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HomeMy WebLinkAboutCOM 0065.000 2018-2020 07°f F N . �•�y Wit Okabe �"" Managing Director • lr i Harry Kim •I•: ��'.•���• Mayor "�' • Barbara J.Kossow di•••4TE Deputy Managing Director OF•N�.� CinnaV L1f 4 hhixln`t cD, ®fftrr lxf f >ertvr.vr 25 Aupuni Street,Suite 2603 • Hilo,Hawai`i 96720 • (808)961-8211 • Fax(808)961-6553 00 c .< KONA: 74-5044 Me Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawai`i 96740 -yp C) (808)323-4444 • Fax(808)323-4440 >2; w January 4. 2019 Aaron S. Y. Chung, Council Chair and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chair Chung and Members: SUBJECT: /Change of Zone Application (REZ 18-000229) Request: RS-15 to RS-10 Applicant: Miroslav Neskovic Tax Map Key: 2-4-021:059 Change of Zone Application (REZ 18-000230) Request: RS-10 to CN-20 Applicant: GHC Family Limited Partnership Tax Map Key: 2-2-034:086 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 requests. Sincerely, `r, X/1.)12--\ HARRY K Mayor MTransCouncilNeskovicREZ 18-229GHCFamiIyREZ 18-230 Enclosures cc: Planning Department 5 Comm. No. Bolt 11) Ref. To: PC County of Hawai`i is an Equal Opportunity Provider and Employer. Ref.DafeJAN 1 i' 2019 Harry Kim ,J��%ti ; Joseph Clarkson, Chair - -^ Mayor.11 ;�%�;.'_. Donald Ikeda,Vice Chair Gilbert Aguinaldo .44 .Mw.� Donn Dela Cruz 'F OF'µ';' Thomas Raffipiy John Replogle County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720 Phone(808)961-8288 • Fax(808)961-8742 r4 2,019" Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chair Chung and Council Members: SUBJECT: Change of Zone Application (REZ 18-000229) Request: RS-15 to RS-10 Applicant: Miroslav Neskovic Tax Map Key: 2-4-021:059 The Windward Planning Commission, at its duly held public hearing on December 6, 2018, recommended for your approval the proposed legislative bill for an Change of Zone from an Single-Family Residential-15,000 square feet(RS-15) to a Single-Family Residential-10,000 square feet (RS-10) zoning district. The property is located at 69 Nalani Street, approximately 663 south of its intersection with Haihai Street, Waiakea Homesteads Pt Series, Waiakea, 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 a Single-Family Residential- 15,000 square feet(RS-15) to Single-Family Residential-10,000 square feet(RS-10) zoning district in order to create a two-lot subdivision. Upon approval of the change of zone, the applicant will apply for subdivision approval immediately and each lot will be a minimum of 10,000 square feet in size. There is an existing, dilapidated single-family dwelling on the property that will be demolished, and a new single-family dwelling will be built on each of the proposed lots. Hawai`i County is an Equal Opportunity Provider and Employer Aaron S.Y. Chung, Council Chair and Members of the County Council Page 2 In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The Change of Zone request from a Single-Family Residential- 15,000 square feet(RS-15) to a Single-Family Residential- 10,000 square feet(RS-10) zoning district conforms to the goals, policies and standards of the General Plan Land. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals,policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals,policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land Use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately-owned resources. The proposed Change of Zone will conform to, among others, the goals, policies and standards of the Land Use and Housing Elements of the General Plan: Land Use • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • 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. Aaron S.Y. Chung, Council Chair and Members of the County Council Page 3 Land Use—Single Family Residential • To maximize choices of single-family residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single-family residential zoned areas. • Designate and allocate single-family residential zoned lands at varying densities for future use in accordance with the needs of the communities and the stated goals, policies, and standards. Housing • Encourage and expand home ownership opportunities for residents. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The property is designated Low Density Urban, which includes residential uses with overall densities of up to six units per acre, ancillary community and public uses, and neighborhood and convenience-type commercial uses. The subject 23,538 square-foot property is rectangular in shape and is fairly level. There is an existing single-family dwelling on the front (western)portion of the property closest to Nalani Street that was built in 1959. The dwelling is dilapidated and will be demolished. The remainder of the property is cleared and improved with grass with lawn and some ornamental landscaping. Most of the surrounding properties are similarly zoned RS-15 and are improved with single family dwellings. The property directly adjacent to the north was rezoned in 1991 (Change of Zone Ordinance No. 91-017) from RS-15 to RS-10 to allow for a two (2) lot subdivision. Under the current zoning, the owners would able to build an Ohana Dwelling on the original lot but could not subdivide the property. If the change of zone were approved, the applicant could build an Ohana Dwelling on each newly created lot, effectively doubling Aaron S.Y. Chung, Council Chair and Members of the County Council Page 4 the of density, which may frustrate the County's ability to provide public services. To mitigate this, a condition will be included to prohibit a second dwelling(Ohana)unit and a condominium property regime on each lot. As a result, the rezoning will not increase the potential number of dwellings but gives the landowner the option of subdividing into two lots. Based on the preceding, the proposed change of zone would complement the existing and predominately residential land uses in the surrounding area and is consistent with the General Plan designation for the area. All utilities and services are available to the site. Access to the property is from Nalani Street, which is owned and maintained by the County. Nalani Street has a 40-foot right-of-way, with a pavement width of sixteen (16) feet and three(3) foot shoulders. According to the Department of Public Works (DPW), the existing Nalani Street is 40 feet wide and the current minimum width of a County road is 50 feet. Due to the rezone to RS- 10, DPW recommends that the applicant provide improvements to the property's entire Nalani Street frontage consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation meeting with the requirements of the Americans With Disabilities Act and the approval of DPW. The improvements shall be located within any future road widening setback as may be established by the Planning Department. The Director is concerned about roadway improvement checkering(e.g. only having street pavement widening and curb, gutter, and sidewalk in front of one property on the street), therefore, instead of requiring immediate roadway improvements, the Director is recommending a condition requiring the applicant, successors or assigns pay their pro- rata share for the previously mentioned roadway improvements when the DPW implements a project for these improvements along Nalani Street in proximity to the subject property. Moreover, the payment of the pro-rata share will be split evenly between each proposed lot. This condition is consistent with a similar condition in Change of Zone Ordinance No. 91- 017, which rezoned the property directly adjacent to the north was rezoned from RS-15 to RS-10 to allow for a two (2)-lot subdivision. In addition, the Director is recommending that the applicant subdivide and dedicate a five (5)-foot future road widening strip along the property's Nalani Street frontage prior to granting Final Subdivision Approval of the proposed two (2)-lot subdivision. Aaron S.Y. Chung, Council Chair and Members of the County Council Page 5 According to the Department of Water Supply(DWS), the subject property is currently served by a 5/8-inch County water meter, limited to an average of 400 gallons per day. Water can be made available from an existing 6-inch waterline with Nalani Street fronting the subject parcel. DWS confirmed receipt of the required water commitment payment for one(1) additional unit of water on October 5, 2018. The applicant will be required to maintain the required water commitment, complete water systems improvements, remit facilities charges and convey water system improvements to the County of Hawai`i Water Board prior to additional water meter service being granted. The subject parcel is not served by the County sewer system. According to the applicant, a new septic tank system, approved by the Department of Health, will be installed for each new dwelling. Solid waste will be taken to the South Hilo Sanitary Landfill by the individual lot owners or a private hauling service. Electricity, telephone and cable services are available to the site. Police, Fire and medical services are available in Hilo. The property has no severe geological or topographical problems which cannot be rectified, or which would render the land unusable. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM)by the Federal Emergency Management Agency(FEMA). Zone X is an area outside of the 500-year flood plain. All development generated storm run-off shall be disposed of on-site and not allowed onto adjacent properties or roadways. Conditions will be included to address the Department of Water Supply and Department of Public Works comments. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management. The property is not located in the Special Management Area. The project site is located about 2.5 miles from the nearest shoreline and will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access to the shoreline or mountain areas that traverses the property. No professional archaeological studies were completed for the subject property as it has been cleared and used for residential purposes since 1959. A copy of this rezone application was sent to SHPD as part of this application process. As of the time of this writing, the Planning Department has not received a response. Aaron S.Y. Chung, Council Chair and Members of the County Council Page 6 Presently, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of known valued cultural, historical or native resources in the area. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the Hawai`i State Supreme Court's "PASH" and "Ka Pa`akai 0 Ka 'Aim"decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: Investigation of valued resources: No professional archaeological studies were completed for the subject property as it has been cleared and used for residential purposes since 1959. A copy of this rezone application was sent to SHPD as part of this application process, at the time of this writing, the Planning Department has not received any response. The valued cultural, historical, and natural resources found in the rezoning area: The applicant is not aware of any features of cultural importance and there is no known history of traditional gathering associated with the property. As the site has been previously impacted by urban development and residential use it is unlikely that there are any valued cultural, historical, and natural resources to be found in the rezoning area. The applicant has not submitted a formal archaeological survey but has indicated that the subject property had been formerly bulldozed and cleared. Possible adverse effect or impairment of valued resources: There is no evidence of any possible adverse effects or impairments will occur to any valued resources. Since the property has been disturbed in the past, it is unlikely that any archaeological or historic features exist on the property. Additionally, there is no evidence that the flora in the area are particularly desired or used for cultural practices. As the property is improved with a single-family dwelling, no professional flora or fauna surveys were conducted of the site. The property is located in an urban setting in an area dominated by single-family residential uses and has been in residential uses for over 60 years. Feasible actions to protect native Hawaiian rights: As there is no evidence of any valued cultural, historical, and/or natural resources found on the site, there is no action to be taken. The Director is recommending the standard Inadvertent archaeological finds condition. Aaron S.Y. Chung, Council Chair and Members of the County Council Page 7 Lastly, this approval is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the approved use, prior to its commencement or establishment upon the subject properties. Additional governmental requirements may include,but are not limited to, the issuance of building permits, the installation of approved wastewater disposal systems, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the above findings, approval of this Change of Zone request from a Single-Family Residential- 15,000 square feet (RS-15) to a Single-Family Residential 10,000 - square feet(RS-10) zoning district would result in an appropriate land use pattern that will further the public necessity, convenience and the general welfare. The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map), Chapter 25 (Zoning Code) of the Hawai`i County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. 