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COM 1024.000 2016-2018
.OJ�tY OF New.. �,,', Wil Okabe Managing Director Harry Kim 1 ;'11��: R��:.,;...r�* Mayor '.. '•.;�_ `�.;;, Barbara J.Kossow �i�•:;;;;;°• �`: Deputy Managing Director f iuxrtg f%Allan`n ( fft>C>e ' fk' Altavor 25 Aupuni Street,Suite 2603 • Hilo,Hawai`i 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawaii 96740 (808)323-4444 • Fax(808)323-4440 1+4 C'? co CDC) C July 31, 2018 cD rn Valerie T. Poindexter, Council Chair and Members of the County Council � >1':�c County of Hawai`i ccs 25 Aupuni Street Hilo, HI 96720 Dear Chair Poindexter and Members: SUBJECT: Change of Zone Application (REZ 18-000227) Request: A-20a to A-5a Applicant: Charles and Kitura Andrus Tax Map Key: 3-5-004:023 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, AOr WIL OKABE Managing Director MTransCouncilAndrusREZ 18-227 Enclosures cc: Planning Department Comm. No. O ZA <6.% 't 1 tC• � � Ref. To: l Ref. Date AUG 0 9 2018. County of Hawai`i is an Equal Opportunity Provider and Employer. -''NSY OF~'w•• -•�°J ''� Harry Kim , Joseph Clarkson, Chair • - _n �,,I�rL,• �, Mayor *: % Donald Ikeda,Vice Chair �_ ,. Gilbert Aguinaldo •+; NA ow;.•�� Donn Dela Cruz 44'4'40 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 JUL 3 1 201 ' 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 18-000227) Request: A-20a to A-5a Applicant: Charles and Kitura Andrus Tax Map Key: 3-5-004:023 The Windward Planning Commission, at its duly held public hearing on July 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-5 acres (A-5a) zoning district. The property is located on the southeast side of Kihalani Homestead Road, about 0.90 miles from its intersection with Hawai`i Belt Road (Highway 19), Kihalani Homesteads, North 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 from Agricultural 20-acre (A-20a) to Agricultural 5-acre (A-5a) for approximately 11.06 acres identified as TMK (3) 3-5- 004:023, in order to create a two-lot subdivision. Upon subdivision, the applicant's would reside on one lot in a home that was constructed in 2018 and the remaining lot would be conveyed to the applicant's children. 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. Hawai`i County is an Equal Opportunity Provider and Employer Valerie Poindexter, Council Chair and Members of the County Council Page 2 In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must 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 5-acre (A-5a) zoned district will conform to the goals, policies and standards of the General Plan. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals,policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed request conforms to the LUPAG Map, which identifies the property as Important Agricultural Lands. These are lands with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors. The property also has deep soil and is classified as Prime Agricultural Land on the Agricultural Lands of Importance to the State of Hawai`i (ALISH) map. The property is also classified as "C" or"Fair" for agricultural soil productivity. The applicant currently grows fruit trees and pastures livestock on the property. The change of zone request will keep the property in the Agricultural zoning district and will allow for the creation of an additional lot through subdivision. Valerie Poindexter, Council Chair and Members of the County Council Page 3 Surrounding properties are similarly zoned A-20a and consist of lots ranging in size from 2 to 12 acres. Most of these lots are non-conforming in size because they were created prior to the establishment of zoning. These lots contain small farms with farm dwellings. The proposed rezoning is also consistent with the draft Hamakua Community Development Plan (CDP), which indicates the subject property is in an Agricultural area outside of the Urban Growth Boundary and outside designated Rural areas. Development and construction in the Agricultural designation shall be limited to agriculture, related economic infrastructure and cottage industries, renewable energy, open area recreational uses, and community facilities, unless otherwise permitted by law. Should the rezoning and subsequent subdivision be approved, the property will continue to be used for agriculture. As an alternative to applying for a change of zone with the current zoning, the owner could build a second dwelling related to active farming on a commercial scale (called an additional 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 applicant could potentially apply for an additional farm dwelling, allowing for the construction of a second dwelling unit (meeting the criteria for an additional farm dwelling) on each lot. The potential to allow additional dwellings may contribute to the cumulative burden on the existing infrastructure, particularly the substandard Kihalani Homestead Road. 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. A 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. All essential utilities and services are available to the property. Access to the subject property is from Kihalani Homestead Road, a County-owned and maintained roadway with a right-of-way width of 40 feet. Near the highway it is a two-lane road that drops down to a one-lane road with grass and dirt shoulders about half way between the highway and subject property. The pavement width varies from 11 to 22 feet, but is about 11 feet wide fronting the subject property. Access to the proposed rear lot from Kihalani Homestead Road will be via a 30-foot wide access pole located along the western property boundary. The Subdivision Code indicates agricultural roads should have a minimum pavement width of 20 feet. It is unreasonable to require the applicant to widen the Valerie Poindexter, Council Chair and Members of the County Council Page 4 pavement of the entire length of the roadway and it is unlikely the County will ever widen the roadway. Although Kihalani Homestead Road is substandard and narrow, it is typical in character to other agricultural homestead roads along the Hamakua coast. The large grass shoulders provide ample space for vehicles to pull over in order to allow other vehicles to pass by and the addition of one new lot should not adversely affect traffic on the roadway. The minimum lot size for Agricultural zoning is 5 acres. The Planning Department would not encourage rezoning of nearby properties to a density below 5 acres because it would not establish a beneficial land use pattern due to the impact additional traffic from these new lots would have on the substandard roadway. However, in this case the surrounding properties are zoned A-20a and consist of non-conforming lots that were created prior to the zoning code, which range in size from 2 to 12 acres. County water is available to the property for the rezoning and subsequent subdivision. An individual wastewater system approved by the Department of Health will be installed to handle wastewater generated by any future residence. Solid waste will be disposed of at the nearby transfer station or Hilo landfill and agricultural waste will be utilized onsite. There are no significant topographical constraints and the property is not located in a flood zone. All development generated runoff will be disposed of onsite. All other essential utilities and services are available to the site. 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 coastal 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. The property is not located within the Special Management Area and is located about one mile from the nearest shoreline. There is no record of a designated public access to the shoreline or mountain areas traversing the property. Due to the property's distance from the shoreline, the property will not impact any recreational resources, scenic and open space or visual resources, coastal ecosystems and marine coastal resources. The property has been previously cleared and cultivated in sugarcane, therefore the likelihood of any rare or endangered species, habitat or flora, or archaeological sites on the property is remote. The Valerie Poindexter, Council Chair and Members of the County Council Page 5 Department of Land and Natural Resources-State Historic Preservation Division has issued detelinination that they believe no historic properties will be affected by this rezoning and subdivision. 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 this change of zone request from an Agricultural 20-acre (A-20a) to Agricultural 5-acre (A-5a) zoning 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 25-8-19 (North Hilo District 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. Sincerely, Joseph Clarkson, Chairman Windward Planning Commission LAndrusREZ 18-227wpc2 Enclosures Valerie Poindexter, Council Chair and Members of the County Council Page 6 cc: Mr. Zendo Kern, Planning Consultant Charles and Kitura Andrus Department of Public Works Department of Water Supply Department of Land &Natural Resources-HPD Amy Self, Esq., Corporation Counsel BAndrusREZ.doc 6/26/18 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT CHARLES AND KITURA ANDRUS CHANGE OF ZONE APPLICATION (REZ 18-000227) CHARLES AND KITURA ANDRUS have submitted an application for a Change of Zone from an Agricultural-20 acres (A-20a) to an Agricultural-5 acres (A-5a) zoning district for approximately 11.06 acres of land. The subject property is located on the southeast side of Kihalani Homestead Road, about 0.90 miles from its intersection with Hawai`i Belt Road (Highway 19), Kihalani Homesteads, North Hilo, Hawaii, TMK: (3) 3-5-004:023. PROPOSED ACTION 1. Applicant's Request: A Change of Zone from Agricultural 20-acre (A-20a) to Agricultural 5-acre (A-5a) in order to create a two-lot subdivision. Upon subdivision, the applicant's would reside on one lot in a home that was constructed in 2018 and the remaining lot would be conveyed to the applicant's children. 2. Supportive Information: The applicant has submitted the attached in support of the request: (Planning Department Exhibit 1 - Change of Zone Application dated March 6, 2018) 3. Landowners:.Charles and Kitura Andrus. STATE AND COUNTY PLANS 4. State Land Use Designation: Agricultural. 5. General Plan Designation: Important Agricultural Land. 6. County Zoning: Agricultural 20-acre (A-20a). 7. Hamakua Community Development Plan (HCDP): The draft HCDP is currently at the County Council for consideration and adoption. The draft plan indicates the subject property is in an Agricultural area outside of the Urban Growth Boundary and outside designated Rural areas. According to Policy 4, the Agricultural areas are to be preserved for agricultural uses, open space, scenic view sheds, and natural beauty areas. Development and construction in the Agricultural designation shall be limited to agriculture,'related economic infrastructure and cottage industries, renewable energy, open area recreational uses, and community facilities, unless otherwise permitted by law. 8. Resolution No. 291-17: This resolution, which was adopted by the County Council on October 4, 2017, indicates that County Council action on rezoning applications in the Hamakua district, Waipi`o though Kaiwiki, should be postponed until the Hamakua Community Development Plan (CDP) is adopted by ordinance, or until December 31, 2018, whichever shall occur first. The subject property is within this area. As of the date of this writing the CDP has not yet been adopted, but is at County Council for deliberation and adoption. It is possible the CDP will have been adopted by the time this Change of Zone application is forwarded to County Council for action. (P.D. Exhibit 2-Resolution No. 291-17) 9. Special Management Area: The subject property is located about a mile from the nearest shoreline and is not in the Special Management Area. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 10. Subject Property: The property sits at approximately 800 feet elevation and is fairly level. There is a farm dwelling on the western portion of the property that was completed in May 2018 with building permits BH2O18-00538 and BH2,017-00877. The applicants have planted various fruit trees and conduct small-scale pasture grazing on the property. 11. Surrounding Zoning/Land Uses: Surrounding properties are similarly zoned A-20a and consist of lots ranging in size from 2 to 12 acres. Most of these lots are non-conforming in size because they were created prior to the establishment of zoning. These lots contain small farms with farm dwellings. A State-owned plantation ditch runs along the northeastern property boundary and Kihalani Stream is located on'he adjacent State • property to the southwest. 12. Agricultural Lands of Importance to the State of Hawaii (ALISH): Prime Agricultural Land, which is land best suited for the production of food, feed, forage and . fiber crops. The land has the soil quality, growing season, and moisture supply needed to produce sustained high yields of crops economically when treated and managed, including water management, according to modern fanning methods. 13. Land Study Bureau's Detailed Land Classification System: "C" or"Fair" for agricultural productivity. -2- 14. U.S. Soil Survey: The soil survey report classifies the soils within the property as predominately Honoka`a silty clay loam (HsD), 10 to 20 percent slopes, which has been used primarily for sugarcane, pasture and macadamia nuts. Permeability is rapid, runoff is slow, and the erosion hazard.is slight. Roots can penetrate to a depth of five feet or more. 15. Flood Zone: Zone "X", an area determined by FEMA to be outside the 500-year flood plain. 