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HomeMy WebLinkAboutPD Background Report (PL-REZ-2022-000030) B WungREZ.mp.11-22-2022 COUNTY OF HAWAI`I PLANNING DEPARTMENT BACKGROUND REPORT MATTHEW C. WUNG AND ERIC J. WUNG CHANGE OF ZONE APPLICATION NO. PL-REZ-2022-000030 MATTHEW C. WUNG AND ERIC J. WUNG have submitted an application for a Change of Zone from an Agricultural-3 acre (A-3a) zoning district to a Single Family Residential-15,000 square feet(RS-15) zoning district for 3.1285 acres of land. The subject property is located at 862 West Kawailani Street, approximately 0.19 miles west of its intersection with Komohana Street, Waiakea, South Hilo, Hawaii, TMK: (3) 2-4-003:035. PROPOSED ACTION 1. Applicants' Request: The applicants are requesting a Change of Zone from an Agricultural-3 acre (A-3a) zoning district to a Single Family Residential-15,000 square feet(RS-15) zoning district for 3.1285 acres of land. The RS-15 zoning district, with a minimum lot size of 15,000 square feet would allow a maximum density of nine 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 land uses in the RS district, including a list of the variety of permitted land uses, are shown in Section 25-5-1 to 8 of the Zoning Code. (Planning Department Exhibit 1 -Zoning Code Requirements for Single-Family Residential Districts) 2. Objectives of the Request: The Change of Zone request will allow the applicants to pursue a subsequent subdivision of the property into five lots ranging in size from 20,080 square feet to 45,363 square feet. According to the applicants, one lot will be designated to each of the two owners and the remaining three lots will be owned by the applicants as part of their plan of distribution. 3. Construction Timetable and Cost: The applicants anticipate the Change of Zone process to take approximately six months and that the subsequent subdivision process will take another 6 months. The applicants expect costs of both processes to include consultant and attorney's fees and costs, filing and application fees, surveyor's expenses, installation of water infrastructure, and other incidentals. 4. Landowners: Matthew C. Wung and Eric J. Wung 5. Supporting Information: The applicants have submitted the attached in support of the request in support of their request. (Planning Department Exhibit 2 - Change of Zone Application dated April 1, 2022) STATE & COUNTY PLANS 6. State Land Use District: Urban. 7. General Plan Land Use Pattern Allocation Guide (LUPAG) MAP: Low Density Urban. 8. County Zoning: Family Agricultural-3 acre (FA-3a). 9. Hilo Community Development Plan (HCDP): The Hilo CDP was adopted by the Planning Commission, Resolution No. 1 on May 21, 1975. The Land Use Concept Map of the HCDP reflects RS-10 and RS-15 zoning for this area. 10. Special Management Area (SMA): The Special Management Area is a part of the Coastal Zone Management Program and regulated by the County. The property is not located within the Special Management Area and is situated approximately 2.8 miles from the nearest coastline. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 11. Subject Property: The subject property is approximately 3.1285 acres in size, mostly rectangular in shape with a narrowed rectangular segment on the southern portion of property. The property was initially part of a 40-acre lot but has since been subdivided three times, with the latest subdivision (No. 6017)resulting in the current subject parcel. The existing permitted one-bedroom residential dwelling was completed in 1973 and remains occupied. The property also contains a permitted open carport which was built in 1991. There are also two other garages and a frame utility shed on the property. The garages were built in 1955 and 1992. The utility shed was built in 1992. The property has been held by four generations of the applicants' family since the 1900s. 12. Surrounding Zoning/Land Uses: The adjacent properties to the north, northwest, and south are zoned Agricultural 3-acre (A-3a) and each contain dwellings. West of the subject property is an undeveloped 6-acre parcel zoned Single-Family Residential -2- 10,000-square feet(RS-10). To the east there is a Department of Water Supply water tank facility and a residential subdivision zoned Single-Family Residential 15,000-square feet (RS-15). 13. Flood Insurance Rate Map (FIRM): The Department of Public Works confirmed that the subject property is situated within Zone X on the Flood Insurance Rate Map (FIRM) by FEMA, an area determined to be outside the 500-year flood plain. 