Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
PD BACKGROUND REPORT (PL-REZ-2021-000013)
B Tre&REZ.crk.3.72022 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT DALE HERBERT TREFZ CHANGE OF ZONE APPLICATION (PL-REZ-2021-000013) DALE HERBERT TREFZ has submitted an application for a Change of Zone from an Agricultural-1 acre (A-la)zoning district to a Single-Family Residential-15,000 square feet (RS-15) zoning district for 33,738 square feet of land. The subject property is located at 65-1310 Lihipali Road, approximately 170 feet northeast of its intersection with Opelo Road, Por. Waimea Homesteads, South Kohala, Hawaii, TMK: (3) 6-5-007:045-0001 & 0002. PROPOSED ACTION 1. Applicant's Request: The applicant is requesting a Change of Zone from an Agricultural-1 acre (A-la) zoning district to a Single-Family Residential-15,000 square feet(RS-15) zoning district for 33,738 square feet of land. The RS-15 zoning district with a minimum lot size of 15,000 square feet, would allow a maximum density of two (2) lots. The Single-Family Residential zoning district provides for lower or low and medium density residential use, for urban and suburban family life. Requirements for establishing a land use in the RS district, including a list of the variety of permitted uses, are shown in Section 25-5-1 to 25-5-8 of the Zoning Code. (Planning Department Exhibit 1 - Zoning Code Requirements for Single-Family Residential Districts) 2. Objectives of the Requests: The property currently has two (2) condominium property regime (CPR)units: CPR 0001 (proposed Lot B-1) and CPR 0002 (proposed Lot 13-2), with one (1) single-family residence on each unit. The purpose of this request is to subdivide the property into two (2) lots of roughly 18,237 square feet and 15,501 square feet, consistent with the land area of each existing CPR unit, but free from CPR restrictions. 3. Construction Timetable and Cost: According to the applicant, a subdivision application would be filed immediately after approval of the rezone request. The applicant anticipates having the property subdivided by the end of 2022 and estimates that the cost of the project to be minimal as access and utilities to the property have been long established for -1- two (2) dwellings on the property. 4. Landowners: Dale Herbert Trefz, Patsy Tena Trefz, Shaibal Roy and Yin Ling. 5. Supporting Information: The applicant has submitted the following in support of their request. (Planning Department Exhibit 2 - Change of Zone Application dated December 7,2021) PROPERTY PERMIT HISTORY 6. March 1, 1988: Finalized date of`Ohana Dwelling Permit(OD 88-16). 7. July 8, 1988: Date of recordation for the `Kamuela Heights' Condominium Property Regime (CPR) at State Bureau of Conveyances creating a two (2)unit CPR. STATE AND COUNTY PLANS 8. State Land Use Designation: Urban. 9. County Zoning: Agricultural 1-Acre (A-la). 10. General Plan LUPAG Map: The subject property is designated as Low Density Urban. Low Density Urban allows for residential uses,with ancillary community and public uses. It also allows for neighborhood and convenience-type commercial uses. The overall residential density may be up to six (6)units per acre. 11. South Kohala Community Development Plan (SKCDP): The subject property is in the SKCDP district and lies within a developed area shown on the Waimea Town Conceptual Plan map. 12. Special Management Area (SMA): The property is located approximately ten (10) miles from the nearest shoreline and is not situated within the Special Management Area. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 13. Subject Property: The subject property is trapezoidal in shape, and slopes slightly from east to west. It is currently improved with two (2) dwellings, one (1) on each CPR unit. CPR 0001 is 18,237 square feet in size and is improved with a 2,901 square foot dwelling that was built in 1963 (under Building Permit No. 2713). A recent survey of the property revealed that a portion of the eaves on the permitted carport may encroach over the eastern boundary of the parcel. If required, the landowner will correct this encroachment by way of removal or negotiation of an encroachment agreement with the adjacent landowner. CPR 0002 is 15,501 square feet in size and is improved with a 2,479 square foot dwelling permitted as an `Ohana Dwelling in 1988 and constructed in 1988 -2- (Building Permit No. 880867). Each dwelling and related improvement is served by its own driveway from Lihipali Road. 14. Surrounding Zoning/Land Uses: The parcels immediately to the east, south and west of the subject property are similarly zoned Agricultural 1-Acre (A-la) and are similarly of non-conforming sizes and primarily in residential use. Properties to the north are zoned Agricultural (A-400a) and used for cattle grazing. 15. ALISH: The subject property is "Unclassified" on the State Agricultural Lands of Importance Map. 16. Land Study Bureau's Detailed Land Classification System: The subject property is unclassified on the Land Study Bureau (LSB) map. 17. U.S.D.A. Soil Survey: The soils on the subject property are classified as palapalai hydrous silt loam with 12 to 20 percent slopes. This soil is considered well drained with a medium runoff class. 18. FEMA FIRM MAP: The majority of the subject parcel is in an area designated as Zone "X" (an area of minimal flood hazard) on the Flood Insurance Rate Map (FIRM)by the Federal Emergency Management Agency (FEMA). A small portion of the northwest corner of the parcel is located in Zone "XS" (an area of moderate flood hazard, usually the area between the limits of the 100-year and 500-year floods). As the applicants are not proposing any further development of the property, no impacts to drainage are anticipated. 19. Flora/Fauna Resources: There were no professional surveys conducted of the floral or faunal resources of the subject property,however the applicant does not believe that any rare or endangered floral or faunal resources are likely to be found within the subject property due to long developed residential use on the property and the suburban nature of the surrounding area. Vegetation found on the parcel consists of mainly introduced, ornamental landscaping plants (Monterey Cyprus, Agave, Japanese Maple, Bromeliads, Bamboo, `Ghia, etc.) and fauna found in the area include common introduced bird species, domestic animals,rats,pigs, and mongoose. 20. Archaeological/Historic/Cultural Resources: As the subject property has been developed with a residential use since 1963, no professional archaeological and/or cultural study was conducted of the property. According to the applicant, no -3- archeological or historical features are known to exist on the subject property. The applicant is not seeking to further develop the land (besides minor improvements and maintenance of the existing structures and dwellings). The subject site is not adjacent and/or proximate to the shoreline. As such, gathering of marine life and coastal access is not an issue. It is not known whether the subject property or the immediate surrounding area was used in the recent past for the gathering of plants by Native Hawaiians. The applicant reports they have not observed any Native Hawaiians gathering plants on the subject property or the surrounding properties. 21. Public Access: There is no known public access to the mountain or shoreline that traverses through the subject property. PUBLIC UTILITIES AND SERVICES 22. Vehicular Access: The subject property is currently accessed via Lihipali Street, a County-owned and maintained roadway with 16-to 20-foot-wide pavement within a 40- foot right-of-way. In the vicinity of the subject parcel, there are five (5) large drainage facilities/drywells maintained by the County on the mauka side of the road. Each CPR unit is served with its own,paved driveway. According to the Department of Public Works-Engineering Division (DPW), all driveway connections must conform with Chapter 22, County Streets of the Hawaii County Code, and access to Lihipali Road, including the provision of adequate sight distance must meet with the approval of DPW. 23. Traffic: As the applicant is not proposing any additional development, traffic impacts are expected to remain consistent with existing traffic to the two established dwellings on the property. 24. Water: The subject property is currently served by two (2) existing DWS water meters. Since the applicant intends to subdivide the subject property, the Department of Water Supply (DWS)requests that the applicant designate,in writing,which lot within the proposed subdivision will be assigned each of the existing service meters,prior to final subdivision approval. DWS also stated that final subdivision approval will be subject to compliance with the requirements to construct any necessary water system improvements. 25. Wastewater: As there is no municipal sewer system in the area, the two (2) existing dwellings are currently serviced by individual wastewater systems (IWSs)permitted by -4- the State Department of Health (DOH)with the dwelling on CPR Unit 0001 served by a septic system and the dwelling on CPR Unit 0002 served by a permitted cesspool. According to the DOH Wastewater Division,the location of the existing IWS(s)may not meet the provisions of Hawaii Administrative Rule Chapter 11-62 regarding the setbacks from the (proposed new) property line based on the current subdivision layout. In response,the applicant provided more specific evidence that the proposed subdivision would meet the minimum required five (5) foot setback from the proposed property line to the IWS tank and absorption bed. 26. Solid Waste: There are no municipal waste collection services in the County. According to the applicant, solid waste will be handled through commercial haulers or the individual homeowners into authorized landfill sites or transfer stations. 27. Essential Utilities and Services: All essential utilities are available to the property. The closest police, fire and medical facilities are located nearby in Waimea. AGENCIES' COMMENTS 28. Department of Public Works,Engineering Division: (Planning Department Exhibit 3 —January 12,2022 Memo) 29. Department of Environmental Management-Wastewater Division: (Planning Department Exhibit 4—January 12,2022 Memo) 30. Department of Water Supply: (Planning Department Exhibit 5—January 20, 2022 Letter) 31. Fire Department: (Planning Department Exhibit 6—January 6,2022 Memo) 32. State Department of Health: (Planning Department Exhibit 7—January 10,2022 Memo) AGENCIES AND ORGANIZATIONS—NO COMMENT/CONCERNS 33. Department of Environmental Management— Solid Waste Division, Police Department, State Office of Planning, State Department of Land and Natural Resources—Engineering Division. PUBLIC COMMENTS 34. Testimony from Victor Jensen: (Planning Department Exhibit 8 —January 28, 2022 Letter) -5- 35. Testimony from Lyn Lam,M.D. & Terry Lain: (Planning Department Exhibit 9 — January 28,2022 Letter) APPLICANT'S RESPONSE TO AGENCY AND PUBLIC COMMENTS 36. Applicant's response to Jensen Testimony: (Planning Department Exhibit 10 — February 17,2022 Letter) 37. Applicant's response to DOH Comments: (Planning Department Exhibit 11 — February 23,2022 Letter) -6- ZONING § 25-4-68 Section 25-4-68. Grounds for approval or denial. The director shall approve an application for recognition of a de minimis structure position discrepancy unless: (a) The discrepancy is greater than the difference as allowed by the de minimis structure position discrepancy definition, or (b) The director finds that the improvement was placed with knowledge that it would violate the minimum yard or open space requirements; or (c) The improvement could be moved, or the discrepancy otherwise corrected, without significant expense, difficulty, or hardship to the applicant. (2002, ord 02-70, sec 3.) Section 25-4-69. Recognition of de minimis structure position discrepancy. If the director accepts the application for recognition of de minimis structure position discrepancy, the director shall notify the applicant in writing that the discrepancy is not a violation of the zoning code and that it may remain in place without a variance. (2002, ord 02-70, sec 3.) Section 25-4-70. Disclosure. A de minimis structure position discrepancy shall be disclosed by the owner to subsequent purchasers of the property in question. (2002, ord 02-70, sec 3.) Section 25-4-71. Appeals. The director's decision with respect to a de minimis structure position discrepancy is appealable to the board of appeals. (2002, ord 02-70, sec 3.) Article 5. Zoning District Regulations. Division 1. RS, Single-Family Residential Districts. Section 25-5-1. Purpose and applicability. The RS (single-family residential) district provides for lower or low and medium density residential use, for urban and suburban family life. It applies to areas having facilities, and to carry out the above stated purpose. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-2. Designation of RS districts. Each RS (single-family residential) district shall be designated on the zoning map by the symbol"RS" followed by a number which specifies the required minimum building site area in thousands of square feet. (1996, ord 96-160, sec 2; ratified April 6, 1999.) 25-73 Planning Dep . Exhibit § 25-5-3 HAWAII COUNTY CODE Section 25-5-3. Permitted uses. (a) The following uses shall be permitted in the RS district: (1) Adult day care homes. (2) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (3) Community buildings, as permitted under section 25-4-11. (4) Crop production. (5) Dwellings, single-family. (6) Family child care homes. (7) Group living facilities. (8) Home occupations, as permitted under section 25-4-13. (9) Meeting facilities. (10) Model homes, as permitted under section 25-4-8. (11) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. (12) Public uses and structures, as permitted under section 25-4-11. (13) Short-term vacation rentals situated in the general plan resort and resort node areas. (14) Temporary real estate offices, as permitted under section 25-4-8. (15) Utility substations, as permitted under section 25-4-11. (b) In addition to those uses permitted under subsection (a) above, the following uses may be permitted in the RS district, provided that a use permit is issued for each use: (1) Bed and breakfast establishments as permitted under section 25-4-7. (2) Care homes. (3) Churches, temples and synagogues. (4) Crematoriums, funeral homes, funeral services, and mortuaries. (5) Day care centers. (6) Golf courses and related golf course uses, including golf driving ranges, golf maintenance buildings and golf club houses, provided that the property is within the state land use urban or rural district. Golf courses and golf driving ranges shall not be permitted within the state land use agricultural district unless approved by the County before July 1, 2005. (7) Hospitals, sanitariums, old age, convalescent, nursing and rest homes. (8) Medical clinics. (9) Schools. (10) Telecommunication antennas and towers. (11) Yacht harbors and boating facilities. (c) Buildings and uses normally considered directly accessory to the uses permitted in this section shall also be permitted in the RS district. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2012, ord 12-28, sec 3; am 2014, ord 14-86, sec 3; am 2018, ord 18-114, sec 5; am 2019, ord 19-100, sec 3; am 2021, ord 21-26, sec 5.) Section 25-5-4. Height limit. The height limit in the RS district shall be thirty-five feet. (1996, ord 96-160, sec 2; ratified April 6, 1999.) SUPP. 10 (7-2021) 25-74 ZONING § 25-5-5 Section 25-5-5. Minimum building site area. The minimum building site area in the RS district shall be seven thousand five hundred square feet. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-6. Minimum building site average width. Each building site in the RS district shall have a minimum average width of sixty feet, plus two feet for each five hundred square feet of required building site area in excess of seven thousand five hundred square feet, except that no building site shall be required to have an average width of more than one hundred fifty feet. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-7. Minimum yards. The minimum yards in the RS district shall be as follows: (1) On a building site with a required area of seven thousand five hundred square feet to and including nine thousand nine hundred ninety-nine square feet: (A) Front and rear yards, fifteen feet; and (B) Side yards, eight feet. (2) On a building site with a required area of ten thousand square feet to and including nineteen thousand nine hundred ninety-nine square feet: (A) Front and rear yards, twenty feet; and (B) Side yards, ten feet. (3) On a building site with a required area of twenty thousand square feet or more: (A) Front and rear yards, twenty-five feet; and (B) Side yards, fifteen feet. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 1997, ord 97-88, sec 1.) Section 25-5-8. Other regulations. (a) There may be more than one single-family dwelling on each building site in an RS district provided there is not less than the required minimum building site area for each dwelling. (b) One guest house, in addition to a single-family dwelling, may be located on any building site in the RS district. (c) An ohana dwelling may be located on any building site in the RS district, as permitted under article 6, division 3 of this chapter. (d) If a legal building site in the RS district has less area or average width than is required, then the yard requirements for the building site shall be the same as in the RS district having the largest requirements for which the building site can comply. (e) Exceptions to the regulations for the RS district regarding heights, building site areas, building site average widths and yards, may be approved by the commission within a planned unit development, or by the director within a cluster plan development. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 3.) 25-75 § 25-5-20 HAwAI`I COUNTY CODE Division 2. RD, Double-Family Residential Districts. Section 25-5-20. Purpose and applicability. The RD (double-family residential) district provides for moderate density use characterized by the establishment of single or double-family dwellings on each building site. It applies to areas with developed community facilities. It may occupy a transitional area between RS districts and those districts having a more intense use of land. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-21. Designation and density of RD districts. Each RD (double-family residential district) shall be designated on the zoning map by the symbol"RD" followed by the number"3.75" which requires that the minimum land area for each dwelling unit shall be three thousand seven hundred fifty square feet. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-22. Permitted uses. (a) The following uses shall be permitted in the RD district: (1) Adult day care homes. (2) Bed and breakfast establishments as permitted under section 25-4-7. (3) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (4) Community buildings, as permitted under section 25-4-11. (5) Crop production. (6) Dwellings, double-family or duplex. (7) Dwellings, single-family. (8) Family child care homes. (9) Group living facilities. (10) Home occupations, as permitted under section 25-4-13. (11) Meeting facilities. (12) Model homes, as permitted under section 25-4-8. (13) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. (14) Public uses and structures, as permitted under section 25-4-11. (15) Short-term vacation rentals situated in the general plan resort and resort node areas. (16) Temporary real estate offices, as permitted under section 25-4-8. (17) Utility substations, as permitted under section 25-4-11. (b) In addition to those uses permitted under subsection (a) above, the following uses may be permitted in the RD district, provided that a use permit is issued for each use: (1) Care homes. (2) Churches, temples and synagogues. (3) Crematoriums, funeral homes, funeral services, and mortuaries. (4) Day care centers. SUPP. 6 (7-2019) 25-76 LAND" * :y 194 Wiwoole St. Hilo,11196720 PLANNING (808)333-3393 info@landplanninghawaii.com HAWAII LLC December 7, 2021 Mr. Jeffrey Darrow, Deputy Director Planning Department COUNTY OF HAWAII 141 Pauahi Street Hilo,HI 96720 Dear Mr. Darrow: Subject: Submission of Change of Zone Application Applicant: Dale Herbert Trefz Landowners: Dale Herbert Trefz,Patsy Tena Trefa, Shaibal Roy & Yin Ling Leung Waimea Homesteads,Waimea,South Kohala Hawaii TMK: (3)6-5-007: 045-0001 &0002 Transmitted here for your review and processing is the submittal of an application requesting the rezoning of a 33,738-square foot parcel of land from the Agriculture(A-la)to the Residential (RS-I5)district. The subject property is located off of Lihipali Road, approximately 230 feet from its intersection with Opelo Road in Waimea, South Kohala, Hawaii. The parcel currently consists of two(2)CPR lots.If approved,the applicant intends to subdivide the 33,738-square foot parcel into two (2)separate TMK lots free of CPR restrictions. The transmittal includes a) the application form;b)a letter of authorization allowing my office to file the application on the landowner's behalf; c) a list of surrounding property owners within three hundred(300)feet of the subject parcel; d) a metes and bounds description of the property; e)departmental questionnaire; and f)background& environmental report, which includes the location and proposed site plan. Further a payment of$525.00 for the County filing fee will be paid via electronic check. 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 feel free to direct them to me. Thank you very much. Sincerely, JOHN PIPAN Planning Administrator Enclosures Copy—Dale Trcfz Planning Dept. Exhibit 2 CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Dale Herbert Trefz -- > APPLICANT'S SIGNATURE: DATE. 16/41/7,0 Z ADDRESS: P.O. Box 1643, Kamuela, H196743 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S)INCLUDING NAMES OF MAIN OFFICERS: PHONE:{Sus.} (Res.) 848-885-6467 (Fax) LANDOWNER(S): Dale Herbert Trefz, Patsy Tena Trefz_ Sheibal Roy, Yin Ling Leung LANDOWNER SIGNATURE(S): please see attached Addendum DATE: (Mav be by letter) LANDOWNER(S) ADDRESS: Trefz: P.D. Box 1643, Kamuela HI 96743 Roy & Leung: 6718 134th Court NE, Redmond, WA 98052 REQUEST: A-1 a TO RS-15 (Eusking coning) (Proposed Zoning) TAX MAP KEY: (3) 6-5-007: 045-0001 & 0002 -- — STREET ADDRESS OF PROPERTY- 65-1310 Lihipali Road A & B, Kamuela, HI 96743 CPR 0041: '18,237 sq.ff. SIZE OF PROPERTY OR AFFECTED AREA(S)TO BE REZONED-CPR 0002: 15,501 so.ft., Total: 33„738 sq. #t. AGENT- Land Planning Hawaii LLC ADDRESS: 194 Wiwoole Street Hilo HI 96720 TELEPHONE-(Bus.) (808) 333-3393 (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL- Agent COPIES:_Applicant ADDENDUM TO CHANGE OF ZONE APPLICATION - TM K: (3) 6-5-007:045-0001 & 0002 Landowner Signatures: 16/2 S -2G2- Dale Herbert Trefz (Date) , :z7. L-a-r Patsy Tena Trefz (Date) 5haibal Roy (Date) Yin Ling Leung (Date) Zoho Sign Document ID:YSZYW8ZERSCI WW9MJZS3BCT9XQPQV3USB2_LD830VH4 ADDENDUM TO CHANGE OF ZONE APPLICATION - TMK: (3) 6-5-007: 045-0001 &0002 Landowner Signatures: Dale Herbert Trefz (Date) Patsy Tena Trefz (Date) S Oct 29 2021 22:14 PDT Shaibal Roy (Date) Oct 29 2021 22:11 PDT Yin Ling Leung (Date) Zoho Sign Document ID:YSZYW8ZERSCI WW9MJZS3BCT9XQPQV3USB2_LD830VH4 TO WHOM IT MAY CONCERN: As landowners of parcels identified byTMKs: (3) 6-5-007: 045-0001 &0002, we hereby consent and authorize Land Planning Hawaii LLC to file and process a Change of Zane Application on our behalf. Dale Herbert Trefz (Date) Patsy Tena Trefz (Date) ,�) I al Oct 29 2021 22:14 PDT 5haibal Roy (Date) Oct 29 2021 22:11 PDT Yin Ling Leung (Date) TO WHOM IT MAY CONCERN: As landowners of parcels identified by TMKs: (3) 5-5-007: 045-0001 &0002, we hereby consent and authorize Land Planning Hawaii LLC to file and process a Change of Zone Application on our behalf. /0 / 2 Dale Herbert Trefz (Date) (�4, )� /2 { Patsy Tena Trefz Date) 5haibal Roy (Date) Yin Ling Leung (Date) #06764.3 PROPOSED CHANGE OF ZONE FROM A-1a TO RS-15 PROPOSED CHANGE OF ZONING DESIGNATION FROM A-1a TO RS-15 LOT B Land situated on the Southerly side of Lihipali Road at Waimea, South Kohala, Island and County of Hawaii, State of Hawaii. Being the whole of: Lot B; and Being portions of: Grant 12,788 to R.T. and G.G. Williams; Grant 11,556 to A. Waterhouse; and Grant 11565 to C. Littlejohn. Beginning at a 1/2 inch pipe (found)at the Northeasterly corner of this parcel of land, being also the Northwesterly corner of Lot B and being a point on the Southerly side of Lihipali Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "WEST BASE"being 610.23 feet North and 4,116.75 feet West and running by azimuths measured clockwise from True South: 1. 3390 32' 45" 240.69 feet along Lot B and along the remainder of Grant 12,788 to R.T. and G.G. Williams to a point; 2. 900 22' 30" 171.35 feet along Lot H and along the remainders of Grant 11,565 to C. Littlejohn and Grant 11,556 to A. Waterhouse to a point; #06764.3 Page 1 of 2 WES THOMAS ASSOC/A TES —Land Surveyors— 75-5749 Kalawa Street, Kailua-Kona, Hawaii 96740-1817 #06764.3 PROPOSED CHANGE OF ZONE FROM A-1a TO RS-15 3. 1570 59' 175.33 feet along Lot A and along the remainders of Grant 11,556 to A. Waterhouse and Grant 12,788 to R.T. and G.G. Williams to a rebar (found); 4. 2470 59' 165.00 feet along the Southerly side of Lihipali Road to the point of beginning and containing an area of 33,738 Square Feet. L T. yWES THOMAS ASSOCIATES 9� itnG�l� l$Q` LICENSED PROFcSSiONAL g LAND SURVEYOR Chrystal Thomas Yamasaki No. 4331 Licensed Professional Land Surveyor yq t'Vq P� U 5 P State of Hawaii Certificate No. LS-4331 75-5749 Kalawa Street, Suite 201 Kailua-Kona, Hawaii 96740-1817 TMK: 6-5-007: 045 (3rd Division) November 15, 2021 #06764.3 Page 2 of 2 WES THOMAS ASSOCIATES -Land Surveyors- 75-5749 Kalawa Street, Kailua-Kona, Hawaii 96740-1817 Zoho sign Document ID:IGZY713IQXTKNSQFZAICCMG7JEP81CARFA6W2X7WTXUW ATTACHM ENT R esbentalR e zoning PLANNING DEPARTMENT COUNTY 0 F HAW All APPLI-ATI)N FOR CHANGE OT ZONE I. Ifyourmquestis approved,do you mend to subdirile the subj�cthnd h accordance wih the appmved change ofzone? Yes if yes,phase answerthe mstofquesthn 1 and then to question 3. a. H ow m any acres of the requested area do you intend to subda7jcte? 33,738 sf f ,�7 sf& IlntD whatbtsizes? 15.501 sf C' Jf your mquestis approved,appmxin ately how Jung a$erthe date ofapprovaldo you e-pectto submf yoursubdi7jsbn phns to the P hnning D epa±n ent within 2 forpreljn nary appmval? months d. Do you intend to bu31 houses on the new 1y clBated bts? no dfyes,phase answ erthe ti)lbw ing questions: on how m any of those bts? Atwhatappm,-jii ate price range? H ouse Lots Total Appmxj►ate-y how bng,aLrappmvalof the subdaris-bn,w ouii the fusthouse be avarabh fDroccupancy? If you mend to subdi7iJe,phase subm ita pmIm inary schem ati: subdarsibn phn together wih yourchange ofzone appJicathn fenm . Zoho Sign Document ID:IGZY713IQXTKNSQFZAICCMG7JEP81CARFA6W2X7WTXUW 2. Ifyou have no fmn plans ofsubdi/jJhg the subj�ctama, do you mend to: a. Sell.orhase the }and t someone who has fm plans? b. SeRor-base the }and t:) som eone who has tentage phns? C. SelLorbase the land-D som eone who has no plans? d. Keep 12 e. other Olease state) f. Ifyou intend tD do eihera,b,or c,please e]aboiate on the knd ofpbns the otherparty has.Please,also, :hcbde h youranswerappmxin ateJy how soon ager appmvalofyourmzon-hg do you expectto transferthe subjctland to anotherpaity. 3. Do You think thatyourmquestand your furberplans forge}and wilLalbviate the bcalhousbg sivatiDn? No How? 4. Am them any bufltngs on the subj,-cta-ma? Yes g3o, w hatkind? There are two single-family dwellings. whatdo you intend to do w 1 those bu3Jjngs ifyour requestis approved? The current property owners intend to continue to occupy the dwellings. -2- Zoho Sign Document ID:IGZY713IQXTKNSQFZAICCMG7JEP81CARFA6W2X7WTXUW 5. is the subkcthnd cumntly berg used forany agrcuXualactr�(? No Ifso,phase bstthe kinds ofpmducts gmwn and on how many squam feetoracros of]and perpmduct 6. To your know hdge,has there been any(boding andhr drainage pmbhm on the subj�ctama? No If so,phase descLbe the pmbhm . Dc.you think thatthe mads leading th the subtictama needs in pmvem ent? No Ifso,whatkand? Js the mad adequate forthe proposed traffic vobm e orbad? Adequate 8. W hatsortofgovemm entalassiatance and/brim pmvem ents do you he1wJILbe needed in the subj�-ctarea when devebped? Le s a. schools x b. R oads x C, Sewer x d. D zainage x e, poke Protectbn x 3- Zoho Sign Document ID:IGZY7BlQXTKN80FZAICCMG7JEP81CARFA6W2X7WTXUW Yes NN-D f, Fig P iDtectbn x 9. R ecxeatimnalFac tes x h. Public Utis x I . other x Forttiose checked 'yes,"phase elaborate whatWe ork-inds of in pmvem ents and/bra ssistance axe needed. S ilnatul'e: Address: 194 Wiwoole St, Hilo, HI 96724 Tehphone: $08-333-3393 Date: Dec 03 2021 6337AbOA -4- P.D .5A4 COUNTY ENVIRONMENTAL REPORT COUNTY REZONING REQUEST (A-la to RS-15) DALE TREFZ & PATSY TREFZ & SHAIBAL ROY& YIN LING LEUNG WAIMEA HOMESTEADS, SOUTH KOHALA, HAWAII TMK: (3) 6-5-007: 045 0001 & 0002 1 Contents I. INTRODUCTION.......................................................................................................................................3 H. PROJECT LOCATION..............................................................................................................................3 III. PROJECT DESCRIPTION....................................................................................................................6 A. PROJECT CONCEPT AND COMPONENTS.........................................................................................................6 PERMITTING HISTORY...................................................................................................................................6 B. PROJECT TIMETABLE AND COST...................................................................................................................7 IV. INSTITUTIONAL CONSIDERATIONS...............................................................................................7 A. STATE LAND USE............................................................................................................................................7 V. ENVIRONMENTAL CONSIDERATIONS.............................................................................................17 A. GENERAL DESCRIPTION...............................................................................................................................17 B. SOILS AND TOPOGRAPHY.............................................................................................................................18 C. NATURAL HAzARDs.....................................................................................................................................18 D. FLORAIFAUNA..............................................................................................................................................20 E. HISTORICICULTURALIARCHAEOLOGICAL RESOURCES.............................................................................2d F. VALUED CULTURAL RESOURCES.................................................................................................................20 VI. SOCIAL AND RELATED CONSIDERATIONS................................................................................21 A. SURROUNDING LAND USES...........................................................................................................................21 C. AGRICULTURAL IMPACTS............................................................................................................................22 VII. INFRASTRUCTURAL CONSIDERATIONS.....................................................................................22 A. ROAD..—............................................ ............................ ..............................................................................22 C. WASTEWATER..............................................................................................................................................22 E. OTHER GOVERNMENT SERVICES.................................................................................................................23 VHI. ]IMPACT SIGNIFICANCE ANALYSIS..............................................................................................23 A. RELATIONSHIP BETWEEN LOCAL SHORT-TERM USES OF ENVIRONMENT AND MAINTENANCE AND ENHANCEMENT OF LONG-TERM PRQDUCTIVITY.................................................................................................23 D. ALTERNATIVES TO THE PROPOSED PROJECT.............................................................................................24 IX. REGULATORY ANALYSIS...............................................................................................................25 A. GENERAL PLAN LUPAG MAP.... •---•...............•--.••........................-- ...........................................................25 B. GENERAL PLAN POLICES.............................................................................................................................25 C. SOUTH KOHALA COMMUNITY DEVELOPMENT PLAN.................................................................................28 D. ZONING AND SUBDIVISION...........................................................................................................................28 X. CONCLUSION.........................................................................................................................................29 FIGURES 1.LOCATION MAP.......................................................................................5 2.REZONING EXHIBIT MAP......................................................................6 3.STATE LAND USE MAP........................................................................8 4.LUPAG MAP.......................................................................................9 5.WAIMEA CONCEPTUAL PLAN MAP.......................................................10 6.ZONING MAP.......................................................................................15 7.FLOOD HAZARD Map.............................................................................19 EXHIBITS 1. EXHIBIT A—DECLARATION OF CPR OF KAMUELA HEIGHTS......................30 2 I. INTRODUCTION On behalf of all landowners of TMK: (3) 6-5-007: 045 CPR 0001 & 0002,Dale Trefz ("applicant") is requesting the rezoning of the subject parcel from Agricultural-1 acre (A-1 a) to Single Family Residential-I5 (RS-I5) with the intent to subdivide the land into two (2) TMK lots. The property is located at 65-1310 Lihipali Road, approximately 230 feet from its intersection with Opelo Road within Waimea Homesteads (Figure 1). If approved, the applicant intends to subdivide the total 33,738 square feet into two (2) lots consisting of roughly 18,237 square feet and 15,501 square feet in accordance with the land area of the existing Condominium Property Regime (CPR) units on the property (Figure 2). The subject property is one TMK lot which hosts two CPR units in accordance with the Declaration of Condominium Property Regime of Kamuela Heights recorded with the Bureau of Conveyances in 1988 (Exhibit A). Each CPR unit contains one (1) single- family dwelling. The proposed subdivision would be aligned so that each of the subdivided lots would contain one(1) of the existing single-family residences. The purpose of this request is to create two (2) independent TMK lots free from CPR restrictions. Although this project does not include any plans for development, both sets of landowners wish to separate any common interest in the property as ascribed by the CPR Declaration to ensure no limitations to their individual property rights and increase the marketability of their independent properties. Additionally, the administration requirements of the CPR Declaration are overly burdensome and unnecessary for a project of this size and each set of CPR owners would prefer to be independently responsible for the administration of their portion of the property. As the parcel totals 33,738 square feet and contains two (2) single-family residences, the proposed RS-I5 designation would be more desirable and logical than the current A-1 a zoning. The requested change of zone does not propose any further development of the property and has no anticipated impacts to any natural, cultural, historic, scenic or open space resources. Further, the proposed subdivision would not result in any change in density as each of the resulting parcels would already contain a single-family dwelling. Similar rezoning applications have been approved for nearby parcels within less than 0.5 miles of the property and thus approval of this change of zone request would be logical and in keeping with the surrounding land use. II. PROJECT LOCATION As noted earlier, the subject property is located off Lihipali Road, approximately 230 feet from its intersection with Opelo Road (Figure 1). The physical address for the parcel is 65-1310 Lihipali Road, Waimea Homesteads, South Kohala, Hawaii. Vehicular access to the property is from Lihipali Road. 3 -5-07 LU W n m W PLAT 0@ - " ��� ® -Y1Ft�(e -'+• c x _ _ ."L'.`�µ�rsi .. C�.�..i/ � te"'^I er°�Y+.�' O :cewraiiy.f Xa ed]x;! c � w- Oa _6 I�� s �ne-'s �;"�'`• •x w i NAcm[A PARK :' a,;,a"<.�pov � f ,,,,,.�.... • "•+,ten'�.,, _ _ -o.d.Na raB e5.t� .''H � � �,R e• ".�t42,:.` a s ..f 4,e.�.r- �{LNC 4•• e.ee,4. �aaa ".