HomeMy WebLinkAboutCOM 0366.000 2018-2020 J�SYfOF N�ly
c!?•��� +,, Wil Okabe
Managing Director
Harry Kim *'
Afay°' Barbara I Kossow
Deputy Managing Director
�tE•Of N�•N
kullunfv of Patual"i
Offirr of for Anvor
25 Aupuni Street,Suite 2603 Hilo,Hawaii 96720 • (808)961-8211 Fax(808)961-6553
KONA: 74-5044 Ane Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawaii 96740
(808)323-4444 Fax(808)323-4440
July 12, 2019 "
Aaron S. Y. Chung, Council Chair
and Members of the County Council
County of Hawaii iz
25 Aupuni Street
Hilo, HI 96720
Dear Chair Chung and Members:
SUBJECT: Change of Zone Application (REZ 19-000235)
Request: A-3a to RS-10
Applicant: Charles Umemoto
Tax Map Key: 2-4-080:013
As required by Chapter 7, Sec. 6-7.5 (a), Hawaii County Charter, transmitted herewith for the
County Council's consideration and action are the Windward Planning Commission's letter and
enclosures regarding the above-referenced requests.
Sincerely
WIL OKABE
Managing Director
MTiansCouncilUmemotoREZ 19-23 5
Enclosures
cc: Planning Department
tl 9O >
comm. No.
County of Hawaii is an Equal Opportunity Provider and Employer. Ref.To:K
Ref. Date
Hairy Kim o.., , Joseph Clarkson, Chair
kfayor o =� �,�� : Thomas Raffipiy,Vice Chair
•: :t Gilbert Aguinaldo
Wil Okabe Dean An
LlmtngittgDirect°r +r wMo;:��� Donn Dela Cruz
,rEOFN�'�
John Replogle
County of Hawaii
WINDWARD PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720
Phone(808)961-8288 • Fax(808)961-8742
JUL 12 2019
Aaron S.Y. Chung, Council Chair
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chair Chung and Council Members:
SUBJECT: Change of Zone Application (REZ 19-000235)
Applicant: Charles Umemoto
Request: A-3a to RS-10
Tax Map Key: 2-4-080:013
The Windward Planning Commission,at its duly held public hearing on July 11,2019,recommended
for your approval the proposed legislative bill for a Change of Zone from an Agricultural-3 acres
(A-3a) to a Single-Family Residential-10,000 square feet (RS-10) zoning district. The property is
located at the end of Mailani Street,on the west side of Ho`omalu Street,Waiakea Homesteads,South
Hilo District, Hawaii.
F
The Commission concurs with the following Planning Director's reasons for recommending favorable
consideration of the request:
The applicant is requesting a change of zone from Agricultural-3 acre(A-3a)to Single-
Family Residential — 10,000 square feet (RS-10). The applicant intends to subdivide the
property into twenty-seven(27)lots as wel l as one(1)road lot for the Mailani Street extension
that will be built to County decidable standards. All lots will have County water and the
Subdivision will have fire hydrants,as well as overhead utility lines for power,phone and cable
services. There is no County sewer system in the area,so the owners will construct individual
septic wastewater systems meeting with the approval of the Department of Health.Subdivision
improvements are estimated to cost approximately$475,000.The applicant intends to have the
lots on the market by November 2019.
vtv„w_,E7 tannin d pt ont Hawaii County is an Equal Opporluniry Provider and Emplgyer [�Ll,PIF11E ashLIN a e)U tV>oN
Aaron S.Y. Chung, Council Chair
and Members of the County Council
Page 2
The subject 7.631-acre parcel is rectangular shaped and located at the southern end of
Mailani Street. The subject parcel is fairly flat, with no apparent topographic elements most
likely due to previous land grading and grubbing. The elevation of the site is approximately
500 feet above mean sea level. There are no existing structures, landscaping, and/or
development on the parcel.
The Change of Zone request from Agri cultural-3acre (A-3a) to Single Family
Residential— 10,000 square feet(RS-10) conforms to, among others, the goals, policies
and standards of the General Plan Economic and Land Use Elements.
In order to consider an area for any type of zoning designation,the applicable goals,
policies and standards of the General Plan must be adequately addressed. It is only through
such a comprehensive policy analysis approach that evaluations and decisions can be made to
better time and stage developments to achieve growth determined by the General Plan and
related planning documents.The implications of these evaluations and decisions must be also
considered as they may have an impact on similar areas in the County.
The proposed Change of Zone will conform to, among others, the goals, policies
and standards of the Land Use and Land Use-Single-Family General Plan Elements:
Land Use
• Designate and allocate land uses in appropriate proportions and mix and in keeping
with the social, cultural and physical environments of the County.
• Allocate appropriate requested zoning in accordance with the existing or projected
needs of neighborhood, community, region and County.
L
• Promote and encourage the rehabilitation and use of urban areas that are serviced by,
basic community facilities and utilities.
• Encourage urban development within existing zoned areas already served by basic
infrastructure, or close to such areas, instead of scattered development.
• 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.
I
Aaron S.Y. Chung, Council Chair
and Members of the County Council
Page 3
Land Use: Sinl4le-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.
The requested change of zone conforms to the General Plan Land Use Pattern
Allocation Guide (LUAG) Map. The Land Use Pattern Allocation Guide (LUPAG) Map
component of the General Plan is a representation of the document's goals and policies to
guide the coordinated growth and development of tile County. Itreflects 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 subject area is designated Low
Density Urban(Idu).Low Density Urban are those residential lands with ancillary community
and public uses as well as neighborhood and convenience-type commercial uses. For the ldu
designation, overall residential density may be up to six (6) units per acre.
The subject parcel is property is 7.631 acres in size and is roughly rectangular in shape.
The parcel is located at the undeveloped end of Mailani Street in the Waiakea Homestead lots.
The parcel is currently undeveloped and overgrown,and was completely cleared and graded in
the past. The parcel is currently vacant of any structures or improvements. Although ohana
dwellings are permitted in the County's Residential zoned district,a condition will be included
to incorporate restrictive covenants in the deed of all lots to prohibit ohana dwellings on the
lots.
The applicant's proposal to subdivide the property into 27 lots is consistent with the
Low Density Urban designation.This designation reflects the existing low-density residential
development in this area of the Waialcea Homestead lots. The area is primarily residential in
character with some agricultural lots. The proposed change of zone would complement the
existing land uses in this area and will provide for an orderly development of the area.
Surrounding properties are situated within Single-Family Residential (RS) and
Agricultural (A) zoned districts. Immediately north and west of the subject parcel are lots
zoned Single-Family Residential— 10,000 square feet(RS-10), with a portion of the western
property line bounded by an Agricultural-3 acre(A-3a)zoned parcel.To the south are other A-
Aaron S.Y. Chung, Council Chair
and Members of the County Council
Page 4
3a zoned parcels, while the entire eastern side of the subject parcel is bounded by a block of
Agricultural-1 acre(A-1 a)lots created by subdivision of lot 813 of the Waiakea Homesteads in
1961. The surrounding lands uses are predominately used for single-family residences.
The proposed request will result in a more appropriate land use pattern that will
further the public necessity and convenience and the general welfare. When considering
any request to change the zoning district of a property,the Director shall consider the purpose
of the existing and proposed zoning district and the purpose of the Zoning Code and shall
recommend a change in zoning only where it would result in a more appropriate land use
pattern that will further the public necessity and convenience and the general welfare.
The predominant land use in this area is single-family residential with the exception of
a few Agricultural zoned parcels in the vicinity of the proposed project site. The majority of
the single-family residential parcels range between 10,000 to 15,000 sq. ft. in size and are
zoned either RS-10 or RS-15. If approved, the proposed zoning of this site would be lots
averaging 10,000 sq. ft. in size which would be consistent with the surrounding parcels zoning.
For the purpose of promoting health, safety, or the general welfare of the County,the
Zoning Code regulates and restricts the height, size of buildings, and other structures, the
percentage of a building site that may be occupied,off-street parking, setbacks, size of yards,
courts,and other open spaces,the density of population, and the location and use of buildings,
structures, and land for trade, industry, residence, or other purposes. In considering the
purposes of the Zoning Code in relation to the proposed request, the approval of the request
will result in a higher density.If approved,the applicant could build a dwelling on each of the
newly created lots, resulting in an increase in the overall unit density within the project site.
In considering the request in relation to the surroundingzoning,the request will result
in an appropriate land use pattern.The subject property is surrounded on three sides by parcels
that are zoned for single-family residential use, which will be similar to the proposed
subdivision and will allow for the same density as the surrounding parcels.
Based on the above information,the proposed request will result in a more appropriate
land use pattern that will further the public necessity and convenience,and the general welfare
of the County.
Aaron S.Y. Chung, Council Chair
and Members of the County Council
Page 5
r
The proposed request will not burden public agencies to provide utilities and
services to the subject property. Access to the subject parcel is via W. Kawailani Street to
Mailani Street direct to the lot. Mailani Street will be extended as a right-of-way to create the
appropriate ingress/egress to the subdivision. All road work will conform to Chapter 22 of the
Hawaii County Code(HCC): Streets and Sidewalks.According to the Department of Public
Works (DPW), the proposed RS-10 zoning will require that the Mailani Street extension be
constructed with curbs,gutters, and sidewalks with decidable pavement.The proposed right-
of-way(i.e., Mailani Street extension) should match with the existing Mailani Street, which
according to the Ahualani Subdivision Unit 1 final subdivision map,the right-of-way width is
50-feet.
According to the Department of Water Supply(DWS)a water commitment deposit has
been paid for the 26 additional lots of the 27-lot subdivision.Pursuant to Rule 5 of the DWS
Rules and Regulations, a water commitment for the proposed development in the amount of
10,400 gallons per day,or 26 additional units of water,was granted to the applicant until April
30, 2022. Conditions of approval include the construction of necessary water system
improvements such as water mains and service laterals.The applicant is also required by DWS
to remit the prevailing facilities charge which is due and payable upon completion of the
installation of the required water systems, and prior to final subdivision approval.
As there is no municipal wastewater system in this area,wastewater will be disposed of
by an individual wastewater system, meeting the requirements of the Department of Health.
This will be done by the respective landowner in conjunction with the construction of a
dwelling.
i
The subject property is located within an area designated as Flood Zone "X", or an
"Area of Minimal Flood Hazard." As conditions of this recommended ordinance, all
development generated runoff shall be disposed of onsite and not be directed toward any
adjacent properties. Moreover, all earthwork and grading shall comply with Hawai`i County
Code Chapter 10, Erosion and Sediment Control and all development shall comply with
Hawaii County Code Chapter 27, Floodplain Management.
All other essential utilities and services are or can be made available to the site.
The subject request is not contrary to Chapter 205A, Hawaii Revised Statues,
relating to Coastal Zone Management. The property is not located in the Special
Management Area.The site is located approximately 3.38-miles from the nearest shoreline and
Aaron S.Y. Chung, Council Chair
and Members of the County Council
Page 6
therefore will not be impacted by coastal hazard and beach erosion. There is no record of a
designated public access that traverses the property.No valued cultural,historical or natural
resources exist on the property and there is no evidence of any traditional and customary
Native Hawaiian rights being practiced on the site.Thus, it is not anticipated that the proposed
request will have any adverse impact on cultural or historical resources in the area.
In view of the Hawaii State Supreme Court's"PASH"and"KcrPu'akai 0Ka`Aina"
decisions,the issue relative to native Hawaiian gathering and fishing rights must be addressed
in terms of the cultural, historical, and natural resources and the associated traditional and
customary practices of the site:
• Investigation of valued resources: No formal archaeological reconnaissance survey,
oral history of kama`aina accounts of the area, historical survey of documentary
records, or botanical study was included in the application.
• The valued cultural,historical,and natural resources found in the rezoning area: The
property has formerly used for cattle grazing and it is anticipated that no historic
properties will be affected.A request for review has been submitted to the Department
of Land and Natural Resources- State Historic Preservation Division to determine if
any historic properties would be affected by the proposed change of zone.
• Possible adverse effect or impairment of valued resources: Native plants may be
destroyed by ground alteration. There is no evidence that the flora in the area are
particularly desired or used for cultural practices.