14. USDA Soil Survey: Soils in this project area are classified as 98.5%Papai and 1.5% Panaewa. Both soils have an urban land complex with 2 to 10 percent slopes. Papai soil consists of organic material over a`a lava flows. The soil is considered well drained with a low runoff class. Panaewa soil consists of basic volcanic ash over pahoehoe lava flows. The soil is considered moderately well drained with a high runoff class. Both soil types on site are not considered prime farmland. 15. Land Study Bureau's Detailed Land Classification System: Soil within the property does not have a productivity rating due to the subject property being located with a designated"built area" of the Land Study Bureau. "Built areas" are not assigned productivity ratings from the Land Study Bureau. 16. Agricultural Lands of Importance to the State of Hawaii(ALISH): Classified as "0", or"Unclassified" or"Other Agricultural Land". 17. Flora/Fauna Resources: No known professional surveys have been conducted, however, according to the applicants, the flora/fauna resources on the subject property primarily consist of doves, cardinals, mynahs, hilo grass, guinea grass, and some invasive flora, such as fiddle wood. The Department of Land and Natural Resources—Forestry and Wildlife Division (DOFAW),provided recommendations to mitigate potential impacts on endangered or threatened species that may occur in the project area, specifically the `Ope`ape`a (Hawaiian Hoary Bat), `Io (Hawaiian Hawk), Hawaiian stilt (Himantopus mexicanus knudseni), Hawaiian coot(Fulica alai), Hawaiian Duck(Anas wyvilliana), and Hawaiian Goose (Branta sandvicensis), in addition to minimizing the spread of invasive species. 18. Archaeological/Cultural/Historical Resources: No known Archaeological Inventory Survey has been completed for the subject property. The applicants state they are not -3- aware of any traditional and customary Native Hawaiian rights that are exercised in the area. The State Historic Preservation Division (SHPD)provided no objections to the requested change of zone application but does request the opportunity to review any future permit applications that may involve ground disturbance for lots created within the current parcel. 19. Public Access: There is no known public access to the shoreline or mountain areas that runs through the property. PUBLIC UTILITIES AND SERVICES 20. Vehicular Access: The subject property is currently accessed via West Kawailani Street, a county-owned and maintained paved roadway within a 40-foot-wide right-of-way fronting the property. The City of Hilo Zone Map proposes a 60-foot-wide future road right-of-way for Kawailani Street in this area, therefore, a 10-foot-wide future road widening strip along the frontage of the subject property will be required. The applicants are proposing access to four of the five proposed lots to be by way of South Kumuwaina Place, also a county-owned and maintained paved roadway, with the fifth lot maintaining current access by way of West Kawailani Street. The Department of Public Works (DPW)notes that all driveway connections and construction within the Kawailani Street and South Kumuwaina Place right-of-way shall conform to Hawaii County Code and access shall meet DPW approval. 21. Traffic: Given the small scale and scope of the project, a TIAR was not performed. According to the applicants, the proposed change of zone and 5-lot subdivision is expected to generate much less than the 50 peak-hour trip benchmark in the concurrency section of the zoning code. 22. Water: According to the Department of Water Supply (DWS), water service can be made available from an existing 6-inch waterline along Kumuwaina Place and an existing 8-inch waterline along Kawailani Street. DWS requests remittance of a water commitment deposit in order to guarantee water availability for the proposed subdivision, and the applicants will be required to construct necessary water system improvements. 23. Wastewater: The applicants note that there is no municipal sewer service to the property and that individual wastewater systems will be necessary for any new residential -4- construction. According to the Department of Environmental Management, the applicants shall follow Department of Health regulations for wastewater disposal. 24. Solid Waste: The applicants states that household waste will be disposed of at solid waste transfer stations or picked up by commercial rubbish haulers. 