+A� w ° '\ .y�, C7 19r�11b 4S' ® st- M1as 1[ •d5$ ei9• ash © -� 60, 1 f i �t �� 0�E+`9' �e s"�',d{ v tP (�} ,.s ° :gyp+ i•. -ei ""' � �°�y/r� `ter � \ � sya rJ��� � t9 •�.:�+'r.� <4_�^S �,:..� %�..s � rf•''r n° a ���y� a k © 2r,17�._ Q a ate �� + �' � �" •� �r��. ''��'ui, �, �IF � • Ja 'f+'''�, ,A�y \'g�o^� �° � •a �I )� i'�+ °ro^ �v+°r �. - '' �*a Pia PV "<o p'r• l P®}b �s +�' � rr�, a �'°moo �, f� �°� 't•`'�r tc 1".( �L / `T• °1, ay .pn -- 7t � f v •7 T44 � •'1.08 ®"� OA� ° j � 4'4 v s'�'f �T � L v�3 '° '•'F I �T� �� �\ tO �• � b ✓ RO r TAXAIKWMA BUREAU . � F TERRInxx.pF xxxul r1���Q ��u.....M.�iv.�..a�:n�• ���y�O IGNE SE[ PLAT 6 5 07 Oh POR WAIMEA HOMESTEADS.S.WJhALA,HAWAAI 4 / 54,&E r 7D LWANW* E,aCALENII—wpm �LS W. W,I M l A LOT 9 REZONING EXHIBIT PROPOSED A-1(3 TO RS-15 ZONING MAP SHOWING LOT B 1%=M— Being Portions of Grant IZ788 to R.7. and G.G. Williams - I ZF�5- Grant _�56 A. Waterhouse and Grant 1,565 to C. Littlejohn —Tw—t ME Rlza:�r At Waimea, South Kchola Island and County of Hawaii, State of Hawaii Figure 2 III. PROJECT DESCRIPTION A. Project Concept and Components The applicant is requesting a change of zone from Agricultural (A-]a) to Single-Family Residential (RS-15) to subdivide the 33,738 square foot parcel into two (2) lots of roughly 18,237 square feet and 15,501 square feet (Figure 2). The property currently has two (2) CPR units: CPR 0001 and CPR 0002, with one (1) single-family residence on each. The purpose of this request is to subdivide the property into two independent lots free from CPR restrictions. The parcel has been developed and used for residential purposes for many years and will continue to be used as such under the proposed request. Water and electricity are readily available to both homes. CPR 0001 is serviced by an existing individual wastewater system and CPR 0002 is serviced by an existing cesspool. Both units are equipped with existing individual driveways and driveway access would not change under the proposed project. Utilities and access would not be impacted in any way by the subdivision. Further, no roadway improvements would be necessary nor would traffic increase beyond the standard residential use as no increase to density will result from this action. Permitting History CPR 0001 is owned by Roy Shaibal and Yin Ling Leung and is 18,237 square feet (0.4187 acres). It contains one (1) single-family residence. According to Real Property Tax records, the dwelling was built in 1963 under building permit number 27173 and is approximately 2,901 square feet in size with five (5)bedrooms and three (3) full bathrooms. The installation of solar water heater panels occurred in 2007 and 2021 under permit numbers B2007-0273K, B2007-1396K and BK2021-01095. A recent survey of the property revealed that a portion of the eaves on the permitted carport may encroach over the eastern boundary of the parcel. If required, the landowner will correct this encroachment by way of removal or negotiation of an encroachment agreement with the adjacent landowner. CPR 0002 is owned by Dale and Patsy Trefz and is 15,501 square feet (0.3559 acres). It contains one (1) single-family residence. According to Real Property Tax records, the dwelling was built in 1988 under building permit number 880867 and is approximately 2,479 square feet in size with three (3) bedrooms and three (3) full bathrooms. The addition of a new living room over a new garage, developments to the basement and alterations to the main level of the home occurred in 2006 under building permit No. B2006-1565K with final inspections completed. A solar hot water system was installed with a tank on the roof in 2008 under building permit No. B2008-1028K with final inspections completed as well. It is understood that the subdivision plan submitted herein may have to be adjusted prior to receipt of final subdivision approval to accommodate County subdivision requirements and appropriate conditions of approval. 6 B. Proiect Timetable and Cost The applicant hopes to secure County Rezoning approval as soon as possible and begin the subdivision process immediately thereafter. Tentatively,plans call for having the land subdivided by the end of 2022. The estimated cost of improvements for this project will be minimal as improvements do not appear necessary. As noted earlier, no utility usage or access will be impacted by the request as the property has been fully equipped to support the existing two (2) single-family residences for many years. The subdivided properties would continue to be used for residential purposes if approved. IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The subject site is designated State Land Use Urban (Figure 3). The applicant's request to rezone the parcel from A-1 a to RS-15 is consistent with its current Urban designation and thus no changes to the State Land Use designation are being requested. 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 (Figure 4). This designation identifies land for residential use with ancillary community and public uses, and neighborhood and convenience-type commercial uses; overall residential density may be up to six units per acre. The proposed subdivision resulting in two (2) lots would be consistent with the Low-Density Urban designation and no General Plan amendment would be required to effectuate this project. C. South Kohala Community Development Plan The South Kohala Community Development Plan(SKCDP) attempts to further define the General Plan and serves as aig lide for decision-makers. The subject property is located in a developed area as shown on the Waimea Town Conceptual Plan included in the SKCDP (Figure 5). This area is not identified for agricultural use and is thus more appropriate for residential use. Additionally, the proposed change of zone request is conducive to the goals, objectives, and policies outlined in the SKCDP as follows. Waimea Policy 1. "Preservation of Waimea's Sense of Place"shall be the principal, overarching land use policy for Waimea. This policy shall be implemented through measures for responsible growth, and through the preservation and protection of important lands and resources, including important cultural and historic sites and structures, important agricultural lands, and visually and environmentally important open space areas in Waimea Town. Strategy 1.1 Protect the Pu`u of Waimea— The green pu`u above Waimea Town have great cultural, historical and visual importance for the community. Together 7 STATE LAND USE DESIGNATIONS SUBJECT S ITE ' i • f 11r • � i ` I • ■ • l f : • it • ■ . •• • • • • I • • i • ■ • • • 1012712021.2:29:22 Pitt 1:5,800 e 004 0.09 0.18 ml State Land Use Classilicawns(SLU) Parcels(current boundary linos) Street Centerlines Agricultural 0 007 0.15 0.3 km Address Points Hawaii County Distinct Boundary C—ly n—i 17£)ayadnern.S-- Eul. Ds-uses NCA. NASA.rGIAR.N Rab—m NCEAS.NLS.05. NNIA,G.detasryr&— Urban Weh.+py8uMw W ArtG35 Figure3 lhE cmw tz Ms map were preps ca!m.ilgrynuaong enc penoinp cuipoees aror a o may no:Neve peen prepared far , s alae!a arye,enpnee lrq,n su ,A,V pum—, LUPAG MAP SUBJECT • SITE • • a • • • • •i • • • • .6 • I • • 10,2712021,2:23:38 PM 1:5,800 Land Use Pattern Allocation Guide(LUPAGf 0,64 0.09 0.18 ml IVlladlum Density Urban Address Points Extensive Agriculture 0 0.07 0.15 0.3 km Open Area Street Centerlines County r Ha■i cl C.�we.�r.S EWi.A hu•7)s.MCS,NCA. Low Density Urban - NASA,C61AR,N Rodman,NCEAS NLS.OS.NMA,Gecdet•ary*c sari. Parcels(current boundary lines) Hawaii County District Boundary Web App8urdwWArcGl9 Figure 4 The—W r of Otis map were p ep—d W nlglnational ana pFannirp p rp——y-d..V nat have Dean prepared h,or 6e-ilahW W WOW.—W-A119 rr—0.19 p�rpoaea Chapter 4:Waimea Town Plan FIG II RE 4.4:WAIMEA TOWN CDN CEPr[IAL PLAN • L Ca.6td F _Yr,rt •, �Z � wrxw .64A i z� - s�e.a�cr.sRE—► . : if v qr._. ':rte' _ .' � COMIJOSJ= Pte. in1's� t.c�4 ,.---•..` �jI I �y gy7l' t �yw%, ��.• ••�• ni• l!JJ�nf7��Uyy IGGLIFYY�U�7 :r .•34 .I caar �_f�� n �a HON-S A175 i ..+.• 9VWTRK 76W '� -..w.......e..dr N ` 94rSO IlY RK *'- ..........iia..-:.`..::::....s................... i ......... ..Ihck l-L..1 L.:aln�;(u K4E m •� South Kohala CDP 0 025•'05 L075 1 Red Tad_CDP Co' Waimea Town ConceptclaI Plan ' Page 55 10 Figure 5 with the grand views of Mauna Kea to the southeast of the town, the pu`u define the special landscape "sense of place"of Waimea. Discussion: The subject parcel is outside of the Pu'u Project Zone and would not impact the Pu'u of Waimea in any way.No development or change in land use is being proposed. Strategy 1.3 Protect important cultural and historic sites, structures and landscapes- Waimea Town has a wealth of cultural and historic resources,from pre-contact Hawaiian culture,from the heyday of the paniolo era, and from more recent times. A list of some of these sites and resources is located in section 2.5.1 of this CDP. Many of these sites, structures, and landscapes should be protected and preserved as important elements of Waimea's heritage and sense ofplace. The "Waimea Concept Plan"graphic identifies only a few of these important resources: the Waimea Field System to the west of the Ldldmilo Farm Lots, the Pukalani Complex, including the Breaking Pen, Carriage Barn, Pukalani Stables, Blacksmith Shop, and Puyu Hihale Corral near Waimea Town Center, the puyu mauka of the Town, and the Racetrack Complex near the Parker Ranch Headquarters. These identified sites are not meant to be "officially protected" sites but are identified as important examples of Waimea's history. There are many other important historical properties, including the Anna Ranch, the churches of"Church Row, " the old Lindsey house, and the Parker Ranch houses at Puopelu, to name a few. Overall, Waimea needs to establish an official "historic district, "at the state and/or federal level, to preserve and protect its cultural and historic heritage. A Waimea historic district could honor Hawaiian culture,paniolo traditions, agriculture, and natural resources. Access to grants and other funding sources is possible by establishing such a special historic district designation. Discussion: The subject property does not house any known cultural or historic sites. As mentioned previously the land was cleared several years ago for residential use and the two (2) single-family residences on the property are equipped to continue operating under the same conditions as they have for many years under the subdivision request. Therefore, there should be no change to scenic, cultural or natural resources in the area. It is highly unlikely any cultural or historical sites exist on the property as it has been developed and used for residential purposes for decades. However, in the event any undiscovered resources are found, the Department of Land and Natural Resources Historic Preservation Division will be contacted immediately for appropriate action. Waimea Policy 2. "Responsible Growth"shall be an overarching land use policy for Waimea. Adequate infrastructure, including roads, water supply, electrical power, drainage structures, schools, and parks, shall be provided by public and/or private entities before any large-scale new residential or commercial projects can be considered for approval by the County. 11 Strategy ZI The County should carefully evaluate and condition, as appropriate, any rezoning that would negatively impact important agricultural lands or culturally, visually and environmentally important open spaces or resources in Waimea. Time will be needed to implement a number of important open space preservation tools and programs, including acquisition of fee interest or conservation easements for important pu`u and some of the East Waimea farm and ranch lots. While these tools and programs are being put into place,private lands that are currently zoned A-Sa, A-10a, A-20a, or A-40a should retain their current zoning. Exceptions can be made for affordable housing, agricultural cluster subdivisions, and small-scale re-zonings of 4 lots or less that may assist families in allowing their children to obtain individual properties. Discussion: The proposed subdivision would not impact important agricultural lands. The parcel has a State Land Use designation of Urban, is unclassified by the Land Study Bureau and is not ideal for agricultural practices. Further, the property, which supports two (2) existing single-family residences, is not currently being used for any agricultural activity as the size and existing development of the lot would not be sufficient to support commercial agricultural use. Under the proposed action, CPRS 0001 and 0002 would be subdivided into two (2) independent TMK lots and continue to operate as they have for many decades. No development is being proposed by the project and thus it should have no negative impacts on culturally, visually and environmentally important open spaces or resources. The requested RS-15 designation is a more logical choice than the current A-1 a zoning based on the square footage of the property. Given that the parcel is only 33,738 square feet,RS-15 is the lowest density possible which would afford each dwelling its own TMK. Further, this is consistent with the LUPAG map and other rezoning requests which have been approved in the area in the past. Strategy 2.3 Revise the County Subdivision Regulations and Planning Department policies and enforcement procedures to ensure that agricultural subdivisions are created for agricultural purposes and are not used for rural residential purposes without rezoning -State Land Use statutes restrict residential structures on lots created after June 3, 1976, in the State "Agriculture"District to 'farm dwellings. "In practice however, the Hawai`i County Planning Department has approved many "agricultural subdivisions" that are actually rural residential developments. Discussion: The subject property was last subdivided in 1961, has a State Land Use designation of Urban and is only 33,738 square feet in size. Further, it has previously been developed into two (2) CPR lots, each containing a single-family residence. Thus, this property has very little agricultural potential and would more appropriately be zoned as Residential. 12 Strategy 2.4 Amend the County of Hawaii General Plan "LUPAG"map by reducing the acreage of"Low Density Urban"land in Waimea Town -- The current County General Plan LUPAG map for the Waimea area includes over 1,000 acres of"Low Density Urban"land in the Waimea area. This designation is defined in the General Plan (page 14-7) as: "Residential, with ancillary community and public uses, and neighborhood and convenience-type commercial uses, overall residential density may be up to six units per acre." Note that "six units per acre" translates to 5,000 square foot minimum lot size. The "Low Density Urban"areas on the LUPAG map include some existing development, but also include important cultural, historic, agricultural, and open space lands both mauka and makai of Mdmalahoa Highway. Also of concern are the several hundred acres of"Urban Expansion"land shown on the south side of Kawaihae Road just west of Waimea Center, and the several hundred acres of "Rural" land shown along the south side of Kawaihae Road, roughly between Waimea and Kawaihae. Further development of these areas would continue the "suburban sprawl"development pattern that is not compatible with the goal of preserving Waimea's "sense ofplace. " Discussion: The subject property is in an area designated as Low Density Urban on the LUPAG map and has already been developed with two single-family residences. It is not in an area indicated as important cultural, historic, agricultural, or open space lands. Thus, the existing Low Density Urban designation of the parcel is consistent with the SKCDP and the requested RS-15 zoning. Waimea Policy 3. "Environmental Stewardship"shall be an overarching land use policy for Waimea. Land use decisions shall be based on wise management practices for forests, watersheds, natural drainage ways and streams, native ecosystems, and important agricultural lands. Strategy 3.1 Protect Important Agricultural Lands— The Hawai`i County General Plan (February 2005) defines "Important Agricultural Lands" (IAL) as "those (lands) with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors." (See General Plan p. 14-8 for the full definition) The LUPAG maps for South Kohala show Important Agricultural Lands in a broad band about 1.2 miles wide north and south of the first 1+ mile of Kohala Mountain Road, in a broad area that includes most of the DHHL Pu`ukapu lands, and in the southeastern sector of the South Kohala District in the vicinity of the Saddle Road/Mdmalahoa Highway junction. (See LUPAG map for details) These lands should be used for extensive and intensive farming and ranching and should not be rezoned for urban or suburban-type land uses. Discussion: The subject property is not prime farmland nor is it designated Important Agricultural Land. The soil quality is not classified under the Land Study Bureau as the property's State Land Use designation is Urban. The LUPAG map designates the parcel Low Density Urban. Since no development or change 13 in land use is being proposed, the soil quality of the property and surrounding areas, including the pu`u to the north, should not change in any way. Waimea Policy 4. "Develop Affordable Housing for Waimea". County Government and the Waimea community shall work with major area landowners, including the State of Hawai'i, Parker Ranch and the Department of Hawaiian Home Lands, to plan and implement affordable housing projects for low and moderate income people of Waimea. Discussion: The subject site is not owned by a major area landowner and the proposed rezoning from A-1 a to RS-15 will not inhibit the development of affordable housing for Waimea. The current landowners do not have any short-term plans to offer either of the proposed lots for sale. The intent of the project is to create two TMK lots in order to free the property of it's of the current CPR restrictions. Waimea Policy 5. "Timely implementation of needed circulation and transportation improvements". The County Government shall coordinate and work with the community and with state and federal agencies toward the timely construction of priority circulation and transportation improvements, including pedestrian, bicycling, and public transportation improvements in order to alleviate severe traffic congestion that is impacting Waimea Town. Discussion: The proposed change of zone will not impede on any traffic improvements or increase traffic congestion that is impacting Waimea town. The proposed subdivision would merely subdivide a parcel with two (2) existing CPR lots, each with an existing single-family dwelling, into two (2) separate TMK lots. The resulting parcels would continue to operate as residential properties as they have for many years. No development is being proposed in conjunction with this project. As such, no change in traffic or roadways would occur. D. County Zoning The County Zoning of the subject property is Agriculture (A-M) (Figure 6). To the north of the subject property is zoned A-400a and is under the Pu`u Protection Plan as outlined in the South Kohala Development Plan. Properties to the immediate south, east and west are also zoned A-1 a. However, several properties located within less than 0.5 miles of the subject site have received approval for similar requests to change their zoning from A-1 a to Residential and are now zoned RS-15 or RS-20. These include: 1. Ordinance No. 2018-001 pertaining to TMK(3) 6-5-004: 049 approved a change of district classification from Agricultural (A-1 a)to Single Family Residential(RS-20) at Waimea Homesteads, South Kohala, Hawaii. 