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COM 0027.000 2018-2020
,•�OJNZY OF....... �, � ;o,,•, Wil Okabe Managing Director Harry Kim •:R r� �:• Mayor Barbara J.Kossow • � M°. � . Deputy Managing Director .................OF•MF,•}� Critf�. afuti`i ffirr II fkr agar 25 Aupuni Street,Suite 2603 • Hilo,Hawai`i 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawai`i 96740 (808)323-4444 • Fax(808)323-4440 December 7, 2018 c rirei Y.-r Aaron S. Y. Chung, Council Chair c-) and Members of the County Council �'-' co County of Hawai`i `" 25 Aupuni Street Hilo, HI 96720 • a) Dear Chair Chung and Members: SUBJECT: yhange of Zone Application (REZ 18-000228) Applicant: Hilo One Incorporated Request: A3a-RS-15 Tax Map Key: 2-4-039:026 Amendment to Change of Zone Ordinance No. 07-026 (REZ 06-000051) Applicant: Hawai`i Island Veterans Memorial, Inc. Request: Amendment to Condition B (Time Extension to Pay Water Commitment Fee), Condition C (Time Extension to Complete Construction), and Delete Condition F (Installation of Traffic Lights Tax May Key: 2-4-057:029, por. 030, por. 031 (formerly 2-4-057:001) As required by Chapter 7, Sec. 6-7.5 (a), Hawai`i County Charter, transmitted herewith for the County Council's consideration and action are the Windward Planning Commission's letters and enclosures regarding the above-referenced request. Sincerely, • Ha Kim Mayor Enclosures Comm. No 11 cc: Planning Department Now, Ref. To: 5County of Hawaii is an Equal Opportunity Provider and Employer. Ref. Dote DFC 1 4 2018 . J • Harry Kim ��' es.��,Ihq; Joseph Clarkson, Chair Mayor �� � : Donald Ikeda,Vice Chair +c�r.�1�,: ... _ Gilbert Aguinaldo w:�; Donn Dela Cruz Thomas Raffipiy John Replogle County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center o 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720 Phone(808)961-8288 • Fax(808)961-8742 DEC 7 2,018 Aaron S.Y. Chung, 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 18-000228) Request: A-3a to RS-15 Applicant: Hilo One Incorporated Tax Map Key: 2-4-039:026 The Windward Planning Commission, at its duly held public hearing on November 7, 2018, recommended for your approval the proposed legislative bill for an Change of Zone from an Agricultural-3 acre (A-3a) to an Single-Family Residential-15,000 square feet (RS-15) zoning district. The property is located along the south side of Haihai Street, approximately 930 feet east from the Haihai Street—Ainaola Drive intersection and across from Lei Lehua Street, Waiakea Homesteads 2nd Series, South Hilo, Hawai`i. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicant is requesting a change of zone from Agricultural 3-acre (A-3a) to Single-Family Residential 15,000 square feet (RS-15) to subdivide the property into thirty (30) lots. According to the application, the subdivided lots will be sold on the open market to the general public. The proposed subdivision will be accessed via Haihai Street, creating the Kikala Street extension. Ho`olala Street will also be extended creating the main ingress and egress points to the subdivision. Two (2) cul-de-sacs will be built within the subdivision to access various lots. All newly created roadways will be constructed to County dedicable standards, with the exception of one (1) cul-de-sac, which will be a Hawai`i County is an Equal Opportunity Provider and Employer Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawai`i Page 2 private road. All lots will have County water and the subdivision will have fire hydrants, as well as overhead utility lines for power, phone and cable services. There is no County sewer system in the area, so the owners will construct individual septic wastewater systems meeting with the approval of the Department of Health. The applicant hopes to secure the necessary County rezoning approvals as soon as possible. The applicant hopes to secure tentative subdivision approval by the middle of 2019. The applicant will construct the necessary improvements and hopes to obtain final subdivision approval in 2 years. The estimated cost of the improvements for the project is approximately$2 million. The applicant is the landowner of the property. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The Change of Zone request from Agricultural 3-acre (A-3a) to Single-Family Residential 15,000 square feet (RS-15) conforms to the goals, policies and standards of the General Plan Land Use-Single-Family Residential Element. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land Use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately-owned resources. The proposed change of zone will be consistent with the following goals, policies and standard of the Land Use-Single-Family Residential Element of the General Plan: © To maximize choices of single-family residential lots and/or housing for residents of the County. ® To ensure compatible uses within and adjacent to single-family residential zoned areas. • Require developers to provide basic infrastructure necessary for development. Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawai`i Page 3 0 Areas shall have basic improvements and amenities necessary for immediate use. The requested change of zone conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The property is designated Low Density Urban, which reflects single-family residential uses in the area. The property is a roughly triangular in shape and is 12.728 acres in size and is located on the south side of Haihai Street, across from Lei Lehua Street. The property was part of a subdivision in 2018 (SUB 18-01791), which subdivided TMK: 2-4-039:025 into two (2)parcels, including the subject parcel. The intersection of Haihai Street and Ainaola Drive is approximately 930 feet to the east. The subject property is currently vacant of uses and structures. The property has been previously cleared and is overgrown with non-native plants and other invasive species. Although ohana dwellings are permitted in the County's Residential zoned district, a condition will be included to incorporate restrictive covenants in the deed of all lots to prohibit ohana dwellings on the lots. The applicant's proposal to subdivide the property into thirty lots is consistent with the Low Density Urban designation. This designation reflects the existing low-density residential development in this area of Waiakea Uka. The area is predominantly urban and residential in character with some agricultural lots. Properties to the northwest and west are zoned Single-Family Residential (RS-10 &RS-15). Properties to the north and east are zoned Agricultural (A-3a&A-la). Properties to the south are zoned Single-Family Residential (RS-10) and Agricultural (A-3a &A-la). The majority of the area is within the State Land Use Urban district, including the subject property. The proposed change of zone would complement the existing land uses in this area and will provide for an orderly development of the area. All utilities and services are available to the site. The proposed lots will have access from Haihai Street, which is a County roadway with a 24-foot wide pavement with three (3) to four(4)-foot-wide shoulders within a 60-foot right-of-way. The access from Haihai will connect and create the Kikala Street extension as well as the Ho`olala Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawai`i Page 4 extension. Ho`olala Street will also be extended creating the main ingress and egress points to the subdivision. There will be two (2) cul-de-sacs built within the subdivision to access various lots. All newly created roadways will be constructed to County dedicable standards, except for one (1) cul-de-sac, which will be a private road. The Department of Public Works recommended the following: During the 2000 stone, the open ditch fronting the property on Haihai over topped. Therefore, we recommend that a licensed engineer design for the deepening of the entire length of the ditch which also account for the culvert road crossing for the subdivision. The applicant shall be responsible for the design and construction. The Planning Department will add this condition as well as other standard conditions that the applicant comply with the requirements of the Department of Public Works for the interior roadways and any other roadway improvements, including the installation of street lights and traffic control devices that may be required. According to the Department of Water Supply, water can be made available from the end of an existing 8-inch waterline within Haihai Street or the end of an existing 6-inch waterline within Ho`olala Street fronting the subject parcel. The applicant proposes to use septic systems, meeting with the approval of the State Department of Health. Solid waste will be handled by commercial haulers or individual homeowners into authorized landfill sites or transfer stations. Electricity and telephone services are available to the site. The nearest fire station is located on Haihai Street approximately one mile from the site. The police station is located in downtown Hilo, approximately three miles from the property. Public schools are located less than three miles from the site. The property is mainly located within the Flood Zone "X", which is an area outside of the 500-year flood plain. There is a small portion within the Flood Zone "AO", which is the special flood hazard area that corresponds to the areas of one-hundred-year shallow flooding (usually sheet flow on sloping terrain) where average depths are between one to three feet. The Department of Public Works commented that during the 2000 storm, the open ditch fronting the subject property on Haihai Street over topped. DPW recommends that a licensed engineer design for the deepening of the entire length of the ditch, which will also account for the culvert road crossing for the subdivision and that the applicant be responsible for the design and construction of these improvements. A condition of Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawai`i Page 5 approval will be added requiring the applicant to comply with these recommendations. Additionally, all development generated stoim run-off shall be disposed of on-site and not allowed onto adjacent properties or roadways. The subject request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not located in the Special Management Area. The subject property is located more than three miles from the shoreline and will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access to the shoreline or mountain areas that traverses the property. According to the applicant, no valued cultural, historical or natural resources exist on the properties and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Therefore, no action is necessary to protect these rights. 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 in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: Investigation of valued resources: An Archaeological Inventory Survey(AIS) was conducted of the site in 2015. No professional flora or fauna surveys were conducted of the site. The property has been previously cleared and is overgrown with non-native plants and other invasive species. The property is located in an urban setting in an area dominated by single-family residential uses. The applicant does not believe that rare or endangered floral or faunal resources are on the site. The site and general area are not known to be a habitat for any rare or endangered animals. Given its elevation, it could be possible to find the Hawaiian Hawk (I`o) and the Hawaiian Owl (Pueo). The valuable cultural, historical, and natural resources found in the rezoning area: : The site has been previously cleared. By letter dated January 11, 2018 responding to a request for a grading permit application, the DLNR-SHPD determined that no historic properties would be affected. Additionally, the applicant has stated that should any inadvertent discoveries be made during any land disturbance activity relating to this project, work will cease and the applicant will immediately notify the Planning Department and the State DLNR-SHPD and secure their clearance before proceeding Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawai`i Page 6 Possible adverse effect or impairment of valued resources: There may be a possibility that native plants could be destroyed by construction and ground alteration,but the site has been cleared and is overgrown with non-native plants and other invasive species. The subject property does not abut the shoreline, therefore Hawaiian gathering and fishing rights is not an issue. Feasible actions to protect native Hawaiian rights: A conditions of approval will be included to require the applicant to notify the Department of Land and Natural Resources— State Historic Preservation Division (DLNR-SHPD) should any unidentified sites or remains be encountered and proceed only upon an archaeological clearance from the DLNR-SHPD. Lastly, this approval is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the approved use, prior to its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), compliance with DLNR-SHPD requirements, among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the preceding, it is believed that the project would have no adverse impact relative to the archaeological, cultural or historical resources of the area. To the extent to which traditional and customary Native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights and no action is necessary to protect these rights. Based on the above findings, approval of this change of zone request from Agricultural 3-acre (A-3a) to Single-Family Residential 15,000 square feet (RS-15) would result in an appropriate land use pattern that will further benefit the general public. The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map), Chapter 25 (Zoning Code) of the Hawaii County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. r Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawai`i Page 7 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, ,g eZ e_ z/z, Joseph Clarkson, Chairman Windward Planning Commission LHilooneincoporatedREZ l 8-228wpc2 Enclosures cc: Mr. Zendo Kern, Planning Consultant Hilo One Incorporated Department of Public Works Department of Water Supply Department of Land &Natural Resources-HPD Amy Self, Esq., Corporation Counsel BHiloOneREZ 18-228.jwd-10/29/18 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT HILO ONE INCORPORATED CHANGE OF ZONE APPLICATION (REZ 18-000228) HILO ONE INCORPORATED has submitted an application for a Change of Zone from an Agricultural 3-acre (A-3a) to a Single-Family Residential-15,000 square feet (RS-15) zoning district for approximately 12.278 acres of land. The property is located along the south side of Haihai Street, approximately 930 feet east from the Haihai Street—Ainaola Drive intersection and across from Lei Lehua Street, Waiakea Homesteads 2nd Series, South Hilo, Hawai`i, TMK: 2-4-039:026. REQUEST 1. Proposed Development: The applicant is requesting a change of zone from Agricultural 3-acre (A-3 a) to Single-Family Residential 15,000 square feet (RS-15) to subdivide the property into thirty(30) lots. According to the application, the subdivided lots will be sold on the open market to the general public. The proposed subdivision will be accessed via Haihai Street, creating the Kikala Street extension. Ho`olala Street will also be extended creating the main ingress and egress points to the subdivision. Two (2) cul-de- sacs will be built within the subdivision to access various lots. All newly created roadways will be constructed to County dedicable standards, with the exception of one (1) cul-de-sac, which will be a private road. All lots will have County water and the subdivision will have fire hydrants, as well as overhead utility lines for power, phone and cable services. There is no County sewer system in the area, owners will construct individual septic wastewater systems meeting with the approval of the Department of Health. The applicant hopes to secure the necessary County rezoning approvals as soon as possible. The applicant hopes to secure tentative subdivision approval by the middle of 2019. The applicant will construct the necessary improvements and hopes to obtain final subdivision approval in 2 years. The estimated cost of the improvements for the project is approximately$2 million. The applicant is the landowner of the property. (Planning Department Exhibit 1 - Change of Zone application &Addition Info) -1- STATE AND COUNTY PLANS 2. State Land Use Designation: Urban. 3. General Plan LUPAG Map: Low Density Urban. 4. County Zoning: Agricultural 3-acre (A-3a). 5. Special Management Area: The SMA is a part of the Coastal Zone Management Program regulated by the County. The project site is located more than three miles from the shoreline and is not in the SMA. DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA 6. Subject Property: The property is a roughly triangular in shape and is 12.728 acres in size and is located on the south side of Haihai Street, across from Lei Lehua Street. The property was part of a subdivision in 2018 (SUB 18-01791), which subdivided TMK: 2-4-039:025 into two (2) parcels, including the subject parcel (Planning Department Exhibit 2 —SUB 18-01791). The intersection of Haihai Street and Ainaola Drive is approximately 930 feet to the east. The subject property is currently vacant of uses and structures. The property has been previously cleared and is overgrown with non-native plants and other invasive species. 7. Surrounding Zoning and Land Uses: The area is predominantly urban and residential in character with some agricultural lots. Properties to the northwest and west are zoned Single-Family Residential (RS-10 &RS-15). Properties to the north and east are zoned Agricultural (A-3a &A-la). Properties to the south are zoned Single-Family Residential (RS-10) and Agricultural (A-3a & A-la). The majority of the area is within the State Land Use Urban district, including the subject property. 8. ALISH: Existing Urban Development. 9. Land Study Bureau's Productivity Rating: Existing Urban Development. 10. Noise Impacts: Existing ambient noise includes traffic from Haihai Street. Short-tem' noise impacts associated with the project are temporary, and all applicable rules governing construction noise abatement will be observed. 11. FIRM: The property is mainly located within the Flood Zone "X", which is an area outside of the 500-year flood plain. There is a small portion within the Flood Zone "AO", which is the special flood hazard area that corresponds to the areas of one- . , -2- hundred-year shallow flooding(usually sheet flow on sloping terrain) where average depths are between one to three feet. The Department of Public Works commented that during the 2000 storm, the open ditch fronting the subject property on Haihai Street over topped. DPW recommends that a licensed engineer design for the deepening of the entire length of the ditch, which will also account for the culvert road crossing for the subdivision and that the applicant be responsible for the design and construction of these improvements. Additionally, DPW recommends the applicant provide improvements on Haihai Street up to the existing property line, which shall include but not be limited to, providing engineered closed drainage system to replace the open channel and paved shoulders and swales. 12. Coastal Hazards: The subject property is located approximately four miles from the shoreline, is not an oceanfront parcel, and will not affect, or be affected by shoreline processes. 13. Flora/Fauna: No professional surveys were conducted of the site. The property has been previously cleared and is overgrown with non-native plants and other invasive species. The property is located in an urban setting in an area dominated by single-family residential uses. The applicant does not believe that rare or endangered floral or faunal resources are on the site. The site and general area are not known to be a habitat for any rare or endangered animals. Given its elevation, it could be possible to find the Hawaiian Hawk (I`o) and the Hawaiian Owl (Pueo). 