25. Essential Utilities and Services: Police services are available at the main station on Kapiolani Street and fire protection services are located in close proximity on Haihai Street near the Hilo Municipal Golf Course. Electric and telephone services are available to the site. AGENCIES' COMMENTS 26. Fire Department: (Planning Department Exhibit 3— October 17, 2022) 27. Police Department: (Planning Department Exhibit 4 — October 18, 2022) 28. Finance Department—Real Property Tax Division: (Planning Department Exhibit 5 — October 18, 2022) 29. Department of Environmental Management: (Planning Department Exhibit 6— October 28, 2022) 30. Department of Land and Natural Resources —Engineering Division: (Planning Department Exhibit 7 —November 3, 2022) 31. Department of Land and Natural Resources —Division of Forestry & Wildlife: (Planning Department Exhibit 8 —November 9, 2022) 32. Department of Water Supply: (Planning Department Exhibit 9 —November 16, 2022) 33. Department of Public Works —Engineering Division: (Planning Department Exhibit 10—December 9, 2022) 34. Department of Land and Natural Resources — State Historic Preservation Division (Planning Department Exhibit 11 —December 5, 2022) AGENCIES—NO COMMENT/CONCERN 35. Department of Land and Natural Resources—Land Division. AGENCIES—NO RESPONSE 36. Office of Housing and Community Development, State Department of Health, and Department of Land and Natural Resources—Commission on Water Resource -5- Management. -6- APPLICANTS' RESPONSE TO AGENCY COMMENTS 37. No response letter to agency comments from the applicants have been received as of the date of this writing. PUBLIC COMMENTS 38. No public comments have been received as of the date of this writing. -7- 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 Dept. Exhibit 1 25-5-3 HAwAI`l 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 I CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Matthew C.Wung and Eric J. Wung APPLICANT'S SIGNATURE: �`� � DATE: QY Q/ ADDRESS: 799 Nehe Street, Hilo,HI 96720 LIST APPLICANT'S INTEREST IF NOT OWNER. n/a LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: Applicants'Representative Apppplicants PHONE:(Bus.) g0g_9Ct-00ss (Res.) 808-990-5209 (Fax) LANDOWNER(S): Applicants LANDOWNER SIGNATURE(S): Same as Applicants, above DATE: LANDOWNER(S)ADDRESS: Same as ApplicaAtMsa41%4 letter) REQUEST: A-3a TO RS-15 iFx1stii)«z�,nin�rt (Proposed Zoning) TAX MAP KEY: (3) 2-4-003-035' STREET ADDRESS OF PROPERTY: 862 W Kawailani Steet, Hilo, HI 96720 SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 3.1285 acres; 136,277 sq ft AGENT: Thomas L.H.Yeh,Esq. &Ronald N. Kim,Esq., Law Offices of Yeh &Kim ADDRESS: 505 Kilauea Ave., Ste. B, Hilo,HI 96720 T. L.Yeh-tly@yehandkim.com R.N. Kim- rkim@yehandkim.com TELEPHONE:(Bus.) 808-961-0055 (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Agent COPIES: Applicants Planning Dept, Exhibit 2 CHANGE OF ZONE APPLICATION APPLICANTS: MATTHEW C. WUNG and ERIC J. WUNG AGENT: Thomas L.H. Yeh, Esq. and Ronald N. Kim, Esq., Law Offices of Yeh & Kim LLLC 505 Kilauea Avenue, Suite B, Hilo HI 96720 (808) 961-0055 PROPERTY: 3.1285 Acres (136,277 sq. ft.), Waiakea Homesteads, 2nd Series, Waiakea, South Hilo, Hawaii TMK: (3) 2-4-003:035 CONTENTS Change of Zone Application Form Residential Rezoning Questionnaire Background and County Environmental Report Exhibits A-F APPLICATION FOR CHANGE OF ZONE Background and County Environmental Report A. SUBJECT REQUEST -Details of Proposed Use/Development 1. Project Description Applicants and owners, Matthew C. Wung and Eric J. Wung ("Applicants"),request a change of zone ("COZ") from Agricultural District,required minimum building site of three acres ("A-3a") to Single-Family Residential District,required minimum building site of 15,000 square feet("RS-15"). The subject property ("Property" or"Subject Property") is approximately 136,277 square feet(or 3.1285 acres) in land area. This COZ request will allow Applicants to subdivide the property into five lots, with lot sizes ranging from 20,080 square feet to 45,363 square feet (the "Project"). The Property is located off of W. Kawailani Street,between Malawaina Street and Life Care Center of Hilo, and is identified as Tax Map Key ("TMK")No.: (3) 2-4-003:035, Waiakea, South Hilo District, Hawaii,bearing a street address of 862 W. Kawailani Street, Hilo, Hawaii 96720. See Hawaii County Tax Plat Map 2-4-003, attached hereto as Exhibit "A". W. Kawailani Street, which generally runs in a west-east direction, is a paved County road by which the Property is currently accessed. The Property is bordered to the north, northwest and south by A-3a zoned lots currently owned and occupied by Applicants' relatives, to the west by one RS-10 zoned lot and to the east by multiple RS-15 zoned lots and a County of Hawaii Department of Water Supply water tank facility. Applicant also proposes to access four of the lots from a road stubout which is part of South Kumuwaina Place. See Vicinity Map, attached hereto as Exhibit "B". There is a permitted one-bedroom residential structure on the property consisting of approximately 480 square feet which was built in 1973, and is still used as a residence to this day. There are also two garages- one garage was constructed in 1955 and consists of approximately 