2. Ordinance No. 97-009 pertaining to TMK(3) 6-5-008: 032 approved a change of district from Agricultural (A-la) to Single Family Residential (RS-15) at Waimea, South Kohala, Hawaii. 3. Ordinance No. 85-001 pertaining to TMK(3) 6-5-002: 168 approved a change of district from Agricultural (A-la)to Single Family Residence (RS-15) at Waimea, South Kohala, Hawaii. 14 ZONING MAP • zonae Rd ' 'Sug C • •O inane �48-041 r ` l !f L -• _ I \ • • •• Rezo� ,r - �a `- ezoned el • • rdina e 8 19 . ■ r , \ �. Re Red U der • an 72-489 . • . ' Rez .Under Ordi cc 85- Ol .• + r Re ne n 'Re n ----- O ina + O Rance •�y . ,f • \ yr" • •i - -� • 4 10/26/2021,11:47:35 AM 1:5,800 0 0.04 0,09 9.18 mi Hawaii County Zoning A-400a _OPEN RS-20 0(road) A 40a RS-10 RS-7-5 0 0.07 0.15 0.3 km County oI HawaiiPUO Ir f]epsnmem,Sournes:Esn,times DS,uSGS,NCA, CV-7.5 RS-15 F-7 A-1aNASA,CGIAR,N Rabnon,NCFAS.NLS,OS,NMA,Gendatastymisen, Web Appauilder for ArcGIS Figure 6 The contenla of IHS map were prepared for inf+r•iatfonal a d planning purposes anis and may not na. been prepared for or to sellable for legal,engineering,or surveying purposes 4. Ordinance No. 81-683 pertaining to TMK(3) 6-5-002: 167 approved a change of district from Agricultural (A-la) to Single Family Residential (RS-20) at Waimea, South Kohala, Hawaii. 5. Ordinance No. 80-519 pertaining to TMK(3) 6-5-007: 036 approved a change of district from Agricultural (A-la) to Single Family Residence (RS-15) at Waimea Homesteads, South Kohala, Hawaii. 6. Ordinance No. 77-306 pertaining to TMK(3) 6-5-027: portion of 029 approved a change of district from Agricultural (A-la) to Single Family Residential (RS-15) at Waimea Homesteads, South Kohala, Hawaii. 7. Ordinance No. 72-489 pertaining to TMK(3) 6-5-007: 028 approved a change of district classification from Agricultural (A-la)to Single Family Residential (RS-15) at Waimea Homesteads, South Kohala, Hawaii. Since the change of zone ordinances listed above are very similar in nature to the proposed project, approval of this change of zone request would be logical and in keeping with the surrounding land use. If approved, the site would be subdivided in a manner generally meeting with both the Zoning and Subdivision Codes. Notwithstanding the subdivision requirements, all uses and standards consistent with the requested RS-15 zone would be adhered to. E. Relationship to SMA Obiectives and Policies The site is located approximately 10 miles from the coastline and outside the County Special Management Area(SMA). The entire island falls within the Coastal Zone Management(CZM) Area. Thus, a discussion of the request's relationship to the CZM Program follows. The site is not adjacent to the ocean. It sits approximately 10 miles from the shoreline at an elevation of approximately 2,900 feet above mean sea level. 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. It is very unlikely this action would have any impact on historic resources. The parcel has been developed for residential use for many decades and no further development is being proposed. However, in the event any archaeological undocumented features are found during any earth disturbance activity, work will stop within the affected area and appropriate clearances from the State DLNR-SHPD and County Planning Department will be secured before work resumes. If needed, an archaeological monitoring program can be instituted during any land clearing activity. No scenic and open space resources would be impacted by this request. No development or change in land use would occur under the proposed action to rezone the property from A-1 a to RS-15. Both of the existing single-family residences on the property would continue to operate under residential conditions as they have for many years. Therefore, no visual impacts would occur to any open space or scenic resources, including to the pu`u located just north of the property. 16 Relative to Coastal Ecosystems, impacts should be negligible, if at all, as the site is located approximately 10 miles from the ocean at approximately 2,900-feet of elevation. Notwithstanding the distance, because the proposed rezone does not include disturbance to the land or the construction of new dwellings and improvements, impacts should be negligible. The proposed action will result in subdividing the parcel into two (2) TMK lots free of CPR restrictions. The subdivision would continue to provide residential use and patronage of nearby businesses and public utilities. In so doing, the project would continue to provide a similar aid to the overall economic use of this site and the area in general. Because of its distance from the shoreline, the site should not be subject to coastal hazards. Relative to the managing development objective, this function is more applicable to the "authority" or approving agencies. However, it is noted that the request would operate within the scope of the Zoning Code. The subject site would be zoned RS- 15, and the subdivision parameters would be consistent with said zoning. In that regard, the project would be consistent with this policy. Finally, in terms of the public participation objective, this is generally a public agency function. This is achieved through the Marine and Coastal Zone Management Advisory Group (MACZMAG) and the public hearing process required pursuant to the Planning Commission's Rules and County Council's meetings on this application. Notices of this application will become available through the posting of a sign on the property, as well as sending two (2) notices to surrounding property owners, one at the time the application is filed and again,prior to the public hearing. Based on the foregoing, it is concluded that the requested improvements would be consistent with the objectives, policies, and guidelines of the Coastal Zone Management Policies, as outlined in Chapter 205A, HRS and Planning Commission Rule No. 9 relating to the Special Management Area. F. Other Permitting Requirements As noted earlier, other permits would be required. Other permits would be of the "ministerial"variety, such as Subdivision Approval, etc. As needed, these permits will be obtained in accordance with the County Code. V. ENVIRONMENTAL CONSIDERATIONS A. General Description The parcel is generally rectangular in shape with a slight extension in the southeast corner. The parcel is accessed via Lihipali Road. The elevation of the area ranges between approximately 2,870 to 2,910 feet above sea level. Mean annual precipitation is 40 to 80 inches and the average temperature ranges from 60 to 66 degrees Fahrenheit. 17 B. Soils and Topography The United States Department of Agriculture describes the property as palapalai hydrous silt loam with 12 to 20 percent slopes (2km2p). This soil is considered well drained with a medium runoff class. The soil on site is not considered prime farmland. According to the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system, the site is unclassified. The topography of the site slopes slightly in an east to west direction, with the lowest portion being at the southwest end. C. Natural Hazards 1. Drainage The Federal Emergency Management Agency(FEMA) Flood Insurance Rate map (FIRM) identifies the majority of the project area as Zone "X" (areas outside of the 500-year flood). There is a small area in the northwest corner of the parcel in flood Zone XS which indicates a 0.2% annual chance of flood (Figure 7). The applicants have not observed any significant runoff or erosion in the recent past on the subject site. As the property already contains two residences, no further development of the property is currently being proposed and so no impacts to drainage are anticipated. Additionally, there are large drainage structures located on the mauka side of Lihipali Road should there be any issues with off-site drainage flows in the future. 2. Volcanic and Earthquake Hazards According to the United States Geological Survey maps, the project site is located within the Kohala Lava Flow Hazard Zone 9, on a scale of ascending risks with 9 being the lowest and 1 being the highest. Therefore, the lava hazard risk posed to the subject property is among the lowest on the island. The Building Code designates the entire Island of Hawaii Earthquake Zone "D" and contains certain structural requirements to address the relative seismic hazard. 3. Tsunami Hazard As the site is located 10 miles from the coast and sits at approximately 2,900-foot elevation, it is located well outside of the Civil Defense's Tsunami Evacuation Zone. 18 - a _ d' I J` [r- BASEMAP: FIRM BASEMAP y: Flood Hazard Assessment ReportI Note:legend does not correspond with NFHQ www.hawaiinfip.org SPECIAL FLOOD HAZARD AREAS(SFHAs)SUBJECT TO INUNDATION BY THE 1%ANNUAL CHANCE FLOOD -The 1%annual chance flood(100- Trefa Firm Map year),also know as the base flood,is the flood that has a 1%chance of •r,_ �, ,.� being equaled or exceeded in any given year.SFHAs include Zone A,AE, .:: AH,AO,V,and VE.The Base Flood Elevation (BFE)is the water surface elevation of the 1%annual chance flood. Mandatary flood insurance Property Information Notes: purchase applies In these zones: COUNTY: HAWAII Ione A:No BFE determined. TMK NO: (3)6-5-007:045 Ione AE:BFE determined. WATERSHED: WAIKOLOA/WAIULAULA PARCEL ADDRESS: ADDRESS NOT DETERMINED _ Zone AH:Flood depths of 1 to 3 feet(usually areas of ponding); KAMUELA,HI 96743 BFE determined. Zone AO:Flood depths of 1 to 3 feet (usually sheet flow on Flood Hazard Information sIopingterraIn);average depths determined. FIRM INDEX DATE: SEPTEMBER 29,2017 Zone V:Coastal flood zone with velocity hazard(wave action); LETTER OF MAP CHANGE(S): NONE no BFE determined. FEMA FIRM PANEL: 1551660193F Zone VE:Coastal flood zone with velocity hazard iwave action); BFE determined. PANEL EFFECTIVE DATE: SEPTEMBER 29,2017 _ Zone AEF: Floodway areas in Zone AE. The floodway is the channel of stream plus any adjacent floodplain areas that must be kept free of encroachment so that the 1%annual chance flood can be carried without increasingthe SFE. NON-SPECIAL FLOOD HAZARD AREA-An area In a low-to-moderate risk TH15 PROPERTY 15 WITHIN A TSUNAMI EVACUTION ZONE; NO flood zone.No mandatory flood insurance purchase requirements apply, FOR MORE INFO.VISIT:http://www.scd.hawaii.gov/ but coverage is available in participating communities. THIS PROPERTY IS WITHIN A DAM EVACUATION ZONE: YES(HA-0040;HA-0122;HA-0136) Zone XS(X shaded):Areas of 01%annLia l chance flood;areas of FOR MORE INFO,VISIT:http://dinreng.hawaIi.gov/dam/ 1%annual chance flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 1%annual chance flood. Zone X:Areas determined to be outside the 0.2%annual chance a 100 200 ft floodplain. Disclaimer:The Hawaii Department of land and Natural Resources/OLNRJ assumes no responsibility arising from OTHER FLOOD AREAS the use,accuracy,completeness, and timeliness of any information contained in this report. ViewerslUsers are responsible for verifying the accuracy of the information and agree to indemnify the DLNR,its officers,and employ- ees from any liability which may arise from its use of its data or information. Ione D: Unstudied areas where flood hazards are undeter- mined, but flooding is possible. No mandatory flood insurance if this map has been identified as'PRELIMINARY,please note that it is being provided for informational purposes purchase apply,but coverage is avaiIahIe in partiriparing comm u- and is not to be used for flood Insurance rating.Contact your county floodplain manager for flood zone determina- nines. tions to be used for compliance with local floodplain management regulations. Figure 7 D. Flora/Fauna Although there were no professional surveys conducted of the floral or faunal resources of the site, the applicant does not believe that rare or endangered floral or faunal resources are likely to be found within the subject site given its history of residential use. Further, the suburban nature of the surrounding areas would make it less likely to find endangered animal life in this area. It would be possible to find the Island-wide ranging Hawaiian Hawk(`Io), Hawaiian Owl(Pueo), Hawaiian Goose (Nene), and the Hawaiian Hoary Bat on site, however this is not their main habitat and thus it is unlikely that the proposed request would impact endangered animal life. The vegetation at the proposed parcel is mainly decorative in nature and includes the following: Monterey Cypress (Cupressus macrocarpa), Ohia(Metrosideros polymorpha), Agave (Agave americana), Japanese Maple (Acer palmatum), Bromeliads (Bromeliaceae sp.), Bamboo (Bambuseae sp.) and other common landscaping ornamental plants. These plants are maintained and cultivated by the applicant and used for landscaping and privacy. In addition, introduced bird species (such as dove, Japanese white-eye, house finch, myna) are common in this area. Domestic animals such as cats and dogs, and other animals like rats, pigs and mongoose are also common. These are all common and not endangered. The land to the north of the property is zoned A-400a and is used for extensive agriculture and cattle grazing purposes. Since no development or change to the land use would occur under this proposed action, it is highly unlikely this request would cause any adverse impacts to flora or fauna. E. Historic/CulturaVArchaeolnical Resources Any adverse impacts to historic, cultural, and archaeological resources are highly unlikely since the property has been developed and used for residential purposes for decades. However, in the event any inadvertent discoveries are made during any land disturbance activity relating to this project, work will cease, and the applicant will immediately notify the Planning Department and the State DLNR and secure their clearances before proceeding further. F. Valued Cultural Resources In view of the recent 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. Specifically, there must be a discussion on the cultural, historical and natural resources, as well as the associated traditional and customary practices of this site. In this situation, the subject site is not adjacent and/or proximate to the shoreline. As such, gathering of marine life and coastal access is not an issue. 20 It is not known whether the subject or immediate surrounding area was used in the recent past for the gathering of plants by Native Hawaiians. The applicant has not observed any Native Hawaiians gathering plants on the site or the adjoining properties. Thus, it would appear unlikely that the site would serve such purpose today. In the event that legitimate gathering claims are made by Native Hawaiians, the applicant intends to respect and honor such claims and provide the legal and needed access within the site. Based on the above, it does not appear that the project would have any potential adverse impact relative to the cultural and historical resources of the area. G. Water and Coastal Resources The subject site is located approximately 10 miles from the coastline and sits at approximately 2,900-feet elevation. As such, coastal impacts resulting from discharge of wastewater systems from the site should be negligible. Further, being a non-coastal property, no coastal access will be affected. H. Noise,Air Ouality, and Dust The proposed rezone and subdivision should not generate any direct long-term noise or air quality impacts. The request is only to subdivide the property into two independent lots free from CPR restrictions.No further development of the land or construction is being proposed by this action as both CPRS have been developed and used for residential purposes for decades. Therefore, the noise, air quality and dust levels should be unaffected by the proposed action and those levels should remain at their current residential level. If improvements are made in the future, they will be consistent with all rules and regulations as outlined in appropriate building permits. I. Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there are sites or areas listed as scenic resources. Views of Kohala mountain from the area of the subject property and the Pu`u Protection Zone just north of the subject property are included in those sites. However, the subject request does not propose any further development of the property. The property already contains two single-family dwellings and thus the purpose of the proposed action is simply to subdivide the parcel into two TMK lots so that each dwelling may be sited on its own TMK. Therefore, no further development of the property is being proposed and there should be no impact to scenic resources or view planes. VI. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses Properties to the immediate east, south and west are zoned A-1 a and are used primarily for residential purposes. The north is zoned A-400a and is used for extensive agriculture. 