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, / oseph larkson, Chairman Windward Planning Commission LNeskovic REZ 18-229wpc2 Enclosures cc: Miroslav Neskovic Department of Public Works Department of Water Supply Department of Land&Natural Resources-HPD Amy Self, Esq., Corporation Counsel BNeskovicREZ.crk.11.23.18 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT NIIROSLAV NESKOVIC CHANGE OF ZONE APPLICATION (REZ 18-000229) lIROSLAV NESKOVIC has submitted an application for a Change of Zone from a Single- Family Residential-15,000 square feet (RS-15) to a Single-Family Residential-10,000 square feet (RS-10) zoning district for approximately 23,538 square feet of land. The subject property is located at 69 Nalani Street, approximately 663 feet south of its intersection with Haihai Street, Waiakea Homesteads 1st Series, Waiakea, South Hilo, Hawaii, TMK: 2-4-021:059. PROPOSED ACTION 1. Applicant's Request: A Change of Zone from a Single-Family Residential-15,000 square feet (RS-15) to Single-Family Residential-10,000 square feet (RS-10) zoning district in order to create a two-lot subdivision. Each lot will be a minimum of 10,000 square feet in size. There is an existing, dilapidated single-family dwelling on the property that will be demolished, and a new single-family dwelling will be built on each of the proposed lots. 2. Project Timeline and Cost: Upon approval of the change of zone, the applicant will apply for subdivision approval immediately. The applicant estimates the cost of subdivision improvements to be approximately$2,500 and estimates construction of each of the new single-family dwellings to cost approximately$250,000. 3. Supportive Information: The applicant has submitted the attached in support of the request: (Planning Department Exhibit 1 - Change of Zone Application dated August 15, 2018) 4. Landowners: Pacific Patriot Partners, LLC. STATE AND COUNTY PLANS 5. State Land Use Designation: Urban. 6. General Plan Designation: Low Density Urban. 7. County Zoning: Single-Family Residential-15,000 square feet (RS-15). 8. Special Management Area: The subject property is located about approximately 2.5 miles from the nearest shoreline and is not in the Special Management Area. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 9. Subject Property: The subject 23,538 square-foot property is rectangular in shape and is fairly level. There is an existing single-family dwelling on the front (western) portion of the property closest to Nalani Street that was built in 1959. The dwelling is dilapidated and will be demolished. The remainder of the property is cleared and improved with grass lawn and some ornamental landscaping. 10. Surrounding Zoning/Land Uses: Most of the surrounding properties are similarly zoned RS-15 and are improved with single family dwellings. The property directly adjacent to the north was rezoned in 1991 (Change of Zone Ordinance No. 91-017) from RS-15 to RS-10 to allow for a two (2)-lot subdivision. 11. Flood Zone: Zone "X", an area determined by FEMA to be outside the 500-year flood plain. 12. ALISH: Existing Urban Development. 13. Land Study Bureau's Productivity Rating: Existing Urban Development. 14. Flora/Fauna Resources: No formal flora or fauna studies were completed for the subject property as it has been cleared and used for residential purposes since 1959. Residential development removed the original floral/faunal resources from the property, which has since been landscaped with various trees, shrubs, and grass lawn. Based on the preceding, the applicant does not believe that any rare floral or faunal resources are likely to be " • found within the subject property. 15. Archaeological/Historical Resources: No professional archaeological studies were completed for the subject property as it has been cleared and used for residential purposes since 1959. A copy of this rezone application was sent to SHPD as part of this application process. As of the time of this writing, the Planning Department has not received a -response. 16. Cultural Resources: The applicant is not aware of any features of cultural importance and there is no known history of traditional gathering associated with the property. 17. Public Access: There is no record of a designated public access that traverses the • property. -2- • PUBLIC UTILITIES AND SERVICES 18. Access: Access to the property is from Nalani Street, which is owned and maintained by the County. Nalani Street has a 40-foot right-of-way, with a pavement width of sixteen (16) feet and three (3)-foot shoulders. According to the Department of Public Works (DPW), the existing Nalani Street is 40 feet wide and the current minimum width of a County road is 50 feet. DPW recommends that the applicant provide improvements to the property's entire Nalani Street frontage consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation meeting with the requirements of the Americans With Disabilities Act and the approval of DPW. The improvements shall be located within any future road widening setback as may be established by the Planning Department. 19. Water: According to the Department of Water Supply (DWS), the subject property is currently served by a 5/8-inch County water meter, limited to an average of 400 gallons per day. Water can be made available from an existing 6-inch waterline with Nalani Street fronting the subject parcel. DWS confirmed receipt of the required water commitment payment for one (1) additional unit of water on October 5, 2018. The applicant will be required to complete water systems improvements, remit facilities charges and convey water system improvements to the County of Hawai`i Water Board prior to water meter service being granted. 20. Wastewater: The subject parcel is not served by the County sewer system. According to the applicant, a new septic tank system, approved by the Department of Health, will be installed for each new dwelling. 21. Solid Waste: Solid waste will be taken to the South Hilo Sanitary Landfill by the individual lot owners or a private hauling service. 22. Essential Utilities and Services: Police, Fire and medical services are available in Hilo. All other essential utilities are available to the property. AGENCIES' COMMENTS 23. Department of Public Works- Engineering Division: (P.D. Exhibit 2— September 28, 2018 memo) 24. Department of Water Supply: (P.D. Exhibit 3—September 12, 2018 memo) 25. Fire Department: (P.D. Exhibit 4—September 19, 2018 memo) -3-.. • 26: Department of Land and Natural Resources- Engineering Division: (P.D. Exhibit 5 —September 17, 2018 memo) AGENCIES -NO COMMENT'S/CONCERNS 27. Department of Environmental Management, Police Department, Office of Housing and Community Development, State Department of Health, and Department of Land and Natural Resources- Land Division. AGENCIES -NO RESPONSE 28. Department of Land and Natural Resources-State Historic Preservation Division PUBLIC COMMENTS 29. As of this writing, the Planning Department has not received any written comments or objections from the general public or adjacent landowners on the subject application. • • • • -4- CHANGE OF ZONE APPLICATION G, COUNTY OF HAWAII - c'=- PLANNING DEPARTMENT (Type or legibly print the requested information) .773 J }� e k_C)V c N APPLICANT: P/1 � PC) - _ APPLICANT'S SIGNATURE:c1 � DATE:Rc-(16u Y olA ADDRESS: 9 /(Jc)1A'; 5-14, —t P4/0, PI 86 2-Q LIST APPLICANT'S INTEREST IF NOT OWNER: /U74 c;cvt-Ae;c - P0;,p4tiel2 LIST PRINCIPAL(S)INCLUDING NAMES OF MAIN OFFICERS:M? S /1e5Xevrc PHONE:(Bus.) --336,-6132 (Res.) (Fax) LANDOWNER(S): Pc0�4-1ng LANDOWNER SIGNATURE(S): DATE: (May be by letter) LANDOWNER(S)ADDRESS: `f ,o, A-e 4 ✓e % /3 .� e' Sssi6 REQUEST: g TO /?S (Existing zoning) (Proposed Zoning) TAX MAP KEY: 3-- 2 -- - -- 21 - S� STREET ADDRESS OF PROPERTY: ( f /N,..bq Lso h, S'71, H L(?), /i-/1 6 2 0 ST7E OF PROPERTY OR AFFECTED AREA(S)TO BE REZONED: 2?, s--3'W S . AGENT: t]%19-,e5Lvov /K) S�.Ovic ADDRESS: '`/3`}•g Alp J3 /--AfrioLuLu, /-!1 JCZ-4 TELEPHONE:(Bus.) 2.36—6/32 (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Mpgsc-, ' kOVrc COPIES: 111, I.•C!: ',.., " SCANNED Planning Dept® . AUG 1 5 2053 Exhibit • • ATTACHMENT R esiden tlalR ezoniig • •PLANNVG DEPARTMENT • COUNTY 0FHAW ALT APPLEATDN FOR CHANGE OF ZONE 1. l yourraquestis approved,do you intend tr>subdinde the subcthnd ii accordance with the approved change ofzone? 'ICS Eyes,pbase answerthe restofq_uestbn 1 and then to quesn 3. a, How m any aces of the requested aroa do you intend to subdiir±le? b. Into whatbtsizes? ,®,coo 53.64 4- c. c. fyourrequestis approved,appro in ate 1 how bng auerthe date ofappevaldo you expectb subm yoursubdivBion plans ib the P hnniig D epartn ent • forprelinmaryapprovalr 1 yr©ml,: 1, D o you Mend to bull houses on the newly created bts? es ifyes,phase answerthe fIbwiiig questions: on how m any ofthose bts? , Atwhatappio in ate pace:range? House Lots Total Approxtn ater how long,aftrapprovalof the subdiidsion,won11 the firthouse be avalhbE fhroccupancy? 2. -feta Ifyou intend to subdcsle,phase subm ita prem nary schem atic subdivision plan together with yourchange of zone appIcatbn from • 2. Ifyou have no film phns ofsubdhriThg the sub ctarea, do you iitend to: a. S ellorbase the h.nd tD someone who has frtn pins? h, Seitorease .e hod to corn eone who has tentative plans? )_% S ellorhase the hnd t=i som eone who has no phns? /91/q d, Keep ? e. other phase state) f, Lyou intend to do eihera,b,orc,phase ebbomie on the khd ofphns the otherparba has.P base,abo, i_clide al youranswerappioxin at lyhow soon air appmvalofyourmzoning do you ex.pectb transferthe sub cth.nd to anotherparty. 3, Do yo r think thatyourrequestand your furtherphns IDrthe hndwil.ialhvgte the bcalhoushg sThiatnn? f—" H ow? G. Am them any bugs on the sub urea? ••des iso, whatkiid? ®tie ���i nce (shn6Le LeveL A® e) • whatdo you totend to do with those burgs(your mquesth approved? R®c 2 se is cJ i (J pi c k7 eci Mhoi aua)cd d AAVe PRO Peg&7' of;sPrDs-e.d - iee11442vued Ae PAG f ele}y 2- • 5. Is the sub ct]and cunentybeiag used ttrany agri.u]tualacur]t<i? Ifso,p ease istthe kinds ofpmducts gr~nwn and on how In any sq>>aro feetoracres oihnd perpmduct e. To your}mowbdge,has them been any thod_rng and/or drainage pmbbrn on the sub ctarea? _ If so,pIase descthe the probism . 7. Do you think thatthe roads badizg to the subctama needs i provem ent Itso,w hatkind? Is the mad adequate brthe proposed tr.fc volun e orbad? 9. W hatsor_tofgovernm entalassistance and/or.in pmvem encs do you feelm fbe needed 1 the sub ectama when devebped? • a. Schools x b. Roads X ,. Sewer D mirage • >C • poke P mtection -3- Yes T Fire Proteca !C q, Reci athnalFac t s v h, Pub.1 U t s �5 f . other E orhose checked 'fires,"p.hase elaborate whattlpe orkilds of in provem ante and/or assiitence are needed. Sijnatum: .174.34/Sat»,,oL,Ae Ave 1413t- Addsess: Tetphone: 'gg—J36132. Date: 6337A/5OA -4- PD.51$4 DOD NO.J06 BATE LURCH.790 _ 8t_)'GR S008tE 1.vB. ai. x D O i m y • m PLAT 51 , y y . y m Z n SUULA ROAD P -r 1C�> Ii ifm"' IIS 7m IIS Go !1=-A @N� Gu ni:' gir 11'..,..