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HomeMy WebLinkAboutCOM 0753.000 2016-2018 OJ�TV OF q Wil Okabe ttt� " \��,I�tii,•, Managing Director Harry Kim % *: i* Mayor -' _' Barbara J.Kossow +i'•:;;i :• �`::' OFr; Deputy Managing Director F'�- C,irnuf r f cia ni`t ®ffzxr of flp Ainuor 25 Aupuni Street,Suite 2603 • Hilo,Hawai`i 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawaii 96740 (808)323-4444 • Fax(808)323-4440 February 1, 2018 C �r41 74= .� -Y' NO CD""" Valerie T. Poindexter, Council Chair _71 and Members of the County Council >rrn County of Hawai`i > 4 25 Aupuni Street Hilo, HI 96720 Dear Chair Poindexter and Members: SUBJECT: Change of Zone Application (REZ 17-000224) Request: RS-15 to RS-10 Applicant: OYS Properties, LLC Tax Map Key: 2-4-010:028 As required by Chapter 7, Sec. 6-7.5 (a), Hawai`i County Charter, transmitted herewith for the County Council's consideration and action are the Windward Planning Commission's letter and enclosures regarding the above-referenced request. Sincere y, HARRY KIM Mayor MTransCouncilOYS propertiesREZ 17-224 Enclosures cc: Planning Department Comm, No. 7 S 3 111 I O q> Ref. To• pc .� Ref. Dote FEB 0 6 2018 County of Hawai`i is an Equal Opportunity Provider and Employer. _. Nth of M4 Harry Kim `•'•`: ��,I�;,:;�`, Joseph Clarkson, Chair Mayor ,*: Donald Ikeda,Vice Chair .'�. Donn Dela Cruz Gregory Henkel,Chair ; E of ►+' _ Myles Miyasato Thomas Raffipiy County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720 Phone(808)961-8288 • Fax(808)961-8742 FEB 2.018 Valerie Poindexter, Council Chair and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chair Poindexter and Council Members: SUBJECT: Change of Zone Application (REZ 17-000224) Request: RS-15 to RS-10 Applicant: OYS Properties, LLC Tax Map Key: 2-4-010:028 The Windward Planning Commission, at its duly held public hearing on January 4, 2018, recommended for your approval the proposed legislative bill for an Change of Zone from a Single-Family Residential— 15,000 square feet (RS-15) to Single-Family Residential— 10,000 square feet (RS-10) zoning district. The property is located at 344 Kehaulani Street, about 165 feet from the northwest corner of the W. Kawailani Street and Kehaulani Street intersection in the Waiakea Homesteads, Waiakea, South Hilo, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicant is requesting a Change of Zone from a Single-Family Residential - 15,000 square feet (RS-15) to a Single-Family Residential - 10,000 square feet (RS-10) zoning district for approximately 21,815 square feet (0.5008-acre) of land to subdivide the property into two lots. Each lot will be a minimum of 10,000 square feet in size. One of the resulting lots will retain an existing single-family dwelling built in 1951. Upon approval of the change of zone, the applicant will apply for subdivision approval Hawai`i County is an Equal Opportunity Provider and Employer Valerie Poindexter, Council Chair and Members of the County Council Paget immediately. The applicant expressed their intent to subdivide the subject parcel for estate planning purposes and plans to build a single-family dwelling on the newly created lot. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The Change of Zone request from a Single-Family Residential- 15,000 square feet (RS-15) to a Single-Family Residential- 10,000 square feet (RS-10) zoning district conforms to the goals, policies and standards of the General Plan Land Use and Housing Elements. 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 proposed Change of Zone will conform to, among others, the goals, policies and standards of the Land Use and Housing 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 neighborhood, community, region and County. Valerie Poindexter, Council Chair and Members of the County Council Page 3 • 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 maximize choices of single-family residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single-family residential zoned areas. • Designate and allocate single-family residential zoned lands at varying densities for future use in accordance with the needs of the communities and the stated goals, policies, and standards. Housing • Encourage and expand home ownership opportunities for residents. 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 reflects uses that are single-family residential in character. The subject 21,815 square feet property is located at 344 Kehaulani Street, northwest about 165 feet from the W. Kawailani Street and Kehaulani Street intersection in the South Hilo district. The subject property is roughly rectangular in shape and contains an existing single family dwelling constructed in 1951. The subject property is relatively level and is situated just above the 200-foot elevation. Under the current zoning, the owners would able to build an Ohana Dwelling on the original lot, but could not subdivide the property. If approved, the applicant could build an Ohana Dwelling on each newly created lot, resulting in twice the amount of Valerie Poindexter, Council Chair and Members of the County Council Page 4 density. There is an approved Ohana Dwelling Permit No. OHD 95-48 for an additional dwelling on the subject property, which has never been built. The Planning Director supports this rezoning request to allow a two-lot subdivision, but only on the condition of allowing one dwelling on each lot. Therefore, a condition will be included in the change of zone ordinance to prohibit a second dwelling (Ohana) unit and a condominium property regime on each lot. In addition, a condition will be included stating that upon approval of this Change of Zone, the Planning Director will formally revoke Ohana Dwelling Permit No. 95-48 in writing. As a result, the rezoning will not increase the potential number of houses but gives the landowner the option of subdividing into two lots. The surrounding area is predominantly in single-family residential use and is zoned RS-10 and RS-15. A similar change of zone from RS-15 to RS-10 near the subject property was approved in 2008 as Ordinance No. 08 065. The proposed subdivision is not anticipated to change the visual attributes of the existing coastline from Kehaulani Street or from W. Kawailani Street. The views of Mauna Kea and Mauna Loa from Kehaulani Street will not be affected: The property is not listed as a distinctive and identifiable landmark as identified in the General Plan. The Hilo Municipal Golf Course is located across W. Kawailani Street and up the road about 1,215 feet which is zoned Open. The intermittent Ka`ahakini Stream meanders through the Hilo Municipal Golf Course, and is located about 2,400 feet to the south of the subject property. The proposed Change of Zone and subdivision actions is not expected to impact the Ka`ahakini Stream. Existing noise levels are from traffic and incidental human activity, wind and foliage. As the project will generate construction traffic and equipment noise, the applicant will comply with the State Department of Health's noise regulations. Construction activities will be limited to certain periods of the day. Air quality in the subject area is mostly affected by emissions from natural and vehicular sources, as well as the volcanic haze from Kilauea Volcano. According to the applicant, the existing ambient traffic level in this area is quite low. Stronger EPA restrictions on vehicular emissions will help to reduce long-term impacts. All utilities and services are available to the site. Access to the property is from Kehaulani Street. Kehaulani Street is a County-owned roadway with an approximate 20-foot pavement within a 40-foot right-of-way. The new driveway for proposed Lot 3-B shall comply with Chapter 22, County Streets, of the Hawai`i County Code. The construction of the driveway will require a permit from the Department of Public Works. Valerie Poindexter, Council Chair and Members of the County Council Page 5 Therefore, a condition of approval will be added requiring the applicant to comply with Chapter 22, County Streets, of the Hawai`i County Code. According to the Department of Water Supply, water is available from an existing 6-inch waterline within Kehaulani Street fronting the subject parcel. The subject parcel currently has one (1) existing service lateral and one (1) existing 5/8-inch meter fronting the existing parcel, which is limitedto an average daily usage of 400 gallons, and suitable for only one single-family dwelling. DWS does not have any objection to the proposed Change of Zone as there are existing services available to each of the two (2) proposed RS-10 lots. Depending on the configuration of the two (2) proposed lots, DWS noted that the applicant may be required.to relocate one of the existing meters so that each meter fronts the appropriate lot. The applicant shall inform DWS in writing regarding which lot each meter will be assigned to, should the relocation of any meters not be necessary. The relocation or assignment of the existing meters can be done during the subdivision process. According to the applicant, there is no county wastewater system in this area. Thus, the applicant proposes to install a septic tank system for any new dwellings meeting the approval of the Department of Health. Solid waste will be disposed of by the homeowners or commercial haulers at authorized landfill sites or transfer stations designated by the Department of Environmental Management. Electricity, telephone and cable services are available to the site. Fire protection service is available from the Haihai Station, located less than one (1) mile away. Police service is available from the Hilo Station, located approximately 2.5 miles away. The property has no severe geological or topographical problems which cannot be rectified or which would render the land unusable. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency(FEMA). Zone X is an area outside of the 500-year flood plain. All development generated storm run-off shall be disposed of on-site and not allowed onto adjacent properties or roadways. Conditions will be included to address the Department of Water Supply, Department of Health, Department of Environmental Management and the Department of Public Works comments. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management. The property is not located in the Special Management Area. The project site is located about 2.60 miles from the nearest shoreline and will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access to the shoreline or mountain areas that traverses the property. Valerie Poindexter, Council Chair and Members of the County Council Page 6 No professional archaeological surveys or cultural assessments were conducted of the property. The Department of Land Natural Resources-State Historic Preservation Division (DLNR-SHPD) issued a"no historic properties affected" letters dated November 22, 2017, stating that no historic properties will be affected by this project. DLNR-SHPD records indicated that there are no known archaeological sites and that there has been no archaeological inventory survey(AIS) of this project area. However, available photos indicated that the area has been impacted by urban development and previous grading and grubbing. 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 proposedrequest 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 impacted by urban development and previous grading and grubbing, 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 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 has been disturbed in the past, it is unlikely that any archaeological or 1 Valerie Poindexter, Council Chair and Members of the County Council Page 7 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. As the property is improved with a single-family dwelling, no professional flora or fauna surveys were conducted of the site. The property is located in an urban setting in an area dominated by single-family residential uses and has been in residential uses for over 40 years. 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 in the unlikely event that during future construction activities that historic properties such as lava tube openings, concentrations . of artifacts, structural remains or human skeletal remains are found during construction activities. The DLNR-SHPD respectfully requests that the applicant cease work in the immediate vicinity of the find, protect the find from additional disturbance, and contact the DLNR-SHPD office for further guidance. 