21 As noted earlier, there are several parcels located to the east and south that have been rezoned to RS-15 and RS-20. Kawaihae Road is located less 0.4 miles to the south of the property. Waimea city center is located approximately 0.6 miles to the southeast. B. Economic Impacts The requested zoning would have some measure of limited economic impact, as it would divide the current parcel into two (2) separate TMK lots to be used for residential purposes rather than two CPR lots which are subject to CPR restrictions. The project will continue to aid the general economy and the overall economic use of the site and the surrounding area: gas stations, convenience stores, area businesses, etc. C. Agricultural Impacts The site has a LUPAG designation of Low-Density Urban, has not had any recent agricultural activities and has very little commercial agricultural potential. Although the property is zoned A-1 a, it has a State Land Use designation of Urban. Given the Urban designation, the Land Study Bureau has not classified the soil type. However, since the property already contains two single-family residences and is only 0.77 acres, it is not suitable for agricultural use. Thus, the proposed change of zone will have no impact to the agricultural potential of the property. VII. INFRASTRUCTURAL CONSIDERATIONS A. Road Access to the property is from Lihipali Road, approximately 230 feet from its intersection with Opelu Road. This is a County owned and maintained road with a 20-foot pavement width and a 10-foot right-of-way. It is in fair condition and labeled as a class A41 road which is defined as being a local, neighborhood, and rural road, city street, unseparated. A Traffic Impact Analysis has not been performed for the planned subdivision. Under the requested action, there will only be two (2) lots to accommodate the existing two (2) single-family residences on the property. Therefore, no change in traffic or existing roadways are expected. B. Water Each existing single-family residence is served by its own County water meter and will remain as such under the proposed action. No development or change in land use is being proposed at this time. C. Wastewater There is no County wastewater system in this area. The single-family residence located on CPR Unit 0001 is served by a private Individual Wastewater System meeting the approval of the Department of Health. The single-family residence located on CPR Unit 22 0002 is currently served by an existing cesspool. Wastewater levels are not expected to change under the proposed request as the residential land use will remain very much the same. D. Solid Waste Solid waste is currently handed through individual homeowners into authorized landfill sites or transfer stations. This will remain the same under the proposed action. Levels of solid waste will also remain the same under normal residential conditions. With the requested RS-15 zoning, the potential for uses with toxic or related chemical waste would be minimal, if at all. E. Other Government Services As this property is a part of the Waimea urban area, no extension of government services would be required. There is a Fire Station, Police Station, Public School, Library and a gas station all located within less than a mile of the subject site. In addition, there are recreation facilities in the general area as well. As such, the project should not result in the extension of any government services. Further, the required public facilities are located reasonably proximate to the subject site. F. Other Utilities All other utilities, such as telephone and electric power, are already available to the site to accommodate the existing two (2) single-family residences. No other additional utilities will be required at this time. However, if additional utilities are needed,proper permitting and approval will be sought out by the landowners. VIII. IMPACT SIGNIFICANCE ANALYSIS A. Relationship Between Local Short-Term Uses of Environment and Maintenance and Enhancement of Long-Term Productivity If the request were denied, the short-term use of the area of the proposed rezoning would remain the same. The use would continue to be residential and the landowners would continue to be subject to CPR restrictions. From a long-term productivity standpoint, the proposed project would free the landowners of CPR restrictions allowing them and future landowners fewer property encumbrances. 23 B. Irreversible and Irretrievable Commitment of Resources As the site has already been disturbed in the past and the subject request does not propose any further development of the property, it is not likely that approval of this request would result in an irreversible commitment of natural or archaeological resources. The parcel has a State Land Use designation of Urban and is unclassified by the Land Study Bureau. The potential for viable agricultural use of the property is limited by the size and existing development of the property. Although no archaeological survey was commissioned by the applicant, due to the nature of the request and no further plans to develop on the land, it is unlikely that any impact to these resources would occur. Under the proposed action, the property would continue to support two (2) single-family residences as they operate today. No development or change in land use would occur. Therefore, the request would not result in an irreversible commitment of natural, cultural or archaeological resources. However, in the event any undiscovered historic, cultural or archaeological resources are found, the Department of Land and Natural Resources, Historic Preservation Division would be contacted immediately for appropriate action. C. Mitigative Measures The subject request does not propose to make any improvements to the property. In the event improvements are necessary, however, they would be made in manner generally consistent with the subdivision process. If there is any construction activity, contractors will be obligated to comply with appropriate State noise and air quality standards. However, no additional construction activity is planned for the parcel at this time. 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. Finally, there will be no person or businesses to be dislocated by this project. D. Alternatives to the Proposed Proiect 1. No Proiect Under the status quo alternative, the parcel would under its current non- conforming A-1 a zoning, with two (2) single-family residences and supporting infrastructure. Despite the agricultural zoning, the use would continue to be residential and the landowners would continue to be subject to CPR restrictions. 24 2. Alternative Density Under this alternative, the applicant could seek a denser zoning, such as RS-10 zoning. However, there are practical difficulties relating to subdivision layout with the two (2) existing single-family dwellings that make this alternative less desirable and less feasible. 3. Evaluation of Alternatives The status quo alternative would not be prudent as the use of the property would likely continue to be solely residential despite its non-conforming agricultural zoning while continuing to keep the landowners locked into their current CPR restrictions. The alternative density alternative would also not be prudent as the placement of the existing dwellings would make it difficult to create a layout that would appropriately utilize RS-10 zoning. The proposed change of zone from A-1 a to RS-15 involves no further development of the land and would have no impact to the area's social and physical infrastructure. Further, the project would be consistent with the land use objectives sought to be accomplished by the County General Plan LUPAG map. In view of the aforementioned, it would appear that none of the alternatives would be more prudent and beneficial than the requested RS-15 alternative. IX. REGULATORY ANALYSIS A. General Plan LUPAG Map The General Plan provides for the long-range comprehensive development of the Island of 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-15 zoning without a General Plan amendment. B. General Plan Polices The requested zoning would be consistent with the goals,policies, and standards of the General Plan document. For one, it may provide economic opportunities. The rezoning of the parcel from A-1 a to RS-15 would ensure the property is taxed at the higher residential tax rate. In doing so, the resultant project could add revenues to the County and State coffers. Further, the residential use of the property will continue to aid the general economy and the overall economic use of the site and the surrounding area: gas stations, convenience stores, area businesses, etc. 25 The nature of the proposed request is conscious of energy resources as no improvements to the two (2) single-family residences or related infrastructure are planned at this time. Energy use will be consistent with existing levels as the property has operated in a residential manner for many years and intends to continue at the same rate. Maintaining and improving the quality of the environment is important to the success of this project. The General Plan identifies five (5) areas of environmental concerns - air pollution, water quality, soil pollution, solid waste disposal, and noise pollution. As proposed, the project would not violate any of those objectives. Aside from the very limited vehicular transmission, air pollution associated with the project should be negligible. All wastewater would continue to be handled by the existing Individual Wastewater System and cesspool which currently serve the dwellings on the property. This, combined with the distance of the property to the coast, should be sufficient to address any potential groundwater or coastal water impacts. If required, while not necessary for a project of this nature and size, a solid waste management plan could be prepared and implemented. The project will also be minimal in noise, except what may be associated with the existing general residential use. Any noise-generating facility, such as air conditioners, would be carefully placed to minimize their noise impacts to adjoining properties. The project site is largely outside the boundaries of a flood way. The two (2) single- family residences and supporting infrastructure have been in place for many years without drainage issues. 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 if determined to be necesary. There are no known archaeological resources on the site and previously undocumented sites are not anticipated to be encountered.Nonetheless, work will cease if unanticipated archaeological remains are discovered during the course of the project. Work will resume only after proper clearances from the State and/or County have been received. While there have been sightings of the Hawaiian Hawk (`Io) and Hawaiian short-eared 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. The proposed RS-I5 zoning will help fulfil the objectives of the housing element by creating two additional lots free from CPR restrictions and available for residential uses. The Plan also emphasizes that developments be mindful of an area's natural beauty. The subject parcel has been used residentially for many years and fits in with the surrounding natural terrain and beauty of the neighborhood and its surrounding parcels. As the project site is approximately 10 miles from the ocean and has an elevation of 2,900 feet, the usual coastal resources concern is not pronounced. There will be no interference with shoreline access. 26 There will be little to no impact to public facilities as no development or increase to the existing density is being proposed. Vehicular access to the site is via Lihipali Road, a County owned and maintained roadway and is accessible by emergency vehicles. In the past there has been some confusion over identification of the correct dwelling in the case of an emergency. The proposed subdivision will result in the creation of a new address for the additional lot which may help emergency vehicles identify the appropriate dwelling in the event of a future emergency. Schools and other public facilities are also located proximate to the site, most of them being less than 5 miles away. Finally, in terms of the Land Use, Housing and Economics elements, the pertinent goals, policies, and standards of the General Plan note the following: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. (Land Use Element) • Zone urban-types of uses in areas with ease of access to community services and employment centers with adequate public utilities and facilities. (Land Use Element) • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. (Land Use Element) • Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. (Land Use Element) • 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 Element) • To maximize choices of single-family residential lots and/or housing for residents of the County. (Land Use Element) • Designate and allocate single-family residential zoned lands at varying densities for future use in accordance with the needs of the communities and the stated goals, policies, and standards. (Land Use Element) • Areas shall have basic improvements and amenities necessary for immediate use. (Land Use Element) • Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. (Economic Element) 27 • Improve and maintain the quality and affordability of the existing housing inventory. (Housing Element) Discussion In view of the foregoing goals and policies, it is noted that the requested zoning would be generally compatible with the surrounding area. The request is in keeping with the parcel's State Land Use designation of Urban. Also, although the adjacent properties are zoned A-1 a, with the exception of the 420+ acre parcel to the north, the use of much of the surrounding area is residential in nature. Further, several properties located within less than 0.5 miles of the subject site have received approval for similar requests to change their zoning from A-1 a to Residential and are now zoned RS-I5 or RS-20. Thus, the requested RS-I5 zoning more adequately reflects the goals of the General Plan than the existing A-1 a zoning. Since the property has contained two existing fully permitted single-family residences for decades and proposes no further development, adequate facilities already exist to serve the project. The site is already serviced by adequate infrastructure including police and fire protective services and all other utilities are already in operation for the site. As such, this development should not require additional public services. The property has no severe topographic or geologic problems that would render the land unusable for the proposed subdivision and activity. The prospects of the site serving any significant agricultural purpose are very limited, as are the prospects for the site serving as habitat for rare or endangered plant or animal life. Likewise, surface and subsurface archaeological remains do not appear to be likely on this site. C. South Kohala Community Development Plan The South Kohala Community Development Plan (SKCDP) attempts to further define the General Plan and serves as atg ride for decision-makers. The subject property is located in a developed area as shown on the Waimea Town Conceptual Plan included in the SKCDP (Figure 5). This area is not identified for agricultural use and is thus more appropriate for residential use. Further, the proposed change of zone is conducive to the policies and strategies as outlined in the SKCDP. More detail on the proposed project's relationship to the SKCDP can be found in section IV. C. of this report. D. Zoning and Subdivision The designated zoning of the site is A-I a. Should the RS-I5 zoning be approved, the requirements of the zoning and subdivision codes would be complied with, including use and related development standards. These include the possible incorporation of appropriate restrictive covenants relating to density, use, and design restrictions. 28 E. Conformance to Urban District Standards The State Land Use Designation is Urban. The requested rezoning to RS-15 zoning would allow the properties to remain under this designation and would not be contrary to the State Land Use Standards. X. CONCLUSION Based on the consistency of the proposed change of zone request with the County's land use policies, approval of this request would be logical and reasonable. The requested use and density is consistent with the surrounding area and properties. The alternative of leaving the land in Agricultural zoning would not be a reasonable option and would limit its potential use while confining the landowners to CPR restrictions. While other zonings of a residential nature could be achieved, the requested RS-15 zoning is the most sensible. 29 Com.. ;• ` .�',;- .. •�r ,� �( RECORDATION REQUESTED BY: VU" g �5`7r -►�;.:�� Pr. �.�� w "Wr2328J579 f x t gyp;' AFTER RECORDATION RETORH TO: -7MVHN BY: MAIL, I! PICKUP `"� i i ' r .a ti rECLARATION OF CONDOMIHION PROPERTY REGIKE � OP •'i� KAYL'ELA HEIGHTS and } 5r• 1 EAHI9IT 'A' - ThB Las1d • fiJ 'i i• .4,- y;. ,ir (ROBERT J. LOMBAR[1I} •ti;.. 1000 Pauahl Tower ,• 1001 Bi3RDp Street •::r HDOCIC11J. Hawaii 96813 ' Telephq ; 531-0031 ti.• i' Exhibit A 1�;r:ti-— 'r r i✓G A 2203 580 D%LARATIOH OF COND014INIU14 PROPERTY REGIME OF KAMUELA REIGHTS NHEREAS, ROBERT .TAMES LOMBARDI and OORINNE SOPHIE LOMBARDI, husband and wife, whose residence and past office address is 1844 St. Louis Drive, Honolulu, Hawaii 45816, HANG CHRISWF EDMUND ZIl41EWUH, whose address is also 1844 St. Louis Drive, Honolulu, Hawaii 46816, ar.d ARIANE FRANC, whose residence and post office address is 588 Silverado Drive, Lafayette, California 94544, hereinafter collectively called 'Owner', own in fee simple all of that certain parcel of land more particularly described in Exhibit "A" attached hereto and made a part hereof; and WHEREAS, the Owner intends to improve said land, in accordance with plans incorporated herein by reference, and filed in the Bureau of Conveyances of the Stare of Hawaii as Condomtnium flap No. L,Qr$inaEter c21190 I=aid Condominium Map"; NOW, THEREPORB, in order to create a condominium project consisting of said land and improvements (herein called the "Project") and to he known as KANUELA HEIGHTS, owner does hereby subiait said land described Exhibit W and improvements thereon to the Condomin'um operty Regime established by the Condominium Propert Act, hapter 514A, Hawaii Revised Statutes, as amended (h "the Act'), and in furtherance thereof, Owner make th ter stated declarations as to divisions, itati r strictions, covenants and conditions and here and agrees that said property is held End shall be bel ed, mortgaged, encumbered, leased, rented, used ied and r proved subject to said decla[ations, restric ns and conditions set forth herein which declarations, re vi ions nd conditions shall constitute covenants ning wi a is and shall he binding on and be for the�enefit ties hereto, their _ reapective successors and sign 11 subsequent owners and lessees of all or rt o the Project and their respective successors\ngLrs rs nal rep[esentatives and assi9ns: 1. A rt ntre a e hereby established two (1) Freehold estates { d ''apa[tments') consisting of two (x) separate dwel signated A and H. located within and situated u two ,calm specific delineated land areas designat A' and "Lot 8" on said Condominium Map. Each apartme c is of all improvements comprising the dwelling uni bin ch of said land areas, and said apartment fu Con is of all other improvements within each of s 1 at do not service any other apartment. (l.l) Dwelling Unit A has two C2) stories and i E (12) reams and has a net interlor living area i 2` 123 58.E f of approximately 2,895 square Leet, excluding two (2) lanais Bend a carport. The Dwelling Unit A has ona (1) covered and one (1) uncovered lanai totalling approximately 585 square feet and an Atached carport of approximately 529 square feet. The Dwelling has a metal roof and is principally constructed of concrete block, wood, interior drywall partitions, glass, aluminum and appropriate trim. There