16. Flora/Fauna Resources: No formal flora or fauna studies were completed for the subject property because it was cleared and used for sugarcane production for many years in the past. The property's vegetation consist mostly of guinea grass. It is also unlikely that Hawaiian Hawk or Hawaiian Owl are on the property since there are no large trees. 17. Archaeological/Historical Resources: In a letter dated May 24, 2018, the State Historic Preservation Division determined no historic properties would be affected by the rezoning and subsequent subdivision since the property was follnerly bulldozed and used for sugar cultivation. 18. Cultural Resources: The property does not contain any features of cultural importance and there is no known history of traditional gathering associated with the property. The proposed rezone and subsequent subdivision would not affect the exercise of traditional or customary Native Hawaiian rights in the area. 19. Public Access: There is no record of a designated public access that traverses the property. PUBLIC UTILITIES AND SERVICES 20. Access: Access to the subject property is from Kihalani Homestead Road, a County- owned and maintained roadway with a right-of-way width of 40 feet. Near the highway it is a two-lane road that drops down to a one-lane road with grass and dirt shoulders about half way between the highway and subject property. The pavement width varies from 11 to 22 feet, but is about 11 feet wide fronting the subject property. Access to the proposed rear lot from Kihalani Homestead Road will be via a 30-foot wide access pole located along the western property boundary. 21. Water: The subject property is currently served by two 5/8-inch County water meters, each limited to an average of 400 gallons per day. This will allow one water meter to -3- f serve each lot upon subdivision into two lots. A portion of the property is situated at an elevation where water cannot be delivered at adequate volume and pressure, under peak- flow and fire-flow conditions, from the County's existing water system facilities. Water System Standards for subdivisions allow only one lot to be out of the pressure zone, thus DWS recommends revision of the current lot configuration for the proposed subdivision so that only one of the lots is located outside the pressure zone. 22. Wastewater: A septic tank system currently serves the existing residence that was constructed in 2018. A new septic tank system, approved by the Department of Health, will be installed by the respective landowner in conjunction with the construction of a dwelling. 23. Solid Waste: Solid waste will be taken to the nearby transfer station by the individual lot owners or a private hauling service. Agricultural waste will be retained and utilized on the property. 24. Essential Utilities and Services: Police services are available nearby in Laupahoehoe. Fire and medical services are available in Hilo. All other essential utilities are available to the property. AGENCIES' COMMENTS 25. Department of Public Works- Engineering Division: P.D. Exhibit 3 —May 25, 2018 memo 26. Department of Water Supply: P.D. Exhibit 4 —May 25, 2018 memo 27. Fire Department: P.D. Exhibit 5 - May 22, 2018 memo 28. State Department of Health: P.D. Exhibit 6—May 16, 2018 memo 29. Department of Land and Natural Resources- State Historic Preservation Division: P.D. Exhibit 7—May 24, 2018 memo AGENCIES -NO COMMENTS/CONCERNS 30. Department of Environmental Management, Police Department, State Department of Land and Natural Resources- Engineering and Land Divisions. AGENCIES -NO RESPONSE 31. State Department of Agriculture. PUBLIC COMMENTS 32. P.D. Exhibit 8: Letter dated June 19, 2018 from Marianne and Leonard Freeman. -4- - CHANGE OF ZONE APPLICATION c r COUNTY OF HAWAII f-., PLANNING DEPARTMENT • (Type or legibly print the requested information) = ;._a APPLICANT: Charles and Kitura Andrus = :a APPLICANTS SIGNATURE: DATE: „5/6//g ADDRESS: P.O. Box 477 Laupahoehoe, HI 96764 . -79 ..,-., - J. LIST APPLICANT'S INTEREST IF NOT OWNER: f,= -� - LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (Res.) 808-765-8652 (Fax) LANDOWNER(S): Charles and Kitura Andrus LANDOWNER SIGNATURE(S): ;j� % �1 � „, 4 DATE: 3/6/M (May be by Tette ) LANDOWNER(S) ADDRESS: P . O. Box 477 Laupahoehoe, HI 9 67 64 REQUEST: A-L®a TO A-5a Existing zoning) . (Proposed Zoning) TAX MAP KEY: (3) 3-5-004-023 STREET ADDRESS OF PROPERTY 35-281 Kihalani Homesteads Rd. Laupahoehoe, HI 96764 SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 11.06 acres AGENT: Zendo Kern, Planning Consultant ADDRESS: RR2 Box 4105 Pahoa, HI 96778 TELEPHONE:(Bus.) 808-333-4734 (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Zendo Kern COPIES: Applicant Planning Dept. Exhibit, ATTACHMENT Agncu]tlualR ezoning PLANNING DEPARTMENT COUNTY OFHAW All APPLEATDN FOR CHANGE OF ZONE I, Ifyourrequestis approved,do you intend to subdivide the subct land i1 accordance with the approved change of zone? 'Ye5 Ifyes,phase answerthe restofquestion 1 and then to question 3. a. How m any acres ofthe requested area do you intend In subdivide? A1\ b. Int whatbtszes? 7u�4v3 } c. Ifyourrequestis approved,appmxkr ately how long a$erthe date ofappmvaldo you expectto subm ityoursubdivisirn plans to the Planning D epartm entforprelin inary approval / py611 J. Do you intend to build houses on the newly created lots? Ifyes,phase answerthe iblbw ing questions: On how m any ofthose bts? 1 Atwhatappro inateprbe range? House %25O,oOO Lot iv( cif cat ;)1 Total deint Fr ,,,;Iy AppmXin ately how long,afterappmvaloftile subdivision, would the first house be ava>labh foroccupancy? J 4o 2—icAo Ifyou intend to subdivide,please subm ita prelin many schem atic subdivision plan togetherwith yourchange ofzone application ibnn . ye,S 014 2. Ifyou have no firm plans ofsubdivi ding the subctama, do you intend to: a. S ellorhase the land to som eone who has thin plans? b. S e]lorhase the land to som eone who has tentative plans? c. Sellorhase the land to som eone who has no plans? J. Keep e. Other(phase state) F.D._ 5/$4 f. Ifyou intend to do eithera, b,c,phase ehborate on the kind ofphns the atherparty has.P base, also ,incbde in your answerappmx_in ately how soon aferappmvalofyourrezoning do you ex_pectto hansferthe subcthnd te anotherparfy. 3. Do you think thatyourrequestand yourfurtherp]ans forthe land willalhviate the bcalhousing situatbn? Ye23 How? 0— vim kOSA5)15 udPS `AA\\ "a"Ija a►, ‘L lnElvse� a 4. Are there any buildings on the subctarea? 'fey Thso, whatkind? J id \'c. A y ( nr -\\o'^�j & f1.) j 01 - W hatdo you intend t do with those buiiilgs ifyourrequestis approved? v ie4 5. Is the subcthnd currently being used forany agrculturalactiriby? Ye/5 Ifso,phase ]istthe kinds ofpmducts grown and on how m any square feetoracres ofhnd perpmduct 6. W as yourrequestto a]bw forthe creatbn ofsm a]hrag±u]tural bts? NO Ifso, dii yourplan incbde the tlbwing consslerations? a. Commodity to be produced? W hat kinds ofcom m odity? b. Suitability ofthe proposed int-size brthatcom m odity? c. Suffrinntfa m size to albw reasonabh chance of success in comm ercilagEculhire? 2 d. Agrjculturalbases orotheribnn s ofassuiance thatpotential buyers orbases would putthe subctarea into som e bra of agrbu]hzraluse? No Phase state the proposed type ofarrangem ent Phase subm ityouragricuhualpla.ns ibrthe subctarea and presentevidence ofconsideiatbn ofthe above requirem encs together with yourrequestfora change ofzone. Ifyou do notslend to subdivide the subctland ibrsom e sortof agrbulhzlalpurpose,phase state yourothermasons. c &r. circ ss 0V,Na . To yourknowhdge,has thee been any fboding and/ordraiiage pmbbm on the subctarea? No_ Ifso,phase descrbe the pmbhm 8, Do you thilk thatthe mads hadiig to the sub ctama needs in pmvem encs? No Ifso, whatkind? • Is the mad adequate ibrthe proposed traffc vohun e orbad? 9. W hatsortofgovemm entalassistance and/orin pmvem ents do you feelwm71 be needed n the subjpctarea when devebped? • Yes No a. Schools b. Roads c. Sewer d. D ravager -3- YesNo e. Police P mtect on K f. Fire P mtect bn K 9 Recmat onalFaciliti s h. Public U tilitis X r_ 0 the r Forthose checked 'yes",phase ehborate whatt'pe or kids ofin prpvem encs and/orassistance are needed. i r S iiria hne: ( , Address: P o (301( 4i 7 1,4,,fia,4,,, t!i -c Q 6 !6 Telephone: (C4Og) 765-3b5 Z Dat: 3/6/ne -4- TO WHOM IT MAY CONCERN: As landowners of parcel identified by TMK: (3) 3-5-004: 023, I hereby consent and authorize Zendo Kern of Zendo Kern Planning Consultant to file and process a Change of Zone Application and Subdivision Application on our behalf. t-2- H BY: ' ,l r 17 CHARLES AN II 'U S (DA E) • BY: 12/11 ' KITURA ANDRUS (DATE) COUNTY ENVIRONMENTAL REPORT COUNTY REZONING REQUEST (A-20a to A-5a) CHARLES & KITURA ANDRUS KIHALANI HOMESTEADS LAUPAHOEHOE HAWAII TMK_(3, 3-5-004-023 INTRODUCTION Charles and Kitura Andrus ("applicants") are requesting the rezoning of a 11.06-acre parcel of land from the Agriculture to Agriculture (A-5a) district in Kihalani Homesteads, Laupahoehoe, Hawai'i. The property is located at the southeast side of Kihalani Homestead Road, approximately 0.90-miles from its intersection with Hawaii Belt Road. The Laupahoehoe School is located at the bottom of Kihalani Homestead Road where it meets Hawaii Belt Road. - (Figures 1 and 2) The applicants are in the process of constructing a single- family dwelling on the subject parcel to be their primary residence. If approved, the applicants intend to subdividethe 11.06-acre pp d 1 .06 acre parcel into two (2) lots, consisting of a minimum of 5-acres each. The division of said lots are as such: The applicants will occupy one of the lots and the newly created lot will be conveyed to one of the applicants' children. II. PROJECT LOCATION As noted earlier, the subject property is located at the southeast side of Kihalani Homestead Road, approximately 0.90-miles from its intersection -with Hawaii Belt Road. The Laupahoehoe School is located at the bottom of Kihalani Homestead Road where it meets Hawaii Belt Road. 2 (Figure ) III. PROJECT DESCRIPTION A. Project Concept and Components The subject site consists of 11.06-acres and has one single-family dwelling being constructed on the northwest side of the property. The applicant wishes to subdivide the subject property into two (2) lots and eventually convey the new lot to one of their children. If approved, the proposed lots would consist of a minimum of 5-acres in size. As proposed, the newly created lots would have access off of Kihalani Homestead Road. (Figure 1) 1 • • Preliminary Subdivision • Of Grant 6522 to M. Paolos Jr., t 200 400' a° 3�'6 I FD 1/2" Lot 27, Kihalani Homesteads, into •5 PIPE CD /f itp. , I Lots 27-A and 27-B, L SCALE IN FEET �N 1��19136, No. Hilo, Island and County of Hawaii. FD. 1/2" (`p� 1 FD 1/2" I TMK(3) 3-5-004: 023 }'!) PIPES 4C.,5 ,58.55 PIPE, CONC. sul • LII- t,R�99 260 \ i se h; i '`-. /12.9%f �0 4eco> if 1 / ,- . i ; �. •• 73 R214'S8'138.00 �p0��� m • '; ` ��' \6•. 2 � r 40' KIHAIANI FD. 1/2"- i • 107.82'• PIiiPE1/2„1�;95�, 6, w J PIPE to �\111�, 1 Cl. PROPOSED u1 ;:.fid' ` TMK(3) 3-5- t� RESIDENCE, 1e r i:l. • Q 004: 022 ~30 • to ANDAGE, <�\br (\ • v.)4/1 • DRIVEWAY �I m SIT Ef -- I DITCH N i' ILOT 27-A RESERVE�� `" -1 ; VICINITY MAP It 5.019 AC± -2, •PG"� �.��°''\ FD. 2" NO SCALE tri PIPE -- w w`sii� POR. OF PIPE ul ,�>. 9' ,r, LOT 28, _ 1 .1,...'" w°GRANT 6239 w '\ I (R)41'15' o-386.78' v SIMMONS'w TO A.I. GRANT 8570 TO I gCCEss STRIP�y ', o e.,a<9 0 Ditch Reserve GEORGE K. LONOEHU I (0.306 AC.�7 Lo%\ REC��' a o I \ LINE LENGTH SO. LINE TTABLE AZIMUTH TMK(3) 3-5-004: 063,1 ,. t" J 4 JOHN K. STANSFIELD, 0 2q. ',„(7, c" o~ a,, ` L1 10.15 193.51'00" Situs: TR. °I ��''• 4), ..§o = \ L2 177.46 258'38'00" 35-281 Kihalani Homestead Rd. o G [�� co L3 122.00 297'48'00' Tax Map Key (3) 3-5-004: 023 QI 2>S" LOT 27-B 2,,� h `� L4 47.50 283'48'00" I '' 6.041 AC± 0,0'3 ACO Owners: 6 �_ L5 123.00 310'30'00" I ��I` L4L1 p t<6 PIPE L6 82.00 Charles & Kitura Andrus 02'00'00" PO Box 477 W L7 73.00 349'02'00" Lapahoehoe, HI. 96764 42O. TMK(3) 3-5-004: 10 L8 89.00 306'16'00" Nti (R'Z31 )i.R" . SET 1/2" DENISE HOTHINGER L9 71.00 280.11'00" N0r'.,Y . FD. 1/2" 5�730a. WALLACE L10 61.00 295'57'00" This work was prepared by me or ILQ1}'';� FD. 1/2" PIPES 46• DAWN WALLACE L11 76.00 255'04'00" under my direct supervision. I PIPE USC\' KULBERG L12 107.00 297'25'00" N� G o14 L13 61.00 327'04'00" FD. 2" p,�' 4• L14 23.22 12'08'05" r(�H 5....00 P\\ Daniel L. Berg PIPE ' ) '�' \\pW L15 76.00 147'04'00" Licensed Professional Land Surveyor SMKS PjE OF L16 100.50 117'25'00" License Number 11245 L17 73.00 75'04'00" Map Notes: Land Use Zone: L18 66.00 115'57'00" 1. (R) indicates Record dimensions per the following A-20a L19 70.00 100'11'00" _'Z 'r sources: L20 93.00 126'16'00" Reg. Map No. 2496, Kihalani Hmstds., dated 1910 Project Description: I Subd. of Lot 28, SUB#0056, appr. Oct. 1948. Subdivision of Lot 27 into Lots 27-A (5 ac.) and 27-B L21 79.00 169'02'00" if Cons. Map, CON#13-000235, appr. Jun. 2013. (6.06 ac.) L22 78.00 182'00'00" CSF#10799, dated Sep. 1949 L23 119.00 130'30'00" dib &Associates 2. Flume right-of-way as shown on Reg. Map 2496. L24 46.00 103'48'00" (AND Sl1nVF.Y1NCi.tdAFl`fNr•C:C1,W1UL1'INti L25 119.00 117.48'00" Date: February 07, 2018 - L26 174.60 78'38'00" P.O. 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I :L , .Z.i); ,,-.,,:,!`! .".II- .. , .F) _. -----..--i/ ---- . .i.0 ..-- \ ' , . / '‘..'''. . \ , THIRD DIVISION , I I A *1 ., ; ,' ZONE SEC. PLAT [—I PLA r or ,_.- • A '''`....„.„ t! • • . . , . Z)i,' • • , 2.4 tiU,,i1:117'47:5, 3 1 5104 ()i •., , , , , '.... • • „,D j.,...;;NT?: ...••• °L..; kON,..ININ G PARCF.L S . • fbrliAn 01' '<MALAN'•,,,,'WHOA/A/O 1..A E• H 051e..5 Tff AD 5. N.NILO, HA WA/I. Let.:0..4.-Le.4..c ., \ ••... •.•.. //'-‘4/4.4- C-4:• —. ...m.N.m..... ......,.... .....•••••.m.. .... ......m.1.,........ NM _ -- . • • . ,, It is understood that the subdivision plan submitted herein may have to be adjusted prior to receipt of final subdivision approval to accommodate County subdivision requirements and appropriate conditions of approval. B. Protect Timetable and Cost The applicant hopes to secure County rezoning approval as soon as possible and begin the subdivision process immediately thereafter. Tentatively, plans call for having the land subdivided by the end of 2018 or beginning of 2019. The estimated cost of improvements for this project will be minimal based on the necessary improvements. No roadway or water improvements will be necessary as both lots-will front Kihalani Homestead Road, which is a County owned and maintained roadway. Additionally, the subject parcel is served by the Department of Water Supply with two existing water meters. As noted earlier, the applicants will be conveying the newly created lot to one of their children with the plan to construct a new single-family dwelling, which has an estimated cost of $250,000. IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The subject site is designated Agriculture. Based on the.proposed lot size, no.State Land Use Commission action is required. The County of Hawai'i can.process the rezoning request. B. County_General Plan The County General Plan Land Use Pattern Allocation Guide ("LUPAG") map designates the subject site as Important Agriculture Land. This designation allows consideration for uses that are single- family residential in character and agriculture uses. The .proposed agricultural subdivision resulting in two (2) lots would be consistent with the Important Agriculture Land designation. As such, no General Plan amendment would be required to effectuate this project. C. Hamakua Community Development Plan The Hamakua Community Development Plan (HCDP) attempts to further define the General Plan and serves as a guide for decision- makers. At the time of filling this application, the Hawaii County Council has yet to adopt the HCDP as an ordinance. However, if based on the available draft of the HDCP then the proposed change of zone request is conducive to the goals and policies outlined in the said draft of the HCDP. 3.1.2 General Plan Settlement Framework The General Plan articulates the overall County's preferred settlement pattern in section 14.1: The future improvement and development objectives are directed toward making urban and rural centers more efficient, livable, and safe. Growth should be encouraged in terms of renewing older areas or extending existing areas. The creation of new urban and rural centers should be initiated only when it is in the public interest and must be accompanied by commitments from both government and the private sector for the development of basic community and public facilities and services. Infrastructure costs less when new residential areas are located near existing highways, water and sewer lines, and employment centers. Policy 4 In order to preserve larger lot agricultural lands for productive agricultural use, allow rural development on lands near urban areas vs where an intermediate land use between residential and,productive agricultural areas is consistent with the surrounding uses and rural character. This is reflected in the location of"Rural" (R) areas on the official Land Use Policy Map, which is intended to facilitate changes of zone to "Residential and Agricultural District" (RA) or the "Family Agricultural District" (FA). The maximum density for the Rural designation in the Planning Area shall be 1 unit per 1 acre. Policy 5 In the official Land Use Policy Map, the urban growth boundary between developed areas (designated "Low/Medium Density Urban") and lands designated as agricultural or rural (designated "Important Agriculture Land"or "Extensive Agriculture"or "Rural") is intended to be parcel-specific in the Hamakua CDP planning area. Areas that are clearly beyond the designated urban growth boundaries shall be. 3 preserved as rural or agricultural lands to maintain open space, scenic view planes, and natural beauty areas. 6.2 Strengthening Local Agriculture This section of the CDP guides efforts to strengthen the local agriculture value chain, including agricultural land acquisition, agricultural parks and water systems, the diversification of agriculture- based businesses on agricultural land, and agricultural tourism. 6.2.1 Community Objective Community Objective 11: Enhance and promote local and sustainable agriculture, farming, ranching, renewable energy, and related economic support systems. Further, the proposed request is consistent with the HCDP's Preferred Land Use Settlement Map and identifies this area as important agriculture lands, which is consistent with the County General Plan LUPAG map. The LUPAG map designates the subject site as "important agriculture land". The County Charter requires all change of zones to be consistent with the designation in the General Plan. In this case, the GP LUPAG map and the HCDP concept map designation is Important Agriculture Land, and thus, the requested A- 5a zoning would be consistent. � D. County Zoning The County zoning of the subject property is Agriculture (A-20a). The majority of the surrounding properties are zoned (A-20a) with a few lots zoned (A-10a) to the northeast. While the surround properties are zoned (A-20a) and (A-10a) the lots vary in size from 2 acres to 10 acres +. If approved, the site would be subdivided in a manner generally meeting with both the Zoning and Subdivision Codes. Notwithstanding the subdivision requirements, all uses and standards consistent with the requested (A-5a) zone would be adhered to. E. Relationship to SMA Objectives and Policies The site is not located within the County Special Management Area (SMA). No SMA Use Permit is required. However, as the entire island falls within the Coastal Zone Management (CZM) Area, a discussion of the request's relationship to the CZM Program follows. 4 The site is not adjacent to the ocean. It sits approximately 0.75 miles from the shoreline at an 830+/- elevation. As such, the proposed action should not have any adverse impacts on the area's coastal recreational and marine resources nor have any impacts on beach protection. The likelihood of this improvement having any impacts to the area's historic resources is not high. The site was previously bulldozed by the applicants and/or their predecessors for residential use, sugar cane farming and some measure of cattle grazing. In the event any archaeological features are found during any earth disturbance activity, work will stop within the affected area and appropriate clearances from the State DLNR-HPD and County Planning Department will be secured before work resumes. If needed, an archaeological monitoring program can be instituted during any land clearing activity. . The proposed action will eventually involve the construction of improvements (particularly dwelling units) in an agriculture setting. Accordingly, there is a potential visual impact to the area's scenic and open space resources. However, the project would involve the construction of, at most, a single-family dwelling on each of the proposed lots. Further, as the area of the site has a natural topography declining form mauka to makai, any structures on the site should not visually affect any scenic views of the adjacent properties or Kihalani Homestead Road. Relative to the Coastal Ecosystems, impacts should be negligible, if at all, as the site is located 0.75 miles from the ocean with a 830+/- foot elevation. Notwithstanding the distance, the nature of the project — family agricultural — and the construction of only two (2) private wastewater systems are such that any potential coastal ecosystem impacts should not be found. The proposed action will result in creating the potential for small-scale agricultural lots in this area. This should thus provide additional opportunities for small-scale farming. In so doing, the project could aid the agricultural economy and the overall economic use of this site and the area in general. Because of its distance from the shoreline, the site should not be subject to coastal hazards. Relative to the managing development objective, this function is more applicable to the "authority" or approving agencies. However, it is noted that the request would 5 J operate and be constructed within the scope of the Zoning Code. The subject site would be zoned A-5a, and the requested use and design/parameters (parking, height, setback, etc.) would be consistent with said zoning. In that regard, the project would be consistent with this policy. Finally, in terms of the public participation objective, this is generally a public agency function. This is achieved through the Marine and Coastal Zone Management Advisory Group (MACZMAG) and the public hearing process required pursuant to the Planning Commission's Rules and County Council's meetings on this application. Notices of this application will become available through the posting of a sign on the property, as well as sending two (2) notices to surrounding property owners, one at the time the application is filed and again, prior to the public hearing. Based on the foregoing, it is concluded that the requested improvements would be consistent with the objectives, policies and guidelines of the Coastal Zone Management Policies, as outlined in Chapter 205-A-23, HRS and Planning Commission Rule No. 9 relating to Special Management Area. F. Other Permitting Requirements As noted earlier, other permits would still be required. These would be of the "ministerial" variety, such as Subdivision Approval, Building Permits, etc. V. ENVIRONMENTAL CONSIDERATIONS A. General Description The parcel is generally rectangle in shape, with the northern property boundary running along a plantation ditch. The subject site is accessed via Kihalani Homestead Road, which is a County owned and maintained paved access road. The site has one single-family dwelling under construction that is occupied by the applicants and family on the west end of the parcel. Other than the single-family dwelling the site is vacant of any other permanent structures. The site is situated at the 830-foot +/- elevation level. The site is fairly level form the east/west directions and has a gradual decline from the south to the west, with the highest point being at the southern end of the property. In spite of the gradual rise, there does not appear to be 6 any topographic constraint in developing and utilizing the site for two (2) 5-acre + sized lots. There are homes on land ranging from 2 acres to 10+ acres proximate to and within the subdivision leading to the subject site. The general area looks to be more rural residential. According to the State Commission on Water Resource Management, the closest rain gauge in this area is the Hilo Airport. The annual median rainfall for this area is approximately 131 inches. The average daily temperature ranges from a minimum of 61 degrees to 79 degrees Fahrenheit. Wind patterns are generally easterly during the day and westerly during the evenings. B. Soils and Topography According to the Natural Resource Conservation Service's Land Study Bureau,Overall Master Productivity Rating, the site appears to have a designation of "C" or "fair." The soil for the subject site is of the Ookala medial silty clay loam, with 10 to 20 percent slopes. It is well drained with a runoff class of medium and the erosion hazard is slight. According to the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system, it appears that approximately 95% of the site is classified as "1" (Prime Lands) with a'small portion on the very east end of the subject property as "unclassified." As noted earlier, the topography of the site slopes in a south to north direction, with the lower portion being at the south end. The slope appears to be between 10 to 15 percent. C. Natural Hazards 1. Drainage The Federal Emergency Management Agency (FEMA) Flood Insurance Rate map (FIRM) identifies the majority of the project area as Zone "X" (areas outside of the 500-year flood). There are no existing drainage ways on the site. The applicant has not observed any significant runoff or erosion in the recent past on the subject site. Pursuant to County 7 drainage requirements, appropriate drywell and/or similar means to capture runoff from any improvements will be built, if necessary, in conjunction with the appropriate permitting process. 2. Volcanic, Earthquake and Tsunami Hazards According to the United States Geological Survey maps, the project site is located within Lava Flow Hazard Zone 8, on a scale of ascending risks 9 to 1. The majority of the Hamakua area falls in the Zone 8 category. The Building Code designates the entire island of Hawai'i Earthquake Zone "D" and contains certain structural requirements to address the relative seismic hazard. All structures would have to comply with this standard. 