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 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 a Single-Family Residential- 15,000 square feet (RS-15) to a Single-Family Residential 10,000 - square feet (RS-10) zoning district would result in an appropriate land use pattern that will further the public necessity, convenience and the general welfare. The accompanying draft bill to amend Section 25-8-33 (City of Hilo 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. Valerie Poindexter, Council Chair and Members of the County Council Page 8 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, Ze"?:- 7-4 oseph larkson, Chairman Windward Planning Commission LOYSpropertiesREZ 17-224wpc2 Enclosures cc: Mr. Zendo Kern, Planning Consultant OYS Properties, LLC Department of Public Works Department of Water Supply Department of Land &Natural Resources-HPD Amy Self, Esq., Corporation Counsel 1 BOYS Properties LLC-REZ17-000224.shw 12/14/2017 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT OYS PROPERTIES LLC CHANGE OF ZONE APPLICATION (REZ 17-000224) OYS PROPERTIES LLC has submitted an application for a Change of Zone from a Single-Family Residential - 15,000 square feet (RS-15) to a Single-Family Residential - 10,000 square feet (RS-10) zoning district for approximately 21,815 square feet (0.5008-acre) of land. The subject property is located at 344 Kehaulani Street, northwest about 165 feet from the W. Kawailani Street and Kehaulani Street intersection in the Waiakea Homesteads, Waiakea, South Hilo, Hawai`i TMK: (3) 2-4-010:028. REQUEST 1. Proposed Development: The applicant is requesting a Change of Zone from a Single-Family Residential - 15,000 square feet (RS-15) to a Single-Family Residential - 10,000 square feet (RS-10) zoning district for approximately 21,815 square feet (0.5008-acre) of land to subdivide the property into two lots. Each lot will be a minimum of 10,000 square feet in size. One of the resulting lots will retain an existing single-family dwelling built in 1951. Upon approval of the change of zone, the applicant will apply for subdivision approval immediately. (Planning Department (P.D.) Exhibit 1- Change of Zone Application) 2. Reasons for Request: The applicant expressed their intent to subdivide the subject parcel for estate planning purposes and plans to build a single-family dwelling on the newly created lot. The applicant provided a revised preliminary subdivision plat, which will address the required minimum 10,000-square foot lot sizes. (P.D. Exhibit 2— Revised Preliminary Subdivision Map dated September 15, 2017) 3. Landowners: OYS Properties LLC. LAND USE PERMIT HISTORY 4. Ohana Dwelling Permit No. OHD 95-48: On August 1, 1995, the Planning Director granted an Ohana Dwelling Permit No. 95-48 to allow a second dwelling on the subject property with conditions. To date, the Ohana Dwelling has not been built. Should this -1- Change of Zone be approved, the Planning Director will formally revoke Ohana Dwelling Permit No. 95-48 in writing. (P.D. Exhibit 3 —Ohana Dwelling Permit No. 95-48) STATE AND COUNTY PLANS 5. State Land Use Designation: Urban. 6. County Zoning: RS-15 (Single-Family Residential District with a minimum building site of 15,000 square feet). 7. GP LUPAG Map: Low Density Urban. This designation allows residential uses (up to six units per acre), with ancillary community and public uses, and neighborhood and convenience-type commercial uses. 8. Hilo Community Development Plan (CDP): The Hilo CDP adopted by Planning Commission Resolution No. 1 on May 21, 1975 identifies the area as Single-Family Residential. 9. Chapter 205A, Hawaii Revised Statutes (HRS), Coastal Zone Management Program: The entire State of Hawai`i lies within the Coastal Zone Management (CZM) area. The intent of the CZM 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. 10. Special Management Area (SMA): The SMA is a part of the CZM Program and is regulated by the County. The property is located approximately 2.60 miles from the nearest shoreline and is not situated within the Special Management Area. DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA 11. Subject Property: The subject 21,815 square feet property is roughly rectangular in shape and contains an existing single-family dwelling constructed in 1951. There is an approved Ohana Dwelling Permit No. OHD 95-48 for an additional dwelling on the subject property, which has never been built. The subject property is relatively level and is situated just above the 200-foot elevation. -2- 12. Surrounding Zoning and Land Uses: The surrounding area is predominantly in single family residential use, and is zoned RS-10 and RS-15. A similar change of zone from RS-15 to RS-10 near the subject property was approved in 2008 as Ordinance No. 08 065. The Hilo Municipal Golf Course is located across W. Kawailani Street and up the road about 1,215 feet which is zoned Open. 13. U.S.D.A. Soil Type: According to the U.S. Department of Agriculture Natural Resources Conservation Service website, the soil types are Papai-Urban land complex and Panaewa-Urban land complex. The Papai-Urban land complex, 2 to 10 percent slopes, permeability is rapid, runoff is low, and the erosion rate is slight. The Panaewa-Urban land complex, 2 to 10 percent slopes, permeability is rapid, runoff is low, and the erosion rate is slight. 14. ALISH: Existing Urban Development. 15. Land Study Bureau's Productivity Rating: Existing Urban Development. 16. Flood Zone: The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area outside of the 500-year flood plain. 17. Air Quality: Air quality in the subject area is mostly affected by emissions from natural and vehicular sources, as well as the volcanic haze from Kilauea Volcano. According to the applicant, the existing ambient traffic level in this area is quite low. Stronger EPA restrictions on vehicular emissions will help to reduce long-term impacts. 18. Noise Impact: Existing noise levels are from traffic and incidental human activity, wind and foliage. As the project will generate construction traffic and equipment noise, the applicant will comply with the State Department of Health's noise regulations. Construction activities will be limited to certain periods of the day. 19. Scenic and Visual Resources: The proposed subdivision is not anticipated to change the visual attributes of the existing coastline from Kehaulani Street or from W. Kawailani Street. The views of Mauna Kea and Mauna Loa from Kehaulani Street will not be affected. The property is not listed as a distinctive and identifiable landmark as identified in the General Plan. -3- 20. Flora/Fauna: As the property is improved with a single-family dwelling, no professional flora or fauna surveys were conducted of the site. The property is located in an urban setting in an area dominated by single-family residential uses, and has been in residential uses for over 40 years. 21. Archaeological/Cultural/Historical Resources: No professional archaeological surveys or cultural assessments were conducted of the property. The Department of Land Natural Resources-State Historic Preservation Division issued a"no historic properties affected" letter dated November 22, 2017, stating that no historic properties will be affected by this project. SHPD records indicated that there are no known archaeological sites and that there has been no archaeological inventory survey (AIS) of this project area. However, available photos indicated that the area has been impacted by urban development and previous grading and grubbing. 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. 22. Public Access: There is no known record of a designated public access to the shoreline or to mountain areas that traverses the subject property. 23. Ka`ahakini Stream: The intermittent Ka'ahakini Stream meanders through the Hilo Municipal Golf Course, and is located about 2,400 feet to the south of the subject property. The proposed Change of Zone and subdivision actions is not expected to impact the Ka'ahakini Stream. PUBLIC UTILITIES AND SERVICES 24. Access: Access to the property is from Kehaulani Street. Kehaulani Street is a County-owned roadway with an approximate 20-foot pavement within a 40-foot right-of-way. According to the Department of Public Works, the new driveway for proposed Lot 3-B shall comply with Chapter 22, County Streets, of the Hawai`i County Code. The construction of the driveway will require a permit from the Department of , Public Works. 25. Water: According to the Department of Water Supply(DWS), water is available from -4- an existing 6-inch waterline within Kehaulani Street fronting the subject parcel. The subject parcel currently has one (1) existing service lateral and one (1) existing 5/8-inch meter fronting the existing parcel, which is limited to an average daily usage of 400 gallons, and suitable for only one single-family dwelling. DWS does not have any objection to the proposed Change of Zone as there are existing services available to each of the two (2)proposed RS-10 lots. Depending on the configuration of the two (2) proposed lots, DWS noted that the applicant may be required to relocate one of the existing meters so that each meter fronts the appropriate lot. The applicant shall infonn DWS in writing, which lot each meter will be assigned to, should the relocation of any meters not be necessary. The relocation or assignment of the existing meters can be done during the subdivision process. 26. Wastewater: According to the applicant, there is no county wastewater system in this area. Thus, the applicant proposes a septic tank system meeting the approval of the Department of Health. 27. Solid Waste: All solid waste will be transported and disposed of by the homeowners or commercial haulers to the authorized landfill sites or transfer stations. 28. Essential Utilities and Services: Electricity, telephone and cable services are available to the site. Fire protection service is available from the Haihai Station, located less than one (1) mile away. Police service is available from the Hilo Station, located approximately 2.5 miles away. AGENCY COMMENTS 29. Police Department: P.D. Exhibit 4— October 20, 2017 Memo. 30. Fire Department: P.D. Exhibit 5 -November 2, 2017 Memo. 31. Department of Public Works: P.D. Exhibit 6—October 30, 2017 Memo. 32. Department of Water Supply: P.D. Exhibit 7—October 23, 2017 Memo. 33. Department of Environmental Management: P.D. Exhibit 8—October 23, 2017 Memos. 34. Department of Health: P.D. Exhibit 9 — October 19, 2017 Memo. 35. Department of Land and Natural Resources-Land and Engineering Divisions: P.D. Exhibit 10—November 9, 2017 Letter. -5- 36. Department of Land and Natural Resources-State Historic Preservation Division: P.D. Exhibit 11 —November 22, 2017 Letter. PUBLIC COMMENTS 37. As of the date 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- CHANGE OF ZONE APPLICA T '61 7 em 1 21 PLANNING DEPARTMENT COUNTY OF HAWAII COUNTY OF HAWAII PLANNING DEPARTMENT • (Type or legibly print the requested information) APPLICANT: OYS Properties, LLC APPLICANT'S SIGNATURE: DATE: 170 f ADDRESS: 1285 Kawaiolu PL. Hilo, HI 96720 LIST APPLICANT'S INTEREST IF NOT OWNER: N/A LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: Ramona Sakamoto—Manager, Brian A. Sakamoto Trust—Member PHONE:(Bus.) (Res.) (Fax) LANDOWNER(S): OYS Properties, LLC LANDOWNER SIGNATURE(S): DATE: `1 7 (May be by letter) LANDOWNER(S) ADDRESS: 1285 Kawaiolu PL. Hilo, HI 96720 REQUEST: RS-15 TO RS-10 (Existing zoning) (Prop.o ed Zoning) TAX MAP KEY: (3) 2-4-010: 028 STREET ADDRESS OF PROPERTY: 344 Kehaulani St. Hilo, HI 96720 SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 21,815 square feet AGENT: Zendo Kern, Planning Consultant ADDRESS: RR2 Box 4105 Pahoa, HI 96778 TELEPHONE:(Bus.) 808-333-4734 (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Zendo Kern Plann. CQIIE,Sto OYS Properties, LLC p� Exhibit ,14 ATTACHMENT R estientalR ezon ng PLANNING DEPARTMENT COUNTY OF HAWAII APPL]CATDN FOR CHANGE OF ZONE 1, Ifyourrequestis approved,do you intend to subdivide the subcthnd it accordance with the approved change of zone? Y e 5 ifyes,phase answerthe rostafquestihn 1 and then to questzrn 3. a. How m any acres ofthe requested area do you Mend to subdivide? Ail 1. b. Into whatbtsizes? 