- i-.=:;" (E.': er !i'8 a Vt'N' 9w" 0 IIT Gam` 9� 1-•••, f 1 yv33.. .3.3 % ;,3 8pv N5 Y3 0v p. 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Lm q li Tp iso F ia I' _ f n `` _ m I 1 IP II ]IIlm III0.-w o C(� >/ 'P -, --'7.., .' " A4lAY/ 'S. -., l STREET Y �c • 'N FII - G Ilc II4,1 6'• N ES Mi Il`'' IIS g> Gw N lit 0 O O ' � G O'a 'ice II,_ ,N .:9 t�.Gdo O 1-,,,i.:1 '7,',. v r _ L 11 b c ,� o v G ,3 - C .,C� . c�ofoP , c ., iL' c o „, 2 Iii'• g 6. l" IN Ire.,1' II L- �L I. 1' j r'1 * 0 0l C e .: 00 , r 0 01 CI `I1 l '''4i', > o I c Gm - 1,- G. I a'� w I Iii tl I [11, Ih IN 1 t. �ue 'i tl _ e �'i I 0 ,r,c ®1 ' c' „Q-'�..T1 ',�� �1 ® _ I�• <C - �', CS 'H UAP.:1.t 5� I <U..ED —/-„ , S. C: Z ; m PLAT I r- 01 Y'U1'0J STREET I r„ I-- , pi - R 0 0 ci e e of ®, I i ".N �n 2 - ( 1 I • THIS DOCUMENT IS APPROVED AND ACCEPTED AS TO THE CONTENT AND FORM. 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LANDCCURTNAVEZKCEk1151.2%1E NUM3EK ZED P.O.50X 1159HILG,HA _ i bin(v)2-4-2:6159/68 PIALA 16i�==1 DAiE 2018-AR-25 FoLC_R;ir3-16 FILE:INA-26 PAPER S1ZE•5.5'x IT„(LEGAL) pF04- PI63 -., 141 302.24 R— \ < 150,01 ft P- VL V 3 . & 2 i . A« 1 �j / I *Cr) i « --.-,4t2,1;:1_,-:4,--- • : am< I / a 2Aa� %: ¢ , 1\ •,,,7":7,„4,d ,, 1 - \ « -::'-',;.-73. g ~ /<\\� -* as ,a. : # : \«)' \. aa % , » « $ ƒ } — =. . � oD m \ j 7 \ §_ ..®® Driveway 9«wi / 2 , y This is proposed subdivision layout.Existing house will beds demolished and the access will be at South side of the property with with 15 wide access pole COUNTY ENVIRONMENTAL REPORT COUNTY REZONING REQUEST(RS—15 to RS—10) PATRIOT PACIFIC PARTNERS WAIAKEA,SOUTH HILO, HAVVAI'I 1. INTRODUCTION Patriot Pacific Partners("applicant") is requesting the rezoning of a 23,538 square foot parcel of land from the Residential (RS-15) to Residential (RS-10) district in VVaiakea, South Hilo, Hawai'i. The property is located on the East side of Nalani Street, approximately 200 feet South of Haihai Street.The subject property is neighboring property to the lot 58,which was recently rezoned to RS-10 district (TMK 2-4-21-58). If approved,the applicant intends to subdivide the 23,538 square foot parcel into two (2) lots consisting of a minimum of 10,000 square feet each. Currently there is an existing single-family dwelling on the subject site.The applicant wishes to subdivide the subject parcel for estate planning purposes and plans to dismantle existing dwelling and instead build two new dwellings (one on each new parcel). 2. PROJECT LOCATION The property is located on the East side of Nalani Street approximately 200 feet South of the Haihai St. and Nalani St. intersection.The subject property is neighboring property to the lot 58,which was recently rezoned to the RS-10 district(TMK 2-4-21-58). The entire property is rectangle in shape and relatively level, access to the parcel is via Nalani St. , which is paved county road. • 3. PROJECT DESCRIPTION a. Project Concept and Components The subject site consists of 23,538 square feet and has a single-family dwelling located on the West side of the property or front portion of the property.The applicant wishes to subdivide the subject property into two (2) lots and eventually remove existing dwelling and instead construct two (2) single-family dwellings for estate planning purposes. If approved, the proposed lots would consist of a minimum 10,000 square feet in size. It is understood that the subdivision plan submitted herein may have to be adjusted prior to receipt of final subdivision approval to accommodate County subdivision requirements and appropriate conditions of approval. The subject site is accessed by a county road and has a county water line to the site. The Department of Water Supply said they will make an additional water meter available upon the change of zone being approved. b. Project Timetable and Cost Original: Miroslav Neskovic Copies: Patriot Pacific Partners The applicant hopes to secure County rezoning approval as soon as possible and begin the subdivision process immediately after. Tentatively, plans call for having the land subdivided by the end of 2018.The estimated cost of improvements for this project should not exceed$ 25,000.00 based on the necessary subdivision improvement. Construction of two new single-family dwellings will be approximately$ 250,000 each. 4. INSTITUTIONAL CONSIDERATIONS a. State Land Use The subject site is designated Urban. Based on proposed lot size, no State Land Use Commission action is required.The County of Hawai'i can process the rezoning request. b. County General Plan The County General Plan Use Pattern Allocation Guide ("LUPAG") map designates the subject site as Low Density Urban.This designation allows consideration for uses that are single-family residential in character, ancillary community and public uses and convenience type of commercial uses. The proposed RS-10 subdivision resulting in two (2) lots would be consistent with the Low Density Urban designations. As such, no General Plan amendment would be required to effectuate this project. • c. Hilo Community Development Plan (SKCDP) The Hilo CDP was adopted by the Planning Commission in 1975 over 35 ago and intended for further define the General Plan and provide short and middle range implementation strategies of the General Plan. Since 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, expended commercial uses near 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 CRP's Land use Concept Map identified this area as A-3a, which is inconsistent with the County General Plan LUPAG map.The LUPAG map has been amended to reflect Low Density Urban designation and as such, some of the planning assumptions reflected in 1975 CDP are now obsolete.The GP LUPAG map therefore is a more accurate land use depiction of the affected properties surrounding lands.The County Charter requires all change of zones to be consistent with the designation in General Plan. In this case,the GP LUPAG designation is Low Density Urban, and thus,the requested RS-10 zoning would be consistent. D. County Zoning The County Zoning of the subject property is Residential (RS-15).As noted earlier,the subject property is located next to the 23,538 square foot site which was recently rezoned in 1991 to the RS-10 district. Original: Miroslav Neskovic Copies: Patriot Pacific Partners If approved the site would be subdivided in a manner generally meeting with both the Zoning and Subdivision Codes. Notwithstanding thesubdivision requirements, all uses and standards consistent with the requested RS-10 zone would be adhered to. E. Relationship to SMA Objectives and Policies The site is not located within the County Special Management Area (SMA). No SMA Use Permit is required. However, as the entire island falls within the Coastal Zone Management (CZM)Area, a discussion of the request's relationship to the CZM Program follows. The site is not adjacent to the ocean. It is more than two and half(2.5) miles from the shoreline. As such, the proposed action should not have any adverse impact on the area's coastal recreational and marine resources nor have any impact on beach protection. The likelihood of this improvement having any impact to the area's historic resources in not high.The site was previously bulldozed by the applicant and/or its predecessor for residential use. In the event any archeological features are found during any earth disturbance activity,work will stop within the affected area and appropriate clearances from the State DLNR-HPD and County Planning Department will be secured before work resumes. If needed, and archeological monitoring program can be instituted during any land clearing activity. The proposed action will eventually involve the construction of improvements (particularly dwelling unit) in urban setting.Accordingly,there is a potential visual impact to the area's scenic and open space resources. However,the project would involve the construction of, at most, a two (2) single-family dwelling on the proposed additional lot. Relative to the Coastal Ecosystems impact should be negligible, if at all, as the site is located well over two and half(2.5) miles from the ocean. Notwithstanding the distance,the nature of the project—Residential—and the construction of only two (2) new private wastewater systems is such that any potential coastal ecosystem impacts should pot be found. The proposal action will result in creating the potential for Residential lots in area. This should thus provide additional opportunities for housing. In so doing,the project could air the general economy and the overall economic use of this site and the area in general. Because of its distance from the shoreline,the site should not be subject to coastal hazards. Relative to the managing development objective, this function is more applicable to the "authority" or approved agencies. However, it is noted that the request would operate and be constructed within the scope of the Zoning Code.The subject site would be zoned RS-10 and requested use and design/parameters (parking, height,setback, etc.)would be consistent with said zoning. In that regard, the project would be consistent with this policy. Finally, in terms of the public participation objective,this is generally a public agency function.This is achieved through the Marine and Coastal Zone Management Advisory Group (MACZMAG) and the public hearing process required pursuant to the Planning Commission's Rules and County Council's meeting on this application. Notices of this application will become available through the posting of a sign on the property,as well as Original: Miroslav Neskovic Copies: Patriot Pacific Partners i - sending two (2) notices to surrounding property owners, one at the time the application is filed and again;prior to the public hearing. Based on the foregoing, it is concluded that the requested improvements would be consistent with the objectives, policies and guidelines of the Coastal Zone Management Policies, as outlined in Chapter 205-A-23, HRS and Planning Commision Rule No. 9 relating to Special Management Area. P. Other Permitting Requirements As noted earlier, other permits would still be required.These would be of the "ministerial" variety, such as Subdivision Approval, Building Permits and the like. 5. EiNVIROMENTAL CONSIDERATIONS A. General Description The parcel is generally rectangle in shape and is accessed via Nalani St. is owned and maintained by the County of Hawaii and have 40-foot right of way.The site has one single-family dwelling other than the single-family dwelling the site is vacant of any other structures. The site is situated at about 212—foot elevation level.The site rises minimally from the bottom towards the Nalani Street with the highest point being at the Naiani Street(North Side). There • does not appear to be any topographic constraint in developing and utilizing the site for two (2) 10,000 square foot+size lots. There are homes proximate to and within the subdivision leading to the subject site.The general area has a urban residential feel to it. B. Soils and Topography The USDA Soil Survey Report identifies the soil on the subject site as"Olaa Series (01D)". This type of soils consists of well-drained silty clay loarns that formed in volcanic ash. The surface layer and subsoil are about 16 to 9 inch thick, respectively. Permeability is rapid, runoff is slow, and erosion hazard is slight. According to the Natural Resource Conservation Service's Land Study Bureau Overall Master Productivity Rating,the subject site does not have a rating classification as it is in the State Land Use "Urban" District. The subject site falls within the State Land Use "Urban" District and is not included in the;The Agriculture Lands of Importance to the State of Hawaii (ALISH) designation. As noted earlier,the topography of the site slopes from the Nalani street South.The slope appears to be approximately 2 percent. C. Natural Hazards 1) Drainage Original: Miroslav Neskovic Copies: Patriot Pacific Partners The Federal Emergency Management Agency(FEMA) Flood Insurance Rate map (FIRM) identifies the majority of the project area as Zone "X" (areas outside of the 500-year flood). There are no existing drainage ways on the site. The applicant has not observed any significant runoff or erosion in the recent past on the subject site. Pursuant to County drainage requirements, appropriate drywell and/or similar means to capture runoff from any improvement will be built, if necessary, in conjunction with the appropriate permitting process. 