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Home My WebLink AboutCOM 0919.000 2016-2018 ;�t OF.......... . • + ' Wil Okabe • Managing Director Harry Kim ' s;�/�t•'; Mayor _ Barbara J.Kossow '.,+rf: Deputy Managing Director TF•OF MF'��. CCintnt r iif Rafintil ®ff rt .af f >e Allyn 25 Aupuni Street,Suite 2603 • Hilo,Hawai`i 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawai`i 96740 (808)323-4444 • Fax(808)323-4440 April 26, 2018 o . a.c) Valerie T. Poindexter, Council Chair ;0 "`� and Members of the County Council -Fir) County of Hawai`i b 25 Aupuni Street `•Q Hilo, HI 96720 Dear Chair Poindexter and Members: SUBJECT: Change of Zone Application (REZ 18-000226) Request: A-20a to A-6a Applicant: Kelly and Joanne Jarneski Tax Map Key: 2-5-047:033 and 034 As required by Chapter 7, Sec. 6-7.5 (a), Hawai`i County Charter, transmitted herewith for the County Council's consideration and action are the Windward Planning Commission's letter and enclosures regarding the above-referenced request. Sincerely, AIP . IL OKABE Acting Mayor MTransCouneilJameskiREZ 18-226 Enclosures cc: Planning DepartmentI <b.‘ttComm. No. CI i�1 Ref. To: Ref. dote MAY 0 2 2018 County of Hawai`i is an Equal Opportunity Provider and Employer. h Clarkson,Chair Harry Kim Jose`'• �"^ �� : '� p Mayor ;�*z, . t Donald Ikeda,Vice Chair • •_ Gilbert Aguinaldo : w w;.�� Donn Dela Cruz .''• .N OF'►+e''''' - Thomas Raffipiy John Replogle 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 APR 2 6 2018 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 18-000226) Request: A-20a to A-6a Applicant: Kelly and Joanne Jarneski Tax Map Key: 2-5-047:033 and 034 The Windward Planning Commission, at its duly held public hearing on April 5, 2018, recommended for your approval the proposed legislative bill for an Change of Zone from an Agricultural-20 acres (A-20a) to an Agricultural-6 acres (A-6a) zoning district. The property is located at on the west side of Akolea Road, about 550 feet north of the intersection of Kaumana Drive and Akolea Road, portion of Ponahawai-Kaumana Homesteads, South Hilo, Hawai`i. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicants are requesting a change of zone for two (2) contiguous twenty • - acre parcels from A-20a to A-6a for approximately forty(40) acres of land in order to create a six (6) lot subdivision. The subject properties are located on the west side of Akolea Road, about 550 feet north of the intersection of Kaumana Drive and Akolea Road, portion of Ponahawai-Kaumana Homesteads, South Hilo, Hawai`i, TMK's: (3)2-5-047:033 and 034. Four of the proposed lots will be a minimum of six (6) acres and two (2) lots will be about eight (8) acres each. According to the Zoning Code, the purpose of the Agricultural district is to provide for agricultural and very low density agriculturally-based residential use, encompassing rural areas of good to marginal Hawai`i County is an Equal Opportunity Provider and Employer Valerie Poindexter, Council Chair and Members of the County Council Page 2 agricultural and grazing land, forest land, game habitats, and areas where urbanization is not found to be appropriate. The applicants are requesting the change of zone in order to create a six (6) lot subdivision. Upon final subdivision approval, the applicants plan to sell five (5) of the resulting lots. The applicants will continue living in the existing permitted dwelling located on TMK: (3) 2-5-047:034. The remainder of Parcel 34 is pasture land for grazing cattle. Parcel 33 is vacant of structures, and is currently pasture land for cattle grazing. 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 be also considered as they may have an impact on similar areas in the County. The proposed Change of Zone from an Agricultural 20-acres (A-20a) to an Agricultural 6-acre (A-6a) zoned district will conform to, among others, the following goals, policies and standards of the Land Use and Economic General Plan Elements and the General Plan 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 proposed request conforms to the LUPAG Map, which for Parcel 33, the General Plan indicates mostly Important Agricultural Lands with a portion of Low Density Urban and an even smaller portion of Medium Density Urban. For parcel 34, the General Plan indicates mostly Important Agricultural Lands and a sliver of Extensive Agriculture. Important agricultural lands are those lands with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors. Extensive Agriculture are lands that are not classified as Important Agricultural Land and includes lands that are not capable of producing sustained, high agricultural yields without the intensive application of modern farming methods and technologies due to certain physical constraints such as soil composition, slope, machine tillability and climate. Other less Valerie Poindexter, Council Chair and Members of the County Council Page 3 intensive agricultural uses such as grazing and pasture may be included in the Extensive Agriculture category. Low Density Urban are residential, with ancillary community and public uses, and neighborhood and convenience-type commercial uses with overall density up to six (6)units per acre. Medium Density Urban are village and neighborhood commercial and single family and multiple family residential and related functions up to 35 units per acre. On the Agricultural Lands of Importance to the State of Hawai`i (ALISH) map, the majority of both properties are identified as "Prime Agricultural Land"with a sliver on each parcel as "Unclassified". Most of Parcel 33 is classified as "C"or"Fair" for agricultural soil productivity with the length of the property line parallel to Kaumana Drive as "unclassified." The entirety of Parcel 34 is classified as "C" or"Fair" for agricultural soil productivity. The U.S. Department of Agriculture (U.S.D.A.) indicates that the soil survey for the subject properties are lava flows, pahoehoe (rLW), which has been mapped as a miscellaneous land type. This lava has a billowy, glassy surface that is relatively smooth, though can be rough and broken in some areas. In areas of higher rainfall, this lava contributes to the ground-water supply. Kaiwiki silty clay loam, 0 to 10 percent slope (KaC), is low on the windward side of Mauna Kea. Permeability is rapid, runoff is slow and erosion hazard is slight. Roots can penetrate to a depth of five (5) feet or more. The two (2) subject properties are approximately twenty(20) acres in size with a combined land size of forty(40) acres. Both parcels sit around the 1,100-foot elevation gradually sloping down towards the east. Parcel 33 is shaped like a capital letter 'T' with the bottom shortened about two-thirds down, and is currently used for pasture land. Parcel 34 is a five-sided polygon, and is improved with a single-family dwelling built in 2007 and is located in the northeastern corner about 300 feet in from Akolea Road. The remainder of Parcel 34 is overgrown with Wainaku grass. Surrounding properties are zoned agricultural (A-20a and A-3a) to the north and east across Akolea Road. To the south and west are properties zoned A-20a. Uses in the immediate area include scattered single-family dwellings, farm dwellings and agricultural activities. Both properties are in the State Land Use Agricultural district. The Hilo Community Development Plan (CDP), adopted as Planning Commission Resolution No. 1 on May 21, 1975, identifies the property for agricultural use. The proposed change of zone would complement the existing land uses in this area and will provide for orderly development of the area. Valerie Poindexter, Council Chair and Members of the County Council Page 4 A major concern in allowing a rezoning of agricultural land which creates smaller lot sizes is that this will reduce the potential use of the land for commercial agriculture by fragmenting the land into areas too small to be farmed on a commercial scale. While a few crops can be intensively cultivated on very small acreage, usually these crops have a very limited market. Reducing the size of the lots could reduce the range of potential agricultural uses and the range of market opportunities for those crops. In this particular situation, the applicants constructed a dwelling for themselves on one lot while reserving the proposed remaining lots for sale. The newly created lots will still have the potential to be used for farming or agricultural purposes. As an alternative to applying for a change of zone with the current zoning, land size and meeting other infrastructure requirements from reviewing agencies, the owner could build a second dwelling related to active farming on a commercial scale (called a farm dwelling) on the lot. However, the applicant could not further subdivide the subject property to convey that land area. Should this request be approved, the applicants could potentially apply for an Additional Farm Dwelling, allowing for the construction of a second dwelling unit(meeting the criteria for a farm dwelling) on each lot. The potential to allow additional dwellings may contribute to the cumulative burden on the existing infrastructure. As such, a condition is included to prohibit a second dwelling unit (also known as a farm dwelling) and/or a Condominium Property Regime (CPR) on each lot. The condition will require that restrictive covenants be included in the deeds of all the proposed lots for the subdivision prohibiting second dwelling units to preserve the residential/agricultural ambience of the area. The proposed Change of Zone will conform to, among others, the goals, policies and standards of the Land Use and Economic General Plan Elements: 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 5 • 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. Economic • Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. • Economic development and improvement shall be in balance with the physical, social and cultural environments of the island of Hawai`i. • Provide an economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural and social environment. The proposed change of zone is consistent with the General Plan designation for the area. Section 13.2.5.2.2(j) Courses of Action of the General Plan states, improve Akolea Road between Pi`ihonua and Kaumana Drive and construct its extension to the upper reaches of Ainaola Drive to provide a cross-city connection between upper Wailuku and Waiakea-Uka. -To achieve this policy, the Planning Director recommends . future road widenings consistent with the City of Hilo Zone Map, adopted by Ordinance No. 187 in 1968. All essential utilities and services are available to the property. Access to each of the subject properties is from Akolea Road, which is a County owned and maintained roadway with a minimum twelve (12) feet of pavement up to twenty(20) feet of pavement width along the frontage of the subject properties within the existing thirty(30) foot wide right-of-way. For each Parcel 33 and 34, the applicant proposes two side-by-side flag lots and one lot directly fronting Akolea Road in their conceptual subdivision map. Opposite of Akolea Road, the subject properties also front a private road extension of Wilder Road,known as TMK: (3) 2-5-047:014. The City of Hilo Zone Map (Ordinance No. 187) identifies Akolea Road as a secondary arterial with a proposed 80-foot right-of-way. There is an existing ten (10) foot wide easement for the Hawai`i Electric Light Company(HELCO) for an overhead transmission.line fronting Akolea Valerie Poindexter, Council Chair and Members of the County Council Page 6 Road. As Akolea Road has an existing thirty(30) foot wide right-of-way, a future road widening of twenty-five (25) feet wide on each side of the road would help to achieve the City of Hilo Zone Map 80-foot wide right-of-way for Akolea Road. As mentioned above, the Planning Director recommends a condition requiring the applicant identify and dedicate a twenty-five (25) future road widening easement along the Akolea Street frontage in conformance with the City of Hilo Map. There is an existing waterline within Akolea Road fronting the subject parcels. There is one (1) existing service lateral and one (1) existing meter fronting the existing parcels providing a maximum of one (1)unit of water to each parcel. There is a maximum of four (4) additional units of water(or an average of 1,600 gallons per day) that can be made available between the subject parcels. Each unit of water is equal to an average daily usage of 400 gallons and suitable for only one (1) single-family dwelling. A water commitment is required for the requested four(4) additional units of water. The applicant shall construct the necessary water system improvements and remit the prevailing facilities charge upon completion of the installation of the required water system improvements and the effecting the properly prepared and conveyed documents, prior to final subdivision approval. The preceding are recommended as conditions of approval for this change of zone ordinance. County sewer service is not available in the area. The applicant indicates that the Hilo landfill will be closing, which is the nearest solid waste disposal location. According to the 2018 South Hilo Landfill Final Closure Final Environmental Assessment, the County of Hawai`i Department of Environmental Management will continue to implement its current waste diversion program, as well as explore other options to effectively divert waste from the island waste stream, which will help to reduce the impacts and costs associated with trucking waste from East Hawai`i to the West Hawai`i Sanitary Landfill. All essential utilities are available to the subject properties. Fire and medical services are available from the Kawailani Fire Station. Police services are available from the Hilo Police Station. Concurrency requires a traffic study whenever a proposed development will generate over 50 peak hour trips. Based on the subject request, a Traffic Impact Analysis Report (TIAR) is not required. The nearest Civil Defense siren is located less than 3,750 feet away at the Kaumana Caves. The proposed project does not trigger the requirement of an additional Civil Defense siren at this time. Valerie Poindexter, Council Chair and Members of the County Council Page 7 There are no severe geological or topographical problems for either of the subject parcels that cannot be properly rectified or which would render the land unusable. According to a February 15, 2018 memo from the Department of Public Works Engineering Division, a portion of Parcel 33 is in an area designated as Flood Zone AE on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency(FEMA). Flood Zone AE is the Special Flood Hazard Area inundated by the 100-year flood (1% chance of occurring in any given year) where flood elevations have been determined. The remainder of Parcel 33 and the entire Parcel 34 are in an area designated as Zone X on the FIRM by FEMA. Zone X is an area determined to be outside the 500-year floodplain. All development-generated runoff shall be disposed of onsite and not directed toward any adjacent properties. A drainage study shall be prepared and the recommended drainage system shall be constructed meeting the approval of the Department of Public Works. There are no known streams that traverse the subject properties. The nearest stream is the non-perennial Kaluiiki tributary from the Wailoa River, which is about 329 feet to the north and flows down towards the east (away from the subject properties). Any project and its potential impacts to State waters must meet State and Federal rules and regulations. According to the State Department of Health, lands formerly used for sugarcane production are now being developed into communities where residential homes, schools and commercial businesses are being constructed. Chemicals associated with the sugarcane industry persist in soil today and may be a threat to public health and the environment. Elevated arsenic levels were discovered in soil at former sugarcane production areas on the islands. The State Department of Health Hazard Evaluation and Emergency Response (HEER) Office has identified former sugarcane production areas for assessment throughout the state and plans to work with property owners to conduct environmental assessments to identify and address elevated soil arsenic levels prior to finalizing development plans for the properties. Air quality in the subject area is mostly affected by emissions from natural and vehicular sources, as well as the volcanic haze from the Kilauea Volcano. According to the State Department of Health, the applicant would need to meet the requirements of the Department of Health Air Pollution Rules, Chapter 60.1, Title 11, State of Hawai`i for fugitive dust control. Existing noise levels are from traffic and incidental human activity, livestock, 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. Valerie Poindexter, Council Chair and Members of the County Council Page 8 The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The entire State of Hawai`i lies within the Coastal Zone Management (CZM) area. The intent of the Coastal Zone Management Program is to guide and regulate public and private uses in the CZM area with respect to recreational resources, historic resources, public access to shoreline, scenic and open space resources, coastal ecosystems, marine resources, economic uses, coastal hazards, managing development, public participation and beach protection. Both subject properties, at about the 1,100-foot elevation, are not situated within the County's Special Management Area(SMA) and are located over four (4) miles from the nearest coastline. The proposed change of zone and the subsequent subdivision are not anticipated to change the visual attributes of the existing views of the ocean from North Wilder Road or from Akolea Road. The views of Mauna Kea and Mauna Loa from Kaumana Drive will not be affected. The property is not listed as a distinctive and identifiable landmark as identified in the Hawai`i County General Plan. Thus, the proposed request and use of the property will not adversely impact those resources. Due to previous grading, grubbing and cattle grazing activity, the applicants. indicated that it is unlikely that any threatened or endangered floral or faunal species are present on the property. At the time of this writing, the U.S. Fish and Wildlife Service (USFWS) had not commented on the proposed project. However, in other nearby projects, the USFWS stated that the endangered Hawaiian Hawk and Hawaiian Hoary Bat have been observed in the vicinity of the proposed project area. In addition, the endangered Hawaiian Petrel, the threatened Newell's shearwater and the band-rumped storm petrel may transit the project area. According to USFWS, "potential impacts to seabirds can be minimized by: 1) shielding outdoor lights associated with the project, particularly when used during each year's peak fledging period (September 15 through December 15); 2) avoiding night-time construction; and 3) providing all project staff with information regarding seabird fallout. Conditions will be included to address the USFWS concerns regarding the endangered Hawaiian Hawk (Buteo solitarius), Hawaiian Hoary Bat (Lasiurus cinereus semotus), Hawaiian Petrel (Pterodroma sandwichensis), Newell's shearwater(Puffinus auricularis newelli) and the band-rumped storm petrel (Oceanodroma Castro). Presently, the applicant states that 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. The DLNR-SHPD has Valerie Poindexter, Council Chair and Members of the County Council Page 9 determined that no historic properties will be affected by the proposed rezone. 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` ina" 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 bulldozed and cleared, it is unlikely that there are any valued cultural, historical, and natural resources to be found in the rezoning area. Possible adverse effect or impairment of valued resources: There is no evidence of any possible adverse effects or impairments will occur to any valued resources. Since the property was formerly used for sugar cane cultivation and has been disturbed in the past, it is unlikely that any archaeological or historic features exist on the property. Additionally, there is no evidence that the flora in the area are particularly desired or used for cultural practices. Feasible actions to protect native Hawaiian rights: As there is no evidence of any valued cultural, historical, and/or natural resources found on the site, there is no action to be taken. A condition of approval will be added for the protection of inadvertent finds should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered. The applicants shall cease work in the immediate area, protect the find from additional disturbance and contact the Department of Land and Natural Resources— State Historic Preservation Division (DLNR-SHPD). Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. Valerie Poindexter, Council Chair and Members of the County Council Page 10 Lastly, this approval is made with the understanding that the applicant remains responsible for complying with all other applicable County, State and Federal 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, compliance with State Health Department environmental/sanitation/health-related regulations, 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 and/or commissions. Based on the above findings, approval of the Change of Zone request from an Agricultural 20-acre (A-20a) to Agricultural 6-acre (A-6a) zoned district would result in an appropriate land use pattern that is consistent with the General Plan, and will further the public necessity and convenience and the general welfare. The accompanying draft bill to amend Section 25-8-33 (City Of Hilo Zone Map) is provided for your favorable consideration. Please note the proposed conditions of approval are attached to the draft bill. We are enclosing copies of the staff Background, Planning Director's Recommendation, the Power point presentation and a draft transcript of the hearing for your information. Sincer ly,zzdy Josep Clarkson, Chairman Windward Planning Commission LJarneskiREZ 18-226wpc2 Enclosures . Valerie Poindexter, Council Chair and Members of the County Council Page 11 cc: Ms. Lori Mikkelson, All Aina Services Kelly and Joanne Jarneski Department of Public Works Department of Water Supply Department of Land&Natural Resources-HPD Amy Self, Esq., Corporation Counsel BJarneskiREZ.shw—03/22/2018 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT KELLY & JOANNE JARNESKI CHANGE OF ZONE APPLICATION (REZ 18-000226) KELLY and JOANNE JARNESKI has submitted an application for a Change of Zone from an Agricultural-20 Acres (A-20a) to an Agricultural-6 Acres (A-6a) Zoning district for approximately forty (40) acres of land. The subject properties are located on the west side of Akolea Road, about 550 feet north of the intersection of Kaumana Drive and Akolea Road, portion of Ponahawai-Kaumana Homesteads, South Hilo, Hawai`i, TMK's: (3)2-5-047:033 and 034. PROPOSED ACTION 1. Applicants Request: The applicants are requesting a change of zone for two (2) contiguous twenty-acre parcels from A-20a to A-6a in order to create a six (6) lot subdivision. Four (4) of the lots will be a minimum of six (6) acres and two (2) lots will be about eight (8) acres each. The two parcels consist of approximately forty(40) acres of land in total. According to the Zoning Code, the purpose of the Agricultural district is to provide for agricultural and very low density agriculturally-based residential use, encompassing rural areas of good to marginal agricultural and grazing land, forest land, game habitats, and areas where urbanization is not found to be appropriate. Requirements for establishing a land use in the Agricultural-zoning district, including a list of the variety of permitted land uses, are shown in Sections 25-5-70 through 77 of the Hawai`i County Code, Chapter 25 Zoning. (Planning Department (PD) Exhibit 1 - Zoning Code Requirements for the Agricultural District) 2. Reason for the Request: The applicants are requesting the change of zone in order to create a six (6) lot subdivision. Upon final subdivision approval, the applicants plan to sell five (5) of the resulting lots. The applicant will continue living in the existing permitted dwelling located on TMK: (3) 2-5-047:034. The remainder of Parcel 34 is -1- pasture land for grazing cattle. Parcel 33 is vacant of structures, and is currently pasture land for cattle grazing. (PD Exhibit 2 - Change of Zone Application) 3. Landowner: Kelly R Jameski/Joanne M. K. Jameski Trust. STATE AND,COUNTY PLANS 4. State Land Use Designation: Agricultural. 5. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: • For Parcel 33, the General Plan indicates mostly Important Agricultural Lands with a portion of Low Density Urban and an even smaller portion of Medium Density Urban. • For Parcel 34, the General Plan indicates mostly Important Agricultural Lands and a sliver of Extensive Agriculture. 6. County Zoning: A-20a (Agricultural district with a minimum building site of twenty acres). The Agricultural zoning district provides for agricultural and very low density agriculturally-based residential use, encompassing rural areas of good to marginal agricultural and grazing land, forest land, game habitats, and areas where urbanization is not found to be appropriate. 7. Hilo Community Development Plan (CDP): The Hilo CDP, adopted as Planning Commission Resolution No. 1 on May 21, 1975, identifies the property for agricultural use. 8. Chapter 205A, HRS, Coastal Zone Management Program: The entire State of Hawai`i lies within the Coastal Zone Management (CZM) area. The intent of the Coastal Zone Management Program is to guide and regulate public and private uses in the CZM area with respect to recreational resources, historic resources, public access to shoreline, scenic and open space resources, coastal ecosystems, marine resources, economic uses, coastal hazards, managing development, public participation and beach protection. 9. Special Management Area (SMA): Both subject properties are not situated within the County's Special Management Area and are located over four(4) miles from the nearest coastline. -2- DESCRIPTION OF PROPERTY AND SURROUNDING AREA 10. Subject Properties: The two (2) subject properties are approximately twenty(20) acres each for a combined land size total of forty(40) acres. Both parcels sit about the 1,100-foot elevation gradually sloping down towards the east. Parcel 33 is shaped like a capital letter 'T' with the bottom shortened about two-thirds down, and is currently used for pasture land. Parcel 34 is a five-sided polygon, and is improved with a single-family dwelling built in 2007 and is located in the northeastern corner about 300 feet in from Akolea Road. The remainder of Parcel 34 is overgrown with Wainaku grass. 11. Surrounding Zoning and Land Uses: Surrounding properties are zoned agricultural (A-20a and A-3 a) to the north and east across Akolea Road. To the south and west are properties zoned A-20a. Uses in the immediate area include scattered single-family dwellings, farm dwellings and agricultural activities. 12. Agricultural Lands of Importance to the State of Hawaii (ALISH): The majority of both properties are identified as "Prime Agricultural Land"with a sliver on each parcel as "Unclassified". 13. Land Study Bureau's Detailed Land Classification System: Most of parcel 33 is classified as "C" or"Fair" for agricultural soil productivity with the length of the property line parallel to Kaumana Drive as "unclassified." The entirety of Parcel 34 is classified as "C" or"Fair" for agricultural soil productivity. 14. U.S.D.A. Soil Survey: Lava flows, pahoehoe (rLW), has been mapped as a miscellaneous land type. This lava has a billowy, glassy surface that is relatively smooth, though can be rough and broken in some areas. In areas of higher rainfall, this lava contributes to the ground-water supply. Kaiwiki silty clay loam, 0 to 10 percent slope (KaC), is low on the windward side of Mauna Kea. Permeability is rapid, runoff is slow and erosion hazard is slight. Roots can penetrate to a depth of five (5) feet or more. 15. Flood Zone: According to a February 15, 2018 memo from the Department of Public Works Engineering Division, a portion of Parcel 33 is in an area designated as Flood Zone AE on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency(FEMA). Flood Zone AE is the Special Flood Hazard Area inundated by the 100-year flood (1% chance of occurring in any given year) where flood -3- elevations have been determined. The remainder of Parcel 33 and the entire Parcel 34 are in an area designated as Zone X on the FIRM by FEMA. Zone X is an area determined to be outside the 500-year floodplain. According to DPW, all development-generated runoff shall be disposed of onsite and not directed toward any adjacent properties, and a drainage study shall be prepared and the recommended drainage system shall be constructed meeting their approval. 16. 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 the Kilauea Volcano. According to the State Department of Health, the applicant would need to meet the requirements of our Department of Health Air Pollution Rules, Chapter 60.1, Title 11, State of Hawai`i for fugitive dust control. 17. Noise Impacts: 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. 