10,OW S S- -+ c. ifyourrequestis approved,apprzain ately how bng a erthe date ofapprovaldo you expectto submit your subdii bn plans to the P hnnng D epartrn ent forpiBlit nary approval , inOnevio, d. Do you intend to bind houses on the newly created bts? Ire 5 • ifyes,phase answerthe ilbwing questbns: on how in any ofthose lots? 0 Atwhatappro_xln ate pace range? House 6/6 I-5\c'eb 6.0 5 v‘os Lots Am - \1 WJ Total Appmxirt&Ely how.long,a$erapprovalof the subdivrisbn,would the firsthouse be available for occupancy? Lyn Ifyou intendv to subdiide,phase subm ita �' prelht nary schem atic subdivision plan together with yourchange ofzone application form • 5. Is the subctland currently being used farany agr±ulhnralactbri!y? N® Ifso,phase listthe kinds ofpmducts grown and on how many square feetoracres ofland perpmduct 6. To yourknow hdge,has thee been any fboding and/or drainage pmbbm on the subctarea? No If so,phase descrbe the pmbhm 7. Do you think thatthe mads hading t the subctarea needs in pmvem Ne) If so,w hatkind? Is the mad adequate forthe proposed traffic volim e orbad? Ye b 8. W hatsortofgovernm entalassistance and/orb pmvem ents do you feelwiIlbe needed in the subctarea when ,devebped? es No a. Schools b. Roads `x Sewer d, Drainage e. poke P mtection X 3- COUNTY ENVIRONMENTAL REPORT COUNTY REZONING REQUEST (RS-15 to RS-10) OYS PROPERTIES, LLC WAIAKEA, SOUTH HILO, HAWAI'l TAX MAP KEY: (3) 2-4-010-028 I. INTRODUCTION OYS Properties, LLC ("applicant") is requesting the rezoning of a 21,815- square foot parcel of land from the Residential (RS-15) to Residential (RS- 10) district in Waiakea, South Hilo, Hawai'i. The property is located on the west side of Kehaulani St. approximately 150-feet north of the Kehaulani St. and W. Kawailani St. intersection. The subject property is located approximately 200-feet south of a 22,140-square foot site of which was recently rezoned in 2008 to the RS-10 district (REZ 07-000074). (Figures 1 and 2). If approved, the applicant intends to subdivide the 21,815-square foot parcel into two (2) lots, consisting of a minimum of 10,000-square feet each. Currently there is an existing single-family dwelling on the subject site. The applicant wishes to subdivide the subject parcel for estate planning purposes and plans to build a single family dwelling on the newly create lot. II. PROJECT LOCATION The property is located on the west side of Kehaulani St. approximately 150- feet north of the Kehaulani St. and W. Kawailani St. intersection. The subject property is located approximately 200-feet south of a 22,140-square foot site of which was recently rezoned in 2008 to the RS-10 district (REZ 07- 000074). (Figures 1 and 2) The entire property is rectangle in shape and relatively level, access to the parcel is via Kehaulani St., which is a paved county road. III. PROJECT DESCRIPTION A. Project Concept and Components The subject site consists of 21,815-square feet and has a single-family dwelling located on the east side of the property or bottom portion of the property. The applicant wishes to subdivide the subject property into two (2) lots and eventually construct a single-family dwelling for 1 • 2 4 10 • r'n3C 1'0 11 1)b) PLAT /4 W. KAHAOPEA STREET PLAT 09 4ifeeA.r.-.. 1 l4�'r'e/e73�" 11 j -� IFh. -r2 l - '3,54 .. - a/f... 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I s.°o 0.<--7/E ` •Sae+.fa i Re k, 6 n'••••,..., c p Akahwhi d n(.�• Ja ,` X) (if!"t : i si es+r.J /Naiakl y✓ ' "';9.•a A7aro_I C/= ' • �O xpe..yN , - ee.•.s• 9 _x29 ?' 127 roe,{ i3' V /r v •.g,^.wy'`.'a>,,.=fr w. K I p '''''''1,�N:�'k,is r':a azi 1 V I w -a e^J 44 a // - _.'L �( ° 55,560rbo wa,.<e!f 7 ••r 1 y 'i.,� -C• e1 C`• a .a..a• w..r ..=i.F LOac. ° L.al9at. y- 4rvn �'� 7,. ran `�5. 7) ,aAA.•, 4;:t r°�a °y a ° ` ra,reo.sf,(xl,vasf/ TAXATION MAPSBRANd-I J , u o I 9 TATE OF HAWAII 1,, ;r.e r.,:.,aa a r,., X 31• " i Rs,r,.` '' 'S. TAX MAP • _ nb5 'z V r s: Ul L6 3 : 2 u '55 "24 avow • ZONE TIROSECIST FILA 1o1 I�Me ester r.r x27 +.-d z•,•eari.•r 9f Nair .o Z,' , ;14,7 „ \f- „ .ef,•,.. , >�-• :: aoe.a =r,u, _-?;7.1...1 a•6v �a s.r✓y m K•.4 W A / L Ar•,V / STREET , rete! 1 i U \\ - 2 4 I0.1 :7.Rap PLAT // CONTAINING PARCELS' "Tar":, I.,3 'hr'� POR.WAIAKEA HOMESTEADS, S.HILO, HAWAII . SUBJ(CT TO CHANGE SCALE+ IIN.=loo rT.' uox l)19b9 1 NOTES 1) Names of owners of abutting parcels ore from available Tax Map records. n 2) Features shown hereon located by on actual survey on the ground II o conducted in August of 2017. 3) Azimuths and coordinates are referred to Government Survey I -1 X/ Triangulation Station HALAI". Lot 4 4) Subject parcel located in Zone "X" per FIRM 1551660860C. Judith K. Sugiyoma m n Sharon S. Morisawa, ? (Owners) Z II 136 Likeke St. 11493.63 Ft. South Hilo, HI 96720-5722 7722.39 Ft. Eos INK: 2-4-010:029 = No Lot 5 i-- -n Kate Lee Esther \ / / Water V to m De Soto 0 Meter (Owner) _ 337 Nohea St. I / 265' 40' 00" 222.00' Eove - Hilo, HI 96720-5451 121.00' Z TMK: 2-4-010:092 40, 00" 101.OD' 265' 40' 00"-- Q O 128.79') 265' Car Port Paved - 9.10. o.0 3, ....::.OrivewaY ... _rye/ 4`SE;kt • Pn p o O o a A c, O LOT 3—B 16 11.826 S0. FT. 0LOT 11,164 S0. FT. Excluding 3—A m 11952.e5 Fl.South Lot 3 R.R. R/W Area U,ut 9,989 SO. FT. 7943.00 Fl.Eoel LEGEND Lorraine Martin i o 0 42'1 Sz' 15" / (Trustee) I o 0 13.59' p�to.00' (Owner) wafer 0 1/2" Pipe Found 347 Nohea St. 'o o Meter Hilo. HI 96720-5451 9 - 11.1K: 2-4-010:093 0 105.19' 1e"Dia. o g5' 40' UO" 105.19' culvert 265' 40' 00" 0 04' 30" - 24.30' 214.29' • ' 65` ao' Do"--- `r I Lot 2-A RobbI 1L Yoshio I Kojimo Lot 1 (Owner) Clyde M. & Coral A. 540 Kunu PI I I Tabata (Trustees) Kahului, Hi 96732-1433 (Owners) 218 W Kowoilani St. ••I�I Hilo, Hi 96720-5429 I INK: 2-4-010:026 CO INK: 2-4-010:027 ' • MAP SHOWING This work was prepared b me SUBDIVISION O F LOT 3 or under direct supe v sioen . Prepared For Owner ors Properties, LLC BEING A PORTION OF LOT 612—A 1285 Kawaiolu PI Hilo, Hi 96720-3669 W A I K E A HOMESTEADS L. Edward are y Licensed Professional Land Surveyor Hawaii State Certificate # LS-8094 BEING A PORTION OF LAND PATENT (GRANT) No. 11,442 0#14R0o Expiration Date: April 30. 2018 es Project # 0H080217 INTO LOTS 3—A & 3—B PROF.... Date: September 1, 2017 L. Edward Pore * Nn 0004 * Property Zoning: Licensed Professional Land Surveyor #8094 LOCATED IN WAIAKEA, DISTRICT OF SOUTH HILO HgwAIt11•S~ P.O. Box 1086 COUNTY & ISLAND OF HAWAII, STATE OF HAWAII Naalehu, HI 96772 808 443 1174 20 o 20 40 EPare3906@gmail.com Sco/e Fee/ • • estate planning purposes. If approved, the proposed lots would consist of a minimum of 10,000-square feet in size. (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. The subject site is accessed by a county road and has a county water line to the site. The Department of Water Supply said they will make an additional water meter available upon the change of zone being approved. B. Project Timetable 1 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 subdivision improvements. Construction of a new single-family dwelling will be approximately $250,000. 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. The proposed RS-10 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. • 2 C. Hilo Community Development Plan (SKCDP) The Hilo CDP was adopted by the Planning Commission in 1975 over 25 years ago and intended to further define the General Plan and provide short and middle range implementation strategies of the General Plan. Since the adoption of the Hilo CDP, there have been significant land developments in the City of Hilo, including the shopping complexes in and around the Puainako/Kanoelehua Intersection, expanded commercial uses near the University complexes and commercial/industrial uses along the southern portion of the Waiakea Houselots area. These developments render many of the CDP land use concepts obsolete. Although the document was reviewed by the County Council, the CDP was never adopted by ordinance. The CDP's Land Use Concept Map identified this area as A-3a, which is inconsistent with the County General Plan LUPAG map. The LUPAG map has been amended to reflect a Low Density Urban designation and as such, some of the planning assumptions reflected in the 1975 CDP are now obsolete. The GP LUPAG map therefore is a more accurate land use depiction of the affected properties and surrounding lands. The County Charter requires all change of zones to be consistent with the designation in the General Plan. In this case, the GP LUPAG designation is Low Density Urban, and thus, the requested RS-10 zoning would be consistent. D. County Zoning The County zoning of the subject property is Residential (RS-15). As noted earlier, the subject property is located approximately 200-feet south of a 22,140-square foot site of which was recently rezoned in 2008 to the RS-10 district (REZ 07-000074) (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-10 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. 3 The site is not adjacent to the ocean. It is more than two and a half (2.5) 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. The proposed action will eventually involve the construction of improvements (particularly a dwelling unit) in a 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 two and a half (2.5) 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-10, 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. 4 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. 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 Kehaulani St. Kehaulani St. is owned and maintained by the County of Hawaii and have a 40-foot right-of-way. The site has one single-family dwelling other than the single-family dwelling the site is vacant of any other structures. . The site is situated at about the 212-foot elevation level. The site rises minimally from Kehaulani St., with the highest point being at the west end of the property. There does not appear to be any topographic constraint in developing and utilizing the site for two (2) 10,000-square foot + sized lots. There are homes proximate to and within the subdivision leading to the subject site. The general area has a urban residential feel to it. 5 B. Soils and Topography The U.S.D.A Soil Survey Report identifies the soil on the subject site as "Olaa Series (OID)". This type of soil consists of well-drained silty clay loarns that formed in volcanic ash. The surface layer and subsoil are about 16 to 9 inches thick, respectively. Permeability is rapid, runoff is slow, and 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. As noted earlier, the topography of the site slopes in a west to east direction, with the lower portion being at the east end. The slope appears to be approximately 2 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 3, 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 6 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 two and a half (2.5) 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. Residential development removed the original floral and fauna resources of the property. The entire property has been landscaped with various trees, shrubs and grass. 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 (I'o) and the Hawaiian Owl (Pueo). Further, the urban 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 22, 2017. 7 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 area . was used in the recent past for the gathering of plants by Native Hawaiians. The applicant has not observed any Native Hawaiians on the site or adjoining properties gathering plants. Thus, it would appear unlikely that the site would serve such purpose today. In the event legitimate gathering claims are made by Native Hawaiians, the applicant intends to respect and honor such claims and provide the needed access within the site. 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 two and a half (2.5) 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, nocoastal 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 Kehaulani St. will serve as the main access to 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. 8 • 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. 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 Hilo area, such as Mauna Kea and Mauna Loa. In this situation, the views of Mauna Kea and Mauna Loa from Kehaulani St. would not be affected, as the newly proposed lot sits between existing dwellings and the elevation of the subject parcel is relatively flat. 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 predominantly single-family residential in character. However there are a wide variety of uses within a one mile radius of the subject parcel, including churches, schools, restaurants, fast food outlets, convenience stores, gas stations, personal service providers and government services. 9 V • Given the existing and zoned conditions, the proposed rezoning and the two (2) 10,000-square foot + lot subdivision would not be incongruous with the existing 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 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 the subject site is in a predominantly urban residential location there will be no agricultural impacts. 