• Feasible actions to protect native Hawaiian rights: No gathering is taking place on the
site.Thus,to the extent to which traditional and customary native Hawaiian rights are
exercised,the proposed action will not affect traditional Hawaiian rights;therefore,no
action is necessary to protect these rights.
Lastly,this approval is made with the understanding that the applicant remains responsible for
complying with all other applicable governmental requirements in connection with the approved
use, prior to its commencement or establishment upon the subject property. Additional
governmental requirements may include the issuance of building permits, the installation of
approved wastewater disposal systems, compliance with the Fire Code, installation of
improvements required by the American with Disabilities Act (ADA), compliance with
DLNR-SHPD requirements, among many others. Compliance with all applicable governmental
Aaron S.Y. Chung, Council Chair
and Members of the County Council
Page 7
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 the Change of Zone request from Agricultural-
3 acre (A-3a) to Single-Family Residential — 10,000 sq. ft. (RS-10) would result in an
appropriate land use pattern that will fiu•ther the public necessity and convenience and the general
welfare.
The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map) Article 8,
Chapter 25 (Zoning) of the Hawaii 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 to be provided under
separate cover.
Sincerely,
Jose I1 B, Digitally signed by Joseph
p B.Clarkson
Clarkson Date:2019.07.12
06:19:39-10'00'
Joseph Clarkson, Chairman
Windward Planning Commission
LUmemotoREZ 19-235wpc2
Enclosures
cc: Craig Lindner
Charles Umemoto
Department of Public Works
Department of Water Supply
Ronald Kim, Esq., Corporation Counsel
B UNI EMOTO U K aj r.0 5.14.19
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
CHARLES UMEMOTO
CHANGE OF ZONE APPLICATION NO. 19-000235 (REZ 19-000235)
CHARLES UMEMOTO has submitted an application for a Change of Zone from an
Agricultural-3 acre (A-3a) zoning district to a Single-Family Residential — 10,000 square feet
(RS-10) zoning district for the entire 7.631-acre parcel. The subject parcel is located at the
southern end of Mailani Street, Waiakea Homesteads, 2nd series, South Hilo, Hawaii,
TMK: (3) 2-4-080:013.
PROPOSED ACTION
1. Applicant's Request/Project Description: A Change of Zone from an Agricultural-
3 acre (A-3a) zoning district to a Single-Family Residential— 10,000 square feet (RS-10)
zoning district in order to subdivide the subject parcel into 27 separate lots along with a
road lot for access. The applicant is proposing to sell the lots once the property is
subdivided.
2. Timetable/Cost: The applicant intends to commence the subdivision and development
process immediately upon securing County rezoning approval. The cost of the
improvements are estimated to be $475,000. The applicant intends to have the lots on the
market by November 2019.
3. Supportive Information: The applicant has submitted the attached in support of the
request: (Planning Department Exhibit 1 - Change of Zone Application Received
February 28, 2019)
4. Landowner: Charles Umemoto
STATE AND COUNTY PLANS
5. State Land Use Designation: Urban
6. General Plan Designation: Low-Density Urban (ldu)
7. County Zoning: Agriculture 3-acres (A-3a)
8. Hilo Community Development Plan (Hilo CDP): The Hilo CDP was adopted by
Resolution No. 1 on May 21, 1975. The plan calls for RS-10 and RS-15 for this area.
9. Special Management Area: The subject property is located about approximately 3.38-
miles from the nearest shoreline and is not situated within the Special Management Area.
DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA
10. Subject Property: The subject parcel is property is 7.631-acres in size and is roughly
rectangular in shape. The parcel is located at the undeveloped end of Mailani Street in the
Waidkea Homestead lots. The parcel is currently undeveloped and overgrown, and was
completely cleared and graded in the past. The parcel is currently vacant of any structures
or improvements.
11. Surrounding Zoning/Land Uses: The surrounding zoning in the area is a mix of Single-
Family Residential (RS) and Agricultural (A) zoned districts. hmnediately north and west
of the subject parcel are lots zoned Single Family Residential — 10,000 square feet (RS-
10), with a portion of the western property line bounded by an Agricultural 3-acre (A-3a)
zoned parcel. To the south are other A-3a zoned parcels, while the entire eastern side of
the subject parcel is bounded by a block of Agricultural-1 acre (A-la) lots created by
subdivision of lot 813 of the Waidkea Homesteads in 1961. The land uses consist mainly
of single-family dwellings in the RS-10 and A-la zoning districts.
12. Flood Zone: Zone "X", an area detennined by FEMA to be "within an area of minimal
flood hazard".
13. ALISH: Existing Urban Development.
14. Land Study Bureau's Productivity Rating: Existing Urban Development.
15. Flora/Fauna Resources: No professional floral or faunal surveys were conducted on the
subject parcel as the site has been previously cleared/graded and is located within a well-
developed residential urban enviromnent.
16. Archaeological/Historical Resources: As the site was previously graded and cleared, no
commissioned archeological survey of this site was completed. The applicant states that,
if needed, an archeological monitoring plan can be prepared and implemented in
conjunction with further land clearing activities.
17. Cultural or Native Gathering Rights: There is no evidence of any traditional and
customary Native Hawaiian rights being practiced on the site, nor existence of any known
valued cultural, historical or native resources in the area.
-2-
18. Public Access: There is no record of a designated public access to the shoreline or
mountain areas that traverses the property.
PUBLIC UTILITIES AND SERVICES
19. Access: Access to the proposed lots will be from Mailani Street, a County owned and
maintained roadway. Mailani Street will be extended within a 60-foot right-of-way that
will create the appropriate ingress/egress for the new subdivision. The new road shall
confonn to Chapter 22, Streets, Sidewalks, of the Hawaii County Code. The interior
paved subdivision road shall be installed with curbs, gutters, and sidewalks that meet
with the approval of the Department of Public Works. The Department of Public Works
(DPW) recommends that the proposed right-of-way through the new subdivision should
match with the existing Mailani Street development, which according to the Ahualani
Subdivision, Unit 1 final subdivision map, the right-of-way width is 50 feet.
20. Water: There is currently a 6-inch water line running along Mailani Street. The
Department of Water Supply (DWS) provided documentation that the required water
commitment deposit for the proposed development has been paid. DWS states that the
proposed increased water commitment would be granted if the applicant constructs the
r
necessary water system improvements, which shall include, but not be limited to: water
main installation; service laterals that will accommodate a 5/8-inch meter to front each
lot; relocation and adjustment of the DWS affected water systems facilities (should they
be necessary); and fire hydrant spacing of no more than 600 feet apart. The applicant will
also be required to remit the prevailing facilities charge upon completion of the required
water system improvements and prior to final subdivision approval being granted.
21. Wastewater: There is no County sewer system in this area. Individual septic systems
meeting the approval of the Department of Health would be allowed in this area. This
will be completed by each respective landowner in conjunction with the construction of a
dwelling.
22. Solid Waste: The applicant states that solid waste will be handled through commercial
haulers or the individual homeowners into authorized landfills sites or transfer stations.
23. Essential Utilities and Services: Police, Fire and medical services are available in Hilo.
All other essential utilities are available to the property.
-3-
AGENCIES' COMMENTS
24. Department of Public Works- Engineering Division: (Planning Department Exhibit
2 —April 10, 2019 memo)
25. Department of Water Supply: (Planning Department Exhibit 3 — March 28, 2019 &
April 165 2019 letters)
26. State Department of Health: (Planning Department Exhibit 4 — March 27, 2019
memo)
27. State Department of Transportation — Airports Division: (Planning Department
Exhibit 5—March 29, 2019 letter)
28. State Department of Land and Natural Resources —Engineering Division: (Planning
Department Exhibit 6—March 20, 2019 memo)
AGENCIES - NO COMMENTS/CONCERNS
29. Department of Environmental Management, Police Department, Department of Public
Works—Building and Traffic Divisions, State Department of Land and Natural Resources-
Land Division, State Department of Land and Natural Resources—Division of Forestry
and Wildlife, and State Historic Preservation Division.
AGENCIES - NO RESPONSE
30. Fire Department, State Office of Planning, and HELCO
PUBLIC COMMENTS
31. As of this writing, the Plam-ing Department has not received any written comments or
objections from the general public or adjacent landowners on the subject application.
-4-
APPLICATION
FOR COUNTY REZONING
(A3-a to RS-10)
APPLICANT: CHARLES UMEMOTO/AUDREY TERADA
WAIAKEA HOMESTEADS
SOUTH HILO, HAWAII
TAX MAP KEY: (3) 2-4-080-013
Planning Dept.
Exhibit
CHARLES UMEMOTO/AUDREY TERADA
PO BOX 6211
HILO, HAWAII 96720
February 14, 2019
Mr. Michael Yee, Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, Hawaii 96720
Dear Mr. Yee:
Subject: Change of Zone Application- Umemoto/Terada
Waiakea Homesteads, South Hilo, Hawaii
Tax Map Key: (3)2-4-080-013
Transmitted herewith for your review and processing is an application to rezone 7.631
acres of land from (A-3a) to (RS-10). The property is located on the south side of W. Kawailani
Street.
If approved, the applicant intends to subdivide the 7.631 acres into 27 lots and a road
lot. Each lot will consist of a minimum of 10,000 square feet.
The transmittal includes the a) original and original twenty (20) sets of the application
form, departmental questionnaire, and environmental report, which includes the location and
proposed site plan; b) processing fee of$1,175.00; c)a copy of the proposed site plan; d) a list
of the surrounding owners within (300) feet; e) real property tax clearance form; and f) the
metes and bounds description; g) letter of authorization form applicant allowing Craig Lindner
to process application.
We trust that everything is in order for your acceptance and processing of this
application. If not or if there are questions relating to this matter, please contact : Craig Lindner
phone (808)936-5497. Email lindnerworld@gmail.com. Thank you very much.
Sincerely,
11�55
Charles Umemoto u Terada
1
CHANGE OF ZONE APPLE AF'I� 6 Q9
COUNTY OF HAWAII F r tiJr �r
PLANNING DEPARTMENT
(Type or legibly print the requested information)
APPLICANT.
APPLICANT'S SIGNATURE: DATE: tGt�
ADDRESS.
LIST APPLICANT'S INTEREST IF NOT OWNER-
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: ��� � � U
PHONE:(Bus.) (Res.) (Fax)� � ��
LANDOWNER(S): L �i7C:--1 G
LANDOWNER SIGNATURE(S): DATE:
LANDOWNER(S) ADDRESS: �� (tyiae bt�etter)
1 /4,t 44
REQUEST: —3c'� TO S
(Existing zonuig) (Proposed Zomig)
TAX MAP KEY:
STREET ADDRESS OF PROPERTY:
w
SIZE OF PROPERTY OR AFFECTED AREA(S)TO BE REZONED: �%�
AGENT: 1
ADDRESS:
TELEPHONE:(Bus.) / �/ /(Res.) (Fax)
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: &(/W 6-7X,0)COPIES:
ATTACHMENT
ResrlentalRezon:hg
PLANNING DEPARTMENT
COUNTY OF HAW ATI
APPLICATDN FOR CHANGE OF ZONE
1. Ifyourmquestis appmved,do you Mend to subdivate
the sub�c hnd in accordance with the approved change
ofzone?
ifyes,pbase answerthe mstofquest hn 1 and then b
questim 3.
a. How m any acres of the mquested aura do you amend b
subdisk ie?
b. hrtfl whatbtshes?
C. Jfyourmquestis approved,appmxin ately how bng
aflerthe date ofappmvaldo you e_xpectb subm Jt
yoursubdiTisbn plans b the P.hnnng DepaAm ent
tbrprelin clary appmval�
d. Do you intend to bull houses on the newly created
bis? �U
ifyes,phase answerthe folbwahg questhns:
on how m any of those bts?
Atwhatappmxin at pike range? House t
Lots
Total
Appmx.Jn ately how bng,of Brappmvalof I`
the subdar sbn,would the fmthouse be
avaibbb foroccupancy?