18. Soil Quality: According to the State Department of Health, lands formerly used for sugarcane production are now being developed into communities where residential homes, schools and commercial businesses are being constructed. Chemicals associated with the sugarcane industry persist in soil today and may be a threat to public health and the environment. Elevated arsenic levels were discovered in soil at former sugarcane production areas on the islands. The State Department of Health Hazard Evaluation and Emergency Response (HEER) Office has identified former sugarcane production areas for assessment throughout the state and plans to work with property owners to conduct environmental assessments to identify and address elevated soil arsenic levels prior to finalizing development plans for the properties. 19. Flora/Fauna Resources: There was no formal flora and/or fauna study conducted for this Change of Zone request. Due to previous grading, grubbing and cattle grazing activity, the applicants indicated that it is unlikely that any threatened or endangered floral or faunal species are present on the property. At the time of this writing, the U.S. Fish and Wildlife (USFWS) had not commented on the subject project. However, in -4- other projects in the nearby vicinity, the USFWS stated that the endangered Hawaiian Hawk and Hawaiian Hoary Bat have been observed in the vicinity of the proposed project. In addition, the endangered Hawaiian Petrel, the threatened Newell's shearwater and the band-rumped storm petrel may transit the project area. In those previous cases, the USFWS recommended mitigation measures to avoid and minimize project impacts to the listed species. According to USFWS, "potential impacts to seabirds can be minimized by: 1) shielding outdoor lights associated with the project, particularly when used during each year's peak fledging period (September 15 through December 15); 2) avoiding night-time construction; and 3)providing all project staff with information regarding seabird fallout. 20. Archaeological/Historical Resources:' In a letter dated March 13, 2018, the Department of Land and Natural Resources - State Historic Preservation Division (DLNR-SHPD) determined no historic properties will be affected by the proposed rezone because the property has been subject to previous agricultural uses. 21. Cultural or Native Gathering Rights: According to the applicant, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of any known valued cultural, historical or native resources in the area. 22. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the subject property. 23. Scenic and Visual Resources: The proposed change of zone and the subsequent subdivision are not anticipated to change the visual attributes of the existing views of the ocean from North Wilder Road or from Akolea Road. The views of Mauna Kea and Mauna Loa from Kaumana Drive will not be affected. The property is not listed as a distinctive and identifiable landmark as identified in the Hawai`i County General Plan. 24. Streams and Other Waterways: There are no known streams that traverse the subject properties. The nearest stream is the non-perennial Kaluiiki tributary from the Wailoa River, which is about 329 feet to the north and flows down towards the east (away from the subject properties). Any project and its potential impacts to State waters must meet State and Federal rules and regulations. -5- PUBLIC UTILITIES AND SERVICES 25. Access: Access to the subject properties is from Akolea Road, which is a County owned and maintained roadway with a minimum twelve (12) feet of pavement up to twenty(20) feet of pavement width within the existing thirty(30) foot wide right-of-way. For each Parcel 33 and 34, the applicant proposes two side-by-side flag lots and one lot directly fronting Akolea Road. The City of Hilo Zone Map (Ordinance No. 187) identifies Akolea Road as a secondary arterial with a proposed 80-foot right-of-way. There is a ten (10) foot wide easement for the Hawai`i Electric Light Company(HELCO) for an overhead transmission line fronting Akolea Road. Opposite of Akolea Road, the subject properties also front a private road extension of Wilder Road, known as TMK: (3) 2-5-047:014. As Akolea Road has an existing thirty(30) foot wide right-of-way, a future road widening of twenty-five (25) feet wide on each side of the road would help to achieve the City of Hilo.Zone Map 80-foot wide right-of-way for Akolea Road. 26. Water: According to the Department of Water Supply(DWS), there is an existing waterline within Akolea Road fronting the subject parcels. There is one (1) existing service lateral and one (1) existing meter fronting the existing parcels providing a maximum one (1) unit of water to each existing parcel. There is a maximum of four (4) additional units of water (or an average of 1,600 gallons per day) that can be made available between the subject parcels, based on the proposed use. Each unit of water is equal to an average daily usage of 400 gallons and suitable for only one (1) single-family dwelling. A water commitment is required for the requested four(4) additional units of water. The applicant shall construct the necessary water system improvements and remit the prevailing facilities charge upon completion of the installation of the required water system improvements and the effecting the properly prepared and conveyed documents, prior to final subdivision approval. 27. Wastewater: County sewer service is not available in the area. The applicant will be required to install a new individual wastewater system that meets the State Department of Health rules and regulations. -6- 28. Solid Waste: The applicant indicates that the Hilo landfill will be closing, which is the nearest solid waste disposal location. According to the 2018 South Hilo Landfill Final Closure Final Environmental Assessment, the County of Hawai`i Department of Environmental Management will continue to implement its current waste diversion program, as well as explore other options to effectively divert waste from the island waste stream, which will help to reduce the impacts and costs associated with trucking waste from East Hawaii to the West Hawaii Sanitary Landfill. 29. Essential Utilities and Services: All essential utilities are available to the subject properties. Fire and medical services are available from the Kawailani Fire Station. Police services are available from the Hilo Police Station. 30. Concurrency Requirements: The Department of Water Supply has indicated that County water is available with conditions. A traffic study is required whenever a proposed development will generate over 50 peak hour trips. Based on the request, a Traffic Impact Analysis Report is not required. The nearest Civil Defense siren is located approximately 3,750 feet away at the Kaumana Caves. The proposed project does not trigger the requirement of an additional Civil Defense siren at this time. AGENCY COMMENTS 31. Fire Department: PD Exhibit 3—February 5, 2018 memo. 32. Department of Public Works: PD Exhibit 4—February 15, 2018 memo. 33. Department of Water Supply: PD Exhibit 5 —February 5, 2018 memo. 34. Department of Environmental Management: PD Exhibit 6—February 20, 2018 memos. 35. Police Department: PD Exhibit 7 -January 24, 2018 memo. 36. State, Department of Land and Natural Resources: PD Exhibit 8 - February 12, 2018 memos. 37. State, Health Department: PD Exhibit 9 -February 1, 2018 memo. 38. State, Department of Land and Natural Resources State Historic Preservation Division—PD Exhibit 10 —March 13, 2018 letter. AGENCY COMMENTS -NO RESPONSE RECEIVED 39. U.S. Fish and Wildlife Service. -7- PUBLIC COMMENTS 40. As of this writing, the Planning Department has not received any written comments or objections from the general public or adjacent landowners on the subject application. -8- ZONING § 25-5-67 (e) Exceptions to the regulations for the FA district regarding heights, building site areas, building site average widths and yards, may be approved by the commission within a planned unit development. (f) Plan approval shall be required prior to the construction or installation of any new structure or development, or of any addition to an existing structure or development which is used for minor agricultural products processing. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 4.) Division 7. A,Agricultural Districts. Section 25-5-70. Purpose and applicability. The A (agricultural) district provides for agricultural and very low density agriculturally-based residential use, encompassing rural areas of good to marginal agricultural and grazing land, forest land, game habitats, and areas where urbanization is not found to be appropriate. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-71. Designation of A districts. Each A (agricultural) district shall be designated on the zoning map by the symbol "A" followed by a number together with the lower case letter "a" which indicates the required or minimum number of acres for each building site. For example, A-l0a means an agricultural district with a minimum building site area of ten acres. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-72. Permitted uses. (a) The following uses shall be permitted in the A district: (1) Agricultural parks. (2) Agricultural products processing, major and minor. (3) Agricultural tourism as permitted under section 25-4-15. (4) Animal hospitals. (5) Aquaculture. (6) Botanical gardens, nurseries and greenhouses, seed farms, plant experimental stations, arboretums, floriculture, and similar uses dealing with the growing of plants. (7) Campgrounds, parks, playgrounds, tennis courts, swimming pools, and other similar open area recreational facilities, where none of the recreational features are entirely enclosed in a building. (8) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (9) Crop production. (10) Dwelling, single-family, as permitted under chapter 205, Hawai`i Revised Statutes and as permitted under section 25-5-77(b). (11) Farm dwellings, as permitted under section 25-5-77(b) and (c). 25-91 • Planning ept. Exhibit, § 25-5-72 HAWAI`I COUNTY CODE (12) Fertilizer yards utilizing only manure and soil, for commercial use. (13) Forestry. (14) Game and fish propagation. (15) Group living facilities. (16) Kennels. (17) Livestock production, provided that piggeries, apiaries, and pen feeding of livestock shall only be located on sites approved by the State department of health and the director, and must be located no closer than one thousand feet away from any major public street or from any other zoning district. (18) Public uses and structures which are necessary for agricultural practices. (19) Retention, restoration, rehabilitation, or improvement of building or sites of historic or scenic interest. (20) Riding academies, and rental or boarding stables. (21) Roadside stands for the sale of agricultural products grown on the premises. (22) Utility substations, as permitted under section 25-4-11. (23) Vehicle and equipment storage areas that are directly accessory to . aquaculture, crop production, game and fish propagation, livestock grazing and livestock production. (24) Veterinary establishments. (25) Wind energy facilities. (b) The following uses may be permitted in the A district, provided that a use permit is issued for each use: (1) Golf courses and related golf course uses, including golf course driving ranges, golf maintenance buildings and golf club houses, provided that the property is within the state land use urban or rural district. Golf courses and golf driving ranges shall not be permitted within the state land use agricultural district unless approved by the County before July 1, 2005. (2) Telecommunication antennas and towers. (c) The following uses may be permitted in the A district, provided that a special permit is obtained for such use if the building site is located within the State land use agricultural district: (1) Adult day care homes. (2) Airfields, heliports, and private landing strips. (3) Bed and breakfast establishments, as permitted under section 25-4-7. (4) Community buildings, as permitted under section 25-4-11. (5) Excavation or removal of natural building material or minerals, for commercial use. (6) Family child care homes. (7) Guest ranches. (8) Home occupations, as permitted under section 25-4-13. (9) Lodges. (10) Meeting facilities. (11) Model homes, as permitted under section 25-4-8. (12) Public dumps. 25-92 ZONING § 25-5-72 (13) Public uses and structures, other than those necessary for agricultural practices, as provided under section 25-4-11. (14) Temporary real estate offices, as permitted under section 25-4-8. (15) Trailer parks with density of three thousand five hundred square feet of land area per trailer, provided that plan approval is secured prior to commencing such use. (16) Uses, other than those specifically listed in this section, which meet the standards for a special permit under chapter 205, Hawai`i Revised Statutes. (d) The following uses may be permitted in the A district, provided that a use permit is issued for each use if the building site is outside of the State land use agricultural district or a special permit is issued for each use if the building site is within the State land use agricultural district: (1) Bed and breakfast establishments, as permitted under section 25-4-7. (2) Crematoriums, funeral homes, funeral services, and mortuaries. (3) Churches, temples and synagogues. (4) Day care centers. (5) Hospitals, sanitariums, old age, convalescent, nursing and rest.homes. (6) Major outdoor amusement and recreation facilities. (7) Schools. (e) Buildings and uses accessory to the uses permitted in this section shall also be permitted in the A district. (f) No building site shall be established after December 1, 1996 which shall in any way restrict or limit aquaculture, horticulture, production of crops, keeping of livestock, game and fish propagation, or the processing, sale or other commercial use of the products of such uses. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2008, ord 08-155, sec 13; am 2010, ord 10-17, sec 6; am 2012, ord 12-28, sec 9; ord 12-124, sec 8; am 2014, ord 14-86, sec 9.) Section 25-5-73. Height limit. The height limit in the A district shall be thirty-five feet for any residential structure, including any single-family dwelling, or farm dwelling, and forty-five feet for all other structures. The director may, however, permit by plan approval, any nonresidential agricultural structures to be constructed to a height of one hundred feet, if the director determines that the additional height above the forty-five foot height limit is necessary. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-74. Minimum building site area. The minimum building site area in the A district shall be five acres. (1996, ord 96-160, sec 2; ratified April 6, 1999.) 25-93 § 25-5-75 HAWAII COUNTY CODE Section 25-5-75. Minimum building site average width. Each building site in the A district shall have a minimum average width of two hundred feet for the first five acres of required area plus twenty feet for each additional acre of required area. Provided that no building site shall be required to have an average width greater than one thousand feet. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-76. Minimum yards. (a) Except as otherwise provided in this section, the minimum yards in the A district shall be thirty feet for front and rear yards, and twenty feet for side yards. (b) For accessory uses such as shade cloth structures used in controlling the amount of sunlight in the raising of plants and flowers, rear, side and front yards in the A district shall be at least ten feet, except where the A district shares common boundaries with urban zones and main government roads. (c) For accessory uses such as plastic roofed and shade cloth wooden or metal framed structures used in controlling the amount of sunlight, rainfall, wind and other elements of nature in the raising of fruits,vegetables and similar_agricultural products, rear, side and front yards shall be at least ten feet except where: (1) Exterior walls of any type other than shade cloth are added to the wooden or metal framed structure; (2) The specific use allowed is abandoned; and (3) The A district shares common boundaries with urban zones and main government roads. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 1999, ord 99-110, sec 1.) Section 25-5-77. Other regulations. (a) If any legal building site in the A district has an area of less than five acres, then the yard, minimum building site average width and height requirements for the building site shall be the same as the yard and height requirements in the FA district. (b) One single-family dwelling or one farm dwelling shall be permitted on any building site in the A district. A farm dwelling is a single-family dwelling that is located on or used in connection with a farm or if the agricultural activity provides income to the family occupying the dwelling. (c) Additional farm dwellings may be permitted in the A district only upon the following conditions: (1) A farm dwelling agreement for each additional farm dwelling, on a form prepared by the director, shall be executed between the owner of the building site, any lessee having a lease on the building site with a term exceeding one year from the date of the farm dwelling agreement, and the County. The agreement shall require the dwelling to be used for farm-related purposes. 25-94 ZONING § 25-5-77 (2) The applicant shall submit an agricultural development and use program, farm plan or other evidence of the applicant's continual agricultural productivity or farming operation within the County to the director. Such plan shall also show how the farm dwelling will be utilized for farm-related purposes. (d) An ohana dwelling may be located on any building site in the A district, as permitted under article 6, division 3 of this chapter. (e) Exceptions to the regulations for the A district regarding heights, building site areas, building site average widths and yards, may be approved by the commission within a planned unit development. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 4.) Division 8. IA, Intensive Agricultural Districts. Section 25-5-80. Purpose and applicability. The IA (intensive agricultural) district provides for the preservation of important agricultural lands as provided for in the general plan and characterized by a mix of small and large scale commercial farms and other agricultural operations which may include residential use in the form of farm dwellings closely tied to intensive agricultural use. The lands in the IA district are those lands which have the soil, quality, growing season, and moisture supply needed to sustain high yields of crops generally or of specific crops of statewide or local importance when managed according to modern farming methods. All IA districts shall be located within the State land use agricultural or conservation district. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-81. Designation of IA districts. The IA(intensive agricultural) district shall be designated by the symbol "IA" followed by a number together with the lower case letter"a" which indicates the required or minimum number of acres for each building site. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-82. Permitted uses. (a) The following uses shall be permitted in the IA district: (1) Agricultural parks. (2) Agricultural products processing, major and minor. (3) Agricultural tourism as permitted under section 25-4-15. (4) Aquaculture. (5) Cemeteries, as permitted under chapter 6, article 1 of this Code. (6) Crop production. (7) Farm dwellings, as permitted under sections 25-5-87(b) and (c). (8) Forestry. 25-95 Letter of Transmittal 2017 DEC 20 Aft 16 PLANNING DE1 ARTMENT COUNTY OF HAWAII Date:December 19,2017 ITo: From: County of Hawaii All Aina Services Planning Department P.O_Box 291 101 Pauahi Street Suite 3 Laupahoehoe,Hi 96764 Hilo,Hi 96720 (808)969-3882 Subject: Change of Zone Application TMK: (3)2-5-047:033 &TMK(3)2-5-047:034 Owner: Kelly&Joanne Jarneski Authorized Agency: All Aina Services Original Letter of Transmittal Narrative of Application(21 Copies) Background Report(21 Copies) Map of Lot 20-G-1-A w/Meets&Bounds(21 copies) FEMA Map(21 Copies) Meets&Bounds,TMK(3)2-5-047:034(21 Copies) Original Application,TMK(3)2-5-047:033 (&20 Copies) Original Authorization,TMK(3)2-5-047:033 (&20 Copies) Original Application,TMK(3)2-5-047:034 Original Authorization,TMK(3)2-5-047:034 Tax Clearance,TMK(3)2-5-047:033 Tax Clearance,TMK(3)2-5-047:034 Surrounding Properties,TMK(3)2-5-047:033 Surrounding Properties,TMK(3)2-5-047:034 TMK Map(21 copies) Proposed Lot Layout,TMK(3)2-5-047:033 (21 Copies) Proposed Lot Layout,TMK(3)2-5-047:034(21 Copies) 115592 Planning Dept. Exhibit 2 I 0 ? I7Pf 0 ; S r 1 PLANNIN7CHAN0frOF ZONE APPLICATION I COUNTY OF HAWAII ;--- AWAII ;. PLANNING DEPARTMENT , , . _.? I (Type or legibly print the requested information) IAPPLICANT: Kelly R. &Joanne M.K. Jarneski 3 APPLICANT'S SIGNATURE: 99Z �C ‘ DATE: ` :_; ADDRESS: . P.O. Box 1941 I Hilo, HI 96721-1941 LIST APPLICANT'S INTEREST IF NOT OWNER: ILIST PRINCIPAL(S)INCLUDING NAMES OF MAIN OFFICERS: PHONE: (Bus.)(808) 895-3878 (Res.) (Fax) 1 LANDOWNER(S): Same as a ove ,�,/ 2 _ LANDOWNER SIGNATURE(S): y ,iGJ f---?at's/W.4Q' DATE: (May be by letter) ILANDOWNER(S)ADDRESS: P 0 13e / -/( /h4, /V/ n 72-1 IREQUEST: Ag-20a TO Ag- a (Existing zoning) (Proposed Zoning) I TAX MAP KEY: (3) 2-5-047:033 STREET ADDRESS OF PROPERTY: N/A ISIZE OF PROPERTY OR AFFECTED AREA(S)TO BE REZONED: 20 Acres AGENT: All Aina Services IADDRESS: P.O.Box 291 Laupahoehoe,HI 96764 TELEPHONE:(Bus.) (808) 557-6944 (Res.) (Fax) IPlease indicate to whom original correspondence and copies should be sent. I I • • IATTACHMENT Agft.i.a um1F•.ezonhg I —1.)--v PLANN DEPARTMENT �' � �-,3-_��`?'X33 IP1G COUNTY OFHAW AT IAPPLLATDN FOR CHANGE OF ZONE I. If yourrequestis approved,do you intend to subdi;, e the sub-ct I hnd h accordance wih the approved change of zone? yes I Thves,phase answerthe restofquestbn 1 and then b questbn 3. Ia. H ow m any acres of the requestd area do you intnd to subdhiiole? 2-C-) b. Int whatbtsizes? A -- - ' .., ifyo1rmJes -6 approved,apprx'mae�how brig affer$'ie date ofapprovaldo you e7pectto subm ttyoursubdavishn pians Ito the P hnnizg D eparftn enttrprelin haw approval a i')-?.en-fr :l. Do you irtencl to bukl houses on the newly created.b+s? Pic) IIfyes,pase answerthe follow hg questions: 0 n how m any ofthose btv? IAtw hatappn_:.in at prr:e range? House Lot I Totl Apps xin atwly how long,a rapprovalofthe subdiv .ion, Iwould the frsthouse be avaiabh foroccupancy? Ifyou Mend to subdi iie,phase subm ita prep haw schern at : • subdivision pin togetherw it yourchange ofzone app]catrn I form. 2. If you have no flan phns ofsubdtid ig the subctarea, do ;Jou I Mend ID: a. S e11or]ease the%and to som eone who has f-n phns? ye") Ib. S e]Iorbase the lend to som eone who has tenta.t ue phns? r) c. Se]lorbase the hnd to som eone who has rio phns? ` /.2 • I d. Keep its I e. 0 tier please state} I IF.D.= 5/84 I 1 f. Ifyou End to do eithera, b,c,phase ehborate on the kind ofphns the otherparty has.P base, also ,iicbde n your ' answerappmxianatelyhow soon a ftrapprovalofyourrezoningdo you expectto tiansErthe subcthnd to anotherparty. ' p 1/1 s a`t 3. Do you thiik that youriequestand your furtherpi ns forthe hnd ' willaIbviate the bcalhousing situation? ,�-fir'/ / - How? a�liE �fiu�Z }'y �1l�t�t- ' 4. Ain thee any buldiigs on the subjctarea? Ifso, w hatkind? W hatdo you litend to do with those bu Tdthgs ifyourrequestis approved? ' 5. Is the sub cthnd currently beiig used forany agrbulturalacthrty? )fr'.7 Ifso,phase 3istthe kinds ofpmducts grown and on how in any square feetoracxes ofknd perpmduct ' rw /11 9-624r, 6. W as your requestto albw bribe creation ofsm albragxiu]tuxal ' bts? Ifso, did yourphn iiclide the blowing consileiatbns? ' a. Comm odity to be produced? W hatkiids ofcom m odity? ' b. S ofthe proposed bt-size for thatcom m oddly? c. Suffci ntfanm size to albw reasonably chance of success in ' corn m exc-alagrlculfuin? 2- I ' Ag±ulturalbases orotherfoim s ofassurance thatP otent al buyer orl?ases woutt putthe sub'ectarea in•b som e thin of ag±ultmaluse? Phase state the ofa:aangem ent . I ��•! f� / L 7� !`�cG'f�� l'-t C.tZ !TLS.:-'C, Phase s ubm gyouragncu7uralp]ans forthe subctarea and presentevidence ofconstIelatbn ofthe above requiem ents together twith yourrequestbra change of zone. Ifyou do nofi4itend to subdivide the sub ctbnd brsom e sortof ' agrbulharalpuipose,phase state yourotherreasons. . 1 To yourknowledge,has there been any fboding and/ordmiiage problem on the subctarea? ' If so ,phase descrbe the emblem re,e wii-2 174--e2 fYtr-e-11, Do you think thatthe mads badiig to the sub ctatea needs in p mvem encs? Thso, whatkiid? Is the mad adequate forthe proposed traffr vo.11m e orbad? J 9. W hatsortofgovemm entalassistance and/ort plover ent do you feelw f1 be needed in.the subctama when devebped? Yes No S choo$ L.,. Roads S ewer Drainage 1 3- • Yes i10 . P o]re P rite ct on �! f. Fire P it tectbn , P.ectealionalFacibis h. Pubic U tis ' . ther Forthose checked "yes",phase ehboritewhatt'pe orktids ofinprDvementy ' andkrassistnce an.needed. 1 1 1 1 1 1 S ature: • 9:06.0t,i,u29,-19a,„„zi ' Address: T e1 phone: ' Date: 1 1 -4- I ?!17 ? Alt �I 2n AP1 2 15 CHANGE OF ZONE APPLItATIBNT,f - Tt�!'r T I COUNTY OF HAWAII 'v PLANNING DEPARTMENT 0. I (Type or legibly print the requested information) G f.".2=1,?_:: rV , 1vI APPLICANT: Kelly R. &Joanne M.K. Jarneski 6t-k v wit A, APPLICANT'S SIGNATURE: c=271 (C DATE:_?f ,I ^� --C ADDRESS: P.O.Box 1941 Z IHilo,HI 96721-1941 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S)INCLUDING NAMES OF MAIN OFFICERS: PHONE: (Bus.)(808) 895-3878 (Res.) (Fax) ILANDOWNER(S): Same as above LANDOWNER SIGNATURE(S): /VG ,/Zfr v9-106t-A-4A-Afirt ti I DATE: (May be by letter) LANDOWNER(S)ADDRESS: IREQUEST: Ag-20a TO Ag- a (Existing zoning) (Proposed Zo ing) TAX MAP KEY: (3)2-5-047:034 ISTREET ADDRESS OF PROPERTY: N/A SIZE OF PROPERTY OR AFFECTED AREA(S)TO BE REZONED: 20 Acres I AGENT: All Ama Services IADDRESS: P.O. Box 291 Laupahoehoe,HI 96764 I 1 TELEPHONE: Bus. (808) - TELEPHONE: (Bus.) 557 6944 (Res.) (Fax) IPlease indicate to whom original correspondence and copies should be sent. • ' ATTACHMENT Agricu]tiiralR e zonng ' K 4( PLANNING DEPARTMENT r a d t C`�3� COUNTY OFHAW All ' APPLEATDN FOR CHANGE OF ZONE I. Ifyourrequestis approved,do you intend in subdivide the sub ct land n accordance with the approved change of zone? Ifyes,phase answerthe restofquestion 1 and then to question 3. ta. How in any acres of the requested area do you intend subdivide? A-C) b. into whatbtsizes? ' c. Ifyourrequestis approved,appmxdn ateI how bng a$erthe date ofapprovaldo you expectto subm±yoursubdivisbn plans //�� to the P lhnnizg D eparim entforprelin nary approval? C 1�2�`�7/�l • d. Do you Mend built houses on the newreated lets? Pio JrlY ' Ifyes,phase answerthe blow iig questions: 0 n how m any ofthose bts? Atw hatapprox n at prbe range? House Lot ' Total Approxin ately how bng,affe.rappmvalofthe subdivision, would the f sthouse be availabb foroccupancy? ' Ifyou intend to subdivide,please subm itaprelim nary schem atic subdivision phn togetherwith your change ofzone application ' ern . 2. If you have no firm plans ofsubdiviing the subctarea, do you intend to: ' a. S elforhase the hnd in someone who has Lau plans? ,/l``7 b. S eilorbase the land to som eone who has tentage plans? y�t7 c. Sellorbase the land to som eone who has no plans? _ 9 <9 d. Keep it? e. 0 Cher chase state) P.D.2 5/$4 I • • I -• L_,-) -nteen.J.17-7 d eth'ivra, ._;,o,phase =1tr?o•7aia :n <e .--1.-id of-plans ofplans of f- olherpa.rty has.P tease ;ii_>Y hciade 3.1 yr,5 r answ eras-pm:H3rt atwo4'how soon a-temp.r?wa1t;L'our:e7on_Zl do I you e>;oectio r .nstert^ie sub Fctiin_d to anotherp•a' j . ... Do you bilk that your ec1estand youriith2rplans f1112 � 1 d wiiIaJ vEte the : ±ca1nousg s ua n? \,./-'r.'`..) I . 44li ,- /fr c (a1 ;c•LC,t li /..1 L-14 r f Are tele any bui1ftgs on the su}J ctai a? // /�`J 1 @1 ha old? `i4 ' Lel / \✓ . 1 W hatcio you.-intend in do w ill those buildtgs fvourrequestis Iapproved? 1/ C/ -'h7-� I 5. Is the sub ctiarid cu.rrPnW betiu used tr any ag±u i Tata ctiTt? "�____ ` Ifscfphase dstitne }:ids ofp oduc1 g nwn and on how any squaLe -'etoraci s ofsnd perpnduct ISGA#-l-6., rFipe, 6. W as yourrequesttt aibw bribe creathn ofsm aitragrbuluial lits? 1 I If so, did yaurp.'a.n Incilde the brodirICI consi:ier tons? . Corn in od 1 to be p:Glduced? (ale W hat ki:lds ofcom ra odil? S uiJabay of the proposed bt-size f:'rthatam ra odd::'? S of ctntiar t size to alhsw easonabt chance of success n n Icom nl eT;ialag:±uial:e? rLI t K-(.._ Ote.Pte-4 I I 41111 d. Agriculhnralbases orotherform s ofassumnce thatpotentbl buyers orbases would putthe subctarea nto som e form of agrbu]tuialuse? Phase state the proposed type ofanangem ent ' ' ' - P:base subm ityouragricu]turalplans fprthe subtctarea and presenteviience ofconsideratfon ofthe above iequirem ents together with yourrequesttra change ofzone. (I 4K Atize4/-?„ Ifyou do no tend to subdue the subcthnd forsom e sortof agriculfvrolpurpose,pbase state yourothermasons. To yourknow hdge,has there been any fbodsig andbrdrainage problem on the subctarea? y-c, ' If so,phase descrbe the probbm . 8. Do you think thatthe roads bading to the subctarea needs provem ents? L,42 Ifso, whatkiid? ' Ts the mad adequate farthe proposed traffe volim e orbad? 