3. Tsunami Hazard As the site is located 0.75 miles from the ocean and sits at the 830 foot +/- elevation, it is located outside of the Civil Defense's Tsunami Evacuation Zone. D. Flora/Fauna Although there were no professional surveys conducted of the floral or fauna resources of the site, the applicant does not believe that rare or endangered floral or fauna resources are likely to be found within the subject site. The site was cleared and used for cane sugarproduction for many years in the past, and currently the site's vegetation is mostly dominated by guinea grass typically called "cane grass." Thus, floral impacts should be minimal. The site is not known to be a habitat for any rare or endangered animal life. Given its elevation, however, it would be possible to find the Hawaiian Hawk (/'o) and the Hawaiian Owl (Pueo). That being said, the rural nature of the surrounding areas would make it less likely to find other protected or endangered animal life in this area. E. Historic/Cultural/Archaeological Resources As the site was formerly bulldozed and cleared, no commissioned archaeological survey of the site was made. However, if needed, an 8 archaeological monitoring plan can be prepared and implemented in conjunction with further land clearing activity. r re in the event anyinadvertent discoveries are made during mo any land disturbance activity.relating to this project, work will cease and the applicants will immediately notify the Planning Department and the State DLNR and secure their clearances before proceeding further. Lastly, a letter was mailed on January 14, 2018 to the State Historic Preservation Division requesting a "no effect' determination (copy of letter submitted with application). G. Valued Cultural Resources In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai 0 Ka'Aina decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed. Specifically, there must be a discussion on the cultural, historical and natural resources, as well as the associated tradition and customary practices of this site. In this situation, the subject site is not and/or proximate to the J adjacent shoreline. As such, gathering of marine life and coastal access is not an issue. It is not known whether the subject or immediate surrounding area was used in the recent past for the gathering of plants by Native Hawaiians. The applicants have not observed any Native Hawaiians gathering plants on the site or the adjoining properties. Thus, it would appear unlikely that the site would serve such purpose today. In the event that legitimate gathering claims are made by Native Hawaiians, the applicants intend to respect and honor such claims and provide the legal and needed access within the site. Based on the above, it does not appear that the project would have any potential adverse impact relative to the cultural and historical resources of the area. H. Water and Coastal Resources The subject site is located approximately 0.75 miles from the coastline at a 830 foot +/- elevation. As such, coastal impacts resulting from discharge of wastewater systems from the site should not be 9 significant. Further, being a non-coastal property, no coastal access will be affected. Septic tanks or their equivalent, meeting with the approval of the State Department of Health, will be installed in conjunction with the construction of any dwelling on the site. I. Noise, Air Quality, and Dust Kihalani Homestead Road will serve as the main access to all of the proposed lots. The existing ambient traffic level in this area is quite low. As such, the corresponding noise level should be equally low. With the completion of this project, the noise level is not anticipated to increase significantly. There may, however, be short-term noise impacts associated with the construction of any required infrastructure or dwelling on the proposed lot. In that event, contractors will be required to comply with appropriate noise and related mitigation measures of the State Department of Health. The proposed development should not generate any direct air quality impacts. The only discernible air quality impact could be associated with the vehicular traffic to and from the site. While there will be an impact to the ambient air quality, the impact should not be significant, as the project will increase the density by only one (1) additional unit. Further, with higher EPA standards for automobile air emissions, the air quality impact should therefore not be significant. As such, with the exception of potential construction dust associated with any future dwelling, the short and long term dust generated by the project should be minimal. Construction dust, however, like construction noise will have to comply with the State Department of Health's regulations. J. Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there are sites or areas listed as being a scenic resource. The subject site is not listed as a scenic site, nor will the proposed rezoning and subdivision action affect any of the scenic resources outlined in the General Plan. 10 VI. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses The land use in this area is generally rural in nature with single-family dwellings and small-scale farms. There are parcels ranging in size form 2-acres to 10-acres + along Kihalani Homestead Road. Traveling on Kihalani Homestead Road from Hawaii Belt Road in a mauka direction towards the subject site, you can see many of the lots are approximately 2 acres in size. The closest 2-acre parcel is approximately 550-feet northwest of the subject site. Also, the adjacent parcel to the north of the subject site is 5.971-acres in size and the parcel directly to the west is 0.979-acres in size. Given the existing and zoned conditions, the proposed rezoning and the two (2) 5-acre + lot subdivision would not be incongruous with the existing rural nature of this area. B. Economic Impacts The requested zoning would have some measure of limited economic impact, as it would make one (1) additional fee simple lot with some measure of agricultural potential more readily available. Although the project is intended to address the applicants' family, it would still enable the ultimate user the opportunity to engage in some sort of agricultural activity. Also, there will be some small short-term construction activity that could help with the area's economy. C. Agricultural Impacts As noted earlier, the site has been and continues to be used for some limited measure of agricultural activity. The applicants have planted various fruit trees and conduct some small scape pasture grazing. With the continued trend of small-scale framing and less large-scale agriculture production, the proposed request does not have a significant negative impact to the agriculture element of the property, due to the lot sizes being a minimum of five (5) acres in size. Thus, the creation of one (1) additional lot should not diminish the site's agricultural potential nor have an impact on any active farms in the general area. 11 VII. INFRASTRUCTURAL CONSIDERATIONS A. Road Access to the project would be from Kihalani Homestead Road, which is approximately 0.90-miles from its intersection with Hawaii Belt Road. Kihalani Homestead Road is a County owned and maintained roadway with a right-of-way of 40-feet. The pavement width varies from 16-feet to 22-feet. Both lots will have direct access from Kihalani Homestead Road. B. Water There is a County water line fronting Kihalani Homestead Road. The Department of Water Supply has confirmed the subject property currently has two existing water meters. This will allow one water meter to serve each parcel of land proposed in this request. C. Wastewater There is no County wastewater system in this area. As noted earlier, a septic tank system meeting the approval of the Department of Health would be allowed in this area. This will be done by the respective landowner in conjunction with the construction of a dwelling. D. Solid Waste Solid waste will be handled through commercial haulers or the individual homeowners into authorized landfill sites or transfer stations. With the requested A-5a zoning, the potential for uses with toxic or related chemical waste would be minimal, if at all. Further, most if not all agricultural waste will be retained and utilized on the property. E. Other Government Services The Laupahoehoe area has some basic services needed for a rural area. Based on the creation and impact of,one (1) additional lot no extension of government services would be required. There is a Fire Station, Police Station, Public School, Library and a gas station all located within 2 miles of the subject site. In addition there are recreation facilities in the general are as well. • 17 As such, the project should not result in the extension of any government services. Further, the required public facilities are located reasonably proximate to the subject site. F. Other Utilities All other utilities such as telephone and electrical services are available to the site. VIII. IMPACT SIGNIFICANCE ANALYSIS A. Relationship Between Local Short-Term Uses of Environment and Maintenance and Enhancement of Long-Term Productivity If the request were denied, the short-term use of the area of the proposed rezoning would probably continue in less than intensive level of agriculture in the form of small-scale orchard and cattle grazing. The applicants would not have an opportunity to create an additional agriculture sized lot with a good measure of agricultural potential for their family. From a long-term productivity standpoint, then, the proposed additional one (1) lot could provide a heightened level of possibility in having the land used for more intensive, although on a smaller scale, agricultural activity while providing residential opportunity for family members. B. Irreversible and Irretrievable Commitment of Resources As the site has been relatively disturbed in the past, it is not likely that its development would result in an irreversible commitment of natural or archaeological resources. The soil on the parcel has a classification of"C" or fair by the Land Study Bureau. Yet, there is always a potential for possible agricultural activity on the site. It is reasoned that the creation of the 2-lot subdivision should help foster and not remove this land from its agricultural potential. Further, it is not likely that the site has any significant archaeological features, which is evidenced by the prior grading of the site. Again, if needed, a monitoring program can be conducted during any land disturbance activity. 13 C. Mitigative Measures The applicant intends to make improvements, if required, generally consistent with the subdivision process. Also, if there is any construction activity, contractors will be obligated to comply with appropriate State noise and air quality standards. Should unanticipated archaeological finds be discovered in conjunction with any further development of the site, work will stop (as is required by the State and County) and clearance will be secured before work is resumed. There is no existing drainage way-on the property. Any and all required grading or grubbing work would be done in conjunction with the required permits and/or a SCS Agricultural Plan. This is to assure that the development of this site does not adversely affect the drainage of surrounding properties. Finally, there will be no person or businesses to be dislocated by this project. D. Alternatives to the Proposed Project 1. No Project Under the status quo alternative, the site could continue in its limited cattle grazing and residential status. The applicants would also not be able to reasonably facilitate their estate planning. 2. Alternative Density Under this alternative, the applicant could seek a more intensive zoning, such as A-3a or possible FA-la zoning, given the LUPAG Important Agriculture Land Use classification of the site and the proximate 1 and 2 acre parcels in this area. These zoning categories would arguably be consistent with some of the surrounding zonings. Such an approach, however, may not be compatible with the policy of trying to foster more family-oriented type of agricultural activities, while being generally compatible with the surrounding agriculture uses. 14 3. Evaluation of Alternatives ,The project's impacts to the area's social and physical infrastructure would not be pronounced. Certain mitigative measures could be taken to address any possible impacts associated by the development of this project. Further, the project would be consistent with the land use objectives sought to be accomplished by the County General Plan LUPAG map. In view of the aforementioned, it would appear that none of the alternatives would be more prudent and beneficial than the requested A-5a alternative. IX. REGULATORY ANALYSIS A. General Plan (LUPAG Maw The General Plan provides for the long-range comprehensive development of the island of Hawai'i. It provides direction for balanced growth in the County. The LUPAG map designates the site Important Agriculture Land. This designation allows the requested A- 5a zoning without a General Plan amendment. B. General Plan Polices The requested zoning would be consistent with the goals, policies, and standards of the General Plan document. For one, it may provide limited short-term economic opportunities largely through the construction of any improvements required for the subdivision. More importantly, however, longer-term opportunities would be created largely in the form of small-scale family-agricultural farms. In so doing, the resultant project should add revenues to the County and State coffers. The project intends to be energy conscious through the use and/or encouragement of solar energy and design features to take advantage of the sun and wind patterns. Maintaining and improving the quality of the environment is important to the success of this project. The General Plan identifies five (5) areas of environmental concerns - air pollution, water quality, soil pollution, solid waste disposal, and noise pollution. As proposed, the project would not violate any of those objectives. 