14. ArchaeologicaUHistorical Resources: An Archaeological Inventory Survey (AIS) was conducted of the site in 2015. By letter dated January 11, 2018 responding to a request for a grading permit application, the DLNR-SHPD determined that no historic properties would be affected. Additionally, the applicant has stated that should any inadvertent discoveries be made during any land disturbance activity relating to this project, work will cease and the applicant will immediately notify the Planning Department and the State DLNR-SHPD and secure their clearance before proceeding. 15. Cultural or Native Gathering Rights: According to the applicant, it is not known whether the subject property or immediate surrounding area have been used in the recent past for the gathering of plants by Native Hawaiians. The applicant has not observed any -3- Native Hawaiians on the site or adjoining properties gathering plants and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of any known valued cultural, historical or native resources in the area. 16. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the property. PUBLIC UTILITIES AND SERVICES 17. Access: Access is proposed from Haihai Street, a County roadway with a 24-foot wide pavement with three (3) to four (4)-foot-wide shoulders within a 60-foot right-of-way. As stated previously, the proposed subdivision will be accessed via Haihai Street, creating the Kikala Street extension. Ho`olala Street will also be extended creating the main ingress and egress points to the subdivision. There will be two (2) cul-de-sacs built within the subdivision to access various lots. All newly created roadways will be constructed to County dedicable standards, except for one (1) cul-de-sac, which will be a private road. 18. Water: According to the Department of Water Supply, water can be made available from the end of an existing 8-inch waterline within Haihai Street or the end of an existing 6-inch waterline within Hocolala Street fronting the subject parcel. The applicant submitted evidence that the water commitment deposit has been paid. 19. Wastewater: There is no County sewer system in the area, so the lot owners will construct individual septic wastewater systems meeting with the approval of the Department of Health. 20. Solid Waste: Solid waste will be handled by commercial haulers or individual homeowners into authorized landfill sites or transfer stations. 21. Essential Utilities and Services: Electricity and telephone services are available to the site. The nearest fire station is located on Haihai Street approximately onemile from the site. The police station is located in downtown Hilo, approximately three miles from the property. Public schools are located less than three miles from the site. AGENCIES' AND ORGANIZATIONS' COMMENTS 22. Department of Public Works: (Planning Department Exhibit 3 — September 25, 2018 Memo) -4- 23. Department of Water Supply: (Planning Department Exhibit 4— October 2, 2018 Memo) 24. Department of Environmental Management: (Planning Department Exhibit 5— September 5, 2018 Memo) 25. Police Department: (Planning Department Exhibit 6—August 30, 2018 Memo) 26. Department of Land and Natural Resources-Land Division: (Planning Department Exhibit 7—September 18, 2018 Memo) 27. Department of Health: (Planning Department Exhibit 8—September 5, 2018 Memo) AGENCIES -NO RESPONSE 28. Fire Department, Real Property Tax Office and Department of Education APPLICANT'S RESPONSE TO AGENCIES 29. The applicant submitted the following letter in response to the Department of Water Supply comments. (Planning Department Exhibit 9 —October 8, 2018 Letter) PUBLIC COMMENTS 30. As of this writing, the Planning Department has not received any written comments or objections from the general public or adjacent landowners on the request. -5- '� ?311 JUI , ? Fig 1 22 CHANGE OF ZONE APPLICATION-.', t, N' t Er st COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Hilo One Incorporated APPLICANT'S SIGNATURE: a DATE: //9 ADDRESS: 32 Poko PI. Hi o, HI 96720 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: Roland Higashi PHONE:(Bus.) 808-345-0908 (Res.) (Fax) LANDOWNER(S): Hilo One Incorporated ��// LANDOWNER SIGNATURE(S)./ %,�� DATE: /��//d9 (May be b- etter) LANDOWNER(S)ADDRESS: 32 Poko Pl. Hilo, HI 96720 REQUEST: A-3a TO RS-15 (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) 2-4-039: 026 STREET ADDRESS OF PROPERTY: N/A SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 12.728 acres AGENT: .Zendo Kern Planning Consultant ADDRESS: 194 Wiwoole St. Hilo, HI 96720 TELEPHONE:(Bus.) 808-333-4734 (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Agent COPIbS: Applicant Planning Dept9 Exhibit , • ATTACHM ENT R esilent 1R ezoning PLANN]NG DEPARTMENT COUNTY OF HAW ATI APPL]CATDN FOR CHANGE OF ZONE 1, Ifyourrequestis approved,do you mend to subdivide the sub ct]and.h accordance with the approved change of zone? �,,5 • ifyes,phase answerthe restofquestnn 1 and then to questnn 3. a. How m any acres ofthe requested area do you intend to subdivide? /A11. , b. Into whatbtsizes? lS,coo 5/ - c. ifyourrequestis apprnved,approxin ately how bng aferthe date ofapprovaldo you expectto subm it yoursubdivisnn pians to the Planning D epartm ent brprelin inary approval? / Yrtow'k • d. Do you intend to bufd houses on the new created bto? No ifyes,phase answerthe folbwing questbns: on how m any ofthose bts? Atwhatappmx:ni ate prbe range? House 418_ Lots � Total Approxin ately how bng,aferappmvalof the subdivision,woull the firsthouse be avarlabh foroccupancy? l\J/A Ifyou intend to subdivide,phase subm ita ` prelin Lary schem atic subdivisnn phn together with your change ofzone applicatnn form . 2. Ifyou have no dun phns ofsubdividing the sub ctarea, do you iitend to: a. Sellorbase the hnd to som eone who has fern phns? b. S eilorhase the hnd to someone who has tontatire / phns? A- c. S eilorhase the land to som eone who has no phns? _ �J d. Keep T • e. other phase state) f. Ifyou intend to do eithera,b,orc,phase ehboiate on the kind ofphns the otherparty has.Phase,aho, sncmde in youransw erappioxin atoly how soon a$er approvalofyour.rezoning do you expectto tianshrthe subcthnd to anotherparty. 3. Do You think thatyourrequestand yourfurtherphns forthe hnd wiltalhviate the bcalhousmg situation? Y'-eg How? T t'e4� \- w i 11 UA� .k. �d e�c�X1 cy. bu'11 Ai I c 3-S a,v c�,'l',401-er dv rV b 11 C ` Ar\► �.,i�1 ,a\\dam 'Rovv.,0e, c i.) \he, b%)1\ C N.A✓lM- w a\\ ins\o co \m`P'141) 544u��t‘v, 4. Are there any buitiings on the sub ctarea? NO Ifso, whatkind? whatdo you intend to do with those buildings ifyour requestis approved? - 2- 5. Is the subctland cunPntly being used forany agrbulturalact ivity? Ifso,phase bstthe kinds ofpmducts grown and on how m any square feetoraciEs ofland perpmduct 6. To yourknowhdge,has thee been any flooding and/or drainage pmbhm on the subctarea? 5 Ifso,phase descrbe the pmbhm \\ i V� cc�3�2, O ,;S-100c). ,! d V11 5 O!/1 t j/ t4 'Cv A far die'A (NI d<s c3\ prc pcseel /0 S SiJtai�v sa �v c1/2. / Do you think thatthe mads leading to the sub ctarea �1 needs inpmvem enf tvp Ifso,whatkind? Is the mad adequate hrthe proposed traffic volum e orbad? ' Uck 8, W hatsortofgovemm entalassistance and/orin provem ents do you feelwillbe needed in the subctarea when developed? yes hLo a. Schools 7 b. Roads c, Sewer fi. Drainage >C e, police Pmtectbn -3- Yes No t Fire P mtectbn 9 RecmationalFacililiPs h. PubTUl;liti�s other Forthose checked 'yes,"phase elaborate whattype orkds of pmvem encs and/orassistance am needed. Ssinatsm: Address: 3 2 Po Yto t. Cif\U 114-3. 72,0 Te1phone: 8®a-3tiC.-0106 Date: /6//ii 6337A/50A -4- P .5/84 TO WHOM IT MAY CONCERN: As landowner of parcel identified by TMK: (3) 2-4-039: 026, I hereby consent and authorize Zendo Kern of Zendo Kern Planning Consultant to file and process a Change of Zone Application on behalf of Hilo One Incorporated. BY /// ld9 (DATE) HILO-ONE INCORPORAT D By its: /577Z ---S. COUNTY ENVIRONMENTAL REPORT COUNTY REZONING REQUEST (A-3a to RS-15) HILO ONE INCORPORATED WAIAKEA, HILO, HAWAII TMK: (3) 2-4-039: 026 I. INTRODUCTION Hilo One Incorporated ("applicant") is requesting the rezoning of a 12.728- acre parcel of land from the Agriculture (A-3a) to Residential (RS-15) district in Waiakea, South Hilo, Hawaii. The subject property islocated just west of the intersection of Ainaola Drive and Haihai Street (Figure 1). If approved, the applicant intends to subdivide the 12.728-acre parcel into thirty (30) lots, consisting of a minimum of 15,000-square feet each (Figure 2). The applicant intends to offer the newly created lots for sale to the general public. II. PROJECT LOCATION The subject property is located on the southerly side of Haihai Street approximately 800-feet west of its intersection with Ainaola Drive (Figure 1). III. PROJECT DESCRIPTION A. Project Concept and Components site consists 2 - The subject tof 12.728-acres acres and is vacant of any structures. The applicant wishes to subdivide the subject property into thirty (30) lots consisting of a minimum of 15,000 square feet (Figure 2). The newly subdivided lots will be sold on the open market. The proposed subdivision will be accessed via Haihai Street, creating Kikala Street extension; Ho'olala Street will also be extended creating the main ingress and egress points to the subdivision. Two (2) cul-de- sacs will be built within the subdivision to access various lots. All newly created roadways will be constructed to County dedicable standards, with the exception of one (1) cul-de-sac which will be a private road. All lots will have water supplied by the Department of Water Supply. The subdivision will have fire hydrants per the County Code 1 ........ 2 — 4 — 39 390 DIV iW,TI. • ...... • , 1811 114 / PLAT 37 • ; •'',,..."3 PL A T 58 P.LA r G8 • ' r 4.1;:,"!" - .. "'7`. .. .... ..-.. . . . ...... ,--, . 7._r.-•7:n.r.d............,...„, (!:2) "I'''''.".8 ti.''',.. 0 .r... 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I 04 15.002 Sq F1 i I I 1 n .7� I L 11', w74 15.701 S9.FI S " -ly .:. ) 1+5,:1 a 1 I . 1.,, f'il;;,li, c --109 56 .... ................. --- 5:i do -'" I I>' CF/ANGE OF ZON I� / ••,;.:.: ::1:4;;•••;•'"'•;••; . I C SITE \ 15 ;Z 26 ' 0, i '��.;. VI U fh O F.,F(IS\, SE O O RES !., I ,I yt ,S 16.1.7454.41 F.....,- / r^,+ - 1 Ivy. I /r },, c1. t T r, . ,•-\-....tel\• I I .1..1 : • 1 0 y - 1.31 .100015 0 ' l el ...a .t .. M 25 ,,.,...> a" 19,2145q,Ft. n LOCATION MAP • I 65,113 165.32 `. 0 F \ GRANT9251 TO' 3051-11.0.,• mu. P0051061 OF GRANT 10,114 , \ TO MRS.ROSE ISAHI ; • CHANGE OF ZONE MAP Agricultural 3 Ac.(A-3a)to Single Family Residential 15,000 Sq.Ft.(RS-15) • ' LOT 1-B-1 (12.728 Acres) BEING A PORTION OF GRANT 11,642 SUEONISIONSUMMARY TO KIKUMI HIGA MAEDO Number ofLots 3o- WAIAKEA HOMESTEADS,SECOND SERIES NENmum Lot Size. 15,000 Sd.F_ WAIAKEA,SOUTH HILO,ISLAND OF HAWAII,HAWAII OWNER/APPLICANT: Road Length l504t.F6 ) 1 A45:e L.F.a 1 732 ACS. __ Private Road i30-I-:.404) 33e:r L.F. Tax Map Key:3rd DIV.2-4-039:026 HILO ONE,INC. 32 Poka Placa Hilo,Hawaii 96720 NOTES" i;R.1PHIC SC.SI.2 • 1.1:nCm2rtvInrviaratom uroca-sv_n a;te rums=Lts,,, 63:0,15110 1151.7 .• , r-egcna41,n19,D, RIO C.1r.X.mt.i-.FFP.nv5i,,:a:ro,emm�o-waur ' .. ... '.........� - e.<,ry.°W arnds hem.fivnl P:e;,gey Tq.:OK+m'+.ctni0. ........:..............._..._.........,+ INABA ENGINEERING,INC, 5.LOYwtr,u+a3.An Al WO.951.;._0,CP.qe. ,.. -110 X 94..4.j,...1510+Hs14 SLRde05.A.ouaa) 1.:1125.301.1 • ' Figure 2 • • requirement, as well as overhead utility lines for power, phone, and cable services. It is understood that the subdivision plan submitted herein may have • to be adjusted prior to receipt of final subdivision approval in order to accommodate County subdivision requirements and appropriate conditions of approval. B. Project Timetable and Cost The applicant hopes to secure County Rezoning approval as soon as possible and begin the subdivision process immediately thereafter. Tentatively, plans call for securing tentative subdivision approval by the middle part of next year (2019). There after the applicant will construct the necessary improvements within the subdivision, the estimated timeframe to complete the infrastructure improvements and obtain final subdivision approval is approximately 24 months. The estimated costs of said improvements for this project is $2,000,000.00. IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The subject site is designated Urban. Based on the proposed lot size and State Land Use designation, no State Land Use Commission action is required. The County of Hawaii can process the rezoning request. B. County General Plan The County General Plan Land.Use Pattern Allocation Guide (LUPAG) map designates the subject site as Low Density Urban. This designation allows consideration for uses that are single-family residential in character, ancillary community and public uses, and convenience type of commercial uses. The proposed RS-15 subdivision resulting in thirty (30) lots would be consistent with the Low Density Urban designations. As such, no General Plan amendment would be required to effectuate this project. 2 J C. Hilo Community Development Plan The Hilo CDP was adopted by the Planning Commission in 1975 over 25 years ago, and was intended to further define the General Plan and provide short and middle range implementation strategies of the General Plan. Since the adoption of the Hilo CDP, there have been significant land developments in the City of Hilo, including the shopping complexes in and around the Puainako/Kanoelehua Intersection, expanded commercial uses near the University complexes, and commercial/industrial uses along the southern portion of the Waiakea Houselots area. These developments render many of the CDP land use concepts obsolete. Although the document was reviewed by the County Council,,the CDP was never adopted by ordinance. The CDP's Land Use Concept Map identified this area as RS-10/15, which is consistent with the County General Plan LUPAG map. Therefore the proposed rezoning meets the criteria of the Hilo CDP and County General Plan LUPAG map. D. County Zoning The County zoning of the subject property is Agriculture (A-3a). However, as noted above, the LUPAG map shows the area as Low Density Urban, which is consistent with the RS-15 zoning requested. There are a few lots in the area zoned A-3a and A-1 a, with the majority of the surrounding area zoned RS-10 or RS-15. The requested RS-15 zoning would be the most logical density for this area, as would the RS-10 zoning. _ If approved, the site would be subdivided in a manner generally • meeting both zoning and subdivision codes. Notwithstanding the subdivision requirements, all uses and standards consistent with the requested RS-15 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 in relationship to the CZM Program follows. The site is not adjacent to the ocean; it sits approximately three and a half (3.5) miles from the shoreline. As such, the proposed action should not have any adverse impacts on the area's coastal 3 recreational and marine resources, nor have anyimpacts on beach protection. Relative to the Coastal Ecosystems, impacts should be negligible, if at all, as mentioned above the site is located over three and a half (3.5) miles from the ocean: Despite the distance, the nature of the project (Residential) and the construction of thirty (30) additional private wastewater systems should not potentially or poorly impact the said coastal ecosystem. Because of its distance from the shoreline, the site should not be subject to coastal hazards. Relative to the managing development objective, this function is more applicable to the "authority" or approving agencies. However, it is noted that the request would operate and be constructed within the scope of the Zoning Code. The subject site would be zoned.RS-15 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. The proposed improvements will not impact to the area's historic resources, the previous owner of the subject property conducted and Archeological Inventory Survey in December of 2015. Subsequently the applicant applied for a grading and grubbing permit which the, State Historic Preservation Division reviewed and determined that that no historic properties would be affected (Exhibit A). In the event that 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 resuming any further. 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 roadways and dwelling units) in an urban setting. Accordingly, there is a potential visual impact to the area's scenic and open space resources. However, due to the topography of the subject parcel and the existing urban density surrounding the subject site, any impact would be minimal. In such regard, the proposed subdivision would be cohesive with the surrounding community. Further, the proposed action will result in creating residential lots in this area, which would provide additional opportunities for housing. In 4 so doing, the project could aid the general economy and the overall economic use of this site and the surrounding area. 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 public 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 one 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 Other permits would still be required. These would be of"ministerial" variety, such as Subdivision Approval, Building Permits, etc. V. ENVIRONMENTAL CONSIDERATIONS A. General Description The parcel is generally triangular in shape and is accessed via Haihai Street and eventually Ho'olala St. Both roads are owned and maintained by the County of Hawai'i. The site is vacant of any other structures. The site is situated at about the 540-foot elevation level. The site rises from Haihai Street, with the highest point being at the southern end of the property. In spite of the gradual rise, there does not appear to be any topographic constraint in developing and utilizing the site for thirty (30) 15,000-square foot + sized lots. There are homes proximate to and within the subdivision leading to the subject site. The immediate surrounding area is generally residential and cohesive with the proposed subdivision. II 5 B. Soils and Topography The U.S.D.A Soil Survey Report identifies the soil on the subject site as approximately 98 percent "Panaewa very cobbly hydrous loam" with 2 to 10 percent slopes. This type of soil consists of moderately well-drained cobbly hydrous loams that formed,in volcanic ash over pahoehoe lava to a depth of approximately 26-inches. Permeability is moderate, runoff is high, and the erosion hazard appears to be moderate. The remaining 2 percent of the soil on the site is located at various points along the edges of the property and consists of "Panaewa-Urban land complex" with 2 to 10 percent slopes and has the same basic make up as the "Panaewa very cobbly hydrous loam." According to the Natural Resource Conservation Service's Land Study Bureau Overall Master Productivity Rating, the subject site does not have a rating or classification as it is in the State Land Use "Urban" District. Because the subject site falls within the State Land Use "Urban" District, it is not included in The Agriculture Lands of Importance to the State of Hawaii (ALISH) designation. As noted earlier, the topography of the site slopes in a south to north direction, with the lower portion being at the southern end. The slope appears to be approximately 7 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 is a small portion of the subject property identified on Figure 2 showing an "AO" flood zone on a portion of proposed lot 19. The referenced "AO" zone will not affect drainage issues with the proposed subdivision. Pursuant to county drainage requirements, appropriate drywell and/or similar means to capture runoff from any improvements will be built, if necessary, in conjunction with the appropriate permitting process. 