9. W hatsortofgovemm entalassistance and/orinpmvem encs do you feelwill ' be needed h the subctarea when devebped? Yes No a. Schools V b. Roads c. Sewer d. D iainage 3- 1 0 • Yes No e. Poke P mtec:licn j/ ' f. Fire P mtecl.bn P9. RecreatbnalFacili bs h. Pubic U t,'lil�s Other For those checked'Ws';phase ehborate whattype orkiids ofinprovem encs and/orassistance are needed. 1 1 . 1 1 ' GAG Ssgnature: Mt ' /e,td. Address: Tebphone: Date: 1 1 -4- 1 1 County of Hawaii Planning Department 101 Pauahi Street Suite 3 Hilo, HI 96720 February 14, 2017 Subject: Change of Zone Application Owner: Kelly R&Joanne M.K. Jarneski TMK(3)2-5-047:033 ' To Whom It May Concern: We have retained the services of All Aina Services to for the application and processing of a change of zone request.Any and all questions regarding the application may be • I forwarded to them. We have authorized their agents to act on our behalf concerning any inquiries that may arise. All Aina Services P.O. Box 291 Laupahoehoe,Hi 96764 (808) 969-3882 A- kw%)Kelly R. Jarneski •1971 _ Joanne M. K. Jameski I i 1 1 County of Hawaii ' Planning Department 101 Pauahi Street Suite 3 Hilo,HI 96720 1 February 14,2017 Subject: Change of Zone Application Owner: Kelly R&Joanne M. K.Jarneski TMK(3)2-5-047:034 To Whom It May Concern: We have retained the services of All Aina Services to for the application and processing of a change of zone request.Any and all questions regarding the application may be Iforwarded to them. We have authorized their agents to act on our behalf concerning any inquiries that may arise. tAll Aina Services P.O.Box 291 Laupahoehoe,Hi 96764 (808) 969-3882 1 ihm.24) Kelly R. Jarneski 11 `1 Lyrax-f4-45LQ - Gia Joanne M. K. Jameski I 1 I • Kil7 DEC 0 ern; 7:7'•r-r•r,. -N ... \11 ri ChanEe of Zone Application Kelly&Joanne Jarneski Tax Map Key(3)2-5-047:033 Tax Map Key(3)2-5-047:034 Ponahawai—Kaumana Homesteads, South Hilo.Island of Hawaii Prepared for: County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo,HI 20720 Prepared By: All Aina Services P.O.Box 291 Laupahoehoe,HI 96764 I . _ . - - - - I Change• of Zone n Application 1 Kelly&Joanne Jarneski TMK(3)2-5-047:033 ' TMK(3)2-5-047:034 The applicants are requesting a Change of Zone from Agriculture 20 acres (Ag-20a)to ' Agriculture 6 acres (Ag-6a)for both of the TMKs as shown. The subject properties located in the Ponahawai—Kaumana Homesteads, South Hilo, ' Hawaii. The subject properties were the subject of two (2)previous subdivisions (SUB—7529 & ' SUB—04-000160)and formerly a portion of TMK(3)2-5-047:003. Also,in preparation of the proposed Change of Zone the owners, along with owner of an adjacent parcel to TMK(3)2-5-047:033, (TMK(3) 3-5-047:017) completed a consolidation/resubdivision ' (SUB 16-0016068) in an effort to relieve the adjacent parcel from a"land-locked" condition. ' The subject properties are twenty(20) acres and accessed from Kaumana Road onto Akolea Road. There is a twenty(20) foot road widening easement, as well as a twenty (20)foot utility easement that run adjacent to Akolea Road. The proposed Change of Zone from Ag-20a to Ag-6a will remain consistent with the State Land Use District designation as Agriculture. TMK(3) 2-5-047:033, part of the proposed Change of Use application, is located ' adjacent to the existing Kaumana House Lots,to the South,which are zoned RS-10 with a State Land Use designation of Urban, and are developed with single family residences. The remaining adjacent parcels are zoned Ag-20a with a State Land Use designation of ' Agriculture. Previously the properties were cleared and used as fields for sugar. Currently the subject ' properties have been grazed by cattle,as well as occasionally leased for sweet potato crops, etc. The applicants permitted (Building Permit B2007-2725H) and constructed their current residence on TMK(3)2-5-047:034, completed, 05/29/2009. The residence is located in the northern corner of the subject property, 167 Akolea Road,with the driveway accessing from Akolea Road. ■ With the approval of the Change of Zone applications,the applicants intend to move forward with a proposed subdivision creating three(3)parcels on each of the subject parcels. The proposed Change of Zone is requesting that the zoning be set at Ag-6a, five (5)of the proposed parcels would be set at 6 acres each, and one parcel would be set at • 410 eight(8 (+- 1 )acres.(Please note the site plans included herein depict one scenario for proposed parcel layout. However,after approval by the Planning Commission of the ' proposed Change of Use,there will be surveys completed and the final parcel layout may be adjusted or changed to better suit proposed roads&driveways.) In preparation for the application the applicants conferred with the County of Hawaii, Department of Water Supply and confirmed that there are three(3)water meters available to each of the subject properties. The existing residence is currently serviced by ' one(1)meter, leaving the other two(2)on TMK(3)2-5-047:034. The Change of Zone request is consistent with the County of Hawaii rules for rezoning ' and subdividing. 1 . 1 I . • 1 1 1 i 1 Background Report and Environmental Report ' Change of Zone Application (Ag-20a to Ag-6a) TMK(3)2-5-047:033 and TMK(3)2-5-047:034 1 I. Introduction ' The applicants, Kelly&Joanne Jarneski, are the owners of the subject properties that constitute this application. The subject parcels consist of 20 acres each. The ' applicants would like to receive a Change of Zone from Agricultural 20-acres (Ag-20a)to Agricultural 6-acres (Ag-6a). II. Project Location The subject property is located within the Ponahawai—Kaumana Homesteads, ' South Hilo,Hawaii. There is a single family residence located on TMK(3)2-5-047:034,belonging to tthe applicants;the address is 1167 Akolea Road,Hilo, HI 96720. III.Project description 1 The applicants are requesting a Change of Zone from Agriculture 20-acres (Ag-20a)to Agriculture 6-acres (Ag-6a). The proposed request would allow for ' further subdivision of each parcel into 3 agricultural lots,each having a minimum area of 6 acres(one proposed parcel on TMK(3)2-5-047:034 will have 8 (+1-) ' acres. IV. Conformance with State and County Plans ' A. State Land Use Designation: The subject parcels are situated within the State Land Use Agricultu . ' B. Applicable Goals/PoliciesreDiandstrictObjectives of the General Plan: The proposed Change of Zone for each parcel is consistent with the following goals,policies, ' and objectives of the General Plan. Economic Element: ' • Provide residents with the opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. ' • Economic development and improvement shall be in balance with the physical, social, and cultural environments of the Island of Hawaii. • Provide an economic environment that allows new, expanded, or improved 1 economic opportunities that are compatible with the County's cultural,natural, and social environment. ' Land Use Element: • Designate and allocate land uses in appropriate proportions and mix, and in ' keeping with the social, cultural, and physical environments of the County. • Zone urban and rural types of uses in areas with ease of access to community services and employment centers,with adequate public utilities, and facilities. ' • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community,region, and County. • Zoning requests shall be review with respect to General Plan designation, district ' goals,regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services,utilities, access,and public need. ' C. The General Plan Land Use Allocation Guide Map (LUPAG)designates the parcels"Agriculture Lands"the proposed Change of Zoning is consistent with ' the designation.Zoning Code, Chapter 25,Agriculture Districts, it states, • "This district provides for agriculture and very low density agriculture and grazing land, forest land, game habitats, and areas where urbanization is not ' found to be appropriate." D. Applicable goals/policies,objectives, and priority guidelines of the Hawaii ' State Plan: The Change of Zone request is consistent with the following goals, objectives,and priority guidelines of the Hawaii State Plan. ' The Change of Zone request is consistent with the following goals,objectives, and priority guidelines of the Hawaii State Plan. ' Goal • A strong,viable economy, characterized by stability, diversity,and growth that enables the fulfillment of the needs and expectations of Hawaii's present and ' future generations. Objective ' • Plan the development and availability of land and water resources in a coordinated manner so as to provide for the desired levels of growth in each geographic area. ' Populations Growth and Land Resources PriorityGuidelines P • The protection of important agricultural land and preservation of lifestyles. ' • Make available marginal or nonessential agricultural lands for appropriate urban uses while maintaining agricultural lands of importance in the agricultural district. ' E. Zoning: The subject parcels are currently zoned Agriculture-20 (Ag-20a). F. Chapter 205A, Coastal Zone Management: The entire State of Hawaii is 1 • within the Coastal Zone Management Area. G. Special Management Area: The subject properties are outside of the County's adopted Special Management Area(SMA). H. Community Development Plan: The Hilo Community Development Plan (Hilo CDP), adopted by the Planning Commission in 1975, designates the area ' Agricultural 20-acres(Ag-20a). V. Physical Characteristics and Environmental Setting of the Subject Properties ' and Surrounding Area a. Description of the subject properties: The subject properties are two adjacent ' parcels, approximately 20 acres in size each. There is one existing single family residence on TMK(3)2-5-047:034. The parcels are fairly flat and are currently used as pasture for cattle. Portions of the properties have been planted with field crops, such as sweet potatoes in the past. b. Lava Hazard Zone: The United States Geological Survey classifies the Hilo ' area, including the subject parcels,as Lava Flow Hazard Zone 3, on a scale a ascending risk, 9-1,due to Hilo's location down slope of Mauna Kea. ' c. Distance from the coastline: The subject parcels are located approximately six miles from Hilo Bay. ' d. Agricultureal Land of Importance is the State of Hawaii (ALISH)designation: Other Important Agriculture Land: land other than Prime or Unique Agricultural Land of statewide importance for production of crops. e. U.S.D.A.Natural Resources Conservation Services Soil Report: Soils of the ' area are classified as being of the Papai Series, which consists of well-drained, thin, extremely stony, organic soils over A'a lava. If. Land Study Bureau soil rating: "Ag Type 1"or Important Ag Lands. g. Flood Insurance Rate Map(FIRM)designation: TMK(3)2-5-047:033 has ' been surveyed by FEMA and has a designation"AE"within the Flood Zone that separates the"House Lots" and the balance of the subject property has a designation of"X"determined to be outside the 500 year flood plain. ' TMK(3)2-5-047:034 has a designation of"X"and the entire parcel is determined to be outside the 500 year flood plain. ' h. Existing drainage ways or improvements: TMK(3)2-5-047:033, all proposed development must be outside the"AE" designation. I • TMK(3)2-5-047:034,there are no drainage issues associated with the subject Iproperty. i. Air/Noise: In general,the ambient air quality of the subject parcels meets all I Federal & State standards as evidenced by its designation as an"attainment" area by the State of Hawaii,Department of Health,Clean Air Branch. The Windward side of the Big Island is subject to VOG emitted from the Kilauea I eruption, occasionally when the trade winds cease. Existing noise levels are those of a residential/rural neighborhood with little traffic. Ij. Historic and Cultural Resources: There are no archaeological or historic sites located on the subject parcels. Cultural resources associated with the traditional and customary native Hawaiian rights have not been identified on the subject parcels. In additional,a letter of"no-effect"was requested from the Department of Land and Natural Resources, State Historic Preservation Division on February 14,2017. I . k. Natural Resources: Previously the subject parcels were a portion of the sugar plantation. Since the end of the sugar industry on Hawaii Island,the subject ' parcels have been farmed with field crops and grazed by livestock. There are no endangered plants or animal species on either subject parcel. 1. Scenic or Coastal Resources: The subject parcels are approximately six miles from Hilo Bay; there subject parcel is not listed as a scenic location. Im. Public Access: No public access or trails have been identified within the subject parcels. n. Social Settlement Pattern for the Area: The subject parcels are located in a community with mixed agricultural and residential uses. Surrounding I properties are zoned Agricultural (Ag-20a)and range is size. To the South the properties are zoned RS-10 and residentially developed as the Kaumana House Lots. o. Economic Resources of the Area: The surrounding area is composed of mostly open Agriculture Zoned land with a mix of farming and livestock grazing. As mentioned,there is Residential Zoning nearby in the Kaumana House Lots. There is no Commercial Zoning nearby. p. Surrounding Land Uses and Zoning: The immediate surrounding properties are in the State Land Use Agriculture District(zoned Ag-20a) and Urban District(zoned RS-10) in the residential area. I VI. Public Facilities and Services: a. Access: Access to the subject properties is from Akolea J p p o ea Road, a County roadway with a 20-foot right of way. There is a 20-foot"Future Road ' Widening Easement", as well as a Utility Easement for HELCO overhead lines. b. Water: County water is available from an existing 6-inch waterline within the Akolea Road fronting the subject parcels. In preparation for the proposed Change of Zone application,the applicant conferred with the Department of Water Supply. There are a total of 3 meters per subject ' parcel(one is in use for the existing residence). c. Sewage Disposal: The existing single family residence is serviced with ' the use of an approved cesspool. The proposed lots will utilize individual waste water systems designed by an engineer and approved by the State of Hawaii, Department of Health. d. Solid Waste: The Hilo Landfill is the nearest solid waste disposal location. The existing landfill is scheduled for closure,at such time, the County of Hawaii will provide localized transfer stations. e. Police and Fire Protection: Emergency services are available from the ' Ainako Fire Department and Police Department in Hilo. f. Schools: The proposed parcels are served by the Hilo Elementary, 1 Middle, &High Schools. g. Parks: Kaumana Lani County Park,which includes tennis courts. Playground, and playfield facilities. ' VII. Environmental Assessment and Analysis a. Relationship between local short term uses of environment and maintenance and enhancement of long term productivity: The subject parcels are located in the State Land Use Agriculture District, each are well-suited for agricultural use because of the good soil conditions as ' shown by the Land Study Bureau's Soil Rating of"A" or Important Agriculture Land. The proposed rezoning of the subject parcels will not be ' detrimental to the agricultural inventory in the County. Rather,the approval of the proposed Change of Zone application will continue to allow a mix of residential and agricultural uses, but will likely result in a more efficient utilization of the land. The subject properties are designated ' Low Density Agriculture, which is primarily agriculture uses with single- family uses,residential in nature. 1 410 II)b. Mitigative measures proposed to avoid,minimize,rectify,or reduce impact: Impacts resulting from the proposed Change of Zone are expected ' to be minimal. Any potential impacts can be mitigated by complying with all applicable code requirements. c. Alternatives to the Proposed Development: There are no alternatives to the proposed development. ' d. Irreversible and Irretrievable Commitments of Natural Resources: The proposed parcels are designated as"Other Important Agricultural Land" by the ALISH system,but the Land Study Bureau rating of"AG Type 1" or Important Agriculture shows that the area, although well suited for intensive agriculture,but also residential uses for families interested in small farm country life style. The conversion of the zoning on the subject ' parcels to 2, 3 lots family and agricultural subdivision will not adversely affect the agricultural productivity of the County of Hawaii. 1 I I 1 I 1 1 O• UN N 1M11 NM 1 ® IMI1 E MI MI \POLOT C (8 ACRES+1-) • OLD FlEAD) TMl(131 LD 2.5-04RO7;034 •TMK 1312-5.047:033 It, / TMK(3)2-5-047:013 I EXISTING 3 BEDROOM DWELLING 1111/1 PROPOSED LOT B [±-j5) I 16 ACRES+1 // P/� I /SED LOT A 20'DRIVEWAY (6 ACRES+) f 17 PROPOSED FUTURE SUBDIVISION 782.94' UTILITY EASEMENT ROAD WIDENING EASEMENT 167 AKOLEA ROAD N ; . I ,:. P — ! id cma,..,7.11 l MY:4 3901.10 ad.6307CcIS et7 ' g z StriChrtInd 1040,1053SSV AE012.'4000 010/ . 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I 4 • \ . \ - \ 410 \ . \ PROPOSED LOT C \ . \ i(8 ACRES+/-) \ • 1 \ , \ , ,.--(01:D FIELD ROAD) \... ___ TMK(3)2-5-047:034 \16 ............... ....____... TMK(3)2-5-047:033 ." ?. • • ! iii \ i i 3 / \ TMK(3)2-5-047:013 \ • 1 1 EXISTING 3 \ 410 , BEDROOM \ i I I/ DWELLING \ L ..... \ /PROPOSED •. r I. .) \. LOT B .., .- . (6 ACRES+) . .....- • ,,• \ ...,--.. ••• /DRIVEWAY-- - ••-PROPOSED \ .• i (6 ACRES+) \ ' L..--,.._-.-4: -- -4'j A . ' 782.84' .-- - PROPOSED FUTURE SUBDIVISION . - UTILITY EASEMENT • , . 167 AKOLEA ROAD .7-••-•-4, N I • • ROAD WIDENING EASEMENT • February 14, 2017 ' State of Hawaii Department of Land and Natural Resources Historic Preservation Division 40 Pookela Street Hilo, HI 96720 Attn: Sean P. Naleimaile ' Subject: Change of Zone Application Applicants: Kelly R.&Joanne M. K.Jarneski TMK: (3) 2-5-.047:033 The applicants are proposing a Change of Zone for their 20-acre parcel from A-20a to Ag-5a in order to subdivide it in three parcels.The subject parcel is located at in_ a portion of the Ponahawai—Kaumana,South Hilo, Hawaii. The subject property was a farmed portion of the sugar plantation.Since then it has been farmed for field crops or grazed by cattle. fThere are no structures located on the subject property. This is a request for a letter of no effect required from the Department of Land and Natural Resources,State Historical Preservation Division, in order to show that there are no archaeological, cultural, or historic sites located on the parcel. Mahalo, Lori Mikkelson Agent for the Applicants ' Ail Aina Services PO Box 291 Laupahoehoe HI 96764 (808) 557-6944 1 1 1 • February 14, 2017 ' State of Hawaii Department of Land and Natural Resources ' Historic Preservation Division 40 Pookela Street Hilo, HI 96720 1 Attn: Sean P. Naleimaile ' Subject: Change of Zone Application Applicants: Kelly R. &Joanne M. K.Jarneski TMK: (3) 2-5-047:034 The applicants are proposing a Change of Zone for their 20-acre parcel from A-20a to Ag-5a in ' order to subdivide it in three parcels.The subject parcel is located at in a portion of the. Ponahawai—Kaumana,South Hilo, Hawaii. ' The subject property was farmed as a portion of the sugar plantation.Since then, it has been farmed for field crops or grazed by cattle. ' The applicant's primary dwelling,permitted as a single family dwelling(82007-2752H), and located at 167 Akolea Road, is on the subject property. ' This is a request for a letter of no effect required from the Department of Land and Natural Resources, State Historical Preservation Division, in order to show that there are no ' archaeological, cultural, or historic sites located on the parcel. Mahalo, 1 Lori Mikkelson ' Agent for the Applicants All Aina Services ' PO Box 291 Laupahoehoe HI 96764 (808) 557-6944 1 1 1 't NJ i I i e i ! ......---.,;..,..........,_.........L. ...__..,_ • , r t _.,, - . tet �. a.. , k i t • - •.1: ,.?";-,74-e....,,,,-;,:c.,-.*--..c,.. ..,?,,'..,.;-..;:,:f..,.. ',.',,,ic,-..". •,... .„,::,..„-, ,... . .. . . "'' ' '.--' ---'. ;:itO"V,.',',.--...,1,,,-;,: 1 s ��t- _r� - axis$,:, r, *„,d`;•++:'`,' ''"o- * .;,.:„.4..,....„,:,;,;:-..;.....,..... �,r {^, ,x7 ,7t r ra , ! ;. . ? FI4 - Fz a $ c,Y` {{ q fiI e174,,,,i,-'1.1,---',-;,:-.', k giL..,.",2Sxy ' fi e1 S r".--...;;K''..-.C- 5.:,,,,,,,_ s,M ' r7 fi.r" X,� �4 x lrio- ,.-_,., ,L-!:-3-14,-..---..,+sti� i ` "�' "rc-� � t m'�� k'.r. tij 'i 1„_ t�m� � �; - rwrrt 'Aa ; ,33 , - 1 ,, s " jo " i .,,a,,•,,,, - ..aiJ hr i 1 �! t tI 1 r. g 4 ♦ t : ' • 1Lhr'v f i ..,; , i j r BASEMAP:FIRM BA,SEM.AP 1pt y,k' , . ,s o a+' sr.s i.DO ARU A ,E SMEN7"'TOOL YER G'ENI' .3. aI •:A�te1l5D ,� Flood Hazard Assessment Report 4"a - oix lv t Afyr t rt tt vr¢. `; �?d:>k �.r. ....v 4 _,,,,Ltr ,,,,.�'_S':.�,.. i_,.-" _'Ya+:, �4.��.Siw-^ I (1:10#(,4/ www.hawaiinf!p.org SPECIAL FLOOD HAZARD AREAS(SFHAs)SUBJECT TO INUNDATION BY , !. ,.,�, }r, THE 196 ANNUAL CHANCE FLOOD •The t%annual chance flood(100- : v,ri 4 > ��:,i year),also know as the base flood,is the flood that has a 1%chance of a / being equaled or exceeded in any given year.SEHAs include Zone A,AE, AH,AO,V, and VE. The Base flood Elevation(BEE)is the water surface elevation of the 1% annual chance flood. Mandatory flood insurance Property Information Notes: purchase apples In these zones: COUNT'?. HAWAII e . '� Zone A:Igo BEE determined. FMKNO: (3)2-5-0=17:033 ,'-f =i - - Zone AE:BEE determined WATERSHED. WAILOA c i , Zone AH:Flood depths of 1 to 3 feet(usually areas of ponding); PARCEL ADDRESS: UNKNOWNlto,HI ADDRESS L�' a: BEE determined. HILO,HI 96720 Zone AO:Flood depths of 1 to 3 feet(usually sheet flow on L Flood Ha%ard Information sloping terrain):average depths determined. FIRM INDEX DATE: SEPTEMBER 29,2017 sr Zone V:Coastal Road zone with velocity hazard(wave action): LETTER OF MAP CHANGE(S): NONE no 8FE determined, EFFECTIVE 1' 14a-*�.a;es Zone VE:Coastal flood zone with velocity hazard(wave action): FEMA FIRM PANEL-EFFECTIVE DATE: N5 L66Q885F-SEPTEMBER 29,2017 ua A determined. -SEPTEMBER 29,2017 BEE determined. Zone AEF: Floodway areas in Zone AL. The floodway it the Es E channel of stream plus any adjacent floc/detain areas that must t be kept free of encroachment so that the 1% annual chance flood can be carried without increasing the BFE. NON-SPECIAL FLOOD HAZARD AREA-An area in a low-to-moderate risk 1i THIS PROPERTY IS WITHIN A TSUNAMI EVACUTION ZONE: NO flood zone.No mandatory flood insurance purchase requirements apply, fFOR MORE INFO,VISIT:http://www.scd.hawaii.govl but coverage is available in participating communities. THIS PROPERTY IS WITHIN A DAM EVACUATION ZONE: NO Zone XS(X shaded):Areas of 0.2%annual chance flood;areas of FOR MORE INFO,VISIT:http://dlnreng.hawaii.govtdam/ ' ' 1%annual chance flood with average depths of less than 1 foot • or with drainage areas less than 1 square mile; and areas protected by levees from 1%annual chance Flood- •a 1is 1 `ly ”"-""' -- Zone X:Areas determined to he outside the 0.2%annual chance ( 0 2000 400 ft floodplain, Disclaims'::The Hawaii Depart,merrt of Land and flour al Resources MDLr'R)assumes no respcnsiailiry a ion9 from the use, acc.(rocy,completeness,and timeliness of any.info:moron ori,xr contained ft,,this report Vies:-,s/users ore OTHER FLOOD AREAS respan)L le for Y rirvfru the ouuracy of she inforn atio�T,sod,gree to inde:rrnrfs:he°LfT,R,it,wpc nd arr.y,c'.,. Fes Pam r y liat,;lity which;Tray c-ise from ire r:_e of its cot..of inforrnahcv, ' Zone 0; Unstudied areas where flood hazards are undeter- mined,but flooding is possible.No mandatory flood insurance If this mop:las beer:identified us`PRELIMINARY',please rete that ii.s seimi provided for in1orincr;onal purposes purchase apply,but coverage is available in participating commu- and is nor to be used for flood insurrynce rdtin._l.Contact your county floodplain manager for flood zone deter':*,ira- p p g tions to be used for camphoric',with locallloodp?ain monogement�eyui,t on;. nitres. S• VP N. STATE OF HAWAII I ��P�re,�Ka..;,h� BUREAU OF CONVEYANCES " 95g'� RECORDED 4 I W.' ,C',! A September 13, 2017 8:01 AM ax`Yi''' a I •,'•� V, j� .� Dec No(s) A-64650392 } I I 111 lel LESLIE T. KOBATA REGISTRAR ' 1 2/5 SKC Conveyance Tax: $1.00 B—33048457 • • • ., After Recordation,Return by Mail()Pickup()to: �- Kelly&Joanne Jameski ILI' 70 n D &,q)-(pt I POBox 1941 {� Hilo,HI 96721 Total pages: NINE f� 3 2-5-047-033 `" I Affects: Tax Map Keys: (3) Lot 20-G-1-A Final Subdivision Approval No. SUB-16-0016068 I ISUBDIVISION DEED 1 THIS SUBDIVISION DEED, is made this_14TH day of AUGUST ,2017, by: LYMAN HOUSE MEMORIAL MUSEUM, a Hawaii non-profit corporation, whose principal I place of business and mailing address is 276 Haiti Street,Hilo,Hawaii 96720; and KELLY R.JARNESKI,and JOANNE M.K.JARNESKI,Trustees of the Kelly R.Jarneski • and Joanne M.K.Jarneski Revocable Trust dated October 11,2016, having all powers under I said trust agreement to sell,convey,exchange,mortgage, lease or otherwise deal and dispose of all lands of the trust estate and interests therein,whose mailing address is at Post Office Box 1941,Hilo,Hawaii 96721 (hereinafter referred to as"GRANTOR"), in favor of IKELLY R.JARNESKI,and JOANNE M.K.JARNESKI,Trustees of the Kelly R.Jameski . and Joanne M.K.Jameski Revocable Trust dated October 11,2016, having all powers under I said trust agreement to sell,convey, exchange,mortgage, lease or otherwise deal and dispose of all lands of the trust estate and interests therein, whose mailing address is at Post Office Box 1941, Hilo,Hawaii 96721 (hereinafter referred to as"GRANTEE"); I Subdivision Deed—Lots 20-G-1 and 6-A-2 1 Lyman-Jarneski 1 WITNES SETH: ' Recitals: 1. Grantor, as the fee simple owner s of Lots 6-A and 20-G,applied to the County of Hawaii to subdivide said parcels into five parcels. 2. The County of Hawaii approved their application (Final Subdivision Approval No. SUB ' 16-001668)on March 29,2017; a copy of said approval and the approved map and metes and bounds descriptions were attached to the Affidavit t of KELLY R.JARNESKI,Trustee of the Kelly R.Jarneski and Joanne M.K. Jarne.ski Revocable Trust dated October 11,2016,which was recorded as Document No. Doc A-64650391 September 13,2017 8:01 AM 3. The purpose of this instrument is to convey the newly contlgured Lots 6-A-2 and 20-G-1 ' to Grantee. NOW THEREFORE: That for TEN AND NO/100 DOLLARS($10.00), and other valuable consideration paid by the Grantee,the receipt of which is hereby acknowledged,the Grantor does hereby grant,bargain,sell and convey unto Grantee,IN TRUST,in fee simple,all of that certain real property described in Exhibit"A" ' attached hereto and made a part hereof. And the reversions,remainders,rents,issues and profits thereof and all of the estate,right,title and interest of the Grantor,both at law and in equity,therein and thereto; • TO HAVE AND TO HOLD the same,together with all buildings,improvements,rights, ' easements,privileges and appurtenances thereon and thereto belonging or appertaining or held and enjoyed therewith,unto the Grantee according to the tenancy herein set forth,forever. ' AND,in consideration of the premises,the Grantor does hereby covenant with the Grantee that the Grantor is seised of the property herein described in fee simple; that said property is free and clear of and from all liens and encumbrances,except for the lien of real property taxes not yet by law required to ' be paid,and except as may be specifically set forth herein; that the Grantor has good right to sell and convey said property,as aforesaid; and that the Grantor will WARRANT AND DEFEND the same unto the Grantee against the lawful claims and demands of all persons,except as aforesaid. ' The conveyance herein set forth and the warranties of the Grantor concerning the same are expressly declared to be in favor of the Grantee,and the Grantee's heirs,personal representatives and assigns. The term"Grantor"and"Grantee",as and when used herein,or any pronouns used in place thereof,shall mean and include the masculine,feminine or neuter,the singular or plural number, ' individuals,partnerships,trustees or corporations and their and each of their respective successors,heirs, personal representatives,successors in trust and assigns,according to the context thereof. All covenants and obligations undertaken by two or more persons shall be deemed to be joint and several unless a ' contrary intention is clearly expressed elsewhere herein. Subdivision Deed-Lots 20-G-1 and 6-A-2 2 Lyman-Jarneski • 14111 111 IN WITNESS WHEREOF, the Grantor has executed these presents on the day and year first above written. LYMAN HOUSE MEMORIAL MUSEUM a Hawaii non-profit corporation By: Aii' CHARD HENDFRSON TI its us tee Its: ' BARBARA MOIR President & Executive Director I 1 (l - ES T ee oft Kelly R.Jarneski and Joanne M.K. • Jarneski Revocable Trust dated October 11,2016 1 4 / K OANNE M.K.JARNESKI Trustee of the Kelly R.Jarneski and Joanne M.K. Jarneski Revocable Trust dated October 11, 2016 1 t I I 1 1 ' Subdivision Deed—Lots 20-G-1 and 6-A-2 3 Lyman-Jameski 0 0 ISTATE OF HAWAII ) ) SS. COUNTY OF HAWAII ) Iii 4 L On this 7 day of A (��(�s-/ ,2017,before me personally appeared KELLY R.J ESKI,to me know4Vto be the person(or who provided satisfactory evidence of I identi )described in and who executed the foregoing Subdivision Deed and,bein my sworn, did say tha e/s is the person named in the foregoing instrument and acknowledged th he/ e executed the sam as( /her free act and deed as Trustee of the Kelly R.Jameski and Joanne M. K.Jameski I Revocable Trust dated October 11,2016. I \C vti'i�l o • \`\\\WCH,q�q�14. / ,..... �1 N. .ry Public ' • = 0��' ;.S'-.. State of Hawaii v I Michael I. Nagai rn'• t, '6• :„• ; , Expiration Date:January 21,2019 %.