Ifyou mend ID subdiuste,phase subm ita
pmlm:hazy schem atic subdivbian plan together
with yourchange of zone application bim .
i
i
Z. Ifyou have no fm plans ofsubdi r bg the subj,-ctama,
do you btend tD:
a. Sellor-base the land tD som eone who has fam
plans?
b. Sellorbase the land tD som eone who has tentage
plans?
C. S ellorlaase the land to som eone who has no plans? _
d. Keep it
e. other Please state)
f. Ifyou iatendto do eithera,b,orc,please elaborate
on the kiid ofphns the otherpariyhas.Phase,abo,
include b youransw erappiD h ately how soon after
appmvalofyourmzonbg do you e.pectto bansferthe
subj�-ctland to anotherpaiLy.
3, Do You thbk thatyourmquestand yourfuxtherphns
fDrthe land w2lalbvale the bcalhousbg sibathn?
How?
4. Am them anyburgs on the subjE�ctama?
w hatkind?
If so, •
whatdo you Mend b do with those buklbgs ifyour
mquestis approved?
i
-2-
5. Is the subj�cthnd cumntly being used fDrany /
agriultumlactiritj? lt1 C3
Ifso,pbase listthe kinds ofpmducts gmwn and on
how many square feetoracres ofland perpmduct
6. To yourknowbdge,has there been any flooding and/or
drainage pmbl?m on the subj�ctama?
Ifso,pbase descrbe the pmbbm .
Do you think thatthe mads-badhg to the subj�ctarea
needs in pmvem ent?
If so,whatkind?
Is the mad adequat forthe proposed traffic vobm e
or-bad?
B. W hatsoitofgovernm entalassistance and/orm pmvem ents
do you feelwMe needed in the subj�ctama when
devebped?
es N-0
a. School; �(
b, Roads
Sewer
d. D coinage ,x
e, poke P mtecthn �`
C
1
Yes ALD
E Fire P mtection
9. RecmatbnalFaC2feS C
h. Publr;Utates
other
Forthose checked 'Yes,"phase elaborate whattype orkinds of
mpmvem ents and/or assistance axe needed.
L,>
S ' natum:
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COUNTY ENVIRONMENTAL REPORT
COUNTY REZONING REQUEST(A-3a TO RS-10)
CHARLES UMEMOTO/AUDREY TEREDA
WAIKAKEA HOMESTEADS, SOUTH HILO, HAWAII
TAX MAP KET: (3) 2-4-080-013
I. INTRODUCTION
The applicant, Umemoto/Tereda, is requesting to have a 7.631- acre parcel
rezoned from Agriculture (A-3a) to Single -family Residential (RS-10) in Waiakea
Homesteads, South Hilo, Hawaii. The property is located on the south side of W.
Kawalani Street on Mailani Street.
If approved, the applicant intends to subdivide the subject site into 27 residential
lots, with a minimum area of 10,000 square feet.
II. PROJECT LOCATION
The property is located on the south side of W. Kawalani Street. There is a
number of residential subdivisions in the vicinity of the subject site. The entire
property is relatively level, access to the parcel is via Mailani Street.
III. PROJECT DESCRIPTION
A. Project Concept and Components
The subject site consists of 7.631 acres. The applicant wishes to subdivide
the subject property into 27 lots and a road lot for access. If approved, the
proposed lots would consist of a minimum of 10,000-square feet in size.
The applicant understands that the subdivision plan submitted herein may
change prior to receipt of the final subdivision approval to accommodate
County subdivision requirements and appropriate conditions of zoning
approval.
B. Project Timetable and Cost
The applicant hopes to secure the necessary County rezoning approval as
soon as possible and begin the subdivision and development process
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immediately thereafter. Tentatively, plans call for having the lots on the
market in November 2019.
The costs of the improvements are estimated at$ 475,000.00.
IV. INSTITUTIONAL CONSIDERATIONS
A. State Land Use
The subject site is designated Urban. Based on the proposed lot size, no State
Land Use Commission action is required. The County of Hawaii can process
the rezoning request.
B. County General Plan
The County General Plan Land Use Pattern Allocation Guide (LUPAG) map
designates the subject site as Low Density Urban. This designation allows
consideration for uses that are single-family residential in character, ancillary
community and public uses and convenience type of commercial uses.
Based on the requested Single-family Residential (RS-10) zoning the project
would be consistent with the current General Plan, and no amendments
would be required.
C. Hilo Community Development Plan
The Community Development Plan (CDP) attempts to further define the
General Plan and serves as a guide for decision makers. It was adopted by
the Planning commission in 1975 over 40 years ago. Although reviewed by
the County Council, the CDP was never adopted by ordinance. The County
Charter requires all change of zones to be consistent with the designation in
the General Plan. In this case the General Plan LUPAG designation is Low
Density Urban, and thus, the requested RS-10 zoning would be consistent.
D. County Zoning
The proposed zoning of the subject property is Single-family Residential (RS-
10). Properties in the general area of the subject site are characterized by
single-family residential lots ranging between 10,000 square feet to 15,000
square feet.
If approved, the site would be subdivided in a manner generally meeting with
both the Zoning and Subdivision Codes. Further, all uses and standards
consistent with the requested RS-10 zone would be adhered to.
E. Special Management Area
The site is not located within the County Special Management Area (SMA). As
such, no SMA Use Permit would be required. However, as the entire island
falls with the State Coastal Zone Management (CZM) Area, some discussion of
the request's relationship to the CZM Program follows.
The site is not adjacent to the ocean. It is more then 4 miles from the
shoreline. As such,the proposed action should not have any adverse impacts
on the area's coastal recreational and marine resources nor have any impacts
on beach protection.
The likelihood of this improvement having any impacts to the area's historic
resources is not high. The site was previously bulldozed by its predecessor. In
the event any archaeological features are found during any earth disturbance
activity, work will stop within the affected area until clearances from the
appropriate County and State agencies.
The proposed action will eventually involve the construction of improvements
(particularly a dwelling unit) in an urban setting. Accordingly, there is a
potential visual impact to the area's scenic and open space resources.
However, given the relatively flat terrain and location or this site, the views of
Mauna Kea or Mauna Loa should not be impeded.
Relative to the Coastal Ecosystems, impacts should be negligible, if at all, as
the site is located well over four miles from the ocean. Notwithstanding the
distance, the nature of the project-residential- are such that potential coastal
ecosystem impacts would usually not be found.
The proposed action will result in creating more residential lots in this area.
This should thus provide short-term construction jobs. In the long run, by
aiding the housing situation,the project could help provide the needed
support for the expansion of the area's economy. In doing so, the project
could aid the area and island's economy and the overall economic use of this
site and the area in general.
Because of the distance from the shoreline, the site should not be subject to
coastal hazards.
Relative to the managing development objective,this function is more
applicable to the "authority" or approving agencies. However, it is noted that
the request would operate and be constructed within the scope of the Zoning
Code. The subject site would be zoned RS-10, and the requested use and
design/parameters (parking, height, setback, etc.) would be consistent with
said zoning. In that regard, the project would be consistent with this policy.
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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 (MACZMG) and the public hearing process
required pursuant to the Planning Commission's Rules and County Council's
meetings on this application. Notices of this application will become available
through the posting of a sign on the property, as well as sending two (2)
notices to surrounding property owners, one at the time the application is
filed and again, prior to the public hearing.
Based on the foregoing, it is concluded that the requested improvements
would be consistent with the objectives, policies and guidelines of the Coastal
Zone Management Policies, as outlined in Chapter 205-A-23, HRS and
Planning Commission Rule No. 9 relating to Special Management Area.
F. Other Permitting Requirements
Should these applications be approved, other permits would still be required.
These would be of the "ministerial" variety, such as Subdivision Approval,
Building permits and the like.
V. ENVIROMENTAL CONSIDERATIONS
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A. General Description
The parcel is L shaped and is accessed via Mailani Street. The site does not
have any buildings on it. There does not appear to be any topographic
constraint in developing and utilizing the site.
The elevation is of the site is approximately 500 feet above mean sea level.
B. Soils and Topography
The US Department of Agriculture- Natural Resources Conservation Service
(formerly Soil Conservation Service) Soil Survey Report classifies the soil to be
of the Ola'a (OID) series. The Ola'a series consists of well drained, extremely
stony silty clay loams which formed in volcanic ash. Permeability is rapid, run
off slow, and the erosion hazard slight.
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.
C. Natural Hazards
1. Drainage
The Federal Emergency Management Agency (FEMA) Flood Insurance
Rate Map (FIRM) identifies the majority of the project site to be located
in Zone "X", areas outside the 500-year flood plain.
Pursuant to County drainage requirements, appropriate drywells and/or
similar means to capture runoff from any improvements will be built.
2. Tsunami Hazard
As the site is located over 4 miles from the ocean and near the 500 foot
elevation, it is located outside of the Civil Defense's Tsunami Evacuation
Zone.
3. Volcanic and Earthquake Hazards
The United States Geological Survey (USGS) classifies this area, as well as
the entire City of Hilo, in Lava Flow Hazard 3, on a scale of ascending risk
9 to 1.
The Building Code designates the entire island of Hawaii Earthquake Zone
"D" and contains certain structural requirements to address the relative
seismic hazard. All structures would have to comply with this standard.
D. Flora/Fauna
Although there were no professional surveys conducted on the floral or
fauna of the site, the applicant does not believe that rare or endangered
floral or fauna resources are likely to be found within the subject site.
The site has already been cleared by bulldozers in the past. Thus, floral
impacts should be minimal.
The site is not known to be a habitat for any rare or endangered animal life.
Given its elevation, however, it would be possible to find the Hawaiian Hawk
(Vo) and the Hawaiian Owl (Pueo). Further, the urban nature of the
surrounding areas would make it less likely to find endangered animal life in
this area.
E. Historic/Cultural/Archaeological Resources
As the site was formerly bulldozed and cleared, no commissioned
archaeological survey of this site was made. However, if needed, an
archaeological monitoring plan can be prepared and implemented in
conjunction with further land clearing activity.
Furthermore, in the event any inadvertent discoveries are made during and
land disturbance activity relating to this project, work will stop and the
applicant will immediately notify the Planning Department.
F. Valued Cultural Resources
In view of the recent Hawaii State Supreme Court's "PASH" and KaPa'akai O
Ka Aina decisions, the issue relative to native Hawaiian gathering and fishing
rights must be addressed. Specifically, there must be a discussion of the
cultural, historical and natural resources, as well as the associated tradition
and customary practices of this site.
In this situation, the subject site is not adjacent and/or proximate to the
shoreline. As such, gathering of marine life and costal access is not an issue.
It is not known whether the subject or immediate surrounding area was used
in the recent past for the gathering of plants be Native Hawaiians. Thus, it
would appear unlikely that the site would serve such a purpose.
In the event legitimate gathering claims are made by Native Hawaiians, the
applicant intends to respect and honor such claims and provide the need
access with on the site.
Based on the above, it does not appear that the project would have any
potential adverse impact relative to the cultural and historical resources of
the area.
G. Water and Coastal Resources
The subject site is located well over four miles from the coastline. As such,
coastal impacts resulting from discharge of wastewater systems from the site
should not be significant. Further, being a non-coastal property, no coastal
access will be affected.
Septic tanks of their equivalent meeting with the approval of the State
Department of Health will be installed in conjunction with the construction
of any dwelling on the site.
H. Noise, Air Quality, and Dust
Mailani Street will serve as the main access to the site. The existing ambient
traffic noise is quite low. With the completion of this project, the noise level
is not anticipated to increase significantly.
There will, however, be short-term noise impacts associated with the
construction of the infrastructure for the proposed subdivision. In that event,
contractors will be required to comply with appropriate noise and related
mitigation measures of the State Department of Health.
The proposed development should not generate any direct air quality
impacts. The only discernible air quality impact could be associated with the
vehicular traffic to and from the site. While there will be an impact to the
ambient air quality, the impact should not be significant. With higher EPA
standards for automobile air emissions, the air quality impact should thus
hopefully not be significant.
As such, with the exception of the construction dust in the beginning, long
term dust generated by the project should be minimal. Construction dust,
however, like construction noise will have to comply with the State
Department of Health's regulations.
I. Scenic and Visual Considerations
In the Natural Beauty element of the General Plan, there are sites or areas
listed as being a scenic resource. The subject site is not listed as a scenic site.
