t3Q 1 3 A 7 �o Victiew\tter) c�� , 14.r793 REQUEST: A tat TO P S `Z® (Existing zoning) (Proposed Zoning) TAX MAP KEY: () &-5--001 .! C)9q STREET ADDRESS OF PROPERTY: 6 5 1101 AO VA.u01e, Vow v) , H, 96,743 SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: I• /6 6 .,nes AGENT: 2eificln tier f lcoin n svIA-c v\r ADDRESS: ��ZGo& 4105" f w q 6 77 TELEPHONE:(Bus.) hes- 33'),- 4734 (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: A pk COPIES: Apo\(-AKIN- Planning Dept. Exhibit • ATTACHMENT R esrlentalR ezonhg PLANN]NG DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. Ifyourrequestis approved,do you intend to subdivide the subcthnd b accordance with the approved change of zone? Ye3 ifyes,phase answerthe restofquestbn 1 and then to questIn 3. a. How m any acres ofthe requested area do you intend to subdle? 1, 1 1.6 b. Into whatbtsizes? 2q,ow 5� { c. if yourrequestis approved,appm in ately how bng afferthe date ofappmvaldo you e_pectte subm t your subdivision phns to the Planning D epartm ent forprel n haw approval? 1 Plo"NA d. D oou intend to buil houses on the new created Y newly bts? N O ifyes,phase answerthe follow ing questbns: on how m any ofthose bts? IVA Atw hataPProm ate price ran e? House i‘Vac Lots - Total App oxin ate1 T how long,aferappmvalof the subdivision,would the firsthouse be available foraccupancy? Kfht If you intend to subdivide,phase subm ha prem iary schem atic subdivision plan together with your change ofzone appltcatbn into. . 2. Ifyou have no firm plans ofsubdiviilag the sub ctarea, do you Mend to: a. S e]lorI ase the land to som eone who has Rim plans? NO b. S ellor7ease the ]and to som eone who has tentative plans? �U c. S ellorease the land ie som eone who has no plans? d. Keep its 0 e. other(please state) f, Ifyou Mend to do eithera,b,or c,please elaborate on the kid ofphns the otherparty has.P lease,also, nc1ide la youransw erappm X..in ately how soon after appmvalofyourrezoning do you e__pectto hansferthe subctland to anotherparty. 7l& alp�,eAAAN- v. t a. cov y 4Ake. ne1/4,0 C ittx.seek. lA" '11° y 3, D o rothatyourrequestand your furtherplans brthe land w fla1laviate the bcalhousing situatbn? Ye S How? J * van\ AD & me... cipp1Icek1 ' ch) by & ' t 5a'aOo - pri r-e- ► a` aim h � 14\ 1R\ hou5i1 &O 4. Are there any bugs on the sub ctarea? eS Ifso, whatkind? -r i co a►. ext i�j S)ny e -&aim y dwe J I; ij ,AJ cIA �ti► . a I i cls - whatdo you Mend to do with those bulthngs ifyour requestis approved? r4-14e. - 1 Q IGG��T W 11� (�GVAA1iA VC. 1�i S1(� ,,i e)(f�T)►1� 1iow G. pp -2- • 5. Is the sub cthnd currently being used trany �I agrl:u]aralactrr? 1 O Tfso,phase ]istthe kinds ofpmducts grown and on how m any square feetoracros ofland perpmduct, 6. To yourknowbdge,has them been any fboding and/or drainage pmbbm on the subctarea? o Ifso,phase descrbe the pmbem D o you think thatthe mads bading to the sub ctarea needs in pmvem ent k) Ifso,whatkind? Is the mad adequate fflrthe proposed tt.fc volua e orbad? ,td eqvA - 8. W hatsortofgovemm entalassistance and/orm pmvem ents �� do you feelwl7Lbe needed in the subjctarea when devebped? yes N9 a. Schools b. Roads C. S ewer 7� d. D ramage I e, poke P mtectton -3- Yes 1Lo E . F ePmtectbn 9 RecreatbnalFaciltPs K h. Pulpit Uti1 s _ other X Forthose checked Tyes,"pIase elaborate whattype orkinds of m pmvem ents and/orassistance are needed. S ' nature: Address: P . 13ai 1317 iarnue1. I- 967 '3 Te'ephone: e®i- 6a3- 1150 Date: c=1 747 6337A/50A -4- P P .Sin COUNTY ENVIRONMENTAL REPORT COUNTY REZONING REQUEST (A-la to RS-20) KATHLEEN L. BRILHANTE WAIMEA HOMESTEADS, SOUTH KOHALA, HAWAI'I TAX MAP KEY: (3) 6-5-004: 049 I. INTRODUCTION Kathleen L. Brilhante ("applicant") is requesting the rezoning of 1.166 acre parcel of land from the Agriculture (A-1a) to Residential (RS-20) district in Waimea Homesteads, South Kohala, Hawai'i. The property is located at the northeast end of Hokuula Road, approximately 2,000 feet from its intersection with Lindsey Road. The subject property is located approximately 500-feet northeast of a 2.358-acre site of which a portion was recently rezoned to the RS-20 district (REZ 14-181). (Figures 1 and 2). If approved, the applicant intends to subdivide the 1.166-acre parcel into two (2) lots, consisting of a minimum of 20,000-square feet each. At this time, the new lot is intended to be conveyed to the applicants' children. The applicant plans to continue living in the existing home located on the subject site. II. PROJECT LOCATION As noted earlier, the subject property is located at the northeast end of Hokuula Road, approximately 2,000 feet from its intersection with Lindsey Road and at the intersection of Hokuula Rd. and Spencer Road. There are a number of residences on 10,000-square feet + sized lots within the subdivision located on Spencer Road, these parcels are approximately 350- feet southeast of the subject property. A property (Robert Hind III and Margaret Hind) situated 500-feet southwest of the subject property was recently rezoned into the RS-20 district. (Figures 1 and 2). The entire property is rectangle in shape, with a paved road and connecting it to Hokuula Road and Spencer Road. III. PROJECT DESCRIPTION A. Project Concept and Components The subject site consists of 1.166-acres and has a single-family dwelling and moveable greenhouse located on the southeast side of the property or bottom portion of the property. The applicant wishes to 1 • 5 - 5 - 4 3R0.DIST. PLAT 0l \ ` _ ......... \ T . CR.I\70797 : BUT "12" �c r A+ 1/.. 'ad C) r .. .I. el Oct) 51C CD T per .0 / • 4269 AG•95�, GR las, i N ''° Cn • GR. 12903 GR.7244 I GR.7431 GR.6283 @p,- 507 Ae. Q) W - ',:r1m / .42 SJ C.wr�Ae.r9_4 0�' /�� / / A 1101 S 39 ,2 b1/ e �' � . c. } da= gym® CT-C1-.C1 $ I 62 �r.888 Aj8614 :��ao�;r.oa!A� I.r .a.GR.724 �. : 97 1 60 ' I.r9!Aa.•96 `sEc !:LL`q a1,t9 , 1 // .-4p 4'1 4� a2 i m6.�a,' r.opO Aa. I.OaI Ay r.," la,7lsl' Jh-1 1 `�� s O 'ami or ..,,,,I I I '� �0 4�0 36 al .4 •3 4�9 4p I s A // O �. f t f MONaa LA ROA : e 4r,z1 , -'r�. 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If: =CRURCN ROAD"'" =��6 I J� \ , e a¢OIe4 ( _/ I I 1 .823 .r.rr m{FR:Voae1111ml.r4? 3 rl.r6u6 I I S / �\ 14 HIGHWAY i 6 ra A,171 ...r,,r.r E A 1 01 Dropped Parcels:I.83.41,45.47,sl ,• \, Hla m HOME'. P L A 57,61.67.21.22.70,51,55,60.19. o --J ,'1 I'aN 4 I� 65,64.76•35.76,37,36,77.79.30. L. ~ O 1 -/6.1..411, KAP 0 50.57,52.46. MAMALANOA .= ® C. 4� Q V P P U U p ■ /i a /,-,az...+,;a OPPAelucel Or MACE r A l y[AD u N°,A l / 1 c 1�Q 4,�( E c. PROP[671 A66PSSY[M dN$IDN 0 AINDTOA 6 //. •''4.r",IA '% q6r S YAMAX or BRw,oCH .411 '� ��r TAX MAP ..-----------. .• J �.(7, ��..,__ •zb Owners,Ion liltee,a..m pep name% ZONE COUNTYSECTION HAWAIIPLAT - S E C. 7 PLA T 02 I ncorde`r lilts toe my OM m not b urtenl.Plwee refer to o computer and hlelor7 rhwle tar 6 5 0 4 current omen. For.WAIMEA HOMESTEADS,S.KOHALA,HAWAII FOR PROPERTY ASSESSMENT PURPOSES - SUBJECT TO CHANGE SCALE:1 IN= 200 II. PRINTED: NOTES E•semenl Nolea: tc Names al ovnera of a6ullinq per cele are lrem aroile6le Ta•Yap 1 Eaeemenl E-1 for a s ntl lil,li pur o e vlreclinq Lel N r cords. 5—A-21n lover of Lol 5—A-1,2.047 eg.IP.In avlxe. 2) ri Fealurea ae•wn hereon located 6y an oaluol survey on the grountl n c nducled in FeSruory a!201]. A o 3)A .11,e d oardieotee re lerr"" d la""rnmenl Surrey a • L Trlonqulall•n a5lallon'WEST BASE'. 4)Su6)ecl parcel located In/one'x'pet FIRM 15518601660. m Lot 5-8 Jed'. A 8 Bruce*Ronde• O N Kumove) TYK:6-5-00:0]1 p •77� Oa • 09 17P 51x1 ii4P:011 TMK: 5-0601:020 LOT 4"• NeFencer,a 5—A-2 ,'' ?' 22,137 SO. FT. 20.090 Sq.Ft.Exelueive / al 'Pole"Portion o1 Lot.. Lol eu6-A 1.': 4 floY V��Ie vYaron (0.ere) _�.:: LOT 5—A-1 LEGEND TMK:s—s-004:090 :j�!: 28,638 SO. FT. Cf.':-' �O • Noll Found . Q: 4V: \a ... �_ P .:Q" 235'09.00' 15.00' M1• N \'a f 11 Lal s-e ,, A of James Gressera , o.nera : TIM —5-0 4023 q JS'a . MAP SHOWING •oo <",,a \ p d SUBDIVISION OF LOT 5—A SL::. ,..s.4„. �'� \ /•`' Lel. BEING A PORTION OF LOT 5, BLOCK 1 '',i**,!::. li,'s oo Nenae.e�0L�a�y npal WAIMEA HOMESTEADS ' ' yam• 6 a9 TMK:6-5-01:009 BEING A PORTION OF GRANT 7708 TO W. M. S. LINDSEYs' Ni 269•5]'16' oe tr INTO LOTS 5—A-1 & 5—A-2 ]31 ti` A � 564.45 FI.Norte LOCATED IN WAIMEA, DISTRICT OF SOUTH KOHALA 1]69.oa F1.weal �'Z� COUNTY & ISLAND :: TE OF HAWAIIlhante M4ju me* Noolehu. HI 96772 P.O. Boa 1797 808 443 1174 Komuelo,HI 96743-1397 Jo o .7o .o EParo3906®gmoil.com ScT Fv.r property into two (2) lots and eventually convey the new parcel to a member of their family. The applicant resides in the existing single- family dwelling located on the subject property and plans to remain living there. If approved, the proposed lots would consist of a minimum of 20,000-square feet in size and have a road easement connecting both parcels to Hokuula Road. As proposed, the newly created lots would have access via Hokuula Road. (Figure 2) It is understood that the subdivision plan submitted herein may have to be adjusted prior to receipt of final subdivision approval to accommodate County subdivision requirements and appropriate conditions of approval. B. Project Timetable and Cost • The applicant hopes to secure County rezoning approval as soon as possible and begin the subdivision process immediately thereafter. Tentatively, plans call for having the land subdivided by the beginning to middle part of next year (2018). The estimated cost of improvements for this project should not exceed $25,000.00 based on the necessary improvements. Both parcels will be accessed via Hokuula Road, which is a County Road. One (1) additional water meter will be required to service the newly created lot, which the Department of Water Supply will make available to the applicant. IV. INSTITUTIONAL CONSIDERATIONS A. .. State Land Use The subject site is designated Urban. Based on the proposed lot size, no State Land Use Commission action is required. The County of Hawai'i can process the rezoning request. B. County General Plan The County General Plan Land Use Pattern Allocation Guide ("LUPAG") map designates the subject site as Low Density Urban. This designation allows consideration for uses that are single-family residential in character, ancillary community and public uses and • convenience type of commercial uses. 2 The proposed RS-20 subdivision resulting in two (2) lots would be consistent with the Low Density Urban designations. As such, no General Plan amendment would be required to effectuate this project. C. South Kohala Community Development Plan (SKCDP) The property is located in close proximity to the Waimea Town Center in an area identified in the SKCDP as existing urban development. D. County Zoning The County zoning of the subject property is Agriculture (A-la). Although there are a number of A-la zoned properties in this vicinity, there are also a number of residential zoned properties located within 350-feet of the site. As noted earlier, the subject property is located approximately 500-feet northeast of a 2.358-acre site of which a portion was recently rezoned to the RS-20 district. (Figure 1) If approved, the site would be subdivided in a manner generally meeting with both the Zoning and Subdivision Codes. Notwithstanding the subdivision requirements, all uses and standards consistent with the requested RS-20 zone would be adhered to. E. Relationship to SMA Objectives and Policies The site is not located within the County Special Management Area (SMA). No SMA Use Permit is required. However, as the entire island falls within the Coastal Zone Management (CZM) Area, a discussion of the request's relationship to the CZM Program follows. The site is not adjacent to the ocean. It is more than five (5) miles from the shoreline. As such, the proposed action should not have any adverse impacts on the area's coastal recreational and marine resources nor have any impacts on beach protection. The likelihood of this improvement having any impacts to the area's historic resources is not high. The site was previously bulldozed by the applicant and/or its predecessor for residential use. In the event any archaeological features are found during any earth disturbance activity, work will stop within the affected area and appropriate clearances from the State DLNR-HPD and County Planning Department will be secured before work resumes. If needed, an archaeological monitoring program can be instituted during any land clearing activity. 