();-'...- :"1-----")g` ,../Y`i'r •„'}„ ``` ��``� Printed or Typed Name of Notary My commission expires: NOTARY CERTIFICATION I Made pursuant to Chapter 456,Hawaii Revised Statutes and Hawaii Administrative Rules §5-11-8 I Document Description: Document Date: Subdivision Deed U2 it/ (If undated,insert"undated") I Number of pages: —� ,/(J Circuit of Notarial act: Third Circuit kfi Printed name of Notary: I \\`� iiiiiii!/,4i. �`\\\ N�«H.q�1 afore of Not Pub ' . C .-J0 Notary I (Se'al r: y'' 2 . __, .. t. .„4., c� -- /92 a/ 0• '' Ci Date of Certification I /r��. ael I. Nagai . i...... ��\`\\ Fxpihation Date:January 21,2019 I I ISubdivision Deed—Lots 20-G-1 and 6-A-2 4 Lyman-Jarneski I • I... . .,. • • ISTATE OF HAWAII ) ) SS. COUNTY OF HAWAII ) I On this I7 day ofU�(/J� , 2017,before me personally appeared JOANNE M.K.JARNESKI, to me kif6wn to be the person(or who provided satisfactory evidence of I identity) scribed in and who executed the foregoing Subdivision Deed and, being dul sworn,did say that h he is the person named in the foregoing instrument and acknowledged that h she xecuted the same a s er f act and deed as Trustee of the Kelly R.Jarneski and Joanne M.K.Jarneski I Revocable st dated October 11,2016. 00\lilI Iiiiii,41, N. ary Public I `�� «n►cHq �, . State of Hawaii Itto - -; Michael I. Nagai I a ; > Expiration Date:January 21,2019 J - G `: Printed or Typed Name of Notary I 'it," , ;; ' • My commission expires: /,r'//ii i f l r 1.;1111'��``\� ' . NOTARY CERTIFICATION I Made pursuant to Chapter 456,Hawaii Revised Statutes and Hawaii Administrative Rules §5-11-8 I Document Description: Document Date: Subdivision Deed 04 (If undated,insert"undated") I Number of pages: I / Circuit of Notarial act: Third Circuit McNeil Printed name of Notary: I MI�Wq S- ature of Notary Pu,lic ILa MT-itgitip Te s% , C9 I tY0 -..1**. 1:- i 19-, /T YDate of Certification ; A `" t: „''in►►rnitt1�`` Michael I. Nagai I Expiration Dote:January 21,2019 I Subdivision Deed—Lots 20-G-1 and 6-A-2 5 I Lyman-Jameski MMIlk 0 0 ISTATE OF HAWAII ) ) SS. COUNTY OF HAWAII ) 9n tis Ii day of Avf a ji ,2017,before me personally appeared Aii r- tifhic• �L- ✓ ,to me known to be the person(or who provided satisfactory IIevidence of id ntity)described in and who executed the foregoing Subdivision Deed and,being d sworn,did say th e/she is the person named in the foregoing instrume and acknowledged t t h she m executed the sa 's free act and deed as ' //Of //!: of LYMAN I HOUSE MEMOMUSEUM, a Hawaii non-profit corporation. p tP I `��111i33/ Notary lic A. 1. State of Hawaii `''I 0 _' Michael 1. Nagai - Expiration Date:January 21,2019 a`t• ' Printed or Typed Name of Notary %, '1// 4......... �\d `�`� My commission expires: /'111/11iiItiiI��\\\\\ INOTARY CERTIFICATION Made pursuant to Chapter 456,Hawaii Revised Statutes and Hawaii Administrative Rules §5-11-8 IDocument Description: Subdivision Deed Document Date: U,4 i I (If undated,insert"undated") Number of pages: NJ E— /e' Circuit of Notarial act: Third Circuit Michael L Nam IPrinted name of Notary: \\�\�-4 y5••'..�,�ii f� Signa re of Notary Public `Se�1�4r•bta' P}.CS,y -1l_, / 7 - o �,, • �= Date of Certification cif '* vi -\�.. chael I. Nagai I `'''li;r,,,1111��\ Expiration Date:Joinuary27,20I 9 I 1 ISubdivision Deed—Lots 20-G-1 and 6-A-2 6 Lyman-Jameski I II II ISTATE OF HAWAII ) ) SS. I COUNTY OF HAWAII ) 7" On • s /7 day of A(,#.5/ , 2017,before me personally appeared i�/ aim J1'ii^ ✓ ,to me known to be the person(or who provided satisfactory Ill evidence of identity)dessiobed in and who executed the foregoing Subdivision Deed and,being duly h sworn, did say that he/ the person named in the forea ing instrume�t and acknowledged that h she �er executed the same as his ' �e act and deed as //tide,/ 4 ct:nvc i' %.- of LYN A,N I HOUSE MEMORIAL r�USEUM a Hawaii non-profit corporation. orporation. I `\,oillin►ii/o/.. Not Public /o% State of Hawaii I - • ••• yr•=. Michael I. Nagai s r Expiration Date:January 21.2019 �*7 ' `.• .� ' Printed or Typed Name of Notary I � iit, , ��\\ My commission expires: • INOTARY CERTIFICATION Made pursuant to Chapter 456,Hawaii Revised Statutes and IHawaii Administrative Rules §5-11-8 Document Description: Subdivision Deed /i/10/7 1 Document Date: / 'i"J/ / `/ 0/7 I (If undated, insert"uted") Number of pages: -- / Circuit of Notarial act: Third Circuit ; ,t Printed name of Notary: �` �' •'1`''� 1 \00l l 1"1/1/1 j/ ��`.,,?y..••-s...4.. `...• t. .,gnature of Notary P •i (Sea'�ior;'St iiz)® • CSF -rst = I -/9-, a7 I :-?; ' CI°• Date of Certification ��'- ..., :..�'3�'\� Michael I. Nagai • a at '- i y7 ' 1`40 Expiration Date:January 21,2019 I I Subdivision Deed-Lots 20-G-1 and 6-A-2 Lyman-Jameski 6 I • 411 LOT 20-G-1-A Being a Consolidation of Lot 20-G-1 and Lot 6-A-'2 • Being Portions of Lot 6, Grant 4060 to Ellen G. Lyman Kaumana Homesteads And Portion of Grant 4165 to Levi C.Lyman . • .• Kaumana and Ponahavag, South Hilo,Island of Hawaii, Hawaii • DESCRIPTIONI . • • Beginning at the east oomer of this parcel of land,being the northeast corner of - Lot 20A and on the west side of Akolea Road,the coordinates of said point of • beginning referred to Government Survey Triangulation Station'HALM being 10,861.89 feet South and 13,773.26 feet West,thence running by azimuths measured clockwise from True South: 89" 25 297.12 feet along Lot 20-A: 2, , 359' 25' .273.32 feet along Lot 20-A; 3. 980 • 331 1,040.31 feet along Kaumana House Lots: 4. 180' 00' 170.15 feet along Lot 6-A-1-A; 5, • 90' 00 6. 180' 00' 296.50 feet;gang Lot 6-A-1-A; • 390.64 feet along the east side of Road Easement; 7. 271' IT 30K • 1,615.83 feet along Lot 20-H; 8. 359' 25' 402.72 feet along the west side of Akolea Road to the point of beginning and containing an area of 20.000 Acres,more or less. • • Lot 20-G-1-A Page 1 of 2 Pages • Subdivision Deed—Lots 20-G-1 and 6-A-2 Lyman-Jarnesld 8 • • _ _ 410 SUBJECT, HOWEVER,to the following: 1. Drainage Easement`D-2"; 2. Portion of Drainage Easement"D-3"; 3. A 10-ft.wide"No Vehicular Access" Planting Screen Easement along the east side of Road Easement(course no. 6)of the above described lot; ' 4. Portion of Easement"32"for HELLO Overhead Transmission Line; • 5. A 20-ft future road widening setback along the west side of Akolea Road (course no.8)of the above described lot. •.= • ENGINEERING.INC. PROFESSIONAL 1 273 Waianuenue Ave. • =n Z 1 '= ' Hilo,Hawaii 96720 Lim- :-• rofessional Land Surveyor April 24,2017 �" Certificate No.5628 • 1 1 Subject,however,to all other applicable easements,encumbrances,covenants,conditions,restrictions and reservations that appear of record. End of Exhibit"A" 1I 1 i 1 ' Subdivision Deed—Lots 20-G-1 and 6-A-2 . 9 Lyman-Jatneski I • — • 41 0.0.......m.„, ., .• :,...,::,::::::::::::::::.5:?..l ' �.. r illiolto,r4FORaersi. ,4:14fI gaittli ---. MAR of �•/ . . 4444.,,„7....of :4-.7: ig Lot 20.11 � MAR!9 201 ,e r,...•6LN �Ni,....., =%�7i4.yay!•`.. ggg��' � — „DN... $ 277'790' 16lS4 . 1 i I 0144 1 I i f 1 I • .til 41 '.".".—— 1 :1 d - 2 4 p / 1,01P• \ 31 / Al f1 t 24.4a-I ..........-- --7'-" LOT 20— / I ji � � L ---- -- 20.000 i ALL! 1 I oil .' ,_ ! mt 2O.-o-� \ 1 I ir1 IT ,DA,,,,ka (1B-573 Ana) \ \ IN iLot 20-0-3 ,, n 't•LOT8-A I • \ \ MoOmlot 6-A-1 \ \ tif • • 1.04.1 . }.. • --N,,, \ a \ — 2,012 ;` 1.1 \ a t 1i xti/' v \ ` . I^`.. .7'' -"ti;Vet.o.'"Iii*, s '÷A - •' 'Iall' ' -• ... ..N--"'' ' ' • '''' • . ' v0°7°' ...--- e�we;�• �� '•� t9V •,•t;tate �' 1 aflardr 1.pz21205mw I 31-8 11 iii�'`- , ?�'; ' ao 9,64[aa4� 9aeaMM ohler'949 J1 ' bbd.aLtv.1 ti s I qtr c.,,,,,......s.,..., �" •...,,...., of.rt,o 1 I I li . i . foto Lome ----� INCA ENOMEIZINO,tNG. t,ye�r1 t+at�.7 taeatorlo 1 Kratm J R.4,t0�w Jarmo*" �N3 ri HIT. P.O.Box/44i IVISIO d CONSOLIDATION SOLIDATION_ ._ Mo, 487Notonvonvo 10 ►day ecaom 46x20 Rio,Nadal/467214441 Ira,xrd DM 2.5-4747 MIK.x14 DIY.2•5-47,54 SUSIPIVISION OF LOT 6-A,INTO LOTS 6-A-I ARO 6-A-2 7' SUBOIVI5ION OP LOT 20-6,INTO LOTS 220-0-1,20-6-2 ANIS 1144,20-0-5 SteDIVII ron AND CONDOLIDATION rtertow tan.. ,o.2,. AND CONSOLIDATION OP LOT 6-,4-I,LOT 20-0-2 ARO LOT 20-8-5 MO 22120992 4..44 m4,2 20.4_2r•2 a aaitx° INTO LOT 6-A-I-A �- LOT t-A+ 0254 '' AP CONSOLIDATION OF LOT 20-6-I AND LOT S-A-2 . oor 32414A « 4149/01_ aoovoAc. r • t . WINO PORTIONS OF LOT b,6RANT 40066,TO ELLEN O.LYMAN prepared • ape/via/On I.Fuad lar M tram on ten a tAm 4or,c a Nib&tort.aywa tg KAUM6.NA HO''1 E".M y. ` tin ter41,j—L N G ,47.0•4- 'fie atrw 12,11 t AND PORTION OF'BRANT 41135 TO LEVI G.LYMAN ✓A1 I2 toardwie ad coats ramrtd M'cove 1prfe I cdon Stake'"'�"�'• KA ANA AND P�ONANANAt SQJTH HILO,ISLAND OP HAWAII,HANAI I _ a.� .pa a:roomed t4 bg others and croo oppr,�,a a •<,_ .e TAX MAP KEY. 9rd DIY.2-5-47.11 4 39 S'.5421'.21,1 5411. • • 1 I . I . LOT 20-G-1-A Being a consolidation of Lot 20-G-1 and Lot 6�2 . Being Portions of Lot 6,Grant 4060 to Ben G. Lyman IKaumI . ana Homesteads And Portion of Grant 4165 to Levi C.Lyman • ,- Kaumana and Ponahawai,South Hilo,Island of Hawaii,tfawao I • DESCRIPTION ' ' • - Beginnintg at the east corner of this parcel of land,being the northeast corner of I - Lot 20-A and on the west side of Akolea Road,the coordinates of said point of • beginning referred to Government Survey Triangulation Station`HALAI"being 10,861.89 feet South and 13,77326 feet West,thence running by azimuths measuredI clockwise from True South: 1. . 89 25'. 297.12 feet along Lot 20-A; I 2. - 359' 25' 273.32 feet along Lot 20-A; 3, . S6' - 33' 1,040.31 feet along Kaumana House Lots; I4. 180' 00'. . 170.15 feet along tot 6-A-1-A; 5, 90' 00 • 298.50 feet along Lot 6-A-1-A;6. 184' 00' 390.64 feet along the east side of Road . Easement, I7. 271' 17' 30" 1,615.88 feet along Lot 20x-1; 8. 359' 25' X102.72 feet along the west side of Akolea Road I to the point of beginning and containing an area of 20.000 Acxes,more or less. • . i Lot 207G-1-A Page 1 of 2 Pages 1 I • I • I subdivision Dccd—Lots 20-6-I and 6-A-2 8 Lyman-Jamesla •A /✓C i • i . _.. . . . .....___. ._ ___. .. .. II . , , 10 . 1110 I . . . ISUBJECT HOWEVER,to the f • I 1. Drainage Easement I'D-2"; • 2. Portion of Drainage Easement"D-3", 3. A 90-ft.wide No Vehicular Access'Planting Screen Easement along the . east side of Road Easement(course no.8)of the above described lot I 4. Portion of Easement"3?for HELLO Overhead Transmission Line; • 5, A 2041.future road widening setback along the west side of Akolea Road (course no:8)of the above described lot. . l Z = • ENGINEERING,INC. r igin...)klw summit 273 Waianuenue Ave. • = Z.I T I HUo,Hawaii 98720nal Land Stuveyor Apra 24,2017 . 77. 07 Certificate No.5828 • • I . Subject,however,to all other applicable easements,encumbrances,covenants,conditions,restrictions and reservations that appear of record. I End of Exhibit"A" I - • . • I Subdivision Dad—Lots 20-G-1 and 6-A-2 . 9 Lyman-7ameski / S i' I Iill 0 ILOT 20-H I PROPOSED SUBDIVISION OF LOT 20-B BEING A PORTION OF GRANT 4165 TO LEVI C. LYMAN PORTION OF LOT 6, GRANT 4060 TO E. G. LYMAN AND PORTION OF LOT 20, GRANT 5065 TO ELLEN S. LYMAN I INTO LOT 20-G, LOT 20-H AND LOT 20-I KAUMANA, AND PONAHAWAI, SOUTH HILO, ISLAND OF HAWAII, HAWAII I Beginning at a 1/2"pipe set at the northeasterly corner of this parcel of land, being also the southeasterly corner of Lot 20-1 and on the westerly side of Akolea Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station"HALAI" being 9,626.35 feet I south and 13,777.87 feet west and thence running by azimuths measured clockwise from true south: 1. 0° 00' 782.84 feet along the westerly side of Akolea Road to a 1/2"pipe set; I2. 359° 25' 50.00 feet along the westerly side of Akolea Road to a 1/2"pipe set; ' 3. 91° 17' 30" 1,615.88 feet along Lot 20-G to a 1/2"pipe set; 4. 180°00' 290.00 feet along TMK(3) 2-5-047:014, Road Easement to a 1/2"pipe set; 1 5. 270° 00' 140.00 feet along Lot 20-I to a 1/2"pipe set; I 6. 2510 03' 1,559.48 feet along Lot 20-1 to the point of beginning and containing an area of 20.000 Acres more or less. SUBJECT, HOWEVER, TO THE FOLLOWING: I1. A 10-ft. wide "no vehicular access"s no planting screen easement fronting TMK (3) 2-5-047:014, Road Easement. I2. A 20-ft. wide future road widening setback fronting Akoiea Road. I V"' Mile ell URRAY&ASSOCIATES, LLC r LICENSED V1, II PROFESSIONAL ..................., _�..� I `*. LAND '*• PAUL H. MU- '.• - StJRVEYOF� - No.LS-7589 Licensed Professio - and Surveyor I1/4\: y -. Certificate Number: LS-7589 �Is�11 Land Court Surveyor Certificate Number 260 ---- License Expiration Date:.April 30, 2018 IHILO, HAWAII 2016-DEC-18 I FOLDER: 04-48 FILE: kjal_d-20h TMK(3)2-5--047:013 IPAUL H. MURRAY&ASSOCIATES, LLC LICENSED PROFESSIONAL LAND SURVEYORS P.O.BOX 1189 HILO,HAWAII 98721-1189 1 0 0 I HARRY KIM •"�tv;o..... k,. COLLINS TOMEI MAYOR a°� ��4�' FINANCE DIRECTOR ii • v�� •: •:;,.fl:.13 DEANNA S.SAKO Is _ DEPUTY DIRECTOR •� 5. ' COUNTY OF HAWAII • oz Department of Finance - Real Property Tax __,_ IAupuni Center,101 Pauahi Street,Suite 4 I Hilo Hawaii 96720-42241 Fax(808)961-4224 Appraisers(808)961-8354 I Clerical(808)961-8201 I Collections(808)961-8282 1-1) 1 West Hawai'i Civic Center 74-5044 Ane Keohokalole Hwy I Bldg D 2nd Floor 1Kailua Kona,Hawaii 96740 �l i�) IFax(808)327-3538 I Appraisers(808)323-4881 I Clerical(808)323-4880 .-- ( r t I REAL PROPERTY TAX CLEARANCE • IDate:'MondaY, November 20, 2017 ITM K: (3)2-5-047-033-0000 Jarneski,Kelly R/Joanne M K Tr This is to certify that the real property taxes due to the County of Hawai'i on the parcel listed Iabove have been paid for the tax year up to and including December 31, 2017. The County's real property taxes are levied on July 1st each year. The taxes become a lien Ion the property assessed as of the levy date. This clearance was requested on behalf of Jarneski,Kelly R/Joanne M K Tr and is issued for II this parcel only. by I ,.' REAL PROPERTY TAX DIVISION Paid up to and including December 31, 2017. I Tax Clearance for Planning Department rev(6/2014) IHawai'i County is an Equal Opportunity Provider and Employer TB325HIHAW • (110 1110 HARRY KIM MAYOR o°�N•'��=�ns....... COLLINS TOMEI . FINANCE DIRECTOR '!. 1d;r4� ' tri , r4tC .:...I, • DEANNA S.SAKO . ''D"f :: DEPUTY DIRECTOR �'`o •w.N COUNTY OF HAWAII Department of Finance — Real Property Tax ' Aupuni Center,101 Pauahi Street,Suite 4 I Hilo Hawaii 96720-4224 I Fax(808)961-4224 Appraisers(808)961-8354 I Clerical(808)961-8201 I Collections(808)961-8282 West Hawaii Civic Center I 74-5044 Ane Keohokalole Hwy I Bldg D 2nd Floor I Kailua Kona,Hawaii 96740 Fax(808)327-3538 Appraisers(808)323-4881 I Clerical(808)323-4880 REAL PROPERTY TAX CLEARANCE Date: Monday, November 20, 2017 TMK: (3)2-5-047-034-0000 Jarneski,Kelly R/Joanne M K Tr This is to certify that the real property taxes due to the County of Hawai'i on the parcel listed above have been paid for the tax year up to and including December 31, 2017. The County's real property taxes are levied on July 1st each year. The taxes become a lien ' on the property assessed as of the levy date. This clearance was requested on behalf of Jarneski,Kelly R/Joanne M K Tr and is issued for ' this parcel only. by . '\ . t:;L. REAL PROPERTY TAX DIVISION Paid up to and including December 31, 2017. ■ I Tax Clearance for Planning Department rev(6/2014) 1 Hawai'i County is an Equal Opportunity Provider and Employer TB325HIHAW •I Harry Kim s.",,,F5;2!'9,,,"1, 9 Darren J. Rosario Mayor i — • �%¢ �; Fire Chief _. i -- - Renwick J. Victorino �, ij:,=o•'•Pa Deputy Fire Chief �1, 4 • �!Ot MPS County of acthvrt`t HAWAII FIRE DEPARTMENT - - - rJ • • 25 Aupuni Street•Suite 2501•Hilo,Hawaii 96720 D r-ri (808)932-2900•Fax(808)932-2928 • . . 2 co z; February 5,2018 _ . (7rn O TO: MICHAEL YEE,PLANNING DIRECTOR ry FROM: DARREN J.ROSARIO,FIRE CHIEF Z -� SUBJECT: Change of Zone Application(REZ 06-000052) Applicant: Kelly&Joanne Jarneski Request: A-20a to A-6a • • Tax Map Key:2-5-047:033 and 034 • • • In regards to the above-mentioned Change of Zone application,the following shall be in accordance: NFPA 1,UNIFORM FIRE CODE,2006 EDITION Note:Hawai`i State Fire Code, National Fire Protection Association 2006 version, with County of Hawai`i amendments. County amendments are identified with a preceding "C--,"of the reference code. Chapter 18 Fire Department Access and Water Supply • 18.1 General. Fire department access and water supplies shall comply with this chapter. For occupancies of an especially hazardous nature,or where special hazards exist in addition to the normal hazard of the occupancy,or where access for fire apparatus is unduly difficult, or areas where there is an inadequate fire flow, or inadequate fire hydrant spacing,and the AHJ may require additional safeguards including,but not limited to,additional fire appliance units, more than one type of appliance, or special systems suitable for the protection of the hazard involved. 18.1.1 Plans. 18.1.1.1 Fire Apparatus Access.Plans for fire apparatus access roads shall be submitted to the fire department for review and approval prior to construction. N,AWkf 7 Howell County=ptainlealyg itt (9}ptiltcl Employer. Exhibit 9 Michael Yee February 5,2018 Page 2 18.1.1.2 Fire Hydrant Systems.Plans and specifications for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction. C- 18.1.1.2.1 Fire Hydrant use and Restrictions.No unauthorized person shall use or operate any Fire hydrant unless such person first secures permission or a permit from the owner or representative of the department, or company that owns or governs that water supply or system. Exception:Fire Department personnel conducting firefighting operations,hydrant testing, and/or maintenance, and the flushing and acceptance of hydrants witnessed by Fire Prevention Bureau personnel. 18.2 Fire Department Access. 18.2.1 Fire department access and fire department access roads shall be provided and maintained in accordance with Section 18.2. 18.2.2*Access to Structures or Areas. 18.2.2.1 Access Box(es). The AHJ shall have the authority to require an access box(es)to be installed in an accessible location where access to or within a structure or area is difficult because of security. 18.2.2.2 Access to Gated Subdivisions or Developments. The AHJ shall have the authority to require fire department access be provided to gated subdivisions or developments through the use of an approved device or system. 18.2.2.3 Access Maintenance. The owner or occupant of a structure or area,with required fire department access as specified in 18.2.2.1 or 18.2.2.2, shall notify the AHJ when the access is modified in a manner that could prevent fire department access. 18.2.3 Fire Department Access Roads. (*may be referred as FDAR) 18.2.3.1 Required Access. 18.2.3.1.1 Approved fire department access roads shall be provided for every facility,building, or portion of a building hereafter constructed or relocated. 18.2.3.1.2 Fire Department access roads shall consist of roadways,fire lanes,parking lots lanes, or a combination thereof. 18.2.3.1.3*When not more than two one-and two-family dwellings or private garages, carports, sheds, agricultural buildings, and detached buildings or structures 400ft2(37 m2)or less are present,the requirements of 18.2.3.1 through 18.2.3.2.1 shall be permitted to be modified by the AHJ. Michael Yee February 5,2018 Page 3 18.2.3.1.4 When fire department access roads cannot be installed due to location on property, topography,waterways,nonnegotiable grades, or other similar conditions,the AHJ shall be authorized to require additional fire protection features. 18.2.3.2 Access to Building. 18.2.3.2.1 A fire department access road shall extend to within in 50 ft(15 m)of at least one exterior door that can be opened from the outside that provides access to the interior of the building.Exception: 1 and 2 single-family dwellings. 18.2.3.2.1.1 When buildings are protected throughout with an approved automatic sprinkler system that is installed in accordance with NFPA 13,NFPA 13D,or NFPA 13R,the distance in 18.2.3.2.1 shall be permitted to be increased to 300 feet. 18.2.3.2.2 Fire department access roads shall be provided such that any portion of the facility or any portion of an exterior wall of the first story of the building is located not more than 150 ft (46 m)from fire department access roads as measured by an approved route around the exterior of the building or facility. 18.2.3.2.2.1 When buildings are protected throughout with an approved automatic sprinkler system that is installed in accordance with NFPA 13,NFPA 13D, or NFPA 13R,the distance in 18.2.3.2.2 shall be permitted to be increased to 450 ft(137 m). 18.2.3.3 Multiple Access Roads.More than one fire department access road shall be provided when it is determined by the AHJ that access by a single road could be impaired by vehicle congestion,condition of terrain, climatic conditions, or other factors that could limit access. 18.2.3.4 Specifications. 18.2.3.4.1 Dimensions. e approved 18.2.3.4.1.1 FDAR shall have an unobstructed width of not less than 20ft with an turn around area if the FDAR exceeds 150 feet.Exception: FDAR for one and two family dwellings shall have an unobstructed width of not less than 15 feet,with an area of not less than 20 feet wide within 150 feet of the structure being protected.An approved turn around area shall be provided if the FDAR exceeds 250 feet. C-18.2.3.4.1.2 FDAR shall have an unobstructed vertical clearance of not less then 13ft 6 in. C-18.2.3.4.1.2.1 Vertical clearances may be increased or reduced by the AHJ,provided such increase or reduction does not impair access by the fire apparatus, and approved signs are installed and maintained indicating such approved changes. Michael Yee February 5,2018 Page 4 18.2.3.4.1.2.2 Vertical clearances shall be increased when vertical clearances or widths are not adequate to accommodate fire apparatus. C-18.2.3.4.2 Surface.Fire department access roads and bridges shall be designed and maintained to support the imposed loads(25 Tons)of the fire apparatus. Such FDAR and shall be comprised of an all-weather driving surface. 18.2.3.4.3 Turning Radius. C-18.2.3.4.3.1 Fire department access roads shall have a minimum inside turning radius of 30 feet, and a minimum outside turning radius of 60 feet. 18.2.3.4.3.2 Turns in fire department access road shall maintain the minimum road width. 18.2.3.4.4 Dead Ends.Dead-end fire department access roads in excess of 150 ft(46 m)in length shall be provided with approved provisions for the fire apparatus to turn around. 18.2.3.4.5 Bridges. 18.2.3.4.5.1 When a bridge is required to be used as part of a fire department access road, it shall be constructed and maintained in accordance with county requirements. 18.2.3.4.5.2 The bridge shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. 18.2.3.4.5.3 Vehicle load limits shall be posted at both entrances to bridges where required by the AHJ. 18.2.3.4.6 Grade. C—18.2.3.4.6.1The maximum gradient of a Fire department access road shall not exceed 12 percent for unpaved surfaces and 15 percent for paved surfaces. In areas of the FDAR where a Fire apparatus would connect to a Fire hydrant or Fire Department Connection,the maximum gradient of such area(s) shall not exceed 10 percent. 18.2.3.4.6.2*The angle of approach and departure for any means of fire department access road shall not exceed 1 ft drop in 20 ft(0.3 m drop in 6 m) or the design limitations of the fire apparatus of the fire department,and shall be subject to approval by the AHJ. 18.2.3.4.6.3 Fire department access roads connecting to roadways shall be provided with curb cuts extending at least 2 ft(0.61 m)beyond each edge of the fire lane. Michael Yee February 5,2018 Page 5 18.2.3.4.7 Traffic Calming Devices.The design and use of traffic calming devices shall be approved the AHJ. 18.2.3.5 Marking of Fire Apparatus.Access Road. 18.2.3.5.1 Where required by the AHJ, approved signs or other approved notices shall be provided and maintained to identify fire department access roads or to prohibit the obstruction thereof of both. 18.2.3.5.2 A marked fire apparatus access road shall also be known as a fire lane. 18.2.4* Obstruction and Control of Fire Department Access Road. • 18.2.4.1 General. 18.2.4.1.1 The required width of a fire department access road shall not be obstructed in any manner,including by the parking of vehicles. 18.2.4.1.2 Minimum required widths and clearances established under 18.2.3.4 shall be maintained at all times. 18.2.4.1.3* Facilities and structures shall be maintained in a manner that does not impair or impede accessibility for fire department operations. 18.2.4.1.4 Entrances to fire departments access roads that have been closed with gates and barriers in accordance with 18.2.4.2.1 shall not be obstructed by parked vehicles. 18.2.4.2 Closure of Accessways. 18.2.4.2.1 The AHJ shall be authorized to require the installation and maintenance of gates or other approved barricades across roads,trails, or other accessways not including public streets, alleys, or highways. 18.2.4.2.2 Where required, gates and barricades shall be secured in an approved manner. 18.2.4.2.3 Roads,trails, and other access ways that have been closed and obstructed in the manner prescribed by 18.2.4.2.1 shall not be trespassed upon or used unless authorized by the owner and the AHJ. 18.2.4.2.4 Public officers acting within their scope of duty shall be permitted to access restricted property identified in 18.2.4.2.1. Michael Yee February 5,2018 Page 6 18.2.4.2.5 Locks, gates,doors,barricades,chains, enclosures, signs,tags, or seals that have been installed by the fire department or by its order or under its control shall not be removed, unlocked, destroyed,tampered with, or otherwise vandalized in any manner. 18.3 Water Supplies and Fire Hydrants 18.3.1*A water supply approved by the county, capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facilities or buildings,or portions thereof, are hereafter constructed, or moved into or within the county. When any portion of the facility or building is in excess of 150 feet(45 720 mm) from a water supply on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on- site fire hydrants and mains capable of supplying the required fire flow shall be provided when required by the AHJ. For on-site fire hydrant requirements see section 18.3.3. EXCEPTIONS: 1. When facilities or buildings,or portions thereof, are completely protected with an approved automatic fire sprinkler system the provisions of section 18.3.1 may be modified by the AHJ. 2. When water supply requirements cannot be installed due to topography or other conditions,the AHJ may require additional fire protection as specified in section 18.3.2 as amended in the code. 3. When there are not more than two dwellings, or two private garage,carports, sheds and agricultural. Occupancies,the requirements of section 18.3.1 may be modified by AHJ. 18.3.2* Where no adequate or reliable water distribution system exists, approved reservoirs, pressure tanks, elevated tanks, fire department tanker shuttles,or other approved systems capable of providing the required fire flow shall be permitted. 18.3.3* The location,number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on a fire apparatus access road on the site of the premises or both, in accordance with the appropriate county water requirements. 18.3.4 Fire Hydrants and connections to other approved water supplies shall be accessible to the fire department. 18.3.5 Private water supply systems shall be tested and maintained in accordance with NFPA 25 or county requirements as determined by the AHJ. 18.3.6 Where required by the AHJ, fire hydrants subject to vehicular damage shall be protected unless located within a public right of way. Mr. Michael Yee, Director Page 2 February 5, 2018 dates stated. Please keep in mind that this letter shall not be construed as a water commitment. In other words,unless a water commitment is officially effected,water availability is subject to change without notice, depending on the water situation. For the applicant's information, final subdivision approval will be subject to compliance with the following requirements: 1. Construct necessary water system improvements, which shall include, but not be limited to: a. service laterals that will accommodate 5/8-inch sized meters to front each lot, and b. subject to other agencies' requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development,the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities, should they be necessary. Submit construction plans and design calculations prepared by a professional engineer, registered in the State of Hawai`i, for review and approval. 2. Remit the prevailing facilities charge, which is subject to change, in accordance with the Department's Rules and Regulations. FACILITIES CHARGE (FC): Two (2) existing service paid Four (4) additional units at$5,500.00/unit 22,000.00 Total FC $22,000.00 This is due and payable upon completion of the installation of the required water system improvements and prior to final subdivision approval being granted. For your information, water commitment deposits are credited towards the final facilities requirement for the development. Note that the amount of water commitment deposit may exceed the prevailing facilities charge amount; for example, when requests for time extensions continue and are approved. Until the development is finally completed, these are separate and unrelated items. In the event that water commitment deposits exceed the facilities charge,no refunds are applicable. 