2) Volcanic, Earthquake and Tsunami Hazards According to the United States Geological Survey Maps, the project site is located within Lava Flow Hazard Zone 3, on a scale of ascending risks 9 to 1, 9 being the lowest risk and 1 being greatest risk.The Building Code designates the entire island of Hawai'i Earthquake Zone "D" and contains certain structural requirements to address the relative seismic hazard.All structures would have to comply with this standard. 3) Tsunami Hazard As the site is located over two and half(2.5) miles from the ocean, it is located outside of the Civil Defense's Tsunami Evacuation Zone. D. Flora/Fauna Although there were no professional surveys conducted of the floral or fauna resources of the site, the applicant does not believe that rare or endangered floral or fauna resources are likely to be found within the subject site. Residential development removed the original floral and fauna resources of the property.The entire property has been landscaped with various trees,shrubs, and grass.Thus,floral impacts should be minimal. The site is not known to be habitat for any rare or endangered animal life. Given its elevation, however, it would be possible to find Hawaiian Hawk (l'o)and the Hawaiian Owl (Pueo). Further, the urban nature of the surrounding areas would make it less likely to find endangered animal life in this area. E. Historic/Cultural/Archeological Resources As the site was formerly bulldozed and cleared, no commissioned archeological survey of the site was made. However, if needed, an archeological monitoring plan can be prepared and implemented in the conjunction with further land clearing activity. , Furthermore, in the event any inadvertent discoveries are made during any land disturbance activity relating to this project,work will cease and the applicant will immediately notify the Planning Department and the State DLNR and secure their clerences before proceeding further. A letter requesting"No Effect" determination has been sent to SHPD. F. Valued Cultural Resources Original: Miroslav Neskovic Copies: Patriot Pacific Partners In view of the recent Hawai'i State Supreme Court's"PASH" and "KaPa'akai 0 Ka'Aina" • decisions,the issue relative to native Hawaiian gathering and fishing rights must be addressed. Spedifically,there must be a discussion of the cultural, historical and natural resources, as well as the associated tradition and customary practices on 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 weather the subject or immediate surrounding area was used in the recent past for the gathering of plants by Native Hawaiians.The applicant has not observed any Native Hawaiians on the site or adjoining properties gathering plants.Thus, it would appear unlikely that the site would serve such purpose today. In the event legitimate gathering claims are made by Native Hawaiians,the applicant intends to respect and honor such claims and provide the needed access within the site. L Based on above, it does not appear that the project would have any potential adverse impact relative to the cultural and historical resources of the area. G. Water and Coastal Resources The subject site is located well over two and a half(2.5) miles from the coastline.As such, coastal impact resulting from discharge of wastewater systems from the site should not be significant. Further, being a non-coastal property, no coastal access will be affected. Septic tanks or their equivalent meeting with the approval of the State Department of Health will be installed in conjunction with the construction of any dwelling on the state. H. Noise, Air Quality, and Dust Nalani Street will serve as the main access to the newly proposed lot.The existing ambient traffic level in this area is quite low.As such,the corresponding noise level should be quite low. With the completion of this project,the noise level is not anticipated to increase significantly. There may, however, be short-term noise impact 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 impact.The only discernible air quality impact could be associated with the vehicular traffic to and from the site. While there will be an impact to the ambient air quality,the impact should not be significant, as the project will increase the density by only one (1)additional unit. Further,with higher EPA standards for automobile air emissions,the air quality impact should therefore not be significant. As such,with the exception of potential construction dust associated with any future dwelling, the short and long-term dust generated by the project should be minimal. Construction dust, however, like construction noise will have to comply with the State Department of Health regulations. Original: Miroslav Neskovic Copies: Patriot Pacific Partners I. Scenic and Visual Considerations In the natural beauty element of the General Plan,there are sites.or areas listed as being scenic resource.The subject site is not listed as a scenic site. However, there were a few examples cited in the Hilo area, such as Mauna Kea and Mauna Loa. In this situation, the views of Mauna Kea and Mauna Loa from Nalani Street would not be affected, ash t e newlyproposed lot sits between existing p pand the elevation o' of the subject parcel is relatively flat.As such there should be no scenic or visual impact from the proposed subdivision. 6. SOCIAL AND RELATED CONSIDERATIONS a. Surrounding Land Uses The land use in this area is predominantly single-family residential in character. However there are a wide variety of uses within a one mile radius of the subject parcel, including churches, schools, restaurants,fast food outlets, convenience stores,gas stations, personal service providers and government services. Given the existing and zoned conditions,the proposed rezoning and the two (2) 10,000 square foot+ lot subdivision would not be incongruous with the existing urban pattern of this area. b. Economic Impact The requested zoning would have some measure of limited economic impact, as it would make one (1) additional fee simple lot.This additional lot will create an increased property tax base for the County of Hawaii. In additional it will eventually create some short-term economic impact with the construction of a new single-family dwelling.This will create construction jobs as well as purchases from local suppliers. Lastly albeit a small impact the new lot will create the need for services such as landscaping, maintenance etc. This could help with areas's economy. 7. INFRASTRUCTURAL CONSIDERATIONS a. Road Access to the project would be from Nalani Street which is owned and maintained by the County. Nalani Street has a 40-foot right-of-way, with a pavement width of sixteen (16) feet and three (3)foot shoulders. b. Water There is a six (6) inch water line running along Nalani Street.The Department of Water Supply has said that they would make the additional water meter available for the project. c. Wastewater There is no County wastewater system in this area.As noted earlier,a septic tank system meeting the approval of the Department of Health would be allowed in this area.This will be done during construction of new dwellings. d. Solid Waste Original: Miroslav Neskovic Copies: Patriot Pacific Partners Solid waste will be handled through commercial haulers or the individual homeowners into authorized landfill sites or transfer stations.With the requested RS-10 zoning,the potential q g, for uses with toxic or related chemical waste would be minimal, if at all. e. Other Government Services As this area is already part of the Hilo urban area, it is already being serviced. No extension of government services would be required.The nearest Fire Station is located approximately .5-miles away and the nearest Police Station is located approximately 2.5-miles away from the subject site. The Waiakea Elementary, Intermediate and High Schools, are all located less than a mile from the subject site. In addition multiple recreational facilities are located in close proximity,these include Lokahi Park, Aualani Park, and Hilo Municipal Golf Course. As such, the project should not result in the extension of any government services. Further, the required public facilities are located reasonably proximate to the subject site. 8. IMPACT SIGNIFICANCE ANALYSIS a. Relationship Between Local Short-Term Uses of Environment and Maintenance and Enhancement of Long-Term Productivity • If request were denied,the short-term use of the area of the proposed rezoning would probably continue as is. The applicant would not have an opportunity to create an additional lot in an area designates as Urban, which would be inconsistent wit the land use designation. From a long-term productivity standpoint,this area of Waiakea will most likely continue its transition into denser Urban development.As the State and County land use designation is Urban this is a logical area to increase housing density. 9. Original: Miroslav Neskovic Copies: Patriot Pacific'Partners DEPARTMENT OF PUBLIC ViOtt§ 1 PP1 '. 98 COUNTY OF HAWAII NT HILO, HAWAII t ;" DATE: September 28, 2018 TO: Michael Yee, Planning Director FROM: f partment of Dub lc Works, Engineering Division SUBJECT: CHANGE OF ZONE APPLICATION (REZ 18-000229) Request: RS-15 to RS-10 Applicant: Miroslav Neskovic TMK: 2-4-021:059 We have reviewed the subject request forwarded by your memo dated August 30, 2018 and offer the following comments for your consideration: All development-generated runoff shall be disposed of on site and not directed toward any adjacent properties. A drainage study shall be prepared and the recommended drainage system shall be constructed meeting the approval of the Department of Public Works. The drainage study and improvements must be completed prior to the construction of any proposed structures. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500-year floodplain. The existing Nalani Street is 40' wide and the current minimum width of a County road is 50'. Based on the proposed zoning, we recommend the applicant provide improvements to the subject property's Nalani Street frontage consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation, meeting the requirements of the Americans with Disabilities Act and the approval of the Department of Public Works. The improvements shall be located within any future road widening setback as may be established by the Planning Department. 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. ��� Pla n i n t.. Countyof Hawaii is an /O Equal Opportunity Provider and Employer • du ;I�hII ti jrllI 11iiio"'WArEn..."4;f0;'1"P1S ,•i . Itk�uQ�•,� P. 19 1 .ufR'1 49 , ok lk e �� _� DEPARTMENT OF WATER SUPPLY COUNTY OF HlAWAI I O. l'--12.