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 Kehaulani St., which is owned and maintained by the County. Kehaulani St. has a 40-foot right-of- way, with a pavement width of sixteen (16) feet and three (3) foot shoulders. B. Water There is a six (6) inch water line running along Kehaulani St. 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 10 • Health would be allowed in this area. This will be done by the respective landowner in conjunction with the construction of a dwelling. 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-10 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 Hilo urban area, it is already being serviced. No extension of government services would be required. The nearest Fire Station is located approximately .5-miles away and the nearest Police Station is located approximately 2.5-miles from the subject site. The Waiakea Elementary, Intermediate and High Schools, are all • located less than a mile for the subject site. In addition multiple recreational facilities are located in close proximity, these include, Lokahi Park, Ahualani Park and the Hilo Municipal Golf Coarse. 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 as is. The applicant would not have an opportunity to create an additional lot in an area designated as Urban, which would be inconsistent with the land use designation. 11 From a long-term productivity standpoint, this area of Waiakea will most likely continue its transition into denser 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, the prior grading of the site evidences this. 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 County codes. 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 D. Alternatives to the Proposed Project 1. No Project Under the status quo alternative, the site could continue in its residential status. 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-7.5 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 existing subdivision the requested density of RS-10 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-10 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-10 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-10 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 two and a half (2.5) 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 mile away. Finally, in terms of the General Plan; Land Use and Single Family Residential, the pertinent goals, policies, and standards of the General Plan note the following: Housing Element • Attain safe, sanitary, and livable housing for the. residents of Hawaii County of Hawaii • Attain a diversity of socio-economic housing mix throughout the different parts of the County. •. Maintain a housing supply that allows a variety of choices. 15 • Encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies. Land Use — Single Family Residential • To maximize choices of single-family residential lots and/or housing for residents of the County. • 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. • Designate and allocate single-family residential zoned lands at varying densities for future use in accordance with the needs of the communities and the stated goals, policies and standards. Economic • Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environment. • Economic development and improvement shall be in balance with the physical, social, and cultural environments of the island of Hawaii. 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 also County parks, single-family residences, apartments, and commercial uses less than 1/2 mile 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. 16 C. Hilo Community Development Plan As noted earlier, the Hilo CDP was adopted by the Planning Commission in 1975 over 25 years ago and intended to further define the General Plan and provide short and middle range implementation strategies of the General Plan. Since the adoption of the Hilo CDP, there have been significant land developments in the City of Hilo, including the shopping complexes in and around the Puainako/Kanoelehua Intersection, expanded commercial uses near the University complexes and commercial/industrial uses along the southern portion of the Waiakea House lots area. These developments render many of the CDP land use concepts obsolete. Although the document was reviewed by the County Council, the CDP was never adopted by ordinance. The CDP's Land Use Concept Map • identified this area as single-family residential 15,000 (RS-15), which is consistent with the County General Plan LUPAG map. The LUPAG map reflects a Low Density Urban designation. As such, some of the planning assumptions reflected in the 1975 CDP are now obsolete. The GP LUPAG map therefore is a more accurate land use depiction of the affected properties and surrounding lands. The County Charter requires all change of zones to be consistent with the designation in the General Plan. In this case, the GP LUPAG designation is Low Density Urban, and thus, the requested FSS-10 zoning would be consistent. D. Zoning and Subdivision The designated zoning of the site is RS-15. Should the RS-10 zoning beapproved, 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-10 should not be contrary with the State Land Use Agriculture Standards. 17 • • NOTES 1) Names of owners of abutting parcels are from available Tax Map to records. n0 2) Features shown hereon located by an actual survey on the ground conducted in August of 2017. I Trii 3) anguAzimuthsn and coordinates.are referred to Government Survey I -I _ latioStation "HALAI" Lot 4 c m 4) Subject parcel located in Zone "x" per FIRM 1551660880C. • Judith K. Sugiyama Sharon S. Morisawa, I (Owners) Z 0 p 138 Likeke St. Xi 11493.63 Ft. South Hilo, HI 96720-5722 --i N I 7722.39 Ft. EastTMK: 2-4-01():029 I F— 2 O Lot 5 \ / / Uid. Kate Lee Esther • Water De Solo 0 Meter (Owner) -222.00' — 337NoheSt. I / 265° 40' 00 123,00' E Hilo, HI 96720-5451 265° 40' 00 Q TMK: 2-4-010:092 40' 99.00' 265' 00" Cor PoriPaved 0' (26.79•) Df1VeW ay o J 9.10' 0 1v ,� D tiry Q�ry // um 1 7'.. ryo > A o Y O . e t.L.l ..O / a b 1 o t,' o 0 0 o LOT 3-8 O 11,656 SQ. FT. l 0 10,994 SQ. FT. Excluding1 LOT 3—A ssz.fis F1. South w 7943.66 rt. East LEGEND R.R. R/W Areo is u' 10,159 SQ. FT. 42° 52' 15" Lot 3 I o 0 13.59' / Lorraine Martin o R=10.00.•. • (Trustee) ❑Meter 0 1/2" Pipe Found r (Owner) �'. 347 Nohea St. - MMpp Hilo, HI 96720-5451 o W 107.19' te"Dia. TMK: 2-4-010:093 0 85° 40' 0011 107 19' Culvert 265° 40' OD" 0' 04• 30" - �A 24.30' • 85'• 40' 00"-�214.29' 0C •II.o I Lot 2-A C Robb Yoshio C I I Kojimo }°� Lot 1 (Owner) I V V Clyde M. & Carol A. 540 Kunu PI i� I Tabota (Trustees) Kahului, Hi 96732-1433 (Owners) TMK: 2-4-010:026 218 W Kawailani St. 0— LLI Hilo, Hi 96720-5429 I ITMK: 2-4-010:027 MAP SHOWING This work was prepared by me SUBDIVISION O F LOT 3 ar under direct s��vlsion Prepared For Owner OYS Properties, LLC BEING A PORTION OF LOT 612—A LtEdward Pare 1285 Kawalolu PI Licensed PL. Edward Land Surveyor Hilo, Hi 96720-3669 W A I K E A HOMESTEADS Hawaii State Certificate ti LS-8094 BEING A PORTION OF LAND PATENT (GRANT) No. 11,442EOWgq�p Expiration Date: April 0, 2018 S p' LICENSED 99C" Project # 0H080217 • PROFESSIONAL Date: September 1, 2017 INTO LOTS 3—A & 3—B * ffeaf, * Revised September 15, 2017 L. Edward Pare No.8094 TMK: (3) 2-4-010:028 Licensed ProfessionalProperty Zoning: RS-15 Land Surveyor #8094 LOCATED IN WAIAKEA, DISTRICT OF SOUTH HILO NivAl(USP P.O. Box 1086 COUNTY & ISLAND OF HAWAII, STATE OF HAWAII Naalehu, HI 96772 808 443 1174 20 _ 0 20 40 EPare3906@gmail.com sae/e Feet L. Edward Pare Land Surveyor P.O. Box 1086 Naalehu, HI 96772 808 443 1174 Maine Office: Hawaii L.P.L.S. # 8094 12 McInnis Road Maine L.P.L.S. #1228 Hancock, ME 04640 Email: epare3906@gmail.com 207 422 3906 September 15, 2017 DESCRIPTION OF LOT 3-A All of that certain piece or parcel of land situate on the westerly side of Kehaulani St. at Waiakea, in the District of South Hilo, in the County and State of Hawaii, being a portion of Lot 3, being also a portion of Lot 612-A, described in Land Patent(Grant)No. 11,442,Waiakea Homesteads, and more particularly described as follows: Lot 3-A Beginning at a point on the easterly boundary of this parcel of land on the westerly sideline of Kehaulani St., the coordinates of said point of beginning being referred to Government Survey Triangulation Station "HALAI" being 11552.85 feet South and 7943.66 feet East and thence running by azimuths measured clockwise from True South: 1. Along the northwesterly boundary of Lot 3-B of Waiakea Homesteads Lot 612-A, along a curve to the right with a radius of 10.00 feet,the chord azimuth& distance being; 2. 42° 52' 15" 13.59 feet to a point; 3. 85° 40' 00" 107.19 feet, along a northerly boundary of Lot 3-B of Waiakea Homesteads Lot 612-A,to a point; 4. 175° 40' 00" 85.00 feet, along an easterly boundary of Lot 3-B of Waiakea Homesteads Lot 612-A, to a point on the southerly bound of Lot 4 of Waiakea Homesteads Lot 612-A; 5. 265° 40' 00" 123.00 feet, along the southerly bound of Lot 4 of Waiakea Homesteads Lot 612-A, to a point on the westerly sideline of Kehaulani St.; 6. 0° 04' 30" 76.00 feet, along the westerly sideline of Kehaulani St.,to the point of beginning and containing an area of 10,159 Sq. Ft.; DWA R` By L. Edward Pare Licensed Professional Land Surveyor LicEENSEt? •'cI°` ` License No. 8094 PRC7FLAND License_expires Apri 70,2018 *. SURVEYOR No,8094 r L. Edward Pare Land Surveyor P.O. Box 1086 Naalehu, HI 96772 808 443 1174 Maine Office: Hawaii L.P.L.S. # 8094 12 McInnis Road Maine L.P.L.S. #1228 Hancock, ME 04640 Email: epare3906@gmail.com 207 422 3906 September 15, 2017 DESCRIPTION OF LOT 3-B All of that certain piece or parcel of land situate on the westerly side of Kehaulani St. at Waiakea, in the District of South Hilo, in the County and State of Hawaii, being a portion of Lot 3, being also a portion of Lot 612-A, described in Land Patent(Grant)No. 11,442, Waiakea Homesteads, and more particularly described as follows: Lot 3-B . Beginning at a point at the northwesterly corner of this parcel of land on the easterly boundary of Parcel 5 of Waiakea Homesteads Lot 612-B,the coordinates of said point of beginning being referred to Government Survey Triangulation Station "HALAI" being 11493.63 feet South and 7722.39 feet East and thence running by azimuths measured clockwise from True South: 1. 265° 40' 00" 99.00 feet, along the southerly boundary of Lot 4,to a point; 2. 355° 40' 00" 85.00 feet, along the westerly boundary of Lot 3-A of Waiakea Homesteads Lot 612-A, to a point; 3. 265° 40' 00" 107.19 feet, along the southerly boundary of Lot 3-A of Waiakea Homesteads Lot 612-A,to a point; 4. Along the southeasterly boundary of Lot 3-A of Waiakea Homesteads Lot 612-A, along a curve to the left with a radius of 10.00 feet,the chord azimuth & distance being; 5. 222° 52' 15" 13.59 feet to a point on the westerly sideline of Kehaulani St.; 6. 0° 04' 30" 24.30 feet,along the westerly sideline of Kehaulani St.,to a point; 7. 85° 40' 00" 214.29 feet, along the northerly boundaries of Lots 2-A and 1 of Waiakea Homesteads Lot 612-A,to a point; 8. 175° 40' 00" 100.00 feet, along the easterly bounds of Parcels 3 & 5 of Waiakea Homesteads Lot 612-B, to the point of beginning and containing an area of 11,656 Sq. Ft.; (Page 2) Subject to a 20 Ft. wide R.R. R/W located within the northwesterly corner of the above described lot, the perimeter of said R/W bounded and described as follows: - Beginning at a point at the westerly corner of this area of land on the easterly boundary of Parcel 5 of Waiakea Homesteads Lot 612-B, said point being 9.10 feet southerly from the northwesterly corner of the above described lot,the coordinates of said point of beginning being referred to Government Survey Triangulation Station "HALAI" being 11502.70 feet South and 7723.08 feet East and thence running by azimuths measured clockwise from True South: 1. 221° 40'00" 13.10 feet,through Lot 3-B of Waiakea Homesteads Lot 3-A, to a point on the southerly boundary of Lot 4 of Waiakea Homesteads Lot 612-A; 2. 265° 40' 00" 28.79 feet, along the southerly boundary of Lot 4 of Waiakea Homesteads Lot 612-A, to a point; 3. 41° 40' 00" 53.13 feet,through Lot 3-B of Waiakea Homesteads Lot 612-A,to a point on the easterly boundary of Parcel 3 of Waiakea Homesteads Lot 612-B; 4. 175° 40' 00" 27.80 feet, along the easterly boundaries of Parcels 3 & 5 of Waiakea Homesteads Lot 612-B,to the point of beginning and containing an area of 662 Sq. Ft. By L. Edward Pare Licensed Professional Land Surveyor License No. 8094 f License expires April 30 2018 LICENSEDt� • PRO ESSIQNAL r` • LAND f7:/k, „ , SURVEYOR No.8094 L ` Ail. -5 ' • "vol. OF SHA • (' , -i�. -.I,,', Virg inb Goldstein Stephen K Yamashiro :* � .1,P#%*I Director Mayor s �;�,,�.