3 • The proposed action will eventually involve the construction of improvements (particularly a dwelling unit) in a quasi-urban setting. Accordingly, there is a potential visual impact to the area's scenic and open space resources. However, the project would involve the construction of, at most, a single-family dwelling on of the proposed additional lot. Relative to the Coastal Ecosystems, impacts should be negligible, if at all, as the site is located well over five (5) miles from the ocean. Notwithstanding the distance, the nature of the project— Residential — and the construction of only one (1) additional private wastewater systems is such that any potential coastal ecosystem impacts should not be found. The proposed action will result in creating the potential for Residential lots in this area. This should thus provide additional opportunities for housing. In so doing, the project could aid the general economy and the overall economic use of this site and the area in general. Because of its distance from the shoreline, the site should not be subject to coastal hazards. Relative to the managing development objective, this function is more applicable to the "authority" or approving agencies. However, it is noted that the request would operate and be constructed within the scope of the Zoning Code. The subject site would be zoned RS-20, and the requested use and design/parameters (parking, height, setback, etc.) would be consistent with said zoning. In that regard, the project would be consistent with this policy. Finally, in terms of the public participation objective, this is generally a public agency function. This is achieved through the Marine and Coastal Zone Management Advisory Group (MACZMAG) and the public hearing process required pursuant to the Planning Commission's Rules and County Council's meetings on this application. Notices of this application will become available through the posting of a sign on the property, as well as sending two (2) notices to surrounding property owners, one at the time the application is filed and again, prior to the public hearing. Based on the foregoing, it is concluded that the requested improvements would be consistent with the objectives, policies and guidelines of the Coastal Zone Management Policies, as outlined in Chapter 205-A-23, HRS and Planning Commission Rule No. 9 relating to Special Management Area. 4 F. Other Permitting Requirements As noted earlier, other permits would still be required. These would be of the "ministerial" variety, such as Subdivision Approval, Building Permits and the like. V. ENVIRONMENTAL CONSIDERATIONS A. General Description The parcel is generally rectangle in shape and is accessed via Hokuula Road and/or Spencer Road. Both roads are owned and maintained by the County of Hawaii and have a 40-foot right-of-way respectively. The site has one single-family dwelling occupied by the applicant and a moveable greenhouse on the southeast end of the parcel. Other than the single-family dwelling and moveable greenhouse the site is vacant of any other structures. The site is situated at about the 2,770-foot elevation level. The site rises from Hokuula Road, with the highest point being at the northwest end of the property. In spite of the gradual rise, there does not appear to be any topographic constraint in developing and utilizing the site for two (2) 20,000-square foot + sized lots. There are homes proximate to and within the subdivision leading to the subject site. The general area has more of a rural residential feel to it. B. Soils and Topography The U.S.D.A Soil Survey Report identifies the soil on the subject site as "Palapalai Series (PLC)". This type of soil consists of well-drained silt loams that formed in volcanic ash to a depth of approximately 60- inches. Permeability is moderately rapid, runoff is slow, and the erosion hazard is slight. According to the Natural Resource Conservation Service's Land Study Bureau Overall Master Productivity Rating, the subject site does not have a rating classification as it is in the State Land Use "Urban" District. The subject site falls within the State Land Use "Urban" District and is not included in the; The Agriculture Lands of Importance to the State of Hawaii (ALISH) designation. 5 As noted earlier, the topography of the site slopes in a northwest to southeast direction, with the lower portion being at the southeast end. The slope appears to be approximately 15 percent. C. Natural Hazards 1. Drainage The Federal Emergency Management Agency (FEMA) Flood Insurance Rate map (FIRM) identifies the majority of the project area as Zone "X" (areas outside of the 500-year flood). There are no existing drainage ways on the site. The applicant has not observed any significant runoff or erosion in the recent past on the subject site. Pursuant to County drainage requirements, appropriate drywell and/or similar means to capture runoff from any improvements will be built, if necessary, in conjunction with the appropriate permitting process. 2. Volcanic, Earthquake and Tsunami Hazards According to the United States Geological Survey maps, the project site is located within Lava Flow Hazard Zone 8, on a scale of ascending risks 9 to 1, 9 being the lowest risk and 1 being the greatest risk. The Building Code designates the entire island of Hawai'i Earthquake Zone "D" and contains certain structural requirements to address the relative seismic hazard. All structures would have to comply with this standard. 3. Tsunami Hazard • As the site is located over five (5) miles from the ocean, it is located outside of the Civil Defense's Tsunami Evacuation Zone. D. Flora/Fauna Although there were no professional surveys conducted of the floral or fauna resources of the site, the applicant does not believe that rare or endangered floral or fauna resources are likely to be found within the subject site. 6 Cattle grazing and residential development removed the original floral and fauna resources of the property. Other than landscaping done by the applicant the site's vegetation is mostly dominated by grazing grass typically called "Kikuyu" and clover as well as some invasive weeds. Thus, floral impacts should be minimal. The site is not known to be a habitat for any rare or endangered animal life. Given its elevation, however, it would be possible to find the Hawaiian Hawk (/'o) and the Hawaiian Owl (Pueo). Further, the rural nature of the surrounding areas would make it less likely to find endangered animal life in this area. E. Historic/Cultural/Archaeological Resources As the site was formerly bulldozed and cleared, no commissioned archaeological survey of the site was made. However, if needed, an archaeological monitoring plan can be prepared and implemented in conjunction with further land clearing activity. Furthermore, in the event any inadvertent discoveries are made during any land disturbance activity relating to this project, work will cease and the applicant will immediately notify the Planning Department and the State DLNR and secure their clearances before proceeding further. A letter requesting a "No Effect" determination has been sent to SHPD on May 5, 2017. G. Valued Cultural Resources In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai 0 Ka'Aina decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed. Specifically, there must be a discussion of the cultural, historical and natural resources, as well as the 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 9 area was used in the recent past for the gathering of plants by Native Hawaiians. The applicant has not observed any Native Hawaiians on 7 • the site or adjoining properties gathering plants. Thus, it would appear unlikely that the site would serve such purpose today. In the event legitimate gathering claims are made by Native Hawaiians, the applicant intends to respect and honor such claims and provide the needed access within the site. Based on the above, it does not appear that the project would have any potential adverse impact relative to the cultural and historical resources of the area. H. Water and Coastal Resources The subject site is located well over five (5) 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. Septic tanks or their equivalent meeting with the approval of the State Department of Health will be installed in conjunction with the construction of any dwelling on the site. Noise, Air Quality, and Dust Hokuula Road will serve as the main access to all of the newly proposed lot. The existing ambient traffic level in this area is quite low. As such, the corresponding noise level should be quite low. With the completion of this project, the noise level is not anticipated to increase significantly. There may, however, be short-term noise impacts associated with the construction of any required infrastructure or dwellings on the proposed lots. In that event, contractors will be required to comply with appropriate noise and related mitigation measures of the State Department of Health. The proposed development should not generate any direct air quality impacts. The only discernible air quality impact could be associated with the vehicular traffic to and from the site. While there will be an impact to the ambient air quality, the impact should not be significant, as the project will increase the density by only one (1) additional unit. Further, with higher EPA standards for automobile air emissions, the air quality impact should therefore not be significant. 8 As such, with the exception of potential construction dust associated with any future dwelling, the short and long-term dust generated by the project should be minimal. Construction dust, however, like construction noise will have to comply with the State Department of Health's regulations. J. Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there are sites or areas listed as being a scenic resource. The subject site is not listed as a scenic site. However, there were a few examples cited in the Waimea area, such as the view of the Kohala Mountains. In this situation, the views of Kohala Mountains from either Hokuula Road or Spencer Road would not be affected, as the newly proposed lot sits between existing dwellings. Furthermore the subject site is situated on the "flat" portions of Waimea. As such there should be no scenic or visual impact from the proposed subdivision. VI. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses The land use in this area is generally rural/urban in nature with a mix of residential, grazing and commercial uses. Within Waimea Homesteads there are a mix of one-acre +/-, two-acre +/- and 10,000 to 20,000-squre foot lots. On the northwest side of the subject property there is a 420-acre parcel which appears to be slated for • residential development as drawn on TMK map: 6-5-001, currently the parcel appears to be used as grazing. The subject property is located approximately one-half mile from the center of Waimea Town, which includes commercial areas, schools, hospital, public safety services and various parks and recreational facilities. Given the existing and zoned conditions, the proposed rezoning and the two (2) 20,000-square foot + lot subdivision would not be incongruous with the emerging rural-urban pattern of this area. B. Economic Impacts The requested zoning would have some measure of limited economic impact, as it would make one (1) additional fee simple lot. This 9 additional lot will create an increased property tax base for the County of Hawaii. In addition it will eventually create some short-term economic impact with the construction of a new single-family dwelling. This will create construction jobs as well as purchases from local suppliers. Lastly albeit a small impact the new lot will create the need for services such as landscaping, maintenance and the like. This could help with the area's economy. C. Agricultural Impacts As noted earlier, the site has not been used for any agriculture activity for many years. With the existing single-family dwelling, driveway and landscaping there is limited land area left to do any agriculture activity other than for personal use. Additionally this parcel is located in the Urban District therefor a residential zoning is consisting with the over all land use designation and other zonings in the adjacent area. VII. INFRASTRUCTURAL CONSIDERATIONS A. Road Access to the project would be from Hokuula Road or Spencer Road both of which are owned and maintained by the County. Hokuula Road and Spencer Road both have a 40-foot right-of-way. Hokuula Road has a pavement width of approximately 15-feet and Spencer Road has a pavement width of approximately 12-feet. B. Water There is a County water line fronting Hokuula Road and currently serving the existing single-family dwelling on the subject property. An additional water meter will be required to service the newly created lot. The Department of Water Supply has said that they would make the additional water meter available for the project. C. Wastewater There is no County wastewater system in this area. As noted earlier, a septic tank system meeting the approval of the Department of Health would be allowed in this area. This will be done by the respective landowner in conjunction with the construction of a dwelling. 10 D. Solid Waste Solid waste will be handled through commercial haulers or the individual homeowners into authorized landfill sites or transfer stations. With the requested RS-20 zoning, the potential for uses with toxic or related chemical waste would be minimal, if at all. E. Other Government Services As this area is already part of the Waimea urban area, it is already being serviced. No extension of government services would be required. The nearest Fire Station and Police Station are located at the Waimea Civic Center approximately 1.25 miles away. The Waimea Elementary School, the Waimea Middle Public Conversion Charter School, as well as Kanu 0 Ka Aina Public Charter School and Honokaa High School serve the Waimea area. In addition there a two private schools; Hawaii Preparatory Academy and Parker School. The major recreational facilities are located less than one-half mile away from the subject property, which include the Waimea Park.and Anuenue Playground. Additionally the County has been coordinating with Parker Ranch to develop a 20+ acre district park in the vicinity of the Kamuela Race Track. As such, the project should not result in the extension of any government services. Further, the required public facilities are located reasonably proximate to the subject site. F. Other Utilities All other utilities such as telephone, cable, and electrical services are available to the site. VIII. IMPACT SIGNIFICANCE ANALYSIS A. Relationship Between Local Short-Term Uses of Environment and Maintenance and Enhancement of Long-Term Productivity If the request were denied, the short-term use of the area of the proposed rezoning would probably continue with little to no agriculture activity. The applicant would not have an opportunity to create an 11 • • additional lot in an area designated as Urban, which would be inconsistent with the land use designation. From a long-term productivity standpoint, this area of Waimea will most likely continue its transition into more Urban development. As the State and County land use designation is Urban this is a logical area to increase residential housing density. B. Irreversible and Irretrievable Commitment of Resources As the site has been relatively disturbed in the past, it is not likely that its development would result in an irreversible commitment of natural or archaeological resources. • The subject parcel is classified as existing urban development from the Land Study Bureau and ALISH. Further, it is not likely that the site has any significant archaeological features, this is evidenced by the prior grading of the site. Again, if needed, a monitoring program can be conducted during any land disturbance activity. C. Mitigative Measures The applicant intends to make improvements, if required, generally consistent with the subdivision process. Further, if there is any construction activity, contractors will be obligated to comply with appropriate State noise and air quality standards. Should unanticipated archaeological finds be discovered in conjunction with any further development of the site, work will stop (as is required by the State and County) and clearance will be secured before work is resumed. There is no existing drainage way on the property. Any and all required grading or grubbing work would be done in conjunction with the required permits and/or a SCS Agricultural Plan. This is to assure that the development of this site does not adversely affect the drainage of surrounding properties. Finally, there will be no person or businesses to be dislocated by this project. 12 0 D. Alternatives to the Proposed Project 1. No Project Under the status quo alternative, the site could continue in its residential status with no agriculture activity. The applicant would also not be able to reasonably facilitate their estate planning. 2. Alternative Density Under this alternative, the applicant could seek a more intensive zoning, such as RA-.5a or possible RS-10 zoning, given the LUPAG Low Density Use classification of the site and RS and CN zonings proximate to this area. These zoning categories would arguably be consistent with some of the surrounding zonings. Such an approach, however, may not be the best density for the subject parcel. Given the nature of Waimea Homesteads the requested density of RS-20 would be consistent with the overall make-up of the community and other change of zones in the area. 3. Evaluation of Alternatives The project's impacts to the area's social and physical infrastructure would not be pronounced. Certain mitigative measures could be taken to address any possible impacts associated by the development of this project. Further, the project would be consistent with the land use objectives sought to be accomplished by the County General Plan LUPAG map. In view of the aforementioned, it would appear that none of the alternatives would be more prudent and beneficial than the requested RS-20 alternative. IX. REGULATORY ANALYSIS A. General Plan LUPAG Map The General Plan provides for the long-range comprehensive development of the island of Hawai'i. It provides direction for balanced growth in the County. The LUPAG map designates the site 13 Low Density Urban. This designation allows the requested RS-20 zoning without a General Plan amendment. B. General Plan Polices The requested zoning would be consistent with the goals, policies, and standards of the General Plan document. For one, it may provide limited short-term economic opportunities largely through the construction of any improvements required for the subdivision. More importantly, however, longer-term opportunities would be created largely in the form of construction of a new single- family dwelling and service providers for yard care, maintenance and the like. In so doing, the resultant project should add revenues to the County and State coffers byway of increased property tax revenue and increased General Excise Tax base. The project intends to be energy conscious through the use and/or encouragement of solar energy and design features to take advantage of the sun and wind patterns. Maintaining and improving the quality of the environment is important to the success of this project. The General Plan identifies five (5) areas of environmental concerns - air pollution, water quality, soil pollution, solid waste disposal, and noise pollution. As proposed, the project would not violate any of those objectives. Aside from the very limited vehicular transmission, air pollution associated with the project should be negligible. All wastewater systems would be consistent with the requirements of the State Department of Health. This should be sufficient to address any potential groundwater or coastal water impacts. If required, while not necessary for a project of this nature and size, a solid waste management plan could be prepared and implemented. The project will also be minimal in noise, any noise-generating facility, such as air conditioners, would be carefully placed to minimize their noise impacts to adjoining properties. The project area is outside of any flood way. Nonetheless, if required, a drainage system will be designed and constructed (especially in conjunction with the subdivision approval process) in a manner to protect the property as well as to minimize the volume of surface runoff generated by this development. 14 • The site does not appear to have historic sites due in large measure to the prior grading activity on the site. Nonetheless, work will cease if unanticipated archaeological remains are discovered during the development of this project. Work will resume only after proper clearances from the State and/or County have been received. While there have been sightings of the Hawaiian Hawk (/'o) or the owl (Pueo), this area is not their primary habitat. As such, the subject project should not have any significant impacts on rare or endangered plant or animal life in this area. As the RS-20 zoning would allow a dwelling, the project will indirectly fulfill the objectives of the housing element by creating one (1) more lot. The Plan also emphasizes that developments be mindful of an area's natural beauty. In this situation, the project —with the protective conditions —will be used in a manner where it blends with the existing terrain. • As the project site is more than five (5) miles from the ocean, the usual coastal resources concern is not pronounced. There will be no interference with shoreline access. Then, also, through the use of a septic system or other acceptable form of wastewater system, impacts to the coastal water will be minimized. There will be marginal impact to public facilities. The wastewater system will be private, and the county water line exists to the site. Vehicular access to the site is already via a County road and. accessible by emergency.vehicles. Schools and other public facilities are also located proximate to the site, most of them being less than 1.5 miles away. Finally, in terms of the Land Use and Agricultural elements, the pertinent goals, policies, and standards of the General Plan note the following: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County • Protect and encourage the intensive utilization of the County's limited prime agricultural land 15 • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need • The compatibility of agricultural and non-agricultural uses should be carefully reviewed and where appropriate, buffers required • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations • Agricultural land shall be used as one form of open space or green belt In view of the foregoing goals and policies, it is noted that the requested zoning would be consistent with the Low Density Urban designation of the LUPAG map. It would also be generally compatible with the surrounding area. There are some 10,000 to 20,000+- square foot lots makai of the subject site. There are also a County park, single-family residences, apartments, and commercial uses less than two thousand feet from the site. The Land Study Bureau does not classify the soil of the site as it's classified as existing urban development. As such, his location meets the criteria for a residential zoning. The property has no severe topographic or geologic problems that would render the land unusable for the proposed subdivision and activity. C. South Kohala Community Development Plan The South Kohala Community Development Plan (SKCDP) was adopted in November of 2008, by way of Ordinance No. 08-159. The _ SKCDP was prepared in order to identify the South Kohala : . community's priority issues and to develop polices and action programs to address those issues. Primarily, the SKCDP focused on four area plans for the towns of Waimea, Waikaloa Villiage, Kawaihae and Puako. 