6 2. Volcanic, Earthquake and Tsunami Hazards According to the United States Geological Survey maps, the project site is located within Lava Flow Hazard Zone 3, on a scale of ascending risks 9 to 1, 9 being the lowest risk and 1 being the greatest risk. The Building Code designates the entire island of Hawai'i Earthquake Zone "D" and contains certain structural requirements to address the relative seismic hazard. All structures would have to comply with this standard. As the site is located approximately three and a half (3.5) miles from the ocean, it is located outside of the Civil Defense's Tsunami Evacuation Zone. D. Flora/Fauna Although there were no professional surveys conducted of the floral or fauna resources of the site, the applicant does not believe that rare or endangered floral or fauna resources are likely to be found within the subject site. The subject property was cleared many years ago, which removed the original floral and fauna resources of the property. The site is currently overgrown with non-native plants and other invasive species. 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 (1'o) and the Hawaiian Owl (Pueo). Nonetheless, the urban nature of the surrounding areas would make it less likely to find endangered animal life in the subject area. E. Historic/Cultural/Archaeological Resources The proposed improvements will not impact to the area's historic/cultural/archaeological resources, the previous owner of the subject property conducted and Archeological Inventory Survey in December of 2015. Subsequently the applicant applied for a grading and grubbing permit which the State Historic Preservation Division reviewed and determined that that no historic properties would be affected (Exhibit A). 7 Furthermore, in the event any inadvertent discoveries are made during any land disturbance activity relating to this project, work will cease and the applicant will immediately notify the Planning Department and the State DLNR and secure their clearances before proceeding. G. Valued Cultural Resources In view of the recent Hawai'i State Supreme Court's "PASH" and "Ka Pa'akai 0 Ka'Aina"decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed. Specifically, there must be a discussion of the cultural, historical and natural resources, as well as the associated tradition and customary practices of this site. In this situation, the subject site is not adjacent and/or proximate to the shoreline. As such, gathering of marine life and coastal access is not an issue. It is not known whether the subject property or immediate surrounding area have been used in the recent past for the gathering of plants by Native Hawaiians. The applicant has not observed any Native Hawaiians on the site or adjoining properties gathering plants, thus it would appear unlikely that the site would serve the purpose today. In the event legitimate gathering claims are made by Native Hawaiians, the applicant intends to respect and honor such claims and provide the needed access within the site. Based on the above, it does not appear that the project would have ; any potential adverse impact relative to the cultural and historical resources of the area. H. Water and Coastal Resources . The subject site is located approximately three and a half (3.5) miles from the coastline. As such, coastal impacts resulting from discharge of wastewater systems from the site should not be significant. Likewise, 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. 8 • Noise, Air Quality, and Dust Haihai Street will serve as the main access to all of the newly proposed subdivision. The existing ambient traffic level in this area is moderate; as such, the corresponding noise level should be quite low compared to the existing conditions. With the completion of this project, the noise level is not anticipated to increase significantly. There may, however, be short-term noise impacts associated with the construction of any required infrastructure or dwellings on the proposed lots. In that event, contractors will be required to comply with appropriate noise and related mitigation measures of the State Department of Health. The proposed development should not generate any direct air quality impacts. The only discernible air quality impact could be associated with the vehicular traffic to and from the site. While there will be an impact to the ambient air quality, the impact should not be significant or unreasonable for the urban nature of the area. Further, with higher EPA standards for automobile air emissions, the air quality impact should therefore not be significant. With the exception of potential construction dust associated with the required infrastructure of any future dwellings, the short and long-term dust generated by the project should be reasonable. Construction dust, however, like construction noise will have to comply with the State Department of Health's regulations. J. Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there are sites or areas listed as being a scenic resource.The subject site is not listed as a scenic site. However, there were a few examples cited in the Hilo area, such as the view of Mauna Kea. In this situation, the subject area is not listed as a scenic site, in addition the views of Mauna Kea or any other scenic sites from the surrounding roads and residences would not be affected, due to the topography of the proposed subdivision being relatively level as to not obtrusively affect view planes. As noted earlier, the proposed action will eventually involve the construction of improvements, particularly roadways and dwelling units in an urban setting, which could visually impact the area's scenic 9 > and open space resources. However, due to the topography of the subject parcel and the existing urban density surrounding the subject site, any impact would be minimal and the proposed subdivision would be cohesive with the surrounding community. VI. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses The land use in this area is generally urban in nature with a mix of residential lots and.a few larger agriculture lots. The surrounding properties consist of the following zonings: properties to the west, northwest and north are zoned RS-10 and RS-15; properties to the northeast are RS-15, A-1 a and A-3a; properties to the east and south are a mix of RS-10, A-la and A-3a. The subject property is located approximately two and a half (2.5) miles from the center of Hilo Town, which includes commercial areas, schools, a general hospital, public safety services and various parks and recreational facilities. Given the existing and zoned conditions, the proposed rezoning and the thirty (30) 15,000-square foot + lot subdivision would not be incongruous with the emerging existing urban pattern of this area. B. Economic Impacts The requested zoning would have some measure of economic impact, as it would make thirty (30) additional fee simple lots. These additional lots will create an increased property tax base for the County of Hawai'i. The project will eventually create some short-term economic impact within the time of construction of the proposed subdivision and single- family dwellings. This will create construction jobs, purchases from local suppliers, and due to the size of the project, the new lots will create a demand for services such as landscaping and maintenance. As noted earlier, the proposed action will provide additional opportunities for housing. In so doing, the project could aid the general economy and the overall economic use of this site and the surrounding area: gas stations, convenient stores, Hilo Town businesses, etc. 10 C. Agricultural Impacts The site has not been used for any agriculture activity for many years. The parcel is located in the Urban District; therefore, a residential zoning is consisting with the overall land use designation and other zonings in the adjacent area. VII. INFRASTRUCTURAL CONSIDERATIONS A. Road Access to the project would be from Haihai Street, which is owned and maintained by the County. With the exception of one internal subdivision road, all roads will be constructed to County dedicable standards. B. Water The Department of Water Supply will make additional water units available for the project. There is a six-inch county water line located on Ho'olala St. adjacent to the subject parcel. In addition, there are two (2) eight-inch water lines on Haihai Street, one that stops at Ho'omalu Street running in an east to west direction and one that stops at Lei Lehua St which runs in a west to east direction. Adequate water is available for both residential use and fire protection. C. Wastewater There is no county wastewater system in the subject area. As noted earlier, septic tank systems meeting the approval of the Department of Health would be allowed. Individual wastewater systems will be installed at the time of constructing the dwellings. D. Solid Waste Solid waste will be handled through commercial haulers or the individual homeowners into authorized landfill sites or transfer stations. With the requested/RS-15 zoning, the potential for uses with toxic or related chemical waste would be minimal or none at all. E. Other Government Services As this area is already part of the Hilo urban area, it is already being serviced. No extension of government services would be required. 11 • The nearest fire station is located on Haihai Street, approximately one (1) mile from the site. The Police Station is located in the city center, approximately three (3) miles from the subject site. Public school (K-12) is available at the Waiakea Complex, less than two (2) miles from the site. Numerous County parks are available within one (1) to three (3) miles from the subject site. To emphasize, the project should not result in the extension of any government services and the required public facilities are located reasonably proximate to the subject site. F. Other Utilities All other utilities such as telephone, cable, and electrical services are available to the site. VIII. IMPACT SIGNIFICANCE ANALYSIS A. Relationship Between Local Short-Term Uses of Environment and Maintenance and Enhancement of Long-Term Productivity If the request were denied, the short-term use of the area of the proposed rezoning would probably continue with no agriculture activity. The applicant would not have an opportunity to create four (4) additional lots in an area designated as Urban, which would be inconsistent with the land use designation. From a long-term productivity standpoint, this area of Hilo will most likely continue with more in-fill urban development. As the State and County land use designation is Urban this is a logical area to increase residential housing density. B. Irreversible and Irretrievable Commitment of Resources As the site has been relatively disturbed in the past, it is not likely that its development would result in an irreversible commitment of natural or archaeological resources.. The subject parcel is classified as existing urban development from the Land Study Bureau and ALISH. 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 12 monitoring program can be conducted during any land disturbance activity. C. Mitigative Measures The applicant intends to make improvements if required, generally consistent with the subdivision process. 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 immediately and clearance will be secured before work is resumed. There is no existing drainage way on the property other than the small portion on the very east of the property affecting a portion of proposed lot 19. 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 agriculture status with no agriculture activity. A prime area for urban in-fill development would be lost as well as the additional housing options. 2. Alternative Density Under this alternative, the applicant could seek a more intensive zoning, such as RS-7.5 or possible RS-10 zoning, given the LUPAG Low Density Use classification of the site and RS and CN zonings proximate to this area. These zoning categories would arguably be consistent with some of the surrounding zonings. Such an approach, however, may not be the best density for the subject parcel. Given the nature of the area, the requested 13 density of RS-15 would be consistent with the overall make-up of the community and other change of zones in the area. 3. Evaluation of Alternatives The project's impacts to the area's social and physical infrastructure would not be pronounced. Certain mitigative measures could be taken to address any possible impacts associated by the development of this project. Further, the project would be consistent with the land use objectives sought to be accomplished by the County General Plan LUPAG map. In view of the aforementioned, it would appear that none of the • alternatives would be more prudent and beneficial than the requested RS-15 alternative. IX. REGULATORY ANALYSIS A. General Plan LUPAG Map The General Plan provides for the long-range comprehensive development of the Island of Hawai'i. It provides direction for balanced growth in the County. The LUPAG map designates the site Low Density Urban. This designation allows the requested RS-15 zoning without a General Plan amendment. B. General Plan Polices The requested zoning would be consistent with the goals, policies, and standards of the General Plan document. For one, it may provide limited short-term economic opportunities largely through the construction of any improvements required for the subdivision. More importantly, however, longer-term opportunities would be created largely in the form of construction of new single- family dwellings and service providers for yard care, maintenance and the like. In so doing, the result should add revenues to the County and State coffers by wayof increased property tax revenue and increased p p Y General Excise Tax base. The project intends to be energy conscious through the use and/or encouragement of solar energy and design features to take advantage of the sun and wind patterns. 14 Maintaining and improving the quality of the environment is important to the success of this project. The General Plan identifies five (5) areas of environmental concerns: air pollution, water quality, soil pollution, solid waste disposal, and noise pollution. As proposed, the project would not violate any of those objectives. Aside from the very limited vehicular transmission, air pollution associated with the project should be negligible. All wastewater systems would be consistent with the requirements of the State Department of Health. This should be sufficient to address any potential groundwater or coastal water impacts. If required, while not necessary for a project of this nature and size, a solid waste management plan could be prepared and implemented. The project will also be minimal in noise: any noise-generating facility, such as air conditioners, would be carefully placed to minimize their noise impacts to adjoining properties. The project area is outside of any floodway. 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. Based on the State Historic Preservation Divisions determination there will be no historic sites affected by the proposed request�and subsequent improvements (Exhibit A). Nonetheless, work will cease if unanticipated archaeological remains are discovered during the development of this project. Work will resume only after proper clearances from the State and/or County have been received. While there have been sightings of the Hawaiian Hawk (I'o) or the owl (Pueo), this area is not their primary habitat. As such, the subject project should not have any significant impacts on rare or endangered plant or animal life in this area. As the RS-15 zoning would allow for thirty (30) dwellings, the project will help fulfill the objectives of the housing element by creating thirty (30) more lots. 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 urban environment. 15 As the project site is approximately three and a half (3.5) miles from the ocean, the usual coastal resources concern is not pronounced. There will be no interference with shoreline access. Then, also, through the use of septic systems or other acceptable form of wastewater system, impacts to the coastal water will be minimized. There will be marginal impact to public facilities. The wastewater system will be private, and the county water line exists to the site. Vehicular access to the site is already via a County road and accessible by emergency vehicles. Schools and other public facilities are also located proximate to the site, most of them being less than two (2) miles away. Final) in terms of the Land Use and Agricultural elements, the Y� g pertinent goals, policies, and standards of the General Plan note the following: 9 • 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 16 In view of the foregoing goals and policies, it is noted that the requested zoning would be consistent with the Low Density Urban designation of the LUPAG map. It would also be generally compatible with the surrounding area. There are some many 10,000 to 15,000+- square foot lots approximate to the subject site. The Land Study Bureau does not classify the soil of the site as it's classified as existing urban development. As such, this location meets the criteria for a residential zoning. The property has no severe topographic or geologic problems that would render the land unusable for the proposed subdivision and activity. C. Hilo Community Development Plan The Hilo CDP was adopted by the Planning Commission in 1975 over 25 years ago, and was intended to further define the General Plan and provide short and middle range implementation strategies of the General Plan. Since the adoption of the Hilo COP, there have been en significant land developments in the Cityof Hilo, includingthe P shopping complexes in and around the Puainako/Kanoelehua Intersection, expanded commercial uses near the University complexes, and commercial/industrial uses along the southern portion of the Waiakea Houselots area. These developments render many of the CDP land use concepts obsolete. Although the document was reviewed by the County Council, the CDP was never adopted by ordinance. The CDP's Land Use Concept Map identified this area as RS-10/15, which is consistent with the County General Plan LUPAG map. Therefore the proposed rezoning meets the criteria of the Hilo CDP and County General Plan LUPAG map. D. Zoning and Subdivision The designated zoning of the site is A-3a. Should the RS-15 zoning be approved, the requirements of the zoning and subdivision codes would generally be complied, including use and related development standards. These include the possible incorporation of appropriate restrictive covenants relating to density, use, and design restrictions. 17 • E. State Land Use Agricultural Standards As the State Land Use Designation is Urban the requested rezoning to RS-15 should not be contrary with the State Land Use Agriculture Standards. X. CONCLUSION Based on the consistency of the proposed change of zone request with the County's land use policies, approval the said request would be logical and reasonable. In addition, the request will help fulfil the need for additional housing options and help generate additional property tax revenue for the County during a time of an impending budget crises. Lastly, the requested density of RS-15 is consistent with the surrounding area and properties. The alternative of leaving the land in the agriculture zoning would not be a reasonable option, while other zonings of higher density could be achieved the requested RS-15 zoning compliments the existing urban nature of the area. 18 SUZANNE D.CASE 0 F"i N':'i CIIAINI'I.I:� fJA�`ID P.IGF: ' �........+,•q uo.\u,ul LAND AM/NATURAL NI..SIA IICI.S (i(I\'I10:()U UMI.\\1:\II AP'q 1959 o'•.,I J\ ,Om\II:lill,! i•r�\\,\I'I:I<RI.IRA:Ret:\IANAlil:\II'N'I' -PV �'! ROBERT K.SIASlil)A • i `N t ! III•\I i/1:1,1:1 1' os�. any ryd I } IsF, ..,Y . ,r/ .;Tho, i/.