--?F1-1 \ 'y sQ 345 KEKOANAO'A STREET, SUITE 20 HILO, HAWAII 96720 • T ' c , ip TELEPHONE (808) 961-8050 FAX (808) 961-8657 September 12, 2018 TO: Mr. Michael Yee, Director Planning Department -3 FROM: Keith K. Okamoto, Manager—Chief Engineer ry SUBJECT: Change of Zone Application (REZ 18-400229) Applicant: Miroslav Neskovic —; Request: RS-15 to RS-10 • Tax Map Key 2-4-021:059 We have reviewed the subject application and have the following comments and conditions. Please be informed that the subject parcel is served by an existing 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 an existing 6-inch waterline within Nalani 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 one (1) unit of water requested in the proposed 2-lot development, the required water commitment deposit is$150.00. Remittance by the applicant of the deposit is requested as soon as possible so that a water commitment may be formally issued. The commitment will be in writing with specific conditions and effective dates stated. Please keep in mind that this letter shall not be construed as a water commitment. In other words, unless a water commitment is officially effected,water availability is subject to change without notice, depending on the water situation. For the applicant's information, final subdivision approval will be subject to compliance with the following requirements: 1. Construct necessary water system improvements, which shall include, but not be limited to: a. service laterals that will accommodate a 5/8-inch meter to front each lot,and • b. subject to other agencies' requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development, the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities, should they be necessary. • . Water OurWo$t Precious resource. . Wai f 2tane- Pknning ljtt ezot e • The Department of Water Supply is an Equal Opportunity provider and employer. • Exhibit • • Mr.Michael Yee, Director Page 2 September 12,2018 Submit 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 CI-TARGE(FC): One(1)existing service 0.00 One(1)additional unit @$5.500.00/unit $5.500.00 Total FC - $5,500.00 These are clue 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 Hawaii 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. Troy Samura of our Water Resources and Planning Branch at 961-8070, extension 255. Sincerely yours, Keith K. Okamoto, P.E. Manager-Chief Engineer TS:dfg copy— Mr. Miroslav Neskovic(w/copy of Rule 5 of the Rules and Regulations) Harry nKim fjP 1 q pm 2 ``8 Dairen J. Rosario k' '`' Fire Chief r n o4 ( Lance S. Uchida kh,a)14 m•Ha-erp= . � Deputy Fir.'(7u j • our �of ai't HAWAII FIRE DEPARTMENT - 25 Aupuni Street o Suite 2501 a Hilo,Hawaii 96720 (808)932-2900 a Fax(808)932-2928 September 19,2018 TO: MICHAEL YEE,PLANNING DIRECTOR FROM: DARREN J. ROSARIO,FIRE CHIEF SUBJECT: Change of Zone Application (REZ 18-000229) Applicant: Miroslav Neskovic Request: RS-I5 to RS-10 , Tax Map Key:2-4-021:059 In regards to the above-mentioned Change of Zone application, the following shall be in accordance: NFPA 1, UNIFORM FIRE CODE,2006 EDITION ' Note: Hawai`i State lire Code, National Fire ' � f t(t(,CIlOil AS'.SOCIClIlo11 �� ''- 20061 crsron, With County of Hawai`i amendments. County amendments are identified with a preceding "C—"of the reference code. Chapter 18 Fire Department Access and Water Supply 18.1 General. Fire department access and water supplies shall comply with this chapter. For occupancies of an especially hazardous nature, or where special hazards exist in addition to the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, or areas where there is an inadequate fire flow, or inadequate fire hydrant spacing, and the AHJ may require additional safeguards including, but not limited to, additional fire appliance units, more than one type of appliance, or special systems suitable for the protection of the hazard involved. 18.1.1 Plans. 18.1.1.1 Fire Apparatus Access. Plans for fire apparatus access roads shall be submitted to the fire department for review and approval prior to construction. fry =�,�•',. l:�I_ri;, :-_L _P Hrro'ai'i County is an Equal Opportunity Provider and Employer. ��� D ,@ inulin Dent ® 6 ��? • Michael Yee September 19, 2018 Paget 18.1.1.2 Fire Hydrant Systems.Plans and specifications for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction. C- 18.1.1.2.1 Fire Hydrant use and Restrictions. No unauthorized person shall use or operate any Fire hydrant unless such person first secures permission or a permit from the owner or representative of the department, or company that owns or governs that water supply or system. Exception: Fire Department personnel conducting firefighting operations,hydrant testing, and/or maintenance, and the flushing and acceptance of hydrants witnessed by Fire Prevention Bureau personnel. 18.2 Fire Department Access. • 18.2.1 Fire department access and fire department access roads shall be provided and maintained in accordance with Section 18.2. 18.2.2* Access to Structures or Areas. 18.2.2.1 Access Box(es). The AHJ shall have the authority to require an access box(es) to be installed in an accessible location where access to or within a structure or area is difficult because of security. 18.2.2.2 Access to Gated Subdivisions or Developments. The AHJ shall have the authority to require fire department access be provided to gated subdivisions or developments through the use of an approved device or system. 18.2.2.3 Access Maintenance. The owner or occupant of a structure or area, with required fire department access as specified in 18.2.2.1 or 18.2.22, shall notify the AHJ when the access is modified in a manner that could prevent fire department access. 18.2.3 Fire Department Access Roads. (*may be referred as FDAR) 18.2.3.1 Required Access. 18.2.3.1.1 Approved fire department access roads shall be provided for every facility, building, or portion of a building hereafter constructed or relocated. 18.2.3.1.2 Fire Department access roads shall consist of roadways, fire lanes,parking lots lanes, or a combination thereof. 18.2.3.1.3*When not more than two one- and two-family dwellings or private garages, carports, sheds, agricultural buildings, and detached buildings or structures 400ft2(37 m2) or less are present,the requirements of 18.2.3.1 through 18.2.3.2.1 shall be permitted to be modified by the AHJ. • Michael Yee • September 19, 2018 Page3 18.2.3.1.4 When fire department access roads cannot be installed due to location on property, topography, waterways, nonnegotiable grades, or other similar conditions, the AHJ shall be authorized to require additional fire protection features. 18.2.3.2 Access to Building. 18.2.3.2.1 A fire department access road shall extend to within in 50 ft (15 m) of at least one exterior door that can be opened from the outside that provides access to the interior of the building. Exception: 1 and 2 single-family dwellings. 18.2.3:2.1.1 When buildings are protected throughout with an approved automatic sprinkler system that is installed in accordance with NFPA 13, NFPA 13D, or NFPA 13R, the distance in 18.2.3.2.1 shall be permitted to be increased to 300 feet. 18.2.3.2.2 Fire department access roads shall be provided such that any portion of the facility or any portion of an exterior wall of the first story of the building is located not more than 150 ft (46 rn) from fire department access roads as measured by an approved route around the exterior of the building or facility. 18.2.3.2.2.1 When buildings are protected throughout with an approved automatic sprinkler system that is installed in accordance with NFPA 13,NFPA 13D, or NFPA I3R, the distance in 18.2.3.2.2 shall be permitted to be increased to 4.50 ft(137 m). 18.2.3.3 Multiple Access Roads. More than one fire department access road shall be provided when it is determined by the AHJ that access by a single road could be impaired by vehicle congestion, condition of terrain, climatic conditions, or other factors that could limit access. 18.2.3.4 Specifications. 18.2.3.4.1 Dimensions. C—18.2.3.4.1.1 FDAR shall have an unobstructed width of not less than 2Oft with an approved turn around area if the FDAR exceeds 150 feet. Exception: FDAR for one and two family dwellings shall have an unobstructed width of not less than 15,feet,with an area of not less than 20 feet wide within 150 feet of the structure being protected. An approved turn around area shall be provided if the FDAR exceeds 250 feet. C—18.2.3.4.1.2 FDAR shall have an unobstructed vertical clearance of not less then 13ft 6 in. C—j 18.2.3.4.1.2.1 Vertical clearances may be increased or reduced by the AHJ,provided such increase or reduction does not impair access by the fire apparatus, and approved signs are installed and maintained indicating such approved changes. Michael Yee September 19, 2018 Page 4 18.2.3.4.1.2.2 Vertical clearances shall be increased when vertical clearances or widths are not adequate to accommodate fire apparatus. C— 18.2.3.4.2 Surface.Fire department access roads and bridges shall be designed and maintained to support the imposed loads (25 Tons) of the fire apparatus. Such FDAR and shall be comprised of an all-weather driving surface. 18.2.3.4.3 Turning Radius. C- 18.2.3.4.3.1 Fire department access roads shall have a minimum inside turning radius of 30 feet, and a minimum outside turning radius of 60 feet. 18.2.3.4.3.2 Turns in fire department access road shall maintain the minimum road width. 18.2.3.4.4 Dead Ends. Dead-end fire department access roads in excess of 150 ft (46 m) in length shall be provided with approved provisions for the fire apparatus to turn around. 18.2.3.4.5 Bridges. 18.2.3.4.5.1 When a bridge is required to be used as part of a fire department access road, it shall be constructed and maintained in accordance with county requirements. 18.2.3.4.5.2 The bridge shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. 18.2.3.4.5.3 Vehicle load limits shall be posted at both entrances to bridges where required by the AHJ. 18.2.3.4.6 Grade. C— 18.2.3.4.6.1The maximum gradient of a Fire department access road shall not exceed 12 percent for unpaved surfaces and 15 percent for paved surfaces. In areas of the FDAR where a Fire apparatus would connect to a Fire hydrant or Fire Department Connection,the maximum gradient of such area(s)shall not exceed 10 percent. 18.2.3.4.6.2*The angle of approach and departure for any means of fire department access road shall not exceed 1 ft drop in 20 ft(0.3 m drop in 6 in) or the design limitations of the fire apparatus of the fire department, and shall be subject to approval by the AHJ. 18.2.3.4.6.3 Fire department access roads connecting to roadways shall,be provided with curb cuts extending at least 2 ft(0.61 in) beyond each edge of the fire lane. Michael Yee September 19, 2018 Page 5 18.2.3.4.7 Traffic Calming Devices. The design and use of traffic calming devices shall be approved the AHJ. ' 18.2.3.5 Marking of Fire Apparatus Access Road. 18.2.3.5.1 Where required by the AHJ, approved signs or other approved notices shall be provided and maintained to identify fire department access roads or to prohibit the obstruction thereof of both. 18.2.3.5.2 A marked fire apparatus access road shall also be lcnown as a fire lane. 18,2.4* Obstruction and Control of Fire Department Access Road. 18.2.4.1 General. 18.2.4.1.1 The required width of a fire department access road shall not be obstructed in any manner, including by the parking of vehicles. 18.2.4.1.2 Minimum required widths and clearances established under 18.2.3.4 shall be maintained at all times. 18.2.4.1.3*Facilities and structures shall be maintained in a manner that does not impair or impede accessibility for fire department operations. 18.2.4.1.4 Entrances to fire departments access roads that have been closed with gates and barriers in accordance with 18.2.4.2.1 shall not be obstructed by parked vehicles. 18.2.4.2 Closure of Accessways. . 1 18.2.4.2.1 The AHJ shall be authorized to require the installation and maintenance of gates or other approved barricades across roads, trails, or other accessways not including public streets, alleys, or highways. • 18.2.4.2.2 Where required, gates and barricades shall be secured in an approved manner. • 18.2.4.2.3 Roads, trails, and other access ways that have been closed and obstructed in the manner prescribed by 18.2.4.2.1 shall not be trespassed upon or used unless authorized by the owner and the AHJ. 18.2.4.2.4 Public officers acting within their scope of duty shall be permitted to access restricted property identified in 18.2.4.2.1. • • Michael Yee September 19, 2018 Page 6 • 18.2.4.2.5 Locks, gates, doors, barricades, chains, enclosures, signs, tags, or seals that have been installed by the fire department or by its order or under its control shall not be removed, unlocked, destroyed, tampered with, or otherwise vandalized in any manner. 