15 it � I Aside from the very limited vehicular transmission, air pollution associated with the project should be negligible. All wastewater systems would be consistent with the requirements of the State Department of Health. This should be sufficient to address any potential groundwater or coastal water impacts. If required, while not necessary for a project of this nature and size, a solid waste management plan could be prepared and implemented. The project will also be minimal in noise, except what may be associated with the limited cattle grazing or farming operations. Any noise-generating facility, such as air conditioners, would be carefully placed to minimize their noise impacts to adjoining properties. Further, it is unlikely that this site would be used as a processing plant, as it would be more economical to send products elsewhere. The project area is outside of any flood way. Nonetheless, if required, a drainage system will be designed and constructed (especially in conjunction with the subdivision approval process) in a manner to protect the property as well as to minimize the volume of surface runoff generated by this development. The site does not appear to have historic sites due in large measure to the prior grading activity on the site. Nonetheless, work will cease if unanticipated archaeological remains are discovered during the development of this project. Work will resume only after proper clearances from the State and/or County have been received. While there have been sightings of the Hawaiian crow (Alala) or the owl (Pueo), this area is not their primary habitat. As such, the subject project should not have any significant impacts on rare or endangered plant or animal life in this area. As the A-5a zoning would allow a dwelling, the project will indirectly fulfill the obJectives of the housing element by creating one (1) more lot. The Plan also emphasizes that developments be mindful of an area's natural beauty. In this situation, the project —with the protective conditions —will be used in a manner where it blends with the existing terrain. As the project site is 0.75 miles from the ocean and has an elevation of 830+/- feet, the usual coastal resources concern is not pronounced. There will be no interference with shoreline access. Then, also, through the use of a septic system or other acceptable 16 form of wastewater system, impacts to the coastal water will be minimized. There will be marginal impact to public facilities. The wastewater ,.system will be private, and the county water line exists to the site. Vehicular access to the site is already fully improved to County dedicable standards and the site is accessible by emergency vehicles. Schools and other public facilities are also located proximate to the site, most of them being less than 2 miles away. Finally, in terms of the Land Use and Agricultural elements, the pertinent goals, policies, and standards of the General Plan note the following: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County • Protect and encourage the intensive utilization of the County's limited prime agricultural land • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need • The compatibility of agricultural and non-agricultural uses should be carefully reviewed and where appropriate, buffers required • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations • Agricultural land shall be used as one form of open space or green belt In view of the foregoing goals and policies, it is noted that the requested zoning would be consistent with the important agriculture land designation of the LUPAG map. It would also be generally 17 compatible with the surrounding area. There are many 2 to 5-acre lots adjacent to and makai of the subject site. The soil of the site is classified "C" or fair by the Land Study Bureau. As such, while the resource is not high, there still is some agricultural potential. This request, however, should actually encourage more intensive agricultural activities on the site. The lot size would be conducive to the applicant's needs for a residence and family type of farm for its family members. The property has no severe topographic or geologic problems that would render the land unusable for the proposed subdivision and activity. C. Hamakua Community Development Plan As noted earlier, the ltamakua Community Development Plan (HCDP) • attempts to further define the General Plan and serves as a guide for decision-makers. At the time of filling this application the Hawaii County Council has yet to adopt the HCDP as ordinance. However base on the available draft of the HDCP the proposed change of zone request is conducive to the goals and policies outlined in the draft HCDP. • 3.1.2 General Plan Settlement Framework The General Plan articulates the overall County's preferred settlement pattern in section 14.1: The future improvement and development objectives are directed toward making urban and rural centers more efficient, livable, and safe. Growth should be encouraged in terms of renewing older areas or extending existing areas. The creation of new urban and rural centers should be initiated only when it is in the public interest and must be accompanied by commitments from both government and the private sector for the development of basic community and public facilities and services. Infrastructure costs less when new residential areas are located near existing highways, water and sewer lines, and employment centers. Policy 4 In order to preserve larger lot agricultural lands for productive agricultural use, allow rural development on lands near urban areas where an intermediate land use between residential and productive agricultural areas is consistent with the surrounding uses and rural 18 character. This is reflected in the location of"Rural" (R) areas on the official Land Use Policy Map, which is intended to facilitate changes of zone to "Residential and Agricultural District" (RA) or the "Family Agricultural District" (FA). The maximum density for the Rural designation in the Planning Area shall be 1 unit per 1 acre. Policy 5 In the official Land Use Policy Map, the urban growth boundary between developed areas (designated "Low/Medium Density Urban') and lands designated as agricultural or rural (designated "Important Agriculture Land" or "Agriculture"or "Rural') is intended to be parcel- specific in the Hamakua CDP planning area. Areas that are clearly beyond the designated urban growth boundaries shall be preserved as rural or agricultural lands to maintain open space, scenic view planes, and natural beauty areas. 6.2 Strengthening Local Agriculture This section of the CDP guides efforts to strengthen the local agriculture value chain, including agricultural land acquisition, agricultural parks and water systems, the diversification of agriculture- based businesses on agricultural land, and agricultural tourism. 6.2.1 Community Objective Community Objective 11: Enhance and promote local and sustainable agriculture, farming, ranching, renewable energy, and related economic support systems. Further, the proposed request is consistent with the HCDP's Preferred Land Use Settlement Map identified this area as important agriculture lands, which is consistent with the County General Plan LUPAG map. The LUPAG map designates the subject site as "important agriculture land". The County Charter requires all change of zones to be consistent with the designation in.the General Plan. In this case, the GP LUPAG map and the HCDP concept map designation is Important Agriculture Land, and thus, the requested A-5a zoning would be consistent. D. Zoning and Subdivision The designated zoning of the site is A-20a. Should the A-5a zoning be approved, the requirements of the zoning and subdivision codes would generally be complied, including use and related development 19 IT standards. These include the possible incorporation of appropriate restrictive covenants relating to density, use, and design restrictions. E. State Land Use Agricultural Standards As the requested lots will be more than 5-acres, the request would not in principle violate the minimum lot size standards of the State Land Use law. All of the applicable use guidelines of said law would be adhered to. • l 20 ,ZY OF iqg`�.y,• COUNTY •• F' HAWAPI ; • STATE OF HAWAPI I 8 •4�V�Pi'.�1�_ �P�Pg•Oz•id 8� RESOLUTION NO. 291, A RESOLUTION TO POSTPONE COUNCIL ACTION ON REZONING APPLICATIONS IN TF1E HAMAKUA DISTRICT, WAIPI`O THROUGH KAIWIKI, UNTIL THE HA11AKUA COMMUNITY DEVELOPMENT PLAN IS ADOPTED BY ORDINANCE, OR DECEMBER 31,2018,WHICHEVER SHALL OCCUR FIRST. WHEREAS,the Hawai`i State Constitution, Article IX, Section 6,Management of State Population Growth, states: "The State and its political subdivisions, as provided by general law, shall plan and manage the growth of the population to protect and preserve the public health and welfare; except that each political subdivision, as provided by general law,may plan and manage the growth of its population in a more restrictive manner than the State."; and • WHEREAS, the Hawai`i County Charter (2016 Edition), Section 3\45,from which the General Plan emerged as a major policy document, states, in part: "The county council shall adopt by ordinance a general plan which shall set forth the council's long range policy for the comprehensive physical, economic, environmental, and sociocultural wellbeing of the county. (a)The general plan shall contain a statement of development objectives, standards and principles with respect to the most desirable use of land within the county for residential,recreational, agricultural, commercial,industrial and other purposes...and such other matter as may,in the council's judgment,promote the general welfare, health, and prosperity of its people.... • (c) No public improvement or project, or subdivision or zoning ordinance, shall be initiated or adopted unless the same conforms to and implements the general plan...."; and 'WHEREAS,the County of Hawaii General Plan(2005, as amended), Section 15.1, Community Development Plans, states, in part: • "The Community Development Plans are intended to be the forum for community input into managing growth and coordinating the delivery of government services to the community. The Community Development Plans will translate the broad General Plan statements to specific actions as they apply,, to specific geographical areas...."; and • Planning '*ePt. • WHEREAS,,the district of Hamakiva was determined by the County to be suitable and in need of a Community Development Plan in order to ensure responsible growth and to preserve the public health and welfare; and WHEREAS, in compliance with the County of Hawai`i General Plan(2005, as amended), a Hamakua Community Development Plan Steering Committee was appointed by the Mayor and confirmed by the County Council on May 18, 2010; and WHEREAS,the Community Development Plan process has created an effective outreach program to define community vision via public input through facilitated community meetings and public workshops; and WHEREAS,the Mayor, the Planning Department,the County Council, and the Hamakua community have demonstrated a strong commitment to the Community Development Plan process as a guiding principle for well-planned and responsible future growth for the Hamakua district; and WHEREAS,the Council adopted Resolution No. 592-16 on September 7, 2016; and WHEREAS, the purpose of Resolution No. 592-16 was to provide notification to the administration of the County of Hawai`i and the general public that the Council would not take action on any rezoning applications for those geographical areas covered by the Hamakua Community Development Plan until the plan is adopted by ordinance,.-or June 30, 2017, whichever shall occur first; and WHEREAS,the Hamakua Community Development Plan is yet to be adopted by ordinance and the Council seeks to extend the initial timeframe provided in Resolution No. 592- 16 to allow for the adoption of this critical planning document; now, therefore, :. 2 BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that Council action on rezoning applications in the Hama-Iola district, Waipi'o through Kaiwiki(as shown in Exhibit A),be postponed until the Hamakua Community Development Plan is adopted by ordinance, or until December 31, 2018, whichever shall occur first. • BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this resolution to the Honorable Mayor Harry Kim, the Director of the Department of Planning, the Director of the Department of Public Works, the Director of the Department of Finance, the Windward Planning Commission, and the Hamakua Community Development Plan Steering Committee. • Dated at_ Hilo ,Hawai`i,this 4th day of October , 2017 . INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawai`i AYES NOES ABS EX Hilo, Hawai`i [CHUNG X DAVID X I hereby certify that the foregoing RESOLUTION was by EOFF X the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawai`i on October 4__i 2017KANUTIAX LEE LOY X O'HARA X ATTEST: • POINDEXTER X RICHARD S X RUGGLES X 9 0 0 0 Reference: C=442/PC-30 COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO._ 291 11 3 • I - • Kauai LEGEND Oahu (;t)i-v 111111 N,fhau I ,.• • i A'‘1,a ' , MOIDka 5:,..111-,,-11 P,ourfflary Lana I Mau+ ••,.. Kaho*olavie , 1 i' •`,..-<,..) . e ; ,...\I„g Haviai I • - ' 4 41,11C, 1 ) N , ..,„...lir 0 Ok 31; „,i,11.., i . ''' / N*.‘"1--..e.„,”f-'a ii a a'C....•.! J r / ... .1. i ,,,,,,,,,,I- -..;•,'.i,,,,, i 1 , i i 17 .....-k—t. Pepe ekeo .N., i r .,,". . , ik,: _,...-_PJuka a 1 ; ;' / • 1 k..11,---V/afnaku Nt'"__.„---Karmk, / ......rr .0 I/ 1 / At' , ,., , 41'''' • ‘,......,„ . 4t ...„..,„,,................3 /U 2.5 5 101 „ . 'V\ . e 1 listfitol (MILES) i P.74 e. .. geir'1111111111000" 3,I,,,,,•-*___ ....'-'N.N.s. ", .,. , -- --A-,_29,frearn ---1'-`"--• ' - --:>. -,.-_____,..-----_ ....--, . . ,. . 41.c?,/ - ., - - ---- ..., ',Natrak.Li . Ka:-7i,,k rr ,- • . IV,z7,„.;„41" ., Qt River ,- • ,,,, / r< EXHIBIT A DEPARTMENT OF PUBLIC WORKS . COUNTY OF HAWAII H I LO, HAWAII DATE: May 25, 2018 • Weetiteldadafit U ate _ TO: Michael Yee, Planning Director C. FROM: ij,&Department of Public Works, Engineering Division > ` , �+ -z c� _a SUBJECT: CHANGE OF ZONE APPLICATION (REZ 18-000227) Request: A-20a to A-5a Applicant: Charles and Kitura Andrus TMK: 3-5-004:023 We have reviewed the subject request forwarded by your memo dated April 25, 2018 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. The drainage study and improvements must be completed prior to the - construction of any proposed structures. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500-year floodplain. Questions may be referred to Robyn Matsumoto at 961-8924. SCANNED• MAY 2 5 2C'3 B Planning Dept. Exhibit. 3 County of Hawaii is an Equal Opportunity Provider and Employer .•,_. Q j19irs.49g;='- DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII 0 345 KEKUANAO`A STREET, SUITE 20 • HILO, HAWAII 96720 TELEPHONE (808) 961-8050 • FAX (808) 961-8657 May 25,2018 -r c-a r c n -3 - -mac TO: Mr.Michael Yee,Director _- _ ry Planning Department - 10 FROM: Keith K. Okamoto,Manager-Chief Engineer SUBJECT: Change of Zone Application (REZ 18-000227) r _' Applicant—Charles and Kitura Andrus FT' cr CO Request—A-20a to A-5a Tax Map Key 3-5-004:023 We have reviewed the subject application and have the following comments and conditions. The Department has no objections to the proposed Change of Zone as there are two (2) existing meters (Account Nos. 590-20860 and 590-20880)assigned to the subject parcel. The Department requests that the applicant designate; in writing, which lot within the proposed subdivision will be assigned the existing service,prior to recommending final subdivision approval. Should the existing meter or service lateral not front the parcel that it will serve,the existing meter or service lateral would need to be relocated to comply with the Department's Rules and Regulations. The Department requests that the plat map be revised to show the existing meter locations with the meter numbers. Please be informed that a portion of the property is situated at an elevation where water cannot be delivered at adequate volume and pressure, under peak-flow and fire-flow conditions, from the Department's existing water system facilities. Water System Standards for subdivisions allow only one(1) lot to be out of the pressure zone. To effectively comply with this requirement,the Department requests that the current lot configuration be revised Should there be any questions, please contact Mr.Troy Samura of our Water Resources and Planning Branch at 961- 8070, extension 255. Sincerely yours, Keith K. Okamoto, P.E. Manager-Chief Engineer TS:dfg copy— Mr. Charles and Ms.Kitura Andrus ! 17-16—N;ELI,.D. B 1t_8 '1: ' Nanning Dept. . . . Water, Our Most PPrecious Resource. . . 7(a Wai A Vine . . . �'�� The Department of Water Supply is an Equal Opportunity provider and employer. . 1. e OF \I Harry Kim =��:'Nc i. Ill, Darren J. Rosario Mayor ' `- '1h �, Fire Chief Renwick J. Victorino Deputy Fire Chief ll 4rE O'•HPYI County of 3i9aturtil -4J , HAWAII FIRE DEPARTMENT 25 Aupuni Street•Suite 2501•Hilo,Hawaii 96720 :-7 (808)932-2900•Fax(808)932-2928 May 22, 2018 c, TO: MICHAEL YEE,PLANNING DIRECTOR -.7 FROM: DARREN J.ROSARIO,FIRE CHIEF SUBJECT: Change of Zone Application (REZ 18-000227) Applicant: Charles and Kitura Andrus Request: A-20a to A-5a Tax Map Key:3-5-004:023 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. SCANNED MAY 23 20;3 Planning Dept: 1444 Exhibit. Hawai'i County is an Equal Opportunity Provider and Employer. Michael Yee May 22, 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 May 22, 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. C�18.2.3.4.1.1 FDAR shall have an unobstructed width of not less than 20ft with an approved turn around area if the FDAR exceeds 150 feet. Exception: FDAR for one and two family dwellings shall have an unobstructed width of not less than 15 feet, with an area of not less than 20 feet wide within 150 feet of the structure being protected. An approved turn around area shall be provided if the FDAR exceeds 250 feet. C� 18.2.3.4.1.2 FDAR shall have an unobstructed vertical clearance of not less then 13ft 6 in. C�18.2.3.4.1.2.1 Vertical clearances may be increased or reduced by the AHJ,provided such increase or reduction does not impair access by the fire apparatus, and approved signs are installed and maintained indicating such approved changes. Michael Yee May 22, 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 May 22, 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 May 22, 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. Michael Yee May 22, 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. I 6 Michael Yee May 22, 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. • v 1 9 Michael Yee May 22, 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 DAVID Y.IGE VIRGINIA PRESSLER,M.D. ...........�4 GOVERNOR OF HAWAII P;x e se 9� DIRECTOR OF HEALTH Al STATE OF HAWAII DEPARTMENT OF HEALTH P.O.BOX 916 HILO, HAWAII 96721-0916 -Cr\) MEMORANDUM DATE: May 16, 2018 —"? C cq TO: Mr. Michael Yee Planning Director, County of Hawaii FROM: Eric Honda District Envir ental Health Program Chief SUBJECT: Change of Zone Applicatin (REZ-18-000227) Applicant: Charles and Kitura Andrus Request: A-20a to A-5a TMK: 3-5-004:023 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. Public Water Systems: The Department of Health's Safe Drinking Water Branch authority on drinking water quality is based on the definition of a"public water system." Federal and state regulations define a public water system as a system that serves 25 or more individuals at least 60 days per year or has at least 15 service connections. All public water system owners and operators are required to comply with Hawaii Administrative Rules, Chapter 11-20 (HAR 11- 20), and titled "Rules Relating to Public Water Systems". All public water systems are regulated by the Department of Health and shall be in compliance with the Hawaii Administrative Rules, Title 11, Chapter 20. Recommend the subdivision lots be connected to an existing public water system. Concerns on water quality for lead, copper, algae and microbiological and chemical contaminations in private water systems have identified the need for self monitoring. The Department of Health does not support the use of these private rain catchment systems for drinking purposes since the quality may not meet potable water standards. All new public water systems are required to demonstrate and meet minimum capacity requirements prior to their establishment, per HAR 11-20-29.5, titled"Capacity Demonst . _ and Evaluation." This requirement involves demonstration that the system will hav +s '.L > rl,,` technical, managerial and financial capacity to enable the system to comply with saf n water standards and requirements. MA Planning Dept, U8548 Exhibit �� �� ,, orAni V svp 5.V?) Michael Yeef ®\ , May 6of618 ���`1 2'� Page 2 `� -:rg;.a; • Projects that propose development of new sources of potable water serving or proposed to serve if,s31 a public water system must comply with the terms of HAR 11-20-29. This section requires that t" all new public water system sources be approved by the Director of Health (Director) prior to its use. Such approval is based primarily upon the submission of a satisfactory engineering report , / which addresses the requirements specified in HAR 11-20-29. r� The engineering report must identify all potential sources of contamination and evaluate alternative control measures which could be implemented to reduce or eliminate the potential for contamination, including treatment of the water source. In addition, water quality analyses for all regulated contaminants,performed by a laboratory certified by the State Laboratories Division of the State of Hawaii, must be submitted as part of the report to demonstrate compliance with all drinking water standards. Additional parameters may be required by the Director for this submittal or additional tests required upon his or her review of the information submitted. All sources of public water system sources must undergo a source water assessment which will delineate a source water protection area. This process is preliminary to the creation of a source water protection plan for that source and activities which will take place to protect the source of drinking water. Projects proposing to develop new public water systems or proposing substantial modifications to existing public water systems must receive construction plans approval by the Director prior to construction of the proposed system or modification in accordance with HAR 11-20-30, titled "New and Modified Public Water Systems". These projects include treatment, storage and distribution systems of public water systems. The approval authority for projects owned and operated by a County Board or Department of Water or Water Supply has been delegated to them. All public water systems must be operated by certified distribution system and water treatment plant operators as defined by HAR 11-25 titled, "Rules Pertaining to Certification of Public Water System Operators". All projects which propose the use of dual water systems or the use of a non-potable water system in proximity to an existing potable water system to meet irrigation or other needs must be carefully design and operate these systems to prevent the cross-connection of these systems and prevent the possibility of backflow of water from the non-potable system to the potable system. The two (2) systems must be clearly labeled and physically separated by air gaps or reduced pressure principle backflow prevention devices to avoid contaminating the potable water supply. In addition backflow devices must be tested periodically to assure their proper operation. Further, all non-potable spigots and irrigated areas should be clearly labeled with warning signs to prevent the inadvertent consumption on non-potable water. Compliance with HAR Chapter 11-21, titled Cross-Connection and Backflow Control is also required. All projects which propose the establishment of a potentially contaminating activity (as ' identified in the Hawai'i Source Water Assessment Plan) within the source water protection area of an existing source of water for a public water supply should address this potential and activities that will be implemented to prevent or reduce the potential for contamination of the drinking water source. " Michael Yee May 16, 2018 Page 3 of 6 For further information concerning the application of capacity, new source approval, operator certification, source water assessment, backflow/cross-connection prevention or other public water system programs, please contact the SDWB at 586-4258. The Department of Health (DOH), Clean Water Branch (CWB), acknowledges receipt of the subject document on April 26, 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). 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/. Michael Yee May 16, 2018 Page 4 of 6 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 submit the NPDES individual permit application. This application is available on the e-Permitting Portal website located at: https://eha-cloud.doh.hawaii.gov/epermit/. A Notice of Intent (NOI) for coverage under a specific NPDES general 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-Permitting 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 law, 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 Michael Yee May 16, 2018 Page 5 of 6 • 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. Construction activities must complywith 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. Michael Yee May 16, 2018 Page 6 of 6 We recommend that you review all of the Standard Comments on our website: http://hawaii.gov/healthlenvironmental/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. • SUZANNE D.CASE CIG\IRPERSON DAVID Y.ICE '�:.••-••••••..,9 yy�, BOARD OF LAND AND NATURAL RESOURCES GOVERNOR OF HAWAII %.C,•:L 59 5 9 c-,: �1 COhM\BSSION ON WATER RESOURCE MANAGESQNI y kA ROBERT K.MLASUDA jr FIRST DEPUTY J��ar arJ A I ) JEFFREY T.PETERSON , =�— '�• .i." . Jk � •" DEPUTY DIRECTOR-WATER BO\B3G OCEAN RIARC RON 67 1 , BUREAU OF CONVEYANCES ESION ON WATER OURCE A �LC'O\L\CONSERVATION AND COASTAL MANAGEMENT\aNT STATE OF HAWAII CONSERVATION AND RESOURCES ENFORCE\n NI FORESTRY AND WILDLIFE sia„ofMt DEPARTMENT OF LAND AND NATURAL RESOURCES I['STORK:PRESERVATION K\IIOOLAWE ISLAND RESERVE CONI\TLSSION LAND STATE HISTORIC PRESERVATION DIVISION STATE PARKS KAKUHIHEWA BUILDING 601 KAMOKILA BLVD,STE 555 KAPOLEI,HAWAII 96707 May 24,2018 IN REPLY REFER TO: Michael Yee,Planning Director Log No. 2018.01019 County of Hawaii Doc.No. 1805SN04 • 101 Pauahi Street, Suite 3 Archaeology Hilo,HI 96720 Attn.Melissa Dacayanan Dear Mr. Yee: SUBJECT: Chapter 6E-42 Historic Preservation Review- County of Hawaii Change of Zone Application for the Andrus Property Laupahoehoe Ahupua`a,North Hilo District,Island of Hawaii TMK: (3)3-5-004:023 This letter provides the State Historic Preservation Division's review of the subject application received by our office on April 27, 2018.The landowners,Mr. and Mrs. Charles and Kitura Andrus,propose to subdivide the 11.06- acre parcel into two (2) lots consisting of approximatively 5 acres each. The change of zoning will facilitate the subdivision of the parcel for estate planning purposes. Our records indicate that no archaeological inventory survey has been conducted of the project area. The parcel occurs within former plantation sugarcane cultivated land and recent satellite imagery confirms that the parcel has been previously impacted.It is unlikely that any significant historic properties are present. SHPD's determination is no historic properties affected for the subject project due to prior land use impacts. Therefore,the change of zone permit issuance process may continue. Attach to permit: In the unlikely 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 or concerns regarding this letter. Aloha, SIA-1 cl-A".