is no basement. (1.2) Dwelling unit B has two (2) stories and contains ten (10) rooms containing a net interior living area of approximately 1,544 square feet, excluding one (1) coyGrad Lanai and garage. Dwelling unit B has one (1) covered lanai containing approximately 140 square feet and an sEtached garage of approximately 269 square feet. The Dwelling has a metal roof and is principally constructed of wood, interior drywall partitions, glass, aluminum and appropriate trin. There is no haseaeot. (1.3) Each Of Such NO (2) land areas are designated and identified as Lot A or Lot B on said Condominium Map and are herein (and in the sylaws) sometimes referred to as " a "Condominium Lot" or a "Condo Lot." EaCh apartment owner shall at his own expense properly maintain his apartment: and i condo lot. 2. Common Elements. One freehold estate is hereby R'r, designated in all of the remaining portions and appurtenances of the Project, herein called the "common elements", including + Z specifically, but not united tax 1 -k, (2.1) The land descr4desiqm5te it "71" in fee r f„ simple and all appurtenant rights; 3. Limite C mm n enparts of the '• common elements, herein called an imited common elements", are hereby set aside afto reserved for the exclusive use of certain apartments and such apartments shall have appurtenant thereto exclusive MrA s for, the use of such ; limited common elements. T ted common elements so set aside and reserved are as fo ow i (3.1) The sep to laud area designated "Lot A" , as shown on said Cando ium ap is a limited common element ( `, appurtenant to ApactWeA (3.2) he Sep and area designated "Lot. B" as shown an said C iniurn is a limited common element appurtenant to Ap� t eo 9. (3,3) A11 other common glemeats of the Project Which are rationally—gaftted to less than all of said apartments lielited to the use of such apartments, $: n the event Association inCUTS Costs and eapens ith pact to limited coormn elements, all limited ements costs and erpensos, including but n.t limi aintenance, repair, replacement, additions and irmprovoments, shall bo charged to the owner of the apart ent to which the limited cowuon elements are appu nt 11Ff -2- I i 1 � 22123 532 4, Other Easements. In addition to the exclusive easements established irt the limited common elements, the apartments shall also have and be subject to the following easemc-nts and license: [4.1] Each apartment shall have appurtenant thereto nonexclusive easements in the common elements designed for such purpose for ingress to, egress from, utility services for and support of such apartment; in the other common elements for use according to their respective purposes, subject always to the exclusive or limited use of the limited common elements as herein provided, and in all o£ the common elements for support. (4.2) If any part of the Common elements now or hereafter encroaches upon any apartment or limited common elements, a valid easement (or Such encroachment and the maintenance thereof, to long as it continues, shall and does exist, In the event any buildings of the Project shall he partially or totally destroyed and than rebuilt, minor encroachments of any parts of the col"On elements due to construction shall be permitted, and valid easements for such enctoachfnents and the maintenance thereof shall exist. (4.3) All limited common elements shall he ' subject to an aaserent in eavor of the owners of all other apartments foe access to any common element:- located within or adjoining such limited common element. 5. Common interest. Each of a apartments ban appurtenant thereto an undivided Fifty (50lNf t interest in all the common elements of the prdj , snterest being defined and referred to herein as the rest' and the game share in all common praeits a e the Project and for all other purposes, includ'I Voting. ? 6. Alteration and Tra a liteLest, The common Interest and easements aLppurteqhMMlLp each apartment shall have a permanent character, shall altered without the prior 1 written consent of all ouners of spar nts affected thereby, as expressed in a amendment to this eclaration duly filed ! which amendment shat contain the con thereto by all holders f. of mortgages in the ProjaCt as s e Association's record of ownership, shall not cepa from such apartment and Shall be deemed to be con leased or encumbered with such apartment even though not a mentioned or described in the conveyance or ether lost t. The limited common and common elements shall remain and ided, and no right shall exist to partition or idepart thereof except as provided by the Act. 7. pun ores an tractions. The purposes for which the apactm a other improvements are intended and shall be restrict ag use re as fal[ows: {7.1] he apartments may be occupied and used tar 3 se under then existing zoning laws, otdi ce5 1. regula ions, 1W -3- 1 i 22M 583 (7.2) The owner of each apartment upon acquiring title thereto automatically shall become a member of the As$aciation of apartment owners, herein called the "Association", and shall remain a member thereof until such time as his ownership of such apartment ceases for any reason, at which time his iaembershifl in the Association automatically shall cease.; provided, however, that if and to the extent a lease of any apartment filed with the Board of Directors CE the Association so provides, the lessee of Such apartment shall be doomed to be the owner thereof. 8. Administration, Administration of the Project shall be vQsted in the Association, consisting of all apartment owners of the Project in accordance with the By-Lawa of the Association (the "9ylaw5') to be reccrded contemporaneously herewith. Operation of the Project and maintenance, repair, tepiseement and restoration of the common elements, and any additions and alterations thereto, shall be in accordance with the provisions of said Condominium Property Act, this Declaration and the Sy-Laws, and specifically but without limitation the Association Shall: (8.1) Subject to the obligation of apartment owners to maintain the limited common element$. make, build, maintain and repair all fences, sewers, drains, roads, curbs, sidewalks and parking areas which may be required by law to be made, built, maintained and repaired upon or adjoining or in connection with or Eor the use of the project or any part thereof, (9.2) Subject to the oblige. n of apartment owners to maintain the limited common a Bents keep all common elements of the Project in a stric a and sanitary condition, and observe and perform al ances, rules and regulations now ar hereafter de an oveIMen tal authority for the time being appy a e Project or the use thereof. (9.3) Subject o ligation of apartment owners to maintain the limb ed o elemants, well and substantially repair mointai esery amend and keep all common elements of Is Projec 'th a necessary reparations and amendments whatsoever goo d condition except as otherwise provided herein main n and keep said land and all adjacent land betw reet boundary of the Project and the established urb o et lint in a neat and attractive condition 11 tree shrubs and grass thereon in good cultivation a rep rat the ame as may be necessary, and repair and make g all facts in the common elements of the Project herein r e repaired by the Associatian, of which notice aha 1 be any owner or his agent, Within thirty (30) d er the giving of such notice. { (B ) t make or suffer any strip or waste of any Unlawful roper r offeuslve use of the Prcj4ct. ' of permit an apartment Owner to do any Work Could leopardixe the soundness or aafety of the e uce the value theroof, or impalr any easement or itame W -d- f 22123 534 ` {8.6) Not commit any act or neglect whereby the Project or any part thereof at any time baromes subiect to any attachment, judgment, lien, eharga or encumbrance whatever. (B.7) Have the right, to be exercised by its Board of Directors or its designee, to enter any apartments and limited coIImlon elements from time to time during reasonable hours ag may be necessary for the operation of the project or for making repairs therein required to prevent damage to any apartment or common elements or for the installation, repair, maintenance or replacement of any common elements. (5,8) observe any setbacks lines affecting the Project and shall not erect, place, or maintain any building or structure whatsoever between any street boundary of the project and any setback line along guch boundary except approved fences or walls. 9. Common Expenses. (9.1) All charges, costs, and expenses incurred by the Associatinu for or in connection with the administration of the project, preluding, without prejudice to the generality s of the foregoing, operation o£ the Project and maintenance, repair, rebuilding, and castoration of the common elements and any additions and alterations thereto; the maintenance, repair, all labor, servtaes, materials, utility services and equipment therefor; all liability whatever for loss or damage arising out of or in connection with the common eleme s, cr say accident, fire, or any nuisance thereon; and all emiums far Eire and extended Coverage and liability insurdnC qui red herein with respect to the Project and other in cane coverage that the Board may obtain; and the cost 11 ility services, including water, electricity ajw ;4the isposal and any other similar Service unlea tared; shall constitute common expenses far artment owners shall be severally liable in prepor respective common interesta. Real property tial assessments retorted to in Section 519Waii Rev sed Statutes, as amended, shall not be c or, rp ses of the Condominium Property Regime hereby crea d d no yments thereof shall be payments of such emon expe e (9.g) e 6 ociation incurs costs and i- expeases with respect iced commWn elements, all limited common elements Co s a s , including but not limited to, maintenance repair, placement, additions and improvements, shall kchacged o the owner of the apartment to which the limit6iorC0440""t"Xibution. emen s are appurtenant. rtment owner slay exempt himself from "'ab."' toward the common expenses and the L' mown element expenses by waiver of the use or e7miflentfat y the common elements or by abandonment of his spar A11 sums chargeable as common expenses an mited elae.ent expenses to any apartment but unpaid to r with interest, late charges, attorney's fees and costs s stitote a lien on such apartment prior to all other ; 0311W -5- 22123 58a liens, except or.ly (1) liena for taxes and assessments lawfully imposed by governmental authority against such apartment. and (2) liens for suns vnpaid on mortgages of record. Such lien may be foreclosed by suit by the Association or the Managing Agent on its behalf, in like manner as a mortgage of teal property, provided that thirty (30) days' prior written notice of intention to foreclose shall be mailed by registered mail to mortgagees of record and all other persons having any interest In such apartment as shown by the Association's records. The Managing Agent or the Board of Directors, acting on behalf of the Association shall he entitled to bid on such apartment at foreclosure sale and to acquire, hold, lease, mortgage, and Convey such apartment. Suit to remover a money judgment for unpaid common expenses shall be maintainable without foreclosing or waiving the lien securing such expenses. (9.5) When the mortgagee of a mortgage of record or other puechmser 4f any apartment acquires title to such apartment as a result of foreclosure of the mortgage, they and their reapectLve heirs, successors, legal representatives and assigns shall not be liable for the share of the comnon expenses or assessment* chargeable to such apartment which became due prior to such acquisition of title. Such unpaid share shall be deemed common expenses collectable from all apartment owners, including such mortgagee or much other Purchaser and their respective heirs, successors, legal representatives, and assigns. 1C. Compliance With aeclarat' and BY-Laws. A11 apartment owners, their tenants, famili s servants and guests, employees of owners and tenants and ray er persons who may in any manner use the Project, she he rad by and comply strictly with the provisions of t On. the By-Laws of the Association, and all agre decisions and deteraninations of the Associati s 1 ully made or amended from time to time, and failure ith any of the same shall be grounds for an actio ret s due, for damages or injunctive relief, ar b aintainable by the Board or Managing Agent on behalf t A ocfation or, in a proper case, by any aggrieved apai a owne i 11. Cc Lance wi ccs Codes_- Rules and Regulations, Any istin ctures being converted to condominium statu ereby in compliance with and no variance has been rated om any ordinance, code, rule, regulation or r r !repent in force on the date of said structures c and no variance hats been granted from any current r code, rule, regulation, or ether requirement 12 aurND ae - Casualty, Liability and Okher. (12. The Board, in the name of the Association and a a erase, shall purchase and at all times keep all "ldings improvements of this Project, including the c lements and, whethQi or not part of tho common A 1 xterior and interior walls, floors and ceilings, acro with the as-built condown niuia plans and LIN -6- I l 2 123 556 sgeCifications, insured against loss or damago by file and such otber hazards with extended coverage (inclvdinq flood Insurance under tho provisions of the federal Flood Disaster Protection Act of 1973, if the property' is located in an identified flood hazard area as designated by the federal Departmanf of Housing and Urban Development) in an insurance company authorized to do business in Hawaii in an amount sufficient to provide for the full repair or full replaaament thereof without deduction for. depreciation in the event of such loss of apartments and appurtenant common interests, in the name of the Association and payable in case of loss to such bank or trust company, authorized to do business in Hawaii as the Board shall designate for the custody and disposition as herein provided of all proceeds oP such insurance, without prejudice to the right of each apartment owner to insure his apartment for his own benefit• in every case where an apartment suffers such loss or damage, except as Otherwise provided herein, the decision t4 repair or rebuild shall rest with the apartment owner. If the owner decides to rebuild, the owner of the apartment shall be required to make up any deficiency in trio insurance proceeds, and it the destruction is of a coTwon element the Assoclafian at its common expense shall make up any deficiency in the insurance proceeds. 'Every such policy of insurance shall, if available at reasonable rates: (1) Provide that the liability of the insurer thereunder shall not be affected by, and that the insurer shall not claim any right of setoff, counterclaim, apportionment, proration, or contribution by reason of any other insurance obtained by or for any apartment owner; (2) Contain no provision relieving the insurer from liability for loss occurring while he hazard to such buildings is increased, whether or not thin the knowledge or control of the Board, or because any breach of warranty or condition or any other act neglect by the Board or any apartment owner ay' the persons under either of them; (3) provide that po cy may not be cancelled except by the incur least sixty (6a1) days' prior written notice here the Board, any mortgagee, and every other n in in erest who shall have requested such notice in urer; ! ` (q) C in a w r by insurer of any right of subrogation any ri aE Hoard or apartment owners against any of em a r persons under then: (5) Cant i er by the inBuror of any light to deny liability ause ancy of any apartment or apartments; (6) ontai a standard mortgage clause which shall: (a) pr that any reference to a mart n such policy shall mean and include all hol rs rtgages of any apartment or apartment d3llW -7- `"2123 587 L lease of the Project, in their respective order and preference, whether or not named therein; (b) provide that such inallrance as to the interest of any mortgagee shall not be invalidated by any act or neglect of the Board, or apartment owners. or any persons under any of their and (c) waive any provision invalidating such mortgagee clause by reason of the failure of any Mottgagee to notify the insurer of any hazardous use or vacancy, any requirement that the mortgagee pay any premium thereon, any contribution clause. (12.2) In the event the Act should hereafter be amended to provide that the A3SaCiati9n is not required to provide the insurance coverage set forth in paragtaph (12.1) immediately above and the Act requires or permits the individual apartment ownere to obtaln On their individual dwalling units tho insurance coverage required thereon by the provisions of paragraph (12,1) immediately abovs, then and notwithstanding any of the provisions of this Declaration or the By-Laws, the Board of directors pay require that the individual apartment owners obtain and pay all premiums for Said insurance coverage on their individual apartments. (12.3) The Hoard, an behalf of the Association At it$ COMMOn expense, shall also effect and maintain at all times rGmprahanaive general liability insuante Covering all apartment owners with respect to the Projej in a responsible irsucatca company authorized todo bosi in Hawaii with minimum limits of not less than S310,BB .06 z 10 illy to one or more persons in any one accid or ccurrence and $50,009.00 for property damage, witho to the right + of any apartment owners to main ain liability insurance for their respective aper to. 18 obligation may b4 met if similar insurance cover luded within the insurance policies of each of t a Ape owners and the Association is named as an a 1 insure udder each of said policies, I (12.4)� The 8o on be f of the Association At its comrw n expena@, ma obta surauce coverage that It deems necessary or des le, 13. Cond mna th ev$nt of a taking in condemnation or by feet of part or all of tha project, the prooeads any a rd of compensation shall be payable to a Gond natio trustee (the 'Condemation Trustela") which shall he a or ust company designated by the Board and doing burin event all or any of the project is taken and there i no ins.k iudicial determination of the amount of candemnatio pr eeda losable to each apartment so taken, the amount of t ondemn an proGflIa aliecable to each apartment (includ t t'5 appurtenant interest in the common e12me and ated common oleoents) shall be determined i by a estate appraiser ('appraiser') who shall be a member t icon Institute of Aeal Estate appraisers, or any 4D _g 22123 598 successor organization and who shall have acted on behalf of the apartment ownet8 in the condemnation proceedings; or, if no such appraiser shall have acted on behalf of the apartment ownar9 or if more than aria appraiser 5h�ill have dCted on �Ehalf of the apartment owners, then an appraiser with such qualifications shall be selected by the Board to determine the amount of condemnation proceeds allocable to each apartment. if the rntir$ Project is taken, the condemnation Trustee shall pay to each apartment owner and mortgagee, as their interests mar appear, the portion of the condemnation proceeds determined in the above manner. In the event of a partial taking of the Project in which (i) any apartment and appurtenant load area is taken, or in which (ii) a portion thereof is taken and the remaining portion cannot be repaired or rebuilt in a manner satisfactory to the owner of the apartment and to the 6card, then such apartment shall be removed from the Project and, in either event, the Condemnation Trustee shall disburse to the owner and any mortgagee of such apartment, as their interests may appear, the portion of the proceeds of such award allocable to such apartment after deducting the proportionate share of such apartment in the cost of debris removal, and the apartment owners shall amend this declaration to reflect the removal of said apartment(s) and the appropriate adjustment in the ownership of the common elements. In the event ❑E any partial t ing of any of the common elements of the Project, the Hoards l arrange for any necessary repair and restoration of the imp ements remaining after the taking in accordance with the design thereof mn immediately prior to such condeati r, f repair and restoration in accordance with such d permissible under applicable laws and regula 'ons en force, in accordance with such modified plan 11 a approved by the Board, and the mortgagee of reco partment in the Project remaining after such tak' If t ma held by the Condemnation Trustee are insul to pay the cost For such repair and restoration, the B rd all ay such excess as a common expense, and i if ne xY a 11 bring a special assessment against thelpartmen hers. ff the sums ive a result of a partial condemnation exceed the of any amounts payable to the owner and any mortgage of a apartment And the amount of costs for debris r m al and repair and restoration of the remaining buildi ys a impro menta, such excess shall be divided among the rtmea owners including the ownera of any eliminated apa rdance with their interest in the common elements or to rrRoWndemnation. 