�/N !t \ ,�" nidi RSI DIRE MR•WA'1 1l �. 't). \\,......1,,,•• \ . \OL NI'II-Sill Nll gr®cr r� TI�,17 qi n ,:;.::;,,:i:3:- ----, ::::‘,2;1,- j f Illi\II\( \I)I)l11 NIf IlI 111tP •'� , I"1 ,,,,1111. „,'\,,,,,,NI 51N.CI:AI.\:\.11A\II•\'I• •7�7� 7� HAWAII l`7 ('f,:SS1:Rt',\I'U)N:\m,MA%1'.\I,LAND,: •. 'A•: • STATE 01• H(1 VV`A ii fUS;I�O•:;f117.,'AND IU:SfIL'N(ISF%I'UR(a.Nl:�l "`Cfa'r xj'm Foll4SlRy.II]Ili LUl.l41 . st ale ofH3'^j0 DEPARTMENT OF LAND AND NATURAL.RESOURCES In rolul:rae rN\•,\\ as ICAi1001.A i lel.'&11)NI.;PI' rMl}ilsgl l.,, LAM/ STATE HISTORIC PRESERVATION DIVISION SIAII PARKS KAKUHIIIEWA BUILDING . 601 KAMOKILA BLVD,STE 555 . KA POLE!.I IAWAII 96707 January 11,2018 IN REPLY REFER TO: Michael Yee, Planning Director Log No. 2017.02533 County of Hawaii Doc. No. 180 ISNO4 Pauahi Street;Suite 3 Archaeology Hilo, l--[l 96720 • Dear Mr.Yee: • SUBJECT: Chapter 6E-42 Historic Preservation Review— • County of Hawaii Grading Permit Application for the Sonomura Property Waiakea Ahupua`a,South Hilo District, Island of Hawaii . • 'FMK: (3)2-4-039:025 Thank you for the opportunity to review this grading permit application that was received by our office on November 14, 2017. The applicant proposes to clear and grub approximately 15 acres of the 26-acre parcel for boundary and topographic survey purposes. • A review of our records indicates that an archaeological inventory survey (AIS) was conducted by ASM Affiliates (Clark and Rechtman 2015) at the request of Roy Sonomura (landowner). The AIS fieldwork involved a surface survey of the entire parcel with no subsurface testing. The parcel is part of Waiakea Homesteads Lot 914, in Waiakea Ahupua`a, South Hilo District, Hawaii Island. Currently fallow and densely vegetated, the parcel was historically cultivated as Field 21, one of the Waiakea Mill Company's sugar-plantation fields. The Waiakea Sugar Plantation was established by Alexander Young and Theo H. Davis in 1879. Ainaola Drive was formerly the route for one of the narrow-gauge rail lines that carried the cane from the fields to the mill; the railroads of the Hilo Railroad Company(after 1916,the Hawaii Consolidated Railway)were in use from 1 899 to 1946.A workers'camp, Camp 5, was built beside the rail line. After a drought in 1917, the mill company's lands were gradually converted into the properties of Waiakea Homesteads, including homesteads, house lots, and cane lots. The first homesteads were created in 1919. No railroad or camp remnants were identified during the AIS, but an extensive archaeological site (Site 50-10-35- 30476) was documented. Site 30476 consists of 41 features including 29 rock mounds, 11 modified contours (mounds built against steep slopes), and one standing, piled rock wall. The Site 30476 features were interpreted as being associated with land clearing and other work related to historic plantation sugar cultivation. Site 30476 retains sufficient integrity to inform the 20th-century sugar-plantation cultivation activities on the parcel and pursuant to ' Hawaii Administrative Rules(1-IAR) §13-284-6, is significant under Criterion d,for its information potential. in a letter dated April 29, 2016 (Log, No. 2015.04420, Doc. No. 1604JA13), SHP.D concurred with .the site significance assessment, project effect determination, and the recommendation of no further work as recommended in the AiS for the parcel. As stated in that letter, pursuant to 1-IAR§13-284-7, the proposed project will result in no historic properties affected and no further archaeological work is necessary for Siie 30476. Therefor based on available information,SHPD's determination is no historic properties affected for the current project.The permit issuance process may proceed. • Exhibit A • Michael Yee January I I,2017 Page 2 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 MS)933-7651. Please contact Sean Niileimaile at (808) 933-7651 or at Sean.P.Naleimaile(a::hawaii.,ov For any questions or concerns regarding this letter. Aloha, SIA5P,ct,-, A LQA-0 Susan A. Lebo, PhD Archaeology Branch Chief cc. Jason Inaba•-•Inaba Engineering(inabaenuxivhawaii.rr.com) Roland Higashi Sonomura Rentals. LLC(rolaudhiaashi(ii hawaiiantel.net) ZENDO I RN PLANNING CONSULTANT 194 Wiwoole St. Hilo, HI 96720 Phone: 808-333-4734 E ail: info@zendokern.com August 6, 2018 • � `-_ -• Mr. Michael Yee, Director Planning Department (-• COUNTY OF HAWAII moi._:; 101 Pauahi Street _7.D Hilo, HI 96720 ' -r — -7 _z Dear Mr. Yee: Subject: Ad I itional Information - Change of Zone Application Applicant: Hilo One Incorporated Wai kea, Hilo, Hawai' TM : (3) 2-4-039: 026 Per the letter dated August 1, 201 from your office requesting additional information regarding the above referenced C ange of Zone Application, please see comments below. 1. Proposed Change of Zone ap (labeled as Figure 2): The final subdivision map (No 18-001791) shows an area on the northeasterly portion of the subject property as beim in a flood zone "AO". Since the date of the final subdivision approval the area it entified as "AO" has been reclassified to flood zone "X". Therefore, the proposed cl ange of zone map identified as figure 2 in the report is accurate and lots; 3,4,5,6 and are located in flood zone "X". Please see attached FIRM Basemap. 2. Surrounding Property Own rs and Lessees Notification. The list provided by your depa tment shall be used for all required notifications. 3. Narrative. a. Roads: Per the report provided, one of the internal subdivision roads may not be built to County Dedicable Stant ards if the applicant can get approval during the subdivision process. Th- applicant may utilize the subject roadway to access parcels being offered at the affordable housing guidelines, in the event the roadway is unacceptable the applicant will make the required revisions during the subdivision process. b. Flood Zone: As noted above the "A " flood designation affecting the northeasterly portion of the subject property has been reclassified to flood zone "X". A small portion of ZENDOERN PLANNING CONSULTANT 194 Wiwoole St. Hilo, HI 96720 Phone: 808-333-4734 E ail: info@zendokern.com proposed lot 19 is in t e "AO" flood zone, however based on the lot size and configuration a single- amily dwelling can be constructed in the area classified as flood zone "X" includi g the waste water system. Therefore, all flood zone issues have been addre sed. c. No `ohana dwellings o CPRs: It is noted that the Pla ing Department will recommend that `ohana dwellings and CPR's be restricts in the project. I will discuss this element with the applicant and respond t the appropridte time. d. No construction of a si gle-family dwelling and or related improvements in the inundation area: It is noted that the Pla ing Department will recommend restricting improvements within ti e flood inundation area. As outlined in section 1 and 3.b of this letter, flood zon- issues have been addressed. 4. Archaeological Inventor S irvey: The AIS conducted in 2015 covers the subject parcel of land. We trust that everything is in orde for your acceptance and processing of this application. If not or if there are questions rela ing to this matter, please feel free to direct them to,me. Thank you very much. Sincerely, Y ZENDO KERN Planning Consultant Enclosures Copy—Hilo One Incorporated w/ -nclosures F A As t i - y n d - - v a t� v f r� ' r� ZONE AO �• Sd�Fr�-. - 1\ `mow f - s y=,ter` � 4Q�'' (DepUtii3' N .--ZONEPa1aJ Su Adm� X el*`z se' as - i, a - _ 7.2', .-,2;=;:-/(--7 -4.2,..77>.±-,74,:r qa ,/q x� � - �� >� ya 1 ,r i�F• .As i , des 1" • 5 E, r t.P"? :; i ,--",,,:s,4:2; -. • -? '',",:ii.,--, .rte '' - Q� fF' 1 Z ttE • 1 `\ . _:::,";'1,',-":,-:,-".04,-'2 r� ry i3 C r i b iz a SP \ • 1rYr ., 1rO 12F ,.,.-0.42,,,,:4;:).F« ~ en ZONE X L • • i� v 4' j \- s�tzaldE x t � • .- \ ��' ^�'4 14541;" meq 3 �. "o ZQNE EMU' "�a a '� ;�. fit.- ,:t2','.,: '4)....•:,,,I,.;,.",.::',.-.::•:'.:1-,:::',.14..' %.;:::,, . '-',' :„..V.A:2,,r;;:- . . -. ' -.''''.2.- . ''.-.,:,4'id,',,,(.44+,-,) - ' 6 i t ms's a gw 6 ZQ lE.AE-� c�11 E,' f. „ ,E^�c2,��reJ ,-...,:-:...'i. '--.414.4'''''&,,._.,_';.'--''NiZg-lr-XV.P- - -4..1,-S,''.:47_.,.0W-V..,---,"ir.--?'.. ' -"---'-'--;,-;:- -'-: - '. - . .:49,,, ,,..::::,. -__:„.i.:Ii.,:.7.i.4 .. •.,.. -...., ,:,,,„ :„,, - ..:. ...•_„,,,_.; ,,:„.„..„:„::,....;17,._:;.,1 . ...,:,...:::ii...xzrv,`}�'r 1 ., .....-: ::::,i..„ ..;.,,„. _,.. , ..7-:"."--, 'F:L..,,._„..,,,,°._ ':;,„: L.r -j":',.:,,,,,4:4-,$41,-„::::3-.F..,-2'"-! BASEMAP FIRM BASEMAP $ • r: • # `.';' a Pti a hyla r ;� z;FLOOD,HAZARD ASSESSIVIENTTOOL LAYER LEGEND '`iii"-,....1-AV eR •sza. F .�_od H a . rd Assess .a ni Re ®r� x 'i E ,,,,- (Note legend does not correspondawuh NF,HC) j* �- s. r z I% ° www.hawaiinfip.org SPECIAL FLOOD HAZARD AREAS(SFHAs)SUBJECT TO INUNDATION BY i_t iL' 'z '.) THE 1%ANNUAL CHANCE FLOOD -The 1%annual chance flood(100- ',:'t -It* ,`s year),also know as the base flood,is the flood that has a 1%chance of -'```..:"', bein e waled or exceeded in an _ g q y given year.SFHAs include Zone A,AE, ==:=%" AH,AO,V,and VE.The Base Flood Elevation(BEE)is the water surface elevation of the 1%annual chance flood, Mandatoryflood insurance Prrpe � ��¢,-�;��� ®� otes: purchase applies in these zones: COUNTY: HAWAII l Zone A:No BFE determined. TMK NO: (3)2-4-039:025 p:.`'7.'1 Zone AE:BFE determined. WATERSHED: WAILOA -'—'`" PARCEL ADDRESS: UNKNOWN ADDRESS ' Zone AH:Flood depths of 1 to 3 feet(usually areas of ponding); HILO,HI 96720 .-,, BFE determined. g Zone AO:Flood depths of 1 to 3 feet(usually sheet flow on Flood Hazard information sloping termin);average depths determined. FIRM INDEX DATE: SEPTEMBER 29,2017 _= „ Zone V:Coastal flood zone with velocity hazard(wave action); LETTER OF MAP CHANGE(S): NONE �'�"� no BFE determined. FEMA FIRM PANEL-EFFECTIVE DATE: 1551660911F-SEPTE BER 29,2017 Zone VE:Coastal flood zone with velocity hazard(wave action); 1551660912F-SEPTE BER 29,2017 rt:Wt*. BFE determined- F' ':�"P Zone AEF: Floodway areas in Zone AE.The floodway is the '^^`- " channel of stream plus any adjacent floodplain areas that must be kept free of encroachment so that the 1%annual chance flood can be carried without increasing the BFE. NON-SPECIAL FLOOD HAZARD AREA-An area in a low-to-moderate risk THIS PROPERTY IS WITHIN A TSUNAMI EVACUTION ZONE: NO flood zone.No mandatory flood insurance purchase requirements apply, FOR MORE INFO,VISIT:http://www.scd.hawaii.gov/ but coverage is available in participating communities. THIS PROPERTY 1S WITHIN A DAM EVACUATION ZONE: NO " XS(X :Areas of 0.2% annual chance flood;areas of FOR MORE INFO,VISIT:http://dlnreng.hawaii.gov/dam/ " Zone 1%annual chanceshaded)flood with average depths of less than 1 foot or protewithcted drainagebylevees areasfrom less1%annual than 1bchance squareflood. mile; and areas fT I. N+tst .. . a y , l;l - = 0 400 800 ft Zone X:Areas determined to be outside the 0.2%annual chance floodplain. Disclaimer:The Hawaii Department of Land and Natural Resources(DLNR)assum s no responsibility arising from OTHER FLOOD AREAS the use,accuracy,completeness,and timeliness of any information contained it this reportViewers/Users are responsible for verifying the accuracy of the information and agree to indemnify the DLNR,its officers and employ- ees from any liability which may arise from its use of its data or information. tM Zone : Unstudied areas where flood hazards are undeter- '' ='zr;3 mined,0 but flooding is possible.No mandatory flood insurance If this map has been identified as'PRELIMINARY',please note that it is being provided for informational purposes purchase apply,but coverage is available in participating commu- and is not to be used for flood insurance rating.Contact your countyfloodplain meager forflood zone determina- nitres. tions to be used for compliance with local floodplain management regulations. l '"r 1 ��n.`' o r? 1 3 r `c I5 O W I • '- Q :::t� /.. , Q Y�1�a w J � ORTH Q ... p HAMA, -, STREFT • 2 ry W AO/AE Limits �\'� 1--- -k,••••••4•4 � illJ O ro Ku urau Roaa , ,. 41.:44.1.0444+:0, ....., v f 1IAIt IA!�1y f.. -T ¢ ' § :::::24'i () ¢ Z -� __—° � 265°40'- �W 1,564.73 wo 6,1 eo nve.— w u �����% ' r V r N BD 510 O Derrk b.ti u 633 a5' ' 1604091 5 43078 ,Ft;',/,4 5665dFk For FuGrr ,,..2 - -- 36785 E RdOdYldcning ° s SITE Inial(awnW9) IMP"' ilig-ri2 fposAO ' Q "HALA1 ;: � ter° p Ad,,,,f Lorr4a ' ldhiir(Depth 2) i I i m _; 1a" / \ Kay wncrs/ I , .: ry N „,!,:,...,:i:::: 19 .._ b &, kFrnAr-a Zoning:Rslo Q ,,,.::,,,,,,,,,,,,,,,,,,:f,„,,,,,,,,,,,,,,i,,,, De th 1 �O •�Ary. seiner ¢ "_,7- - ,I ( ,, > /o•C' LOCATION MAP Nan 5.1 rJ I�zQU +�I - 265°40' 56.90 j Ioj�01� Not to Scale Zontng.R5 Io^ t1 n� e _��� t PORTION OF GRANT 11,642 -TO KIKUMI HIGH MAEDOc��Le°tin K.ree __57 U IL v '/ Zoning,RSID •i! LOT I—B-1 m Trym "° t, _ �% SUBDIVISION MAF' Kim ,,, — 12.728 ACRES riii110''''LOT I—B-2 ,//o nerl //Zoning,55-ID 285°40 54 40 7/o 13.888 ACRES r QSUBDIVlSlON OF LOT 1—B 355°40'5000 ✓JI` - 294°41'- •// INTO LOT 1—B—I AND LOT 1—B-2 HOOLAL• `5T, 85.40'70.00-\ �;.: 1,M'57.72 100.34 1✓• 8°14'59” BEING A PORTION OF GRANT 11642 u 475.00 0 • t aeoj I 1 y I, q t ti t -� 1/ • 60.42 TO KIKUMI NIDA MAED_O ��"�` -p Q' Jij P k�°/ ° Q 1NAIAKEA HOMESTEADS, SECOND SERIES ra 0 ;J 85°40'161.70 IAO 1°/ . 0�' WAIAKEA, SOUTH HILO, ISLAND OF HAWAII, HAWAII sewn I Irene W !KC Kocchcra( re, '.I m (Depth 1) 0 0° '<' P zo°tng,R5-10 0 Q. 0. \P fid'/ • i- m r-355°40 9460 0•,h z`'w/ r 3 °—� 85°40'60.87 h •ry�° OWNER: Hilo One, Inc. use aa,,Nem. 0., r �— +' .._` .0 ,l,.0'Qry°�f/. 32 Poka Place ZonMg:R5-f0 ,yry, ryryary° ,�a/ ' Hilo, Hawaii 86720 al ' '/ "J w —W 1 `4 '�� �� ��o y``� 294°4!'5.00 p,N -1Hq ShcmanrownerslRobert I Q 'Co IR ' �ry�ry '00IN Or Air WO 24041'38,43 - LICENSED 9 Zanmg:Rs-lo104.56 in 297.86 '� '• � ••,, o 120°51'23.28 15 It. 85 40' 407.42 • '' * PROFESSIONAL Marcel•&Oko U y i`'�r Lowe^walokea-uko Tank LAND SURVEYOR wg(owners) / + r ' Gocety or nawau(owner) SUB-18-01791 No. 5626 z mg Rs-ro . o (� A Trig,Ste.'TANK' SUBDIVISION NUMBER wga-b'nt.ferJ 7r ';� Stole of,!swat(wner) APPROVED FOR RECORDATION with the Bureau of y Q•• I'' Y Da ml s.c cndy'L isa faresel g. 010!boxers) ryLf1 z mg;Ao / - Conveyances,State of Hawaii gwAI I, v• zoning:R5-10 165.32 m / Thi work Was prepared by m •65°40' ' gh' - m. 1 under supervision. a ° PI.nning Directs,Cr of Hawaii �• °°w JUN 3. 2018 •, / / oral c Nota Dkano rrs! :\�,ant 9861 to YaShiko Ikctfa � �Ir� enrolee Noble Mono Trst Data; I N Zoning:A-3a - / \ �° F 6_ J•�ry ;0,2016 F rayl..,K r k Kalpo f Geilly RobM m r rownerl ra.+ne s, i �' a • zonug.Rs rs Zonhg_'R5 r5 7S License Exp: April 30,2018 m NOTES, - Q • I. Lot zoning: Ag-3a GRAPHIC SCALE 2. Flood Zone shown transposed from FEMA FIRM Panels 051660,411F a 1551660912F,Effective Date: September 29,2017. 200 0 100 200 400 3 3. Location of existing off-site improvements transposed from mop by others and are approximate. µ 9 Y lin. =200 ft. TAX MAP KEY: 3rd DIV. 2-4-3c1:25 INABA ENGINEERING, INC. 10'x15" = 2.1cl Sq.Ft. CIVIL ENGINEERING'LAND SURVEYING IEI 1117044 •F8 u 273 Waianuenue Ave.'Hilo,Hawall 96720 Planning Dept. Exhibit,7 } r cs 2318 SPP 2;) `11 ? u DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII PLAt,if-'' . t 'ENT , HILO, HAWAII , Jr- F Wii DATE: September 25, 2018 Nefettinaldiafit TO: Michael Yee, Planning Director,, FROM: 4Deadmen1of Public Works, Engineering Division SUBJECT: CHANGE OF ZONE APPLICATION (REZ 18-000228) Request: A-3a to RS-15 Applicant: Hilo One Incorporated TMK: 2-4-039:026 Sorry for the delay. We have reviewed the subject request forwarded by your memo dated August 20, 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 and Zone AO 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. Zone AO is the special flood hazard area that corresponds to the areas of one-hundred-year shallow flooding (usually sheet flow.on sloping terrain) where average depths are between one and three feet. During the 2000 storm, the open ditch fronting the property on Haihai Street over topped. Therefore, we recommend that a licensed engineer design for the deepening of the entire length of the ditch which will also account for the culvert road crossing for the subdivision. The applicant shall be responsible for the design and construction. Install streetlights and traffic control devices as may be required by the Traffic Division, Department of Public Works: The applicant shall be responsible for the design, purchase, and installation of such devices. Questions may be referred to Robyn Matsumoto at 961-8924. SC- Planning C-.P antilIng Dept • I sE 5 101 b By: -L20775 1 Exhibjt 3 i o „,I OF �mRSGs Y' 19i k:. y��1 Y�49 jy£. x� ° { ` ` 41r DEPARTMENT OF WATER SUPPLY e COUNTY OF HAWAII ya'r 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720 oFfix0;001arYTt'r � uwgmru � 3 TELEPHONE (808) 961-8050 • FAX (808) 961-8657 October 2, 2018 TO: Mr.Michael Yee, Director -t; Planning Department ;r, c FROM: Keith K. Okamoto, Manager-Chief Engineer —f SUBJECT: Change of Zone Application (REZ 18-000228) Applicant—Hilo One Incorporated Request: A-3a to RS-15 T —�� Tax Map Key 2-4-039:026 ya� We have reviewed the subject application and have the following comments and conditions. --% ---I Please be informed that the subject parcel can be served by a 5/8-inch meter, which is limited to an average daily usage of 400 gallons and suitable for only one single-family dwelling. Water can be made available from the end of an existing 8-inch waterline within Haihai Street or the end of an existing 6-inch waterline within Hoolala Street, fronting the subject parcel, in accordance with the Department's existing water availability conditions, which are subject to change without notice. Therefore, pursuant to Rule 5 of the Department's Rules and Regulations, a copy of which is being forwarded to the applicant, a water commitment may be issued. Based on the additional 29 units of water requested in the proposed 30-lot development,the required water commitment deposit is $4,350.00. Remittance by the applicant of the deposit is requested as soon as possible so that a water commitment may be formally issued. The commitment will be in writing with specific conditions and effective dates stated. Please keep in mind that this letter shall not be construed as a water commitment. In other words, unless a water commitment is officially effected, water availability is subject to change without notice, depending on the water situation. For the applicant's information, final subdivision approval will be subject to compliance with the following requirements: 1. Construct necessary water system improvements, which shall include, but not be limited to: a. water mains capable of delivering water at adequate pressure and volume under peak-flow and fire-flow conditions; minimum diameter of mains shall be 6 inches, from the end of an existing waterline, extending into the subdivision, Planning pt% b. a service lateral that will accommodate a 5/8-inch meter to the additional lot,Exhibit c. fire hydrants spaced no more than 600 feet apart and within 300 feet of the dr e waoa L ssl for each lot, and ' .rr :'a OCJjJ 018 Water, Our Jliost Precious resource . . . Wai A vane. . ' 10, The Department of Water Supply is an Equal Opportunity provider and employer. ?� • • Mr. Michael Yee Page 2 October 2,2018 d. subject to other agencies' requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development, the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities, should they be necessary. Construction plans, prepared by a professional engineer registered in the State of Hawai`i, showing the above improvements must be submitted for review and approval. 2. Remit the prevailing facilities charge, which is_subject to change, as shown below: FACILITIES CHARGE(FC): 29 additional units a,$5,500.00/unit $159.500.00 Total FC $159,500.00 These are due and payable upon completion of the installation of the required water system improvements and prior to final subdivision approval being granted. For your information, water commitment deposits are credited towards the final facilities requirement for the development. Note that the amount of water commitment deposit may exceed the prevailing facilities charge amount; for example, when requests for time extensions continue and are approved. Until the development is finally completed,these are separate and unrelated items. In the event that water commitment deposits exceed the facilities charge, no refunds are applicable. 