18.3 Water Supplies and Fire Hydrants • 18.3.1* A water supply approved by the county, capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facilities or buildings, or portions • thereof, are hereafter constructed, or moved into or within the county. When any portion of the facility or building is in excess of 150 feet(45 720 mm) from a water supply on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on- site fire hydrants and mains capable of supplying the required fire flow shall be provided when required by the AHJ. For on-site fire hydrant requirements see section 18.3.3. EXCEPTIONS: 1. When facilities or buildings, or portions thereof, are completely protected with an approved automatic fire sprinkler system the provisions of section 18.3.1 may be modified by the AHJ. 2. When water supply requirements cannot beinstalled due to topography or other conditions, the AHJ may require additional fire protection as specified in section 18.3.2 as amended in the code. 3. When there are not more than two dwellings, or two private garage, carports, sheds and agricultural. Occupancies, the requirements of section 18.3.1 may be modified by AHJ. 18.3.2* Where no adequate or reliable water distribution system exists, approved reservoirs, pressure tanks, elevated tanks, fire department tanker shuttles, or other approved systems capable of providing the required fire flow shall be permitted. 18.3.3*The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on a fire apparatus access road on the site of the premises or both, in accordance with the appropriate county water requirements. 18.3.4 Fire Hydrants and connections to other approved water supplies shall be accessible to the fire department. 18.3.5 Private water supply systems shall be tested and maintained in accordance with NFPA 25 or county requirements as determined by the AHJ. 18.3.6 Where required by the AHJ, fire hydrants subject to vehicular damage shall be protected unless located within a public right of way. • • • Michael Yee September 19,2018 Page 7 • 18.3.7 The AHJ shall be notified whenever any fire hydrant is placed out of service or returned to service. Owners of private property required to have hydrants shall maintain hydrant records of approval, testing, and maintenance, in accordance with the respective county water requirements. Records shall be made available for review by the AHJ upon request. C.— 18.3.8 Minimum water supply for buildings that do not meet the minimum County water standards: Buildings up to 2000 square feet, shall have a minimum of 3,000 gallons of water available for Firefighting. Buildings 2001-3000 square feet, shall have a minimum of 6,000 gallons of water available for Firefighting. Buildings, 3001- 6000 square feet,shall have a minimum of 12,000 gallons of water available for Firefighting. Buildings, greater than 6000 square feet, shall meet the minimum County water and fire flow requirements. Multiple story buildings shall multiply the square feet by the amount of stories when determining the minimum water supply. Commercial buildings requiring a minimum fire flow of 2000gpm per the Department of Water standards shall double the minimum water supply reserved for firefighting. Fire Department Connections (FDC)to alternative water supplies shall comply with 18.3.8 (1)- (6) of this code. NOTE:In thatvirater catchment systema-a re being 1*.ling,x0e4 as a Means of water supply for firefighting,such systems shall r eett;the foll4*ing. rements: 1) In that a single water tank is used for both domestic and firefighting water, the water for domestic use shall not be capable of being drawn from the water reserved for firefighting; 2) Minimum pipe diameter sizes from the water supply to the Fire Department Connection (FDC)shall be as follows: a) 4" for C900 PVC pipe; b) 4" for C906 PE pipe; c) 3" for ductile Iron; d) 3' for galvanized steel. Michael Yee September 19, 2018 Page 8 • 3) The Fire Department Connection (FDC) shall: a) be made of galvanized steel; b) have a gated valve with 2-1/2 inch,National Standard Thread male fitting and cap; • c) be located between 8 ft and. 16 ft from the Fire department access. The location shall be approved by the AHJ; d) not be located less than 24 inches, and no higher than 36 inches from finish grade, as measured from the center of the FDC orifice; e) be secure and capable of withstanding drafting operations. Engineered stamped plans may be required; f) not be located more than 150 feet of the most remote part, but not less than 20 feet, of the structure being protected; g) also comply with section 13.1.3 and 18.2.3.4.6.1 of this code. 4) Commercial buildings requiring a fire flow of 2000gpm shall be provided with a second FDC. Each FDC shall be independent of each other, with each FDC being capable of flowing 500gpm by engineered design standards. The second FDC shall be located in an area approved by the AHJ with the idea of multiple Fire apparatus'conducting drafting operations at once, in mind. 5) Inspection and maintenance shall be in accordance t6 NFPA 25. 6) The owner or lessee of the property shall be responsible for maintaining the water level, quality, and appurtenances of the system. EXCEPTIONS TO SECTION 1813.8: 1) Agricultural buildings, storage sheds, and shade houses with no combustible or equipment • storage. 2) Buildings less than 800 square feet in size that meets the minimum Fire Department Access Road requirements. • 3) For one and two family dwellings, agricultural buildings,storage sheds, and detached garages 800 to 2000 square feet in size, and meets the minimum Fire Department Access Road requirements, the distance to the Fire Department Connection may be increased to 1000 feet. 4) For one and two family dwellings, agricultural buildings, and storage sheds greater than 2000square feet, but less than 3000 square feet and meets the minimum Fire Department Access Road requirements, the distance to the Fire Department Connection may be increased • to 500 feet. • • Michael Yee September 19, 2018 Page 9 5) For buildings with an approved automatic sprinkler system, the minimum water supply required may be modified. If there are any questions regarding these requirements, please contact the Fire Prevention Bureau at (808) 932-2911. DARREN J. ROSARIO Fire Chief KV:ds t ' F ' F • • DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION • LD/Russell Y.Tsuji Ref: Change of Zone Application (REZ 18-000229) from RS-15 to RS-10, 69 Nalani Street, Waialkea,South Hilo,Island of Hawaii; TMK: (3)2-4-021:059 COMMENTS The rules and regulations of the National Flood Insurance Program(NFIP), Title 44 of the Code of Federal Regulations (44CFR),are in effect when development falls within a Special Flood Hazard Area(high risk areas). State projects are required to comply with 44CFR regulations as stipulated in Section 60.12. 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: 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. A o Kauai: County of Kauai,Department of Public Works (808)241-4846. • Signed: C.. R.T�Y S. NG, CHIEF ENGINEER • Date: 6/7liht P. • 1 A P 1 Pi • � �� • • RNeskovicREZ.crk.11.23.18 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION MIROSLAV NESKOVIC CHANGE OF ZONE APPLICATION (REZ 18-000229) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation of the Change of Zone request be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Planning Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: • The applicant is requesting a Change of Zone from a Single-Family Residential- 15,000 square feet (RS-15) to Single-Family Residential-10,000 square feet (RS-10) zoning district in order to create a two-lot subdivision. Upon approval of the change of zone,the applicant will apply for subdivision approval immediately and each lot will be a minimum of 10,000 square feet in size. There is an existing, dilapidated single-family dwelling on the property that will be demolished, and a new single-family dwelling will be built on each of the proposed lots. 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 deteiniined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The Change of Zone request from a Single-Family Residential- 15,000 square feet (RS-15) to a Single-Family Residential- 10,000 'square feet (RS-10) zoning district conforms to the goals, policies and standards of the General Plan Land. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate • and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land Use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately-owned resources. The proposed Change of Zone will conform to, among others, the goals, policies and standards of the Land Use and Housing Elements of the General Plan: Land Use • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. ® Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. © Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. • Land Use—Single Family Residential ■ To maximize choices of single-family residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single-family residential zoned areas. • Designate and allocate single-family residential zoned lands at varying densities for future use in accordance with the needs of the communities and the stated goals, policies, and standards. • Housing • Encourage and expand home ownership opportunities for residents. The 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 -2- P relationship among the various land uses.The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The property is designated Low Density Urban, which includes residential uses with overall densities of up to six units per acre, ancillary community and public uses, and neighborhood and convenience-type commercial uses. The subject 23,538 square-foot property is rectangular in shape and is fairly level. There is an existing single-family dwelling on the front (western)portion of the property closest to Nalani Street that was built in 1959. The dwelling is dilapidated and will be demolished. The remainder of the property is cleared and improved with grass with lawn and some ornamental landscaping. Most of the surrounding properties are similarly zoned RS-15 and are improved with single family dwellings. The property directly adjacent to the north was rezoned in 1991 (Change of Zone Ordinance No. 91-017) from RS-15 to RS-10 to allow for a two (2) lot subdivision. Under the current zoning, the owners would able to build an Ohana Dwelling on the original lot but could not subdivide the property. If the change of zone were approved, the applicant could build an Ohana Dwelling on each newly created lot, effectively doubling the of density, which may frustrate the County's ability to provide public services. To mitigate this, a condition will be included to prohibit a second dwelling (Ohana) unit and a condominium property regime on each lot. As a result, the rezoning will not increase the potential number of dwellings but gives the landowner the option of subdividing into two lots. Based on the preceding, the proposed change of zone would complement the existing and predominately residential land uses in the surrounding area and is consistent with the General Plan designation for the area. All utilities and services are available to the site. Access to the property is from Nalani Street, which is owned and maintained by the County. Nalani Street has a 40-foot right-of-way, with a pavement width of sixteen (16) feet and three (3) foot shoulders. According to the Department of Public Works (DPW), the existing Nalani Street is 40 feet wide and the current minimum width of a County road is 50 feet. Due to the rezone to RS-10, DPW recommends that the applicant provide improvements to the property's -3- entire Nalani Street frontage consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation meeting with the requirements of the Americans With Disabilities Act and the approval of DPW. The improvements shall be located within any future road widening setback as may be established by the Planning Department. The Director is concerned about roadway improvement checkering (e.g. only having street pavement widening and curb, gutter, and sidewalk in front of one property on the street), therefore, instead of requiring immediate roadway improvements, the Director is