\ ` Susan A.Lebo,PhD Archaeology Branch Chief cc. Melissa Dacanayan(Melissa.Dacanayan a,hawaiicounty.gov) Allan Simeon(public works@hawaiicounty.gov) hawaiicounty.gov) Zendo Kern(zendokern808(Rmail.com) Nanning Dept. Exhabi Marianne and Leonard Freeman %6Ig JUN119 R(r1 t; • Y.U. Box 449 - 8 L ,Laupahoehoc,Ill 96764-0449 1 1 •til .,ILIN COL.�i v Y` Ur HAWVAil June 18,2018 Mr.Michael Yee, Director • Planning Department COUNTY OF HAWAII 101 Pauahi Street • Hilo. H196720 Dear Mr. Yee. We write this letter to express our support for the change of lone application REZ'18- 000227 for Charles and Kitura Andrus.We live directly across from the Andrus's on Kihalani Homestead (toad and believe the requested change of zone to 5-acres will be cohesive with our community. Sincerely, • Marianne and Leonard Freeman • 119031 Planning Dept. Exhibi ° RAndrusREZ.doc 06/26/2018 COUNTY OF HAWAI'I PLANNING DEPARTMENT RECOMMENDATION REPORT CHARLES AND KITURA ANDRUS CHANGE OF ZONE APPLICATION (REZ 18-000227) 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 5-acres (A-5a) for approximately 11.06 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: I. The applicants are requesting a change of zone from Agricultural 20-acre (A-20a) to Agricultural 5-acre (A-5a) for approximately 11.06 acres identified as TMK(3) 3-5- 004:023, in order to create a two-lot subdivision. Upon subdivision, the applicant's would reside on one lot in a home that was constructed in 2018 and the remaining lot would be conveyed to the applicant's children. 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. 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. -1- The proposed Change of Zone from an Agricultural 20-acres (A-20a) to an Agricultural 5-acre (A-5a) zoned district will conform to the goals, policies and standards of the General Plan. • The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed request conforms to the LUPAG Map, which identifies the property as Important Agricultural Lands. These are lands with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors. The property also has deep soil and is classified as Prime Agricultural Land on the Agricultural Lands of Importance to the State of Hawai`i (ALISH)map. The property is also classified as "C" or"Fair" for agricultural soil productivity. The applicant currently grows fruit trees and pastures livestock on the property. The change of zone request will keep the property in the Agricultural zoning district and will allow for the creation of an additional lot through subdivision. Surrounding properties are similarly zoned A-20a and consist of lots ranging in size from 2 to 12 acres. Most of these lots are non-conforming in size because they were created prior to the establishment of zoning. These lots contain small farms with farm , dwellings. -2- The proposed rezoning is also consistent with the draft Hamakua Community Development Plan (CDP), which indicates the subject property is in an Agricultural area outside of the Urban Growth Boundary and outside designated Rural areas. Development and construction in the Agricultural designation shall be limited to agriculture, related economic infrastructure and cottage industries, renewable energy, open area recreational uses, and community facilities, unless otherwise permitted by law. Should the rezoning and subsequent subdivision be approved, the property will continue to be used for agriculture. As an alternative to applying for a change of zone with the current zoning, the owner could build a second dwelling related to active farming on a commercial scale (called an additional 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 applicant could potentially apply for an additional farm dwelling, allowing for the construction of a second dwelling unit (meeting the criteria for an additional farm dwelling) on each lot. The potential to allow additional dwellings may contribute to the cumulative burden on the existing infrastructure, particularly the substandard Kihalani Homestead Road. 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. A 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. All essential utilities and services are available to the property. Access to the subject property is from Kihalani Homestead Road, a County-owned and maintained roadway with a right-of-way width of 40 feet. Near the highway it is a two-lane road that drops down to a one-lane road with grass and dirt shoulders about half way between the highway and subject property. The pavement width varies from 11 to 22 feet, but is about 11 feet wide fronting the subject property. Access to the proposed rear lot from Kihalani Homestead Road will be via a 30-foot wide access pole located along the western property boundary. The Subdivision Code indicates agricultural roads should have a minimum pavement width of 20 feet. It is unreasonable to require the applicant to widen -3- the pavement of the entire length of the roadway and it is unlikely the County will ever widen the roadway. Although Kihalani Homestead Road is substandard and narrow, it is typical in character to other agricultural homestead roads along the Hamakua coast. The large grass shoulders provide ample space for vehicles to pull over in order to allow other vehicles to pass by and the addition of one new lot should not adversely affect traffic on the roadway. The minimum lot size for Agricultural zoningis 5 acres. The Planning Y � g Department would not encourage rezoning of nearby properties to a density below 5 acres because it would not establish a beneficial land use pattern due to the impact additional traffic from these new lots would have on the substandard roadway. However, in this case the surrounding properties are zoned A-20a and consist of non-conforming lots that were created prior to the zoning code, which range in size from 2 to 12 acres. County water is available to the property for the rezoning and subsequent subdivision. An individual wastewater system approved by the Department of Health will be installed to handle wastewater generated by any future residence. Solid waste will be disposed of at the nearby transfer station or Hilo landfill and agricultural waste will be utilized onsite. There are no significant topographical constraints and the property is not located in a flood zone. All development generated runoff will be disposed of onsite. All other essential utilities and services are available to the site. 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 coastal 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. The property is not located within the Special Management Area and is located about one mile from the nearest shoreline. There is no record of a designated public access to the shoreline or mountain areas traversing the property. Due to the property's distance from the shoreline, the property will not impact any recreational resources, scenic and open space or visual resources, coastal ecosystems and marine coastal resources. The property has been -4- and cultivated in sugarcane, therefore the likelihood of anyrare or previously clearedg endangered species, habitat or flora, or archaeological sites on the property is remote. The Department of Land and Natural Resources-State Historic Preservation Division has issued determination that they believe no historic properties will be affected by this rezoning and subdivision. 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 this change of zone request from an Agricultural 20-acre (A-20a) to Agricultural 5-acre (A-5a) zoning 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 25-8-19 (North Hilo District Zone Map) is provided for your favorable consideration. Please note the proposed conditions of approval are attached to the draft bill. -5- .OJ�ZYOFN, .. COUNTY OF HAWAII -� :'-=�'�/ } STATE OF HAWAII BILL NO. ORDINANCE NO. ( 1aivo D AN ORDINANCE AMENDING SECTION 25-8-19 (NORTH HILO DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—TWENTY ACRES (A-20a) TO AGRICULTURAL—FIVE ACRES (A-5a) AT PAPA'ALOA, NORTH HILO, HAWAII, COVERED BY TAX MAP KEY: 3-5-004:023. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-19, 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 Papa`aloa, Hawai`i, shall be Agricultural— 5 acres (A-5a): Beginning at a 1/2" pipe (found) at the westerly corner of this parcel of land, being also the north corner of Lot 26 at the east side of Kihalani Homestead Road, the coordinates of said Point of Beginning referred to Government Survey Triangulation Station "PAPA`ALOA" being 1,415.69 feet north and 1,614.22 feet west, as derived from the subdivision of Lot 28 approved October 11, 1948 by HCPTC as SUB #56 and running by azimuths measured clockwise from true South: 1. 214° 58' 00" 138.00 feet along Kihalani Homestead Road to a 1/2" pipe found, thence; 2. 199° 26' 00" 197.00 feet along Kihalani Homestead Road to a 1/2" pipe found, thence; -1- 3. 193° 51' 00" 16.00 feet Kihalani Homestead Road to a 1/2" pipe found, thence, along a Plantation Ditch Reserve the following 12 courses; 4. 258° 38' 00" 174.60 feet thence; 5. 297° 48' 00" 119.00 feet thence; 6. 283° 48' 00" 46.00 feet thence; 7. 310° 30' 00" 119.00 feet thence; 8. 2° 00' 00" 78.00 feet thence; 9. 349° Q2' 00" 79.00 feet thence; 10. 306° 16' 00" 93.00 feet thence; 11. 280° 11' 00" 70.00 thence; 12. 295° 57' 00" 66.00 thence; 13. 255° 04' 00" - 73.00 thence; 14. 297° 25' 00" 100.50 thence; 15. 327° 04' 00" 76.00 along same to a 1/2" pipe near top of Kihalani Gulch, thence; 16. 28° 18' 00" 420.00 along a 10 feet Reserve near top of Kihalani Gulch to a 1/2" pipe found, thence; 17. 357° 12' 00" 182.12 along a 10 feet Reserve near top of Kihalani Gulch to a 2" pipe found, thence; 18. 131° 15' 00" 1,046.00 feet along Lot 26, Grant 8570 to George K. Lonoehu, to the Point of Beginning, enclosing an area of 11.06 acres, more or less. -2- • All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 (2016 Edition, as amended), the County Council finds the following conditions are: - J (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 HAWAII , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -4- CAndrusREZ.doc 6/26/2018 CHARLES AND KITURA ANDRUS CHANGE OF ZONE APPLICATION (REZ 18-000227) 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. Restrictive covenants in the deeds of alLproposed 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. 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. D. 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. E. 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. F. 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 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. . r G. 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 in Hawai`i County Code Chapter 23 and 25 shall be granted to subdivide the property. H. The plat submitted for subdivision approval shall be revised so that the lot configuration meets the Department of Water Supply's Water System Standards for subdivisions, which allows for only one (1) lot to be out of the pressure zone. The plat shall also show the existing meter locations with the meter numbers. I. The applicant shall designate in writing to the Department of Water Supply which lot within the proposed subdivision will be assigned the existing service. Should the existing water meter or service lateral not front the parcel that it will serve, the existing meter or service lateral would need to be relocated to comply with the DWS Rules and Regulations. J. All development generated runoff shall be disposed of on site and not be directed toward any adjacent properties. A drainage study prepared by a civil engineer licensed in the State of Hawai`i shall be submitted to and approved by the Department of Public Works, and any recommended drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to the issuance of a construction permit. K. All earthwork and grading activity shall conform to the Hawai`i County Code Chapter 10, Erosion and Sedimentation Control, and Chapter 27, Flood Control. L. All driveway connections to Kihalani Homestead Road shall conform to Hawai`i County Code Chapter 22, County Streets. M. The method of sewage disposal shall meet with the requirements of the State Department of Health. N. 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 -2- Preservation Division (DLNR-SHPD) at (808) 933-7651 for further guidance. The applicant shall also notify the Planning Department immediately after 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. O. 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. P. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). 5. If the applicants should require an additional extension of time, the Planning Department shall submit the applicant's request to the County Council for appropriate action. -3- - r Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation. -4- ' r A-20n A-20a A-20a A-20a A-20a A-20a A-20a AGRICULTURAL-TWENTY ACRES\(A-20a)TO AGRICULTURAL-FIVE ACRES(A-5a) A-20a O 11.06±ACRES A-20a LUC r • • • A-10a AAVE A 20a PAPA'ALO A-20a A-10a A-20a 1• . r. A-20a 1,415.09'N : . ' A-20a 1,51+.22'W "PAPA'ALOA" -7177 0 A-20a A-20a A-20a A-20a A-20a A-20a A-20a Feet 0 500 1,000 1,500 2,000 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-19 (NORTH HILO DISTRICT 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 - FIVE ACRES (A-5a) AT PAPA`ALOA, NORTH HILO, HAWAII MAP PREPARED BY: TMK:(3)3-5-004:023 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:April 23,2018 EXHIBIT "A" Andrus Mao: 1398 <r� ate;"` ,...:S` � • Sk n ' k a s d r �x .4 4 414 liy. cry 4,aty - , ...... . , . .., -— - a . ,. . , , , , . . , r es and K • . , ! tura And rus oChan a ofZone Application0026;:::) 7 n . , • . . , . . f•I' ,111 . ./ ' 'OiCA-4 -- • _, —. „.