3. Submit the appropriate documents, properly prepared and executed,to convey the water system improvements and necessary easements to.the Water Board of the County of Hawai`i prior to final subdivision approval being granted. A registered land surveyor shall stamp and certify the metes and bounds description within the conveyance documents.However,prior to water meter services being granted to the development, or any lots within,the conveyance documents shall be accepted by the Water Board. Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at 961-8070, extension 256. Sincerely yours, /' Keith K. Okamoto,P.E. Manager-Chief Engineer RQ:dfg copy— Hilo One Incorporated(w/copy of Rule 5 of the Rules and Regulations) Inaba Engineering, Inc. "Harry Kim ` - William A. Kucharski Mayor 2&,:'/:* Director Wilfred M.Okabe COTE pp �l�'` Diane,A.Noda Managing Director Deputy Director Clintt of7. nr`r DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanao`a Street,Suite 41 •Hilo,Hawai`i 96720 Ph:(808)961-8083•Fax:(808)961-8086 cohdem@co.hawaii.hi.us http://www.hawaiicounty.gov/environmental-management/ rte, _l' �-- _` r-n MEMORANDUM TO: Michael Yee, Director Planning Department C`J , FROM: William A. Kucharski, Director , fr • S_y Environmental Management De 4, n _i. DATE: September 5,2018 SUBJECT: Change of Zone Application(REZ 18-000228) • Applicant: Hilo One Incorporated Request: A-3a to RS-15 Tax Map Key: (3) 2-4-039:026 The Solid Waste Division has reviewed the subject application and offers the following comments and/or recommendations (contact the Solid Waste Division for details): (X) No comments. ( ) Commercial operations, State and Federal agencies, religious entities and non-profit organization may not use transfer stations for disposal. ( ) Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. ( ) Ample and equal room should be provided for rubbish and recycling. ( ) Green waste may be transported to the green waste sites located at the West Hawai`i Organics Facility and East Hawai`i Organics Facility, or other suitable diversion programs. ( ) Construction and demolition waste is prohibited at all County Transfer Stations. ( ) Submit Solid Waste Management Plan in accordance with attached guidelines. ( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. ( ) Other: c:RD i f 12024 County of Hawaii is an Equal Opportunity Provider and Employer Pl a nn ng Dept. Exhibit S Mr. Michael Yee, Director September 5, 2018 Page 2 The Wastewater Division has reviewed the subject application and offers the following comments and/or recommendations (contact the Wastewater Division for details): (X) No comments. ( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawai`i County Code. ( ) Require Council Resolution to approve sewer extension in accordance with Section 21- 26.1 of the Hawai`i County Code. Complete Sewer Extension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawai`i County Code. ( ) Check or line out as applicable: [ ] If required by the Director of the Department of Environmental Management ("Director of DEM"), [ ] applicant shall conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. Applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require,which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief for details. ( ) Other: WK:mef Iv Harry Kim °J���of H��".� Paul K.Ferreira Mayor jA+,��i Police Chief • •+�lri.DF;4k14 Kenneth Bugado Jr. Deputy Police Chief County of Hawaii POLICE DEPARTMENT 349 Kapiolani Street • Hilo,Hawai'i 96720-3998 (808)935-3311 ® Fax(808)961-8865 ,_' T August 30, 2018 �- TO : MICHAE YE PLANING DIRE TOR FROM : MITC LL KANEHAILUA, J'., ASSISTANT POLICE CHIEF AREA OPERATIONS BURE;N SUBJECT: CHANGE OF ZONE APPLICATION (REZ 18-000228) APPLICANT: HILO ONE INCORPORATED; REQUEST: A-3A TO RS-15 TAX MAP KEY: 2-4-057:039:026. Staff, upon reviewing the provided documents, does not anticipate any significant impact to traffic and/or other public safety concerns. Thank you for allowing us the opportunity to comment. If you have any questions, please contact Captain Gregory M. Esteban, South Hilo Patrol District Commander, at (808)961-2214 or via e-mail at- gregory.esteban(u�hawaiicounty.gov. GE:IIi/180811 A,.,,f 3 1 7018 "Hawaii County is an Equal Opportunity Provider and Employer" Nanning Dep 9. Exhibit { ,=> �S L,..._..Hq SUZANNE D.CASE DAVID Y.IGE v'�• Iss9'„ '` CHAIRPERSON c: v GOVERNOR OF HAWAII •"°':'• BOARD OF L AND AND NATURAL RESOURCES i Fl p j.;a s• .}.' CO\IJIISSION ON WATER RESOURCE i•LA:VAGESIENT 0..,,t-K7and,y %:. ; ?@ �R r YDS-, ism+ 1 "n'�'tv A`• _. t..,.i r.,,-.--..-‘, STATE OF HAW'MI :1� rn Stare ofH=`KI' DEPARTMENT OF LAND AND NATURAL RESOURCES —-- LAND DIVISION __ — POST OFFICE BOX 621 HONOLULU,HAWAII 96809 -- September 18, 2018 =-1 County of Hawaii Planning Department Attention: Ms. Shancy Watanabe via email: shancy.watanabe(cr�hawaiicounty.gov 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Watanabe: SUBJECT: Change of Zone Application (REZ 18-000228)from A-3a to RS-15 • located at Waiakea, South Hilo, Island of Hawaii; TMK: (3) 2-4-039:026 for Hilo One Incorporated Thank you for the opportunity to review and comment on the subject matter. The Land Division of the Department of Land and Natural Resources (DLNR) distributed or made available a copy of your request pertaining to the subject matter to DLNR's Divisions for their review and comments. At this time, enclosed are comments from the Land Division — Hawaii District on the subject matter. Should you have any questions, please feel free to call Darlene Nakamura at (808) 587-0417. Thank you. Sincerely, Russell Y. Tsuji Land Administrator Enclosure cc: Central Files , - rNNED-----.,4 S r.L, f� a 3L. 1 2 0 2018 Planning Dept, __ Exhibit j iik SEP 212018 O 3F3 . „h,y Y I SUZANNE D.CASE DAD Y.IGE i.p:(?t- }*� ,_� a?�,-,is ss �:, 'CHAIRPERSON 'OVERNOR OF HAWAII '�. y BOARD OF LAND AND NATURAL RESOURCES J:11 j (1; f i^I ; t t_ ---C-4- 3 COMMISSION ON WATER RESOURCE .L1 1 .) �.,;, [l. MANAGEMENT ,hand and iv {y'{'s �r . ''. '177",.4V:. fr G`J -,,.•%., ✓Q' ;: S . �; A nCit.L...y ." i ` 1 i s I, , ,' :. 2 t. `,CJ �" E STA E Ol HAWAII SrareofHav,a.t !:.,DIr NT QF JNgDV.SWANNATURAL RESOURCES rEC t LSEOFFICEBOX621 • LAND 0I r pJU.HAWAII 96809 September 5, 2018 MEMORANDUM TO: DLNR Agencies: Div. of Aquatic Resources Div. of Boating & Ocean Recreation X Engineering Division X Div. of Forestry&Wildlife Div. of State Parks X Commission on Water Resource Management _Office of Conservation & Coastal Lands X Land Division — Hawaii District X Historic Preservation "rQ , SROM: Russell Y. Tsuji, Land Administrator SUBJECT: Change of Zone Application (REZ 18-000228) from A-3a to RS-15 LOCATION: Waiakea, South Hilo, Island of H.1 . -', k K: (3 2-4-039:026 APPLICANT: Hilo One Incorporated Transmitted for your review and comment is information on the above-referenced subject matter. We would appreciate your comments by September 17, 2018. If no response is received by this date, we will assume your agency has no comments. If you have any questions about this request, please contact Darlene Nakamura at 587-0417. Thank you. ( ) We have no objections. ( ).,fWe have no comments. ( t'S Comments are attached. i Signed: : Print Name: ,,pj 4-1 -��/ / Date: - X - �l Attachments • cc: Central Files o F SUZANNE D.CASE DAVID Y.IGE •,:� . _.,sass -.yam\ CHAIRPERSON GOVERNOR OF HAWAII BOARD OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE \RN CEMENT t.and and V ,1''t '.` .,.j .. __ x r, STATE O; HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOLULU,HAWAII 96809 September 12, 2018 MEMORANDUM TO: Russell Y. Tsuji, Land Administrator • FROGI'I., Candace Martin, Land Agent, HDLO���Il' ,� SUBJECT: Change of Zone Application (REZ 18-000228) from A-3a to RS-I5, Waiakea, South Hilo, Island of Hawaii; TMK: (3) 2-4-039:026. In response to your change of zone application request for comments dated September 5, 2018 on the above referenced subject matter, we offer the following: The I-Iawaii District Land Office has no objections to the proposed change of zoning for the subject property. However, as•an FYI, the"CHANGE OF ZONE MAP" indicates a Kikala Street Extension. The actual street extension is Kikaha Street. While not pertinent to the change of zoning, the error should be corrected early in the process. If you have any questions, please feel free to contact me at (808) 961-9590. Thank you. • • • • • it it i S • ' 5E^❑,F,Mq,, �` n SUZANNE D.CASE DAVID Y.IGE /n�}{ SCI) 1 f C1y�{ HAIRPERSON GOVERNOR OF HAWAII -lli L!Li _ I �fii OAR AND NATURAL RESOURCES rF ❑ '!i�,.,i$ y USSION ON WATER RESOURCE •{'-'kf EIANAGE\IENT 0,4 and AAd . i1 iraj''•,Ci 1 - ENT J * Ys` #Tri i ❑ z r STATE OF HAWAII fA�teafHava" DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOLULU,HAWAII 96809 September 20, 2018 County of Hawaii Planning Department Attention: Ms. Shancy Watanabe via email: shancv.watanabe a�?hawaiicountv.gov 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Watanabe: SUBJECT: Change of Zone Application (REZ 18-000228)from A-3a to RS-15 located at Waiakea, South Hilo, Island of Hawaii; TMK: (3) 2-4-039:026 for Hilo One Incorporated Thank you for the opportunity to review and comment on the subject matter. In addition to our previous comments dated September 18 and 19, 2018, enclosed are comments from the Engineering Division on the subject matter. Should you have any questions, please feel free to call Darlene Nakamura at (808) 587-0417. Thank you. Sincerely, Russell Y. Tsuji Land Administrator Enclosure cc: Central Files TO 0; 8 :\\ \\Y .\ �� '2+o.F,M':.,. SUZANNE I CAST{ oawo v,iceON -'.'Nss o-:-�4: cu NINA UIL • GOVERNOR OFHAV/All +� --•y` BOARD OP LAND A\I;V,\'fUR-1LSOLRC RESOURCES a ['OMISSION ON WATER RESOURCE I I \4\\A GENII'I .j ��^1.. Tari , .�anJandiya s. - r e '- _- . mak'. STATE OF HAWAII tete of Hal f`' DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION. '''...,."..;:,-;: , em � ._` POST OFFICE BOX 621 s HONOLULU,HAWAII 96509 = September 5, 2018 MEMORANDUM :, TO: DLNR Agencies: '` _ ,A _Div. of Aquatic Resources ` '"` Div. of Boating & Ocean Recreation } ' X Engineering Division X Div. of Forestry &Wildlife Div. of State Parks X Commission on Water Resource Management _Office of Conservation & Coastal Lands _ X Land Division— Hawaii District X Historic Preservation ..1 FROM: Russell Y. Tsuji, Land Administrator .. SUBJECT: Change of Zone Application (REZ 18-000228) from A-3a to RS-15 LOCATION: Waiakea, South Hilo, Island of H I K: (3 2-4:039:026 APPLICANT: Hilo One Incorporated Transmitted for your review and comment is information on the above-referenced subject matter. We would appreciate your comments by September 17, 2018. .• If no response is received by this date, we will assume your agency has no comments. If you have any questions about this request, please contact Darlene Nakamura at 587-0417. Thank you. ( ) We have no objections. ( ) We have no comments. (,/ ) Comments arettached. l J Signed: , , i ;� 2 G(y . G // Chief hief Engineer .Print Name: Date: c/)/( //fit Attachments cc: Central Files . ' DEPARTMENT OF LAND AND NATURAL RESOD q + a 1 ENGINEERING DIVISION � �: _ � pp (( LD/Russell IL Tsuji Ref: Change of Zone Application (REZ 18-000228) from A-3a to RS-15, Waiakea, • South Hilo,Island of Hawaii; 'FMK: (3) 2-4-039:026 • COMMENTS The rules and regulations of the National Flood insurance Program (NFIP), Title 44 of - the Code of Federal Regulations (44CFR), are in effect when development falls within a V Special Flood Hazard Area(high risk areas). State projects are required to comply with 44CFR regulations as stipulated in Section 60.]2. Be advised that 44CFR reflects the minimum standards as set forth by the NFIP. Local community flood ordinances may stipulate higher standards that can be more restrictive and would take precedence over the minimum NFIP standards. • The owner of the project property and/or their representative is responsible to research the Flood Hazard Zone designation for the project. Flood Hazard Zones are designated on FEMA's Flood Insurance Rate Maps (FIRM), which can be viewed on our Flood Hazard Assessment Tool (FHAT) (http://gis.hawaiinfip.org/FHAT). • If there are questions regarding the local flood ordinances, please contact the applicable County NFIP coordinating agency below: ii o Oahu: City and County of Honolulu, Department of Planning and Permitting (808) 768-8098. o Hawaii Island: County of Hawaii, Department of Public Works (808) 961-8327. o Maui/Molokai/Lanai County of Maui; Department of Planning (808) 270-7253. • • o Kauai: County of Kauai, Department of Public Works (808) 241-4846. • : , V Signed: CARTY?S-.0NG,eHIEF ENGINEER Date: ' 7 /7cEL. ii .�;4LH.. H SUZANNE D.CASE • DAVID Y.IGE 9;c� K l95 • 'y .. CHAIRPERSON GOVERNOR OF HAWAII P6 : 3 BOARD OF LAND AND NATURAL RESOURCES' • 0 CO'1\ltSS1O\ON WATER RESOURCE =11- ? D1NAGE\IENT ` ' I4, °� °�d andvai .BSc ` 3'41.-4?v : +> ' r es.ifr . ,,5_.:' " STATE OF IIAWAH • 't'ate011-la' s DEPARTMENT OF LAND AND NATURAL RESOURCES .v LAND DIVISION 72- a—.. r-. cxp POST OFFICE BOX 621 "' CD £ HONOLULU,HAWAII 96809 • r� _ro • • September 19, 2018 —_.- ,,,T, - .-.`I - --I I County of Hawaii Planning Department Attention: Ms. Shancy Watanabe via email: shancy.watanabe(@,,hawaiicounty.gov 101 Pauahi Street, Sdite 3 Hilo, Hawaii 96720 • Dear Mr. Watanabe: I SUBJECT: Change of Zone Application (REZ 18-000228)from A-3a to RS-15 located at Waiakea, South Hilo, Island of Hawaii; TMK: (3) 2-4-039:026 for Hilo One Incorporated Thank you for the opportunity to review and comment on the subject matter. In addition to our previous comments dated September 18, 2018, enclosed are comments from the Division of Forestry & Wildlife on the subject matter. Should you have any questions, please feel free to call Darlene Nakamura at (808) 587-0417. Thank you. Sincerely, /7/ • • Russell Y. Tsuji Land Administrator Enclosure cc: Central Files . { 1 I 1( I d I SCANNED , 1 s SEP 20 2018 .' • w /1 „j',: ,9,F,H,y--.y SUZANNE D.CASE DAVID Y.IGE r%Pr".,tiSS Raj CHAIRPERSON GOVERNOR OF HAWAII 'o - 91 BOARD OF LAND ANDN#,TURIL RESOURCES r ,y c, COMSIISSI ON ON WATER RESOURCE. • ��� 1 MANACEIIENT dand if 'a o Lan ,v ^ 6�.-r a ""'YYSZA� OFHAWAII Stareort-to DEPARTMENT OF LAND AND NATURAL RESOURCES i. LAND DIVISION POST OFFICE BOX 621 - HONOLULU,HAWAII 96809 , `- . ii September 5, 2018 • MEMORANDUM ,. 70: DLNR Agencies: -� _Div. of Aquatic Resources Div. of Boating & Ocean Recreation X Engineering Division X Div. of Forestry &Wildlife Div. of State Parks X Commission on Water Resource Management _Office of Conservation & Coastal Lands - X Land Division— Hawaii District X Historic Preservation FROM: 11 w Russell Y. Tsuji, Land Administrator • SUBJECT: Change of Zone Application (REZ 18-000228) from A-3a to RS-15 LOCATION: Waiakea, South Hilo, Island ofH , K: (3 2-4-039:026 APPLICANT: Hilo One Incorporated I Transmitted for your review and comment is information on the above-referenced subject matter. We would`appreciate your comments by September 17, 2018. • If no response is received by this date, we will assume your agency has no comments. If you have any questions about this request, please contact Darlene Nakamura at 587-0417. Thank you. • ( We have no objections. • _ ( ) We have '-0 com 's. pay 1-14, :4.; ,..,cJ,,„rosswk.1 ( ) Commen .1 . al-Ai 1 td. , Signed: , I .3 i Print Name: DAVID G.SMITH,Administrator gi���t$ Date: y , Attachments - 'i cc: Central Files 1 , l j • DAVID Y.IGE „::,79.9 ( - BRUCE S.ANDERSON PhD. F GOVERNOR OF HAWAII ............ DIRECTOR OF HEALTH is i ' fOl l ' ...'.r '- a,,7'O G"t]Aoe, STATE OF HAWAII DEPARTMENT OF HEALTH r” P.O.BOX 916 -g t HILO, HAWAII 96721-0916 r1j ' n—y MEMORANDUM - ?J DATE: . September 5, 2018 -> rt. r TO: Mr. Michael Yee Planning Director, County of Hawaii FROM: Eric Hondaer District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ-18-000228) Applicant: Hilo One Incorporated Request: A-3a to RS-15 TMK: 2-4-039:026 The applicant would need to meet the requirements of our Department of Health Air Pollution Rules, Chapter 60.1, Title 11, State of Hawaii for fugitive dust control. If there is need to discuss these requirements, please contact our Clean Air Branch staff at Ph. 933-0401. The Department of Health (DOH), Clean Water Branch (CWB), acknowledges receipt of the subject document on date . 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 requiredif your Flanntn9 e o project/activity: Exhibit - 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). P fl r (77.N ,7202.8 rt�• ysSES1. Mic ae ` -ee' September 5, 2018 Page 2 of 4 Scs 0) Examples of"discharge" include, but are not limited to, allowing the 94 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. ermit/. 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/cwh/. ® National Pollutant Discharge Elimination System (NPDES) permit coverage is required for: -Storm water associated with construction activities for land disturbances of one (1) acre or more. Land disturbance includes, but is not limited to, clearing, grading, grubbing, excavation, demolition, uprooting of vegetation, equipment staging, and storage areas. -Storm water associated with industrial activities for facilities with Standard Industrial Classification Codes regulated in 40 CFR 122.26(b)(14)(i) through (ix) and (xi). • -Storm water and certain non-storm water from a small Municipal Separate Storm Sewer System. -Discharges of water pollutants into State surface waters. Examples of these discharges include, but are not limited to, cooling water, hydrotesting waters, dewatering effluent, and process wastewater. -Discharges from the application of pesticides (including pesticides, herbicides, fungicides, rodenticides, and various other substances to control pest)to State waters. An application for an NPDES individual permit must be submitted at least 180 • calendar days before the-commencement of the discharge or start of construction activities. To request and NPDES individual permit, you must complete and Michael Yee September 5, 2018 Page 3 of 4 submit the NPDES individual permit application. This application is available on the e-Permitting Portal website located at: httns://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. ov er i 1 t „�. /ep _mit,. 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 • ® 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. • E' ( Michael Yee September 5, 2018 Page 4 of 4 • Construction activities must comply with the provisions of Hawaii Administrative Rules, Chapter 11-46, "Community Noise Control." 1.. The contractor must obtain a noise permit if the noise levels from the construction activities are expected to exceed the allowable levels of the rules. 2. Construction equipment and on-site vehicles requiring an exhaust of gas or air must be equipped with mufflers. 