360 square feet and the other garage was constructed in 1992 and consists of approximately 576 square feet. The Property also includes a frame utility shed built in 1992 and consisting of approximately 576 square feet. There is also a permitted open carport on the Property built in 1991 and consisting of approximately 576 square feet. Applicants obtained title to the Property from other family members via a Limited Warranty Deed recorded June 16, 2021. The Property has been held by four generations of the Applicants' family since it was initially acquired in the 1900s. Thereafter, the Property has been handed down to Applicants who are siblings. Family members have subdivided the property several times: in Subdivision No. 448 the Property was part of a 40-acre lot that was subdivided into a ten-acre lot, in 1954 Lot A-2 was subdivided from the Property leaving remaining Lot A-1 which consisted of approximately 9.222 acres in Subdivision No. 831, and in 1991 the Property was subdivided into Lot A-1-A consisting of approximately 3.1285 acres in Subdivision No. 6017. Approximately 2.875 acres of the Property is currently vacant land and occasionally used for pasture. kr c I' i a y y r V b o � +� - - � w., / s,1' 1 .,. � �� �'� Wiz..� � �'- ��� r• �..:- _. Id,��i "� j✓ teL �"�` °�S y -.a�.,� �� � � �' � ,ri �•,�.,�` �S�;�,� sue. ���.'1 �8':. 4f�'�rt' r - a. Statement of Objectives and Reasons for the Request As stated, Applicants propose to rezone the Property from Agricultural District, required minimum building site of three acres ("A-3a") to Single-Family Residential District, required minimum building site of 15,000 square feet ("RS-15"). See Change of Zone Map, attached hereto as Exhibit "C". The COZ to RS-15 will allow Applicants to subsequently subdivide the property into five RS-15 lots. One lot, currently improved, will be owned by Matthew Wung, another lot will be used to build a home for Eric Wung, and the remaining lots will be owned by the Applicants as part of their plan of distribution. Lands which surround the Property also continue to be owned by Wung family members in their respective trusts. This plan is in conformity with the Low Density Urban classification under the General Plan's Land Use Pattern Allocation Guide (LUPAG). b. Number of Acres/Square Feet The Property is approximately 136,277 square feet, or 3.1285 acres, in land area. C. Proposed Units/Lots/Floor Area of Proposed Building Envelope If this COZ request is approved, Applicants plan to subdivide the Property from one existing lot into five lots ranging from 20,080 square feet to 45,363 square feet. d. Timeframe and Cost. It is estimated that the COZ process will take approximately six months and that the subsequent subdivision process will take the same period of time. The cost of the COZ and subdivision processes will include consultant and attorneys' fees and costs, filing and application fees, surveyor's expenses for preparation of maps and plans, installation of water laterals and meters and other incidental costs. e. Membership Size/Number of Employees and Clientele Membership size is not applicable to the current request. f. Parking Arrangement. The Property already permits ample parking for its owners and guests. It is not expected that street parking will be required as a result of the subdivision, and there will be sufficient area on each lot to accommodate off street parking needs for each lot. The subject request is not expected to change or materially affect street parking in the vicinity. g. Traffic Impacts Assessment of Existing Traffic Conditions The Property is directly accessed from the south or Puna side of W. Kawailani Street, and is adjacent to the west side of a stub out portion of Kumuwaina Street, both of which are paved County roads, by which the Property may be accessed. The current entrance to the Property from W. Kawailani Street will continue to be used for access to one larger lot. Access to four of the proposed lots will be by way of Kumuwaina Street, per the proposed subdivision layout. Kumuwaina Street is accessed by Edena Street, which connects to Komohanan Street. Properties along these streets consist primarily of residential dwellings. Anticipated Increase in Traffic This COZ request for subdivision approval will only minimally increase in traffic. The lot already serves one residence. With the proposed subdivision into five RS-15 lots, there will bean increase of four additional buildable lots, accessed from Kumuwaina Street. Potential Impacts from Proposed Use The proposed COZ is not expected to adversely impact or meaningfully add to traffic along Kumuwaina Street, Edena Street or W. Kawailani Street in the vicinity of the Property. h. Other Related Information. Applicants