However, there were a few examples cited in the Hilo area, such as Mauna
Kea and Mauna Loa.
The proposed development would not have any visual impacts on those
mountains and other listed scenic resources in the area. The site is not
situated in an area where it would impede any public views of the
mountains. Furthermore, the project is a residential one, where the heights
of structures would be generally les than 30 feet and not pronounced.
J. SOCIAL AND RELATED CONSIDERATIONS
A. Surrounding Land Uses
The predominant land use in this area is single-family residential.
With the exception of a few 2-4 acre sized lots in the general area.
The lots in this area range between 10,000 to 15,000 square feet.
For the most part, the zoning in this area is Single-family Residential
(RS-10 or RS-15)
The requested zoning (RS-10) would result in lots averaging 10,000
square feet. The proposed lots would be consistent with the
residential pattern and lot size of this area.
B. Economic Impacts
The requested zoning would have some measure of economic impact
as it would make fee simple lots available. These lots will create an
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increased property tax base for the County of Hawaii. In addition it
will create an economic impact with the construction of single-family
dwellings. This will create construction jobs as well as purchases from
local suppliers. And this, could help with the area's economy.
C. Agricultural Impacts
As the subject site is in a predominantly urban residential location
there will be no agricultural impacts.
This parcel is located in the Urban District therefore a residential
zoning is consistent with the over all land use and zoning in the
adjacent area.
VI. INFRASTRUCTURAL CONSIDERATIONS
A. Road
Access to the proposed lots is from W. Kawailani Street, a County roadway.
Mailani Street will be extended with in a 60-foot right-of-way creating the
ingress and egress to the subdivision and shall conform to Chapter 22,
Streets, Sidewalks, of the Hawaii County Code. The interior paved subdivision
road shall be provided with curbs, gutters and sidewalks meeting the
approval of the Department of Public Works. (Exhibit A and B)
B. Water
There is a Six (6) inch water line running along Mailani Street. The Department
of Water Supply has said that they would make the additional water meters
available for this project.
C. Wastewater
There is no County wastewater system in this area. As noted earlier, a septic
system meeting the approval of the Department of Health would be allowed
in this area. This will be done by the respective landowner in conjunction with
the construction of a dwelling.
D. Solid Waste
Solid waste will be handled through commercial haulers or the individual
homeowners into authorized landfill sites or transfer stations. With the
requested RS-10 zoning, the potential for uses with toxic or related chemical
waste would be minimal, if at all.
E. Other Government Services
As this area is already part of the Hilo urban area, it is already being serviced.
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No extension of Government services would be required. The nearest Fire
Station is located approximately .5-miles away and the nearest Police Station
is located approximately 2.5 miles from the site.
The public 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, Ahualani Park and the
Hilo Muni 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.
F. Other Utilities
All other utilities such as telephone, cable, and electrical services are available
to the site.
VII. IMPACT SIGNIFICANCE ANALYSIS
A. Relationship Between Local Short-Term Uses of Environment and
Maintenance and Enhancement of Long-Term Productivity
If the request were denied, the short-term use of the site would probably be
an undeveloped tract of land and used for a single-family residence. Given
the residential nature of this area, the retention of the Agriculture (A-3a)
zoning may not result in the best development of this site. There would be a
large residential lot, which-because of its resource and locational (being in an
urban setting) characteristics- may not be capable of supporting intensive
agricultural activities. At the same time, pressures could occur on the
conversion of lands currently being used for more intensive agricultural
activities in rural South Hilo.
Given those conditions, it may be more prudent from a land use perspective
to more effectively utilize the project site to satisfy a residential lot demand
than to subdivide them into large lots. The projected use could indirectly
help retard the pressures for the unnecessary conversion of better
agricultural lands for residential activities.
B. Irreversible Irretrievable Commitment of Resources
The subject site already disturbed in the past, it is not likely that its
development would result in an irreversible commitment of natural or
archaeological resources. There are also no known floral or faunal resources
in the area.
C. Mitigative Measures
The applicant intends to make improvements, if required, generally
consistent with the subdivision process. Further, if there is any construction
activity, contractors will be obligated to comply with appropriate State noise
and air quality standards.
Should unanticipated archaeological finds be discovered in conjunction with
any further development of the site, work will stop (as is required by the
State and County) and clearance will be secured before work is resumed.
There is no existing drainage way on the property. Any and all required
grading or grubbing work would be done in conjunction with the required
permits and/or County codes. This is to assure that the development of this
site does not adversely affect the drainage of the surrounding properties.
Finally, there will be no person or businesses to be dislocated by this project.
D. Alternatives to the Proposed Project
1. No Proiect
Under the status quo alternative, the site will remain in its present condition.
This alternative, however, would not utilize the site to its fullest potential,
given the predominant residential land uses in this area.
2. Alternative Density
Under this alternative, the applicant could seek a more intensive zoning, such
as RA-.5a or possible RS-7.5 zoning given the LUPAG Low Density Use
classification of the site and RS and CN zonings proximate to this area. These
zoning categories would arguably be consistent with some of the
surrounding zonings.
Such an approach, however, may not be the best density for the subject
parcel. Given the nature of existing subdivision the requested density of RS-
10 would be consistent with the overall make-up of the community and
other change of zones in the area.
3. Evaluation of Alternatives
The project's impacts to the area's social and physical infrastructure would
not be pronounced. Certain mitigative measures could be taken to address
any possible impacts associated by the development of this project. Further,
the project would be consistent with the land use sought ht to be
J g
accomplished by the County General Plan LUPAG map.
In view of the aforementioned, it would appear that none of the alternatives
would be more prudent and beneficial than the requested RS-10 alternative.
VIII. REGULATORY ANALYSIS
A. General Plan LUPAG Map
The General Plan provides for the long-range comprehensive development of
the island of Hawaii. It provides direction for balanced growth in the County.
The LUPAG map designates the site Low Density Urban. This designation
allows the requested RS-10 zoning with out a General Plan amendment.
S. General Plan Polices
The requested zoning would be consistent with the goals, policies, and
standards of the General Plan document.
For one, it may provide limited short-term economic opportunities largely
through the construction of any improvements required for the subdivision.
More importantly, however, longer-term opportunities would be created
largely in the form of construction of a new single-family dwelling and service
providers for yard care, maintenance and the like. In so doing, the project
should add revenues to the County and State coffers byway of increased
property tax revenue and increased General Excise Tax base.
The project intends to be energy conscious through the use and/or
encouragement of solar energy and design features to take advantage of the
sun and wind patterns.
Maintaining and improving the quality of the environment is important to
the success of this project. The General Plan identifies five (5) areas of
environmental concerns-air pollution, water quality, soil pollution, solid
waste disposal, and noise pollution. As proposed, the project would not
violate any of those objectives.
Aside from the limited vehicular transmission, air pollution associated with
the project should be negligible. All waste water systems would be consistent
with the requirements of the State Department of Health. This should be
sufficient to address any potential groundwater or coastal water impacts.
If required, a solid waste management plan could be prepared and
implemented. The project will also not be a noisy one, as residents would
come to this area to enjoy its tranquility. Any noise-generating facility- such
air conditioners-would be carefully placed to minimize their noise impacts.
The project area is outside of any flood way. Nonetheless, if required, a
drainage system will be designed and constructed (especially in conjunction
with the subdivision approval process) in a manner to protect the property as
well as to minimize the volume of surface runoff generated by this
development.
The site does not appear to have historic sites due in large measure to the
prior grading activity on the site. Nonetheless, work will cease if
unanticipated archaeological remains are discovered during the development
of this project. Work will resume only after proper clearances from the
County and /or State have been received.
While there have been sightings of the Hawaiian Hawk (I'o) or the owl
(pueo), this area is not their primary habitat. As such, the subject project
should not have any significant impacts on rare or endangered plant or
animal life in this area.
Filing fee
$500.00 filing fee
$25.00 per lot (27) lots=$675.00
$1,175.00 Total
Please make check payable to: County Director of Finance
RE: (3) 2-4-080-013
0,71a 4v 0 11,,we/ c,&/ - 59-7870-3213 3071
Ali/r. .flJ 9 Date
&76'9,!)- 7/9
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1 the order ofilQd
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CU Hawaii Federal Credit Union
Hilo,Hawaii 96720
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TAX MAP KEY 2-4-042:
SURROUNDING PROPERTY OWNERS-THREE HUNDRED FEET
Takkey First _Last_ A�� Address 1 _ City State jZi
- - �_ p }
3-2-4-42-7 Bernard rMadrona I— 24-8 Hoomalu St � v Hilo �HI i 9 76 20
3-2-4-42-8 Kenneth _ Hayashi _ 238 Hoomalu St _ Hilo HI 967201
!3-2-4-42-9 Janice Masae Tanita � Po Box 206 Waimea �H 967961
13-2-4-42-10 Hee,John IAh X218 Hoomalu St Hilo
!EHI 196720
[3-2-4-42-11 Travis & Melissa 10kinishi 208 Hoomalu St Hilo HI 96720
3-2-4-42-12 1 Harvey Teves Coming Soon i
13-2-4-42-13 SandraAmaral � �- —11820 Lower Main St Apt 105 Wailuku HI 196793
3-2-4-42-14 J Natalie Koyanagi j 1188 Hoomalu St j Hilo HI 196720
3-2-4-42-15 Albert Haa — Po Box 5487 �+_ Hilo HI 196720
R3-274-42-16 iAlvin Urabe __ 172 Hoomalu St __4i Hilo _ HI 96720
3-2-4-42-17 Kameichi ��Imade 1166 Hoomalu St v` L�—y Hi o_ HI _, 96720
3-2-4-42- Ralph Hiroshi �Takafuji �� 1160 Hoomalu St Hilo AHI 96720
I 1
18
3-2-4-42-19 _ Lazaro ,Joaquin �� 164 Hoomalu St --� , Hilo !HI ; 967201
13-2-0 Lester G 'Oliveira George� � _ g � j 156 Hoomalu St __ _W� _ Hilo IHI � 96720E
'3-2-4-42-21 j Albert _ 'Amorin �_ �94-1056 Lumihoahu St� ! Waipahu f HI i 96797