recommending a condition requiring the applicant, successors or assigns pay their pro-rata share for the previously mentioned roadway improvements when the DPW implements a project for these improvements along Nalani Street in proximity to the subject property. Moreover, the payment of the pro-rata share will be split evenly between each proposed lot. This condition is consistent with a similar condition in Change of Zone Ordinance No. 91-017, which rezoned the property directly adjacent to the north was rezoned from RS-15 to RS-l0 to allow for a two (2)-lot subdivision. In addition, the Director is recommending that the applicant subdivide and dedicate a five (5)-foot future road widening strip along the property's Nalani Street frontage prior to granting Final Subdivision Approval of the proposed two (2)-lot subdivision. According to the Department of Water Supply(DWS), the subject property is currently served by a 5/8-inch County water meter, limited to an average of 400 gallons per day. Water can be made available from an existing 6-inch waterline with Nalani Street fronting the subject parcel. DWS confirmed receipt of the required water commitment payment for one (1) additional unit of water on October 5, 2018. The applicant will be required to maintain the required water commitment, complete water systems improvements, remit facilities charges and convey water system improvements to the County of Hawai`i Water Board prior to additional water meter service being granted. The subject parcel is not served by the County sewer system. According to the applicant, a new septic tank system, approved by the Department of Health, will be installed for each new dwelling. Solid waste will be taken to the South Hilo Sanitary . -4- Landfill by the individual lot owners or a private hauling service. Electricity, telephone and cable services are available to the site. Police, Fire and medical services are available in Hilo. The property has no severe geological or topographical problems which cannot be rectified, or which would render the land unusable. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area outside of the 500-year flood plain. All development generated storm run-off shall be disposed of on-site and not allowed onto adjacent properties or roadways. Conditions will be included to address the Department of Water Supply and Department of Public Works comments. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management. The property is not located in the Special Management Area. The project site is located about 2.5 miles from the nearest shoreline and will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access to the shoreline or mountain areas that traverses the property. No professional archaeological studies were completed for the subject property as it has been cleared and used for residential purposes since 1959. A copy of this rezone application was sent to SHPD as part of this application process. As of the time of this writing, the Planning Department has not received a response. Presently, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of known valued cultural, historical Or native resources in the area. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the Hawai`i State Supreme Court's "PASH" and "Ka Pa`akai 0 Ka `Anna" decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: Investigation of valued resources: No professional archaeological studies were completed for the subject property as it has been cleared and used for residential purposes -5- ( . . • • since 1959. A copy of this rezone application was sent to SHPD as part of this application . • process, at the time of this writing, the Planning Department has not received any response. The valued cultural, historical, and natural resources found in the rezoning area: The applicant is not aware of any features of cultural importance and there is no known• history of traditional gathering associated with the property. As the site has been previously impacted by urban development and residential use it is unlikely that there are any valued cultural, historical, and natural resources to be found in the rezoning area. The applicant has not submitted a formal archaeological survey but has indicated that the subject property had been formerly bulldozed and cleared. Possible adverse effect or impairment of valued resources: There is no evidence of any possible adverse effects or impairments will occur to any valued resources. Since the property has been disturbed in the past, it is unlikely that any archaeological or historic features exist on the property. Additionally, there is no evidence that the flora in the area are particularly desired or used for cultural practices. As the property is improved with a single-family dwelling, no professional flora or fauna surveys were conducted of the site. The property is located in an urban setting in an area dominated by single-family residential uses and has been in residential uses for over 60 years. Feasible actions to protect native Hawaiian rights: As there is no evidence of any valued cultural, historical, and/or natural resources found on the site, there is no action to be taken. The Director is recommending the standard Inadvertent archaeological finds • condition. Lastly, this approval is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the approved use, prior to its commencement or establishment upon the subject properties. Additional governmental requirements may include,but are not limited to, the issuance of building permits, the installation of approved wastewater disposal systems, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply -6- with• such requirements will be considered a violation that mayresult in enforcement q action by the Planning Department and/or the affected agencies. Based on the above findings, approval of this Change of Zone request from a Single-Family Residential- 15,000 square feet (RS-15) to a Single-Family Residential 10,000 - square feet (RS-10) zoning district would result in an appropriate land use pattern that will further the public necessity, convenience and the general welfare. The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map), • Chapter 25 (Zoning Code) of the Hawai`i County Code, is provided for yourfavorable consideration. Please note the proposed conditions of approval attached to the draft bill. • -7- \�Id„ COUNTY OF ISA JAI6I * STATE OF HAWAIgI BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENITAL— 15,000 SQUARE FEET (RS-15) TO SINGLE FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) AT WAIAKEA HOMESTEADS 1ST SERIES, WAIAKEA SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-4-021:059. 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 1St Series, Waiakea, South Hilo, Hawai`i, shall be Single-Family Residential— 10,000 . square feet (RS-10): Beginning at a spike set at the southwest corner of this parcel of land, being also the northwest corner of Lot 24, and on the easterly side of Nalani Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station 'HALAI' being 16,195.30 feet south and 7,936.88 feet east and thence running by azimuths measured clockwise from true south: 1. 175° 40' 77.77 feet along the easterly side of Nalani Street to a nail set; 2. 265° 40' 301.74 feet revised along Lot 20-A and Lot 20-B to a 1/2" pipe set; -1- • 3. 355° 40' 77.77 feet along Lot 5, Huapala Subdivision to a spike set; 4. 85° 40' 301.74 feet revised along Lot 24 to the point of beginning and containing an area of 23,466 Square Feet more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 (2016 Edition, as amended), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of • the proposed use, or • (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. -2- • • SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: • COUNCIL MEMBER, COUNTY OF HAWAI`I • , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: • -J- • SINGLE FAMILY RESIDENTIAL-15,000 SQUARE FEET(RS-15)TO OPEN R5-10 SINGLE FAMILY RESIDENTIAL-10,000 SQUARE FEET(RS-10) OPEN 23,538 SQUARE FEET HAIHA1 ST R5-15 R5-15' R5-15 R5-15 RS-15 R5-15 R5-15 R5-15 RS-15 R5-15 1 R5-15 R5-15 R5-15 R5-15 R5-15 R5-15 R5-15 R5-15 R5-15 R5-15 R5-15 R5-15 R5-15 R5-15 Z R5-15 C mi is i R5-15 Z1111 RS-15 RS-15 R5-15 RS-15 R5-15 R5-15 R5-15 R5-10 R5 15 R5-10 R5-15 R5-15 R5-15 RS-15 RS-15 R5-15 RS-15 R5-15 R5-15 16,195.30 5 IIII RS-15 7,536 35F „HAi 3.1. R5-15 R5-15 R5-15 RS-15 -�� RS-15 RS-15 RS-15 11 g: r,.,;, ....V. �r ;»W ;.. :* .- , 44,1 te.a'M Feet 0 250 500 750 1,000 4 14 C ' OMEN" , THE ,:(_,-uNI : G CO * .,..„. .., AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL - 15,000 SQUARE FEET (RS-15) TO SINGLE FAMILY RESIDENTIAL - 10,000 SQUARE FEET (RS-10) AT WAIAKEA HOMESTEADS 1ST SERIES, WAIAKEA, SOUTH HILO, HAWAII MAP PREPARED BY: TMK:(3)2-4-021:059 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:August 20,2018 EXHIBIT "A" Neskovic Mao: 1400 I • RNeskovicREZ.crk.11.23.18 MIROSLAV NESKOVIC CHANGE OF ZONE APPLICATION (REZ 18-000229) CONDITIONS OF APPROVAL • A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant, successors, or assigns are 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) service laterals that will accommodate a 5/.8-inch meter to front each lot; and 2) 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, which may include conveying the water system improvements and necessary easements to the Water Board. D. Final Subdivision Approval shall be secured within five (5) years from the effective date of this ordinance. E. Restrictive covenants in the deeds of all the proposed lots shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. A copy of the proposed covenant(s) to be recorded with the State of Hawai`i Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be immediately filed with the Planning Department upon its receipt from the Bureau of Conveyances. F. A five (5)-foot wide future road widening strip along the property's Nalani Street frontage shall be subdivided and dedicated, at no cost,to the County, prior to receipt of Final Subdivision Approval for the proposed two (2)-lot subdivision. The applicant, successors or assigns shall provide their pro-rata share for the • construction of full improvements to the entire property frontage along Nalani Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements and any required utility relocation, meeting the approval of the Department of Public Works (DPW). This pro-rata share for roadway improvements specified in this condition shall be determined by the DPW and shall become due and payable to the County of Hawai`i within six (6) months from the date that formal notice is served upon the applicant, its successors or assigns by the DPW regarding a program for the installation of curb, gutter and sidewalk improvements along the frontage of Nalani Street in proximity to the subject property. Each of the two (2) lot owners shall pay half of the of pro-rata share payment. G. All driveway connections to Nalani Street shall conform to Hawai`i County Code Chapter 22, County Streets. • H. All development-generated runoff shall be disposed of on site and not directed toward any adjacent properties. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code. During demolition and construction, measures shall be taken to minimize the potential of both fugitive dust and runoff sedimentation. Such measures shall be in compliance with construction industry standards and practices utilized during construction projects in the State of Hawai`i. J. The method of sewage disposal shall meet with the requirements of the State Department of Health. K. In the unlikely event that surface or subsurface historic resources, including human skeletal remains, structural remains (e.g. rock walls, terraces, platforms, etc.), cultural deposits, marine shell concentrations, sand deposits, or sink holes are identified during the demolition and/or construction work, cease work in the immediate vicinity of the find, protect the find from additional disturbance and contact the State Historic Preservation Division at (808) 933-7651. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. 