have no other related information at this time. i. Proposed On-site and Off-site Infrastructure The Property is currently served by HELCO and is connected to the main overhead power lines located along W. Kawailani Street. Additional connections will be brought onto the Property from Kumuwaina Street. County water is available from existing Department of Water Supply ("DWS") water lines serving the area. County water can be made available to the additional lots from existing water lines serving the area from Kumuwaina Street. B. CONFORMANCE WITH STATE/COUNTY PLANS 2. State Land Use Designation The Property and surrounding areas are situated within the Urban District and Applicants' request to rezone the Property, from Agricultural District, required minimum building site of three acres ("A-3a") to Single-Family Residential District, required minimum building site of 15,000 square feet ("RS-15") is consistent with this land use designation. See Figure 1. 5 Figure 1: State Land Use District Boundary Map Designation: Pink Urban 3. Coastal Zone Management The proposed Project is not contrary to the Coastal Zone Management Program, as contained in Chapter 205A, Hawaii Revised Statutes ("HRS"). The Property is not situated within the County's Special Management Area("SMA") and is approximately 2.6 miles away from the shoreline. Thus, the instant request does not propose any development that will have substantial adverse environmental or 6 ecological effects on the SMA. No view planes to or from the ocean will be impacted. Lands to the west are currently used for pasture purposes. Applicants' request is therefore consistent with the objectives,policies and special management area guidelines of HRS, Chapter 205A and the Planning Commission(PC) Rules. Applicants' request and proposed use will not materially affect any existing public access, scenic or open space resources, coastal view planes or coastal ecosystems. 4. Applicable Goals/Policies and Objectives of the General Plan. The proposed rezoning conforms to the following applicable goals,policies and objectives of the General Plan. a. Flooding and Other Natural Hazards: Goals (a) Protect human life. (b) Prevent damage to man-made improvements. (c) Control pollution. (d) Prevent damage from inundation. (e) Reduce surface water and sediment runoff. (f) Maximize soil and water conservation. Policies (c) Update and improve the Flood Insurance Rate Maps and other flood maps in compliance with the National Flood Insurance Program (NFIP) as needed. (d) Any development within the Federal Emergency Management Agency flood plain must (g) Development-generated runoff shall be disposed of in a manner acceptable to the Department of Public Works and in compliance with all State and Federal laws. (j) The County and the private sector shall be responsible for maintaining and improving existing drainage systems and constructing new drainage facilities. (q) Consider natural hazards in all land use planning and permitting. Discussion: The Property is situated within Flood Zone "X", which is an area determined to be outside of the 0.2% annual chance floodplain. No base flood elevations or depths are shown within this zone. See Flood Hazard Assessment Report(FHAR), attached hereto as Exhibit"D". 7 b. Natural Resources and the Shoreline: Goals (a) Protect and conserve the natural resources from undue exploitation, encroachment and damage. (b) Provide opportunities for recreational, economic, and educational needs without despoiling or endangering natural resources. (d) Protect rare or endangered species and habitats native to Hawaii. (f) Ensure that alterations to existing land forms, vegetation, and construction of structures cause minimum adverse effect to water resources, and scenic and recreational amenities and minimum danger of floods, landslides, erosion, siltation, or failure in the event of an earthquake. Policies (a) Require users of natural resources to conduct their activities in a manner that avoids or minimizes adverse effects on the environment. (c) Maintain the shoreline for recreational, cultural, educational, and/or scientific uses in a manner that is protective of resources and is of the maximum benefit to the general public. (d) Protect the shoreline from the encroachment of man-made improvements and structures. (u) Ensure that activities authorized or funded by the County do not damage important natural resources. Discussion The Property is not situated on or near the coast,being approximately 2.6 miles away from the shoreline; and the proposed Project is not anticipated to have any significant impact on shoreline resources. The site is not likely to be a habitat for any federally or State listed candidate or proposed threatened or endangered plant or animal species due to a history of residential and urban use and related disturbance. There are no identified important or significant natural resources on the Property. Thus, the proposed change of zone will not have a significant effect on any identified natural resources or the shoreline. C. Historic Sites Goals (a) Protect,restore, and enhance the sites,buildings, and objects of significant historical and cultural importance to Hawaii. 