14. ma and Destruction to Common Elements. case any tiro or times any common elements of the Fr t amaged or destroyed, such improvements shall b uil fired or restored umless both apartment owners 1 vote against rebuilding, repairing or otherwise to Q common elements as aforesairI, which vote shall nn eting of the Association hold prior to -7- 22123 599 commencement of the rebuilding, repair or other reinstatement. of the inprovemeots and within 70 days after Such loss or j damage and all holders of iiens affecting any of tho apartments shall conaent thereto in writing, then and In such event the provisions of Section 519?,-21, Hawaii Revised Statutes, shall apply and the ASSOziation, within a reasonable time thereafter, at its common expense, shall remove all remains of improvements so damaged or destroyed and restore Ebe siEe Ehereaf to good orderly condition and grade. Any such restoration of the common elements shall be completed diligently by the Association at its common expense. 15. Alteration of project. Except as otherwise provided in this paragraph, restoration or replacement of the Project or of any building, or construction of any additional building or structural alteration or addition to any structure, any of which is different iA any material respect from said Condominium Map, shall be undertaken by the Association only Pursuant to an amcOmcnt of this oeeloration, and in accordance with eonplete plans and specifications therefor first approved in writing by the Board and also by the mortgagees of record as shown in the Association's record of ownership, and promptly upon completion of such restoration, replacement or construction, the Association shall duly file of record such amendment together with a complete set of floor plans of the Project as so altered, Certified as built by a registered architect or proEassional engineer. Notwithstanding any other provision herein contained, restorations or rebuilding of improvements Within an apartment eraIte tions or additigp$ within or to an apartment or within a iced common element appurtenant to and for the exclusive use of Lich apartment, may he done without the written approvala the pard of Directors and may be done without an amendment s laration or the filing of a net of floor plans of the o altered. 16. Maintenance Reserve T Hoard of Directors shall establish end maintain a M serve Fund by the monthly assessment against tote on 11 the apartment gooneys in proportion to theitiva common interests, of such annual amount as the 8 Ines to be adequate to provide for the an u nsurance, maintenance, repair, resteration�nd topl the common elements and other expenses of admi 'stthe Project, and the Eixtures, and mechanical creof, and for such other purposes as the Board a cessary, all of which shall he deemed conclusively t bs a expense of the project, The Board may include serves gr contingencies in such assessment, and such ses$mo may from ti— to time be incrca&cd or dec sed the discretion of the Board. The aslount of the c es allocated, used or to be used for capital improve nt5, other capital expenditure. shall not be deems a to the Association but shall be credited upon the b s f the Association to the paid-in-surplus account as a ital ontribution by the apartment owner. The proportion& teres of each apartment owner in said Fund shall n h 'th or assigned separately but shall be deemed a red with such apartment even though not mentlo or described expressly in the instrunent of ns If the Condominium Property Regime established y is in ted, said Fund remaining after full payment of tg -1U- 22123 590 all Coamn expenzas of the Association shall be distributed to all apartment owners, except Ear the owner; of apartments reconstituted as a new Condominium Property Regime, in proportion to their respective common interest. i7. Amendment of neelarat•ion. Except as otherwise provided herein o= in said Condominium Property Act, this Declaration may be amended only by aEfirmative vote or written consent of all of the apartment owners and shall be effective only upon the recording of an instrument setting forth suoh amendment and vote duly executed by such owners or by any two officers of the Association, provided, however, that any material amendment to this Declaration shall require the prior writtgn approval eE each mortgagee of an apartmant; provided further, however, that the owner expressly reserves the right to successively amend this Declaration without the consent or joinder of persons then owning or leasing the apartments by filing amendment(s) to this Declaration pursuant to the provisions of Section 16 of this necleration of Condominium Property Regime and further pursuant to the provisions of Section 51411-12, Hawaii Revised Statutes, after completion of ` the buildings described herein, by attaching to such amendment(&) the proper verified statement of a registered architect or professional engineer certifying that the final plans theretofore filed or being filed simultaneously with such amendment fully and accurately depict the layout, location, apartment numbers and dimensions of the dwelling units as built. 18. Definitions. The terms 'maja ty" or "majority of apartment owners" herein mean the owne of apartments to which are appurtenant more than fifty per t (5{I*i of the common interests, aid any specified pence tag* the apartment owners means the owners of apartments ich a appurtenant such percentage of the common interest. 19. Service of Procexs. h* Der is hereby authorized to receive service of s in all cases provided in said Condominium opert until the Association of Apartment Owner een formed and thereafter the President of toe ASSOCiat n aut Axed t0 accept SUCK service of legal prIs. 20. ovahe 3 of any provision of this u0claration shots not ame mpair or affect In any manner the validity, enf ity or effect of the remainder of this Declaration, Aid in vent, all of the other provisions of this Be ation a continue in full force and effect as if such provtsi had ne r been included herein. -11- 22123 591 TN WITNESS MfUEOF, the Owner has executed these presents Itis day of H11 s ' OSERT 3 S IAi7HARaI cORtHNS SO x La AROI ii >�. NS lk MUND Z RMANH y + ARIANE FRANC ' I S LOMARCIReBERE Hr At ui i �: rJ v4 �.. 1'.: 4 Lw —Lx- ,t yv R; •:r �:r�" � 1 22123 592 STATE Or HAWAII } } S8. ` CITY AHD COUNTY OF HONOLULU } 9n this day of 1El t , 19 , u before me personally appeared RoBSRT JAMES LOMBARDI and CORINNE 5OPHZE LOMMRQI, to me known to he the persons described in and who executed the forogoing insttument, and acknowledged that t they executed the same as their free ct and deed. c� r Notary Li E;tate of Hawratl My commission expires: L y STATE OF HAWAI I } + �1 } SS. w , CITY AND COUNTY 4F HONOLULU } I . On this day of ________Wj-N� 19 before me personally appeared HAMS CKRIKOF EDMUND ZIMHE!?HW1, i s to me known to Lm the person described in and who executed the �.' foregoing instrument, and acknowle ad that he eaeeuted the same as ilia free act and deed. x tic State of Hawaii sW .r 7 i8 'on eW fen: ;s •�.. •'6 IT :3 i till ' .ry Y 'r f 'J, f+ .aY .1�•moi:_ .'.. ZM3 593 ' z STATE OF HAWAII ] y SS. F CITY AND (bLTN f OF HONOLULU ] on this day of � 1"I - 19 betare �,'• me appeared ROBBRS JAMES I.Oli8AR0I, tv me personally known, who, i beiag by me duly sworn, did say that he is the Attorney-in-Fact of ARiANE FRANC, duly appointed under Pourer of AttorOey dattd December 8, .1986 recorded in the Bureau of Conveyances of ; i the Stars of Hawaii in Book 21§06 , Page 407 , that the foregoing instrument was emecuked in the name and behaif of ! i said ARTAHE FRANC by said ROBIMT' JAMES WMaAROYr as her Attorney-in-Fact; and Said ROBUT JAMES LOMBARDI acknowledged �E j said instrument to be the free act ad deed of said ARIANE t' FRANC, •i Notary P ic, State of Hawaii y• My commission expires: r -a >i ' � t r♦rri`v L r. ,TF '.x123 594 S =HIBIT A All of that certain parcel of land (being a portion of Grant 12786 to R. r. and G. G. Williams, a portion of Grant 11555 to C. LittleJohn, and it portion of Grant 11565 to A. Waterhouse) being Lot "B", Block 12 of the tract of land known as the •WAIMPA HOMESTEADS", situate at Waimea Homesteads, '• South Aphala, IslarRd, County and State of Hawaii, and more I Particularly described as follows: i Beginning at a pipe at the Horth corner of this Lot ; and on the Southerly Side of Lihipali Road, the coordinates of ! said point of beginning referred to Government survey Triangulation "WEST BASE" being 610.23 feet North and 4115.75 feet west, and running by azimuths measuted clockwise from true South: i 1. 3394 32' 45" 240.69 feet along the remainder of v �r Grant 12788 to R. T. and G. G. r „��• Williams to a pipe at the Northeast corner of Grant 11565 i�` to C. UttleJohn; ' 2. 90° 22' 38" 171.35 feet along the remainder of ~ - Grant 11565 to C. Littladohn and also the remainder of Grant 11556 to A. Waterhouse to a pipe; i, 3. 1570 59' 175,33 feet AaLonhoremainder to A Grant aterhouse and also tof Grant L2788 to R. Williams to a pipe; F° 4. 247• 165,00 fee{ alongSoutherly side of ? Li ali Roto the point of ng and containing an area 1 ,738 square feet. Rai ng all tlCI pr [t described in the following: DEED Dated, ry 27, 1986 Book: 6 Page: 2 Grantor; JEANBTTE LYNN KAPPELI, unmarried. Grantee HANS CHRISTOF E13MOND ZIMMERMANN, unmarried, an undivided ane-fourth (1/4) Interest as TENANT IN SEVERALTY; ARIANE FRANC, unmarried, an undivided q one-fourth (114) interest as TENAN-P IN SEVERALTY; ROBERT J, LONBARDI and CORINNE S. � b LOMBAROi, husband and wife. an undivided one-half (1r2) y intezest as TENANTS BY THE ENTIRETY, together a5 TENANTS IN .f COMMON. .s i 2 !Y r' � ,fi`7k�;S��?i�-'i'S •e':ems..+-»' .. �r 22123 subject, however, to the tollowing: �. . 1. All the terms, prbvisions, covenants. , h,: encumbrances, restrictions, ❑ncroachmenta, reservations, .i easements, Conditions, agteementa, 0411g1tions and other provisions set forth in Said Declaration and in the Bylaws for the yrr&ct recorded in the Bureau of Convoyancaa of the State of llaWaii in Lilser �• Paige and also set forth in the above mentioned Corid""n"nk atop to which reference k F is hereby IDade. F u; •• Z, With to all minerals and metallic Baines reserved td the State of Hawaii. Y II 3, a\a Agreement to Boundary Wall dated January 15, 1 19$8, recorded in th© Bureau of Conveyances Of the state of i Hawaii in Liber 2150, Paqe 334. I ' 1, •�Zw Y• �� . �yTTy3 '3 • S 7. S • i A #rim •Zi.1• � T DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII H I LO, HAWAII DATE: January 12, 2022 TO: Zendo Kern Planning Director FROM: Department of Public Works, Engineering Division SUBJECT: CHANGE OF ZONE APPLICATION (PL-REZ-2021- 000013) Request: A-1 a to RS-15 Applicant: Dale Herbert Trefz TMK: 6-5-007:045-0001 & 0002 We have reviewed the subject application forwarded by your memo dated January 5, 2022, and offer the following comments for your consideration: 1. All earthwork activities including grading, grubbing, and stockpiling shall conform to Chapter 10, Erosion and Sedimentary Control, of the Hawaii County Code. 2. All driveway connections and construction within the Lihipali Road Right-of-Way shall conform to Chapter 22, County Streets, of the Hawaii County Code. 3. Access to Lihipali Road, including the provision of adequate sight distances, shall meet with the approval of the Department of Public Works. 4. All development-generated runoff shall be disposed of on site and not directed toward any adjacent properties. A drainage plan may be required by the Plan Approval process in accordance with Section 25-2-72(3) of the Hawaii County Code. 5. The subject parcel is in an area designated as Zone X and X Shaded on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). o Zone X is an area determined to be outside the 500-year floodplain. o Zone X (shaded) is an area of moderate flood hazard corresponding to areas of the 500-yearfloodplain, areas of 100-year flooding where average depths are less than one foot, areas of 100-year flooding where the contributing drainage area is less than one square mile, and areas protected from the 100-year flood by levees. Questions may be referred to Bryce Harada at 961-8042. Planning Depi. Exhibit County of Hawaii is an Equal Opportunity Provider and Employer rtr,os Nay. Mitchell D. Roth ` �_ ��;� Ramzi I. Mansour Mayor Director Lee E. Lord +r• •° O �M* Brenda D. Inkepa-Moses iµT Managing Director Deputy Director County of Hawaii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanao'a Street,Suite 41. Hilo, Hawaii 96720 Ph:(808)961-8083 • Fax:(808)961-8086 Email: cohdem@hawaiicounty.gov MEMORANDUM TO: Zendo Kern, Director Planning Department FROM: Ramzi I_ Mansour, Direc Department of Environmental Management DATE: January 12, 2022 SUBJECT: Change of Zone Application(PL-REZ-2021-000013) Request: Agricultural-1 Acre (A-1a)to Single-Family Residential-15,000 Square Feet (RS-15) Applicant: Dale Herbert Trefz Tax Map Key: (3) 6-5-007:045-0001 & 0002 The Solid Waste Division has reviewed the subject application and offers the following comments and/or recommendations (contact the Solid Waste Division for details): (X) No comments. ( ) Commercial operations, State and Federal agencies, religious entities and non-profit organization may not use transfer stations for disposal. { ) Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. ( } Ample and equal room should be provided for rubbish and recycling. ( } Green waste may be transported to the green waste sites located at the West Hawaii Organics Facility and East Hawaii Organics Facility, or other suitable diversion programs. { ) Construction and demolition waste is prohibited at all County Transfer Stations. ( ) Submit Solid Waste Management Plan in accordance with attached guidelines- ( } Existing Solid Waste Management Plan is to be followed_ Provide update to the department on current status. ( ) Other: Planning Dei; County of Hawaii is an Equal Opportunity Provider and Employer Exhibit 4 Ramzi 1. Mansour, Director January 12, 2022 Page 2 The Wastewater Division has reviewed the subject application and offers the following comments and/or recommendations (contact the Wastewater Division for details): No comments. ( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii County Code. ( } Require Council Resolution to approve sewer extension in accordance with Section 21- 26.1 of the Hawaii County Code. Complete Sewer Extension Application. ( } Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawaii County Code. { ) Check or line out as applicable: [ ] If required by the Director of the Department of Environmental Management ("Director of DEM"), [ j applicant shall conduct a sewer study in accordance with the applicable wastewater system design standards prior to approval to connect to the County sewer system. Applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require, which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division.Chief for details. ( } Proposed activity may be subject to existing or future federal, state, or county regulation under Title 40 CFR 403.5, prohibiting discharge of certain pollutants into publicly owned treatment works. Contact the Hawaii Department of Health for information regarding pretreatment standards. (X) Applicant shall follow Department of Health regulations_ ( ) Other: RM:pi5 2 QF KAT$R gG •i. DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII n �C r 345 KEKUANAD`A STREET, SUITE 20 HILO, HAWAII 96720 TELEPHONE (808)961-8054 • FAX (808)961-8657 January 20, 2022 COH PLANNING DEPT JAN 212022 PH2:03 TO: Mr. Tendo Kern, Director RECD HAND DELIVERED Planning Department FROM: Keith K. Okamoto, Manager-Chief Engineer SUBJECT: Change of Zone Application (PL-REZ 2421-000013) Request - Agricultural-1 Acre (A-la) to Single-Family Residential 15,000 Square Feet(RS-15) Applicant - Dale Herbert Trefz Tax Map Key 6-5-007:045-0001 and 0002 We have reviewed the subject application and have the following comments and conditions. Please be informed that there are two (2)existing meters (Account Nos. 800-08570 and 800-08580) fronting the existing parcel. The Department requests that the applicant designate, in writing, which lot within the proposed subdivision wi I1 be assigned the existing service,prior to recommending final subdivision approval. Should the existing meter or service lateral not front the parcel that it will serve, the existing meter or service lateral would need to be relocated to comply with the Department's Rules and Regulations. The Department requests that the plat map be revised to show the existing meter locations with the meter numbers. Should there be any questions, please contact Mr. Troy Samura of our Water Resources and Planning Branch at 951-8470, extension 255. Sincerely yours, �u"* Keith K. Okamoto, P.E. Manager-Chief Engineer TS:dfg copy - Mr. Dale 1-ierbertTrefz Planning Dept. . . . Nater, Our Most Precious q�gsvurce. . . Wfl Wal A Kane . . , Exhibit 5 The Department of Water Supply is an Equal opportunity provider and empioyer. HAWAII FIRE DEPARTMENT . COUNTY OF HAWAII . HILO, HAWAII 46720 DATE January 6,2022 Memorandum TO Planning Department,County of Hawaii FROM Fire Inspector Edward Kawasaki, Fire Prevention Bureau, County of Hawaii SUBJECT : Applicant Dale Herbert Trefz TMK: (3) 6-5-007:045-0001 & 0002 Change of Zone from A-la to RS-15 The Hawaii Fire Department has no issues with the change of zone as long as the new residential lots meet all state and county requirements. Fire Department access and water supply shall comply with chapter 19 of the Hawaii State Fire Code and Chapter 26 of the Hawaii County Code. Edward Kati asa i Fire Inspector I Fire Prevention Bureau Planning Dept. Exhibit 6 DAVID Y.IGEa-' ELIZABETH A.CHAR, M.D. •(E..........