� ;� Norman OIesen ''•. o 'v �P•` Deputy Director '4 �}i is Nt4{ EOF &antPaftmii PLANNING DEPARTMENT 25 Aupuni Streit,Room 109 • Hilo,Hawaii 96720-4252 (808)961-8288 • Fax(808)961-9615 CERTIFIED MAIL Z 416 229 161 • August 1, 1995 Mr. Leslie W. Brown P. O. Box 5119 Hilo, HI 96720 Dear Mr. Brown: Ohana Dwelling Permit (OHD 95-48) Tasuke/Minayo Yasukochi Tax Map Key: 2-4-010:028 , Lot 3 The subject application has been reviewed by the concerned agencies and note: 1. The subject tax map key parcel is served by an acceptable street; • 2 . The subject application can meet with the State Department of Health wastewater treatment and disposal systems requirements; 3 . The copy of document(s) received relating to subject tax-map key parcel 'to establish title and exhibits contained therein do not include any deed restriction or covenant to prohibit construction of requested ohana dwelling; and, 4. The site plan denotes two off-street parking stalls on the property. In view of the above, by this letter, you are hereby granted permission to construct the Ohana Dwelling (95-48) , subject to the following condition(s) : darning Dept. �r Exhibit 3 AUG 0 2 1995 Mr. Leslie W. Brown Page 2 August 1, 1995 (a) The building permit for the Ohana Dwelling shall be applied for and secured from the Department of Public Works, Building Division. Please bring or attach a copv of this Permit to expedite processing the building plans and building permit application to construct the ohana dwelling. (b) Off-street parking space for two vehicles is designated on the submitted site plan to fulfill the off-street parking requirement. The off-street parking spaces may not be employed for storage or other use unless and until approved alternative on-site parking arrangements are established. (c) All construction drawings together with approved site plan drawn to scale submitted with the ohana dwelling building permit application shall denote location and identify required two (2) off-street parking spaces. (d) This Ohana Dwelling permit is subject to all other applicable rules, regulations and requirements, including but not limited to those of the Planning Department, Department of Public Works, and- State Department of Health. Should you have any questions regarding the above, please feel free to contact Rodney Nakano of my staff at 961-8288. Sincerely, /"IT/ l / 4/1/9.4.46,41. IRGI # . GOLDSTEIN Planning Director RKN:mjs LBrown02.rkn rt. xc: Department of Health, Chief Sanitarian Department of Public Works Real Property Tax Division Key Home fAD 1/ 32Inch = 1 Foot r 4 Map for Ohana Request (3 ) 2-4-010-028 Yasukochi Kehaulani St. 1 , 1 , I , 40 ' Scale 1 /32" = 1ft. I , 1 I A � I � t Existing Zoning: RS-15 • I -H �xisting' -N Home Cesspool; o Setbacks X I ' QFront & Rear 20 ' Lanai _ I Sides 10 ' UZ I ' Q 1 1 � I I , I M I N ' 1 , I , 4) I , 1 , � 1 1 , l , Proposed I I I , Septic System , 2 Lam✓ 1 , Site (��w�►"'� I I Proposed Home Site ' Minimum side setbac:c10' 10 ' Min setback - Side 20 ' rear setback Harry Kim =�'�C- • Paul K.Ferreira " �'I��l Police Chief Mayor Kenneth Bugado Jr. Deputy Police Chief County of Hawai'i POLICE DEPARTMENT 349 Kapiolani Street • Hilo,Hawai'i 96720-3998 (808)935-3311 • Fax(808)961-8865 October 20, 2017 O o • J TO : MICHA YEE, PLAN -RIRECTOR FROM : FI-LN SSISTANT POLICE CHIEF em cJI ARE I PERATION -may SUBJECT: CHANGE OF ZONE APPLICATION (REZ 17-000224) APPLICANT: OYS PROPERTIES, LLC REQUEST: RS-15 TO RS-10 TAX MAP KEY: 2-4-010:028 • Staff, upon reviewing the provided documents, does not anticipate any significant impact to traffic and/or public safety concerns. Thank you for allowing us the opportunity to comment. If you have any questions, please contact Captain Gregory M. Esteban, South Hilo Patrol District Commander, at (808)961-2214 or via e-mail at gregory.esteban@hawaiicounty.gov. GE:IIi/170979 Planning ept. Exhibit 114557 "Hawai'i County is an Equal Opportunity Provider and Employer" '.iafioldu43 puv JalnrtoJd iilrunvoddo ink un n munoo!drawl aw SqluifTT 4FcHtpc3 idea 6uwuuold Sp:rix J°N3 a'kI ORiVsou •f NVQ 710 •anoqu pawl'su uoguotiddu auoz Jo o uugD atp spia a.z 111 M sanssi Jo sTuatutuoo ou suq}uauzgedaQ a"d h!MMH atli 8Z0:0I0-17-Z :Aax duyAT NUL OI-SII 01 SI-SII gsanbau jyy`sap.T do1d SAO :TuuollddV (tZZ000-L I Za2i)uoRuotiddV 3u0Z Jo o u'q : "Damns 3 IIHJ HI3 `ORIVSO21 T Nf2i2iV : IAI02I,3 • Z 2IOZOUIQ ONINNVtJd `agA. 'T I HOIY1i. : OZ CL= E � C LIJ • ' • D L _-. z z L IOZ`Z JagtuanoN 4if s • �7 D . L <Q r-- gr..-1 a, SZ6Z-Z£6(808)xs3.006Z-Z£6(808) OZL96!,lun+EH`oJ?H•JOSE aa! S•433.13S!undny SZ • .mumu IVdaa Iia ),)1212k to dpnno3) jam ani 4ndaQ ouuopiA•r notmuag • /'RRA : i jarrp of{d •:�� :• Jodviv ouEsog uaueQ +, o': u: 6uE 1017 OCT 31 1 , DEPARTMENT OF PUBLIC WORKS nrt COUNTY OF HAWAII PLANiNG D=�L{RT��E r H I LO, HAWAII NT'y car HAVI/�NT �� DATE: October 30, 2017 Weentendadafft TO: Michael Yee, Planning Director FROM: Department of Pub is Works, Engineering Division `.i SUBJECT: CHANGE OF ZONE APPLICATION (REZ 17-000224) Request: RS-15 to RS-10 Applicant: OYS Properties, LLC TMK: 2-4-010:028 We have reviewed the subject request forwarded by your memo dated October 12, 2017 and provide the following: The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500-year floodplain. The new driveway for proposed Lot 3-B shall comply with Chapter 22, County Streets, of the Hawaii County Code. The construction of the driveway will require a permit from the Department of Public Works. Questions may be referred to Robyn Matsumoto at 961-8924. Planning pept. 114681 Exhibit • �, SG'�.o_. , • _. ii 19. 491 >0 DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII o� 3�i 345 KEKUANAO A STREET SUITE 20 • HILO HAWAII 96720 %�.OF fiNNO'00"1' , TELEPHONE (808) 961-8050 • FAX (808) 961-8657 j October 23,2017 . TO: Mr. Michael Yee,Director 0A _ y Planning Department 0 z• c_ ' •—. RFROM: Keith K. Okamoto, Manager—Chief Engineer G-) w SUBJECT: Change of Zone Application(REZ 17-000224) TIM - Applicant—OYS Properties, LEC 2� Request—RS-15 to RS-10 Tax Map Key 2-4-010:028 3' We have reviewed the subject application and have the following comments and conditions. 1 Water is available from an existing 6-inch waterline within Kehaulani Street fronting the subject parcel. The subject parcel currently has one (1) existing service lateral (Account No. 160-08950) and one (1)existing 5/8-inch meter(Account No. 160-08900) fronting the existing parcel,which is limited to an average daily usage of 400 gallons, and suitable for only one single-family dwelling. Therefore, we have no objection to the proposed Change of Zone as there are existing services available to each of the two(2) proposed RS-10 lots. The Department will note that, depending on the configuration of the two (2) proposed lots, the applicant may be required to relocate one of the existing meters so that each meter fronts the ' appropriate lot Should the relocation of any meters not be necessary,the applicant shall inform the Department, in writing, which lot each meter will be assigned O. The relocation or assignment of the existing meters can be done during the subdivision process. Should there be any questions, please contact Mr. Troy Samura of our Water Resources and Planning Branch at 961-8070, extension 255. I Sincerely yours, i !eithK. Okamoto,P.E. . . , Manager-Chief Engineer TS:dfg i copy— Mr. Zendo Kern, Planning Consultant OYS Properties, LLC iplanning Dept. III Exhibit, I . 114515 . . . Water, Our!llost Precious Resource. . . 7ca WaiA Kane. . . The Department of Water Supply is an Equal Opportunity provider and employer. 1 • — William A.Kucharski Harry Kim �„t;�:j •• ��*• Director Mayor •_ _nr Wilfred M.OkabeN ?� Diane A.Noda Managing Director Deputy Director Eliinti . in( tan`r DEPARTMENT OF ENVIRONMENTAL MANAGEMENT . 345 Kekuanao`a Street,Suite 41•Hilo,Hawaii 96720 (808)961-8083•Fax(808)961-8086 cohdem@co.hawaii.hi.us http://www.hawaiicountygov/environmental-management/ ti . MEMORANDUM O z o c? —1 Date : October 2017 s To MICHAEL YEE,Planning Director . From : WILLIAM A. KUCHARSKI,Director 1'4 l ry Subject: Change of Zone Application(REZ 17-000224) Z crt Applicant: OYS Properties,LLC Request:RS-15 to RS-10 • Tax Map Key:2-4-010:028 The Solid Waste Division has reviewed the subject application and offers the following recommendations (Please note Wastewater Division's comments }rill be submitted separately): SOLID WASTE COMMENTS: (Contact Solid Waste Division for details.) (NA) 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: 'I WK:mt Planning iepto Exhibit 114 5 4 6 County of Hawai`i is an Equal Opportunity Provider and Employer. • Harry Kim +;• `J;,; " •' William A.Kucharski Mayor _ _ Director Wilfred M.Okabe •'':; •-s Diane A.Noda •Managing Director - Deputy Director Carty of HaA 'i DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanao`a Street,Suite 41 •Hilo,Hawaii 96720 (808)961-8083•Fax(808)961-8086 cohdem@co_hawaii.hi.us http://wwwhawaiicounty gov/environmental-management/ MEMORANDUM • Date : October A 2017 To MICHAEL YEE,Planning Director From : WILLIAM A.KUCHARSKI,Director '• j►4r Subject: Change of Zone Application(REZ 17-000224) Applicant: OYS Properties,LLC Request: RS-15 to RS-10 Tax Map Key: 2-4-010:028 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 1I19i17 ( ) 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. DAVID Y.IGE VIRGINIA PRESSLER,M.D. GOVERNOR OF HAWAII ti s s DIRECTOR OF HEALTH Vat '-'�'•®ecru-p°"''�•' STATE OF HAWAII DEPARTMENT OF HEALTH P.O.BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM U= o Z z ry 00 DATE: October 19, 2017 , 3 y (.0 TO: Mr. Michael Yee Planning Director, County of Hawaii >m Z FROM: Eric Honda District Environmental Health Program Chief SUBJECT: Change of Zone Application REZ-17-000224 Applicant: OYS Properties, LLC Request: RS-15 to RS-10 TMK: 2-4-010:028 The Health Department found no environmental health concerns with regulatory implications in the submittals. Planning Dept. 114486 Exhibit Q ,r o F r! DAVID Y.IGE ACC.:%.. ;.; Lyl!'9 GOVERNOR OF HAWAII :' BOARD OfitANCDISX:\N]DRPNATURAL RE'SOLR CES� • lbiV -COM1\IISSION ON.WATER RESOURCE .._ _ - _ ••li,\NICE•\IENT . + �d and = {r` i J — c`o\W NdrGd' P.i.j,._�:z�a%r��`7,� _._. . _ • — .4,*... ,,,,,,,, ,,,„ ,, STATE OF HAWAII ....„.,...„ ...,,, R •s DEPARTMENT OF LAND AND NATURAL RESOURCES _. �•:__ _ _, reteofHa+fd LAND DIVISION POST OFFICE BOX 621 • - - -'-'H - HONOLULU,HAWAII 96809 , .. S. 0Z. . + ber9, 2017 ...• .., `, ..- }z? . . ` . Novem • . . - . ._ .. .-'c n ._ co Z y County of Hawaii Planning Department -. Attention: Ms. Shancy Watanabe via email: shancv.watanabe@hawaiicountv.gov - 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Ms. Watanabe: SUBJECT: Change of Zone Application of OYS Properties, LLC (REZ 17-000224) From RS-15 to RS-10 located at 344 Kehaulani Street, Hilo, Island of Hawaii; TMK: (3) 2-4-010:028 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 copyof your report pertaining to the subject matter to DLNR Divisions for their ap available 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 Dept. 114877 Exhibit '-^^"o.F � ���I�i`.11F.l SUZA\NE O.CASE I_ • i', f I y��'• . '1.'''''N '1?OCT 19 Pi101. b Ci1.�iRPERS0�1 t ,.c DAVID O HA l`/�- �' ! y • ,t9 59 , ,y�� BOARD OF LAND AND NATURAL RESOURCES GOVERNOR OF HAWAII ', ! I fl 1�, ] COJIMISS1ON ON WATER RESOURCE C. t'4 t 1 i i I 1�!t', .1,::; <-0•,S' r : l,1ANAGENIEM1T endand �!••Yrfl L= t`b. Fac` < A ,r. g i. 1.4.,.,,i"......,.y. `y.. . „,t._.„, -.0 .., ‘-‘\,:,,,-3A_____-. _ STATE OF HAWAII sr teorH,�,z;\ .,-f.;'••': ; •',i DEPARTMENT OF LAND AND NATURAL RESOURCES • I -r,e!C- 1-117 t' . !"•i! LAND DIVISION POST OFFICE BOX 621 HONOLULU,HAWAII 96809 October 18, 2017 MEMORANDUM DLNR Agencies: _Div. of Aquatic Resources Div. of Boating & Ocean Recreation .2_.c Engineering Division i _Div. of Forestry &Wildlife _Div. of State Parks X Commission on Water Resource Management _Office of Conservation & Coastal Lands • X Land Division — Hawaii District X Historic Preservation _____,..6 ,FR M: ell Y. Tsuji, Land Administraor SUBJECT: Change of Zone Application (REZ 17-000224) from RS-15 to RS-10 LOCATION: 344 Kehaulani Street, Hilo, Island of Hawaii; TMK: (3) 2-4-010:028 APPLICANT: County of Hawaii on behalf of OYS Properties, LLC Transmitted for your review and comment is information on the above-referenced subject matter. We would appreciate your comments by November 7, 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 Darlene Nakamura at 587-0417. Thank you. Attachments ( ) We have no objections. ( ) We have no comments. ( I, ) Comments are . tached. Signed: Print Name: Ca . 