3. The contractor must comply with the requirements pertaining to construction activities as specified in the rules and the conditions issued with the permit. Should there be any questions on this matter, please contact the Department of Health at 933- 0917. Lands formerly used for sugarcane production are now being developed into communities where residential homes, schools and commercial businesses are being constructed. Chemicals associated with the sugarcane industry persist in soil today and may be a threat to public health and the environment. Elevated arsenic levels were discovered in soil at former sugarcane production areas on the islands. The HEER Office has identified former sugarcane production areas for assessment throughout the state and plans to work with property owners to conduct • environmental assessments to identify and address elevated soil arsenic levels prior to finalizing . development plans for the properties. • We recommend that you review all of the Standard Comments on our website: http://hawaii.gov/health/environmental/env-planning/landuse,/landuse.html. Any comments specifically applicable to this project should be adhered to. The same website also features a Healthy Community Design Smart Growth Checklist (Checklist) created by Built Environment Working Group (BEWG) of the Hawaii State Department of Health. The BEWG recommends that state and county planning departments, developers, planners, engineers and other interested parties apply the healthy built environment principles in the Checklist whenever they plan or review new developments or redevelopments projects. We also ask you to share this list with others to increase community awareness on healthy community design. ZENDO KERN PLANNING CONSULTArvT 194 Wiwoole St. Hilo, HI 96720 Phone: 808-333-4734 ?FIB UT f' An 71 05 Email: info@zendokern.com PL/1.N •E,? \i LNT October 8, 2018 COUNTY OH HAWAII Mr. Keith K. Okamoto, Manager-Chief Engineer Department of Water Supply COUNTY OF HAWAII 345 Kekuanaoa Street. Suite: 20 Hilo, HI 96720 • Dear Mr. Okamoto: Subject: Water Commitment Deposit Change of Zone Application (R.EZ 18-000228) Applicant: Hilo One Incorporated • Waiakea, Hilo, Hawai'i, TMK: (3) 2-4-039: 026 Transmitted here within is check#: 1062 in the amount of$4,350.00 for the water commitment deposit to secure 29 additional water units for the above referenced change of zone application. I trust that everything is in order for your acceptance and processing of this payment. If not or if there are questions relating to this matter, please feel free to direct them to me. Thank you very much. Sincerely, ZENDO KERN Planning Consultant Copy: Hilo One Incorporated • • (County of Hawaii Planning Department r. Planning epto Exhibit - �°..�- et#'.I " -pray �-- --- q"0-.IIIIU /w h� FLA vB,e" ®+ r1o9 ti:ok s DEPART ENT OF W,`' TER SUPPLY ° COUNTY OF HAW ' kr,o ,O1 .'�j ` 345 KEKUANAO'A STREET, SUITE 20 a HILO, HAWAI'I 96720 4;kipnp y p1\ fix TELEPHONE (808) 961-8050 FAX (808) 961-8657 K1t4 ,m October 9, 2018 Mr. Zendo Kern -_- _ F Zendo Kern Planning Consultant - 194 Wiwoole Street Hilo, HI 96720 3 \) Dear Mr.Kern: Subject: Water Commitment for Change of Zone Application (REZ 18-000228) Applicant—Hilo One Incorporated Request: A-3a to RS-15 Tax Map Key 2-4-039:026 This is to acknowledge receipt of the required $4,350.00 water commitment deposit for the subject application. We are enclosing Receipt No. 291779 for your files. Pursuant to Rule 5 of the Department's Rules and Regulations, a water commitment for the proposed 30-lot development in the amount of 11,600 gallons per day, or 29 additional units of water at an average of 400 gallons per day, per unit, is hereby granted until October 31,2021, with the following conditions: 1. Construct necessary water system improvements,which shall include, but not be limited to: a. water mains capable of delivering water at adequate pressure and volume under peak-flow and fire-flow conditions; minimum diameter of mains shall be 6-inches,from the end of an existing waterline, extending into the subdivision, b. service lateral that will accommodate a 5/8-inch meter to the additional lot, c. fire hydrants spaced no more than 600 feet apart and within 300 feet of the driveway or access for each lot, and d. subject to other agencies' requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development,the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities, should they be necessary. Construction plans, prepared by a professional engineer registered in the State of Hawai`i, showing the above improvements must be submitted for review and approval. 2. Remit the prevailing facilities charge, which is subject to change, as shown below: A4 F 2 �r 2fl . . . Water, Our MM�lost Precious Resource . . . 7(a Wal A ?(ane. . . ; 10 ° The Department of Water Supply is an Equal Opportunity provider and employer. • Mr. Zendo Kern Page 2 October 9, 2018 FACILITIES CHARGE(FC): One(1) existing service 0.00 29 additional units (a,$5,500.00/unit $159,500.00 Total FC $159,500.00 WATER COMMITMENT DEPOSIT CREDIT(WCD): 29 additional units @,$150.00/unit ( 4,350.00) Total Amount $155,150.00 These are due and payable upon completion of the installation of the required water system improvements and prior to final subdivision approval being granted. For your information, water commitment deposits are credited towards the final facilities requirement for the development. Note that the amount of water commitment deposit may exceed the prevailing facilities charge amount; for example, when requests for time extensions continue and are approved. Until the development is finally completed, these are separate and unrelated items. In the event that water commitment deposits exceed the facilities charge, no refunds are applicable. 3. Submit the appropriate documents, properly prepared and executed,to convey the water system improvements and necessary easements to the Water Board of the County of Hawai`i prior to final subdivision approval being granted. A registered land surveyor shall stamp and certify the metes and bounds description within the conveyance documents. However, prior to water meter services being granted to the development, or any lots within,the conveyance documents shall be accepted by the Water Board. 4. Comply with all other applicable policies and requirements of the Department's Rules and Regulations. • Noncompliance may be cause for voiding this water commitment, at which time availability will be subject to change in accordance with prevailing water system conditions,policies, and Rules and Regulations. Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at 961-8070, extension 256. Sincerely yours, Keith K. Okamoto, P.E. Manager-Chief Engineer RQ:dfg Enc. copy—'�lanning Department Hilo One Incorporated Inaba_Engineering, Inc. HILO ONE INCORPORATED • CHANGE OF ZONE APPLICATION (REZ 18-000228) REVISED CONDITION E E. The applicant shall be responsible.for design and construction by a licensed engineer for the deepening of the entire length of the open ditch fronting the property along Haihai Street, which will also account for the culvert road crossing for the subdivision, meeting with the approval of the Department of Public Works. • A • RHiloOneREZ18-228.jwd 11-05-18 COUNTY OF HAWAII PLANNING DEPARTMENT REVISED RECOMMENDATION HILO ONE INCORPORATED CHANGE OF ZONE APPLICATION (REZ 18-000228) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation of the Change of Zone request be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant is requesting a change of zone from Agricultural 3-acre (A-3a) to Single-Family Residential 15,000 square feet (RS-15) to subdivide the property into thirty(30) lots. According to the application, the subdivided lots will be sold on the open market to the general public. The proposed subdivision will be accessed via Haihai Street, creating the Kikala Street extension. Ho`olala Street will also be extended creating the main ingress and egress points to the subdivision. Two (2) cul-de-sacs will be built within the subdivision to access various lots. All newly created roadways will be constructed to County dedicable standards, with the exception of one (1) cul-de-sac, which will be a private road. All lots will have County water and the subdivision will have.fire hydrants, as well as overhead utility lines for power, phone and cable services. There is no County sewer system in the area, so the owners will construct individual • septic wastewater systems meeting with the approval of the Department of Health. The applicant hopes to secure the necessary County rezoning approvals as soon as possible. The applicant hopes to secure tentative subdivision approval by the middle of 2019. The applicant will construct the necessary improvements and hopes to obtain final subdivision approval in 2 years. The estimated cost of the improvements for the project is approximately$2 million. The applicant is the landowner of the property. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions • can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The Change of Zone request from Agricultural 3-acre (A-3a) to Single- Family Residential 15,000 square feet (RS-15) conforms to the goals, policies and ' standards of the General Plan Land Use-Single-Family Residential Element. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land Use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately-owned resources. The proposed change of zone will be consistent with the following goals, policies and standard of the Land Use-Single-Family Residential Element of the General Plan: • To maximize choices of single-family residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single-family residential zoned areas. ® - Require developers to provide basic infrastructure necessary for development. • Areas shall have basic improvements and amenities necessary for immediate use. The requested change of zone conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The property is designated Low Density Urban, which reflects single-family residential uses in the area. • The property is a roughly triangular in shape and is 12.728 acres in size and is located on the south side of Haihai Street, across from Lei Lehua Street. The property was part of a subdivision in 2018 (SUB 18-01791), which subdivided TMK: 2-4-039:025 -2- into two (2) parcels, including the subject parcel. The intersection of Haihai Street and Ainaola Drive is approximately 930 feet to the east: The subject property is currently vacant of uses and structures. The property has been previously cleared and is overgrown with non-native plants and other invasive species. Although ohana dwellings are permitted in the County's Residential zoned district, a condition will be included to incorporate restrictive covenants in the deed of all lots to prohibit ohana dwellings on the lots. The applicant's proposal to subdivide the property into thirty lots is consistent with the Low Density Urban designation. This designation reflects the existing low- , density residential development in this area of Waiakea Uka. The area is predominantly urban and residential in character with some agricultural lots. Properties to the northwest and west are zoned Single-Family Residential (RS-10 &RS-15). Properties to the north and east are zoned Agricultural (A-3 a & A-1 a). Properties to the south are zoned Single- Family Residential (RS-10) and Agricultural (A-3a & A-1a). The majority of the area is within the State Land Use Urban district, including the subject property. The proposed change of zone would complement the existing land uses in this area and will provide for an orderly development of the area. All utilities and services are available to the site. The proposed lots will have access from Haihai Street, which is a County roadway with a 24-foot wide pavement with three (3) to four (4)-foot-wide shoulders within a 60-foot right-of-way. The access from Haihai will connect and create the Kikala Street extension as well as the Ho`olala extension. Ho`olala Street will also be extended creating the main ingress and egress points to the subdivision. There will be two (2) cul-de-sacs built within the subdivision to access various lots. All newly created roadways will be constructed to County dedicable standards, except for one (1) cul-de-sac, which will be a private road. The Department of Public Works recommended the following: ® During the 2000 storm, the open ditch fronting the property on Haihai over topped. Therefore, we recommend that a licensed engineer design for the deepening of the entire length of the ditch which also account for the culvert road crossing for the subdivision. The applicant shall be responsible for the design and construction. -3- The Planning Department will add this condition as well as other standard conditions that the applicant comply with the requirements of the Department of Public Works for the interior roadways and any other roadway improvements, including the installation of street lights and traffic control devices that may be required. According to the Department of Water Supply, water can be made available from the end of an existing 8-inch waterline within Haihai Street or the end of an existing 6- inch waterline within Ho'olala Street fronting the subject parcel. The applicant proposes to use septic systems, meeting with the approval of the State Department of Health. Solid waste will be handled by commercial haulers or individual homeowners into authorized landfill sites or transfer stations. Electricity and telephone services are available to the • site. The nearest fire station is located on Haihai Street approximately one mile from the site. The police station is located in downtown Hilo, approximately three miles from the property. Public schools are located less than three miles from the site. The property is mainly located within the Flood Zone "X", which is an area outside of the 500-year flood plain. There is a small portion within the Flood Zone "AO", which is the special flood hazard area that corresponds to the areas of one- hundred-year shallow flooding (usually sheet flow on sloping terrain) where average depths are between one to three feet. The Department of Public Works commented that during the 2000 storm, the open ditch fronting the subject property on Haihai Street over topped. DPW recommends that a licensed engineer design for the deepening of the entire length of the ditch, which will also account for the culvert road crossing for the subdivision and that the applicant be responsible for the design and construction of these improvements. A condition of approval will be added requiring the applicant to comply with these recommendations. Additionally, all development generated storm run-off shall be disposed of on-site and not allowed onto adjacent properties or roadways. The subject request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not located in the • Special Management Area. The subject property is located more than three miles from the shoreline and will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access to the shoreline or mountain areas that traverses the -4- property. According to the applicant, no valued cultural, historical or natural resources exist on the properties and there is no evidence of any traditional and customary Native • Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Therefore, no action is necessary to protect these rights. 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 in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: Investigation of valued resources: An Archaeological Inventory Survey (AIS) was conducted of the site in 2015. No professional flora or fauna surveys were conducted of the site. The property has been previously cleared and is overgrown with non-native plants and other invasive species. The property is located in an urban setting in an area dominated by single-family residential uses. The applicant does not believe that rare or endangered floral or faunal resources are on the site. The site and general area are not known to be a habitat for any rare or endangered animals. Given its elevation, it could be possible to find the Hawaiian Hawk (I`o) and the Hawaiian Owl (Pueo). The valuable cultural, historical, and natural resources found in the rezoning area: The site has been previously cleared. By letter dated January 11, 2018 responding to a request for a grading peimit application, the DLNR-SHPD determined that no historic properties would be affected. Additionally, the applicant has stated that should any inadvertent discoveries be made during any land disturbance activity relating to this project, work will cease and the applicant will immediately notify the Planning Department and the State DLNR-SHPD and secure their clearance before proceeding Possible adverse effect or impairment of valued resources: There may be a possibility that native plants could be destroyed by construction and ground alteration, but the site has been cleared and is overgrown with non-native plants and other invasive species. The subject property does not abut the shoreline, therefore Hawaiian gathering and fishing rights is not an issue. -5- Feasible actions to protect native Hawaiian rights: A conditions of approval will be included to require the applicant to notify the Department of Land and Natural Resources—,State Historic Preservation Division (DLNR-SHPD) should any unidentified sites or remains be encountered and proceed only upon an archaeological clearance from the DLNR-SHPD. Lastly, this approval is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the approved use, prior to its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), compliance with DLNR-SHPD requirements, among many others.. Compliance with all.applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be.considered a violation that • may result in enforcement action by the Planning Department and/or the affected agencies. Based on the preceding, it is believed that the project would have no adverse impact relative to the archaeological, cultural or historical resources of the area. To the extent to which traditional and customary Native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights and no action is necessary to •- protect these rights. Based on the above findings, approval of this change of zone request from Agricultural 3-acre (A-3a) to Single-Family Residential 15,000 square feet (RS-15) would result in an appropriate land use pattern that will further benefit the general public. The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map), Chapter 25-(Zoning Code) of the Hawaii County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -6- • RHiloOneREZ18-228.jwd 10-29-18 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION HILO ONE INCORPORATED CHANGE OF ZONE APPLICATION (REZ 18-000228) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation of the Change of Zone request be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant is requesting a change of zone from Agricultural 3-acre (A-3a) to Single-Family Residential 15,000 square feet (RS-15) to subdivide the property into thirty(30) lots. According to the application, the subdivided lots will be sold on the open market to the general public. The proposed subdivision will be accessed via Haihai Street, creating the Kikala Street extension. Ho`olala Street will also be extended creating the main ingress and egress points to the subdivision. Two (2) cul-de-sacs will be built within the subdivision to access various lots. All newly created roadways will be constructed to County dedicable standards, with the exception of one (1) cul-de-sac, which will be a private road. All lots will have County water and the subdivision will have fire hydrants, as well as overhead utility lines for power, phone and cable services. There is no County sewer system in the area, so the owners will construct individual septic wastewater systems meeting with the approval of the Department of Health. The applicant hopes to secure the necessary County rezoning approvals as soon as possible. The applicant hopes to secure tentative subdivision approval by the middle of 2019. The applicant will construct the necessary improvements and hopes to obtain final subdivision approval in 2 years. The estimated cost of the improvements for the project is approximately$2 million. The applicant is the landowner of the property. 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 detennined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The Change of Zone request from Agricultural 3-acre (A-3a) to Single- Family Residential 15,000 square feet (RS-15) conforms to the goals, policies and standards of the General Plan Land Use-Single-Family Residential Element. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land Use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately-owned resources. The proposed change of zone will be consistent with the following goals, policies and standard of the Land Use-Single-Family Residential Element of the General Plan: • To maximize choices of single-family residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single-family residential zoned areas. • Require developers to provide basic infrastructure necessary for development. • Areas shall have basic improvements and amenities necessary for immediate use. The requested change of zone conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The property is designated Low Density Urban, which reflects single-family residential uses in the area. The property is a roughly triangular in shape and is 12.728 acres in size and is located on the south side of Haihai Street, across from Lei Lehua Street. The property -2- was part of a subdivision in 2018 (SUB 18-01791), which subdivided TMK: 2-4-039:025 into two (2) parcels, including the subject parcel. The intersection of Haihai Street and Ainaola Drive is approximately 930 feet to the east. The subject property is currently vacant of uses and structures. The property has been previously cleared and is overgrown with non-native plants and other invasive species. Although ohana dwellings are peiniitted in the County's Residential zoned district, a condition will be included to incorporate restrictive covenants in the deed of all lots to prohibit ohana dwellings on the lots. The applicant's proposal to subdivide the property into thirty lots is consistent with the Low Density Urban designation. This designation reflects the existing low- density residential development in this area of Waiakea Uka. The area is predominantly urban and residential in character with some agricultural lots. Properties to the northwest and west are zoned Single-Family Residential (RS-10 &RS-15). Properties to the north and east are zoned Agricultural (A-3a &A-la). Properties to the south are zoned Single- Family Residential (RS-10) and Agricultural (A-3a &A-la). The majority of the area is within the State Land Use Urban district, including the subject property. The proposed change of zone would complement the existing land uses in this area and will provide for an orderly development of the area. All utilities and services are available to the site. The proposed lots will have access from Haihai Street, which is a County roadway with a 24-foot wide pavement with three (3) to four (4)-foot-wide shoulders within a 60-foot right-of-way. The access from Haihai will connect and create the Kikala Street extension as well as the Ho`olala extension. Ho`olala Street will also be extended creating the main ingress and egress points to the subdivision. There will be two (2) cul-de-sacs built within the subdivision to access various lots. All newly created roadways will be constructed to County dedicable standards, except for one (1) cul-de-sac, which will be a private road. The Department of Public Works recommended the following: • Provide improvements on Haihai Street up to the existing property line, which shall include, but not be limited to, providing an engineered closed drainage system to replace the open channel and paved shoulders and swales. -3- The Planning Department will add this condition as well as other standard conditions that the applicant comply with the requirements of the Department of Public Works for the interior roadways and any other roadway improvements, including the installation of street lights and traffic control devices that may be required. According to the Department of Water Supply, water can be made available from the end of an existing 8-inch waterline within Haihai Street or the end of an existing 6- inch waterline within Ho`olala Street fronting the subject parcel. The applicant proposes to use septic systems, meeting with the approval of the State Department of Health. Solid waste will be handled by commercial haulers or individual homeowners into authorized landfill sites or transfer stations. Electricity and telephone services are available to the site. The nearest fire station is located on Haihai Street approximately one mile from the site. The police station is located in downtown Hilo, approximately three miles from the property. Public schools are located less than three miles from the site. The property is mainly located within the Flood Zone "X", which is an area outside of the 500-year flood plain. There is a small portion within the Flood Zone "AO", which is the special flood hazard area that corresponds to the areas of one- hundred-year shallow flooding (usually sheet flow on sloping terrain) where average depths are between one to three feet. The Department of Public Works commented that during the 2000 storm, the open ditch fronting the subject property on Haihai Street over topped. DPW recommends that a licensed engineer design for the deepening of the entire length of the ditch, which will also account for the culvert road crossing for the subdivision and that the applicant be responsible for the design and construction of these improvements. A condition of approval will be added requiring the applicant to comply with these recommendations. Additionally, all development generated storm run-off shall be disposed of on-site and not allowed onto adjacent properties or roadways. The subject request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not located in the Special Management Area. The subject property is located more than three miles from the shoreline and will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access to the shoreline or mountain areas that traverses the -4- property. According to the applicant, no valued cultural, historical or natural resources exist on the properties and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Therefore, iio action is necessary to protect these rights. 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 in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: Investigation of valued resources: An Archaeological Inventory Survey (AIS) was conducted of the site in 2015. No professional flora or fauna surveys were conducted of the site. The property has been previously cleared and is overgrown with non-native plants and other invasive species. The property is located in an urban setting in an area dominated by single-family residential uses. The applicant does not believe that rare or endangered floral or faunal resources are on the site. The site and general area are not known to be a habitat for any rare or endangered animals. Given its elevation, it could be possible to find the Hawaiian Hawk (I`o) and the Hawaiian Owl (Pueo). The valuable cultural,historical, and natural resources found in the rezoning area: The site has been previously cleared. By letter dated January 11, 2018 responding to a request for a grading pen-nit application, the DLNR-SHPD determined that no historic properties would be affected. Additionally, the applicant has stated that should any inadvertent discoveries be made during any land,disturbance activity relating to this project, work will cease and the applicant will immediately notify the Planning Department and the State DLNR-SHPD and secure their clearance before proceeding Possible adverse effect or impairment of valued resources: There may be a possibility that native plants could be destroyed by construction and ground alteration, but the site has been cleared and is overgrown with non-native plants and other invasive species. The subject property does not abut the shoreline, therefore Hawaiian gathering and fishing rights is not an issue. • -5- Feasible actions to protect native Hawaiian rights: A conditions of approval will be included to require the applicant to notify the Department of Land and Natural Resources— State Historic Preservation Division (DLNR-SHPD) should any unidentified sites or remains be encountered and proceed only upon an archaeological clearance from the DLNR-SHPD. Lastly, this approval is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the approved use, prior to its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance • with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), compliance with DLNR-SHPD requirements, 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. 1. Based on the preceding, it is believed that the project would have no adverse impact relative to the archaeological, cultural or historical resources of the area. To the extent to which traditional and customary Native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights and no action is necessary to protect these rights. Based on the above findings, approval of this change of zone request from Agricultural 3-acre (A-3a) to Single-Family Residential 15,000 square feet (RS-15) would result in an appropriate land use pattern that will further benefit the general public. The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map), Chapter 25 (Zoning Code) of the Hawaii County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -6- • 4OJ�` COUNTY O F HAWAII ::•) STATE OF HAWAI`I gT4TF•OF Nr,-Tr• BILL NO. ORDINANCE NO. (? A /i'4 /gel) AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), • ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—THREE ACRE (A-3a) TO SINGLE-FAMILY RESIDENTIAL— 15,000 SQUARE FEET (RS-15) AT WAIAKEA HOMESTEADS 2ND SERIES, WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-4-039:026. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-3, Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2016 Edition, as amended) is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waiakea Homesteads 2"d Series, Waiakea, South Hilo, Hawai`i, shall be Single-Family Residential— 15,000 square feet (RS-15): Beginning at the northeast corner of this parcel of land, being the northwest corner of Lot 1-B-2, being a portion of Grant 11, 642 to Kiku ni Higa Maedo and on the south side of Haihai Street, the coordinates of said point of beginning refen-ed to Government Survey Triangulation Station "HALAI" being 16,040.81 feet South and 367.85 feet East, thence running by azimuths measured clockwise from True South: 1. 355° 40' 213.00 , feet along Lot 1-B-2; 2. 265° 40' 58.90 feet along Lot 1-B-2; 3. 355° 40' 195.30 feet along Lot 1-B-2; 4. 2° 38' 110.32 feet along Lot 1-B-2; -1- • 5. Thence along Lot 1-B-2, along a curve to the left with a radius of 475.00 feet, the chord azimuth and distance being: 89° 09' 57.72 feet; 6. 85° 40' 54.40 feet along Lot 1-B-2; 7. 355° 40' 50.00 feet along Lot 1-B-2; 8. 85° 40' 70.00 feet along Lot 1-B-2; 9. 355° 40' 144.25 feet along Lot 1-B-2; 10. 85° 40' 161.70 feet along Lot 1-B-2; 11. 355° 40' 99.60 feet along Lot 1-B-2; 12. 85° 40' 60.87 feet along Lot 1-B-2; 13. 355° 40' 151.61 feet along Lot 1-B-2; 14. 85 40' 109.56 feet along Lot 1-A, being a portion of Grant 11,642 to Kikumi Higa Maedo; 15. 355° 40' 217.89 feet along Lot 1-A, being a portion of Grant 11,642 to Kikumi Higa Maedo; 16. 85° 40' 165.32 feet along Lot 6 and Lot F, being portions of Grant 9861 to Yoshiko Ikeda; 17. 175° 40' 1,177.65 feet along Lots 16, 15, 14, 13, 12 and 11 of Waialcea Estates Subdivision., Ho'olala Street, Lots 10, 9, 8, 7 and 6 of Waiakea Estates Subdivision,' being also portions of Grant 10,493 to Mabel P. Chilson; 18. 265° 40' 633.95 feet along the south side of Haihai Street to the point of beginning and containing an area of 12.728 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: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonablyconceived to fulfill needs directly from the land use emanating 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. 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: r -4- i mom= wo an wili -------101 NION IIII V - awn AHE ST ■ - A-3a- 1111Iii ' ■ m R511 ®- imi SIM• it!a!fl. i1#PT1- AGRICULTURAL-THREE ACRES(A-3a)TO 11111...... ®. SINGLE FAMILY RESIDENTIAL-15,000 SQUARE FEET(RS-15)� - RS 12.728 ACRES - 4,A s NilWAIN Willill �lll R5101111111111111111111... mil II WWII 1111111 a- grit* oar Ifis I ........ Ilia • a )-I 35735 F ls ow ,,,,,, , _ , I A-3a i4iIIfl A3 a O /Ow -6 . so-;-a Z� A-3 a O • gI, ��➢a 1111111.118 m ro a ■ ■■ "�"�.. A-3a •, A-3a 111111111M so C IIII ! RS- 0 11. : 10 44, p• 111111111 1 .v O 0 it‘ A-la ff iii- 1 M,3 a1111211111111111111A-la „i+.e ayr =-=-A.: CHiloOneREZ18-226.jwd 10-29-18 HILO ONE INCORPORATED CHANGE OF ZONE APPLICATION (REZ 18-000228) CONDITIONS OF APPROVAL A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant is responsible for maintaining valid water commitments to support the proposed use until such time that required water facilities charges are paid in full. C. The applicant shall construct necessary water improvements, which shall include but not be limited to, 1)water mains capable of delivering water at adequate pressure and volume under peak-flow and fire-flow conditions; minimum diameter of mains shall be six (6) inches, from the end of an existing waterline extending into the subdivision, 2) a service lateral that will accommodate a 5/8- inch meter to the additional lot, 3) fire hydrants spaced no more than 600 feet apart and within 300 feet of the driveway or access for each lot, and 4) subject to other agencies' requirements to construct improvements within the road right-of- way fronting the property affected by the proposed development, the application shall be responsible for the relocation and adjustment of the Department of Water Supply's affected water system facilities, should they be necessary. D. Final Subdivision Approval shall be secured within five (5) years from the effective date of this ordinance. E. Provide improvements to the entire frontage of Haihai Street up to the existing property line consisting of, but not limited to, providing engineered closed drainage system to replace the open channel and paved shoulders and swales, pavement widening, drainage improvements, and any required utility relocation, meeting with the approval of the Department of Public Works. F. Restrictive covenants in the deeds of all proposed lots shall require the homeowners to maintain the one private cul-de-sac road. All other roadways within the subdivision shall be constructed to dedicable standards. There shall be no direct driveway access to Haihai Street from individual lots. G. Install street lights, signs and markings, meeting with the approval of the Department of Public Works-Traffic Division. H. Restrictive covenants in the deeds of all the proposed lots shall give notice that the teens of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owners of the property may also impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State of Hawaii Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. All development generated runoff shall be disposed of on site and not be directed toward any adjacent properties. A drainage study shall be prepared, and recommended drainage system shall be constructed meeting with the approval of the Department of Public Works. The drainage study and improvements shall be completed prior to the construction of any proposed structures. J. The method of sewage disposal shall meet with the requirements of the State Department of Health. K. In the unlikely event that during future construction activities that historic properties such as lava tube openings, concentrations of artifacts, structural remains or human skeletal remains are found during construction activities, the applicant shall cease work in the immediate vicinity of the find, protect the find from additional disturbance and contact the State Historic Preservation Division at (808) 933-7651 for further guidance. L. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads for the additional lots to be created. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval. The fair share contribution shall be based on the actual number of additional lots created. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a combined value of$14,329,89 per single family residential unit. The total amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per single family residential unit shall be allocated as follows: 1. $6,910.13 per single family residential unit to the County to support park and recreational improvements and facilities; 2. $333.35 per single family residential unit to the County to support police facilities; 3. $658.40 per single family residential unit to the County to support fire facilities; 4. $288.25 per single family residential unit to the County to support solid waste facilities; and 5. $6,139.77 per single family residential unit to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicant(s) may contribute land and/or construct improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. M. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawai`i County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to Final Subdivision Approval. N. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included -3- herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. O. The applicant, its successors and/or assigns shall comply with all applicable County, State and Federal codes, laws, rules, regulations and requirements for the proposed development, including the Department of Public Works, Department of Water Supply and Department of Health. • 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 applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. 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 perfonnance (i.e., a condition to be perfonned within one year may be extended for up to one additional year). 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- HILO ONE INCORPORATED CHANGE OF ZONE APPLICATION (REZ 18-000228) The applicant is requesting : • A Change of Zone from an Agricultural 3 -acre (A-3a) to a Single-Family Residential- 15 ,000 square feet (RS- 15) zoning district for approximately 12.278 acres of land. • Once rezoned, the applicant proposes to subdivide the property into thirty (30) lots, which will be sold on the open market to the general public. i • — i a t I h h ft►, 2 I __ __ Ig • I_ - 4; ■ L II C r . n F1 I� - , �� N ry )f 4� t n f I I I • o1� I I y4 } �_ � ( . 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'--, --.... .. — —___._ 47:- t . .,"..•-+‘ •''''' --,--,-1.'t • .• . • • 1 P .. V.10..?.; e,I. ''. • • , . . . . f r , 41110111111110#1.1" , . : . • .... ... , , ___ _ _ . _....• _,__ _._ _._.._ ...• .. .....__. .._., __ ... ;_ _ ...._. _....„. ...,,,, • ,,,. •, .,...rei.. .•••,.... ,.,,,...„. „.„,...; ....„.„. Goeg -7-,•:i.,,3 '(, ,.......,,,.. Google Earth I , ..„5.23,,,1.55=0.54E.82-...;elev 570 ft m ail 555 P. Planning Director' s Recommendation Favorable Recommendation With Conditions WINDWARD PLANNING COMMISSION COUNTY OF HAWAI`I HEARING TRANSCRIPT NOVEMBER 7, 2018 A regularly advertised hearing on the application of HILO ONE INCORPORATED (REZ 18-000228) was called to order at 2:01 p.m. in the County of Hawai`i Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii with Chainnan Joseph Clarkson presiding. COMMISSIONERS PRESENT: Gilbert Aguinaldo, Joseph Clarkson, Donald Ikeda, John Replogle. ABSENT & EXCUSED: Donn Dela Cruz, ThomasRaffipiy. ALSO PRESENT: Michael Yee (Planning Director), Malia Hall (Deputy Corporation Counsel for the Windward Planning Commission), Jeff Darrow(Planning Program Manager), Maija Jackson (Planner), Christian Kay(Planner), Sarah Hata-Finley;(Commission Secretary), Kim Tanaka(Secretary). And 7 members from the public in attendance.., APPLICANT: HILO ONE INCORPORATED (REZ 18-000228) Application for a Change of Zone from an Agricultural 3-=acre (A-3a)`to a Single-Family Residential-15,000 square feet (RS--15) zoning:district'for approximately 12.728 acres of cate land. The property is located along the south side of Haihai Street, approximately 930 feet east from the Haihai Street Ainaola Drive intersection.and across from Lei Lehua Street, Waiakea Homesteads 2"a Series, South Hilo,Hawaii, TMK -2-4-039:026. CLARKSON: Windward Planning Commission is back in session. Thank you all for your patience. The next item on the agenda is from the Applicant Hilo One Inc., Change of Zone application DARROW: Good-afternoon, Mr.