13-2-4-42-22 WayneT� apri 1 —177 Hoomalu St V "v (— Hilo JHI 96720
3-2-,4-42-23 Glen Smith �� 2051 Young St Ste 103 'Honolulu ,HI — 96826
�3-2-4-42-24 �Flagstar _
Bank _ 5151 Corporate Dr —
_ _ I ! _ p I_�Troy _SMI j 48098
�3-2-4-42-25 j--_Jennifer Lee Gossert -201 Hoomalu St _ Hilo HI� 96720
13-2-4-42-26 Miles _ Nakatsu ( 211 Hoomalu St _ Hilo HI 967201
3-2-4-42-27 Herbert Kazuma Yokoyama � 219 Hoomalu St ✓ j Hilo �HI 96720
1
13-2.4-42-28 Kevin Nicholas_ jKapsky 11225 Hoomalu St j Hilo —jH 96720
�2-4-42.29 (Ronald —_` _ _[Yanagihara 'j 239 Hoomalu St _ Hilo f HI 196720,
f
TAX MAP KEY 2-4-063:
SURROUNDING PROPERTY OWNERS-THREE HUNDRED FEET
yTaxkey i First-- _Address 1 ry�_ City State (zip
3-2-4-63-19 [_Mathias Thornley 1 1503 Mailani St _ `
_ � I � ��� f� —_— Hilo ` {HI 96720
,3-2+ 4-63-20 f f George Hagino _� (Po Box 6233 _ _ ,Hilo HI 96720
3-2-4-63-21Leslie Tome 1521 Mailani St�� Hilo {HI ': 96720
3-2-4-63-22 iKevin Costello j1529 Mailani St Hilo iHI 96720
r�
3-2-4-63-23 _ J ane) De Jesus j 1532 Mailani St j Hilo _I HI 96720
3-2-4-63-24 f Hal Takayama 1520 Mailani St �� f Hilo HI 96720
�3-2-4-63-25 ICurtis Nakayama ��jPo Box 24 � _ Mountain View HI i 96771
3-2-4-63-26 !Randy Galzote �— 1506 Mailani St I Hilo HI 9672-00
3-2-4-63-61 ( Duane Yugawa i 11489 Kikaha St_ Hilo _ HI 196720
13-2-4-63-63 �� Lloyd Tada j 1653 Leilehua_St Hilo HI , 96720
3-2-4-63-64 Lillian Udo 1511 Kikaha St ,' Hilo _ f HI 96720
I--------—
13-_2-4-63-65 ( Jonathan ,Yee I 702 Kalalea St f I Honolului tl —+HI 196825
3-2_4.63-66�� �Robert� ''Okuda s� 1525 Kikaha St �� H o�� 11-1I 196720
TAX MAP KEY 2-4-068:
SURROUNDING OWNERS-THREE HUNDRED FEET
ITaxkey, First Last lAddressI _ City IState Zip
3-2-4-68-50 [Michael Matsui 1643 LMehua St � Hilo HI720
I'
I
TAX MAP KEY 2-4-080:
SURROUNDING PROPERTY OWNERS-THREE HUNDRED FEET
�Taxkey i ;First Last v� (Address 1 � }city State Zip
3-2-4-80-1 �YY Wayne _ Lee - }Po Box 6455 --1u,IHilo }HI 1 96720'
3-2-4-80-2 ,Duane Hideo Nishida 1541 Kikaha St i }Hilo HI 96720'
3-2-4-80-3 }Ian& _ Campbell Po Box 4068 — Hilo ,HI 96720]
3-2-4-80-4 _Bradley&Joanna Silva I 106 Hanohano St. } Hilo HI 96720
3-2-4-80-5 Edward Andrade { Po Box 4394 i Hilo HI 96720
3-2-4-80-6 Necole Miyazaki 11546 Kikaha St _ Hilo HI 96720
3-2-4-80-7 Burt _w �Fujiyamma 1552 Kikaha St iHilo� HI 96720
13-2-4-80-8 } Anthony Denault 11558 Kikaha St H to f HI 96720
3-2-4-80-9_ j — Derek & Marleen Cabarloc } 1560 Kikaha St } Hilo JHI 96720
3-2-4-80-11 �� Ronald &Jean Kudo 976 Haihai St ii Hilo HI { 96720
13-2-4-80-13 Charles v— ` 'Umemoto _ Po Box 6211_ }Hilo ,HI 1 96720
[3:-:2::-4-80-80 141-udo IRussell j — K _ e St Hilo -
AHI — 96720
_ � I 1077 Ah_ 0
3-2-4-80-15 T }Jon Joji }Mitsuda } Po Bo—x4-74--5 -
ox 4745__ Hilo HI 96720
—�--
`3-2-4-80-16 }Kimo _ - - IKeliipaakaua� Po Box 11084 V — Hilo ;HI 96721]
t _
i3-2-4-80-17 ;Andrew &Sonya Matsuura j Po Box 1004 Kurtistown HI 96760
_ � ---�---I��`_I
HARRY KIM �Nty,?F+t� DEANNA S.SAKO
MAYOR FINANCE DIRECTOR
t; •t
COUNTY OF HAWAII
Department of Finance - Real Property Tax
Aupuni Center, 101 Pauahi Street,Suite 4 1 Hilo Hawai'i 96720-4224 1 Fax(808)961-4224
Appraisers(808)961-8354 1 Clerical(808)961-82011 Collections(808)961-8282
West Hawai'i Civic Center 174-5044 Ane Keohokalole Hwy I Bldg D 2nd Floor(Kailua Kona,Hawai'i 96740
Fax(808)327-35381 Appraisers(808)323-4881 Clerical(808)323-4880
REAL PROPERTY TAX CLEARANCE
Date: Monday, January 28, 2019
TMK: (3)2-4-080-013-0000 Umemoto,Charles Daniel et al
This is to certify that the real property taxes due to the County of Hawai'i on the parcel listed
above have been paid for the tax year up to and including June 30, 2019.
The County's real property taxes are levied on July 1st each year. The taxes become a lien
on the property assessed as of the levy date.
This clearance was requested on behalf of Umemoto,Charles Daniel et al and is issued for this
parcel only.
by
duo*
REAL PROPERTY TAX DIVISION
Paid up to and including June 30, 2019.
TAX CLEARANCE FOR PLANNING DEPARTMENT REV(2/2018)
Hawaii County is an Equal Opportunity Provider and Employer
TB325HIHAW
DESCRIPTION
LOT 3
Being a Portion of Land patent Grant 11,636 to Yoshitaka and Shizuko Kudo
Situated at Waiakea, South Hilo, Island of Hawaii, Hawaii
Beginning at the northwest corner of this parcel of land,being the southeast corner of Lot 66,
Ahualani Subdivision, Unit 1, File Plan 1453, the coordinates of said point of beginning referred
to Government Survey Triangulation Station "HALAI" being 14,145.374 feet South and 257.67
East and running by azimuths measured clockwise from True South:
1. 2650 40' 303.70 feet along Lot 23, Mailani Street and Lot 22 of Ahualani
Subdivision, Unit I, File Plan 1453;
2. 3550 40' 911.90 feet along Lots 75, 64, 63, 56, 55, 48, 47 and 40 of Hoomalu
Street Subdivision;
3. 850 40' 400.55 feet along Lots 1-B and 2-13;
4. Thence along Lot 4-13, along a curve to the right with a radius of 30.00 feet, the chord
azimuth and distance being:
1300 40' 42.43 feet;
5. 1750 40' 408.86 feet along Lot 4-13;
6. 2650 40' 126.85 feet along Lot 4-13;
7. 1750 40' 473.04 feet along Lots 4-13, 3-13, 3-A, 2 and 1 to the point of beginning and
containing an area of 7.631 acres, more or less.
SUBJECT, However to Easement B for waterline purposes and Easement F for roadway
purposes as recorded with the Bureau of Conveyances Document Number A68830014 dated
November 5, 2018.
AIL
ISLAND SURVEY, INC.
SURVEYORS P.O.Box 4215
HILO,HAWAII 96720-0215
P
Lot 3
TOGETHER With Easements D, E-2 and G for roadway purposes as recorded with the Bureau of
Conveyances Document Number A68830014 dated November 5, 2018.
The above description has been compiled from available data.
January 24, 2019 o��R1 T. SISLAND SURVEY, INC.
Hilo, Hawaii
LICENSED
PROFESSIONAL
LAND
YOR
TMK:2-4-080:013 suR.66986
N•. 985 ROBERT T. SHIRAI
Licensed Professional
Land Surveyor 5985
License expires 04/30/20
f
2
ISLAND SURVEY, INC.
SURVEYORS P.O.BOX 4215
HILO,HAWAII 96720-0215
TO WHOM IT MAY CONCERN:
As the land owner of parcel identified by TMK : (3) 2-4-080-013, 1 hereby consent and authorize Craig
Lindner to file and process a Change of Zone Application and Subdivision on my behalf.
Charles Umemoto Date
V�i'r,11
Te da Date
i
Fe
7�� 11QPIZ 11 AM 38
DEPARTMENT OF PUBLIC WORK _.
COUNTY OF HAWAII �L- 1�lsu` , ,�%; �hENT
HILO, HAWAII �OiIWY Oi= HAWAII rA
DATE: April 10, 2019:;;:,
TO: Michael Yee, Planning Director
FROM: artment of ublic Wo�s, nginee 'ng Division
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 19-000235)
Request: A-3a to RS-10
Applicant: Charles Umemoto
TMK: 2-4-080:013
Sorry for the delay. We have reviewed the subject request forwarded by your memo
dated March 11, 2019 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 proposed RS-10 zoning will require that the Mailani Street extension be constructed
with curbs, gutters, and sidewalks with a dedicable pavement. The proposed right-of-way
should match with the existing Mailani Street which according to the Ahualani Subdivision,
Unit I final subdivision map, the right-of-way width is 50-feet.
All earthwork and grading activities shall comply with the requirements of Hawaii County
Code, Chapter 10, Erosion and Sedimentary Control.
Construction within the County right-of-way shall comply with HCC, Chapter 22, County
Streets. --
ANES.
Questions may be referred to Robyn Matsumoto at 961-8924. AFR 12 `
Planning Dept. ki'-
� t �
Exhibit
County of Hawaii is an Equal Opportunity Provider and Employer
e
OF WATE;? ^ :
e9 DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII
tiryoFHAW
Q®ffiP` P 345 KEKUANAO`A STREET, SUITE 20 HILO, HAWAII 96720
TELEPHONE (808) 961-8050 FAX (808) 961-8657 —
April 16, 2019
Mr. Charles Umemoto ,
P.O. Box 6211
Hilo, HI 96720
Dear Mr. Umemoto:
Subject: Water Commitment Deposit
Change of Zone (REZ 19-000235) _=
Applicant— Charles Umemoto1-111)
Request: A-3a to RS-10 —M
Tax Map Key 2-4-080:013
This is to acknowledge receipt of the required$3,900.00 water commitment deposit for the proposed
development.
Pursuant to Rule 5 of the Department's Rules and Regulations, a water commitment for the proposed
development in the amount of 10,400 gallons per day, or 26 additional units of water at an average of
400 gallons per day,per unit, is hereby granted to April 30, 2022 with the following conditions:
1. Construct necessary water system improvements, which shall include, but not be limited to:
a. water mains capable of providing water at adequate pressure under peak-flow and
fire-flow conditions; minimum diameter of which shall be 6 inches,
b. service laterals that will accommodate a 5/8-inch meter to front each lot,
c. 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, and
d. fire hydrants spaced no more than 600 feet apart. On dead-end streets, the last fire
hydrant shall be located at one-half the distance from the last house, or unit, fronting the
property or driveway or access to the property.
2. Submit construction plans prepared by a professional engineer, registered in the State of
Hawaii, for review and approval.
Planning Dept.
r
Nater, Our Most PreciousResource . . . Xa Wai,4 Xdne .
The Department of Water Supply is an Equal Opportunity provider and employer.
$ � � 8
1
F
Mr. Charles Umemoto
Page 2
April 16, 2019
3. Remit the prevailing facilities charge, which is subject to change, as shown below:
FACILITIES CHARGE (FC):
1st service Paid
Twenty-Six (26) additional units $5,500.00/unit $143,000.00
Total FC $143,000.00
WATER COMMITMENT DEPOSIT (WCD):
Twenty-Six (26) additional units (cry $150 00/unit ($3,900.00)
Facilities Charge Balance $139,100.00
This is due and payable upon completion of the installation of the required water system
improvements and prior to final subdivision approval being granted.
For your information, water commitment deposits are credited towards the final facilities
requirement for the development. Note that the amount of water commitment deposit may
exceed the prevailing facilities charge amount; for example, when requests for time extensions
continue and are approved. Until the development is finally completed, these are separate and
unrelated items. In the event that water commitment deposits exceed the facilities charge, no
refunds are applicable.
4
4. Should it be necessary,the appropriate documents shall be submitted,properly prepared and
executed, to convey the water system improvements and necessary casements 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 IL
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 ry
Branch at 961-8070, extension 255.
Sincerely yours,
Keith K. Okamoto, P.E.
Manager—Chief Engineer
TS:dfg
copy—Planning Department
OF W ATEq S
19 149
DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAVI
345 KEKUANAO'A STREET, SUITE 20 HILO, HAWAII 96720
TELEPHONE (808) 961-8050 FAX (808) 961-8657
March 28, 2019
TO: Mr. Michael Yee Director v
Planning Department
C' 7,
FROM: Keith K. Okamoto, Manager—Chief Engineer r
SUBJECT: Change of Zone Application (REZ 19-000235) Jz
Applicant— Charles Umemoto —►
Request: A-3a to RS-10
Tat Map Key 2-4-080:013
We have reviewed the subject application and have the following comments and conditions.
Water can be made available from an existing 6-inch waterline along Mailani Street. In accordance
with the Department's existing water availability conditions, the water availability for the proposed
lots is 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 26 additional units
requested in the proposed 27-lot development, the required water commitment deposit is $3,900.00.
Remittance by the applicant of the $3,900.00 is requested as soon as possible so that a water
commitment may be formally issued. The commitment will be in writing with specific conditions and
effective 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.