8 (b) Appropriate access to significant historic sites,buildings, and objects of public interest should be made available. Policies (c) Require both public and private developers of land to provide historical and archaeological surveys and cultural assessments, where appropriate,prior to the clearing or development of land when there are indications that the land under consideration has historical significance. (j) Develop a continuing program to evaluate the significance of historic sites. (m) All new historic sites placed on the State or Federal Register after the adoption of general plan shall be included in the General Plan. Discussion Improvements to the Property include: (1) a 480 square foot dwelling w/attached 560 sq ft garage built in 1973; (2) a 360 square foot garage built in 1955; (3) a 576 square foot utility shed built in 1992; and(4) a 576 square foot carport built in 1992. All but one structure is less than 50 years old. While the 360 square foot garage built in 1955 is over 50 years old, and therefore considered"historic property"under Hawaii Revised Statutes, Section 6E-2, the Property is not listed on the National or State Register of historic places, is not recognized or nominated for any historical significance, nor are Applicants interested in listing the Property as such. d. Land Use— General Overview The Property is located in the Urban District under the State Land Use Law established by the Land Use Commission. The General Plan generally defines these lands as those "in urban use with sufficient reserve to accommodate foreseeable growth", and which comprises approximately two per cent of the Island's total land area. General Plan, §14.1.1. The Land Use Pattern Allocation Guide (LUPAG) Map of the County General Plan designates the Property and the surrounding vicinity as Low Density Urban, defined as suitable for the following uses: 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. Id. Goals (b) Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. (b) Protect and encourage the intensive and extensive utilization of the County's important agricultural lands. 9 Policies (a) Zone urban- types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. (b) Promote and encourage the rehabilitation and use of urban areas that are serviced by basic community facilities and utilities. (c) Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community,region and County. (f) Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. (j) Encourage urban development within existing zoned areas already served by basic infrastructure, or close to such areas, instead of scattered development. Discussion The instant request conforms to the general land use goals and policies. The proposed Project will contribute towards improving and developing this Low Density Urban area in South Hilo in keeping with the character of the surrounding community by allowing for development of additional RS-15 zoned lots, where such lots are bordered to the east by RS-15 zoned lots. Such growth appropriately extends existing development in conformity with the General Plan and should be encouraged where it meets district goals and regional plans; conforms to the State Land Use District; is compatible with adjacent zoned use; there is availability of public services, utilities, and access; and there is public need. The use of the property for residential purposes will add to existing inventory. e. Land Use—Agriculture: Goals (a) Identify,protect and maintain important agriculture lands on the island of Hawaii. (b) Preserve the agricultural character of the island. Policies (i) Designate,protect and maintain important agricultural lands from urban encroachment. (j) Ensure that development of important agricultural land be primarily for agricultural use. (n) Investigate possibilities to prevent non-agricultural uses that could interfere with potential or existing agricultural activities on important agricultural lands. (s) Important agricultural lands shall not be rezoned to parcels too small to support economically viable farming units. 