-Chairman and Members of the Planning Commission. If I can direct your attention to=our presentation. Our next application, the Applicant is Hilo One Inc. They're requesting a Change of Zone. The Applicant is requesting a Change of Zone from Agricultural - 3 acres to Single Family Residential - 15,000 square feet for approximately 12.278 acres. Once rezoned, the Applicant proposes to subdivide the property into 30 lots which will be sold on the open market to the general public. This is the location and County zoning map just for reference. Running through the middle of the map in an east-west direction is Haihai Street, and crossroad running perpendicular with Haihai, running in a north-south direction is Ainaola Drive. The subject property is identified with a black outline and as the light blue indicates, the current County zoning of the property is Agricultural - 3 acres. Just for reference, the different colors on the map represent the different colors of the County zoning. The yellow and mustard colored zonings are Single-Family 1 Residential. Just adjoining the property to the west is Residential. The lighter green and darker green represent Agricultural or Open type zonings. The, this is the State Land Use designation map. This identifies a majority of the area in this State Land Use Urban District, with a small portion in the lower portion of the map in the State Land Use Agricultural District. This is the General Plan Land Use Pattern Allocation Guide map for the entire area. It is identified as Low Density Urban. And, this is an aerial photo. Again for reference, we have Haihai Street and Ainaola Drive with the subject property identified with a black outline. Majority of the area to the west and north, as well as to the south has been constructed in single- family dwellings. This is the Applicant's proposed subdivision layout referencing Haihai Street on the upper portion of the map. Access would come from Haihai Street and also adjoin with the adjoining existing subdivision through an extension of the existingroadway. There are proposed two cul-de-sacs; one—the interior roadways will be built to dedicable standards except for one private cul-de-sac. These are some site photos of the area. This is on Haihai Street looking east with the subject property on the—oh, I'm sorry, this thing is going off on me on the right side. And this is looking west and this would be the subject property on theleft side. You'll notice the guardrail in place. There's an actual open culvert_or open ditch, that runs along that area that takes all the water from the flooding of the area out of the area -Continuingon, this is directly looking at the property, again with the open ditch. Thislis on the street that's parallel to the subdivision and this is the proposed subject property with the adjoining subdivision on the west side. And again, looking towards the east with the'subject property right on the right side there. And this is within the existing subdivision..-The, right now there's a stub-out of the existing roadway. The Applicant is proposing to continue-this through the'subdivision and then connect to the access to Haihai Street The Planning Director us recommending that the Planning Commission send a favorable recommendation with conditions to-the;Hawai`i County Council. I do have a few changes that I'd like to bring to your attention. One isthese yellow sheets that reference minor changes to the comments regarding Public Works, as well-as a revision to Condition 6. Everyone have that? Yeah? Okay. And then also this morning submitted by the Applicant is a proposed condition change to Condition—oh I'm sorry, did I say Condition 6? I meant Condition E. I was referencing the number onthe top. And they're requesting a minor amendment to Condition F, and this is regarding the restrictive covenants to maintain the private cul-de-sac. So they're requesting that it be more specific to those lots that adjoin that particular cul-de-sac. In speaking with the Planning Director, he has no problem with the proposed changes. With that, that concludes our presentation. I am able to answer any questions if there are any. REPLOGLE: What was this land used for before? DARROW: I think it's just been vacant land. 2 REPLOGLE: Nothing was grown there? Nothing was— DARROW: —Not that I'm aware of. We can ask the Applicant when he comes on, but looking— REPLOGLE: —Oh, okay, DARROW: It looks completely overgrown so I would,think that it was, if there was a use on it, it must have been some time ago. CLARKSON: I noticed that the proposal's septic systems for every home. Is there no sewer in the entire area up there? DARROW: Not in this area. Not able to hook up. CLARKSON: Any further questions? DARROW: Thank you. CLARKSON: If not, will the Applicant or.their representative please come forward? KERN: Good afternoon. CLARKSON: You've been sworn in, Mr. Kern. - KERN: I have. [Mr. Kern was sworn in for a prev /ious application ,, CLARKSON: Please raise your tight hand. HIGASHI I'-m the developer,Roland Higashi. CLARKSON: Do'you swear or.affirm to tell the truth on this matter before the Commission today? HIGASHI: Yes. KERN: Very good. Good afternoon. Relatively straightforward rezoning request. It meets all the criteria. It's essentially an urban infill. As you can tell, the entire area around it has been developed as urban with majority being RS zoning. I think some of the areas that are still in ag on one part of it, there's some, some water issues there. The parcel that we have does not have any of those issues. County dedicable roads, access, connectivity, the subdivision that adjoins it that we're going to be connecting the road to, those are County roads as well. So again, it all meets the criteria. We reviewed the recommendation and the conditions and with the amendments, we don't have any objections. And personally I haven't gotten any phone calls. 3 We did all the proper notices and what not. I haven't gotten any phone calls from anybody. I'm not saying there isn't some folks here to talk about it, but haven't gotten any personal phone calls. Like I say, relatively straightforward. I think this is needed. There's not many lots available in Hilo. It's challenged. And with not much availability, it doesn't help our housing situation out. So this is a prime project in a good area that has all the infrastructure that we would need that would be very good for our community. And with that I'll leave it to Mr. Higashi to make any further comments. HIGASHI: Yes, we've reviewed the comments and conditions by the Planning Commission, Planning Director, and we accept all those conditions as provided to us as amended. Just like to say that I was the developer for Waiakea Fairways, as far as the pent up demand in Hilo, we did 49 lots, we did it in an affordable manner, and those lots sold out in 3 weeks. I mean there were people who, while we were developing, were inquiring. But we sold that, in three weeks we were sold out, so, there's some interest in displays because people's seen the sign, seen the surveyors, they've been calling us and saying"hey,we're interested,"but we haven't taken any names yet, but I think in Hilo proper there are not too many new developments of Residential - 15,000 square feet. I think there's Hillside Development that's going on that's a one-acre subdivision. So-in Hilo, there's a pent up demand,inour opinion. So I'm an experienced developer. Just to let you know, I've done ten subdivisions already. Mostly Hilo area. We try to keep it as affordable as possible. The one thing that drives up the cost is government expenses. We have fair share, we have housing commitments, we have time lag, so in this case this project is moving-pretty rapidly and we appreciate that. By the way, you asked about what that land was used for? That young man that was sitting in the back here, he's the dependent ofthe owner. He's the son of the previous owner. And Mr. Higa was a farmer He moved from Okinawa. When he moved here a lot of that Waiakea area was done-by Okinawan's and were doing farming in that area, but they haven't done that for like 30 years...-So, he was the last son and he inherited the last piece. CLARKSON: Are there any questions for the Applicant from anybody on the Commission? REPLOGLE I have one. It wouldn't have worked to make a 3-acre subdivision and encouraged farming? Small farming or—? I:understand Hilo's housing crisis, and I guess at some point there'll be houses all over the island. HIGASHI: Yeah. REPLOGLE: Where do we protect our ag lands? That's what I ask. HIGASHI: John, my opinion is that to farm in an area where it's urban, we have all the houses around. If I raise pigs, horses, I mean, I use fertilizer, contaminants. It's not conducive to the area. Yeah? So, I think the highest and best use is still a residential. KERN: Thank you. And from a planning perspective, you can look at the State Land Use as Urban. That's where they want to see the urban growth go. And then when you look at the 4 General Plan LUPAG map with the Low Density Urban, that's also where they want to see the growth go. So, as you move out to Hamakua, it starts to change to more ag land. More up Waiakea Uka it begins to change as well, but this is still considered within that urban core so it's the area where we want to see more density. So, thus, the RS zoning,. It's the most logical highest and best use of the land, and it will help meet the housing needs. HIGASHI: And then it is possible infrastructure's there, the roads are there, signal lights are there, water's available. So, I mean, you know, all the public services are there. They put a new fire station on Haihai Street, which is perfect. AGUINALDO: Commissioner, I have a question. Zendo, so as far as the point of entry shown on the pic, you know, the picture, is it coming off of Kikala Street extension? KERN: Well, the point of entry will be off of Haihai Street, yeah,on Kikala Street extension, so off of Haihai Street there, and then it'll also have availability as an entry through Ho`olala Street, which would be, again, off of Haihai Street just a little bit more mauka But, that wouldn't be the primary; that's more of a connectivity. So,thepoint of entry would be— AGUINALDO: Kikala Street extension? KERN: Yes. AGUINALDO: So as far as that there we're not coming off of the guardrail side then, yeah? Where had the guardrail, the drainage— HIGASHI: We are. We'll come off Haihai Street AGUINALDO:=Haihai. KERN: That would, yeah,-that would be the guardrail area, and actually a good portion of the drainage along Haihai Street is actually an existing 48-inch culvert, and there's a little bit of an open area, so Mr. Higashi will actually do a culvert improvement along Haihai Street to have that go over. And that's one of the conditions, and then a little bit of work on the widening of that drainage area. So, it'll keep the drainage flow going down here. AGUINALDO: Right. KERN: There was a flood study that was done recently for this area, and it all works perfectly fine. AGUINALDO: You know and that's, that's one thing. Development is good,but we always gotta understand as well is when we do the development, it's not just the development, so any mitigation as far as flood control, erosion, all that so it doesn't affect downstream. You know, that's kind of like only my suggestion, you know, on that. 5 HIGASHI: Commissioner Aguinaldo, we are in the process of doing a, a FEMA study. We're doing a CLOMR. On the other half of the property, there's extensive flooding so we left that out of this development so we don't have to deal with that. But, we are doing a study and taking the water, mitigating the water, trying to get `em off ourproperty. The young Higa boy that was here? He's—we met with him during the recess so you know, to see what his concern. He's concerned that he has flooding on his property now. He was concerned that we don't put any More water on his property. AGUINALDO: On his property. HIGASHI: One of the conditions we'll maintain all the water..that we generate on our property, which is a standard condition. We are partnering with him.to address further flooding on the other side property. AGUINALDO: Good. HIGASHI: So, he was satisfied and we're going to partner with him and=try to mitigate any further water coming on. AGUINALDO: Thank you. KERN: Yeah, so just to add, along the IIa.ihai Street area, that's-going to be completely taken care of and then everything on site will be engineer designed, drywells. We have engineers on, board. It has to maintain whatever water's generated=frmo "that. Maintained and stays on that property,hundred percent. AGUINALDO: Thank you„ CLARKSON: Okay,-and even though there.'s all these different drainages, you can't add to it? You have to do an injection"facility? HIGASHI Yes. " KERN: Yeah. ' HIGASHI: It's a pretty standard condition that the Planning Department uses so, whatever we generate we maintain on our property. CLARKSON: Any further questions? If not, thank you, gentlemen. KERN: Thank you very much. HIGASHI: Thank you very much.' • CLARKSON: We have three people signed up to testify. If Dannie Higa, Constance Aldaya, and Elverita Toci could come up? 6 HIGASHI (from audience): We talked to Mr. Higa, and he was satisfied. CLARKSON: Oh— AGUINALDO: He left. CLARKSON: He left. So, of the three, we have one left. Okay. Please raise your right hand. Do you swear or,affirm to tell the truth on this matter before the Planning Commission today? ALDAYA: Yes. CLARKSON: Please introduceyourself and then proceed." ALDAYA: My name is Constance Aldaya. I've lived on Ho`olala- AGUINALDO: You can put your hand down now. ALDAYA: Ho`olala Street. I'm the second house from No'u So I'm at the dead end where your development is going to start. My only concern is that because the development is going to start where my house is, right in front of my house, is all the'construction going to be done going into Ho`olala Street? Or is the road, Kikala Road _gonna be installed first and then they'll use that to start building in that subdivision? CLARKSON: Let's:askthe Applicant. Which way will the`>construction vehicles enter the property? - KERN: The-construction vehicles-and equipment will come in off of Haihai Street and will be staging up on that side, and it'll be,_the road will be developed over to you, but it won't be there so that won't be the epicenter of where everything:starts. It'll be kind of a, we'll do what we, you know,'dowhat he needs to do there and that will be kind of the last, the last part. So everything will come in off of Haihai Street. 'Just like when you bulldoze a lot, many places might be wooded right there, but you offload and go in and clear an area. ALDAYA: Okay, that':s good Also,because I notice in the map Ho`olala Street goes right before my house into that empty-property. When they do put the road in, can they put in a speed bump on the inside of the property than on the outside where all their residents are right now? That's my only concern because I don't want to see all those cars going in and out and then we'll have a hard time getting out of our driveway. HIGASHI: Let me just say that the speed bumps are a responsibility of the County. Because it's going to be a County road, they need to apply with the County to mitigate any kind of traffic congestion. As far as when we're doing construction, we'll use best practice in doing our construction so we'll make sure that we don't inconvenience the neighbors. ALDAYA: I just wantto be sure that you know the speed bump won't be on the outside in the current neighborhood right now. And, also there will be no other stop signs there. Because I'm up at the corner of Ho`olala Place and Ho`olala Street. Right now I get all the exhaust in my house. Every ti house. stop at the stop sign, I get all this exhaust in my house so I have to put my fan on, and I don't want another stop sign on the corner right across from my house. So whatever exists there now, I hope that'll be, you know, because it's the two stop signs are on Ho`olala Place and so I don't want a stop sign on Ho`olala Street across from my house. AGUINALDO: Hey Jeff, do we have a photo or slide of that, on her street? The picture. That street, yeah? ALDAYA: Okay, that's my house right there. To the right AGUINALDO: The right. ALDAYA: And that's the end of the road there. So they have stop signson the right side and the left side, but there won't be any, you know, tomake it a 4-way stop,right? DARROW: Mr. Chairman? We are fortunate today to have 1n our presence a representative from the Department of Public Works and-so she might be able to answer more specifically that question. MATSUMOTO: My name,is Robyn Matsumoto I'm'acivil engineer with the Department of Public Works Engineering Division. Regarding her questions regarding speed humps, those are handled by the traffic division and typically an;applicant would apply and then you would have to get a majority of the residents, you know, adjoining to that area to agree to the speed hump locations. So and then regarding the stop signs at this intersection, I believe the continuation of Ho`oloa [sic]—; ALDAYA:' Ho`olala. MATSUMOTO: Ho`olala wouldn't include, you know, they would have to continue on. There wouldn't be like a4-way intersection anymore. Cause it's a continuation into your subdivision from Mr. Higashi's-__ ALDAYA: You mean from Kikala Street coming out? MATSUMOTO: Yeah, yeah. So there would only be stop signs coming off of the smaller roads, the Place. The cul-de-sacs. REPLOGLE: The existing ones— MATSUMOTO: Cul-de-sacs. REPLOGLE: —will stay. 8 ALDAYA: Stay the same. HALL: They won't add any more. ALDAYA: So, nobody, we won't have the exhaust from the cars that stop on this side. MATSUMOTO: Coming in, no. REPLOGLE: That's a main road so it'll just go through. MATSUMOTO: Continuing. ALDAYA: Right through. Okay. That's all I have to say:,. Thank you. CLARKSON: Thank you. Are there any questions for this testifier? If not, apparently not. Thank you very much.. Are there any other peoplein the audience wishing to testify on this matter? If not I'll ask for a motion to close public,testimony. REPLOGLE: I make a motion we close public testimony. AGUINALDO: I second. CLARKSON: All those in favor? COMMISSIONERS _Aye. CLARKSON: Opposed? .Motion carrieS. Public testimony is closed. At this time, I'll request a motion for action on this item Don't be shy. REPLOGLE: I move the favorable recommendation be forwarded to the County Council and the applicationrof the zone change Docket No. 18-000228 based on the Planning Director's recomme ndaton and proposed conditions which shall be adopted. IKEDA: Second. CLARKSON: It's been moved and seconded that this application be approved. Can you poll the Commission please? HALL: Sorry,just for clarification, does that include the amended condition from the Applicant and the Planning Department, E? DARROW: Amended conditions E and F. HALL: E and F. REPLOGLE: Yes. 9 HALL: Okay. DARROW: Thank you. With that, we'll take the roll. Commissioner Replogle? REPLOGLE: Nay. DARROW: I'm sorry? REPLOGLE: Did I say nay? Or did I say the wrong word? DARROW: Yes? REPLOGLE: No. DARROW: Oh, okay. Commissioner Aguinaldo? AGUINALDO: Aye. DARROW: Commissioner Ikeda? IKEDA: Aye. DARROW: And Mr. Chairman. CLARKSON: Aye. DARROW:.The motion does not pass. = ;- REPLOGLE: Why does it not pass? DARROW': Need to have four votes REPLOGLE: Amlallowed to change my vote? ` DARROW I would think so REPLOGLE: Okay, I'll go aye. DARROW: Okay. REPLOGLE: I wanted to make a statement against the taking of agricultural lands. We're going to need to feed ourselves someday. DARROW: With that, the motion carries. Thank you. 10 The discussion ended at 2:28 p.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission , 11 • 1