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 lot 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. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees • Ordinance. N. The applicant, successors and/or assigns shall comply with all applicable County, State and Federal codes, laws, rules, regulations and requirements. O. 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 performance (i.e., a condition to be performed within one year may be extended for up to one additional year). 5. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. 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. MIROSLAV NESKOVIC CHANGE OF ZONE NO . 18-000229 1- Lill -_ .i.!_ .1-,__;;- —...L_ i.'s 4 1--,---- } - ---' - k -, „____,__ _-:,•11411 qi L---'11 1:111--1--.1 -re.- .. ' \ \\____ \ jj\t i I ' \ p-- ---MAlv,-T ' , \ '_, LA , , , L LI, Liti_y_-,--, - --- -- , \- -ri \ \ ___LI-__\ \ \ 1 , n -, , , \ Y.-1, '. 1.t_i - �� - _� ;\ \- I . a �I 1 —� -- --1 1 ---.[1 ,, -,--T - k I , �\ I S -� ,-, - ^ ••-:-�--f-r ,---� Ir -1 r - ` I l �� L_ � i } _,_-1-_-_11._ I- - __ _�1, I _C_��1 -\\C- -1 (- 1r � _i T ��`-_ \ L _..._ I ! N �\ ITS, i [ , t , ,.._____, \ Till _L.._ .., ,,, , 1 ,- ,\_, 1 , : 1 T-1-- \ \ T 1 — 1 , r1,-1T— F-1----1,_ - 4_,_i_r-F-1, pc- II ----) , JIIL JF- \---- .r____Ifij i I LOCATION MAP THE APPLICANT IS REQUESTING: • A CHANGE OF ZONE FROM A SINGLE-FAMILY N RESIDENTIAL- 15,000 SQUARE FEET ( RS- 15) TO A SINGLE- FAMILY � RESIDENTIAL- 10,000 SQUARE FEET (RS- 10) ZONING 2 DISTRICT TO CREATE A TWO-LOT SUBDIVISION . ce ■ THERE IS AN EXISTING, DILAPIDATED SINGLE-FAMILY DWELLING ON THE PROPERTY THAT WILL BE DEMOLISHED, U AND A NEW SINGLE-FAMILY DWELLING WILL BE BUILT ON EACH OF THE PROPOSED LOTS. Q tLL 1 _ O -- • \ \ • -• -.\--- _ , z - t , ___ 1 1 - - I 1._ L _i_4_1_,- 1 --\T f I --\__ i \ , 1 1 ,L 1 \ L I __J�- , ,I - ______r_____,_ _____\„____,- ____, t_____ . _____ _______i_i_ I \ , • ,:, • 1, , \ \ ; L________\ ,, � � , (,-) , \ \ _LI \ I i_ ___ L 1 ____J L \ 1_ L _ ____-__ r. 1 1 I 1 \ \_ _l- } --r ___L---T----T------F---r -7- � I 1 I I ' 4 `I I I 1 \ .S _ I , COUNTY ZONING 1 -- A \ \_______A________1____ -1 1 \ '- ---- k " \ 1 - I I H kr _ \ i j ` H , i 1 t L _____ 1__, 1 1 •\ { I i I r ---- I ,` C , 1.t z 1 i I I { . av { j i '' I l ' i j i, • 1 L _��_ • li •I. i i y ,. - STATE LAND USE BOUNDARY MAP F 1 \ \ \ \ \ \ I'-----1---\ 1 \ \ \ --------I- 1l Z 1 i V i I1 \ .1 l 1 L ! . ' . \ \ \ k i I 1 f� �- L_-- -_T I �_ V - - \ ----\ 1 k k } I I 1. '{ Si l' t I - , �� I I , it I, i t _ y1 ____'' '^ ti I ' I1 ;------ -----\ iii,_ i _ - 14 _ 1 I I �. 1 T I i i I i i 1k v i i 1 I r- I ) L 1 I I, I I I, i 1 j I 11 GENERAL PLAN LUPAG MAP I": 1 iii z ' tr.''-, '\ i' ''''—'"'°'-'...,'.:.,'it'''' 'i' . ; -- ''' '' , ''', ' _.�._ r .5 r ri- o. 'b x ' x x r a _.._ •' 63g. x °Ew',1,.4uKw,g wY.}"".. :.n m.••.r4'.".",„` .nI w+?, � f 4 x E i ; gat, t ' milli 1 ' ' 'WT11'1 ' '''!,-,.?4;1!';4:;Tri'r:i.'t 1,-;' '.. '4 nnA 10. ,,, pill ' . 1 • ...,E AERIAL PHOTOGRAPH F 302,24 f® z ri Q 01 f _.. — ' ' If : ft,o,d. 14- -012a-r .,,,, 1— ,.., co CV pf _ 1 ea t3 44=I I ir .. , ... ,,......::::::,..::,..,...,... Drive' t! )� VVI{ j �j mi CI— . .- 1..1.E This is proposed subdivision layout.Existing house will be demolished and the access will be et South side of the property with is.wide access t � vim:. � ,, . '< i � .� `'sa� m -'= ----,t-,,:t! _ aF y jj � f e - 7I- 7 41,J.,,, „,,..,,,.„.......z.1.• :, s� r� € r,, ?' ' a d Si �' t`' �ce ' ' " d 1 gi4„it i } s �d . .,.,,.:,:,z,.:.,:,„:.... ,:_ .,,.. .,... .... UJ r VJ s w . 7� VIEW OF THE PROPERTY FROM ACROSS NALANI STREET VIEW OF NALANI STREET LOOKING SOUTH w sem" ,- ^• s-...�._= r.`� ;, � .. � � .�, .. ;� Y r r 'aa�� "���. a'� � :. .,. #°x Mme,., E`c.' ., a ae,}..� :. :.. ,� ;.,' E �. ,..: -_.` 'ix .:.; ,�. •!�S,s��'fr a rIr, F $ p * -v'a "S ? ..t may. ..,g•k .°� �. n.,' �a 4 7.7 " > 5 tet ' • VIEW OF NAL VIEW STREET LOOKING NORTH Z 0 PLANNING DIRECTOR' S RECOMMENDATION Lil FORWARD A FAVORABLE RECOMMENDATION TO 8 THE COUNTY COUNCIL FOR CHANGE OF ZONE ce APPLICATION NO . 18-000229 0 U w D • WINDWARD PLANNING COMMISSION COUNTY OF HAWAI`I HEARING TRANSCRIPT DECEMBER 6, 2018 A regularly advertised hearing on the application ofMIROSLAV NESKOVIC (REZ 18-000229) was called to order at 9:01 a.m. in the County of Hawai`i Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai`i with Chairman Joseph Clarkson presiding. COMMISSIONERS PRESENT: Gilbert Aguinaldo, JosephClarkson, Donald Ikeda, Thomas Raffipiy, John Replogle. ABSENT & EXCUSED: Donn Dela Cruz. ALSO PRESENT: Michael Yee (Planning Director), Malia Hall (Deputy Corporation Counsel for the Windward Planning Commission), Jeff Darrow(Planning Program Manager), Christian Kay(Planner), Melissa Dacayanan(Planning Commission Support Technician),_,and Sarah Hata-Finley(Commission Secretary). .. And 6 members from the public in attendance w APPLICANT: MIROSLAV NESKOVIC (REL-18700p229) Application for a Change of Zone,from Single FamilyResidential-15,000 square feet(RS-15) to a Single-Family Residential-.10,000_square feet--(R$L10) zoning district for approximately 23,538 square feet of land. The subject property is located at 69 Nalani Street, approximately 663 feet south of its intersection with.Haihai Street, Waiakea Homesteads 1s` Series, Waiakea, South Hilo, Hawaii;-TMK: (3) 2 4-021 059 CLARKSON: And with"that, we'll_proceed with the first item on today's agenda which is an application--from Miroslav Neskovic, a rezone application. Christian, please? KAY: Yes, thankyou, Mr. Chair. Good'morning, Members of the Planning Commission. It's good to see you: The first application is a Change of Zone. The subject parcel filled in, in red is located in the South Hilo District Of Hawai`i County; more specifically, in the Waiakea Homesteads area. For reference, we've got Haihai Street running generally east-west through the slide. The Hilo Municipal Golf Course located here to the north and then I'll just move forward—the Applicant is requesting a Change of Zone from a Single-Family Residential– 15,000 square foot designation to a Single-Family Residential– 10,000 square feet designation to create a 2-lot subdivision. There is an existing dilapidated single-family dwelling on the property that will be demolished, and a new single-family dwelling will be built on each of the proposed lots. The County zoning for the, much of the surrounding area is that RS-15. There is a parcel directly adjacent to the north of the subject parcel that was zoned to RS-10 in 1991, and they 1 L similarly subdivided the lot into two. Other zoning in the area is Open to be consistent with the golf course, and again for reference, Haihai Street is running east-west through the slide, and Nalani Street is where the subject parcel is located. The State Land Use designation for the subject parcel and the surrounding area is Urban. The General Plan designation for the subject parcel and surrounding area is Low Density Urban as indicated in the mustard yellow color. Here's an aerial photograph of the subject parcel. Again, you can see the existing dwelling on the parcel that is going to be removed from the property, and again, the property to the north, it was rezoned in 1991 showing two single-family dwellings on each of the resultant lots. And, here's the Applicant's submitted site plan. We've got Nalani Street running north-south through the slide, and the two-lot subdivision indicating the dwelling on each lot. Here's a photo of the site from across Nalani Street. You can see the a existing dilapidated dwelling that will be removed, and here are some views of Nalani Street. Looking south on the upper left, the subject parcel is on the left-hand side, and then looking''north on Nalani Street, the subject parcel is located on the right-hand side. The Planning Director is recommendingto forward a favorable recommendation to the County Council for the Change of Zone with conditions. With that and my presentation, I am happy to answer any questions the Commission may have. RAFFIPIY: I have a question. KAY: Yes, sir. r _ RAFFIPIY .Can you, can you go back,to the aerial view of the property? KAY: Mm-hmm. RAFFIPIY Right there. What is that to the—what is that, is that the north to my right? I mean, that's the north, yeah? Right there. What is that brown, that looks like some—no, on that property, the parcel that we're looking at. That, that parcel within the red. KAY: Oh yes, okay. RAFFIPIY: Right there. What is that? Is that—it's not a riverbed or anything? KAY: I don't believe so. We didn't identify any riverbed. That may just be a depression in the topography. I can have the Applicant address that when he comes up. RAFFIPIY: Okay, thank you. CLARKSON: I also have a question, and it has to do with the driveway design. I noticed that the Fire Department normally requires a 20-foot width, but in certain circumstances, a 15-foot 2 width is okay. This is a proposed 15-foot width, but does the design of the driveway for the two houses pass muster with the Fire Department because I know there's some turnaround issues and that sort of thing. KAY: Yeah, that will all take place in the Building Permit process in terms of the requirement, or if it needs to be wider, then they'll have to account for that. CLARKSON: Okay, so that doesn't have to be decided now. KAY: That's correct. CLARKSON: Okay. If there are no more questions, I'll ask-the Applicant or their representative to please come forward. Please take a seat, yes, and when you speak,please use the microphone, and first we're going to swear you in. Would you please raise your right hand? Do you swear or affirm to tell the truth on this matter before the Planning Commission today? NESKOVIC: Ido. CLARKSON: Please introduce yourself and then proceed to tell us what you wish to tell us. NESKOVIC: Sure. Good morning, everybody. My name is Miro Neskovic. We—we are, me and my best friend, are partners here on this property. We purchased property about six months ago and planning to build two homes so we can both live next to each other. We notice that depression. I'm not really sure. It looked like somebody was doing the yardwork and just kind of putting some dirt there and trees and mulch and stuff,but it did not, it's not the depression. There is a downslope going towards the house,neighboring property, but it's very minimal there. I'm not really sure what other questions you guys have, but we can tackle those now if you have anything. CLARKSON: Any questions from the Commission for the Applicant? I don't have any. Oh yes, I'm sorry, have you read the conditions that would go with any favorable recommendation, and do you approve of them? NESKOVIC: Yes. I'm okay with those. CLARKSON: Okay,thank you. If there are no further questions, thank you. Please be seated. NESKOVIC: Thank you. CLARKSON: And, there being no members of the public wishing to testify on this matter, I'll ask the Commission for a motion that public testimony be closed. REPLOGLE: I move that public testimony be closed. IKEDA: Second. 3 CLARKSON: It's been moved and seconded that public testimony be closed. All those in favor? COMMISSIONERS: Aye. CLARKSON: Opposed? Motion carries. Public testimony is closed. At this time, I'd like a motion for action on this matter. REPLOGLE: I move that a favorable recommendation be forwarded to the County Council on the application for a zone change, Docket No. REZ 18-[0]00229 based on the Planning Director's recommendation and proposed amended [sic] conditions which shall be adopted. IKEDA: Second. CLARKSON: It's been moved and seconded. Would the staff please,,poll the Commission? KAY: Yes, thank you, Mr. Chair. Commissioner Replogle? REPLOGLE: Aye. KAY: Commissioner Ikeda? IKEDA: Aye. KAY: Commissioner Aguinaldo?: AGUINALDO: Aye. KAY: Commissioner Raffipiy? RAFFIPIY: Aye. KAY: And Chair Clarkson. CLARKSON: Aye. . KAY: Thank you, Mr. Chair. The motion carries five, nothing. ..-................ CLARKSON: You'll be notified in writing very shortly about the action today. NESKOVIC (from audience): Thank you. CLARKSON: You're welcome. 4 The discussion ended at 9:10 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission • 5