3. Submit the appropriate documents, properly prepared and executed, to convey the water system improvements and necessary easements to the Water Board of the County of Hawai`i prior to Mr. Michael Yee, Director Page 3 February 5, 2018 final subdivision approval being granted. A registered land surveyor shall stamp and certify the metes and bounds description within the conveyance documents. However, prior to water meter services being granted to the development, or any lots within, the conveyance documents shall be accepted by the Water Board. Should there be any questions,please contact Mr. Troy Samura of our Water Resources and Planning Branch at 961-8070, extension 255. Sincerely yours, . ktAtemotib Keith K. Okamoto,P.E. Manager-Chief Engineer TS:dfg copy- All Aina Services Kelly&Joanne Jameski • Harry Kim _ �_ �, '• ' - ---••- William A.Kucharski Mayor :.;�� :�:'�// Director Wilfred M.Okahe ,►�of N.� Diane A.Noda ..d Managing Director "" Deputy Director Count r ofP £nni`i DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanao`a Street,Suite 41-Hilo,Hawaii 96720 rV Ph:(808)961-8083•Fax:(808)961-8086 cohdem@co.hawaii.hi.us - �� http://www.hawaiicounty.gov/environmental-management/ C) ;' • C.C. 'j r C'r� MEMORANDUM e��? rV r TO: Michael Yee,Director Planning Department l /C. FROM: William A.Kucharski,Director 1?- Environmental Management Dep.'i' e DATE: February 20,2018 SUBJECT: Change of Zone Application(REZ 18-000226) Applicant: Kelly and Joanne Jarneski Request: A-20a to A-6a Tax Map Key: 2-5-047:033 and 034 The Solid Waste Division has reviewed the subject application and offers the following comments and/or recommendations(contact the Solid Waste Division for details): (X) No comments. ( ) Commercial operations, State and Federal agencies,religious entities and non-profit organization 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 Hawaii 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: 116865 County of Hawaii is an Equal Opportunity Provider and Employer Planning � �• Exhibit Mr.Michael Yee,Director February 20, 2018 Page 2 The Wastewater Division has reviewed the subject application and offers the following comments and/or recommendations (contact the Wastewater Division for details): (X) No comments. ( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii County Code. ( ) Require Council Resolution to approve sewer extension in accordance with Section 21- 26.1 of the Hawai`i County Code.Complete Sewer Extension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawai`i County Code. ( ) Check or line out as applicable: [ ] If required by the Director of the Department of Environmental Management("Director of DEM"), [ ] applicant shall conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. Applicant shall provide such sewer line or other facility improvements as the Director.of DEM may reasonably require,which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief for details. ( ) Other: WK:mef .-J�SY Of p�,, Harry Kim =c..ca: \,i�`l Paul K.Ferreira Mayor �`A Police Chief •K-rwir.r_...: : ,...,) Kenneth Bugado Jr. Deputy Police Chief County of Hawaii POLICE DEPARTMENT ,�, 349 Kapiolani Street • Hilo,Hawai'i 96720-3998 it (808)935-3311 • Fax(808)961-8865C7. CD Z 53 January 24, 2018 ?z ,� -�; Cu TO : MICHA YE , 'LANNI ,1 DIRE/ OR Dm 1•-I FROM : MITCH1LL . KANEHAILUA, JR., A : :ISTANT POLICE CHIEF . AREA (OPERATIONS BUREAU SUBJECT: CHANGE OF ZONE APPLICATION (REZ 18-000226) APPLICANT: KELLY & JOANNE JARNESKI REQUEST: A-20A TO A-6A TAX MAP KEY: 2-5-047:033 AND 034 Staff, upon reviewing the provided documents, does not anticipate any significant impact to traffic and/or other 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(c�hawaiicounty.gov. GE:IIi/180065 116376 "Hawaii County isan Equal Opportunity Provider and Employer" Planning Dept. Exh;bit I F' •�G, hq-�.k .... �,,,,, _ _ •,. SUZANNE D.CASE DAVID Y.LGE :.?'•;95a - - _ CHAIRPERSON GOVERNOR OFHAINAli y-. A ` '<% BOARD OF LAND AND NATURAL RE.SOURCES :,��l.., •„_ COMMISSION ON WATER RESOURCE • ;`1 !44'^ `ti‘ t11ANACE\1Ecr otSyvd and 4., `, 3`,14.4, -Lf . ..- - A- z{L STATE OF HAWAII _-' - 0 7 Sfdte of tliri° DEPARTMENT OF LAND AND NATURAL RESOURCES " :. , . -• _ LAND DIVISION . `. � t�Z _'• ' == 1---A POST OFFICE BOX 621 .' ., • . HONOLULU.HAWAII 96809 CP: _=• February 12,2018 *m (.4_-) ; -• —z -t County of Hawaii Planning Department Attention: Ms. Shancy Watanabe via email: shancv.watanabe@hawaiicountv.gov 101.Pauahi Street, Suite 3 - - - - Hilo, Hawaii 96720 I Dear Ms. Watanabe: SUBJECT: Change of Zone Application (REZ 18-000226) of Kelly&Joanne Jarneski from A-20a to a-6a located at Ponahawai-Kaumana i Homesteads, South Hilo, Island of Hawaii; TMK: (3) 2-5-047:33 and 34 Thank you for the opportunity to review and comment on the subject matter. The Department of Land and Natural Resources' (DLNR) Land Division distributed or made available a copy of your report pertaining to the subject matter to DLNR Divisions for their 6 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 1 free to call Darlene Nakamura at (808) 587-0417. Thank you. I Sincerely, 7.7z, 1 I 1 Russell Y. Tsuji Land Administrator Enclosures I cc: Central Files i I 3 i i d t 116771 I I Planning Dept. I Exhibit ir .4_ . 1?-.F.'ti., E O.CASE ;.P`•;,9s9.'; '`-1''';-17; SUZANNE D.CASE ;4.p. •1959,%� CIIAIRPERSON OAVIDY.IGE y, BOARD OF LAND AND NATURAL RESOURCES GOVERNOR OF HANAll iCOMAIISSION ON WATER RESOURCE (OK,*i `: MANAGEMENT 1 Mand and Nat n i'" z '"-� St• 4_ "=-,7�- STATE OFHAWAII 7P I8 JAr13 0 P 1: 13 -r.re ofltaV,;a DEPARTMENT OF LAND AND NATURAL RESOURCES LANDD1VISION RECEIVED POST OFFICE BOX 621 LAND DIVISIO 1 HONOLULU,HAWAII 96809 11 I LO,HAWAII . January 25, 2018 MEMORANDUM VW FO: DLNR Agencies: -,, ._--.- Div. f: _Div. of Aquatic Resources :' `'' ' Div.of Boating &Ocean Recreation ,......p. X Engineering Division ._, --; c.:•-. -2=� _Div. of Forestry &Wildlife - f��. t`� � Div.of State Parks = X Commission on Water Resource Management -_ _ _Office of Conservation &Coastal Lands • „D X Land Division-Hawaii District X Historic Preservation KPIt 'QOM: Russell Y.Tsuji, Land Administrator SUBJECT: Change of Zone Application (REZ 18-000226) from A-20a to a-6a LOCATION: Ponahawai-Kaumana Homesteads, South Hilo, Island of Hawaii; TMK: (3) 2-5-047:33 and 34 APPLICANT: County of Hawaii on behalf of Kelly&Joanne Jarneski Transmitted for your review and comment is information on the above-referenced subject matter. We would appreciate your comments by February 9,2018. 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. ( ViAle have no objections. • ( We have no comments. ( ) Comments are attached. Signed: — � Print Name: �a#4 i>opt/ c- ./2/. .- Date: z.7/2/./ A::" Attachments cc: Central Files I DAVID Y.IGE o N VIRGINIA PRESSLER,M.D. GOVERNOR OF HAWAII ;�� '�as � DIRECTOR OF HEALTH �l • STATE OF HAWAII DEPARTMENT OF HEALTH P.O.BOX 916 H I LO,HAWAII 96721-0916 188 cT CJS MEMORANDUM 0 r co DATE: February 1,2018 D Z w TO: Mr. Michael Yee Planning Director, County of Hawaii • FROM: Eric Honda District Envir amental Health Program Chief SUBJECT: Change of Zone Application(REZ-18-000226) Applicant: Kelly&Joanne Jarneski , Request: A-20a to a-6a TMK: 2-5-047:033 and 034 The applicant would need to meet the requirements of our Department of Health Air Pollution Rules, Chapter 60.1,Title 11, State of Hawaii for fugitive dust control. If there is need to discuss these requirements,please contact our Clean Air Branch staff at Ph. 933-0401. The Department of Health(DOH),Clean Water Branch(CWB), acknowledges receipt of the subject document on January 23,2018. The CWB has reviewed the limited information contained in the subject document and offers the following comments: Permit Issuance * Any project and its potential impacts to State waters must meet the State's: 1) Antidegradation policy,which requires that the existing uses and the level of water quality necessary to protect the existing uses of the receiving State water be maintained and protected; 2) Designated uses, as determined by the classification of the receiving State waters; and 3) Water quality criteria [Hawaii Administrative Rules (HAR), Chapter 11-54], * A Section 401 Water quality Certification(WQC) is required if your project/activity: Requires a federal permit,license, certificate,approval,registration, or Statutory exemption; and May result in a discharge into State waters. The term"discharge"is defined in Clean Water Act, Subsections 502(16), 502(12),and 502(6). 1131' Planning Rept. Exhibit Michael Yee February 1,2018 Page 2 of 4 Examples of"discharge"include,but are not limited to, allowing the following pollutants to enter State waters from the surface or in-water: solid waste, rock/sand/dirt,heat, sewage, construction debris, any underwater work, chemicals, fugitive dust/spray/paint, agricultural wastes, biological materials,industrial wastes, concrete/sealant/epoxy, and washing/cleaning effluent. Determine if your project/activity requires a federal permit, license, certificate, approval,registration, or statutory exemption by contacting the appropriate federal agencies(e.g. Department of the Army (DA), U.S. Army Corps of Engineers (COE), Pacific Ocean Division Honolulu District Office(POH)Tel: 808-835-4303; U.S. Environmental Protection Agency Tel: 415-947-8021; Federal Energy Regulatory Commission Tel: 866-208-3372; U.S. Coast Guard Office of Bridge Programs Tel: 202-372-1511). To request a Section 401 WQC,you must complete and submit the Section 401 WQC application. This application is available on the e-Permitting Portal website located at: https://eha-cloud.doh.hawaii.gov/epermit/. Please see HAR, chapter 11-54 for the State' Water Quality Standards and for more information on the Section 401 WQC. HAR, Chapter 11-54 is available on the CWB website at: http://health.hawaii.gov/cwb/. • National Pollutant Discharge Elimination System(NPDES)permit coverage is required for: -Storm water associated with construction activities for land disturbances of one (1) acre or more. Land disturbance includes, but is not limited to, clearing, grading, grubbing,excavation, demolition, uprooting of vegetation, equipment staging, and storage areas. -Storm water associated with industrial activities for facilities with Standard Industrial Classification Codes regulated in 40 CFR 122.26(b)(14)(i)through (ix)and(xi). -Storm water and certain non-storm water from a small Municipal Separate Storm Sewer System. -Discharges of water pollutants into State surface waters. Examples of these discharges include,but are not limited to, cooling water,hydrotesting waters, dewatering effluent, and process wastewater. -Discharges from the application of pesticides (including pesticides, herbicides, fungicides,rodenticides, and various other substances to control pest)to State waters. An application for an NPDES individual permit must be submitted at least 180 calendar days before the commencement of the discharge or start of construction activities. To request and NPDES individual permit, you must complete and Michael Yee February 1,2018 Page 3 of 4 submit the NPDES individual permit application. This application is available on the e-Permitting Portal website located at: https://eha-cloud.doh.hawaii.gov/evennit/. A Notice of Intent(NOI) for coverage under a specific NPDES geiieral permit must be submitted at least 30 calendar days before the commencement of the discharge or start of construction activities. To request NPDES general permit coverage,you must complete and submit the NOI. The NOI is available on the e-Pennitting Portal website located at: https://eha-cloud.doh.hawaii.gov/epermit/. Please see HAR, Chapter 11-55 for more information on the NPDES individual permit and NPDES general permits. The specific NPDES general permits located in HAR, Chapter 11-55,Appendices B through M. HAR, Chapter 11-55 and HAR, Chapter 11-55, Appendices B through M are available on the CWB website.at: http://health.hawaii.gov/cwb/. • According to State Iaw, all discharges related to the project construction or operation activities, whether or not NPDES permit coverage and/or Section 401 WQC are required,must comply with the State's Water Quality Standards. Monitoring • Effluent discharge and/or receiving water monitoring may be required as conditions of Section 401 Water Quality Certifications and NPDES General and Individual permits. Enforcement • Noncompliance with water quality requirements contained in HAR,Chapter 11-54 and/or permitting requirements specified in HAR, Chapter 11-55 may be subject to penalties of$25,000 per day per violation. • Violations of Hawaii Revised Statutes 342D and 342E may elicit administrative, civil and criminal penalties for such violations. Polluted Runoff Control • Manage projects identified in watershed-based plans that reduce polluted runoff and educate the public about nonpoint source pollution. Projects are selected through an annual request for proposals. Funding is provided by the EPA through the Clean Water Act. For more information on projects and funding opportunities,please visit: www.hawaii.gov/doh/pollutedrunoffcontrol. If you have any questions,please contact Ms. Joanne Seto, Supervisor of the Engineering Section, CWB,at(808) 586-4309. V Michael Yee February 1, 2018 Page 4 of 4 Construction activities must comply with the provisions of Hawaii Administrative Rules, Chapter 11-46, "Community Noise Control." 1. The contractor must obtain a noise permit if the noise levels from the construction activities are expected to exceed the allowable levels of the rules. 2. Construction equipment and on-site vehicles requiring an exhaust of gas or air must be equipped with mufflers. 3. The contractor must comply with the requirements pertaining to construction activities as specified in the rules and the conditions issued with the permit. Should there be any questions on this matter, please contact the Department of Health at 933- 0917. Lands formerly used for sugarcane production are now being developed into communities where residential homes, schools and commercial businesses are being constructed. Chemicals . associated with the sugarcane industry persist in soil today and may be a threat to public health and the environment. Elevated arsenic levels were discovered in soil at former sugarcane production areas on the islands. The HEER Office has identified former sugarcane production areas for assessment throughout the state and plans to work with property owners to conduct environmental assessments to identify and address elevated soil arsenic levels prior to finalizing development plans for the properties. We recommend that you review all of the Standard Comments on our website: http://hawaii.gov/health/environmental/env-planning/landuse/landuse.html. Any comments specifically applicable to this project should be adhered to. The same website also features a Healthy Community Design Smart Growth Checklist (Checklist) created by Built Environment Working Group (BEWG) of the Hawaii State Department of Health. The BEWG recommends that state and county planning departments, developers,.planners, engineers and other interested parties apply the healthy built environment principles in the Checklist whenever they plan or review new developments or redevelopments projects. We also ask you to share this list with others to increase community awareness on healthy community design. l _ _ SUZANNE D.CASE �%Eµ0F "`'- CHAIRPERSON DAVID Y.ICE { !?-i,',-, BOARD OF LAND AND NATURAL RESOURCES P.,::. COMEESSION ON WATER RESOURCE MANAGEMENT GOVERNOR OF HAWAII ;f'C 19 5 e•�':% • 1sf .1 ROBERT K.MASUDA 1r f f tie ., S FIRST DEPUTY 4and and Aj 'l a T rC• • JEFFREY T.PETERSON E J. �t; � r ` fiery` 'i ,i; $ J DEPUTY DIRECTOR-WATER .t `�' '"' �0 \'!':, ' AQUATIC RESOURCES rut "'`.''V-`S' ?\ ••E •-, BOATING AND OCEAN RECREATION _ti.•.:.'• �•�.::.rte y =B� n ',;..,:_.E :'11-''' BUREAU OF CONVEYANCES O '.�. COMMISSION ON WATER RESOURCE MANAGEMENT CONSERVATION AND COASTAL LANDS ` STATE OF HAWAII CONSERVATION AND ENG-tp„4.9.0ENFORCEMENT ,, - .. :�,�p.•. FORESTRY AND WILDLIFE State ofHavO DEPARTMENT OF LAND AND NATURAL RESOURCES HISTORIC PRESERVATION KAIIOOLAWE ISLAND RESERVE COMMISSION LAND STATE HISTORIC PRESERVATION DIVISION STATE PARKS KAKUHIHEWA BUILDING 601 KAMOKILA BLVD,STE 555 KAPOLEI,HAWAII 96707 March 13,2018 IN REPLY REFER TO: Michael Yee,Planning Director LOG NO: 2018.00113 County of Hawaii DOC NO: 1803SN02 Pauahi Street, Suite 3 Archaeology Hilo,HI 96720 c/o shancy.watanabe(aihawaiicounty.gov Dear Mr.Yee: SUBJECT: Chapter 6E-42 Historic Preservation Review— County of Hawaii Zoning Change for the Jarneski Properties(REZ 18-000226) Kaumana and Ponahawai Ahupua`a,South Hilo District,Island of Hawaii TMK: (3)2-5-047:033 and 034 This letter provides the State Historic Preservation Division's (SHPD's) review of the subject application received by our Hilo office on January 30, 2018. The application indicates the landowners, Kelley and Joanne Jarneski, request a change of zoning from an Agriculture 20-acre (A-20a) district to an Agriculture 6-acre (A-6a) district. It also indicates the subject 20-acre project area has previously been subjected to several subdivisions and a consolidation/re-subivision,including adjacent parcel 017.The proposed change of zoning will facilitate the creation of three(3)parcels on each of the two parcels(parcel 033 and 034). In a letter dated February 3, 2012 (Log No. 2011.2886, Doc.No. 1202TD02), SHE'D provided comments for parcel 033 relating to a proposed conservation plan for an organic ginger farm on the parcel. The letter indicated that the project area has been used for sugar cultivation in the past. It also indicated the presence of a known historic property, the Kaumana Hongwanji School-Church (SIHP 50-10-34-7428),which at the time of SHPD's review was within the boundaries of parcel 033. Due to subsequent re-subdividing, SIHP is located on parcel 017, which is outside the current project area. A review of our records indicates that no archaeological inventory survey has been completed for the current project area. It also indicates that no historic properties have been identified. Additionally, aerial photos confirm that the project area has been subject to previous agriculture uses, cattle and leased for other farming uses. Based on available information, SHPD's determination is no historic properties affected for the current project. Therefore,the permit issuance process may proceed. Attach to permit: In the event that subsurface historic resources, including human skeletal remains, structural remains, cultural deposits, sand deposits, or sink holes are identified during the demolition and/or construction work, cease work in the immediate vicinity of the find,protect the find from additional disturbance,and contact the State Historic Preservation Division at(808)933-7651. Please contact Sean Naleimaile at(808) 933-7651 or at Sean.P.Naleimaile@hawaii.gov for any questions regarding this letter. Aloha, SIAt a.-v\. A_,. L.Q_Arc, Susan A.Lebo,PhD Archaeology Branch Chief Planning Die K.Nakamura (darlene.k.nakamura@hawaii.gov) Exhibit 10 RJameskiREZ.shw—03/22/2018 COUNTY OF HAWAI'I PLANNING DEPARTMENT RECOMMENDATION KELLY & JOANNE JARNESKI CHANGE OF ZONE APPLICATION (REZ 18-000226) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation for a Change of Zone from Agricultural 20-acres (A-20a) to an Agricultural 6-acres (A-6a) for approximately forty (40) acres of land be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position. This favorable recommendation is based on the following findings: The applicants are requesting a change of zone for two (2) contiguous twenty-acre parcels from A-20a to A-6a for approximately forty(40) acres of land in order to create a six (6) lot subdivision. The subject properties are located on the west side of Akolea Road, about 550 feet north of the intersection of Kaumana Drive and Akolea Road, portion of Ponahawai-Kaumana Homesteads, South Hilo, Hawai`i, TMK's: (3)2-5-047:033 and 034. Four of the proposed lots will be a minimum of six (6) acres and two (2) lots will be about eight (8) acres each. According to the Zoning Code, the purpose of the Agricultural district is to provide for agricultural and very low density agriculturally-based residential use, encompassing rural areas of good to marginal agricultural and grazing land, forest land, game habitats, and areas where urbanization is not found to be appropriate. The applicants are requesting the change of zone in order to create a six (6) lot subdivision. Upon final subdivision approval, the applicants plan to sell five (5) of the resulting lots. The applicants will continue living in the existing permitted dwelling located on TMK: (3) 2-5-047:034. The remainder of Parcel 34 is pasture land for grazing cattle. Parcel 33 is vacant of structures, and is currently pasture land for cattle grazing. 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 -1- 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 be also considered as they may have an impact on similar areas in the County. The proposed Change of Zone from an Agricultural 20-acres (A-20a) to an Agricultural 6-acre (A-6a) zoned district will conform to, among others, the following goals, policies and standards of the Land Use and Economic General Plan Elements and the General Plan 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 proposed request conforms to the LUPAG Map, which for Parcel 33, the General Plan indicates mostly Important Agricultural Lands with a portion of Low Density Urban and an even smaller portion of Medium Density Urban. For parcel 34, the General Plan indicates mostly Important Agricultural Lands and a sliver of Extensive Agriculture. Important agricultural lands are those lands with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors. Extensive Agriculture are lands that are not classified as Important Agricultural Land and includes lands that are not capable of producing sustained,high agricultural yields without the intensive application of modern farming methods and technologies due to certain physical constraints such as soil composition, slope, machine tillability and climate. Other less intensive agricultural uses such as grazing and pasture may be included in the Extensive Agriculture category. Low Density Urban are residential,with ancillary community and public uses, and neighborhood and convenience-type commercial uses with overall density up to six (6) units per acre. Medium Density Urban are village and neighborhood commercial and single family and multiple family residential and related functions up to 35 units per acre. -2- On the Agricultural Lands of Importance to the State of Hawai`i (ALISH) map, the majority of both properties are identified as "Prime Agricultural Land" with a sliver on each parcel as "Unclassified". Most of Parcel 33 is classified as "C" or "Fair" for agricultural soil productivity with the length of the property line parallel to Kaumana Drive as "unclassified." The entirety of Parcel 34 is classified as "C" or"Fair" for agricultural soil productivity. The U.S. Department of Agriculture (U.S.D.A.) indicates that the soil survey for the subject properties are lava flows, pahoehoe (rLW), which has been mapped as a miscellaneous land type. This lava has a billowy, glassy surface that is relatively smooth, though can be rough and broken in some areas. In areas of higher rainfall, this lava contributes to the ground-water supply. Kaiwiki silty clay loam, 0 to 10 percent slope (KaC), is low on the windward side of Mauna Kea. Permeability is rapid, runoff is slow and erosion hazard is slight. Roots can penetrate to a depth of five (5) feet or more. The two (2) subject properties are approximately twenty(20) acres in size with a combined land size of forty(40) acres. Both parcels sit around the 1,100-foot elevation gradually sloping down towards the east. Parcel 33 is shaped like a capital letter 'T' with the bottom shortened about two-thirds down, and is currently used for pasture land. Parcel 34 is a five-sided polygon, and is improved with a single-family dwelling built in 2007 and is located in the northeastern corner about 300 feet in from Akolea Road. The remainder of Parcel 34 is overgrown with Wainaku grass. Surrounding properties are zoned agricultural (A-20a and A-3a) to the north and east across Akolea Road. To the south and west are properties zoned A-20a. Uses in the immediate area include scattered single-family dwellings, farm dwellings and agricultural activities. Both properties are in the State Land Use Agricultural district. The Hilo Community Development Plan (CDP), adopted as Planning Commission Resolution No. 1 on May 21, 1975, identifies the property for agricultural use. The proposed change of zone would complement the existing land uses in this area and will provide for orderly development of the area. A major concern in allowing a rezoning of agricultural land which creates smaller lot sizes is that this will reduce the potential use of the land for commercial agriculture by -3- fragmenting the land into areas too small to be farmed on a commercial scale. While a few crops can be intensively cultivated on very small acreage, usually these crops have a very limited market. Reducing the size of the lots could reduce the range of potential agricultural uses and the range of market opportunities for those crops. In this particular situation, the applicants constructed a dwelling for themselves on one lot while reserving the proposed remaining lots for sale. The newly created lots will still have the potential to be used for farming or agricultural purposes. As an alternative to applying for a change of zone with the current zoning, land size and meeting other infrastructure requirements from reviewing agencies, the owner could build a second dwelling related to active farming on a commercial scale (called a farm dwelling) on the lot. However, the applicant could not further subdivide the subject property to convey that land area. Should this request be approved, the applicants could potentially apply for an Additional Farm Dwelling, allowing for the construction of a second dwelling unit (meeting the criteria for a farm dwelling) on each lot. The potential to allow additional dwellings may contribute to the cumulative burden on the existing infrastructure. As such, a condition is included to prohibit a second dwelling unit(also known as a farm dwelling) and/or a Condominium Property Regime (CPR) on each lot. The condition will require that restrictive covenants be included in the deeds of all the proposed lots for the subdivision prohibiting second dwelling units to preserve the residential/agricultural ambience of the area. The proposed Change of Zone will conform to, among others, the goals, policies and standards of the Land Use and Economic General Plan Elements: 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, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. -4- Economic • Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. • Economic development and improvement shall be in balance with the physical, social and cultural environments of the island of Hawai`i. • Provide an economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural and social environment. change es'The proposed ro d chof zone is consistent with the General Plan designation for the area. Section 13.2.5.2.2(j) Courses of Action of the General Plan states, improve Akolea Road between Pi`ihonua and Kaumana Drive and construct its extension to the upper reaches of Ainaola Drive to provide a cross-city connection between upper Wailuku and Waiakea-Uka. To achieve this policy, the Planning Director recommends future road widenings consistent with the City of Hilo Zone Map, adopted by Ordinance No. 187 in 1968. All essential utilities and services are available to the property. Access to each of the subject properties is from Akolea Road, which is a County owned and maintained roadway with a minimum twelve (12) feet of pavement up to twenty (20) feet of pavement width along the frontage of the subject properties within the existing thirty(30) foot wide right-of-way. For each Parcel 33 and 34, the applicant proposes two side-by-side flag lots and one lot directly fronting Akolea Road in their conceptual subdivision map. Opposite of Akolea Road, the subject properties also front a private road extension of Wilder Road, known as TMK: (3) 2-5-047:014. The City of Hilo Zone Map (Ordinance No. 187) identifies Akolea Road as a secondary arterial with a proposed 80-foot right-of-way. There is an existing ten (10) foot wide easement for the Hawai`i Electric Light Company(HELCO) for an overhead transmission line fronting Akolea Road. As Akolea Road has an existing thirty(30) foot wide right-of-way, a future road widening of twenty-five (25) feet wide on each side of the road would help to achieve the City of Hilo Zone Map 80-foot wide right-of-way for Akolea Road. As mentioned above, the Planning Director recommends a condition requiring the applicant identify and -5- dedicate a twenty-five (25) future road widening easement along the Akolea Street frontage in conformance with the City of Hilo Map. There is an existing waterline within Akolea Road fronting the subject parcels. There is one (1) existing service lateral and one (1) existing meter fronting the existing parcels providing a maximum of one (1) unit of water to each parcel. There is a maximum of four (4) additional units of water(or an average of 1,600 gallons per day) that can be made available between the subject parcels. Each unit of water is equal to an average daily usage of 400 gallons and suitable for only one (1) single-family dwelling. A water commitment is required for the requested four (4) additional units of water. The applicant shall construct the necessary water system improvements and remit the prevailing facilities charge upon completion of the installation of the required water system improvements and the effecting the properly prepared and conveyed documents, prior to final subdivision approval. The preceding are recommended as conditions of approval for this change of zone ordinance. County sewer service is not available in the area. The applicant indicates that the Hilo landfill will be closing, which is the nearest solid waste disposal location. According to the 2018 South Hilo Landfill Final Closure Final Environmental Assessment, the County of Hawai`i Department of Environmental Management will continue to implement its current waste diversion program, as well as explore other options to effectively divert waste from the island waste stream, which will help to reduce the impacts and costs associated with trucking waste from East Hawai`i to the West Hawai`i Sanitary Landfill. All essential utilities are available to the subject properties. Fire and medical services are available from the Kawailani Fire Station. Police services are available from the Hilo Police Station. Concurrency requires a traffic study whenever a proposed development will generate over 50 peak hour trips. Based on the subject request, a Traffic Impact Analysis Report (TIAR) is not required. The nearest Civil Defense siren is located less than 3,750 feet away at the Kaumana Caves. The proposed project does not trigger the requirement of an additional Civil Defense siren at this time. There are no severe geological or topographical problems for either of the -6- subject parcels that cannot be properly rectified or which would render the land unusable. According to a February 15, 2018 memo from the Department of Public Works Engineering Division, a portion of Parcel 33 is in an area designated as Flood Zone AE on the Flood Insurance Rate Map (FIRM)by the Federal Emergency Management Agency(FEMA). Flood Zone AE is the Special Flood Hazard Area inundated by the 100-year flood (1% chance of occurring in any given year) where flood elevations have been determined. The remainder of Parcel 33 and the entire Parcel 34 are in an area designated as Zone X on the FIRM by FEMA. Zone X is an area determined to be outside the 500-year floodplain. All development-generated runoff shall be disposed of onsite and not directed toward any adjacent properties. A drainage study shall be prepared and the recommended drainage system shall be constructed meeting the approval of the Department of Public Works. There are no known streams that traverse the subject properties. The nearest stream is the non-perennial Kaluiiki tributary from the Wailoa River, which is about 329 feet to the north and flows down towards the east (away from the subject properties). Any project and its potential impacts to State waters must meet State and Federal rules and regulations. According to the State Department of Health, lands formerly used for sugarcane production are now being developed into communities where residential homes, schools and commercial businesses are being constructed. Chemicals associated with the sugarcane industry persist in soil today and may be a threat to public health and the environment. Elevated arsenic levels were discovered in soil at former sugarcane production areas on the islands. The State Department of Health Hazard Evaluation and Emergency Response (HEER) Office has identified former sugarcane production areas for assessment throughout the state and plans to work with property owners to conduct environmental assessments to identify and address elevated soil arsenic levels prior to finalizing development plans for the properties. Air quality in the subject area is mostly affected by emissions from natural and vehicular sources, as well as the volcanic haze from the Kilauea Volcano. According to the State Department of Health, the applicant would need to meet the requirements of the Department of Health Air Pollution Rules, Chapter 60.1, Title 11, State of Hawai`i for -7- fugitive dust control. Existing noise levels are from traffic and incidental human activity, livestock, 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. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The entire State of Hawai`i lies within the Coastal Zone Management(CZM) area. The intent of the Coastal Zone Management Program is to guide and regulate public and private uses in the CZM area with respect to recreational resources,historic resources, public access to shoreline, scenic and open space resources, coastal ecosystems, marine resources, economic uses, coastal hazards, managing development, public participation and beach protection. Both subject properties, at about the 1,100-foot elevation, are not situated within the County's Special Management Area (SMA) and are located over four(4) miles from the nearest coastline. The proposed change of zone and the subsequent subdivision are not anticipated to change the visual attributes of the existing views of the ocean from North Wilder Road or from Akolea Road. The views of Mauna Kea and Mauna Loa from Kaumana Drive will not be affected. The property is not listed as a distinctive and identifiable landmark as identified in the Hawai`i County General Plan. Thus, the proposed request and use of the property will not adversely impact those resources. Due to previous grading, grubbing and cattle grazing activity, the applicants indicated that it is unlikely that any threatened or endangered floral or faunal species are present on the property. At the time of this writing, the U.S. Fish and Wildlife Service (USFWS) had not commented on the proposed project. However, in other nearby projects, the USFWS stated that the endangered Hawaiian Hawk and Hawaiian Hoary Bat have been observed in the vicinity of the proposed project area. In addition, the endangered Hawaiian Petrel, the threatened Newell's shearwater and the band-rumped storm petrel may transit the project area. According to USFWS, "potential impacts to seabirds can be minimized by: 1) shielding outdoor lights associated with the project, particularly when used during each year's peak fledging period (September 15 through December 15); 2) avoiding night-time construction; and 3)providing all project staff with -8- information regarding seabird fallout. Conditions will be included to address the USFWS concerns regarding the endangered Hawaiian Hawk(Buteo solitarius), Hawaiian Hoary Bat (Lasiurus cinereus semotus), Hawaiian Petrel (Pterodroma sandwichensis), Newell's shearwater(Puffinus auricularis newelli) and the band-rumped storm petrel (Oceanodroma castro). Presently, the applicant states that 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. The DLNR-SHPD has determined that no historic properties will be affected by the proposed rezone. 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 bulldozed and cleared, it is unlikely that there are any valued cultural, historical, and natural resources to be found in the rezoning area. Possible adverse effect or impairment of valued resources: There is no evidence of any possible adverse effects or impairments will occur to any valued resources. Since the property was formerly used for sugar cane cultivation and has been disturbed in the past, it is unlikely that any archaeological or historic features exist on the property. Additionally, there is no evidence that the flora in the area are particularly desired or used for cultural practices. 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 -9- be taken. A condition of approval will be added for the protection of inadvertent finds should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered. The applicants shall cease work in the immediate area, protect the find from additional disturbance and contact the Department of Land and Natural Resources—State Historic Preservation Division(DLNR-SHPD). Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. Lastly, this approval is made with the understanding that the applicant remains responsible for complying with all other applicable County, State and Federal 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, compliance with State Health Department environmental/sanitation/health-related regulations, 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 and/or commissions. Based on the above findings, approval of the Change of Zone request from an Agricultural 20-acre (A-20a) to Agricultural 6-acre (A-6a) zoned district would result in an appropriate land use pattern that is consistent with the General Plan, and will further the public necessity and convenience and the general welfare. The accompanying draft bill to amend Section 25-8-33 (City Of Hilo Zone Map) is provided for your favorable consideration. Please note the proposed conditions of approval are attached to the draft bill. -10- .oJ�tY OF k �q.. COUNTY OF HAWAII STATE OF HAWAII �tE OF V11, BILL NO. ORDINANCE NO. i gleinn6 o ne -I-) � AN ORDINANCE 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 AGRICULTURAL—TWENTY ACRES (A-20a) TO AGRICULTURAL— SIX ACRES (A-6a) AT KAUMANA HOMESTEADS, KAUMANA AND PONAHAWAI, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-5-047:033 AND 2-5-047:034. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-3, 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 Kaumana Homesteads, Kaumana and Ponahawai, South Hilo, Hawaii, shall be Agricultural—6 acres (A-6a): LOT 20-G-1-A: Beginning at the east corner of this parcel of land, being the northeast corner of Lot 20-A and on the west side of Akolea Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 10,861.89 feet South and 13,773.26 feet West, thence running by azimuths measured clockwise from True South: 1. 89° 25' 297.12 feet along Lot 20-A; 2. 359° 25' 273.32 feet along Lot 20-A; 3. 98° 33' 1,040.31 feet along Kaumana House Lots; -1- 4. 180° 00' 170.15 feet along Lot 6-A-1-A; 5. 90° 00' 296.50 feet along Lot 6-A-1-A; 6. 180° 00' 390.64 feet along the east side of Road Easement; 7. 271° 17' 30" 1,615.88 feet along Lot 20-H; 8. 359° 25' 402.72 feet along the west side of Akolea Road to the point of beginning and containing an area of 20.000 Acres, more or less. LOT 20-H: Beginning at a 1/2" pipe set at the northeasterly corner of this parcel of land, being also the southeasterly corner of Lot 20-I and on the westerly side of Akolea Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 9,626.35 feet south and 13,777.87 feet west and thence running by azimuths measured clockwise from true south: 1. 0° 00' 782.84 feet along the westerly side of Akolea Road to a 1/2" pipe set; 2. 359° 25' 50.0 feet along the westerly side of Akolea Road to a 1/2" pipe set; 3. 91° 17' 30" 1,615.88 feet along Lot 20-G to a 1/2" pipe set; 4. 180° 00' 290.00 feet along TMK (3) 2-5-047:014, Road Easement to a 1/2" pipe set; 5. 270° 00' 140.00 feet along Lot 20-I to a 1/2" pipe set; 6. 251° 03' 1,559.48 feet along Lot 20-I to the point of beginning and containing an area of 20.000 Acres more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. -2- 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. -3- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAI`I , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -4- A A-20a -20a LOT 20-H AGRICULTURAL-TWENTY ACRES(A-20a)TO A-3a A-20a AGRICULTURAL-SIX ACRES(A-6a) 20.000 ACRES LOT 20-G-1-A A-20c 1 AGRICULTURAL-TWENTY ACRES(A-20a)TO AGRICULTURAL-SIX ACRES(A-6a) A-3a 20.000 ACRES A-20a A-3a A 20a A-3a 9,626.35'5 13, W HALM IY Q .. w . 0 El-, A-20a E A 3a R5-10 j - - 10,861.89'5 85-10Z R5-10 13,773.26'w "HALA'I" R5-10 A 20a V\ R5-10 R5-10 R5-10 25-10R5-10 R5-10 R5-10 KAUMANA DR CN-10 CN-10 R5-10 R5-10 RS 10 '� 25-10 2 _� CN 10 CN 10 C\1-10 R 10 RS 10 J R5-10 R5-10 •L R•-10 '5-10 R5-10 �' R5-10 - R5-10INimm.....--- mosi Feet 0 500 1,000 1,500 2,000 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL -TWENTY ACRES (A-20a) TO AGRICULTURAL - SIX ACRES (A-6a) AT KAUMANA HOMESTEADS, KAUMANA AND PONAHAWAI, SOUTH HILO, HAWAII MAP PREPARED BY: TM K:(3)2-5-047:033 COUNTY OF HAWAII, PLANNING DEPARTMENT and 2-5-047:034 DATE: December 28,2017 EXHIBIT "A" Jarneski Mao: 1396 CJarneskiREZ.shw—03/22/2018 KELLY & JOANNE JARNESKI CHANGE OF ZONE APPLICATION (REZ 18-000226) CONDITIONS OF APPROVAL A. The applicants, their successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant, their successors or assigns shall comply with all applicable County, State and Federal laws, codes, rules, regulations and requirements. C. The applicant, their successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawai`i Revised Statutes, relating to permissible uses within the State Land Use Agricultural District. D. The applicant, their successors or assigns shall notify prospective purchasers, buyers, tenants or lessees of all lots that farming operations and practices on adjacent or contiguous land in the State Land Use Agricultural District area protected under Hawai`i Revised Statutes Chapter 165, the Hawai`i Right to Farm Act. This notice shall be included in any disclosure required for the sale or transfer of all of the proposed lots. E. Any action that would interfere with or restrain farming operations on adjacent or contiguous properties shall be prohibited under Hawai`i Revised Statutes Chapter 165, the Hawai`i Right to Farm Act; provided the farming operations are conducted in a manner consistent with generally accepted agricultural and management practices on adjacent or contiguous lands in the Agricultural District. F. The applicants shall submit the required water commitment payment to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy"within one hundred eighty(180) days from the effective date of this ordinance. G. Prior to the issuance of a water commitment(s) by the DWS, the applicants shall submit the anticipated maximum daily water usage calculations to DWS prepared by a Hawai`i-state licensed professional engineer whose license is current, valid and in good standing with the State Department of Commerce and Consumer Affairs. H. Prior to final subdivision approval, the applicant shall construct necessary water system improvements as required by the Department of Water Supply, which may include but not be limited to, installing service laterals that will accommodate 5/8-inch sized meters to front each lot, remitting the prevailing facilities charges and submitting the appropriate documents to convey the water system improvements and necessary easements for review and acceptance to the Water Board of the County of Hawai`i prior to final subdivision approval. 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. The applicants shall install a reduced pressure type backflow prevention assembly within five (5) feet of the existing water meter and any additional water meters on private property, which must be inspected and approved by the Department of Water Supply. J. Final Subdivision Approval shall be secured within five (5) years from the effective date of this ordinance. No variance from the minimum water and road requirements shall be granted to subdivide the lots. K. A twenty-five (25) foot wide future road widening setback along the property's Akolea Street frontage shall be delineated on plat maps submitted for the subdivision of the subject property. Upon the request of the Department of Public Works, the applicant, their successors or assigns shall subdivide and dedicate the land encumbered by the future road widening to the County of Hawai`i at no cost to the County. L. Restrictive covenants in the deeds of all proposed lots shall give notice that: • The terms of the zoning ordinance prohibit the construction of a second dwelling unit (also known as a farm dwelling or additional farm dwelling) and/or condominium property regimes (CPR) on each lot. • There shall be no construction of single family dwelling and/or related improvements or other accessory structures or subdivision roads within -2- the areas designated "AE"by Flood Insurance Rate Maps (FIRM). Prior to the submittal of plans for subdivision review, this restrictive covenant shall be recorded against the parent lot(s) with applicability to all lots subsequently created from the parent lot(s). A copy of the proposed covenant(s) shall be submitted to the Planning Director for review and approval prior to recordation with the State of Hawai`i Bureau of Conveyances, with a copy of the recorded document to be filed with the Planning Department along with the subdivision application. M. All development generated runoff shall be disposed of on site and not be directed toward any adjacent properties. A Hawai`i-licensed professional civil engineering in good standing shall prepare and submit a drainage study prior to the issuance of a construction permit. Any recommended drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to the receipt of Final Subdivision Approval. N. All earthwork and grading activity shall conform to the Hawai`i County Code Chapter 10, Erosion and Sedimentation Control, and Chapter 27, Flood Control. 0. All driveway connections to Akolea Road shall conform to Hawai`i County Code Chapter 22, County Streets. P. The applicants shall install streetlights and traffic control devices as may be required by the Department of Public Works-Traffic Division. The applicants shall be responsible for the design, purchase and installation of such devices. Q. The method of sewage disposal shall meet with the requirements of the State Department of Health. R. In the unlikely event that any surface or subsurface historic properties and/or resources, 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 immediately contact the State Historic Preservation Division (DLNR-SHPD) at (808) 933-7651 for further guidance. The applicant shall also notify the Planning Department immediately after -3- contacting the DLNR-SHPD. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. S. All outdoor lighting shall be fully shielded so the bulb can only be seen from below bulb height and only use when necessary in order to avoid seabird disorientation, fallout, injury or mortality. T. The applicant shall avoid nighttime construction during the seabird-fledging period (September 15 through December 15). U. To protect any Hawaiian hoary bats in the vicinity of the property, barbed wire fencing shall not be used for fencing, and woody vegetation over 15 feet in height shall not be removed during bat breeding season of June 1st through September 15th without first conducting surveys for bat nests and coordinating with US Fish and Wildlife Service if nests are found. Surveys shall be conducted by a qualified biologist. V. To protect any Hawaiian hawk in the vicinity of the property, clearing and grubbing activities shall not occur in the permit area during hawk breeding season of March to September without first conducting surveys for hawk and coordinating with US Fish and Wildlife Service if nests are found. If nests are found, surveys shall be conducted by a qualified biologist. W. 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. X. 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 -4- or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). 5. If the applicants should require an additional extension of time, the Planning Department shall submit the applicant's request to the County Council for appropriate action. 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. -5- Michael Yee February 5,2018 Page 7 18.3.7 The AHJ shall be notified whenever any fire hydrant is placed out of service or returned to service. Owners of private property required to have hydrants shall maintain hydrant records of approval,testing, and maintenance, in accordance with the respective county water requirements.Records shall be made available for review by the AHJ upon request. C�18.3.8 Minimum water supply for buildings that do not meet the minimum County water standards: Buildings up to 2000 square feet, shall have a minimum of 3,000 gallons of water available for Firefighting. Buildings 2001- 3000 square feet, shall have a minimum of 6,000 gallons of water available for Firefighting. Buildings, 3001- 6000 square feet, shall have a minimum of 12,000 gallons of water available for Firefighting. Buildings, greater than 6000 square feet, shall meet the minimum County water and fire flow requirements. Multiple story buildings shall multiply the square feet by the amount of stories when determining the minimum water supply. Commercial buildings requiring a minimum fire flow of 2000gpm per the Department of Water standards shall double the minimum water supply reserved for firefighting. Fire Department Connections (FDC)to alternative water supplies shall comply with 18.3.8 (1)- (6) of this code. NOTE: In that water catchment systems are being used as a means of water supply for firefighting,such systems shall meet the following requirements: 1) In that a single water tank is used for both domestic and firefighting water,the water for domestic use shall not be capable of being drawn from the water reserved for firefighting; 2) Minimum pipe diameter sizes from the water supply to the Fire Department connection (FDC) shall be as follows: a) 4"for C900 PVC pipe; b) 4"for C906 PE pipe; c) 3"for ductile Iron; d) 3' for galvanized steel. Michael Yee February 5, 2018 Page 8 3) The Fire Department Connection(FDC) shall: a) be made of galvanized steel; b) have a gated valve with 2-1/2 inch,National Standard Thread male fitting and cap; c) be located between 8 ft and 16 ft from the Fire department access. The location shall be approved by the AHJ; d) not be located less than 24 inches, and no higher than 36 inches from finish grade, as measured from the center of the FDC orifice; e) be secure and capable of withstanding drafting operations. Engineered stamped plans may be required; f) not be located more than 150 feet of the most remote part, but not less than 20 feet, of the structure being protected; g) also comply with section 13.1.3 and 18.2.3.4.6.1 of this code. 4) Commercial buildings requiring a fire flow of 2000gpm shall be provided with a second FDC. Each FDC shall be independent of each other,with each FDC being capable of flowing 500gpm by engineered design standards.The second FDC shall be located in an area approved by the AHJ with the idea of multiple Fire apparatus'conducting drafting operations at once, in mind. 5) Inspection and maintenance shall be in accordance to NFPA 25. 6) The owner or lessee of the property shall be responsible for maintaining the water level, quality, and appurtenances of the system. EXCEPTIONS TO SECTION 18.3.8: 1) Agricultural buildings, storage sheds, and shade houses with no combustible or equipment storage. 2) Buildings less than 800 square feet in size that meets the minimum Fire Department Access Road requirements. 3) For one and two family dwellings, agricultural buildings, storage sheds, and detached garages 800 to 2000 square feet in size, and meets the minimum Fire Department Access Road requirements,the distance to the Fire Department Connection may be increased to 1000 feet. 4) For one and two family dwellings, agricultural buildings, and storage sheds greater than 2000square feet, but less than 3000 square feet and meets the minimum Fire Department Access Road requirements,the distance to the Fire Department Connection may be increased to 500 feet. Michael Yee February 5,2018 Page 9 5) For buildings with an approved automatic sprinkler system,the minimum water supply required may be modified. If there are any questions regarding these requirements,please contact the Fire Prevention Bureau at(808)932-2911. DARREN J.ROSARIO Fire Chief KV:ds DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII • DATE: February 15, 2018 Wem 'racdam - i7 C)? ~n r-n- c� rn- TO: Michael Yee, Planning Director - -` '' o FROM: Department of Public Works, Engineering Division z • SUBJECT: CHANGE OF ZONE APPLICATION (REZ 18-000226) Request: A-20a to a-6a Applicant: Kelly and Joanne Jarneski TMK: 2-5-047:033 and 034 We have reviewed the subject request forwarded by your memo dated January 17, 2018 and apologize for the delay and offer the following comments for your consideration: All development-generated runoff shall be disposed of on site and not directed toward any adjacent properties. A drainage study shall be prepared and the recommended drainage system shall be constructed meeting the approval of the Department of Public Works. A portion of parcel 033 is in an area designated as Flood Zone AE on the Flood Insurance Rate Map(FIRM)by the Federal Emergency Management Agency(FEMA). Flood Zone AE is the Special Flood Hazard Area inundated by the 100-year flood (1% chance of occurring in any given year) where flood elevations have been determined. The remainder of parcel 033 and the entire parcel 034 are in an area designated as Zone X on the FIRM by FEMA. Zone X is an area determined to be outside the 500-year floodplain. The change of zone (COZ) application indicated that Akolea Road is a "20-foot right of way" (Section VI. Public Facilities and Services, item a.). However, the final plat maps for Subdivision Numbers 1998-071, 2003-038, and 2005-009 indicated that Akolea Road is a 30 foot wide right-of-way. Since this is a government road, the width typically remains consistent. This discrepancy causes more confusion with regards to the future road widening. The City of Hilo Zoning Map identifies Akolea Road as a proposed 80-foot 11' wide right-of-way. The COZ application also indicated in the same section that there is a oc "20-foot "Future Road Widening Easement— along Akolea Road fronting their property which is consistent with Subdivision Numbers 2004-160 and 2016-1668. The final plat maps for Subdivision Numbers 1998-071 and 2005-009 which is across the street from parcel 034, identified a 10-foot wide future road widening setback on their side. Futher County of Hp1i a nE j gipor li yder and Employer Exhibit north, up Akolea Road, Subdivision Number 1976-146 identified a 20-foot wide future road widening setback. If the existing road right-of-way were truly 30-feet wide, then the future road widening would typically be 25-feet wide on each side of the road to achieve the 80-foot wide right-of-way. We recommend that this issue be resolved and that the applicant be required to subdivide out the road widening portion and dedicate that portion to the County at their own cost as well as provide improvements to the road widening portion to include but not be limited to, pavement widening with paved shoulders and swales, drainage improvements, and any required utility relocation, and meeting the requirements of the Americans with Disabilities Act. Install streetlights and control devices as may be required by the Traffic Division, Department of Public Works. The applicant shall be responsible for the design, purchase, and installation of such devices. Questions may be referred to Robyn Matsumoto at 961-8924. • County of Hawaii is an Equal Opportunity Provider and Employer ' ,„00c, WAT�SGA_A o ezi i• . &19. 49t • DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII Nva _ ` 345 KEKOANA 'A STREET, SUITE 20 • HILO, HAWAII 96720 Y� HA�►lP��;1.P"�a O ,1" TELEPHONE (808) 961-8050 • FAX (808) 961-8657 February 5, 2018 C_) . 'n �— r„ cz:7 TO: Mr.Michael Yee,Director --'' j Planning Department --r ru FROM: Keith K. Okamoto,Manager—Chief Engineer psa SUBJECT: Change of Zone Application (REZ18-000226) Applicant—Kelly and Joanne Jarneski Request—A-20a to A-6a Tax Map Key 2-5-047:033 & 034 We have reviewed the subject request and have the following comments and conditions. There is an existing waterline within Akolea Road fronting the subject parcels. Please be informed that there is one (1) existing service lateral (Account No. 440-23302) and one (1) existing meter(Account No. 440-23300) fronting the existing parcels. For your information,the water availability in the area of the subject parcels is limited to seven (7) units of water, or seven(7) 5/8-inch meters,per pre-existing lot of record. A pre-existing lot of record is considered a lot that existed prior to the implementation of the Subdivision Code in 1967. Each unit of water is equal to an average daily usage of 400 gallons and suitable for only one(1) single-family dwelling. Please be informed that the subject parcels were created from a prior 3-lot subdivision that took place in 2004, Subdivision Application No.2004-000160, which created the subject parcel and two (2) additional lots. Through the 2004 subdivision, one(1)unit of water was assigned to each lot. Therefore,the maximum amount of water that can be made available between both Parcels 033 and 034, are four(4)units of water or an average of 1,600 gpd [(not four(4) units for each parcel)]. Pursuant to Rule 5 of the Department's Rules and Regulations, a copy of which is being forwarded to the applicant, a water commitment may be issued. Based on the four(4) additional units requested in the proposed 6-lot development,the required water commitment deposit is$600.00. Remittance by the applicant of the $600.00 is requested as soon as possible so that a water commitment may be formally issued. The commitment will be in writing with specific conditions and effective . . . Water, Our Most cPrecious Resource. . . Ka Wai J4 Keine. . . 