10 (t) Discourage speculative residential development on agricultural lands. Discussion: The Property is appropriate for the proposed project. The Property is not important agricultural land nor holds prime soil. The proposed changes to the A-3a zoning would preserve the character of the surrounding area, largely consisting of minimum RS-15 sized lots or larger. E Land Use— Single-Family Residential Goals (a) To maximize choices of single-family residential lots and/or housing for residents of the County. (b) To ensure compatible uses within and adjacent to single-family residential zoned areas. (d) To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers that takes natural beauty into consideration. Policies (a) To assure the orderly use of single-family residential zoned areas and to curb speculation and resale of undeveloped lots, the County may impose incremental and conditional zoning, which would be based on performance requirements. This is to assure that a certain percentage of buildings will be constructed. (d) Incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio-economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces. (e) Re-evaluate existing undeveloped single-family residential zoned areas and reallocate zoned lands in appropriate locations. (f) 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. (i) Require developers to provide basic infrastructure necessary for development. Discussion The COZ request fits within the LUPAG designation of low-density urban and the Property is located within close proximity to centers of employment, shopping and other conveniences, and will have available the basic infrastructure, improvements and amenities necessary for development. Approval of the instant request meets the neighborhood, community and regional needs, and fits within the locale with minimal intrusion. 11 5. General Plan Designation (LUPAG Map): The Property is designated Low Density Urban on the LUPAG Map. The General Plan defines the Low Density Urban LUPAG classification as the following: High Density: 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. See Figure 2, below. Figure 2: LUPAG Map Designation: Yellow Low Density Urban Lands The proposed Project is consistent with the LDU designation. 12 6. County Zoning The Property is currently zoned A-3a, minimum lot size of 3 acres. 7. Community Development Plan There is no current Community Development Plan("CDP") adopted for Hilo or South Hilo. The Hilo CDP, adopted in 1975, is outdated and inapplicable to this COZ Application. 8. Special Management Area According to the Special Management Area Rules of the County of Hawaii, it is the State policy to preserve, protect, and where possible, to restore the natural resources of the coastal zone of Hawaii. Therefore, special controls on development within the area along the shoreline are necessary to avoid permanent loss of valuable resources and the foreclosure of management options, and to insure that adequate public access is provided to public-owned or used beaches, recreation areas, and natural reserves, by dedication or other means. The proposed Project is consistent with the above policies and developmental controls. The Property is not situated within the SMA and does not have frontage along the shoreline. Thus, Applicants' request will not materially affect existing public access, scenic or open space resources, coastal view planes or coastal ecosystems and does not propose any excluded use, activity, or operation which may have a cumulative impact, or a significant or substantial adverse environmental or ecological effect on the SMA. No construction affecting shoreline views is proposed. The instant request does not conflict with HRS Chapter 205A (Coastal Zone Management) and is consistent with the objectives, policies, and guidelines of that Chapter and as enacted by the legislature C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA Physical Characteristics/Environmental Setting 9.Description of Subject Property, Location, Climate, Topography, Slope, Soils (including size, shape, existing structures) 9.1 Location The Property is located off of W. Kawailani Street between Malawaina Street and Life Care Center of Hilo, and is identified as Tax Map Key ("TMK")No.: (3) 2-4-003:035, Waiakea, South Hilo District, Hawaii, bearing a street address of 862 W. Kawailani Street, Hilo, Hawaii 96720. See Hawaii County Tax Plat Map 2-4-003, attached hereto as Exhibit "A". A Google Map showing an aerial view of the Property is attached hereto as Exhibit"E". 13 9.2 Climate The elevation of the Property is approximately 137 meters or 449 feet above mean sea level. The mean annual rainfall of South Hilo is approximately 134 to 173 inches. See Online Rainfall Atlas of Hawai'i at http://rainfall.geography.hawaii.edu/rainfall.html. The average high temperature in Hilo is 79°F in the winter and 83°F in the summer. The average low temperature ranges from 64°F in winter and 69°F in summer. 