16 The Overall Policies for Land Use in Waimea are: Waimea Policy 1: Preservation of Waimea's Sense of Place Waimea Policy 2: "Responsible Growth" Waimea Policy 3: Environmental Stewardship Waimea Policy 4: Develop Affordable Housing for Waimea Waimea Policy 5: Timely Implementation of Needed Circulation and Transportation Improvements The SKDCP Waimea Town Conceptual Plan (Figure XX), shows the _ parcel as being part of the existing residential/urban area within Waimea Town. As such, these policies are centered primarily on government/community actions and do not apply to the small-scale activities such as the rezoning request by the applicant. In any event, the proposed change of zone and subdivision is consistent with the Waimea Town Center Conceptual plan, which identifies the subject property as part of the existing Waimea Residential area. The property is served by existing infrastructure and convenient in its location with respect to existing services and community facilities. This action is also consistent with the policy of providing affordable housing by creating an opportunity for the applicant to convey the new lot to one of their children. D. Zoning and Subdivision The designated zoning of the site is A-1. Should the RS-20 zoning be approved, the requirements of the zoning and subdivision codes would generally be complied, including use and related development standards. These include the possible incorporation of appropriate restrictive covenants relating to density, use, and design restrictions. E. State Land Use Agricultural Standards As the State Land Use Designation is Urban the requested rezoning to RS-20 should not be contrary with the State Land Use Agriculture Standards. 17 2017. my g r1,2 -o I, I ENT �1.♦ :I ii 1 L,- TO WHOM IT MAY CONCERN: As landowner of parcel identified by TMK: (3) 6-5-004 :049, I hereby consent and authorize Zendo Kern of Zendo Kern Planning Consultant to file and process a Change of Zone Application on my behalf. Kath en L. Brilhante (owner) (Date) NOTES [a.en.nt Mol.. 14Nom.•of•.....of•Dulling p•rc.l.are Iron•e0da01e T•.Yap 1)E...manl L-1 fer 0 . n° 1.1,1 '''''•.a'''ctin'Lot oro• 1-.-1 In 1•.or 01 Lol 1-11-1,I.0.7 p I In•1.• u, 2)crealu.0.poen Ior•on N.V.Or an actual.Mrgy en.gnund an.uct.d In r.erYory of 2m7 SIA t.11: • 0 q.rQ l' .dm..to o°r.rnm.nl surrq E angm.u.n°il.11onr"csr osE'. .+ 4)sW).cl'''a.,located In Zane 1•p•2 21811 13510001460 2:7 J 11.2.4"015410•0 O 6 J, 2, E '•' .umer. =ar TYK'MI%071 • w 0 ,0 \ • '0 .7 a. o .p ' sl•1•el Naeall t0.nerb TYK -s-o Iota •dgneo.', LOT ;�4 c i. ace 5-A-2 22.137 SQ. FT. y //200e;aPoFlloE.oLot .4 1 .,4 Roy Iv1"If„ .L Snar•n 70 ti J a 4 LOT 5-A-1 Si-7M LEGEND 798 -5—O o4 080 ;� 28,638 SO. FT. • M•11 Found c1 0\ �O .71 • 6( J b ii 2771!00•DV o 144 . 001. \\J,Q a. •,* t o.n.6 n TIM•-5-004 021 .p J r tn. .�'a-0 4 MAP SHOWING o '1.,..0.°'\ SUBDIVISION OF LOT 5—A -%a t"y\ a n' .4. .^y 4 0/ Hend•r•on°Family Trust BEING A PORTION OF LOT 5, BLOCK 1 -'. ,°a,',, TYN 16-5—ot'�000 WAIMEA HOMESTEADS BEING A PORTION OF GRANT 7708 ;\ TO W. M. S. LINDSEY o 29f !''0IV • INTO LOTS 5—A-1 & 5—A-2 .:.,,. /`\ .o se4 43 r Ma.In LOCATED IN WAIMEA, DISTRICT OF SOUTH KOHALA '..� nee90 F1.■nt ti"` T.I.,,,.,,,dr. ..e.r m. COUNTY & ISLAND OF HAWAII, STATE OF HAWAII Oa'"P" ss•09•oo• �� I yn 13 VV L.a.n..a rr.f...I. Ord ion°sue.. O M..an slat.c.runcm.!Ls-edui [,o.raHon Dalt awl 0.tole q�O�QP �,yo® Project/ .... Bw027717 L.Edward Pare too•oils 02• Kj„n''n 9 7UK:(3)6-5-.......'March0,2017 Licensed Prof o•slonal t�IG Q, ,,.rel Property Zoning'A-10 Land Surveyor 18094 Pr.Par.d For Own., .eel 9 P.O. Box 10996 Kathl.•n Brdhcnt• Noalehu. HI 96772 P O.Box 1397 BOB 443 1174 Komu•la,HI 96743-1397 7d o PO 40 j0 EPara390609mall.com rr.. f... w 0 . - ZENDO KERN PLANNING CONSULTANT RR2 Box 4105 Pahoa, HI 96778 Phone: 808-333-4734 Email: zendokern808@gmail.com May 5, 2017 Dr. Susan Lebo, Archaeology Branch Chief State Historic Preservation Division Department of Land and Natural Resources 40 Po'okela Street Hilo, Hawai'i 96720 Dear Dr. Lebo: Re: Request for "No Effect" Determination for a Change of Zone Application WAIMEA HOMESTEADS, SOUTH KOHALA,HAWAII TAX MAP KEY: (3) 6-5-004: 049 This office will be submitting an application on behalf of the applicant Kathleen L. Brilhante for a Change of Zone from A-1 a to RS-20 to allow for a two (2) lot subdivision. The property is located in Waimea off of Hokuula Road in Waimea Homesteads. The applicant wishes to subdivide their property to convey the newly created lot to,a member of their family. The property appears to have been used for cattle grazing prior to the applicant building the personal residence. Other than the main home there are no structures on the subject site. Furthermore, the property is not listed on the Federal and State Register of Historic sites, nor is it listed in the County of Hawai'i General Plan Historical element. The applicant has informed me that they have not observed traditional and customary native Hawaiian practices being exercised on the site. Thus, those rights should not be affected or impaired by the proposed use. Based on the foregoing, we believe that the site has no significant historic value and respectfully request that a determination of"no historic properties affected" be provided. The site and location maps are enclosed for your review. Should you have any questions or require more information, please feel free to contact this office. Thank you for your assistance in this matter. Sincerely, ZENDO KERN Planning Consultant Copy-County Planning Department Kathleen L. Brilhante Harry Kim .--'Y '• Collins Tomei Mayor .-- 'ox'' •'. Finance Director • • • �`� ? Deanna S.Sako *• : : ;,. 1:•+ ' Deputy Director . eOFMe'' County of Hawaii DEPARTMENT OF FINANCE-REAL PROPERTY TAX Aupuni Center • 101 Pauahi Street • Suite No.4 • Hilo,Hawaii 96720 • Fax(808)961-8415 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 Kona,Hawaii 96740 Fax(808)327-3538 • Appraisers(808)323-4881 • Clerical(808)323-4880 Website:www.hawaiipropertytax.com REAL PROPERTY TAX CLEARANCE (Rev. 07/13) Date: May 18, 2017 TMK(s): (3) 6-5-004-049-0000 This is to certify that the real property taxes due to the County of Hawai'i on the parcel(s) listed above have been paid forthe tax year 2016-2017 up to and including June 30, 2017. 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 Zendo Kern for the County Planning Department and is issued for this/these parcel(s) only. b,A0`.-A f)\P -P) 1 by D na Downing REAL PROPERTY TAX DIVISION Paid up to and including June 30, 2017. Tax Clearance for Planning Department(rev.3/11) Hawaii County is an Equal Opportunity Provider and Employer Harry Kim ok�• . ......_.....- Mayor ,...;e:173.!4w7��. Neil S.Gyotoku add%r. ' HousingAdminisfator . .. Wil Okabe '+i��','°>.A:4' Managing Director - = 's' Lance M.Niimi `�,N •�.��, a Assistant Housing Administrator . Barbara J.Kossow • % f'T�oF'M►�- Deputy Managing Director - County of Hawaii , - Office of Housing and Community Development :l: ._ 50 Wailuku Drive • Hilo,Hawai`i 96720 • (808)961-8379 • Fax(808)961-8685 r ' • Existing Housing:(808)959-4642 • Fax(808)959-9308 `i '''4642 Kona: (808)323-4300 • Fax(808)323-4301 July 13, 2017 _.. . .. . ... .._....,. r....,_.. . ,. • MEMORANDUM C�Z c.. C TO: MICHAEL YEE _`" w PLANNING DEPARTMENT G- 2 D 9 ry FROM: NEIL S. GYOTOKU 1 it c,3 HOUSING ADMINISTRA OR` J -. SUBJECT: CHANGE OF ZONE APPLICATION (REZ 17-000222) Applicant: Kathleen L. Brilhante Request: A-la to RS-20 Tax Map: (3)6-5-004:049 Pursuant to Hawaii County Code, Chapter 11, Housing, are NOT applicable to the request. Thank you for the opportunity to comment. 71 ' C N ';; j JUL 13 2017 t0 ,,N i by:- -.1-2 a 5 4 V011 EQUAL HOUSING OPPORTUNITY 2442pasr.doc "HAWAIICOUNTY IS AN EQUAL Planning Dept. OPPORTUNITY PROVIDER AND y EMPLOYER" Exhibit 3 Harry Kim o�''sy:t7-1w9,1�� Darren J..Rosario Mayor i' 4.%� �yLi'4` I; Fire Chief •-_-__- .- Renwick J::Victorino Deputy Fire Chief • County of TOctitiat`t HAWAII FIRE DEPARTMENT 25 Aupuni Street•Suite 2501•Hilo,Hawaii 96720 (808)932-2900•Fax(808)932-2928 July 20, 2017 C7' TO: MICHAEL YEE,PLANNING DIRECTOR ... ; DARREN J. ROSARIO, FIRE CHIEF _- FROM: `v SUBJECT: Change of Zone Application (REZ 17-000222) D F Applicant: Kathleen L. Brilhante -=-i Request: A-la to RS-20 Tax Map Key: 6-5-004:049 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 noitnal hazard of the occupancy, or where access for fire apparatus is unduly difficult, or areas where there is an inadequate fire flow, or inadequate fire hydrant spacing, and the AHJ may require additional safeguards including, but not limited to, additional fire appliance units, or special systems suitable for the protection of the hazard more than one type of appliance, p y involved. 18.1.1 Plans. 18.1.1.1 Fire Apparatus Access. Plans for fire apparatus access roads shall be submitted to the fire department for review and approval prior to construction. 18.1.1.2 Fire Hydrant Systems. Plans and specifications for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction. Planning Dept. ; JUL 2 1 2n17 a��,,,.. Exhibit Rw.—__1E._2 9 2 •"°�`, Navnai'i C vnty i.c nn 1r.ral fnnartunity Provider and Fmnlnver. Michael Yee July 20, 2017 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. • Michael Yee July 20, 2017 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. Michael Yee July 20, 2017 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. • Michael Yee July 20, 2017 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. Michael Yee July 20, 2017 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. Michael Yee July 20, 2017 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 Tn that water catchment systems are being used as a means of water supply for firefighting, such systems shall meet the;followingrequirements: 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. Michael Yee July 20, 2017 Page 8 3) The Fire Department Connection(FDC) shall: a) be made of galvanized steel; b) have a gated valve with 2-1/2 inch,National Standard Thread male fitting and cap; c) be located between 8 ft and 16 ft from the Fire department access. The location shall be approved by the AHJ; d) not be located less than 24 inches, and no higher than 36 inches from finish grade, as measured from the center of the FDC orifice; e) be secure and capable of withstanding drafting operations. Engineered stamped plans may be required; f) not be located more than 150 feet of the most remote part, but not less than 20 feet, of the structure being protected; g) also comply with section 13.1.3 and 18.2.3.4.6.1 of this code. 4) Commercial buildings requiring a fire flow of 2000gpm shall be provided with a second FDC. Each FDC shall be independent of each other, with each FDC being capable of flowing 500gpm by engineered design standards. The second FDC shall be located in an area approved by the AHJ with the idea of multiple Fire apparatus'conducting drafting operations at once, in mind. 5) Inspection and maintenance shall be in accordance to NFPA 25. 