�!q GOVERNOR OF HAWAII r.� -k' DIRECTOR OF HEALTH ,�,.•„\959 0°.,9 �•1 M1s. STATE OF HAWAII DEPARTMENT OF HEALTH P.O.BOX 916 HILO,HAWAII 96721-0916 MEMORANDUM DATE: January 10, 2022 TO: Mr. Zendo Kern Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief SUBJECT: Change of Zone Application (PL-REZ-2021-000013) Request: Agricultural-1 Acre to Single-Family Residential— 15,000 Square Feet (RS-15) Applicant: Dale Herbert Trefz TMK: 6-5-007:045-0001 & 0002 Wastewater Branch does not concur with the subdivision. Existing information indicates the existing IWS(s)may not meet the provisions of Hawaii Administrative Rule Chapter 11-62 regarding the setbacks from the (proposed new)property line. The applicant would need to meet the requirements of our Department of Health Air Pollution Rules, Chapter 60.1, Title 11, State of Hawaii for fugitive dust control. If there is need to discuss these requirements,please contact our Clean Air Branch staff at Ph. 933-0401. 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. Planning Dep. Exhibit___7 Victor Jensen PO Box 1741 Kamuela, HI 96743 January 28,2022 East Hawaii County Planning Dept. 101 Pauahi St. Suite 3 Hilo, HI 96720 West Hawaii County Planning Dept. 74-5044 Ane Keohokalole Hwy. Kailua-Kana, HI 96740 RE:Notice of Application for a Change of Zone Request-Agricultural-i Acre (A-1a) to Single-Family Residential-15,000 Square Feet (RS-15) PL-REZ-2021-000013 Applicant: Dale H. Trefz TMK: (3) 6-5-007045-0001 &0002 Dear Planning Staff, Thank you for the notice to me as owner of a property adjacent to an applicant wishing to change zoning for their parcel. I ask that the County refuse to approve this Change of Zoning Request. If approved; it would result in greater building density, reduced Fire Department access and would create an increased flooding hazard for the existing hillside neighborhood. The subject property is located on Lihipali Road which is a narrow residential roadway which dead ends into a gated property making vehicle turn around impossible without backing down neighboring,steep private driveways. Road width is substandard due to five existing dry wells (spaced along the hill facing roadside) which each have a 2 foot elevated concrete surround of 8 foot by 8 foot,and topped by a metal grate. This arrangement of multiple dry wells severely limits parking for hiker's,visitor's, commercial, fire,ambulance and rescue vehicles.The property owners have difficulty leaving their personal driveways when vehicles are parked on the uphill pasture side of Lihipali Road. There is no County street lighting which can make night driving especially confusing and dangerous. Planning Dept. Exhibit 8 This is clearly a historic agriculture residential area which has been subject to increased traffic due to current housing density and vacation rental usage by the Applicant.This short term rental operation appears to be double unit bed and breakfast utilizing the personal residence of applicant. My concerns are amplified by my personal observations of past flooding on this hillside over the past forty-four years. Lihipali Road has a documented history of severe Flooding events. Sadly,the problem has not been adequately solved by the County construction of the aforementioned dry wells which quickly fill to capacity with moderate-rainfall,let alone what would occur in the increasing likelihood of a super storm event. Lihipali Road fills with the sheet flow coming down over the State Pasture and Forested Water Reserve above our hillside residential neighborhood. The water spills over the road at several points with the lowest point coming from the road directly in front of the subject residential property being considered for subdivision. Below the applicants property there exists evidence of deep erosion of the eastern portion of the downhill neighboring parcel (TMK 6-5-7-38) caused by previous Flood damage passing through applicant's parcel. A site visit by the Planning Department would be very helpful in assessing these flooding and traffic concerns. An additional parcel created with its resulting greater density,vehicle traffic and further channelixing of the periodic flood runoff would jeoFordize the neighborhood. Past remediation efforts by the County have not adequately resolved the flooding problem. Has the County inspected the dry wells for reduction of depth from silt? Have the drywall's and roadside been inspected and maintained when necessary? Please consider these issues of hazardous road grading,lack of fire access,and historical flooding when considering the Change Of Zone Request under your review. Mahalo for Your Attention, l� Victor Jensen Mail.Jensens@gmaii.com Lyn Lam, M.D. & Terry Lam DOH PLANNING DEPT 65-1302 ❑pelo Rd FEB 22 2022 PM2:33 KAM U E LA, HI 96743 RE0'D BY NAIL West Hawaii County Planning Dept 74-5044 Ane Keohakalole Hwy Kailua Kona, HI 96740 RE: PL REZ-2021-000013 Dale H. Trefz TMK: (3) 6-5-007:045-0001 & 0002 Date: February 17, 2022 To whom it may concern: Our property is immediately adjacent to the Dale Trefz's property that is currently requesting rezoning as described in the application above. Living at this property since 1996; we would like to express our support of this application and confirm that we have no current issues with the properties listed and expect no future issues whatsoever with the rezoning of these (2) properties. We would be happy to discuss any concerns if requested. Mahalo, - tyn Lam, M.D. &Terry Lam Planning Dept. Exhibit 9 LAND � "�";•�„ 194 Wiwoole St. Hilo, HI 96720 PLANNING LANVIG (808) 333-3393 HAWAII LLC no@anpanninghawaii.com February 17, 2022 Mr. Jeffrey Darrow, Deputy Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Darrow: Subject: Response to Public Testimony for Change of Zone Application (PL-REZ- 2021-000013)Applicant: Dale Trefz Waimea, South Kohala, Hawaii, TMK: (3) 6-5-007: 045-0001 & 0002 The subject application requests to change the zoning of the parcel from A-la to RS-15. We received the attached public testimony dated January 28, 2022 in response to the Change of Zone application. Thank you for allowing us the opportunity to provide a response to that testimony. It appears that the main concerns voiced by the testifier relate to an increase in density, emergency access and increased flooding hazard. It is important to note that despite the requested change in zoning, no change in density is being proposed. The subject parcel, in its current state, is nonconforming in size as it contains only 0.7745 acres. It has also already been divided into two condominium property regime lots consisting of 18,237 square feet and 15,501 square feet respectively and each containing a single-family dwelling. The request is to rezone the parcel to RS-15 so that it can be subdivided into two lots - each containing one of the existing single-family dwellings and consisting of their respective CPR square footage. Therefore, the requested change in zone will not result in a higher density but will simply serve to convert the existing CPR lots into TMK lots of the same size without any planned improvements. Thus, this action will result in the creation of lots of a conforming size in a zone that is more appropriate to their use without any increase in density. With regard to emergency access, since the proposed action does not seek to create any new improvements or increase the existing density or reliance on any public service or utility, there should be no impact to the existing emergency access. One of the main reasons the applicant has chosen to move forward with this request is to avoid address confusion resulting from the current"A" and "B" address designations of the existing CPR lots. If the proposed change of zone and subsequent subdivision are approved, each house will be issued their own TMK number and address which the applicant believes will help clarify the location of each dwelling, making them easier to find in cases of emergency. With regard to the flood concerns raised by the testifier, while these concerns may be valid, the proposed change of zone and subsequent subdivision do not propose any improvements Planning Depi. Exhibit. 10 LAND � "�";•�„ 194 Wiwoole St. Hilo, HI 96720 PLANNING LANVIG (808) 333-3393 HAWAII LLC no@anpanninghawaii.com and will have no effect on the current flood plains. Thus, the applicant should not be held responsible for the flood issues referenced by the testifier. The proposed action will have no effect on the flood concerns raised by the testifier regardless of whether the application is approved or denied. The testifier also mentions that the applicant has hosted a bed and breakfast on the property. This is not true. However, the applicant who resides with his wife in one of the houses on the property, does offer the hosted short-term rental of one of the permitted bedrooms in his dwelling. Hosted short-term rentals are not regulated by the County and the applicant does pay all applicable General Excise and Transient Accommodations Taxes on income from these rentals. Thus, this is a permissible use of the property. Finally, it appears that the testifier, Mr. Victor Jensen, is the owner of TMKs (3) 6-5-007: 036 & 076. It is noted that Parcel 076 was created via a subdivision action following Ordinance No. 85-3 which changed the zoning classification of the property from A-la to RS-20. This and other such subdivisions are noted in the background and environmental report submitted with the subject application to establish proof that this request is in keeping with the surrounding area and to demonstrate precedent for approval of such actions. We trust that this letter sufficiently addresses the concerns raised by the subject testimony. If not, or if there are questions relating to this matter, please feel free to direct them to me. Thank you very much. Sincerely, JOHN PIPAN Project Administrator Land Planning Hawaii LLC Enclosure Copy —Dale Trefz LAND"* ;y 194 Wiwoole St. Hilo, HI 96720 PLANNING t'& (808) 333-3393 info@landplanninghawaii.com HAWAII LLC February 23, 2022 Mr. Jeffrey Darrow, Deputy Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Darrow: Subject: Attn: Christian Kay Response to Department of Health Comments Change of Zone Application (PL-REZ-2021-000013) Applicant: Dale Herbert Trefz Waimea Homesteads, South Kohala, Hawaii TMK: (3) 6-5-007: 045-0001 & 0002 Our office submitted the subject Change of Zone application on behalf of the landowners to rezone the subject property from A-Ia to RS-15 in order to subdivide the property into two (2)lots free from CPR restrictions. I would like to address comments received from the Department of Health pertaining to the Individual Wastewater System (IWS) on proposed Lot B-1. In a letter dated January 10, 2022, the Department of Health stated that"existing information indicates that the existing IWS(s) may not meet the provisions of Hawaii Administrative Rule Chapter 11-62 regarding the setbacks from the (proposed new)property line." According to Hawaii Administrative Rules, Chapter 11-62, Appendix D, Table II, the minimum horizontal distance from the property line to the IWS tank and absorption bed must be 5 feet. The location of the subject IWS system does meet these setback requirements as the IWS tank and leach field are greater than 5 ft from the proposed property line. The attached rezone exhibit indicates the location of the septic manholes and septic clean outs (Figure 1). The location of these items is consistent with the approved as- built drawing of the IWS system (Figure 2). An overlay of the as-built septic plans and the rezone exhibit map (Figure 3)indicates that the absorption bed is approximately 7 feet from the property line and the IWS tank is approximately 8 feet from the property line. I trust that this addresses the concern raised by the Department of Health. If there are any questions related to this matter, please direct them to me. Thank you very much. Sincerely, JOHN PIPAN Land Planning Hawaii LLC Planning Dept. T VICINITY AIAP ------------ W, I f A /// A ------------ ------- L01 8 33,738 30.FT /a-to ZONING 10 16-15 Z01-) 7-J REZONING EXHIBIT PROPOSED A-1a TO RS-15 ZONING ........ MAP SHOWING LOT B Being Portions of Gront 12,788 to R.T. and G.G. Williams ............. Grant 11,556 to A. Waterhouse and Grant 11,565 to C. Littlejohn 1 2111 At Woimeo, South Koholo 1, Island and County of Howoii, Stote of Howoii 11 2.1 _E ,E� ........ F FIGURE I TA �:6 5 OCZD15(31D—N) RE—RY CHANCEII Department of Health -Wastewater Branch Individual Wastewater System (IWS) - Construction Inspection Report Inspector's Name: Peter J.K. Dahlberg, PE Date of Inspection: August tb 2020 TMK: (3)-6-5-007 ! 045 : 0001 IWS File No. 64577 . Project Name: ROY 1 LEUNG Address: 65-1310 Lihipali Rd. Subdivision: Kamuela Heights A Area: South Kohala IWS Contractor: Shawn A. Barras License No. C - 34698 Telephone#: (808) 430 - 2323 License Type A C-9 C-37 C-37a C-43— Technical -43TechnicaI Information: Grease Interceptor(If applicable): Make 1 Model: NA Size: NA Septic Tank 1 Aerobic Unit(circle one): Make 1 Model:INFILTRATOR IM1530 Size: 1540 GAL For Aerobic Unit a copy of executed service contract must be included Disposal System: (Check One) Trenches 1 Bed (circle one): J # of Trenches Be,�, Length: Width: t Gravel & Lining verified: Yes No (circle one) Soil Replacement: Yes Ocircle one) NA Seepage Pit: Diameter: NA Depth: NA Pit Lining Type: NA If not lined,attach justification House Construction: Complete1 Partial 1 Staked (circle one) Setback Distance (shortest) be ween lvviand the Followings are measured in feet and recorded on as-built. At least three (3) distinct points referenced. s Buildings: T Property Line: 4.0 r Stream: 1+ Ocean at vegetation line: - Wells: (If Applicable) ITEM VERIFIED: YES ! NO / NA Manhole ! Inspection Ports to Grade YES ' Three (3) Feet of Suitable Soil Below Trench 1 Bed . . . . . . . . . . . . NA Soil Profile Observation at a Minimum Depth of Five (5) Feet YES If you answer no to the question above,please attach a site evaluation 1 percolation test form showing the soil profile observation at a minimum depth of five(5)feet. FIGURE 2 Abandoning Existing Cesspool: (Check One) For Large Capacity Cesspool (Less than 1000 gpd) NA (please submit "LCC Backfilling Completion Report" Form) For Regular Cesspool, Filled, Abandoned, or Render it Safe: YES For Conversion to a Seepage Pumped & Cleaned: NA List of Changes Made to Approved IWS Flans: o*4j-,O -S L i2 ]' 1S { : !--tA7 6" J - - '` -z' n 2, ` - X7.4. > 4 Zu dk Ic As the engineer performing the above final IWS inspection, check one of the following statement: The IWS has been installed in strict accordance with the plans that were submitted and approved of by the Department of Health. Noted deficiencies and 1 or changes to the approved plans have been addressed by the homeowner, contractor, and myself and the final as-built IWS is acceptable to me. The final construction of the IWS cannot be completed for the following reasons: i I a _z4_ The construction of the IWS is not in accordance with the approved plans and I do not accept the changes made to the plans designed by me. PPOFESSIORIAL I i i ►�-MaGt� �� Ste'. -�U� Signature, Stamp Date j Enclosures: As Built Plans, Stamped and Signed by Engineer, Photographs of Treatment Unit, Disposal System, Overview of IWS I 2008 IWS Construction inspection Report.doc EC1 as of 10/09/2008 i I I � 1 4(0'± X15`_2'' �� �' I , 50 t INFILTRATOR IM1530 1500 GAL. (E)4 BDR ` 28' SEPTIC TANK AND SFD 20 INFILTRATOR H2O CHAMBERS (198812006} $'± W110 END CAPS ' B 1 < ' ( ) 1964 (TYP) SFD ( ) C, N EXISTING CESSPOOL (TO REMAIN FOR UNIT"B") UNIT"B" ' UNIT"A" , asc• i _7370W . LiCENSED AS-BUILT DRAWiNG .1 SCALE: 1"=40' r3o 17-J 1,7- NORTHNOTE: PROPERTY LINE AND BUILDING LOCATIONS SHOWN HAVE BEEN PROVIDED BY MOST ACCURATE INFORMATION AVAILABLE WHICH WAS NOT VERIFIED BY LAND SURVEY. PETER J.R. DAHLBERG,P.E. AS-BUILT DRAWING PDAHLBERG HAWAII.RR.COM ROY 1 LEUNG (808)895-6173 (3) - 6 - 5 - 007 : 046 : 0001 P = DEPARTMENT OF HEALTH.-WASTEWATER BRANCH: .INDIVIDUAL WASITWA`t'ERSYSTEM(IWSr) CONTRACTOR CERTIFICATION FORM Shaibal Roy & Yin Leung Subject; Individual Wastewater:System#vr: -- - - - -- Tax Map.ley(TMi Nu nber. .3 ) 6 5 .. 0[17 045 Address ifapplicable-.. 65-1310 Lihipali Road Kamuela, Hl 96743 11-Q-08(& All wastewat( systems.:shal[ be constrMted or modified by a.pason Meeting.the requirements of;eaptf°44;.)-1 S,and any pertinent rates adorAed by the apartment of Commerce and Consumer Affairs, State of,HaNvaii. I, Shaibal Roy & Yin Leung ,the owner f'th `aubje system,haveread to above (please p int name) anal understand that nay waswwater system must be constructed or expanded by a licemsed con"ctor meeting;the above tequitements.. License type,. Circle one only,No Others) A, C-9,. C-37, C-37a; C��3 The follm in, L"on has constnic:ted or expanded m wastewater stem: i P p X �' Marne of Contractor I Company(print): Shawn A. Barron Contractor 1s St'Paturc; _ _- -- - - - - - late: Licewse.Number: G-34698 Hotneo vner's.Narne'(print): Shaibal Roy &Yin Leung Horneowcxer's Signature- Date. 30 July 2020 �.�.. ys 0 s ILII y. .ast� F•.YV,. 3 M1�• f�r.�• �' �4� : mss'.. •..,��f �9 ems• ,,-S�� 4�. k� 3 3 •u �k:. IIx .�N s• r ':: Ilk, a ': o VICINITY AIAP - »— 41 _ z h / u � J ole Q�2v r o 33,7 S-F7 < O 40 p � is 2z0\ 1 JAI- W R., zap R ZONIX PROPOSED A-1 !t' 15 ONIi�J MAP SHOWING i LOT B Being Portions of Grant 12,788 to R.T. ondA, G. W lioms Grant 11,556 to A. Waterhouse and Grant 1 to Littlejohn At Woimeo, South Kohola Island and County of Howoii, Stote of Howoii „°ter .-°� ... a 11 2.1 FIGURE 3 o�E «y °j(TECHNI Il