The subdivision application may be granted water service upon compliance with the following
conditions:
1. Construct necessary water system improvements, which shall include, but not be limited to:
a. water mains capable of providing water at adequate pressure under peak-flow and
fire-flow conditions; minimum diameter of which shall be 6 inches,
b. service laterals that will accormnodate a 5/8-inch meter to front each lot, _
I ? (��
. . . ?Nater, Our 9Yost Precious Resource . . . Xa WaiA Ydne . .A
The Department of Water Supply is an Equal Opportunity provider and employer.
Mr. Michael Yee, Director
Page 2
March 28, 2019
C. 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, and
d. fire hydrants spaced no more than 600 feet apart., On dead-end streets, the last fire
hydrant shall be located at one-half the distance from the last house, or unit, fronting the
property or driveway or access to the property.
Submit construction plans prepared by a professional engineer, registered in the State of
Hawaii, for review and approval.
2. Remit the prevailing facilities charge, which is subject to change, as shown below:
FACILITIES CHARGE (FC):
I" service Paid
Twenty Six (26) additional units $5,500.00/unit $143,000.00
Total FC $143,000.00
This is due and payable upon completion of the installation of the required water system
improvements and prior to final subdivision approval being granted.
i
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.
Should it be necessary, the appropriate documents shall be submitted, 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.
Mr. Michael Yee, Director
Page 3
March 28, 2019
Should there be any questions, please contact Mr. Troy Samura of our Water Resources and Planning
Branch at 961-8070, extension 255.
Sincerely yours,
WPM*
Keith K. Okamoto, P.E.
Manager—Chief Engineer
TS:dfg ,r
r
DAVID Y.IGE o „ BRUCE S.ANDERSON PhD.
GOVERNOR OF HAWAII DIRECTOR OF HEALTH
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O.BOX 916
HILO,HAWAII 96721-0916 v
Lfl
1
MEMORANDUM
i r
0,
DATE: March 27, 2019 1-
D csa
TO: Mr. Michael Yee ' 'C
Planning Director, County of Hawaii _I
FROM: Eric Honda
District Environmental Health Program Chief
SUBJECT: Change of Zone Application (REZ-19-000235)
Applicant: Charles Umemoto
Request: A-3a to RS-10
TMK: 2-4-080:013
Individual wastewater systems (IWS) may be used for the developments of less than 50
residential lots with the following condition:
1. The development shall not exceed 50 residential lots or 50 dwelling units;
2. Each lot shall have a minimum size of 10,000 square feet; and
3. One IWS shall not serve more than five bedrooms
0.
4. If the proposed development has less than 50 lots, the developer must identify the lots elf _
that will have multiple dwelling units with the understanding that the total dwelling units cannot
y
exceed 50 for the development.
a _
Public Water Systems: The Department of Health's Safe Drinking Water Branch authority on 2
drinking water quality is based on the definition of a"public water system." Federal and state X
regulations define a public water system as a system that serves 25 or more individuals at least LU
60 days per year or has at least 15 service connections. All public water system owners and
operators are required to comply with Hawaii Administrative Rules, Chapter 11-20 (HAR 11-
20), and titled "Rules Relating to Public Water Systems". All public water systems are regulated
by the Department of Health and shall be in compliance with the Hawaii Administrative Rules,
Title 11, Chapter 20. Recommend the subdivision lots be connected to an existing public water
system.
Concerns on water quality for lead, copper, algae and microbiological and chemical
contaminations in private water systems have identified the need for self monitoring. A - i,rNTIEr.
Department of Health does not support the use of these private rain catchment systems foA PR 05 2 .
drinking purposes since the quality may not meet potable water standards. 5
Michael Yee
March 27, 2019
Page 2of6
All new public water systems are required to demonstrate and meet minimum capacity
requirements prior to their establishment, per HAR 11-20-29.5, titled "Capacity Demonstration
and Evaluation." This requirement involves demonstration that the system will have satisfactory
technical, managerial and financial capacity to enable the system to comply with safe drinking
water standards and requirements.
Projects that propose development of new sources of potable water serving or proposed to serve
a public water system must comply with the terms of HAR 11-20-29. This section requires that
all new public water system sources be approved by the Director of Health (Director) prior to its
use. Such approval is based primarily upon the submission of a satisfactory engineering report
which addresses the requirements specified in HAR 11-20-29.
The engineering report must identify all potential sources of contamination and evaluate
alternative control measures which could be implemented to reduce or eliminate the potential for
contamination, including treatment of the water source. In addition, water quality analyses for
all regulated contaminants, performed by a laboratory certified by the State Laboratories
Division of the State of Hawaii, must be submitted as part of the report to demonstrate
compliance with all drinking water standards. Additional parameters may be required by the
Director for this submittal or additional tests required upon his or her review of the information
submitted.
All sources of public water system sources must undergo a source water assessment which will
delineate a source water protection area. This process is preliminary to the creation of a source
water protection plan for that source and activities which will take place to protect the source of
drinking water.
Projects proposing to develop new public water systems or proposing substantial modifications
to existing public water systems must receive construction plans approval by the Director prior to
construction of the proposed system or modification in accordance with HAR 11-20-30, titled
"New and Modified Public Water Systems". These projects include treatment, storage and
distribution systems of public water systems. The approval authority for projects owned and
operated by a County Board or Department of Water or Water Supply has been delegated to
them.
4
All public water systems must be operated by certified distribution system and water treatment
plant operators as defined by HAR 11-25 titled, "Rules Pertaining to Certification of Public
Water System Operators".
All projects which propose the use of dual water systems or the use of a non-potable water
system in proximity to an existing potable water system to meet irrigation or other needs must be
carefully design and operate these systems to prevent the cross-connection of these systems and
prevent the possibility of backflow of water from the non-potable system to the potable system.
The two (2) systems must be clearly labeled and physically separated by air gaps or reduced
pressure principle backflow prevention devices to avoid contaminating the potable water supply.
`Iii additidn backflow devices must be tested periodically to assure their proper operation.
Further, all non-potable spigots and irrigated areas should be clearly labeled with warning signs
to prevent the inadvertent consumption on non-potable water. Compliance with HAR Chapter
1.1-21; titled Cross-Connection and Backflow Control is also required.
Michael Yee
March 27, 2019
Page 3 of 6
All projects which propose the establishment of a potentially contaminating activity(as
identified in the Hawaii Source Water Assessment Plan) within the source water protection area
of an existing source of water for a public water supply should address this potential and
activities that will be implemented to prevent or reduce the potential for contamination of the
drinking water source.
For further information concerning the application of capacity, new source approval, operator
certification, source water assessment, backflow/cross-connection prevention or other public
water system programs, please contact the SDWB at 586-4258.
The Department of Health (DOH), Clean Water Branch (CWB), acknowledges receipt of the
subject document on date The CWB has reviewed the limited information contained in
the subject document and offers the following comments:
Permit Issuance
* Any project and its potential impacts to State waters must meet the State's:
1) Antidegradation policy, which requires that the existing uses and the level
of water quality necessary to protect the existing uses of the receiving
State water be maintained and protected;
2) Designated uses, as determined by the classification of the receiving State
waters; and
3) Water quality criteria [Hawaii Administrative Rules (HAR), Chapter 11-54],
A Section 401 Water quality Certification (WQC) is required if your
project/activity:
- Requires a federal permit, license, certificate, approval, registration, or
Statutory exemption; and
- May result in a discharge into State waters. The term"discharge" is
defined in Clean Water Act, Subsections 502(16), 502(12), and 502(6).
Examples of"discharge" include, but are not limited to, allowing the
following pollutants to enter State waters from the surface or in-water:
solid waste, rock/sand/dirt, heat, sewage, construction debris, any
underwater work, chemicals, fugitive dust/spray/paint, agricultural wastes,
biological materials, industrial wastes, concrete/sealant/epoxy, and
washing/cleaning effluent.
Determine if your project/activity requires a federal permit, license, certificate,
approval, registration, or statutory exemption by contacting the appropriate
federal agencies (e.g. Department of the Army (DA), U.S. Army Corps of
Engineers (COE), Pacific Ocean Division Honolulu District Office (POH) Tel:
808-835-4303; U.S. Environmental Protection Agency Tel: 415-947-8021;
Federal Energy Regulatory Commission Tel: 866-208-3372; U.S. Coast Guard
Office of Bridge Programs Tel: 202-372-1511).
To request a Section 401 WQC, you must complete and submit the Section 401
WQC application. This application is available on the e-Permitting Portal website
t
Michael Yee
March 27, 2019
Page 4 of 6
located at: https://eha-cloLid.doh.hawaii.gov/epermit/.
Please see HAR, chapter 11-54 for the State' Water Quality Standards and for
more information on the Section 401 WQC. HAR, Chapter 11-54 is available on
the CWB website at: http:Hlaealth.hawaii.gov/cwb/.
• National Pollutant Discharge Elimination System (NPDES) permit coverage is
required for:
-Storm water associated with construction activities for land disturbances of
one (1) acre or more. Land disturbance includes, but is not limited to,
clearing, grading, grubbing, excavation, demolition, uprooting of vegetation,
equipment staging, and storage areas.
-Storm water associated with industrial activities for facilities with Standard
Industrial Classification Codes regulated in 40 CFR 122.26(b)(14)(i) through
(ix) and (xi).
-Storm water and certain non-storm water from a small Municipal Separate
Storm Sewer System.
-Discharges of water pollutants into State surface waters. Examples of these
discharges include, but are not limited to, cooling water, hydrotesting waters,
dewatering effluent, and process wastewater.
-Discharges from the application of pesticides (including pesticides,
herbicides, fungicides, rodenticides, and various other substances to control
pest) to State waters.
An application for an NPDES individual permit must be submitted at least 180
calendar days before the commencement of the discharge or start of construction
activities. To request and NPDES individual permit, you must complete and
submit the NPDES individual permit application. This application is available on
the e-Permitting Portal website located at:
littps://eha-cloud.doh.hawaii.gov/epermit/.
A Notice of Intent (NOI) for coverage under a specific NPDES general permit
must be submitted at least 30 calendar days before the commencement of the
discharge or start of constriction activities. To request NPDES general permit
coverage, you must complete and submit the NOI. The NOI is available on the
e-Permitting Portal website located at:
https:Heha-cloud.doh.hawaii.gov/epermit/.
Please see HAR, Chapter 11-55 for more information on the NPDES individual
permit and NPDES general permits. The specific NPDES general permits
located in HAR, Chapter 11-55, Appendices B through M. HAR, Chapter 11-55
and HAR, Chapter 11-55, Appendices B through M are available on the CWB
website at: http://health.hawaii.gov/cwb/.
I
Michael Yee
March 27, 2019
Page 5 of 6
• According to State law, all discharges related to the project construction or
operation activities, whether or not NPDES permit coverage and/or Section 401
WQC are required, must comply with the State's Water Quality Standards.
Monitoring
• Effluent discharge and/or receiving water monitoring may be required as
conditions of Section 401 Water Quality Certifications and NPDES General and
Individual permits.
Enforcement
• Noncompliance with water quality requirements contained in HAR, Chapter 11-54
and/or permitting requirements specified in HAR, Chapter 11-55 may be subject
to penalties of$25,000 per day per violation.
• Violations of Hawaii Revised Statutes 342D and 342E may elicit administrative,_ .
civil and criminal penalties for such violations.
Polluted Runoff Control
• Manage projects identified in watershed-based plans that reduce polluted runoff
and educate the public about nonpoint source pollution. Projects are selected .'.
through an annual request for proposals. Funding is provided by the EPA
through the Clean Water Act. For more information on projects and funding -
opportunities, please visit: www.hawail.gov/doh/poIlLitedrunoffcontrol.
Construction activities must comply with the provisions of Hawaii Administrative Rules,
Chapter 11-46, "Community Noise Control."
1. The contractor must obtain a noise permit if the noise levels from the construction
activities are expected to exceed the allowable levels of the rules.
2. Construction equipment and on-site vehicles requiring an exhaust of gas or air
must be equipped with mufflers.
3. The contractor must comply with the requirements pertaining to construction
activities as specified in the rules and the conditions issued with the permit.