6) The owner or lessee of the property shall be responsible for maintaining the water level, quality, and appurtenances of the system. EXCEPTIONS TO SECTION 18.3.8: 1) Agricultural buildings, storage sheds, and shade houses with no combustible or equipment storage. 2) Buildings less than 800 square feet in size that meets the minimum Fire Department Access Road requirements. 3) For one and two family dwellings, agricultural buildings, storage sheds, and detached garages 800 to 2000 square feet in size, and meets the minimum Fire Department Access Road requirements,the distance to the Fire Department Connection may be increased to 1000 feet. 4) For one and two family dwellings, agricultural buildings, and storage sheds greater than 2000square feet, but less than 3000 square feet and meets the minimum Fire Department Access Road requirements,the distance to the Fire Department Connection may be increased to 500 feet. . F Michael Yee July 20, 2017 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) 323-4760. DARREN J. ROSARIO Fire Chief CB:ds DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII . HILO, HAWAII DATE: July 21, 2017 - Wiefftenageteaa TO : Michael Yee, Planning Director Planning Department - 7u. FROM : Department of Public Works, Engineering Division zz SUBJECT : Change of Zone Application (REZ 17-000222) 0 Applicant: Kathleen L. Brlhante -n ril70 Request : A-1 a to RS-20 ry TMK: (3) 6-5-004:049 m We reviewed the subject application and our comments are as follows: 1. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. 2. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code. Should there be any questions concerning this matter, please do not hesitate to contact Natalie Toevs of our Kona Engineering Division office at 323-4853. NT copy: ENG-HILO/KONA JUL ? 42f►7 Planning Dept. • Exhibit 5' DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII • HILO, HAWAII DATE: August 21, 2017 Iffeatena4fdaNt OZ C TO Michael Yee, Planning Director z- fv Planning Department -`L,} FROM : Department of Public Works, Engineering Division = SUBJECT : Change of Zone Application (REZ 17-000222) Z , Applicant: Kathleen L. Brilhante —� Request : A-1 a to RS-20 TMK: (3) 6-5-004:049 We reviewed the subject application and our revised comments are as follows: 1. We have determined that the subject property is located within Flood Zone "X" according to the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). 2. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. 3. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code. Should there be any questions concerning this matter, please do not hesitate to contact Natalie Whitworth of our Kona Engineering Division office at 323-4853. NW copy: ENG-HILO/KONA Planning Dept. 113568 Exhibit "47 \\*%-\ 14 49! • DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII 345 KEKOANAO'A STREET, SUITE 20 • HILO, HAWAII 96720 �FIiAwP TELEPHONE (808) 961-8050 • FAX (808) 961-8657 July 27, 2017 .-4 TO: Mr. Michael Yee, Director rtment O z Planning Depa z r-• zZ FROM: Keith K. Okamoto, Manager-Chief Engineer ° co G SUBJECT: Change of Zone Application (REZ-17-000222) Applicant: Kathleen L. Brilhante >-f Request: A-la to RS-20 2_>_m Tax Map Key 6-5-004:049 -•� We have reviewed the subject application and have the following comments and conditions. Water is available from an existing 8-inch waterline within Hoku`ula Road fronting the subject parcel. The subject parcel is currently served through a 1-inch meter, which is limited to an average daily usage of 800 gallons. Pursuant to Rule 5 of the Department's Rules and Regulations, a copy of which is being forwarded to the applicant, a water commitment may be issued. Based on the one (1) additional lot 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 other words, unless a water commitment is officially effected, water availability is subject to change without notice, depending on the water situation. Upon receipt of the water commitment deposit, we will provide our requirements for water service, applicable facilities charges due, and other conditions for final subdivision approval. For your information, final subdivision will be subject to the following conditions: 1. Construct necessary water system improvements, which shall include, but not be limited to: a. installation of a service lateral that will accommodate a 5/8-inch meter to front the additional lot, and b. subject to other agencies' requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development, the applicant shall be responsible for the relocation and adjustment of the Departments affected water system facilities, should they be necessary. Planning Dept. Exhibit. . . . Water, Our Most Precious Resource. . . 7(a Wai A 7(dne . . The Department of Water Supply is an Equal Opportunity provider and employer. 1 1 3 06 • Mr.-Michael Yee ' age 2 July 27, 2017 Submit service lateral installation plans prepared by a professional engineer or licensed surveyor, registered in the State of Hawai'i, 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 installation of the required water system improvements and prior to final subdivision approval being 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, 1440444,4 Keith K. Okamoto, P.E. Manager-Chief Engineer RQ:dfg copy—Ms. Kathleen L. Brilhante (w/copy of Rule 5 of the Rules and Regulations) Mr. Zendo Kern, Planning Consultant • Harry Kim : c 'F/ William A..Kuc iarski, ' Mayor �. Director,'.-.. • c'a,S Wilfred M.Okabe •oF wr,+►_ Diane'Ainda1 - ,• Deputy Director :','S Managing Director .,. ,. (1:01111t Rufintici DEPARTMENT OF ENVIRONMENTAL MANAGEMENT.. 345 Kekuanao`a Street,Suite 41 •Hilo,Hawai`i 96720 (808)961-8083-Fax(808)961-8086 - r cohdem@co.hawaii.hi.us http://www.hawaiicountv.gov/environmental-management! MEMORANDUM Date : July 11,2017 To MICHAEL YEE,Planning Director > N �rn CJ From : WILLIAM A. KUCHARSKI,Director �1 z• Subject: Change of Zone Application(REZ 17-000222) Applicant: Kathleen L.Brilhante Request: A-la to RS-20 TMK: 6-5-004:049 The Solid Waste Division has reviewed the subject application and offers the following recommendations (Please note Wastewater Division's comments will be submitted separately): SOLID WASTE COMMENTS: (Contact Solid Waste Division for details.) No comments ) Commercial operations, State and Federal agencies,religious entities and non-profit organizations may not use transfer stations for disposal. ( ) Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. ( ) Ample and equal room should be provided for rubbish and recycling. ( ) Green waste may be transported to the green waste sites located at the West Hawai`i Organics Facility and East Hawai`i Organics Facility, or other suitable diversion programs. ( ) Construction and demolition waste is prohibited at all County Transfer Stations. ( ) Submit Solid Waste Management Plan in accordance with attached guidelines. ( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. ( ) Other: Planning Dept. Exhibit I WK:mt County of Hawaii is an Equal Opportunity Provider and Employer. 1139 0. 4 Harry Kim ` ^'�' • William A.Kucharski Mayor .'' Director Wilfred M.Okabe N'i��, Diane A.Nada Managing Director Deputy Director Carty cf HaAdi DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuani o`a Street,Suite 41 •Hilo,Hawai`i 96720 (808)961-8083-Fax(808)961-8086 cohdem@co.hawaii.hi.us http://www.hawaiicountv.govienvironmental-management/ MEMORANDUM Date : July 11,2017 To • MICHAEL YEE,Planning Director ,L From : WILLIAM A.KUCHARSKI, Director ..�� Subject: Change of Zone Application (REZ 17-000222) Applicant: Kathleen L.Brilhante Request: A-la to RS-20 TMK: 6-5-004:049 The Wastewater Division has reviewed the subject application and offers the following recommendations (please note Solid Waste Division comments will be submitted separately): WASTEWATER COMMENTS: (Contact Wastewater Division for details.) (X) No comments 7/28/2017 ( ) 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 Hawai'i County Code. Complete Sewer Extension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawai'i County Code. ( ) Check or line out as applicable: [ ] If required by the Director of the Department of Environmental Management("Director of DEM"), [ ] applicant shall conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. Applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require,which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief for details. ( ) Other: WK:mt County of Hawaii is an Equal Opportunity Provider and Employer. Harr Kim c,�� Paul K;Ferreira Y 11/��%, Police Chief,.. Mayor .'tfrte•1 %., i:.,- 14TH oF.M'a`� Kenneth Bugado;Jr: Deputy Police'quef'. ,, County of Hawai'i ,, `,- POLICE DEPARTMENT 349 Kapi'olani Street • Hilo,Hawai'i 96720-3998 ` • (808)935 3311 • Fax(808)961-2389 July 27, 2017 i `) . . . .... . TO : MICHAEL YEE, P . ► ING IRECTO j — � T 5' FROM : MITCHELL KANEH•ILU , JR., A 'SISTANT CHI AREA II OPERATIO `I SUBJECT : CHANGE OF ZONE APPLICATION (REZ 17-000222) APPLICANT: KATHLEEN L. BRILHANTE REQUEST: A-1A TO RS-20 TAX MAP KEY: 6-5-004:049 Staff, upon review of the application, has no comments or concerns at this time. Should you have any further questions, please contact Captain Randal Ishii, Commander of the South Kohala District, at 887-3080. MK RS170653 Planning Dept. Exhibit g 113077 "Hawai'i County is an Equal Opportunity Provider and Employer" DAVID Y.IGGti, •kq ty .SUZANNE D.CASE GOVERNOR OFHAWAII �'tP O 1959 o'•..y�• CHAIRPERSON r` yd ss}sem. �' BOARD OF LAND AND NA'f URAL RESOURCES :F ; w ••.' COAIJIISSION ON WATER itESOI'RCC•. 4 4 NIANAGF•.AIENT { - 000ci and A :U1-'`'W-7,6','A tRt pct Or: � F--1:T t � Jtll,• , Ar fv STATE OF HAWAII sgate of Ha•' DEPARTMENT OF LAND AND NATURAL RESOURCES i+a LAND DIVISION POST OFFICE BOX 621 HONOLULU.HAWAII 96509 f! August 3, 2017 County of Hawaii Planning Department Attention: Mr. Michael Yee, Director via email: planning@hawaiicounty.gov 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Yee: SUBJECT: Change of Zone Application (REZ 17-000222); Request: A-la to RS-20, Waimea Homesteads, S. Kohala, Island of Hawaii; TMK: (3) 6-5-004:049 Applicant: Kathleen L. Brilhante Thank you for the opportunity to review and comment on the subject matter. The Department of Land and Natural Resources' (DLNR) Land Division distributed or made available a copy of your report pertaining to the subject matter to DLNR Divisions for their review and comments. At this time, enclosed are comments from the (a) Engineering Division and (b) Land Division —Hawaii District on the subject matter. Should you have any questions, please feel free to call Darlene Nakamura at(808) 587-0417. Thank you. Sincerely, Russell Y. Tsuji • Land Administrator *Enclosures cc: Central Files Planning Department Attn: Ms. Maija Jackson (via email: planning@ hawaiicounty.aov) Planning Dept. { Exhibit 6 DAVID Y.IGE ;• t.............4�; ... F11:1 r102 PIZs l i'�E,i".Ii' . GOVERNOR OF HAWAII •' `gsg - S8ZINNE D.CASE u•,: .