• X' •- • r : • . . ... . . ..p.,ite.A.:.54,47.,,,,- ...• 6-,----) ...,,,,. i -..u.:,.,..p4v-f.,-• -P,-4.7: .' .. _.. • ,77.,-''' .. •__., ,___._ tk) . \ . . ,. -, ''' .4,?. .' •• v" , 7,..,' ss,, ,-. •-..., ..- - ., .,•-` ,!_t.!t, . . . \\ .. .°' „ . .,e7 . • i ti ."'...- • ---,,. -. . . •• 6 .1,—;'-•4,,,,, / / •.. • •- / • ,' . . _ 44)". 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Applicant's Reqt . est • Change of Zone from Agricultural-20 acres (A-20a) to Agricultural-5 acres (A-5a) in order to subdivide the 11 . 06-acre property into two lots. • Upon subdivision , the applicant's would reside on one lot in a home that was constructed in 2018 and the remaining lot would be conveyed to the applicant's children . , ' -';,„z.j... .,-,,,,,41 T4-.V,,,,,..--,'---4, A - .-„, .... .. .. .,: ,-„ , ,,,,,_ ___„. ., . , pp Applicant's Site Plan 6. 1/2" c^ L 0 42, �,„ '�+��Q %IP E SCALE IN FEEF .--- og 1 \\� FI�;S /,A r7 g> PIPE. CDC. / ^h l �/ S 36 N �k.flU �t', ----- - y �o1CiHALAk�! __— Fo/z" . 1�7.s2' rPcE1/2"Vg1 �� V. —" P w t, — IP' Q1tflI ---7� �._ -R30�09E '1"'� .TiiK(3) 3-5-" 1� RESIDENCE. Vi. �\ 1O I 004: 022 34' GARAGE, e � .) Ii 2 • aN� rte 1 # CR IV'`11'AY t 1 DITCH++ /4.I., /rI �"'- LOT 27—A R_s1= VE Its 5.019 AC± .C►'0 Fo20, ), \ PIKE _ 6544 r LOT 28 ��� O� 4, /''.4 POR. OF rGRANT 6239 ti 1 C�)d115' '8b.38' Q �" r Q.�fO A.I. 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' - � ru s • Planning Director's Recommendation Forwara a favorable recommendation to the County Council for Change of t' rte Application No. 18-000227 L 1 WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT JULY 5, 2018 A regularly advertised hearing on the application of CHARLES AND KITURA ANDRUS (REZ 18-000227) was called to order at 9:02 a.m. in the County of Hawai`i Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii with Chairman Joseph Clarkson presiding. COMMISSIONERS PRESENT: Gilbert Aguinaldo, Joseph Clarkson, Donn Dela Cruz, Donald Ikeda, Thomas Raffipiy, John Replogle. ALSO PRESENT. Michael Yee (Planning Director), Malia Ho Hall (Deputy Corporation Counsel for the Windward Planning Commission),Jeff Darrow (Planning Program Manager), Maija Jackson (Planner), Christian Kay(Planner), Shancy Watanabe (Planner), and Sarah Hata-Finley (Commission Secretary). And 11 members from the public in attendance. APPLICANTS: CHARLES AND KITURA ANDRUS (REZ 18-000227) Application for a Change of Zone from an.Agrieultural-20 acres (A-20a) to an Agricultural-5 acres (A-5a) zoning districtfor approximately 11.06 acres of land ;The subject property is located on the southeast side of Kihalani Homestead Road, about 0.90 miles from its intersection with Hawai`i Belt Road Highway 19), Kihalani Homesteads,North Hilo, Hawaii, TMK: (3) 3- 5-004:023. _ CLARKSON: And with that,we'll proceed to the first item on the agenda which is by Applicants Charles"arid Kitura Andrus, Rezone 18-000227, and Maija Jackson will make the presentation from Planning.staff.` JACKSON` Thank you, Mr Chair. Good morning, everybody. It's nice to see everybody here. So, our first application of the day is a Change of Zone request by Charles and Kitura Andrus. The subject property.is located in the North Hilo District near the town of Laupahoehoe. You can see Laupahoehoe Point here on the top area of the slide and then the subject property is outlined in red. Hawai`i'Belt Road is located along the coast here and then the road that accesses the property is called Kihalani Homestead Road. The Applicants are requesting a Change of Zone from Agricultural—20 acres to Agricultural— 5 acres in order to subdivide the 11-acre property into two lots. Upon subdivision, the Applicants. would reside on one lot in a home that was constructed in 2018, and the remaining lot would be conveyed to the Applicants' children. This is the Applicants proposed subdivision map. You have Kihalani Homestead Road on the top of the slide. The two properties would be located here. This is the house that was recently constructed and then, let's see here, the lot line dividing the two lots would be located here. 1 . r Access to the rear lot would be via a 30-foot ride access pole from Kihalani Homestead Road to this Lot 27B. The County zoning for the property is currently Agricultural—20 acres. You can see that in the dark green color. Most all of the properties along Kihalani Homestead Road and the mauka areas are zoned Ag-20 acre, and then closer towards the highway, you have a mix of Agricultural —5 acre lots, Single Family Residential— 15,000 square feet zoning, and then Residential- Agricultural— 1 acre zoning. The General Plan designation for the property is Important Agricultural Land which is shown in the light green color, but you'll see also that it's fairly close to a Low Density Urban area which is shown in the mustard color. Low Density Urban allows for higher density residential than Important Ag Land. It's usually more urban in nature, though That's usually where you see your Single Family Residential lots rather than Agricultural lots And, the State Land Use District for the property is Agricultural, again, shown in the light green, and then you can see the urban areas of Laupahoehoe and Papa`aloa in this-'area here in the pink. This is an aerial view of the property. The property is outlined in blue. This is I believe Kihalani Stream on the rear part of the property: There's also an old irrigation ditch that runs along the eastern edge of the property which is why the lot line is kind of meandering. And, then Kihalani Homestead Road is here. You can see there's a mix of farm dwellings and some farming as well. It's a little hard to see, but these lots towards the east have orchards on them. This is a view of the new farm dwelling that was just recently finished, and the driveway off of the Homestead Road This is a view of the ag storage building. There's actually two of them on the property. One here and one in the back, and then, this is the proposed driveway on that flagpole back to the proposed rear lot. This is a view of Kihalani Homestead Road looking east towards the ocean. It is a fairly narrow road. It's about'°11 feet wide, but at various points along the road, it does have some grass shoulder and then a drainage ditch along the north side. And, then this is a view of the road looking more mauka, and you can see the driveway for the road to the new house, and;then"the proposed driveway is further up. The Director is recommending a favorable recommendation be forwarded to the County Council for this Change of Zone request, and we haven't received any additional information since sending out your packets, so that concludes my presentation. I'd be happy to answer any questions. CLARKSON: Commissioners, any question for staff? I actually have a question. I noticed that the vast majority of lots in that Ag-20 zoning area appear to be smaller than 20 acres. 2 JACKSON: Yes. CLARKSON: Can you explain how that came about? JACKSON: Sure. CLARKSON: Was there an up-zone from smaller lots? JACKSON: No, so a lot of the lots in this area were created before the Zoning Code, so when the Zoning Code was established, they just went in and said we want this whole area to be Ag-20 recognizing that a lot of the existing lots were less than Ag-20 So, you have a mix of two-acre lots all the way to about 11 to 12 acres. There's about 8 to 10 other lots along this road that could be rezoned and subdivided to 5-acre lots. CLARKSON: Thank you. If there are no further questions from the Commissioners— ... REPLOGLE: —I have a question. So, the purpose of zoning this Ag-20 was to protect good Ag land, and you just stated that there's other 20-acre lots that could be subdivided into 5-acre lots. Was that the plan? JACKSON: The Zoning Code was established many decades ago, so at that time, the plan may have been— REPLOGLE: —Oh, that's allowed— JACKSON: —to keep that whole area in larger ag lot for farming, but the current plans that we have don't have any guidance in them that says that further subdivision or rezoning of lots to smaller lots in this,area is prohibited. So, this is a reasonable land use pattern at this time for this area. REPLOGLE: Okay, thank you. CLARKSON Now, if there are no further questions, will the Applicant or their representative please come forward? KERN: Good morning I'm Zendo Kern. I'm a planning consultant. CLARKSON: Please raise your right hand. Do you swear or affirm to tell the truth on this matter before the Planning Commission today? KERN: Yes. CLARKSON: Please introduce yourself, where you reside, and who you're representing. KERN: All right. Zendo Kern, planning consultant. I'm representing Mr. and Mrs. Andrus. Mrs. Andrus is back there and her daughter, Sara, is right there. I used to reside in Kapoho, 3 L currently reside in Hilo, since you asked. Yeah, so I'm happy to answer any questions. I can address a few things. First, I'd like to say, you know, good morning Mr. Chairman and members of the Planning Commission. Thank you for all that you're doing, Mr. Director, Corporation Counsel, and all the awesome staff in the Planning Department. Good morning. I guess I'll just get right into it. On the surface this is, you know, to me it's relatively straightforward. It's a two-lot subdivision. It's in an area that as you kind of started to address is interesting because you have this overlay of this Ag-20 zoning, but the surrounding properties are basically comprised of two acre, five acre, ten acre parcels. So, when we looked at it, when I was looking at it, I said this actually, you know, fits the mix of the surrounding property or the properties. Further, that keeping it in a, you know, five acre size still allows agriculture. Still allows a good amount of agriculture. So, it still keeps with the intent of the zoning, the size and what not, and it will allow, you know, the Applicants to reside in one, and then they'll be able to for estate planning purposes, you know, convey one of the lots to their daughter, Sara, who will be building a home on the other lot to raise those children. So, it has County water available, and the road is County owned and maintained. So, it-basically hits all the basic, you know, criteria. I did speak to two neighbors. One of the neighbors as you see in your packet wrote a letter of support. They are basically directly across the street from the Andrus's, and there is another neighbor that I spoke to, and she asked a few questions and talked about like the drainage and what not, and said, you know, she was worried about drainage into the ditch, and I said that I would talk to the Applicants about that. There's obviously nothing going on now that poses an issue, but as they do agriculture and continue to live on the land that they would be, you know, very cognizant and very aware of that. With that, I'm happy to answer any questions. CLARKSON: Did you receive the Planning Director's Background Report and Recommendation? I mean, do you have any disagreement with any of the conditions? KERN: No. We have received the Background Report and Recommendation, and we agree to the Recommendation as well as the conditions. CLARKSON: Any questions from the Commission? With that— KERN: I'll go sit down.` CLARKSON: Thank you. KERN: Thank.you. Is nobodyhas signed to testify. I just want to make sure that there are no g fY J potential testifiers on this issue. If not, I'll— KOZINSKIY (from audience): I have question. Can I— KOZINSKIY: I'm one of the neighbors. 4 1 CLARKSON: Please raise your right hand. KOZINSKIY: Sorry. CLARKSON: Do you swear or affirm to tell the truth on this matter before the Commission today? KOZINSKIY: Yes, I do. CLARKSON: Okay, please introduce yourself and where you reside and who you're representing if anyone other than yourself KOZINSKIY: I am Oksana Kozinskiy. I'm one of the neighbors, reside on 35-167 Papa`aloa Avenue, and my question is will this automatically rezone my property as well? CLARKSON: I'm pretty sure I can answer that question that it won't,but I will defer to staff JACKSON: That is correct. If you wanted to rezone your property, you wouldneed to come in and submit an application, and it would go through the same process that the Andrus's are going through now. KOZINSKIY: Okay, that answers my question. Thank you. But, I am in favor. CLARKSON: Thank you. There being no further public testimony IKEDA: I move to close public testimony. DELA CRUZ: Second. CLARKSON: It's been moved and seconded that public testimony be closed. All those in favor? COMMISSIONERS: Aye. CLARKSON: Opposed? Public testimony is closed. Any discussion within the Commission on this issue or further questions from staff, for staff? If not, I'd like to hear a motion for action on this matter. RAFFIPIY: Mr. Chairman, I'll make the motion. Mr. Chairman, I'd like to make a motion. I move that a favorable recommendation be forwarded to the County Council on the application for Change of Zone Docket No. REZ 18-000227 based on the Planning Director's recommendations, findings, and proposed condition which shall be adopted. CLARKSON: Is there a second? IKEDA: Second. 5 o , ' Commissioner Ikeda CLARKSON: It's been moved by Commissioner Raffipiy and seconded by that a favorable recommendation be forwarded to the County Council. Staff, would you please poll the Commission? JACKSON: Commissioner Raffipiy? RAFFIPIY: Aye. JACKSON: Commissioner Ikeda? IKEDA: Aye. JACKSON: Commissioner Aguinaldo? AGUINALDO: Aye. JACKSON: Commissioner Dela Cruz. DELA CRUZ: Aye. JACKSON: Commissioner Replogle? REPLOGLE: Aye. JACKSON: And, Chair Clarkson? CLARKSON: Aye., JACKSON: Okay, the motion carries six, zero. CLARKSON: You will be notified in writing of today's action. The discussion ended at 9:17 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission 6 � 1