1.1. .'- -- Date: j LI 7.d /1 , cc: Central Files DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LD/Russell Y. Tsuji Ref: Change of Zone Application (REZ 17-000 224)TMm : S-1254 0 Oto S-10, 344 Kehaulani Street,Hilo, Island of H 028 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 Special Flood Hazard Area(high risk areas). Be advised that 44CFR reflects the ordinances may minimum standards as set forth by the NFIP. Local community flood stipulate higher standards that can be more restrictive and would take precedence over the minimum NFIP standards. • The ownerof the project property and/or their representative resentative isresponsible to research the Flood Hazard Zone designation for the project. Flood Hazard Zones are designated on FEMA's Flood Insurance Rate Maps (FIRM), which can be viewed on our Flood Hazard Assessment Tool (FHAT) (http://gis.hawaiinflp.org/FHAT). If there are questions regarding the local flood ordinances, please contact the applicable County NFIP coordinating agency below: o Oahu: City and County of Honolulu, Department of Planning and Permitting (808) 768-8098. o Hawaii Island: County of Hawaii,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: CA Y :. CHF, CHIEF ENGINEER Date: zt� ` SUZANNE D.CASE o_F�.c i CHAIRPERSON h`1 ` AP •�tg 59 f •9,•. BOARD OF LAND AND NATURAL RESOURCES 1�A 1171�:IGE �y: COMMISSION ONWATEILRESOURCE r MANAGEMENT `+ GOVI RN q (iAIYAU f!I r�L ,x.f• ;I i ii, andandy „�.� .' :`j .,i1-; Lo HAWAII v,!. 1011 00123 P 19 STATE OF ii 1 DEPARTMENT OF LAND AND NATURAL RESOURCES RECEIt��D ' �; StareolHa:.:, . LAND DIVISION LA r .j .1 f '11 ' POST OFFICE BOX 62I NIL , y tiJ�u N HONOLULU,HAWAII 96809 October 18, 2017 MEMORANDUM n`al: Yj: DLNR Agencies: _Div. of Aquatic Resources Div. _ of Boating &Ocean Recreation X Engineering Division Div. of Forestry &Wildlife ^_Div. of State Parks X Commission on Water Resource Management _Office of Conservation & Coastal Lands - X Land Division — Hawaii District X Historic Preservation teaFJM: • sell Y. Tsuji, Land Administrator , SUBJECT: Change of Zone Application (REZ 17-000224) from RS-15 to RS-10 LOCATION: 344 Kehaulani Street, Hilo, Island of Hawaii; TMK: (3) 2-4-010:028 APPLICANT: County of Hawaii on behalf of OYS Properties, LLC • . Transmitted for your review and comment is information ontheabove-referenced subject matter. We would appreciate your comments by November 7, 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 Darlene Nakamura at 587-0417. Thank you. Attachments ( ' We have no objections. (1.4 We have no comments. ( ) Comments are attached. • Signed: • _ - . Print Name: • Date: / - '7 / cc: Central Files . . • r Domian, Jesse 2517 tom 29 Pm 9 .44 ' - From: • Lebo, Susan A <susan.a.lebo@hawaii.gov> PLANNING DEPARTMENT • Sent: Wednesday, November 29, 2017 242 PM COUNTY OF HAWAII - To: Planning Internet Mail Cc: Nakamura, Darlene K; Naleimaile, Sean P Subject: (REZ 17-000224) • Attachments: 3-2-4-010_2017-02311_1711SN1O_ARCHY 6E42_PRMT NHPA.pdf • • Hello, Attached is a pdf copy of our division's review of the following submittal: _• Chapter 6E-42 Historic Preservation Review— CIZ Application from Residential(RS-15)to Residential(RS-10) (REZ 17-000224) Waiakea Ahupua`a, South Hilo District, Island of Hawai`i TMK: (3)2-4-010:028 Sincerely, Susan Susan A.Lebo,PhD Archaeology Branch Chief State Historic Preservation Division Department of Land and Natural Resources Kakuhihewa Building,Suite 555 Kapolei,HI 96707 (808)692-801? Susan.A.Lebo@hawaii.gov l Planning Dept. Exhibit, 11 _ 115209 SUZANNE D.CASE • QR- CHAIRPERSON DAVID Y.IGE -"'-ti'Q}f BOARD Or LAND AND NATURAL RESOURCES GOVERNOR OF"[AWAIT �.CP 195D %• COSQ.fISSION ON WATER RESOURCE MANAGEMENT N. ROBERT K MASUDA FIRST DEPUTY v2,04 MC/hd�`� =1JEFFREY T.PETERSON d/ elL .0 DEPUTY DIRECIOR-WATER • ' rM �ti- �- AQUATIC RESOURCES fir, BOAiC1GAND OCIiVYRECREA'DON _- 7, �tiE•"`• - BUREAU OF CONVEYANCES �itr� N COMMISSION ON WATER RESOURCE MANAGEMENT CONSERVATION AND COASTAL LANDS STATE OF HAWAII CONSERVATION AND RESOURCES ENFORCEMENT ENGINEERING FORESTRY AND WIDLI"E ate of vista's DEPARTMENT OF LAND AND NATURAL RESOURCES IRSTORK:PRESERVATION KAIIOOLAWE ISLAND RESERVE COEBSSION LAND STATE HISTORIC PRESERVATION DIVISION STATE PARKS KAKUHIHEWA BUILDING 601 KAMOKILA BLVD,STE 555 KAPOLEI,HAWAII 96707 November 22.2017 IN REPLY REFER TO: Michael Yee,Planning Director LOG NO:2017.02311 County of Hawaii DOC NO: 1711 SN10 101 Pauahi Street,Suite 3 Archaeology Hilo,HI 96720 Attn. Shancy Watanabe • Aloha Mr.Yee: SUBJECT: Chapter 6E-42 Historic Preservation Review— CIZ Application from Residential(RS-15)to Residential(RS-10)(REZ 17-000224) Waiakea Ahupua`a,South Hilo District,Island of Hawaii TMK:(3)2-4-010:028 Thank you for the opportunity to review this application that was received by our office on October 16, 2017.The ( application proposes to change the zoning from Residential(RS-15)to Residential(RS-10) district for the parcel in ( order to subdivide the 0.5008-acre parcel into two lots. There isl an existing single-family dwelling constructed in 1951 which will remain as a residential unit while the proposed subdivision of the parcel is for estate planning and planned construction of a single-family dwelling on the newly created lot. A review of our records indicates that there are no known archaeological sites and that there has been no archaeological inventory survey(AIS)of this project area.However,available photos indicate that the area has been impacted by urban development and previous grading and grubbing. Based on current information, SHPD's determination is no historic properties affected for the proposed zone change.Please contact Sean Naleimaile at(808)933-7651 or at Sean.P.Naleimaile(a hawaii.gov for any questions or concerns regarding this letter. In the unlikely event that during future construction activities that historic properties such as lava tube openings, concentrations of artifacts, structural remains or human skeletal remains are found during construction activities please cease work in the immediate vicinity of the find,protect the find from additional disturbance, and contact the State Historic Preservation Division at(808)933-7651. Aloha, 3(51 CIA/N• tjat5-0 Susan A.Lebo,PhD Archaeology Branch Chief cc. Darlene Nakamura—Land Division(darlene.k.nakamura(a,hawaii.gov) ROYS Properties LLC-REZI7-000224.shw 12/14/2017 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION OYS PROPERTIES LLC CHANGE OF ZONE APPLICATION (REZ 17-000224) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation of the Change of Zone request be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Planning Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant isrequesting a Change of Zone from a Single-Family Residential - . 15,000 square feet (RS-15) to a Single-Family Residential - 10,000 square feet (RS-10) zoning district for approximately 21,815 square feet (0.5008-acre) of land to subdivide the property into two lots. Each lot will be a minimum of 10,000 square feet in size. One of the resulting lots will retain an existing single-family dwelling built in 1951. Upon approval of the change of zone, the applicant will apply for subdivision approval immediately. The applicant expressed their intent to subdivide the subject parcel for estate planning purposes and plans to build a single-family dwelling on the newly created lot. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The Change of Zone request from a Single-Family Residential- 15,000 square feet(RS-15) to a Single-Family Residential- 10,000 square feet (RS-10) zoning district conforms to the goals, policies and standards of the General Plan Land Use and Housing Elements. 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 1 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 proposed Change of Zone will conform to, among others, the goals, policies and standards of the Land Use and Housing 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 neighborhood, community, region and County. • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibilitywith adjacent zoned uses, availability of public services and utilities, access, and public need. Land Use—Single Family Residential • To maximize choices of single-family residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single-family residential zoned areas. • Designate and allocate single-family residential zoned lands at varying densities for future use in accordance with the needs of the communities and the stated goals, policies, and standards. Housing • Encourage and expand home ownership opportunities for residents. -2- 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 reflects uses that are single-family residential in character. The subject 21,815 square feet property is located at 344 Kehaulani Street, northwest about 165 feet from the W. Kawailani Street and Kehaulani Street intersection in the South Hilo district. The subject property is roughly rectangular in shape and - contains an existing single family dwelling constructed in 1951. The subject property-is relatively level and is situated just above the 200-foot elevation. Under the current zoning, the owners would able to build an Ohana Dwelling on the original lot,but could not subdivide the property. If approved, the applicant could build an Ohana Dwelling on each newly created lot, resulting in twice the amount of density. There is an approved Ohana Dwelling Permit No. OHD 95-48 for an additional dwelling on the subject property, which has never been built. The Planning Director supports this rezoning request to allow a two-lot subdivision, but only on the condition of allowing one dwelling on each lot. Therefore, a condition will be included in the change of zone ordinance to prohibit a second dwelling (Ohana) unit and a condominium property regime on each lot. In addition, a condition will be included stating that upon approval of this Change of Zone, the Planning Director will formally revoke Ohana Dwelling Permit No. 95-48 in writing. As a result, the rezoning will not increase the potential number of houses but gives the landowner the option of subdividing into two lots. The surrounding area is predominantly in single-family residential use and is zoned RS-10 and RS-15. A similar change of zone from RS-15 to RS-10 near the subject property was approved in 2008 as Ordinance No. 08 065. The proposed subdivision is not anticipated to change the visual attributes of the existing coastline from Kehaulani -3- Street or from W. Kawailani Street. The views of Mauna Kea and Mauna Loa from Kehaulani Street will not be affected. The property is not listed as a distinctive and identifiable landmark as identified in the General Plan. The Hilo Municipal Golf Course is located across W. Kawailani Street and up the road about 1,215 feet which is zoned Open. The intermittent Ka`ahakini Stream meanders through the Hilo Municipal Golf Course, and is located about 2,400 feet to the south of the subject property. The proposed Change of Zone and subdivision actions is not expected to impact the Ka`ahakini Stream. Existing noise levels are from traffic and incidental human activity, wind and foliage. As the project will generate construction traffic and equipment noise, the applicant will comply with the State Department of Health's noise regulations. Construction activities will be limited to certain periods of the day. Air quality in the subject area is mostly affected by emissions from natural and vehicular sources, as well as the volcanic haze from Kilauea Volcano. According to the applicant, the existing ambient traffic level in this area is quite low. Stronger EPA restrictions on vehicular emissions will help to reduce long-term impacts. All utilities and services are available to the site. Access to the property is from Kehaulani Street. Kehaulani Street is a County-owned roadway with an approximate 20-foot pavement within a 40-foot right-of-way. The new driveway for proposed Lot 3-B shall comply with Chapter 22, County Streets, of the Hawai`i County Code. The construction of the driveway will require a permit from the Department of Public Works. Therefore, a condition of approval will be added requiring the applicant to comply with Chapter 22, County Streets, of the Hawai`i County Code. According to the Department of Water Supply, water is available from an existing 6-inch waterline within Kehaulani Street fronting the subject parcel. The subject parcel currently has one (1) existing service lateral and one (1) existing 5/8-inch meter fronting the existing parcel, which is limited to an average daily usage of 400 gallons, and suitable for only one single-family dwelling. DWS does not have any objection to the proposed Change of Zone as there are existing services available to each of the two (2) proposed RS-10 lots. Depending on the configuration of the two (2) proposed lots, DWS noted that the applicant may be required to relocate one of the existing meters so that each -4- meter fronts the appropriate lot. The applicant shall inform DWS in writing regarding which lot each meter will be assigned to, should the relocation of any meters not be necessary. The relocation or assignment of the existing meters can be done during the subdivision process. According to the applicant, there is no county wastewater system in this area. Thus, the applicant proposes to install a septic tank system for any new dwellings meeting the approval of the Department of Health. Solid waste will be disposed of by the homeowners or commercial haulers at authorized landfill sites or transfer stations designated by the Department of Environmental Management. Electricity, telephone and cable services are available to the site. Fire protection service is available from the Haihai Station, located less than one (1) mile away. Police service is available from the Hilo Station, located approximately 2.5 miles away. - The property has no severe geological or-topographical problems which cannot be rectified or which would render the land unusable. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM)by the Federal Emergency Management Agency (FEMA). Zone X is an area outside of the 500-year flood plain. All development generated storm run-off shall be disposed of on-site and not allowed onto adjacent properties or roadways. Conditions will be included to address the Department of Water Supply, Department of Health, Department of Environmental Management and the Department of Public Works comments. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management. The property is not located in the Special Management Area. The project site is located about 2.60 miles from the nearest shoreline and will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access to the shoreline or mountain areas that traverses the property. No professional archaeological surveys or cultural assessments were conducted of the property. The Department of Land Natural Resources-State Historic Preservation Division (DLNR-SHPD) issued a "no historic properties affected"letters dated November 22, 2017, stating that no historic properties will be affected by this project. DLNR-SHPD records indicated that there are no known archaeological sites and that there has been no archaeological inventory survey (AIS) of this project area. However, -5- available photos indicated that the area has been impacted by urban development and previous grading and grubbing. 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 impacted by urban development and previous grading and grubbing, 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 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 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. As the property is improved with a single-family dwelling, no professional flora or fauna surveys were -6- conducted of the site. The property is located in an urban setting in an area dominated by single-family residential uses and has been in residential uses for over 40 years. 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 in the unlikely event that during future construction activities that historic properties such as lava tube openings, concentrations of artifacts, structural remains or human skeletal remains are found during construction activities. The DLNR-SHPD respectfully requests that the applicant cease work in the immediate vicinity of the find, protect the find from additional disturbance, and contact the DLNR-SHPD office for further guidance. 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 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 a Single-Family Residential- 15,000 square feet (RS-15) to a Single-Family Residential 10,000 - square feet (RS-10) zoning district would result in an appropriate land use pattern that will further the public necessity, convenience and the general welfare. The accompanying draft bill to amend Section 25-8-33 (City of Hilo 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. -7- ••4pv�11. OF y..I •,... COUNTY OF HAWAII STATE OF HAWAII • ',TE'OF•F1 r,�' BILL NO. ORDINANCE NO. tl l 61,11 1c pari -frei OF HILO ZONE MAP), ORDINANCE AMENDING SECTION 25-8-33 (CITY ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL— 15,000 SQUARE FEET (RS-15) TO SINGLE FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) AT WAIAKEA HOMESTEADS, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-4-010:028. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (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 Waiakea Homesteads, South Hilo, Hawai`i, shall be Single-Family Residential— 10,000 square feet (RS-10): Beginning at a pipe at the northwest corner of this Lot and on the east boundary of Waiakea Homesteads, Lot 612-B, the coordinates of said point of beginning referred to Government Survey Triangulation Station HALAI being 11,493.63 feet south and 7,722.39 feet east, and running by azimuths measured clockwise from true south: 1. 265° 40' 222.00 feet along Lot 4 to a pipe; 2. 0° 04' 30" 100.30 feet along the west side of a 40-foot road to a pipe; 3. 85° 40' 214.29 feet along Lots 2 and 1 to a pipe; 4. 175° 40' 100.00 feet along Waiakea Homesteads, Lot 612-B, to the point of beginning; and containing an area of 21,815 square feet, more or less. -1- 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 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, and to this end the provisions of this ordinance are severable. -2- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: • -3- R5-15 R5-15 R5-15 RS 10 R5-10 RS-15 R5-15 R5-15 R5-15 R5-15 R5-15 = RS 15 R5-15 R5-10 R5-10 R5-15 R5-15 RS 15 125-15 R5-15 SINGLE FAMILY RESIDENTIAL-15,000 SQUARE FEET(RS-15)TO SINGLE FAMILY RESIDENTIAL-10,000 SQUARE FEET(RS-10) R5-15 21,815 SQUARE FEET Z , 0 RS-15 I 11.493.63 s R5-15 R5-15 cn 7722.39'E R8-15 HALay„ R5=15 R5-15 R5-15 R5-15 RS-15 R5-15 R5-15 RS-15 R5-15 R5-15 R5-15 R5-15 R5-15 I W KAWAILANI ST O O Z R5-15 R5-15 R5-15 rn RS 15 R5-15 R5-15 R5-15 R5-15 Feet 0 250 500 750 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL - 15,000 SQUARE FEET (RS-15) TO SINGLE FAMILY RESIDENTIAL - 10,000 SQUARE FEET (RS-10) AT WAIAKEA HOMESTEADS, SOUTH HILO, HAWAII MAP PREPARED BY: TM K:(3)2-4-010:028 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:September 12,2017 EXHIBIT "A" OYS Properties LLC Mao: 1394 COYS Properties LLC-REZ17-000224.shw 12/14/2017 OYS PROPERTIES LLC CHANGE OF ZONE APPLICATION (REZ 17-000224) CONDITIONS OF APPROVAL A. The applicant, their successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Upon approval of this Change of Zone, the Planning Director will formally revoke Ohana Dwelling Permit No. OHD 95-48 in writing. C. Final Subdivision Approval shall be secured 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. A copy of the proposed covenant(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 immediately filed with the Planning Department upon its receipt from the Bureau of Conveyances. E. Subject to other agencies' requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development, the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities, should they be necessary, which may include conveying the water system improvements and necessary easements to the Water Board. F. During the subdivision process, the applicant shall inform the Department of Water Supply in writing of the water meter number assigned to each lot, should the relocation of the existing water meters not be necessary. G. All driveway connections to Kehaulani Street shall conform to Hawai`i County Code Chapter 22, County Streets including but not limited to obtaining a driveway permit from the Department of Public Works. H. All development-generated runoff shall be disposed of on site and not directed toward any adjacent properties. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawai`i County Code. J. During construction, measures shall be taken to minimize the potential of both fugitive dust and runoff sedimentation. Such measures shall be in compliance with construction industry standards and practices utilized during construction projects in the State of Hawai`i. K. The method of sewage disposal shall meet with the requirements of the State Department of Health. L. In the unlikely event that during future construction activities that historic properties such as lava tube openings, concentrations of artifacts, structural remains or human skeletal remains are found during construction activities, the applicant shall cease work in the immediate vicinity of the find, protect the find from additional disturbance and contact the State Historic Preservation Division at (808) 933-7651 for further guidance. M. 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: 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. N. 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. O. The applicant, its successors and/or assigns shall comply with all applicable County, State and Federal codes, laws, rules, regulations and requirements. P. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 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 Director shall submit the applicant's request to the County Council for appropriate action. Q. 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. • OYS PROPERTIES LLC CHANGE OF O APPLICATION (REZEI7-000224) LOCATION MAP Ti _' -1E---4-___11T-i-7, .1"--Hip-t.:_-1,-„__4-4,___1, i,--1i,� �` ) _+-1_,T,____1 --,,I I _ �' 1, ....4'.\ tmil 11 -41 --.-L-- -- / ,/ )1111 Ll- 1 _ ill ..-; IIL- ,!c I Ma- I I'71 --I ---1 ''' 1 iql i____, i P-^: i � It_-1 01 )-l� rL-4a _� ``y I \iii 4-�1 F_ I 1111` ,— :1N L 111n111 L. �. s �— I I''. I I i �_`�— tL ----y,', � - .--7) `, `x�-'`4 _ - = II -isr,, _ A�I -,=--)r � _ 1 -} = I I H i II N IJ ---.. h- I 1 iI ,,,,4__1 ,.L-± 1 r ,1. N4- ii O N ') 4 ___1,11 -.:-4__I i \ &,, ) r--_,. .. t ` ^ 1 _� I L---4 it — + � I� ,��" 'I:' _ - '-1 � I� IIT 1 I —+— / —1--' I I II 2 um r' rtr_- - �� _J —I No _ - ±1M14• I - _ I� II '.) isei_ d--- I - -1}-1 �111��/� I ,�J I- -..t- I I '�1\ v�- ii A 1. 1.____,_ 40,yl II I _SIF-I o 'I 1z J#- I 1 - �I �' _� . �-�li +I ,i 1 ,�II r '1I -II 1 - -H r F — ~� '-_ _ ti r I I ,/� I I I I ��� � 1 I� I I�,�_ __):4___-_-.... -�r�YT -}`� -F-� I I - 1 T -�J t I IIl__Ult - =' -- . L -_-,7 uy I 1 I SI 1 —�I I11 ii - - LE t j r -1I - I Ilj ; 1 Z " I1r Iisams— -T -i, 1- -I ��- IF- Hilo 1 1� -'!+ I A k I F- I Municipal -11--- I� 1 \t7-1- 111 - I1Iu-�--1 111p/ yl•-- Golf - I 1;.. '! ti , 1 a Vii- lir .—,Ii c�„„1,.^ - '- — � ,I awl + - _�r-- {� \1-1- � I ,./)\'.c---r-11--- 1-II - - — I rI-1-- I V._1 it affi \ -3-_, ,, _ '�' �. -� ( -74 I ii ,i_.„t { _ I-- -_-1„-= i__,,__ IT lii 1:, 1 li,,,v p_i__I - ,, I K= I .) T _ `o r F � tiii:1-0 F y— it +,,� — -�.t I l - .sio, /-,,\.., ..-,,-- _. , 1 . 1____-1___11 v..,. .-.,-c- i• ----- - 1 .___ nu-- ' V ..! I. _ _� , -\. ; 1� tip_-- - 1 1 irj 1.1-,3k1L\! --- + 1 S THE APPLICANT IS REQUESTING : • A CHANGE OF ZONE FROM A SINGLE-FAMILY RESIDENTIAL-15,000 SQUARE FEET (RS-15) TO A SINGLE-FAMILY RESIDENTIAL-10,000 SQUARE FEET (RS-10) ZONING DISTRICT TO CREATE A TWO-LOT SUBDIVISION. ■ UPON APPROVAL OF THIS CHANGE OF ZONE, THE PLANNING DIRECTOR WILL FORMALLY REVOKE GHANA DWELLING PERMIT NO. 95-48 IN WRITING. THIS IS CONSISTENT WITH OTHER SIMILAR CHANGE OF ZONES. PRESENTLY, THE EXISTING INFRASTRUCTURE DOES NOT SUPPORT MORE THAN A TOTAL OF TWO DWELLINGS ON THE SUBJECT 21 ,815-SQUARE FOOT PROPERTY. ■ UPON SUBDIVISION, THE APPLICANT WILL CONTINUE TO LIVE IN THEIR CURRENT RESIDENCE. ■ THE NEW MINIMUM 10,000-SQUARE FOOT LOT IS FOR ESTATE PLANNING PURPOSES WITH THE INTENT TO BUILD A SINGLE-FAMILY RESIDENCE. APPLICANT' S PROPOSED SUBDIVISION MAP NOteS t)Noma*0,aboard e/•Dulling parcels ors Ir oro erolldo..1o.Yap r ecar d•. 4n n 2)etolur04•noon n•rtd° d 10<at• by on o<1e41 y 1441 the ground I:::tae In Ae9u•1 0l 2017_ I 3)A7ITulo•4; 4toAota•or••tter red to gar•rnmant Serr•y TriOn6Wof ion SIOI�en NAI AI•. 4)Sue7eel berg.+stated in 267.•A•pee flet 15316606600. 