{tyyc,•.q,; • CHAIRPERSON BOARD OF LAND AND NATURAL RESOURCES • stir i COMMISSION ON}EATER RESOURCE pd and s!.c; ,m11,1T •, i M NNAGEMENP ito STATE OF HAWAII Stefeo Ha`+r DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 • HONOLIJT.IJ.HAWAII 96809 July 13, 2017 • MEMORANDUM „TO DLNR Agencies: - - f- g - Div. of Aquatic Resources Div. _ of Boating& Ocean Recreation /4,47 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 01V !D./ uss 1Y. Tsuji, Land Administrator SUBJECT: • Change of Zone Application(REZ 17-000222); Request: A-la to RS-20 LOCATION: Waimea Homesteads, S. Kohala, Island of Hawaii; TMK: (3) 6-5-004:049 APPLICANT: Kathleen L. Brilhante Transmitted for your review and comment is information on the above-referenced application. We would appreciate your comments on this application. Please submit any comments by August 1, 2017. If no response is received by this date, we will assume your agency has no comments. If you have any questions about this request,please contact Lydia Morikawa at 587-0410. Thank you. • Attachments ( ) We have no objections. ( ) We have no comments. ( v) Comments are attached. Signed: Co- print Name: arty S. Chang, Chief Engineer Date: 9/1, 111 cc: Central Files • REDEPARTMENT OF LAND AND NATURAL RESOURCES • ENGINEERING DIVISION LD/Russell Y. Tsuji Ref: Change of Zone Application (REZ 17-000222) Applicant: Kathleen L. Brilhante Request: A-la to RS-20 Tax Map Key: 6-5-004:049 COMMENTS The rules and regulations of the National Flood Insurance Program (NFIP), Title 44 of the Code of Federal Regulations (44CFR), are in effect when development falls within a designated Flood Hazard. • The owner of the project property and/or their representative is responsible to research the Flood Hazard Zone designation for the project. Flood Hazard Zone designations can be found using the Flood Insurance Rate Map (FIRM), which can be accessed through the Flood Hazard Assessment Tool (FHAT) (http://gis.hawaiinfip.org/FHAT). • Be advised that 44CFR reflects the minimum standards as set forth by the NFIP. Local community flood ordinances may take precedence over the NFIP standards as local designations prove to be more restrictive. If there are questions regarding the local flood ordinances, please contact the applicable County NFIP Coordinators below: o Oahu: City and County of Honolulu, Department of Planning and Permitting (808) 768-8098. o Hawaii Island: County of Ilawaii, Department of Public Works (808) 961-8327. o Maui/Molokai/Lanai County of Maui, Department of Planning (808) 270-7253. o Kauai: County of Kauai, Department of Public Works (808) 241-4846. Signed: 6,-„CARTY S. CHANG, CHIEF ENGINEER Date: 41 in !� • • • • t4 DAVID Y.1GE74O^ 9 SUZANNE.D.CASE • ,•" X9,59, '9> CHAIRPERSON GOVERNOR OF HAWAII •: u.. .�}'t_-:•--�. ; yt•• y y;�RT;._,,. :,: t30.UiU OF LAND AND NATUILaI.RESOURCES • ": �-�r'� COMNOSS ION ON WATER RESOURCE r cam: y�- i MANAGEMENT F`ynd and Nd �E ��'t ¢per° `Gd/ to.;v'`'•' *Pe. r . .....•' � 1 .CE.....'..� Nil 11 •�.?�. 1 -1 A t1 I!' 3 2 • STATE OF HAWAII teoft4: DEPARTMENT OF LAND AND NATURAL RESOURCES site°f H�+�l r LAND DIVISION �..'t ti0 ' a Hi!_ C f: 1'f. i Inti f �• _i POST OFFICE BOX 621 F101\101.1 IT HAWAII 96RO9 July 13, 2017 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 R.OM: uss 1 Y. Tsuji, Land Administrator SUBJECT: Change of Zone Application(REZ 17-000222); Request: A-la to RS-20 LOCATION: Waimea Homesteads, S. Kohala, Island of Hawaii; TMK: (3) 6-5-004:049 APPLICANT: Kathleen L. Brilhante Transmitted for your review and comment is information on the above-referenced application. We would appreciate your comments on this application. Please submit any comments by August 1, 2017. If no response is received by this date, we will assume your agency has no comments. If you have any'questions about this request, please contact Lydia Morikawa at 587-0410. Thank you. • Attachments ( We have no objections. ( ) We have no comments. ( ) Comments are attached. Signed: ...� . Print Name: ,2so/L., C• /47 Date: -71-12.,s9/./ cc: Central Files DAVID Y. IGE VIRGINIA PRESSLER,M.D. GOVERNOR OF HAWAII P . '° DIRECTOR OF HEALTH .0 .059 9 STATE OF HAWAII ; DEPARTMENT OF HEALTH r» P.O. BOX 916 .._ TJ HILO,HAWAII 96721-0916 .. • MEMORANDUM -11 --I c DATE: August 2, 2017 --z cry TO: Mr. Michael Yee Planning Director, County of Hawaii FROM: Eric Honda 4 District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ-17-000222) Applicant : Kathleen L. Brilhante Request: A-la to RS-20 TMK: 6-5-004:049 The Health Department found no environmental health concerns with regulatory implications in the submittals. Planning Dept 1 1 3 2 0 3 Exhibit t 0 RBrilhanteREZ.doc shw-crk 9/12/2017 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION KATHLEEN L. BRILHANTE CHANGE OF ZONE APPLICATION (REZ 17-222) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation of the Change of Zone request from an Agricultural-1 acre (A-la) to a Single Family Residential-20,000 square feet (RS-20) Zoning district for approximately 50,791 square feet of land be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Planning Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant requests a change of zone from Agricultural— 1 acre (A-1a) to Single-Family Residential - 20,000 square feet (RS-20) for a 1.166-acre (50,791-square foot)parcel in order to create a 2-lot subdivision. Upon subdivision, the applicant will continue to live in their current residence and a new, approximately 22,137-square foot lot will be conveyed to a member of the applicant's family to build a residence. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The Change of Zone Application from an Agricultural (A-la) to Single- Family Residential (RS-20) zoned district will conform to goals, policies and standards of the General Plan Economic and Land Use Elements and the South Kohala Community Development Plan (CDP). The proposed Change of Zone will conform to, among others, the goals, policies and standards of the Land Use and Economic Elements of the General Plan: Land Use • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. • Allocate appropriate requested zoning in accordance with the existing or projected needs of the neighborhood, community, region and County. • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access and public need. Land Use—Single Family Residential • To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers that takes natural beauty into consideration. • To ensure compatible uses within and adjacent to single-family residential zoned areas. Economic • Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. • Economic development and improvement shall be in balance with the physical, social and cultural environments of the island of Hawai`i. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land -2- use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The requested change of zone conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The property is designated Low Density Urban, which includes residential uses with overall densities of up to six units per acre, ancillary community and public uses, and neighborhood and convenience-type commercial uses. The maximum number of lots and dwellings that could be developed on the minimum 20,000-square foot property in the RS-20 zoning district would be one (1) lot and two (2) dwelling units (one single-family dwelling and one ohana dwelling per lot). This is well below the maximum residential density of six units per acre allowed within areas designated Low Density Urban in the General Plan. On the Agricultural Lands of Importance to the State of Hawai`i (ALISH) map, a sliver of the northeastern portion of the property is identified as "Prime Agricultural Land" while the remainder of the subject property is identified as "Unclassified". The Land Study Bureau's Detailed Land Classification System map, which determines productivity ratings of agricultural lands, shows that the southeast portion following the longest length of the property line to the northeastern property boundary line is classified as "C" or"Fair" for agricultural soil productivity. This is the property line adjacent to TMK: (3)6-5-001:020. The remainder of the subject property is classified as existing urban development. The property is located in close proximity to the Waimea town center in an area that has historically been used for cattle grazing but more recently has transitioned to residential use. Immediately surrounding properties are zoned A-1 a and consist of lots ranging in size from 1 to 3 acres, which contain residences. Few, if any, of the lots in the surrounding area are being used for commercial agriculture. Due to its -3- close proximity to the town center and availability of utilities and services it is likely that this neighborhood will continue to transition to smaller lots for residential uses. The State Land Use designation for the subject property is Urban. The proposed change of zone would complement the existing land uses in this area and will provide for an orderly development of the area. The proposed change of zone is consistent with the General Plan designation for the area. The change of zone is also consistent with the South Kohala Community Development Plan's `Responsible Growth' policy by moderating the pace of growth and change in Waimea. To achieve this policy, the CDP allows for small- scale rezonings of 4 lots or less that may assist families in allowing their children to obtain individual properties. As an alternative to applying for a change of zone with the current zoning, land size and meeting other infrastructure requirements from reviewing agencies, the owner could build a second dwelling (called an `ohana dwelling) on the lot. However, the applicant could not further subdivide the subject property to convey that land area. To convey a portion of the existing subject property to a family member, the applicant had to apply for a change of zone. Given the existing substandard road conditions and to prevent further exasperating the existing infrastructure, a condition will be included in this change of zone ordinance to prohibit a second dwelling(`ohana) unit and/or a Condominium Property Regime(CPR) on each lot. Thus, the change of zone will not increase the potential number of dwellings beyond what the current zoning provides but would give the owner the option of subdividing into two (2) lots to convey the potential second dwelling to a family member while the applicant retains her residence on the other resulting lot. The Planning Director supports this rezoning request to allow a two-lot subdivision with one (1)home on each resulting lot. The County Council adopted concurrency requirements for water, roads and civil defense sirens. The Department of Water Supply has indicated that County water is available. A traffic study is required whenever a proposed development will generate over 50 peak hour trips. Based on the request, a Traffic Impact Analysis Report is not required. The nearest siren is located at the Waimea Park. As the subject property is located over eight(8) miles from the nearest coastline, situated at about the 2,770-foot -4- elevation and proposes one (1) additional lot subdivision, the project does not meet the criteria requiring additional civil defense sirens. All utilities and services are available to the site. Access to the subject property is from Hoku`ula Road, which is a County roadway. There is a 5-foot wide future road widening setback from the property line adjacent to Hoku`ula Road. Spencer Road is substandard, based on pavement width. If approved, access to the new parcel will be over a proposed electrical and utility easement, which will affect the new parcel and be in favor of the existing lot. County water is available to the property from an 8-inch waterline within Hoku`ula Road fronting the subject property. There is a 1-inch water meter that serves the existing parcel, which is limited to an average daily usage of 800 gallons. Based on the one (1) additional lot requested in the proposed 2-lot development, the applicant will need to remit the required water commitment deposit, install an additional water meter to serve the new proposed lot, submit service lateral installation plans prepared by a professional engineer or surveyor who is licensed and registered in the State of Hawai`i and remit the prevailing facilities charge(s). These requirements will be added as conditions of approval. There are no severe geological or topographical problems for the subject property that cannot be properly addressed 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. County sewer service is not available in the area. The proposed lot will utilize an individual wastewater treatment system meeting with the approval of the Department of Health. Solid waste will be disposed of at appropriate sites designated by the Department of Environmental Management. All development-generated storm runoff will be disposed of on site and not allowed onto adjacent properties or roadways. Police, fire, and emergency services are available nearby in Waimea. All essential utilities, such as electricity and telephone services, are available to the project site. Fair share contributions are paid to mitigate or reduce the impacts of newly created lots or residential units on regional infrastructure such as roads, parks, and fire and police services. Currently there is one dwelling on the applicant's 1.166-acre parcel. Should the RS-20 zoning be approved, the applicant could only create one (1) additional -5- lot. The applicant's proposed zoning request will not create additional lots beyond what the current zoning allows. A condition will be made to address the fair share requirements for the one (1) additional lot proposed. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The subject property is not situated within the County's Special Management Area and is located over eight (8) miles from the nearest coastline and will not be impacted by coastal hazard or 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 subject 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 used for cattle grazing and had been formerly bulldozed and cleared. 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 kama`aina 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 cattle grazing, it is unlikely that there are any valued cultural, historical, and natural resources to be found in the rezoning area. The applicant has not submitted a formal archaeological survey but has indicated that the -6- subject property had been formerly bulldozed and cleared. Aerial photographs of the subject property do show previous land disturbance. The applicant further stated that in the event any inadvertent discoveries are made during any land disturbance activity related to this project, work will cease and the applicant will immediately notify the Planning Department and the State DLNR-SHPD and secure clearances before proceeding. 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 cattle grazing 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. 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 applicant 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. Lastly, this approval is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the approved use, prior to its commencement or establishment upon the subject properties. Additional governmental requirements may include, but are not limited to, the issuance of building permits, the installation of approved wastewater disposal systems, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply -7- with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the above findings, approval of this change of zone request from an Agricultural 1-acre (A-la) to a Single-Family Residential-20,000 square foot (RS-20) zoned district would result in an appropriate land use pattern that will further benefit the general public. The accompanying draft bill to amend Section 25-8-11 (Lalamilo-Pu'ukapu Zone Map), Chapter 25 (Zoning Code) of the Hawai`i County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -8- CBrilhanteREZ.doc shw-crk 9/6/2017 KATHLEEN L. BRILHANTE CHANGE OF ZONE APPLICATION (REZ 17-222) CONDITIONS OF APPROVAL A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The required water commitment payment for the additional lot 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 comply with all requirements in the Department of Water Supply, including the construction of all necessary water improvements prior to final subdivision approval. C. Final Subdivision Approval of the proposed subdivision shall be secured from the Planning Director within five (5) years from the effective date of this ordinance. D. 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 covenants(s) to be recorded with the State of Hawai`i 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. A five (5) foot wide future road widening setback along the property's Hoku'ula Road frontage shall be delineated on plat maps submitted for the subdivision of the subject property. Upon the request of the Department of Public Works, the applicant, successors or assigns shall subdivide the land encumbered by the future road widening and shall dedicate the land to the County of Hawai`i at no cost to the County. • F. The driveway connection to Hoku`ula Road shall conform to Chapter 22, Streets and Sidewalks, of the Hawai`i County Code and County standard details R-37 and R-38. G. All development-generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. H. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawai`i County Code. The method of sewage disposal shall meet with the requirements of the State Department of Health. J. 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. K. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads for the additional lots to be created. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval. The fair share contribution shall be based on the actual number of additional lots created. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. 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$13,877.36 per single family residential unit. The total amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per single family residential unit shall be allocated as follows: -2 1. $6,674.78 per single family residential unit to the County to support park and recreational improvements and facilities; 2. $323.59 per single family residential unit to the County to support police facilities; 3. $639.13 per single family residential unit to the County to support fire facilities; 4. $279.82 per single family residential unit to the County to support solid waste facilities; and 5. $5,960.04 per single family residential unit to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicant(s)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. L. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. M. The applicant, successors or assigns shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. 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 applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. -3- 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 applicant should require an additional extension of time,the Planning Department shall submit the applicant's request to the Planning Commission and the County Council for appropriate action. 0. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation. -4- COUNTY OF HAWAII STATE OF HAWAII 74 OF•Mri+ BILL NO. ORDINANCE NO. ition jl bet -i- AN ORDINANCE AMENDING SECTION 25-8-11 (LALAMILO-PU'UKAPU ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—ONE ACRE (A-1a) TO SINGLE-FAMILY RESIDENTIAL—20,000 SQUARE FEET (RS-20) AT WAIMEA HOMESTEADS, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY: 6-5-004:049. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-11, Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2016 Edition, as amended) is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waimea Homesteads, South Kohala, Hawai`i, shall be Single Family Residential—20,000 square feet (RS-20): Beginning at a point at the northeasterly corner of this parcel of land, being also the southeasterly corner of Lot 5-B, said point of beginning being referred to Government Survey Triangulation Station "WEST BASE" being 884.61 ft. North and 1,802.06 ft. West and thence running by azimuths measured clockwise from True South: 1. 325° 09' 00" 282.20 feet along the Government Land of Waimea; 2. 55° 09' 00" 170.00 feet along Lot 4 and Hoku`ula Road; -1- 3. Along Lot 5-B on a curve to the right with a radius of 10.00 feet, the chord azimuth & distance being; 4. 100° 09' 00" 14.14 feet; 5. 145° 09' 00" 272.20 feet along Lot 5-B; 6. 235° 09' 00" 180.00 feet along Lot 5-B to the point of beginning and containing an area of 50,775 sq. ft. 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 (2016 Edition, as amended), 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. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, provisions and to this end the of this ordinance are severable. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAI`I , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: • -3- A-40a AGRICULTURAL-ONE ACRE(A-1a)TO A-400a SINGLE FAMILY RESIDENTIAL-20,000 SQUARE FEET(RS-20) A-la 1.166 ACRE A-la A-la 554.61'N 1,502.06'W 'WESr 5,45E" A-la Ala t A-la Ala R5-10 A-la RS-10 A-la �\� R5-10 ,� R5-10 FC) � RS 10 Jap, A-la R5-10 A-la R5-10 • N A-la A-la A-la A-la A-la A-la Feet 0 250 500 750 1,000 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-11 (LALAMILO-PU`UKAPU ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - ONE ACRE (A-1a)TO SINGLE FAMILY RESIDENTIAL - 20,000 SQUARE FEET (RS-20) AT WAIMEA HOMESTEADS, SOUTH KOHALA, HAWAII MAP PREPARED BY: TM K:(3)6-5-004:049 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:June 27,2017 EXHIBIT "A" Briihante Mao: 1393 KATHLEEN L . 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Observatory= ` - , ..,,,, , • , . ,.., ._,-• ..:_-__., , „ , , cen ... " " _'..,„ „,„ , ., ,� \` '\\� / Headquarty _ I l <.w 4 --'----,Lill I I Kawa�hae R ,'` ''4✓ North Hawaii • ., = . Oad Community ®_ ,�` . ►, �' �. Hospital THE APPLICANT IS REQUESTING : • A CHANGE OF ZONE FROM AN AGRICULTURAL ONE- ACRE (A-IA) TO A SINGLE-FAMILY RESIDENTIAL-20,000 SQUARE FEET (RS-20) ZONING DISTRICT TO CREATE A TWO-LOT SUBDIVISION . • UPON SUBDIVISION, THE APPLICANT WILL CONTINUE TO LIVE IN THEIR CURRENT RESIDENCE. • THE NEW APPROXIMATELY 22, 137-SQUARE FOOT LOT WILL BE CONVEYED TO A MEMBER OF THE APPLICANT'S FAMILY TO BUILD A RESIDENCE. APPLICANT' S PROPOSED SUBDIVISION MAP w:l. t•w«wl.M..• ',..6.r...r......r rp:N.°.1....v«.M•.....I..M tr p.1 tV.r, u ., W.""i•, :!2:4,1,71.01.1:r4.17, lf."wli'1.•:r`/7,If r" r :T ? Yrw.•r ^; tori:'.•:;•[ . s° 1.IPI'-a�.to TR^ 1� RUI COT Iri-. ::t .M • S-A-Z , : 22.131 SO.FT. //' :D.pf,l•fl [•.tori. .4/'/ :/ I N rM/N.•1 ltl 6 1w t .«.o ON 47 101 S-A-IEt9[MD :as3a SO.IT. •..M t...N VO \ n et/jj ,ti S �S •::15;'03"" ''- v.:J .ts I MAP SHOWING o �j.S:` SUBDIVISION OF LOT 5-A rhe, I•44..\\ 10 . BEING A PORTION OF LOT 5, BLOCK 1 t,E `"4 "7:16164:•:"' WAIMEA HOMESTEADS . BEING A PORTION OF GRANT 7708 TO W. M. S. LINDSEY s. .°%;ii.7 N INTO LOTS 5-A-I & 5-A-2 i* / • S" �A LOCATED IN WAIMEA, DISTRICT OF SOUTH KOHALA ,�-i�u'o•'do'»S F'L COUNTY & ISLAND OF HAWAII, STATE OF HAWAII �.. uirt.o• Ces «-..n« ..hl.-. Jar �7 t-»'-«�:tIi7.....�'✓/`.y'/:i S' O* •.l•ct i D17 pp:. ....:an So.103.• L.[NMs PM/ .a•n'.I' yy I�w1�(7)..•7-Yti tot COM S.,I tr•..•11 r,..w./for Qr.•r t.�tlr (0j rrNIr1J iNtt' •-1. P.Q.0..IQ4b 7:,' n t..Y.le ���.6.t -In..:1 n" r 0. ..17.7 DOD••)117• ...n W/,M NW-1W r Er.,e31D6111,..t.n. :.. w .. 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STATE LAND USE BOUNDARY MAP \ \ _______ ,,, N\ ., �t \ y Agricultural 2 \ r. • 7 5 \ \ -" ' fir. . r ,\ 77 ) + as\i % \\\ \\ '\ \\ ,/'l \ `, ,;.