Should there be any questions on this matter, please contact the Department of Health at 933-
0917.
Lands formerly used for sugarcane production are now being developed into communities where
residential homes, schools and commercial businesses are being constricted. Chemicals
associated with the sugarcane industry persist in soil today and may be a threat to public health
and the environment. Elevated arsenic levels were discovered in soil at former sugarcane
production areas on the islands. The HEER Office has identified former sugarcane production
areas for assessment throughout the state and plans to work with property owners to conduct
Michael Yee
March 27, 2019
Page 6 of 6
environmental assessments to identify and address elevated soil arsenic levels prior to finalizing
development plans for the properties.
We recommend that you review all of the Standard Comments on our website:
http://hawaii.cov/health/environmentaUenv-planning/landuse/tanduse,html. Any comments
specifically applicable to this project should be adhered to.
The same website also features a Healthy Community Design Smart Growth Checklist
(Checklist) created by Built Environment Working Group (BEWG) of the Hawaii State
Department of Health. The BEWG recommends that state and county planning departments,
developers, planners, engineers and other interested parties apply the healthy built environment
principles in the Checklist whenever they plan or review new developments or redevelopments
projects. We also ask you to share this list with others to increase community awareness on
healthy community design.
Adtll E.
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STATE OF HAWAII IN f2EPL�,REFER T6-
DEPARTMENT OF TRANSPORTATION STP 19-029
869 PUNCHBOWL STREET STP 8.2�3t
HONOLULU, HAWAII 96813-5097 4.1,
March 29, 2019
Mr. Michael Yee F.
Planning Director
County of Hawaii
Planning Department
East Hawaii Office
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Dear Mr. Yee:
Subject: Charles Umemoto/Audrey Terada
Change of Zone Application (REZ 19-000235)
Waiakea Homesteads, South Hilo, Hawaii
TMK: (3)2-4-080:013
The applicant is requesting to have a 7.631 acre parcel rezoned from Agriculture to
Single-Family Residential and to Subdivide the parcel into 27 residential lots. Department of
Transportation (DOT) comments on the Subject project are as follows:
Airports Division
1. The proposed single family residential subdivision is located approximately 3.27 miles from
the end of Runway 03 at Hilo International Airport. The applicant needs to be aware of the
duties of the state and county agencies to implement the State of Hawaii Office of Planning
Technical Assistance Memorandum related to this project and all projects and all project
within 5 miles of an airport:
http://files.hawaii.gov/dbedt/op/does/TAM-FAA-DOT-Airports_08-01-2016.pdf.
2. The proposed project may be exposed to fumes, smoke, noise, vibrations, odors, etc.,
resulting from aircraft flight operations.
3. Any construction or alteration, including construction cranes, within 20,000 feet of a public
use airport must submit a Federal Aviation Administration (FAA)Form 7460-1,Notice of
Proposed Construction or Alteration,pursuant to the Code of Federal Regulations, Title 14,
Part 77.9,to the FAA for review. Please see the following website for information
_2_4_4_9�
https://oeaaa.faa.gov/oeaaa/external/portaljsp.
a -ry
Planning Dept. ,SFR 0 4 2c,#
-4
Exhibit —1--Z419 P
s
Mr. Michael Yee STP 19-029
March 29, 2019 STP 8.2632
Page 2
If there are any questions, please contact Mr. Blayne Nikaido of the DOT Statewide
Transportation Planning Office at (808) 831-7979 or by email at blayne.h.nikaido@hawaii.gov.
Sincerely,
i
JADE T. BUTAY
Director of Transportation
SULt\\£D.CASE
Y. 9 F CHAIRPERSON
DAVID IA F t Ss ? BOARD OF LAV 1)AND NATURAL RESOLRCF_S
GOGOVERNOROOF HAWAII
HAW/All COMMISSION ON WATER RESOURCE
' } I \IA\AGE\IE.NT
0%`yid and Ndr! yt Ti n �i.
STATE OF HAWAII
S/dleof Hs•'� DEPARTMENT OF LAND AND NATURAL RESOURCES
LAND DIVISION
POST OFFICE BOX 621 `I
HONOLULU;HAWAII 96809
E'Ia
March 20, 2019
MEMORANDUM
T DLNR Agencies: =
,/ C _Div. of Aquatic Resources
FwI _Div. of Boating & Ocean Recreation
X Engineering Division
X Div. of Forestry &Wildlife :r_-
Div.
rrDiv. of State Parks ' �=
X Commission on Water Resource Management
Office of Conservation & Coastal Lands mac;
X Land Division — Hawaii District t*�r
X Historic Preservation yti �r
co C�?
7F , M: Russell Y. Tsuji, Land Administrator
U) CD
SBJECT: Change of Zone Application (REZ 19-000235)
Request to Change from A-3a (Agriculture) to RS-10 (Residential)
LOCATION: Waiakea Homesteads, South Hilo, Island of Hawaii; TMK: (3) 2-4-080:013
APPLICANT: County of Hawaii on behalf of Charles Umemoto, et al.
Transmitted for your review and comment is information on the above-referenced
subject matter. Please submit comments by April 5, 2019,
If no response is received by this date, we will assume your agency has no comments.
If you have any questions about this request, please contact Darlene Nakamura at 587-0417 or
by email at darlene.k.nakamura(ohawaii.gov. Thank you.
i;
( ) We have no objections.
( ) We have no comments.
( V) Comments are attached.
Signed:
Carty S. Chgplg, Chief Engineer
Print Name: J J
Date: 3j�z/ 1
Attachments
cc: Central Files
I'ionning Dept.
Exhibit
, 1
DEPARTMENT OF LAND AND NATURAL RESOURCES
ENGINEERING DIVISION
LD/Russell Y. Tsuji
Ref: Change of Zone Application (REZ 19-000230
Request to Change from A-3a (Agriculture) to RS-10 (Residential)
Location: Waiakea Homesteads, South Hilo, Island of Hawaii
TMK(s): (3) 2-4-080:013
Applicant: County of Hawaii on behalf of Charles Umemoto, et at.
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.hawaiiliFp.orc,/FHAT).
If there are questi6ns regarding the local flood ordinances, please contact the applicable
County NFIP coordinating agency below:
r
o Oahu: City and County of Honolulu, Department of Planning and Permitting
(808) 768-8098.
o Hawaii Island: County of Hawaii, Department of Public Works (808) 961-8327.
o Maui/Molokai/Lanai County of Maui, Department of Planning (808) 270-7253.
o Kauai: County of Kauai, Department of Public Works (808) 241-4846.
i
Signed:
CARTY S. CHANG, CHIEF ENGINEER
Date`: e ��
RUM EMMOTOREZ.aj x.05.14.19
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
CHARLES UMEMOTO
CHANGE OF ZONE APPLICATION NO. 19-000235 (REZ 19-000235)
Upon careful review of the request against the guidelines for granting a Change of Zone,
the Planning Director is recommending that a favorable recommendation for a Change of
Zone from an Agricultural-3 acre (A-3a) to a Single-Family Residential — 10,000 square
feet (RS-10) zoning district for a 7.631-acre parcel be forwarded to the County Council.
Since this recommendation is made without the benefit of public testimony, the Director reserves
the right to modify and/or alter this position. This favorable recommendation is based on the
following findings:
The applicant is requesting a change of zone from Agricultural-3 acre (A-3a) to
Single-Family Residential — 10,000 square feet (RS-10). The applicant intends to
subdivide the property into twenty-seven (27) lots as well as one (1) road lot for the
Mailani Street extension that will be built to County decidable standards. All lots will
have County water and the subdivision will have fire hydrants, as well as overhead utility
lines for power, phone and cable services. There is no County sewer system in the area,
so the owners will construct individual septic wastewater systems meeting with the
approval of the Department of Health. Subdivision improvements are estimated to cost
approximately $475,000. The applicant intends to have the lots on the market by
November 2019.
The subject 7.631-acre parcel is rectangular shaped and located at the southern
end of Mailani Street. The subject parcel is fairly flat, with no apparent topographic
elements most likely due to previous land grading and grubbing. The elevation of the site
i
is approximately 500 feet above mean sea level. There are no existing structures,
landscaping, and/or development on the parcel.
The Change of Zone request from Agricultural-3 acre (A-3a) to Single Family
Residential — 10,000 square feet (RS-10) conforms to, among others, the goals,
policies and standards of the General Plan Economic and Land Use Elements.
-1-
In order to consider an area for any type of zoning designation, the applicable
goals, policies and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth detennined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must be also considered as they may have an impact on similar areas in the
County.
The proposed Change of Zone will conform to, among others, the goals, policies
and standards of the Land Use and Land Use-Single-Family General Plan Elements:
Land Use
• Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural and physical environments of the County.
EV
• Allocate appropriate requested zoning in accordance with the existing or projected
needs of neighborhood, community, region and County.
• Promote and encourage the rehabilitation and use of urban areas that are serviced
by basic community facilities and utilities.
• Encourage urban development within existing zoned areas already served by basic
infrastructure, or close to such areas, instead of scattered development.
• 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.
i
• To ensure compatible uses within and adjacent to single-family residential zoned
areas.
-2-
r
The requested change of zone conforms to the General Plan Land Use
Pattern Allocation Guide (LUAG) Map. The Land Use Pattern Allocation Guide
(LUPAG) Map component of the General Plan is a representation of the document's
goals and policies to guide the coordinated growth and development of the County. It
reflects a graphic depiction of the physical relationship among the various land uses. The
LUPAG Map establishes the basic urban and non-urban forin for areas within the County.
The subject area is designated Low Density Urban (ldu). Low Density Urban are those
residential lands with ancillary community and public uses as well as neighborhood and
convenience-type commercial uses. For the ldu designation, overall residential density
may be up to six (6) units per acre.
The subject parcel is property is 7.631 acres in size and is roughly rectangular in
shape. The parcel is located at the undeveloped end of Mailani Street in the Waiakea
Homestead lots. The parcel is currently undeveloped and overgrown, and was completely
cleared and graded in the past. The parcel is currently vacant of any structures or
improvements. Although ohana dwellings are pennitted in the County's Residential
zoned district, a condition will be included to incorporate restrictive covenants in the
deed of all lots to prohibit ohana dwellings on the lots.
The applicant's proposal to subdivide the property into 27 lots is consistent with
the Low Density Urban designation. This designation reflects the existing low-density
residential development in this area of the Waiakea Homestead lots. The area is primarily
residential in character with some agricultural lots. The proposed change of zone would
complement the existing land uses in this area and will provide for an orderly
development of the area.
Surrounding properties are situated within Single-Family Residential (RS) and
Agricultural (A) zoned districts. Immediately north and west of the subject parcel are lots
zoned Single-Family Residential — 10,000 square feet (RS-10), with a portion of the
western property line bounded by an Agricultural-3 acre (A-3a) zoned parcel. To the
south are other A-3a zonedparcels, while the entire eastern side of the subject parcel is
bounded by a block of Agricultural-1 acre (A-1 a) lots created by subdivision of lot 813 of
the Waiakea Homesteads in 1961. The surrounding lands uses are predominately used for
-3-
single-family residences.
The proposed request will result in a more appropriate land use pattern that
will further the public necessity and convenience and the general welfare. When
considering any request to change the zoning district of a property, the Director shall
consider the purpose of the existing and proposed zoning district and the purpose of the
Zoning Code and shall recommend a change in zoning only where it would result in a
more appropriate land use pattern that will further the public necessity and convenience
and the general welfare.
The predominant land use in this area is single-family residential with the
exception of a few Agricultural zoned parcels in the vicinity of the proposed project site.
The majority of the single-family residential parcels range between 10,000 to 15,000 sq.
ft. in size and are zoned either RS-10 or RS-15. If approved, the proposed zoning of this
site would be lots averaging 10,000 sq. ft. in size which would be consistent with the
surrounding parcels zoning.
For the purpose of promoting health, safety, or the general welfare of the County,
fi
the Zoning Code regulates and restricts the height, size of buildings, and other strictures,
the percentage of a building site that may be occupied, off-street parking, setbacks, size
of yards, courts, and other open spaces, the density of population, and the location and
use of buildings, structures, and land for trade, industry, residence, or other purposes. In
considering the purposes of the Zoning Code in relation to the proposed request, the
approval of the request will result in a higher density. If approved, the applicant could
build a dwelling on each of the newly created lots, resulting in an increase in the overall
unit density within the project site.