41:17.1t.. ed.rn let t.t!eglyarna 1 n 5no•ew S.vo f•dbo, of. i.mi::::)sl 0 6 1149363 Cl.Sonln N,.o.NI 667,0-5722 77,7.39 fl.Ete1 UM.2-4-073.029 I'D .01 S / / N s Hata tet Isl.. • wol•r De Soto 0 Verret _ (Goner) 763• -,.777.00' Z 337 No,.eo St. 1 / 4D'00• )Ora H,lo.NI 96720-3.51 40.0D•--•23.00' TYA;2-•-010:097 00-,�99.00' 165' Q 47610 765' 40' Cot Port J 1111. ro�O� 416 •'''' � mg" a'� D !/ g l W wi4►�Ap s Pel;o Nou•• II . 00 o Z: LOT 3-8 0 • 0 11,656 S0.FT. 10,994 SO.Ft. Excluding o a LOT 3-A 0032 ed r1 5.415 R,R. R/W Area 10,159 S0. F T. 74.344 rr.rut LEGEND Lot 3 v 3 •2•S3'i5• / .ermine Y•rtin 1 _ 13.59' ...coo/ (lrlr.le•) wr+5+ 0 1/2'rip•doom Wont') `1,, a 347 No.4 St. v l''' h.lo,NI 93730-5401 . 7400:2-4.010093 06 ,40, ,0- 1r7 t9' 4.D"OW. SO -.-;q .iv +o'00 OD lo' 74.4.1c A.'ID'Ot.r p 9 I Lot 7-4 Robb 7o•nte 1 ((Mo„n10 11,0e Y4 GA Co, 4 3421DKune)Po To0ata(Tr,...) 004•10i.h,%9735-1433 1 . 716 w(Kobos) T.:2-0-010:036 00.51. 1-1...N.96130-0579 1 140:3-4-010:021 MAP SHOWING on,• or boa pre 0704 ey nt SUBDIVISION OF LOT 3 dor °,reap eien Prepor ed For OOner OTS Properties. LLC 1265 Kewaiolu Pi BEING A PORTION OF LOT612—A L.Ld•ar° are Nilo. Ni 96720-3669 WAIKEA HOMESTE ADS I,cane•d nro+•ds.dnel land surveyor BEING A PORTION OF LAND PATENT (GRANT) No. 11,442 E.,•Slon0.10:Cettlfiedte .50April O.701494 l b*Daft 16 ma= Prejecl / ON060217 Ieldil9fA..l 0473 Seplembar 1. 2017 INTO LOTS 3—A & 3-8 a ,,,, # Revised.. September 15, 200 L. Edward Pore Ir 6e•. TMK: (3) 2-4-010:026 Licensed Prolessionol Properly Zoning: RS-1S Land Surveyor 18094 LOCATED IN WAIAKEA, DISTRICT OF SOUTH HILO N. u P.O. Box 1086 COUNTY & ISLAND OF HAWAII. STATE OF HAWAII Noolehu, HI 96772 808 443 1174 "1' 00 .0 EPore39O0U n13d.com T' --- -', ZONING MAP ______1 I- I_ ____, (___ -� ____,_IA 1, 1 1 t 1 1, ______1 , 1 ___I__ 1 1 L____:„. _... .i--- ./ __________, Ir. _, _______ ______ ___J_____-___,I 5 ---1 ---------- r-______IL______,) • f' IlI4.- , lJ 1 I'y� 1 _,____A_ ___71 ---L-71*_____I i,____1_____ ----I 1------ ---------11,. --Si .\.------1 \______+______d _ .__ 1 —____r4(1 \ ---; \--- -- 1-----I., - r-- 1 1 _,,i ---1, 1 1, ,____Iii __Hi _________Jk_____ i ____, \ i ________ i, 4....______,, \-- ri I, r--, :1 -i, •-•1 ----1----1 I , \_____L__ _ ...i.--1___"--1' ------.H N_ANL+�iCzA S_t� --_ -t_ 1 ------\ -- _ 4 1-____\ -------- - --+---1 ,r-- �--11 �� I 1 �, ---^+ �1 1 A, ,--,, -- _ 1 I y CN-}1$- - _+ sJ1--,— RS 15 1 L( 1 u_______, r _____ 1 1 — _AN s f 1 �__ 1 A'JvA „ (---T-7-1-1-- i \-j---4-3---1 f` 411 _ 1 11 I — 1 \5: çç* r --\ -1 ji-----_ 1 - , F___________1 ---H---11, §11 _____ ___,_ k__I -----—1 1 -- --.�1 _ IL^-1 D1 1 I �� I \--\ , _ 11_.--- I II ��� �-Lam__,_it _ cT — — I \ __ --- - {- h \ r-7-1 II — LJ --- GENERAL PLAN LUPAG MAP 1I I \ 1\ , _________ , i_____ ______-i 1--- ___________h-r- ] 1\____ A I \ 1 \\:__________-- 1 \_,_______ _1 _i____---1 ?. —1 `' II I _ \-__ ---- - , I r 1 - ._, , _____ II i� it __________ z _____________ LOW 1, b Density \ _ ---- -I- - Urba 1 I \ Mil - \ W KAWA1lAN1 S7 -��-..l i�'� L 11 �y��- ( ( l� II O I \ I l II \ \ 0 11 1 \ 1 cp, _l______L--j I , L - ----1 \---- 1 1 it ��� nL"---'. \ I _i______-----\ 11 I, II1 .�-� STATE LAND USE BOUNDARY MAP 1 j \ _________r__L__n L , ___________\ \_._..._..______1 r ilh _ ___„____:=___= _____ ) :,____-_ _____H\ \_______________1 \ I \ 1„______L___________Itr______, H 1 I1 , , \______ \ ,____________,,I r, ____ _______, _. J_H - __ �_.�-- I ,,, , k__________, \ 1 ° \ � � I T-j�y� I i ---- - Urban II —i)____i_ I-\ 11 \ • \ I___________L____ \ . _ ) -- ____j-- --------r------ I - 1 cm-7—T \ \ I I I j I I \ \ \ \ IL 1 j______ ____ . - \ ti ti \ \ _ A -F TAI PHOTO(iPAPH .... . ..., _ ,. , .,,,, _,,,,,. ,,, . , y ri ._ — t. 1 � l0 r � 1 i r i Y. a s Y v 4— , y r5i . . q'A w. w a t, _ a r rk a✓n,: 4 ..--„,..• F C a a vV:Y]r, �'i �T o i gJ ! D , a .i —I .-:.'.. , S -.''''', — ke;-,',......j':4-'''''' ''''''' 4''.'If''7.''' .\.,. , . _ R pr _ • l:.r .rti ? s ° rte- y a. Y KA • _ TRf 7 � :_._..-.....- u P J� rth- ^ X . oog SITS; PHOTOGRAPH NO. 1 I _-,..---,-- __ __ _ , z- d ••.F. ••sy sem;: R 141% This photo was taken standing on Kehaulani Street, facing towards the subject property. SITI-4,1 PHOTOGRAPH NO. 2 This photo was .•••, • • • taken standing on Kehaulani Street, 7 . facing north towards Hilo Bay. - ,votk 41116, '•••4 t PjF • SITE PHOTOGRAPH NO. 3 ,......,,, ,,,....... - , ,i1..,„-: :,. - . -.,..),,,:,-:''A''' *.fi*it �. rs c� ,, c> as z. y � tri �. This photo was • ' .... taken standing on ,. Kehaulani Street, facing southma towards Puna. _ k �� r r .P� • f PLANNING DIRECTOR' S RECOMMENDATION : FAVORABLE RECOMMENDATION FOR THE CHANGE OF ZONE REQUEST TO THE COUNTY COUNCIL r r WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT JANUARY 4, 2018 A regularly advertised hearing on the application of OYS PROPERTIES, LLC (REZ 17- 000224) was called to order at 9:32 a.m. in the County of Hawai`i Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai`i with Chairman Joseph Clarkson presiding. COMMISSIONERS PRESENT: Joe Clarkson, Donn Dela Cruz, Gregory Henkel, Donald Ikeda, Myles Miyasato, and Thomas Raffipiy. ALSO PRESENT: Michael Yee (Planning Director). Malia Ho Hall (Deputy Corporation Counsel for the Windward Planning Commission), Jeff Darrow (Planning Program Manager), Maija Jackson (Planner), Christian Kay(Planner)Viand Sarah Hata-Finley(Commission Secretary). And 14 members from the public in attendance. APPLICANT: OYS PROPERTIES;-LLC_(REZ 17-000224) Application for a Change of Zone from a Single_Family Residential– 15,000 square feet (RS-15) to Single-Family Residential_- 10,000 square feet`(RS-10) zonmgdistrict for approximately 21,815 square feet of land The-subject property is located at 344 Kehaulani Street, about 165 feet from the northwest corner of.the W. Kawailani Street and Kehaulani Street intersection in the Waiakea Homesteads; Waiakea,~South Hilo,Hawaii, TMK 2-4-010:028. CLARKSON: :.Hearing that no:one is wishing to testify on the second item on the agenda, we'll proceed to.the third which is an application for Change of Zone by OYS Properties, LLC, and would you-make— JACKSON: —Thank you, Chair Clarkson. Okay, the next item on the agenda is a Change of Zone request, and the Applicant is OYS Properties, LLC, and Christian and Jeff told me how to use the clicker so hopefully this will go faster. We'll see. There we go. Okay, the subject property_is located in the South Hilo District within Hilo Town near the Hilo Muni Golf Course. You can see the golf course in green on the bottom of the slide. You have Kawailani Street running in-at east-west direction here, and Kehaulani Street running north- south. The subject property fronts Kehaulani, and it's outlined in red here. The Applicant is requesting a Change of Zone from a Single-Family Residential– 15,000 square foot to a Single-Family Residential– 10,000 square foot zoning district in order to create a two-. lot subdivision. Upon approval of the Change of Zone, the Planning Director will revoke the Ohana Dwelling Permit that is, currently applies to the property. This is consistent with other similar Change of Zone requests. The existing infrastructure does not support more than a total of two dwellings on the 21,815-square foot property. 1 Upon subdivision into a two-lot subdivision, the Applicant will continue to live in their current residence, and they intend to use the new 10,000-square foot lot for estate planning purposes to build a single-family residence. This is the Applicant's proposed subdivision plan. You can see Kehaulani Street on the right side of the slide. The existing house is located here, and so the lot would be subdivided to create a new flag lot with the driveway for the new lot located on the south portion of the property. The zoning for the property is Single-Family Residential— 15,000, square feet. You can see there were two similar rezones just to the north of that to RS-10. Those'are shown in the yellow color, and they both created similar flag lot situations. The General Plan designation for the property and the entire area:is Low Density Urban. This allows residential units, I believe up to five units per"acre. And, State Land Use District for the Hilo area is Urban, which is shown in pink. This is an aerial photo. You can see Kehaulani Street on the right side of theproperty. Kawailani Street on the bottom of the-slide. And, this area mostly consists of Single-Family residences. Here's the existing dwelling:and then a future.dwelling would be located on the rear portion of the lot. Okay, this is a photo of the existing dwelling and driveway. And,, this is Kehaulani Street. It's a paved County road. This is looking towards Hilo Baywitl the driveway on the left and looking towards Kawailani Street-with the property on the right side.. The Planning Director is recommending a favorable,recommendation for the Change of Zone be sent to the County Council:.And, that:concludes my'presentation. I'd be happy to answer any questions you have CLARKSON: Any questions from the Commission for staff? If not, thank you. Will the Applicant or their representative please come forward'? KERN: There we go. Good morning, Mr. Chair, Members of the Planning Commission. Mr. Director. CLARKSON: Let me swear you in first. KERN: Very good. CLARKSON: Do you swear or affirm to tell the truth before the Commission? KERN: Yes, I do, and my name is Zendo Kern, and I'm representing the Applicant. And, good morning to staff and Happy New Year everybody. 2 This one is relatively straightforward. I think staff did a great job on the presentation, and I'm here to answer any questions that there may be. I have not received—I received one phone call from surrounding property owners, and it was more just a confusion. They, the drawing of the house looked similar to their house, and they were saying what's going on with my property, so I explained to them that it wasn't their property, it was a different property, and that we wouldn't be able to do anything to their property unless we had permission from them. I said that if they had any additional questions to please contact me, I'd be happy to go out and meet with them on- site, explain anything. Haven't heard anything back, so that's the only feedback I've gotten, and I guess I'm here to answer any questions. HENKEL: Zendo, it was mentioned that there was an ohana'dwelling permit that's going to be rescinded. Is there there's not a dwelling,just a permit KERN: No, there's no, there is no—it's just a permit `So, yeah,---I`made the Applicant aware of that there'd be no ohana or any future ohana dwellings permitted oray type of condominium property regime allowed. So, basically, at the highest extent, it would be;able to subdivide it into these two lots and build an additional single-family residence on the new=:lot: So, it'd be two homes per that entire parcel. HENKEL: Thanks. CLARKSON: Anymore questions from the Commission? MIYASATO: Zendo,justthe conditions, if you'll KERN: Oh yes, yes We:have reviewed the conditions and recommendation and the Applicant agrees with them, and sorry,the Applicant had plans to be on Oahu today so sorry, she couldn't make it here for that, but yes;-_tive accept the.conditions. CLARKSON: If there are nomore questions, thank you, Mr. Kern. KERN Thank you. CLARKSON: You may be seated. There is no one signed up to testify on this application this morning, so I'll need a motion to close public testimony. DELA CRUZ: Move to closepublic testimony. HENKEL: Second. CLARKSON: Okay, it's been moved by Commissioner Dela Cruz and seconded by Commissioner Henkel to close public testimony. All those in favor? COMMISSIONERS: Aye. 3 CLARKSON: Opposed? Motion carries. Public testimony is closed. At this point, we need a motion for action. Don't be shy. IKEDA: Mr. Chairman, I move that a favorable recommendation be forwarded to the County Council on the application for a Change of Zone, Docket No. REZ 17-000224 based on the Planning Director's recommendation and proposed conditions. HENKEL: Second. CLARKSON: It's been moved by Commissioner Ikeda and seconded by Commissioner Henkel n to approve the application for rezone, and is there any discussio prior to vote? If not, we'll have the vote on this matter,please. JACKSON: Okay, Commissioner Ikeda? IKEDA: Aye. JACKSON: Commissioner Henkel? _ HENKEL: Aye. JACKSON: Commissioner Dela Cruz?_ DELA CRUZ: ,Aye. _ JACKSON: Commissioner Miyasato? MIYASATO Ave. JACKSON:' Commissioner.Raffipiy? RAFFIPIY Aye. JACKSON: And, Chair Clarkson CLARKSON: Aye JACKSON: Okay, the motion carries six, zero. 4 i CLARKSON: And, you'll be notified in writing of the action today by the Commission. The discussion ended at 9:41 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary ission Windward,P=lanning Comm 5