< � + �), Urban ,.- i \\,..-77 \\.:\\ , K: N\\ • '` 1� \\ --V."'" r . \ 7. \ -------' ." � a \�\ ,\\ ,)\ „.,-- \\\\ \ --V \''' \\,,7;77 .---, ..- \ ...,-- ..." \ ..\ \ \\‘,..S. - ,a;\ y ,j \ \\ f \, \. f,.-�'\, , ,•�' `fir \ r\� 'r' /.r \ `\, / \\____.----------'"{\<7 \ r\' f i,/\ ` r� \ - \ \\ \ 7-' \\�'�7 \\\ 7\',\_,--/- `\. / -7 \\, ,V N. -" \\ `;\\ \ 1f GENERAL PLAN LUPAG MAP . ,__- - Extensive Agriculture I \ --`ti \ --- t t j' Low \ \ , \ , /�- Density \ ��\\ ,,,7 Urban \� , r'' \ / 5 \ c \ \ Kr \\Z- ''< \cZN . 1 , \ .,"\\ ../- \\\7,,< ,-.X 7\ \ re- \ 77\ , \\,,, \\\\ \. \ <-" \ .-- , y \ 77\\ X .>\ , \-- •\\\\ 7 s 7 70.„-,- ,,, - \ \z-- \\ „ , ,,, i �\� \ \ i. , , , \ \ ,„,______ /,,, .....„,,,,,,,\\„--„, Medium `. ' 1 �, 7," Density c''' \ `r` �- (- ",`\ Urban _ , _ , • _ _ ,, AERIAL PHOTOGRAPH ^ , ,.. .., :,rs YY .� Y • ? * .M 4, h 4 • w : .a N y ' y • ,'.. _ 0. t+: • _ vb k ^ dry, _ fir° ": .. - - - � ... I rt �' - s• • y� y • • ' x, t ter' '\;._ y � wary r k: +T . , ^ A tit is a,., R ,,. w 6> _♦ • + n I.}4 }yr gggyyy /�.y F yy d; ;, .,s'. $ f�Y '- e 'R`}+�i„L. lYf'� }te t R �.. �. {R • .,''_k .Y , A 11 j , .t• ' e,tl t+,4. 1: r Vii, dY � .. * I'', TM� =rf wk,.. , .s. .. �J r. �', 4r .A. ♦ l'`' X37 .- '.E r- a"F"`j' ;4t, '�'. .• 4 5 ate. ° `%. Y- , -, ,, ,� � - �' "ti , r +t ....� .1•...- '�. moi.' "' l ti i '�t''� tt -' !•c, c-S • r.t. 74, 44'i"S' ,rix :• ry•e= ". ...„4�''t 3. '',,,,, Sj N,, A. � . _ :: ,: r - Earth � } x t SITE ,..(4:::, , . , PHOTOGRAPHS # 1 # ~ It `3}15 _ s , s .ter - - i '4c T, SITE PHOTOGRAPHS #2 . .. '- . . r+ -...-..., • �' •fir • . : . . .,.. ,. .... , , :. tr,,,,„, , ......,. ,,, E,,.. 7,4,4,4,4,.., , • 1 - t • ..7.1- �y• � Ib ll r r �i f y{`, i •i ` n SITE PHOTOGRAPHS #3 ,..-v,.. . . . . ..„• • . ... .., . . . a- f. �. ... . . . . . .. ...,..,..: . :, •• , - . . . .. • • . • is x• ��•, ,• .•.•. '4 .., '..'-.1...' • \_ .... .. . . 2 r �, Y• r:t At 1 • ..y� is ;t?d? -,,,(...,...4,.., I p.,,- '' � $j`-lam - b'. PLANNING DIRECTOR'S RECOMMENDATION : FAVORABLE RECOMMENDATION FOR THE CHANGE OF ZONE REQUEST TO THE COUNTY COUNCIL • • LEEWARD PLANNING COMMISSION COUNTY OF HAWAI`I HEARING TRANSCRIPT SEPTEMBER 25, 2017 A regularly advertised hearing on the application of KATHLEEN L. BRILHANTE (REZ 17-000222)was called to order at 9:33 a.m. in the West Hawai`i Civic Center, Community Center, Building G, 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawai`i, with Vice Chairman Collin Kaholo presiding. COMMISSIONERS PRESENT: Collin Kaholo,Nancy Can Smith, Perry Kealoha, Barbara Nobriga and Sonny Shimaoka ABSENT AND EXCUSED: Scott Church and Keith F. Unger ALSO PRESENT: Malia Ho (Counsel for the Commission), Michael Yee (Planning Director), Jeff Darrow(Planning Program Manager), Christian Kay(Planner), Shancy Watanabe(Planner) and Noriko Sauer(Commission Secretary) And two people from the public in attendance. APPLICANT: KATHLEEN L. BRILHANTE (REZ 17-000222) Application for a Change of Zone from an Agricultural-1 acre (A-la)to a Single Family Residential-20,000 square feet (RS-20) zoning district for approximately 50,791 square feet of land. The property is located at 65-1102 Hoku`ula Road, north of the Spencer Road-Hoku`ula Road junction, Waimea Homesteads, South Kohala, Hawai`i,TMK: 6-5-004:049. KAHOLO: On the agenda, presentation of the agenda, is application Kathleen L. Brilhante, REZ 17-000222, application of a Change of Zone from an Agricultural [-1 acre], A-l a, to a Single Family Residential-20,000 square feet, RS-20, zoning district for approximately 50,791 square feet of land. The property is located at 65-1002[1102] Hoku`ula Road, north of the Spencer Road-Hoku`ula Road junction, Waimea Homesteads, South Kohala, Hawai`i, TMK: 6-5-004:049. At this time I'd like to call on Planners. Thank you. WATANABE: Thank you. Good morning, everyone. The applicant is Kathleen Brilhante and she is requesting for a Change of Zone. This is the location map. For orientation, Hoku`ula Road runs in the southwest to northeast direction in the Waimea Homesteads in the South Kohala District. Spencer Road runs in the north to southeast direction. The subject property is outlined in red, and is located at the junction of Hoku`ula Road and Spencer Road. The applicant is requesting a Change of Zone from an Agricultural-1 acre to a Single-Family Residential-20,000 square feet zoning district to create a two-lot subdivision. Upon subdivision, the applicant will continue to live in their current residence. The new approximately 22,137-square foot lot will be conveyed to a member of the applicant's family to build a residence. 1 DRAFT This is the applicant's proposed two-lot subdivision map. The applicant will retain their existing residence and property shown here. The proposed second lot will be conveyed to a member of the applicant's family, and access is proposed via an electrical and utility easement shown here. This is the zoning map. The subject property is highlighted in red, and currently zoned Agricultural shown in the light green color. Residential zoning is shown in the various shades of yellow, Commercial shown in the light Pink and other Agricultural shown in the blues. This is the State Land Use boundary map. The property is situated within the State Land Use Urban District shown in the light pink, and Agricultural is shown in the light green. This is the General Plan Land Use Pattern Allocation Guide map. The subject property is designated as Low Density Urban shown in the mustard color. The goldenrod color represents Medium Density Urban, and the white represents Extensive Agriculture. This is an aerial photograph of the subject property at the junction of Hokuula Road and Spencer Road, which is right in this area here. The proposed second lot would be in this area. This photo was taken standing on Hoku`ula Road, looking towards the curve in the road, which will become Spencer Road. Here is the front of the subject property. This view shows the height variations in the front of the property. So if you are driving on this way, the front of the property is not easily visible because of the height. This photo was taken from Hoku`ula Road, looking at the flag of the adjacent property. The subject property is on the right. The proposed second lot would be located in this general area. With the current landscaping, it would be difficult to see the second lot from this view from Hoku`ula Road. The proposed easement would be about here. And the hill of Pu`u Ki rises behind the subject property and dominates the view plane. This photo was taken standing on Spencer Road, looking southeast away from the subject property. The Planning Director respectfully submits for a favorable recommendation with conditions for this Change of Zone request to the County Council. This concludes my presentation and I'm happy to answer any questions that the Planning Commission may have. Thank you. KAHOLO: Staff, you've got anything, Commissioners, you've got anything for staff? I'm sorry. None? Can I call the applicant or the person in charge of the applicant? KERN: Good morning. Good morning, Mr. Chair, Members of the Leeward— KAHOLO: Let me swear you in first. Let me swear you in first. KERN: Oh,yes, sorry. 2 DRAFT KAHOLO: Do you swear and affirm to tell the truth on the matter before the Planning Commission? KERN. Yes, I do. KAHOLO: Thank you. Please state your name. KERN: My name is Zendo Kern. I'm a planning consultant. I represent Kathleen Brilhante. I want to say good morning,Mr. Chair, Members of the Leeward Planning Commission, Director, Corporation Counsel and staff. I used to be a Planning Commissioner on the leeward [sic] side and got to chair it for a good number of years, so I just want to say out of respect I know what it takes to show up here and then do the work, and really appreciate it. It takes everybody to really make our community whole, and this is a great process. And all the work that staff continually does,whether it's figuring out how to make microphones work, is challenged at times. So I'm here, this application is relatively straightforward. I'm here to answer any questions, explain anything necessary that would be needed. CARR SMITH: Mr. Chair? KAHOLO: Commissioner. CARR SMITH: Good morning, Mr. Kern. KERN: Good morning. CARR SMITH: I was wondering if there was any input from neighbors, surrounding neighbors, regarding the zoning change. KERN: No, I have not received any calls or any feedback. As far as I know from the Department there has been no communication as well. We did send out the multiple notices to all the surrounding property owners per County Code. And we also ended up sending out a third notice by default that,because the agenda got changed up and the notice that I got said like Thursday, September 25th, so we sent out a third notice correcting that, saying it was Monday. So we did send out, you know, it's usually two notices plus the sign, so, and we did a third notice. And, no, I have not received a call or letter or have not heard anything from the Department. CARR SMITH: And the parcel, the home that sits above the intended new lot, is, has its own driveway, correct? KERN: Correct. CARR SMITH: Okay. KERN: Yeah. CARR SMITH: And this is a separate driveway for these two. 3 DRAFT r 1 KERN: Correct. They are basically right next to each other, and with the easement the applicant is going to have to basically widen the front up there just a little bit. They basically share the same kind of area right now,but we made it so that the map—this sounds really weird in my head with the, with the—so we made it so the driveway on their side is just going to have to widen just a little bit to afford the two-lot subdivision. But we haven't heard from anything from the neighbor as well. CARR SMITH: Thank you. KERN: Thank you. KAHOLO: Any more questions? None? Thank you. KERN: Thank you very much. KAHOLO: Before you go, did you receive the Planning Director's KERN: Yes, we received the Planning Director's recommendation and conditions. We are agreeable to those. One question I did have was the condition for the future road-widening setback. I take it that that's pretty much just a standard, standard procedure, and anything that comes forward in the future will do that to eventually allow that road to be widened if it needs to be. So, no, otherwise, we, yeah, we accept the conditions and the recommendation from the Planning Department. KAHOLO: Okay. Thank you. KERN: Thank you. KAHOLO: I don't see anybody from the public out there. Can I have a motion to close the public testimony? SHIMAOKA: I motion. NOBRIGA: I second. KAHOLO: It's been moved by Commissioner Shimaoka and seconded by Commissioner Nobriga. Thank you, motion passed. All those in favor, say aye. COMMISSIONERS: Aye. KAHOLO: Thank you. Any opposed? None. Motion passed. Thank you. Can I have a motion for action? SHIMAOKA: Yeah, I move that a favorable recommendation be forwarded to the County Council on the application for Change of Zone, Docket Number REZ 17-000222, based on our Planning Director's recommendation and findings, which shall be adopted. 4 DRAFT CARR SMITH: I'll second that. KAHOLO: It's been moved by, motion has been made by Commissioner Shimaoka, seconded by Commissioner Nancy Can Smith. Staff? Any discussion? No? Staff, roll call. WATANABE: Commissioner Shimaoka? SHIMAOKA: Aye. WATANABE: Commissioner Can Smith? CARR SMITH: Aye. WATANABE: Commissioner Kealoha? KEALOHA: Aye. WATANABE: Commissioner Nobriga? NOBRIGA: Aye. WATANABE: Motion carries, five-zero. Oh, and Chair, excuse me— KAHOLO: Aye. WATANABE: Commissioner Kaholo? KAHOLO: Aye. WATANABE: Motion carries, five-zero. The discussion ended at 9:47 a.m. Respectfully submitted, Noriko Sauer, Secretary Leeward.Planning Commission 5 DRAFT