In considering the request in relation to the surrounding zoning, the request will
result in an appropriate land use pattern. The subject property is surrounded on three
sides by parcels that are zoned for single-family residential use, which will be similar to
the proposed subdivision and will allow for the same density as the surrounding parcels.
Based on the above information, the proposed request will result in a more
appropriate land use pattern that will further the public necessity and convenience, and
the general welfare of the County.
-4-
The proposed request will not burden public agencies to provide utilities and
services to the subject property. Access to the subject parcel is via W. Kawailani Street
to Mailani Street direct to the lot. Mailani Street will be extended as a right-of-way to
create the appropriate ingress/egress to the subdivision. All road work will conform to
Chapter 22 of the Hawaii County Code (HCC): Streets and Sidewalks. According to the
Department of Public Works (DPW), the proposed RS-10 zoning will require that the
Mailani Street extension be constructed with curbs, gutters, and sidewalks with decidable
pavement. The proposed right-of-way (i.e., Mailani Street extension) should match with
the existing Mailani Street, which according to the Ahualani Subdivision Unit 1 final
subdivision snap, the right-of-way width is 50-feet.
According to the Department of Water Supply (DWS) a water commitment
deposit has been paid for the 26 additional lots of the 27-lot subdivision. Pursuant to
Rule 5 of the DWS Rules and Regulations, a water commitment for the proposed
development in the amount of 10,400 gallons per day, or 26 additional units of water, was
granted to the applicant until April 30, 2022. Conditions of approval include the
constriction of necessary water system improvements such as water mains and service
laterals. The applicant is also required by DWS to remit the prevailing facilities charge
which is due and payable upon completion of the installation of the required water
systems, and prior to final subdivision approval.
As there is no municipal wastewater system in this area, wastewater will be
disposed of by an individual wastewater system, meeting the requirements of the
Department of Health. This will be done by the respective landowner in conjunction with
the construction of a dwelling.
The subject property is located within an area designated as Flood Zone "X", or
an "Area of Minimal Flood Hazard." As conditions of this recommended ordinance, all
development generated runoff shall be disposed of onsite and not be directed toward any
adjacent properties. Moreover, all earthwork and grading shall comply with Hawaii
County Code Chapter 10, Erosion and Sediment Control and all development shall
comply with Hawaii County Code Chapter 27, Floodplain Management.
All other essential utilities and services are or can be made available to the site.
-5-
The subject request is not contrary to Chapter 205A, Hawaii Revised
Statues, relating to Coastal Zone Management. The property is not located in the
Special Management Area. The site is located approximately 3.38-miles from the nearest
shoreline and therefore will not be impacted by coastal hazard and beach erosion. There
is no record of a designated public access that traverses the property. No valued cultural,
historical or natural resources exist on the property and there is no evidence of any
traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is
not anticipated that the proposed request will have any adverse impact on cultural or
historical resources in the area.
In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa`akai O
Ka`Aina" decisions, the issue relative to native Hawaiian gathering and fishing rights
must be addressed in tens of the cultural, historical, and natural resources and the
associated traditional and customary practices of the site:
• Investigation of valued resources: No formal archaeological reconnaissance
survey, oral history of kama`aina accounts of the area, historical survey of
documentary records, or botanical study was included in the application.
• The valued cultural historical, and natural resources found in the rezoning area:
The property has formerly used for cattle grazing and it is anticipated that no
historic properties will be affected. A request for review has been submitted to the
i
Department of Land and Natural Resources - State Historic Preservation Division
to detennine if any historic properties would be affected by the proposed change
of zone.
• Possible adverse effect or impairment of valued resources: Native plants may be
destroyed by ground alteration. There is no evidence that the flora in the area are
particularly desired or used for cultural practices.
• Feasible actions to protect native Hawaiian rights: No gathering is taking place
on the site. Thus, to the extent to which traditional and customary native
Hawaiian rights are exercised, the proposed action will not affect traditional
Hawaiian rights; therefore, no action is necessary to protect these rights.
-6-
Lastly, this approval is made with the understanding that the applicant remains
responsible for complying with all other applicable govermnental requirements in connection
with the approved use, prior to its commencement or establishment upon the subject
property. Additional governmental requirements may include the issuance of building
permits, the installation of approved wastewater disposal systems, compliance with the Fire
Code, installation of improvements required by the American with Disabilities Act (ADA),
compliance with DLNR-SHPD requirements, among many others. Compliance with all
applicable governmental requirements is a condition of this approval; failure to comply with
such requirements will be considered a violation that may result in enforcement action by the
Planning Department and/or the affected agencies.
Based on the above findings, approval of the Change of Zone request from Agricultural-
3 acre (A-3a) to Single-Family Residential — 10,000 sq. ft. (RS-10) would result in an
appropriate land use pattern that will further the public necessity and convenience and the
general welfare.
The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map) Article
8, Chapter 25 (Zoning) of the Hawaii County Code is provided for your favorable
consideration. Please note the proposed conditions of approval attached to the draft bill.
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OO��LY OF
COUNTY OF HAWAII {; STATE OF HAWAII
�rF•OFH F'J+
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
AGRICULTURAL—THREE ACRES (A-3a) TO SINGLE FAMILY RESIDENTIAL— 10,000
SQUARE FEET (RS-10) AT WAIAKEA, SOUTH HILO, HAWAI`l, COVERED BY TAX
MAP KEY: 2-4-080:013.
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 Hawaii 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 Waidkea, South Hilo,
Hawaii, shall be Single Family Residential— 10,000 square feet (RS-10):
Beginning at the northwest corner of this parcel of land,being the southeast
conger of Lot 66, Ahualani Subdivision, Unit 1, File Plan 1453, the coordinates of said
point of beginning referred to Govervauent Survey Triangulation Station "HALM" being
14,145.374 feet South and 257.67 East and running by azimuths measured clockwise
from True South:
I. 265° 40' 303.70 feet along Lot 23, Mailani Street and
Lot 22 of Ahualani Subdivision, Unit
1, File Plan 1453;
2. 355° 40' 911.90 feet along Lots 75, 64, 63, 56, 55, 48,
47 and 40 of Hoomalu Street
Subdivision;
3. 85° 40' 400.55 feet along Lots 1-B and 2-13;
-1-
4. Thence along Lot 4-13, along a curve to the right with a radius of 30.00 feet, the
chord azimuth and distance being:
130° 40' 42.43 feet;
5. 175° 40' 408.86 feet along Lot 4-13;
6. 265° 40' 126.85 feet along Lot 4-B;
7. 175° 40' 473.04 feet along Lots 4-13, 3-B, 3-A, 2 and
1 to the point of beginning and
containing an area of 7.631 acres,
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, Hawaii 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
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a
SECTION 3. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, the invalidity does not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
-3-
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INAZON' ll "No G D E mMEND .M. ENOT TO THE
AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8,
CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL -THREE ACRES (A-3a) TO
SINGLE FAMILY RESIDENTIAL - 10,000 SQUARE FEET (RS-10)
AT WAIAKEA, SOUTH HILO, HAWAII
MAP PREPARED BY:
TMK:(3)2-4-080:013 COUNTY OF HAWAI'1, PLANNING DEPARTMENT DATE:March 11,2019
EXHIBIT "A" Maw 1408w 1408
CUMEMOTOREZ.ajr.05.14.19
CHARLES UMEMOTO
CHANGE OF ZONE APPLICATION (REZ 19-000235)
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, their successors or assigns shall comply with all applicable County,
State, and Federal Laws, codes, rules, regulations, and requirements.
C. The applicant is responsible for maintaining valid water commitments to support
the proposed use until such time that required water facilities charges are paid in
full.
D. Final Subdivision Approval shall be secured within five (5) years from the
effective date of this ordinance'.
E. Prior to issuance of Final Subdivision Approval, the applicant shall constrict
necessary water improvements, which shall include but not be limited to: 1) water
mains capable of providing water at adequate pressure under peak-flow and fire-
flow conditions; minimum diameter of which shall be six (6) inches; 2) service rr
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laterals that will accommodate a 5/8-inch meter to front each lot; 3) fire hydrants
spaced no more than 600-feet apart. On dead-end streets, the last fire hydrant shall k
be located at one-half(1/2) the distance from the last house, or unit, fronting the
property or driveway or access to the property; and 4) subject to other agencies
requirements to construct improvements within the road right-of-way fronting the
property affected by the proposed development, the applicant shall be responsible
for the relocation and adjustment of the Department's affected water system
facilities, should they be necessary.
F. The applicant shall provide improvements to the proposed Mailani Street
extension 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 proposed Mailani Street extension shall
match with the existing Mailani Street which includes 50-feet of right-of-way
width.
G. Mailani Street Extension shall be built to County dedicable standards, including
the provision of concrete curbs, gutters, and sidewalks, and dedicated to the
County upon Final Subdivision Approval.
H. Construction within the County right-of-way shall conform to Chapter 22, County
Streets, of the Hawaii County Code.
I. All development-generated runoff shall be disposed of on site and shall not be
directed toward any adjacent properties. A drainage study shall be prepared by a
licensed civil engineer and submitted to the Department of Public Works prior to
issuance of a construction permit. Any recormnended drainage improvements, if
required, shall be constructed meeting with the approval of the Department of
Public Works prior to the constriction of any proposed structures on the property.
J. The applicant shall comply with the Department of Health's Hawaii
Administrative Rules (HAR) Chapter 11-55, riles regarding Water Pollution
Control, which requires an NPDES pen-nit for certain construction activities.
K. All earthwork and grading activity shall conforin to the Hawaii County Code
Chapter 10, Erosion and Sedimentation Control, and Chapter 27, Flood Control.
L. Restrictive covenants in the deeds of all the proposed lots shall give notice that
the terns of the zoning ordinance prohibit the construction of a second dwelling
unit and condominium property regimes on each lot. This restriction may be
removed by amendment of this ordinance by the County Council. The owners of
the property may also impose private covenants restricting the number of
dwellings. A copy of the proposed covenant(s) to be recorded with the State of
Hawaii Bureau of Conveyances shall be submitted to the Planning Director for
review and approval prior to the issuance of Final Subdivision Approval. A copy
of the recorded document shall be filed with the Planning Department upon its Ire
receipt from the Bureau of Conveyances.
M. 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 development and/or construction work, the applicant will
-2-
cease work in the irmnediate vicinity of the find, protect the find from additional
disturbance, and contact the State Historic Preservation Division at (808) 933-
7651.
N. A septic system, meeting with the approval of the Department of Health, shall be
completed by each respective landowner in conjunction with the construction of a
dwelling prior to the issuance of the Certificate of Occupancy.
O. The applicant shall make its fair share contribution to mitigate the potential
regional impacts of the development with respect to parks and recreation, fire,
police, solid waste disposal facilities and roads. The fair share contribution shall
become due and payable prior- to receipt of Final Subdivision Approval. The fair
share contribution for each newly created lot shall be based on the actual number
of residential units developed. 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$14,696.92 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. $7,087.11 per single family residential unit to the County to support park
and recreational improvements and facilities;
2. $341.89 per single family residential unit to the County to support police
facilities;
3. $675.26 per single family residential unit to the County to support fire
facilities;
4. $295.64 per single family residential unit to the County to support solid
waste facilities; and
5. $6,297.02 per single family residential unit to the County to support road
and traffic improvements.
-3-
In lieu of paying the fair share contribution, the applicant 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.
P. To ensure that the Goals and Policies of the Housing Element of the General Plan
are implemented, the applicant shall comply with the requirements of Chapter 11,
Article 1, Hawaii County Code relating to Affordable Housing Policy. This
requirement shall be approved by the Administrator of the Office of Housing and
Community Development prior to Final Subdivision Approval.
Q. 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.
R. 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-perforinance is the result of conditions that could not have been
4`
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 r
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).
-4-
5. If the applicant(s) 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 Director may initiate rezoning of the area to its original or more
appropriate designation.
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