116633 The Department of Water Supply is an Equal Opportunity provider and employer. Planning ept. Exhibit. RJarneskiREZ.shw—03/22/2018 COUNTY OF HAWAI'I PLANNING DEPARTMENT RECOMMENDATION KELLY&JOANNE JARNESKI CHANGE OF ZONE APPLICATION(REZ 18-000226) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation for a Change of Zone from Agricultural 20-acres (A-20a)to an Agricultural 6-acres (A-6a)for approximately forty(40) acres of land be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony,the Director reserves the right to modify and/or alter this position. This favorable recommendation is based on the following findings: The applicants are requesting a change of zone for two (2) contiguous twenty-acre parcels from A-20a to A-6a for approximately forty(40) acres of land in order to create a six(6)lot subdivision. The subject properties are located on the west side of Akolea Road, about 550 feet north of the intersection of Kaumana Drive and Akolea Road,portion of Ponahawai-Kaumana Homesteads, South Hilo,Hawai`i, TMK's: (3)2-5-047:033 and 034. Four of the proposed lots will be a minimum of six(6)acres and two(2) lots will be about eight(8) acres each. According to the Zoning Code,the purpose of the Agricultural district is to provide for agricultural and very low density agriculturally-based residential use, encompassing rural areas of good to marginal agricultural and grazing land, forest land, game habitats, and areas where urbanization is not found to be appropriate. The applicants are requesting the change of zone in order to create a six (6) lot subdivision. Upon final subdivision approval, the applicants plan to sell five(5)of the resulting lots. The applicants will continue living in the existing permitted dwelling located on TMK: (3)2-5-047:034. The remainder of Parcel 34 is pasture land for grazing cattle. Parcel 33 is vacant of structures, and is currently pasture land for cattle grazing. 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 -1- 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 be also considered as they may have an impact on similar areas in the County. The proposed Change of Zone from an Agricultural 20-acres (A-20a)to an Agricultural 6-acre(A-6a)zoned district will conform to, among others,the following goals,policies and standards of the Land Use and Economic General Plan Elements and the General Plan 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 proposed request conforms to the LUPAG Map,which for Parcel 33,the General Plan indicates mostly Important Agricultural Lands with a portion of Low Density Urban and an even smaller portion of Medium Density Urban. For parcel 34, the General Plan indicates mostly Important Agricultural Lands and a sliver of Extensive Agriculture. Important agricultural lands are those lands with better potential for sustained high agricultural yields because of soil type, climate,topography, or other factors. Extensive Agriculture are lands that are not classified as Important Agricultural Land and includes lands that are not capable of producing sustained,high agricultural yields without the intensive application of modern farming methods and technologies due to certain physical constraints such as soil composition, slope,machine tillability and climate. Other less intensive agricultural uses such as grazing and pasture may be included in the Extensive Agriculture category. Low Density Urban are residential, with ancillary community and public uses, and neighborhood and convenience-type commercial uses with overall density up to six(6)units per acre. Medium Density Urban are village and neighborhood commercial and single family and multiple family residential and related functions up to 35 units per acre. -2- On the Agricultural Lands of Importance to the State of Hawaii(ALISH)map, the majority of both properties are identified as"Prime Agricultural Land"with a sliver on each parcel as"Unclassified". Most of Parcel 33 is classified as"C"or"Fair"for agricultural soil productivity with the length of the property line parallel to Kaumana Drive as"unclassified." The entirety of Parcel 34 is classified as"C"or"Fair"for agricultural soil productivity. The U.S.Department of Agriculture(U.S.D.A.) indicates that the soil survey for the subject properties are lava flows,pahoehoe(rLW),which has been mapped as a miscellaneous land type. This lava has a billowy, glassy surface that is relatively smooth,though can be rough and broken in some areas. In areas of higher rainfall,this lava contributes to the ground-water supply. Kaiwiki silty clay loam, 0 to 10 percent slope(KaC), is low on the windward side of Mauna Kea. Permeability is rapid,runoff is slow and erosion hazard is slight. Roots can penetrate to a depth of five(5) feet or more. The two(2) subject properties are approximately twenty(20) acres in size with a combined land size of forty(40) acres. Both parcels sit around the 1,100-foot elevation gradually sloping down towards the east. Parcel 33 is shaped like a capital letter `T' with the bottom shortened about two-thirds down, and is currently used for pasture land. Parcel 34 is a five-sided polygon, and is improved with a single-family dwelling built in 2007 and is located in the northeastern corner about 300 feet in from Akolea Road. The remainder of Parcel 34 is overgrown with Wainaku grass. Surrounding properties are zoned agricultural(A-20a and A-3a)to the north and east across Akolea Road. To the south and west are properties zoned A-20a. Uses in the immediate area include scattered single-family dwellings, farm dwellings and agricultural activities. Both properties are in the State Land Use Agricultural district. The Hilo Community Development Plan(CDP), adopted as Planning Commission Resolution No. 1 on May 21, 1975,identifies the property for agricultural use. The proposed change of zone would complement the existing land uses in this area and will provide for orderly development of the area. A major concern in allowing a rezoning of agricultural land which creates smaller lot sizes is that this will reduce the potential use of the land for commercial agriculture by -3- fragmenting the land into areas too small to be farmed on a commercial scale. While a few crops can be intensively cultivated on very small acreage,usually these crops have a very limited market. Reducing the size of the lots could reduce the range of potential agricultural uses and the range of market opportunities for those crops. In this particular situation,the applicants constructed a dwelling for themselves on one lot while reserving the proposed remaining lots for sale. The newly created lots will still have the potential to be used for farming or agricultural purposes. As an alternative to applying for a change of zone with the current zoning, land size and meeting other infrastructure requirements from reviewing agencies,the owner could build a second dwelling related to active farming on a commercial scale(called a farm dwelling)on the lot. However,the applicant could not further subdivide the subject property to convey that land area. Should this request be approved,the applicants could potentially apply for an Additional Farm Dwelling, allowing for the construction of a second dwelling unit(meeting the criteria for a farm dwelling)on each lot. The potential to allow additional dwellings may contribute to the cumulative burden on the existing infrastructure. As such, a condition is included to prohibit a second dwelling unit(also known as a farm dwelling) and/or a Condominium Property Regime(CPR)on each lot. The condition will require that restrictive covenants be included in the deeds of all the proposed lots for the subdivision prohibiting second dwelling units to preserve the residential/agricultural ambience of the area. The proposed Change of Zone will conform to, among others,the goals,policies and standards of the Land Use and Economic General Plan Elements: 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, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. -4- Economic • Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. • Economic development and improvement shall be in balance with the physical, social and cultural environments of the island of Hawai`i. • Provide an economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County's cultural,natural and social environment. The proposed change of zone is consistent with the General Plan designation for the area. Section 13.2.5.2.2(j) Courses of Action of the General Plan states, improve Akolea Road between Pi`ihonua and Kaumana Drive and construct its extension to the upper reaches of Ainaola Drive to provide a cross-city connection between upper Wailuku and Waiakea-Uka. To achieve this policy,the Planning Director recommends future road widenings consistent with the City of Hilo Zone Map, adopted by Ordinance No. 187 in 1968. All essential utilities and services are available to the property. Access to each of the subject properties is from Akolea Road,which is a County owned and maintained roadway with a minimum twelve(12) feet of pavement up to twenty(20)feet of pavement width along the frontage of the subject properties within the existing thirty(30) foot wide right-of-way. For each Parcel 33 and 34,the applicant proposes two side-by-side flag lots and one lot directly fronting Akolea Road in their conceptual subdivision map. Opposite of Akolea Road,the subject properties also front a private road extension of Wilder Road,known as TMK: (3)2-5-047:014. The City of Hilo Zone Map(Ordinance No. 187)identifies Akolea Road as a secondary arterial with a proposed 80-foot right-of-way. There is an existing ten(10) foot wide easement for the Hawaii Electric Light Company(HELCO) for an overhead transmission line fronting Akolea Road. As Akolea Road has an existing thirty(30) foot wide right-of-way, a future road widening of twenty-five(25) feet wide on each side of the road would help to achieve the City of Hilo Zone Map 80-foot wide right-of-way for Akolea Road. As mentioned above,the Planning Director recommends a condition requiring the applicant identify and -5- dedicate a twenty-five(25) future road widening easement along the Akolea Street frontage in conformance with the City of Hilo Map. There is an existing waterline within Akolea Road fronting the subject parcels. There is one(1) existing service lateral and one(1) existing meter fronting the existing parcels providing a maximum of one(1)unit of water to each parcel. There is a maximum of four(4) additional units of water(or an average of 1,600 gallons per day) that can be made available between the subject parcels. Each unit of water is equal to an average daily usage of 400 gallons and suitable for only one(1) single-family dwelling. A water commitment is required for the requested four(4) additional units of water. The applicant shall construct the necessary water system improvements and remit the prevailing facilities charge upon completion of the installation of the required water system improvements and the effecting the properly prepared and conveyed documents, prior to final subdivision approval. The preceding are recommended as conditions of approval for this change of zone ordinance. County sewer service is not available in the area. The applicant indicates that the Hilo landfill will be closing,which is the nearest solid waste disposal location. According to the 2018 South Hilo Landfill Final Closure Final Environmental Assessment,the County of Hawai`i Department of Environmental Management will continue to implement its current waste diversion program, as well as explore other options to effectively divert waste from the island waste stream, which will help to reduce the impacts and costs associated with trucking waste from East Hawaii to the West Hawaii Sanitary Landfill. All essential utilities are available to the subject properties. Fire and medical services are available from the Kawailani Fire Station. Police services are available from the Hilo Police Station. Concurrency requires a traffic study whenever a proposed development will generate over 50 peak hour trips. Based on the subject request, a Traffic Impact Analysis Report(TIAR)is not required. The nearest Civil Defense siren is located less than 3,750 feet away at the Kaumana Caves. The proposed project does not trigger the requirement of an additional Civil Defense siren at this time. There are no severe geological or topographical problems for either of the -6- subject parcels that cannot be properly rectified or which would render the land unusable. According to a February 15, 2018 memo from the Department of Public Works Engineering Division, a portion of Parcel 33 is in an area designated as Flood Zone AE on the Flood Insurance Rate Map (FIRM)by the Federal Emergency Management Agency(FEMA). Flood Zone AE is the Special Flood Hazard Area inundated by the 100-year flood(1%chance of occurring in any given year)where flood elevations have been determined. The remainder of Parcel 33 and the entire Parcel 34 are in an area designated as Zone X on the FIRM by FEMA. Zone X is an area determined to be outside the 500-year floodplain. All development-generated runoff shall be disposed of onsite and not directed toward any adjacent properties. A drainage study shall be prepared and the recommended drainage system shall be constructed meeting the approval of the Department of Public Works. There are no known streams that traverse the subject properties. The nearest stream is the non-perennial Kaluiiki tributary from the Wailoa River,which is about 329 feet to the north and flows down towards the east (away from the subject properties). Any project and its potential impacts to State waters must meet State and Federal rules and regulations. According to the State Department of Health, lands formerly used for sugarcane production are now being developed into communities where residential homes, schools and commercial businesses are being constructed. Chemicals associated with the sugarcane industry persist in soil today and may be a threat to public health and the environment. Elevated arsenic levels were discovered in soil at former sugarcane production areas on the islands. The State Department of Health Hazard Evaluation and Emergency Response(HEER) Office has identified former sugarcane production areas for assessment throughout the state and plans to work with property owners to conduct environmental assessments to identify and address elevated soil arsenic levels prior to • finalizing development plans for the properties. Air quality in the subject area is mostly affected by emissions from natural and vehicular sources,as well as the volcanic haze from the Kilauea Volcano. According to the State Department of Health,the applicant would need to meet the requirements of the Department of Health Air Pollution Rules, Chapter 60.1,Title 11, State of Hawaii for -7- fugitive dust control. Existing noise levels are from traffic and incidental human activity, livestock,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. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The entire State of Hawaii lies within the Coastal Zone Management(CZM) area. The intent of the Coastal Zone Management Program is to guide and regulate public and private uses in the CZM area with respect to recreational resources,historic resources,public access to shoreline,scenic and open space resources, coastal ecosystems, marine resources, economic uses, coastal hazards, managing development,public participation and beach protection. Both subject properties, at about the.1,100-foot elevation, are not situated within the County's Special Management Area(SMA) and are located over four(4)miles from the nearest coastline. The proposed change of zone and the subsequent subdivision are not anticipated to •change the visual attributes of the existing views of the ocean from North Wilder Road or from Akolea Road. The views of Mauna Kea and Mauna Loa from Kaumana Drive will not be affected. The property is not listed as a distinctive and identifiable landmark as identified in the Hawaii County General Plan. Thus, the proposed request and use of the property will not adversely impact those resources. Due to previous grading, grubbing and cattle grazing activity, the applicants indicated that it is unlikely that any threatened or endangered floral or faunal species are present on the property. At the time of this writing, the U.S. Fish and Wildlife Service (USFWS)had not commented on the proposed project. However, in other nearby projects,the USFWS stated that the endangered Hawaiian Hawk and Hawaiian Hoary Bat have been observed in the vicinity of the proposed project area. In addition,the endangered Hawaiian Petrel, the threatened Newell's shearwater and the band-rumped storm petrel may transit the project area. According to USFWS, "potential impacts to seabirds can be minimized by: 1) shielding outdoor lights associated with the project, particularly when used during each year's peak fledging period(September 15 through December 15); 2) avoiding night-time construction; and 3)providing all project staff with -8- information regarding seabird fallout. Conditions will be included to address the USFWS concerns regarding the endangered Hawaiian Hawk(Buten solitarius),Hawaiian Hoary Bat(Lasiurus cinereus semotus), Hawaiian Petrel(Pterodroma sandwichensis),Newell's shearwater(Puffinus auricularis newelli) and the band-rumped storm petrel (Oceanodroma castro). Presently,the applicant states that 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. The DLNR-SHPD has determined that no historic properties will be affected by the proposed rezone.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 bulldozed and cleared, it is unlikely that there are any valued cultural,historical,and natural resources to be found in the rezoning area. Possible adverse effect or impairment of valued resources: There is no evidence of any possible adverse effects or impairments will occur to any valued resources. Since the property was formerly used for sugar cane cultivation and has been disturbed in the past, it is unlikely that any archaeological or historic features exist on the property. Additionally,there is no evidence that the flora in the area are particularly desired or used for cultural practices. 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 -9- be taken. A condition of approval will be added for the protection of inadvertent finds should any remains of historic sites, such as rock walls, terraces,platforms,marine shell concentrations or human burials be encountered. The applicants shall cease work in the immediate area,protect the find from additional disturbance and contact the Department of Land and Natural Resources—State Historic Preservation Division(DLNR-SHPD). Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. Lastly,this approval is made with the understanding that the applicant remains responsible for complying with all other applicable County, State and Federal 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, compliance with State Health Department environmental/sanitation/health-related regulations,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 and/or commissions. Based on the above findings, approval of the Change of Zone request from an Agricultural 20-acre(A-20a)to Agricultural 6-acre(A-6a)zoned district would result in an appropriate land use pattern that is consistent with the General Plan, and will further the public necessity and convenience and the general welfare. The accompanying draft bill to amend Section 25-8-33 (City Of Hilo Zone Map)is provided for your favorable consideration. Please note the proposed conditions of approval are attached to the draft bill. -10- oJMtY�OF......... ,1.'. COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO. pilin irt1 o -r- -) 1 AN ORDINANCE 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 AGRICULTURAL—TWENTY ACRES (A-20a) TO AGRICULTURAL—SIX ACRES (A-6a) AT KAUMANA HOMESTEADS, KAUMANA AND PONAHAWAI, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-5-047:033 AND 2-5-047:034. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-3, 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 Kaumana Homesteads, Kaumana and Ponahawai, South Hilo, Hawai`i, shall be Agricultural— 6 acres (A-6a): LOT 20-G-1-A: Beginning at the east corner of this parcel of land,being the northeast corner of Lot 20-A and on the west side of Akolea Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station"HALAI"being 10,861.89 feet South and 13,773.26 feet West, thence running by azimuths measured clockwise from True South: 1. 89° 25' 297.12 feet along Lot 20-A; 2. 359° 25' 273.32 feet along Lot 20-A; 3. 98° 33' 1,040.31 feet along Kaumana House Lots; -1- 4. 180° 00' 170.15 feet along Lot 6-A-1-A; 5. 900 00' 296.50 feet along Lot 6-A-1-A; 6. 180° 00' 390.64 feet along the east side of Road Easement; 7. 271° 17' 30" 1,615.88 feet along Lot 20-H; 8. 359° 25' 402.72 feet along the west side of Akolea Road to the point of beginning and containing an area of 20.000 Acres, more or less. LOT 20-H: Beginning at a 1/2" pipe set at the northeasterly corner of this parcel of land,being also the southeasterly corner of Lot 20-I and on the westerly side of Akolea Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI"being 9,626.35 feet south and 13,777.87 feet west and thence running by azimuths measured clockwise from true south: 1. 0° 00' 782.84 feet along the westerly side of Akolea Road to a 1/2" pipe set; 2. 359° 25' 50.0 feet along the westerly side of Akolea Road to a 1/2" pipe set; 3. 91° 17' 30" 1,615.88 feet along Lot 20-G to a 1/2" pipe set; 4. 180° 00' 290.00 feet along TMK(3) 2-5-047:014, Road Easement to a 1/2" pipe set; 5. 270° 00' 140.00 feet along Lot 20-I to a 1/2" pipe set; 6. 251° 03' 1,559.48 feet along Lot 20-I to the point of beginning and containing an area of 20.000 Acres more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. -2- 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. -3- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAI`I , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -4- 7 A-20a A-20a LOT 20-H AGRICULTURAL-TWENTY ACRES(A-20a)TO A-3a A-20a AGRICULTURAL-SIX ACRES(A-6a) 20,000 ACRES — LOT 20-G-1-A A-20a • AGRICULTURAL-TWENTY ACRES(A-20a)TO AGRICULTURAL-SIX ACRES(A-6a) A-3a 20.000 ACRES A-20a • 1 A 3a • A-20a A-3a 9.G25.35'5 :3,m..87 W • - - • o 'HALM"• Q w J d Q S LL, A-20a A-3a R5-10 D J ro,L'61.89'5 R5-10le-10 1.3.77326'w -fAL.Al. R5-10 I A-20a R5-10 i R5-10 R5-10 N 25-10 R5-10 RS-10 ,--- R5-10 __KAUMANA DR R5 1 CN 10 CN-10 R5-10 RS 10 25.10 1 _ /// � CN-10 CN-10 CV-10 Ro-10 RS-10 J RS-10 R5-10 _ R••-10 •5-10 RS-10 L' R5-10 R5-10 -Ismomm.r... ..--____ . �.. Feet 0 500 1,000 1,500 2,000 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL -TWENTY ACRES (A-20a)TO AGRICULTURAL - SIX ACRES (A-6a) AT KAUMANA HOMESTEADS, KAUMANA AND PONAHAWAI, SOUTH HILO, HAWAI'I MAP PREPARED BY: TMK:(3)2-5-047:033 COUNTY OF HAWAII, PLANNING DEPARTMENT and 2-5-047:034 DATE:December 28,2017 EXHIBIT"A" Jarneski Mao: 1396 CJameskiREZ.shw—03/22/2018 KELLY& JOANNE JARNESKI CHANGE OF ZONE APPLICATION(REZ 18-000226) CONDITIONS OF APPROVAL A. The applicants,their successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant,their successors or assigns shall comply with all applicable County, State and Federal laws, codes, rules,regulations and requirements. C. The applicant,their successors or assigns shall be responsible for complying with all requirements of Chapter 205,Hawai`i Revised Statutes,relating to permissible uses within the State Land Use Agricultural District. D. The applicant,their successors or assigns shall notify prospective purchasers, buyers,tenants or lessees of all lots that farming operations and practices on adjacent or contiguous land in the State Land Use Agricultural District area protected under Hawai`i Revised Statutes Chapter 165,the Hawaii Right to Farm Act. This notice shall be included in any disclosure required for the sale or transfer of all of the proposed lots. E. Any action that would interfere with or restrain farming operations on adjacent or contiguous properties shall be prohibited under Hawaii Revised Statutes Chapter 165, the Hawaii Right to Farm Act;provided the farming operations are conducted in a manner consistent with generally accepted agricultural and management practices on adjacent or contiguous lands in the Agricultural District. applicantsshall submit the required water commitment payment to the F. The q p ym Department of Water Supply in accordance with its"Water Commitment Guidelines Policy"within one hundred eighty(180)days from the effective date of this ordinance. G. Prior to the issuance of a water commitment(s)by the DWS,the applicants shall submit the anticipated maximum daily water usage calculations to DWS prepared by a Hawai`i-state licensed professional engineer whose license is current, valid and in good standing with the State Department of Commerce and Consumer Affairs. H. Prior to final subdivision approval,the applicant shall construct necessary water system improvements as required by the Department of Water Supply, which may include but not be limited to, installing service laterals that will accommodate 5/8-inch sized meters to front each lot,remitting the prevailing facilities charges and submitting the appropriate documents to convey the water system improvements and necessary easements for review and acceptance to the Water Board of the County of Hawaii prior to final subdivision approval. 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. •I. The applicants shall install a reduced pressure type backflow prevention assembly within five(5) feet of the existing water meter and any additional water meters on private property,which must be inspected and approved by the Department of Water Supply. J. Final Subdivision Approval shall be secured within five(5) years from the effective date of this ordinance. No variance from the minimum water and road requirements shall be granted to subdivide the lots. K. A twenty-five(25) foot wide future road widening setback along the property's Akolea Street frontage shall be delineated on plat maps submitted for the subdivision of the subject property. Upon the request of the Department of Public Works,the applicant,their successors or assigns shall subdivide and dedicate the land encumbered by the future road widening to the County of Hawai`i at no cost to the County. L. Restrictive covenants in the deeds of all proposed lots shall give notice that: • The terms of the zoning ordinance prohibit the construction of a second dwelling unit(also known as a farm dwelling or additional farm dwelling) and/or condominium property regimes(CPR)on each lot. • There shall be no construction of single family dwelling and/or related improvements or other accessory structures or subdivision roads within -2- the areas designated"AE"by Flood Insurance Rate Maps(FIRM). Prior to the submittal of plans for subdivision review,this restrictive covenant shall be recorded against the parent lot(s)with applicability to all lots subsequently created from the parent lot(s). A copy of the proposed covenant(s) shall be submitted to the Planning Director for review and approval prior to recordation with the State of Hawaii Bureau of Conveyances, with a copy of the recorded document to be filed with the Planning Department along with the subdivision application. M. All development generated runoff shall be disposed of on site and not be directed toward any adjacent properties. A Hawai`i-licensed professional civil engineering in good standing shall prepare and submit a drainage study prior to the issuance of a construction permit. Any recommended drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to the receipt of Final Subdivision Approval. N. All earthwork and grading activity shall conform to the Hawai`i County Code Chapter 10,Erosion and Sedimentation Control, and Chapter 27, Flood Control. 0. All driveway connections to Akolea Road shall conform to Hawai`i County Code Chapter 22, County Streets. P. The applicants shall install streetlights and traffic control devices as may be required by the Department of Public Works-Traffic Division. The applicants shall be responsible for the design,purchase and installation of such devices. Q. The method of sewage disposal shall meet with the requirements of the State Department of Health. R. In the unlikely event that any surface or subsurface historic properties and/or resources, such as lava tube openings, concentrations of artifacts, structural remains or human skeletal remains are found during constructionactivities,the applicant shall cease work in the immediate vicinity of the fmd,protect the find from additional disturbance and immediately contact the State Historic Preservation Division(DLNR-SHPD) at(808) 933-7651 for further guidance. The applicant shall also notify the Planning Department immediately after -3- • contacting the DLNR-SHPD. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. S. All outdoor lighting shall be fully shielded so the bulb can only be seen from below bulb height and only use when necessary in order to avoid seabird disorientation, fallout, injury or mortality. T. The applicant shall avoid nighttime construction during the seabird-fledging period(September 15 through December 15). U. To protect any Hawaiian hoary bats in the vicinity of the property,barbed wire fencing shall not be used for fencing, and woody vegetation over 15 feet in height shall not be removed during bat breeding season of June 1St through September 15th without first conducting surveys for bat nests and coordinating with US Fish and Wildlife Service if nests are found. Surveys shall be conducted by a qualified biologist. V. To protect any Hawaiian hawk in the vicinity of the property, clearing and grubbing activities shall not occur in the permit area during hawk breeding season of March to September without first conducting surveys for hawk and coordinating with US Fish and Wildlife Service if nests are found. If nests are found, surveys shall be conducted by a qualified biologist. W. 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. X. 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 -4- or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance(i.e., a condition to be performed within one year may be extended for up to one additional year). 5. If the applicants should require an additional extension of time, the Planning Department shall submit the applicant's request to the County Council for appropriate action. 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. • -5- rewer cow fzici ;44*co*co* *)p* ileNto itNt* Nik "o‘tio% SWIA*elispoilzoiechstisso KELLY & JOANNE JARNESKI APPLICATION (REZ 18000]26� • ,',,i.,,,,,,,-':, miiiii..... ,i. Ami l `.�_ ..1 s v,., 111 1 I Nun . I iii 00#3, ___--_____ _._ ^,.T.. - _,...: r ' p \ it i .'-'-=. 6„,.A. 1 m 1 1 r • ._,,, i ' ---- -'"/' , _ , i ,,,_ .,__ ...--- 1 _ . #N‘v!.., .., ..., 401,--0, . 4v — --- hinslu ouH .;;n ,-....,..„,„,,,,,,,,,,,,,„,„.. .....,,,,,„,„,..„,,,,,,,,,,„„.. **... , : - ' ,,, .._...,..,1_,,...:....,.._ ,,, , , „.. .._ , ,,_; . ,. , , , ,, „... , ,I 0,, 1\- e -,..-:4-,iv ,, ',...4---- -- . . 1 .1 .{.tip es � � � 1 �,�. �� ::: .1/,--,-:.0- . \• ''';''.. -,Is,'''''''''''',1-1-. ,1-1-:- 17,----,' -------------1'--- • ',..•..y ter.,'S.4/ `r ,,�1� ., y - z hf: 1 :,-, ,,,4:„..> i. t dVW NOI1V) 01 THE APPLICANTS ARE REQUESTING : • A CHANGE OF ZONE FROM AN AGRICULTURAL-20 ACRES (A-20A) TO AN AGRICULTURAL-6 ACRES (A-6A) ZONING DISTRICT TO CREATE A SIX-LOT SUBDIVISION. ■ FOUR (4) OF THE LOTS WILL BE A MINIMUM OF SIX (6) ACRES AND TWO (2) LOTS WILL BE ABOUT EIGHT (8) ACRES EACH, TOTALING THE FORTY (40) ACRES OF LAND . ■ UPON AN APPROVED SUBDIVISION, THE APPLICANTS WILL CONTINUE TO LIVE IN THEIR CURRENT RESIDENCE AND RETAIN OWNERSHIP OF THAT LOT WHILE PLANNING TO SELL THE REMAINING PROPOSED FIVE (5) LOTS. APPLICANT'S PROPOSED SUBDIVISION MAPS FOR PARCELS 33 (LEFT) AND 34 (RIGHT) WILDER ROAD mik(91 6.047;014 _ . ____ pm(3)2.5 937:917 + V 170.15' .........m. PROPOSED LOT C l5 ACRES w-) \ . 1 PROPOS1=fl LOT C I 111ACRES+'.. - m K)gUP'i#CR )A.G (T A T��` d'lit: O D LOT R „TM(T31? a '031 &e gr (6 ACRES+r! c}. T1,�!K L31 T1�NC(912-5347:904 ;' TMK 13123947;013 s EXISTMM,:3 BEDROOM t DWELLING • PROPOSED LOT A j{;ACRES+.,•y Pf?c3T Y,':fc 1 273.32 16 ACRE +? 20'LITTIVE WAY-- -- ---20'DRIVEWAY y PROPOSED TMK1312.5047:012 �^ CR!L'ENA'� LOTA Or P2. 19 ACRES+) trrurrEAssizia I 7(12 84't f 20 UTILITY EASEMENT— C7 AKO{EA ROAD C L �. .. ...._ 0'ROAD WIDENING EASEMENT . I, AKCLEA RDAD ROAD WIDENING EASEMENT ZONING MAP t . . North . J -.„ I1 t A-3a t t Q 0 c . w J xZ Q r & RS-10 ,�JrJ, - W ,1 ,; iiiii \ 1 _... 1 ir- _,;',,e.'':,..V ic y K#UMANA DRIVE 1 L-j-"I___\1______,_____:____ _ _ _ _ _ __ __ ,— _ _ _ 1 _ _ _ —i_ _ _ _ --———— 111 , 1i ,' ! . � � T • „\-,--, rc _\ v GENERAL PLAN LUPAG MAP North: 1 r a Extensive Agriculture .. f 1 I I Important -_' Agricultural Lands 11 Parcel I i I 1. Parcel 33 o Important Agricultural Lands 1( - - - ___ CZ Io Q I0 . Low Density Urban o • 'pdii,m T Q - - :{ 'en,:l y r n } I\ _ UMANA DRIVE , ._r -' fi, 1---I �, y: ----y A. _ I ► __1-- _ J _ -- 1 ► L I II `n---� I- t r yc 1\-------4, t I I - -I - — \ 11', _i - I ---_ - ( \ N.WILDER ROAD — :;., —4 —I W -I �� rn -_ r Lon n i --- t Z i ti �,, p� E c �� Lel iz 0 m _ lin m 0 --111,,'� I1 = I Jfl1) - n rrPCP ___/ ( � 1 tV AKOLEA ROAD .. ___---J r.„...._ — it i ! ak `. 4 P F - t•" a { 'pr 6 '.1f)'*"' "- ., `gyp : .. ow - ak . a -. — \ ,,, „,,,, , , h .,,:;:,: :`.:,, .e_ _",'. L?: 4 -1.., .. . », " [ 4� T :,:_i_,::,,,,...:: ,, re w« � ..,y . a " M t F.,,, , , : ,007? 4,,,,, }1"., ,* a R '"+- � Ae , f, - ''';'i ' ) *- ' tr + ' *+� :.. SITE PHOTOGRAPH NO. 1 Atfag 1i 11100010tneljt:Ziirg v x # i to e 'r riy 1 m.+. `k'� �.¢ �i tet-?rp: 1VVV This photo was taken standing on Akolea Road at about the middle property boundary of the subject • tea . parcels, facing „rn� .:: i✓.r:�,... at e-Kt�� ,. .b-- --�: ., r�.".. '"Y.�.,., 9 z...a .-� '3�c* • SITE PHOTOGRAPH NO. 2 This is the view from Akolea Road, looking �. ,I,} 47.§ towards Parcel 34 in the northwest direction. w _ r ,t_ V t 4, . ,,s= k w , .a ' 4f ' _»otw,,,, , z 111 t ry This is the view from Akolea Road, looking towards Parcel 33 in the southwest direction. ,,, � `. SITE PHOTOGRAPH NO. 3 .44 r 1 • / /////' \' , ' / ,' • , 'tt4•etl'Ir..4 . t E . 7 / .._ .. .„..: -:001,— .., ''''',' , �4 -I , Cf I / .`.v a ,tet fI 1 i, �,, - I '_ - i .. a Y ti� * �,: , l` � !!4 .- ''''' •%. , '''.4.:‘,-::::;',Z!,',:.:;',' ''" l'-- . ' i \ I / ..\16/44\k„ y This photo was taken standing on Akolea Road, facing south. This photo was taken standing on Akolea Road, facing north where The one-lane road is approximately twelve (12) feet wide. the one lane road becomes a two-lane road at about the middle of Parcel 34. PLANNING DIRECTOR' S RECOMMENDATION : FAVORABLE RECOMMENDATION FOR THE CHANGE OF ZONE REQUEST TO THE COUNTY COUNCIL WINDWARD PLANNING COMMISSION COUNTY OF HAWAI`I HEARING TRANSCRIPT APRIL 5, 2018 A regularly advertised hearing on the application of KELLY AND JOANNE JARNESKI (REZ 18-226) was called to order at 9:18 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: Gilbert Aguinaldo, Joe Clarkson, Donn Dela Cruz, Donald Ikeda, Thomas Raffipiy, and John Replogle. ALSO PRESENT: Michael Yee (Planning Director), Malia Ho Hall (Deputy Corporation Counsel for the Windward Planning Commission), Ronald Kim (Deputy Corporation Counsel for the Planning Director), Jeff Darrow (Planning Program Manager), Maija Jackson (Planner), Christian Kay(Planner), Shancy Watanabe (Planner), Melissa Dacayanan(Planning Commission Support Technician), and Sarah Hata-Finley(Commission Secretary). _ And 51 members from the public in attendance. APPLICANT: KELLY and JOANNE,JARNESKI (REZ 18-000226) Application for a Change of Zone from an Agricultural-20 acres (A 20a) to an Agricultural-6 acres (A 6a)°zoning district for:approximately 40 acres of land. The subject properties are located on-the west side of Akolea Roadabout 550 feet north of the intersection of Kaumana Drive and Akolea Road, portion of Ponahawai-Kaumana Homesteads, South Hilo, Hawaii, TMK: (3) 2-5-047:033 and 034. CLARKSON The next item on the agenda is an application for rezone. Will the staff person please come forward and make their presentation? WATANABE . Aloha mai kakou. The Applicants are Kelly and Joanne Jarneski, and they're requesting a Change of Zone application This is the location map. The subject properties are outlined in red and located about 550 feet from the intersection of Kaumana Drive and Akolea Road in the South Hilo District. The nearest stream is the non-perennialKaluiiki tributary from the Wailoa River which is about 300 feet from the subject property. The Applicants are requesting a Change of Zone from Agricultural—20 acres to an Agricultural —6 acres zoning district to create a 6-lot subdivision. Four of the lots will be a minimum of six acres, and two lots will be about eight acres each, totaling the 40 acres of land. Upon subdivision approval, the Applicants will continue to live in their current residence and retain ownership of that lot while planning to sell the remaining proposed five lots. 1 This is the Applicants proposed subdivision maps for Parcels 33 on the left and 34 on the right. The Applicants will retain their existing residence and retain ownership of that lot shown here, and as mentioned before, the Applicants intend to sell the remaining resulting lots. This is the zoning map. The subject properties are zoned Agricultural-20a. The surrounding properties are Residential shown in the light yellow, Commercial shown in the light pink, and Other Agricultural zoning in the light blue and green. This is the General Plan Land Use Plan Pattern Allocation Guide Map. Parcel 34 is mostly Y Important Agricultural Lands with a sliver of Extensive Agriculture. Parcel 33 is mostly Important Agricultural Lands with a portion of Low Density Urban and an even smaller portion of Medium Density Urban. This is the State Land Use Boundary Map. The subject-properties are situated within the State Land Use Agricultural District, and that's shown in the light green. The State Land Use Urban is shown in the light pink. This is an aerial photograph of the subject properties:_ You can s;ee the existing dwelling in the upper right hand corner. This photo was taken standing on Akolea Road__at about the middle property boundary of the subject parcels facing west. The picture on the left is:A.view from Akolea=Road looking,towards Parcel 33 in the southwest direction. The picture on the right is a view from Akolea Road looking towards Parcel 34 in the northwest direction This photo was taken standing on-Akolea Road facing south. This is a one-lane road that is approximately 12 feet wide, and this photo on;the right was taken standing on Akolea Road facing north where the orie-lane road becomes a two-lane road at about the middle of Parcel 34. The Planning-Director respectfully submits for a favorable recommendation for a Change of Zone request to the County Council. This concludes my presentation. I am happy to answer any questions the Planning Commission may have. CLARKSON: Any questions about the presentation from the Commission'? If not, thank you, Shancy. At this time, I'd like to call the Applicant or their representative forward. Please, you'll have to share the microphone: Please raise your right hands. Do you swear or affirm to tell the truth on this matter before the Commission today? MIKKELSON/JARNESKI: I do. CLARKSON: Thank you. Whoever wishes to go first, please state your name and where you're from. 2 JARNESKI: Okay, my name is Kelly Jameski. I live up Akolea Road. Me and my wife decided that we want to cut up the land and sell the land. At one point, we was keeping the [inaudible] you know, 18 years ago for our family, but only get one daughter, and she's in Las Vegas going college, and has no intentions of coming home. So, at this point, we want to cut it up, sell some, mostly to friends and family. We like living like that. We want to keep it like that. We want everybody—it's more for like, I have friends that get like little kids, and they want to live that way. They want to live close to Hilo and have a farm life in the city, you know, basically, and raise their kids with animals and, you know, fruits and vegetables. I basically live off the land, and they want to practically do the same thing. So, it's, so that's why we decided to do this. MIKKELSON: Good morning. My name is Lori Mikkelson. I've been working with Kelly to get this done, and if you have any questions, I'm willing to answer them if you need. CLARKSON: Well, have you read the Planning Department's Recommendations and conditions for this rezone? JARNESKI: Yes. CLARKSON: And you're satisfied with those? JARNESKI: Yes. CLARKSON: Any questions for the Applicants from the rest of the Commission? If not, thank you. Please be seated, and we'll proceed with the public testimony. At this time, we have one person signed up to testify, Lloyd Mon [sic]. MORI (from audience): Mori. CLARKSON: Mori. Please raise your right hand. Do you swear or affirm to tell the truth on this matter before the Commission? MORI: Yes, sir. CLARKSON: Please proceed. MORI: My name is Lloyd Mori. I live at 140 Akolea Place directly across the street from this proposed change. I have two issues. One is the six lots. They're going to be residential, so it's no farming. It's been farmed in the past, and it's been used that way for as long as I've been there. So, this division is going to become residential. There's going to be six houses there. There's going to probably two to three cars there. That's a one-lane road. Where she showed the two-lane road is just a short section as a safety measure `cause there's a hill there. It turns into a one-way road on the other side. The road is stressed already- 3 HALL: —Please speak into the microphone, sir. MORI: The road is stressed already with traffic. We have tourists coming through there because they're directed to Boiling Pots, you know, where their GPS to come down that road, tourist buses will come through there, and then regular residential. It's a very dangerous road. There have been three or four accidents on that stretch of road that they've shown since I've been there, and it's because it's a one-lane road, and the safety depends upon drivers' courtesy rather than any traffic rules. So, that needs to be addressed. The other thing is more directly affecting me. When it rains, water from that property collects and floods across my property. It's a natural occurrence, like my yard is cut from the way the water has run over the years. My concern is once it's developed with houses there, it's going to change the flow of the water. It may make it worse. It may make it better. I want some assurance that it's going to make it, keep it the same or make it better because developing that property is going to change the water flow across that road, which also makes the road dangerous because the water accumulates across a 150-foot stretch of that road as deep as six inches when it rains. And, we're not talking heavy rains. We're talking a normal Hilo rain. Those are my two objections to this. If we can do some kind of a, you know, water report on that to show how they're going to mitigate the water flow through that property once it's developed, and the traffic issue is a County thing. You guys are going to have to deal with it, but those are my two main concerns. CLARKSON: Any questions from the rest of the Commission? I just have one. I'd like to take a look again please at the photograph of the one-lane road just so I understand. I also drive over extensive one-lane roads to my house, and often meet oncoming traffic and one or the other of us has to pull over. Usually, I think County rules are that the downhill traffic has to yield to uphill traffic. It does appear to me that this road has very, it has some paved shoulder, and in this picture at least, a very broad unpaved shoulder that is well mown. What's under the grass? Is that just dirt? MORI: Well, it's dirt. What you can't see there is a couple of feet off the edge of that, it drops right off Now, on the;.aumana roadside between the Kaumana Road and the first property, there's trenches on either side of the road, so you have nowhere to go, and that's—it may be a couple hundred feet of the road, maybe a hundred yards of the road. So, you have nowhere to go. So you're depending upon, you know— CLARKSON: Courtesy. MORI: Courtesy, and like I said, they've been three or four accidents there, so adding another 50 cars a day, you know, this is down the road obviously, but adding another 50 cars a day to that situation is not a good thing. CLARKSON: Thank you. 4 IKEDA: Mr. Chairman? You know, I walk that road almost every morning. MORI: I thought you looked familiar. IKEDA: Yeah, so I know what you're talking about, but I've noticed that people were courteous, that they do, you know, move on the side. It would be nice if they could have made it, you know, a little wider, but—. MORI: What I was thinking, you know, a simple solution to that is some kind of traffic instruction. You know, a yield sign or some warning of what's going on, because it's not really our, you know, local guys, we know what to do. IKEDA: Yeah, I walk that almost every morning. Yeah. MORI: But, it's the tourists that come in. They have no idea, you know,when they face you down on a one-lane road, and some of these mainlanders are really aggressive, you know. IKEDA: Yeah, and in fact I kinda like the road. Maybe I.go early in the morning so the traffic isn't that heavy. I might run across fouror five cars at the most. MORI: Well, I work out of the house, so I kind of watch it all day if you will. There are two times where it's busy. You know, it has to do with the change of the hospital shifts. The rest of the day, it's just the local traffic: IKEDA: That's right. MORI: Tourist buses and tourists, they run that road. IKEDA: Like at 4 o'clock in the morning, no one is there. MORI: No one's there, yeah. It's really nice, and you know, I don't have any objection, you know, to the change per se. I like your idea actually. That's why we moved up there. IKEDA: I think a lotof lots down.there, isn't it Ag-3 or something like that on the bottom side of the road? MORI: Where's that? IKEDA: On Akolea. I think a lot of the lots are Ag-3. MORI: Yeah, they're all Ag-3 I think, almost all of them I think. IKEDA: So, it's kind of changing, you know, so I understand. In fact, what was his—I think, Kai came in for a subdivision not too long ago, and I think we changed his one also. So,- 5 MORI: No, I think that's the inevitable use of that. The inevitable use of that property is to be residential property, and it's good that it's broken up into six acres. I like all of that. Like I said, my only issue is down the road, you're going to have to deal with the traffic issue there. There's already been several accidents on that stretch. That has to be dealt with. And, the flooding, particularly to me. You know, I can't go along with this unless I have some assurance that they address that issue. IKEDA: I think that can be done, I think. If you ask the Planning Director where all water has to be retained within the property. You know, we have done that before. MORI: Is that the normal course of business when it's in a subdivision? Is that—? HALL: Usually when you have a subdivision or even any development there usually needs to be a drainage study for each person that— MORI: There is? • HALL: Yeah, so it will be done by the Department of Public-Works. MORI: And, they'll give instructions on how to change things or construct them to figure out? HALL: I think that you just submit the study and they approve or deny it. MORI: And, so that's just a normal course of the business? - HALL/IKEDA: Yes. MORI: Okay, so will I be privy to that somehow, somewhere? HALL: It's usually all public record because it goes through the County. MORI: But, I won't actually be notified. HALL: You have to request it. ;`_ MORI: I have to request it? And, where do I request that? HALL: The Department of Public Works whenever it happens, yeah. MORI: But, I won't be notified when it happens. WATANABE: We can add you to a list. MORI: Could I please? 6 i 1 WATANABE: We can put you through email or we can mail it to you. MORI: Yeah, yeah. WATANABE: And, you do bring up valid concerns. There are two conditions that we are adding, we're recommending that the Planning Commission consider. Condition K, I'll read it for you, states that, "A twenty-five foot.wide future road widening setback along the property's Akolea Street frontage shall be delineated on [a] plat map[s] submitted for the subdivision of the subject property. Upon [the] request of the Department of Public Works, the applicant, their successors or assigns shall subdivide and dedicate the land encumbered by the future road widening to the County of Hawaiei at no cost to the County." So, this would be during the subdivision approval. The subdivision wouldn't go through unless those improvements, or is delineated on the map. MORI: Okay. WATANABE: And at the time that DPW needs them to do thefuture road widening, that will happen. MORI: Okay. WATANABE: And, the other condition that you had mentioned,we're addressing that in Condition M which states that,"All development generated runoff shall be disposed of on site and [shall] not be directed towards any adjacent properties." MORI: Okay. Okay, I'm:satisfied. IKEDA: So, I think theconditions should be getting better instead of right now. It should be better than what it is right now. MORI: Okay.; Well, I hope so anyway. CLARKSON: Thank you. We have one more person signed up to testify. Please raise your right hand. Do you swear or affirm to tell the truth on this matter before the Commission today? PEART: Ido. CLARKSON: Please introduce yourself and then proceed with your testimony. PEART: Thank you. I'm Eden Peart, a 35-year resident of the Island of Hawaiei, now in Hamakua. I'm not fully familiar with this request, but I was concerned as I saw the presentation. I am hoping that the Commissioners won't take lightly dividing up land that's been designated for Agricultural in several designations into smaller units. I can understand and acknowledge definitely why the owners would want to surround themselves with neighbors, families that share the same kind of subsistence lifestyle. I'm concerned that Puna, which is such a quickly 7 increasing area of growth, but lacks sufficient infrastructure, would do this lightly. It opens the door for speculation, and for one thing, these are like gentlemen farm kind of tracts that would be opened up even if they were initially sold to families. That doesn't guarantee that they will stay in that kind of conscionable stewardship. But, moreover, I hope you'll really consider the expertise of the neighbor who brought up some important hydrology issues, that, you know, quick fixes aren't easy to figure out what to do or how to pay for them, and the County has a lot of obligations in many areas to fix things in Puna. So, before this designation is decided, I hope you'll really consider with the expertise that exists in our County now through the extension offices and Korean Natural Farming. There's ways to take these 20-acre tracts or 40 as they were and make them serve Multiple needs for families and communities and support our number one goal of, you know, food sovereignty and food self- sufficiency on the island. So, while it will certainly be profitable and perhaps have some good outcomes, I hope you won't take this decision lightly to divide up big tracts of f agricultural land that has a lot of potential to meet our greater needs. Thanks. CLARKSON: Thank you. Are there any questions for the testifier from the— IKEDA: —I'd like to comment on that CLARKSON: Okay. IKEDA: You know,like what you're saying is really true because they had a new subdivision in our area called Haleloke, and the developer dida good job where their land used to flood and used to go all the way down to Ainako. They did swales, and they diverted some of the water, and it doesn't flood anymore, and so I have a lot of confidence in the County. Also, on the natural farming, I was one of the founders of the natural farming so I understand what you're talking about, and I think six acres is quite a lot because I do some farming on my one-acre, and I do mine little different. I have some in the ground but lot of—because my land is very poor. It's rocky, and I do hydroponics, so, you know, there's other ways of farming also. So, thank you. CLARKSON: Any other questions? REPLOGLE: I would like to. I agree with you. The idea that they have presented in having their friends farm around them, that lifestyle producing food is good, but down the road, is the six-acre parcel going to become six different parcels? And, the idea of food sovereignty is a very serious thing facing the State of Hawaii, and I don't know that there's anything that can be done to protect our agricultural land. I agree with Mr. Ikeda. Six acres is a lot to farm, yet we have to be careful we don't today say go ahead and tomorrow the farmland, the ag land is lost. And, an interesting thing, the population of the State of Hawai`i today is equal to what it was in the islands at the time of the arrival of Cook. The big difference is when Cook got here, we fed ourselves. Now, we don't feed ourselves. We have a week or two of food in the State, and these 8 six-acre parcels would be gold if something were to change. Anyway, that's my concern with the messing with agricultural property. Thank you. RAFFIPIY: Mr. Chairman, I'd like to make a comment on that. I kind of look at it in a different perspective. Right now, we have one family trying to do farming, and I don't know how much they can farm, one family can farm that much of a property, real estate. But, I was thinking like if you have six families, multiply that effort right now by six times. I thought that it would increase the food production by six times, and like Mr. Ikeda said, you know, six acres is a lot of real estate to farm, so that's how I look at it. Thank you, Mr. Chair. CLARKSON: Any other comments or questions for this testifier? No? Thank you very much. Is there anyone else that would like to testify on this matter? Please come forward and be sworn in first. Please raise your right hand. Do you swear or affirm to tell the truth on this matter before the Commission today? PAIK: Ido. CLARKSON: Please introduce yourself and proceed. PAIK: Hi, my name is Koohan Paik, and I also didn't come to speak on this, but I was on Kauai for 20 years, and I saw situations like this time and time again,and I don't know if you know what Kauai is like now, but it's a planning commission disaster,and it's because people had entirely good intentions just like these folks;do. So, I wonder, if, why not lease the land? Set up arrangements with families and friends because what happened on Kauai time and time again is that as prices skyrocketed and people like Mark Zuckerberg started moving in, which is going to happen here more and more. It's like how can you_ turn down a million dollars for your six-acre parcel even though your cousin wants to give you payments of$300 a month for the same parcel. Or, what if you sellyour parcel to your_cousin for whatever, and then prices skyrocket, and that person loses his job. Next thing you know? It's in the e hands of a speculator, and that's what happened on Kauai. That's what happened on Maui. And, it all started out with entirely good intentions for food sovereignty, for staying in the family. If you want to stay in the family and with friends,why not lease it? And that way you don't go down that road that there is no turning back. Thanks. CLARKSON: Thank you. If there is no more testimony, I ask for a motion that public testimony be closed. IKEDA: I move that public testimony be closed. CLARKSON: Is there a second? DELA CRUZ: Second. CLARKSON: All those in favor? COMMISSIONERS: Aye. 9 CLARKSON: Opposed? Public testimony is closed. Is there any discussion that we Commissioners would like to have? Any more questions before I call for a motion for action? If not— REPLOGLE: —I have a question of the Applicants. CLARKSON: Please come forward. REPLOGLE: We are at a juncture here, and as I stated, I think-your plan and your intentions are excellent,but as our friend from, that lived on Kauai pointed out, we can see how that could go awry and cost us something of real value, that agricultural land I guess my question is would you—I'm new at this so—would you be willing to consider the-leasing idea from the standpoint of, you know, so the land can stay in ag or put covenants-on this subdivision where the land would stay like that? MIKKELSON: There's a couple of different things I'd like to say, please REPLOGLE: Go ahead. MIKKELSON: First of all, this land can no longer, no further be subdivided. It is, it's at its max right there. So, that stays at 6 acres and-,8:acres That's the first thing. The second thing, because of the requirements for having additional farm dwellings, you would come to a spot where you could not lease it out:and have homes on it, residences on it. Although you can lease the land,you wouldn't-be able to have a residence, so your family could not be on there, and this way, they have each of these properties has a water meter available, one. And, after that, so, they cannot really subdivide any further. It is just what it is. I hope that helps. REPLOGLE: Well, I understand that, and the three of us aren't going to rewrite land use law today, but that is a concern of mine that we need to figure out a way so you can do that. You can live on your farm. Anyway, thank you. Thanks for answering. CLARKSON: Thank you. You.may be seated if there are no further questions. At this time, I'd like a motion for action, please IKEDA: I move that a favorable recommendation be forwarded to the County Council on the application of Change of Zane, Docket No. REZ 18-226 based on the Planning Director's recommendations, findings, and proposed conditions which shall be adopted. DELA CRUZ: Second. CLARKSON: It's been moved and seconded that a favorable recommendation be made. Moved by Commissioner Ikeda and seconded by Commissioner Dela Cruz. Please call the roll vote. WATANABE: Yes, Chair. Commissioner Ikeda? 10 L , IKEDA: Aye. WATANABE: Commissioner Dela Cruz? DELA CRUZ: Aye. WATANABE: Commissioner Aguinaldo? AGUINALDO: Aye. WATANABE: Commissioner Raffipiy? RAFFIPIY: Aye. WATANABE: Commissioner Replogle? REPLOGLE: Aye. WATANABE: And, Chair Clarkson CLARKSON: Aye. WATANABE: The motion carries six to zero. Thank you CLARKSON: So, theaction of this Commission will be forwarded to you in writing soon. Thank you. - The discussion ended at.9:47 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission 11