9.3 Topography, Slope and Soils The topography of the Property is generally level. 10. Lava Hazard Zone The United States Geologic Survey("USGS") classifies the Property as Lava Flow Hazard Zone 3 on a scale of descending risk, 9 being the lowest risk and 1 being the highest. 11. Distance from Coastline The Property is approximately 2.8 miles from the nearest coastline situated at Hilo Bayfront Park. 12. Agricultural Lands of Importance to the State of Hawaii ("ALISH") Designation The subject Property is not classified as ALISH, Prime or Unique Agricultural Land. 13. USDA Natural Resources Conservation Services Soil Service Report soil type The Soil Survey Report classifies the Property's soil as: 50 percent Papai and similar soils; 45 percent urban land; and 5 percent minor components. 14. Land Study Bureau ("LSB") Soil Rating The Property is not classified as productivity rating A, B, C, D or E according to the Land Study Bureau of the University of Hawaii. 15. Flood Insurance Rate Map ("FIRM") Designation The FIRM Designation of the Site is Zone X, meaning an area determined to be outside the 0.2% annual chance floodplain. The FEMA FIRM Panel Number is 1551660912F and the FIRM Index and Effective Date is 9/29/2017. The Panel is not printed. See FHAR, attached hereto as Exhibit "D". The Property is not within a tsunami or a dam evacuation zone. Id. There is no Letter of Map Change (LOMC) for this FIRM Panel. 16. Existing Drainageways or Improvements There are no known drainageways or other similar improvements crossing the Property. The Flood Hazard Assessment Tool is attached as Exhibit"D" (FHAT Report). Applicant is not aware of any flooding issues affecting the Property. 14 17. Air/Noise/Water Quality The proposed project is not expected to have a significant effect on air or water quality, nor is it expected to be a significant noise generator. There may be temporary noise generated in relation to the construction/development of the proposed RS-15 lots and any improvements thereon. Historic Resources: 18. Existing Archaeological, Cultural or Historic Sites on National or State Register The Site has been used for residential and agricultural purposes (pasturing) since the 1940s. As such, the existence of any surface or subsurface archaeological remains is extremely unlikely. None are currently known to exist. In a letter dated December 9, 2021, counsel for Applicants requested a"no effect" determination from the State Historic Preservation Division, to which counsel has not received any response. See Exhibit "F", attached. Natural Resources: 19. Existing Flora/Fauna Resources Existing flora is primarily hilo grass and guinea grass, and some invasive species including fiddle wood. Fauna in the area are doves, myna birds, cardinals, and finches 20. Scenic or Coastal Resources The Property is approximately 2.8 miles from the coast and there is no access to either the mountains or the ocean from or through the Property. There are views of Mauna Kea and Mauna Loa from the Property. The proposed Project is not expected to impact any scenic or coastal resources. Valued Cultural Resources: 21. Existing Traditional and Customary Native Hawaiian Rights Exercised Applicants are not aware of any traditional and customary native Hawaiian rights that are exercised in the area as it has been in agricultural or residential use for decades. Public Access: 22. Existing Public Access to and Along Shoreline or Mountain Areas There is no existing public access to and along the shoreline or to mountain areas through or proximate to the Property. 15 Social-Economic Characteristics: 23. Social Settlement Pattern for the Area Most historians agree that the first inhabitants arrived on the Big Island of Hawaii from Polynesia around 1100 AD. Oral history has many references to people living in Hilo, along the Wailuku and Wailoa rivers during the time of ancient Hawaii. Well before Hawaii became a State or even a territory of the United States, Chinese, Japanese, Filipinos, Koreans, and Portuguese arrived here as contract workers on sugarcane plantations. Originally, the name "Hilo", applied to one large district encompassing much of the Big Island's east coast, now divided into the two Districts of South and North Hilo. When the English missionary and author William Ellis visited Hilo in 1823, the main settlement was in Waidkea on the south shore of Hilo Bay. Missionaries came to the district in the early-to-middle 19th century, founding Haili Church. Hilo expanded as sugar plantations in the surrounding area created jobs and drew in many workers from Asia and other locales. Many left for the U.S. mainland, but many others stayed and carved out lives and livelihoods, ultimately giving rise to Hilo's diverse ethnic and racial culture. As a result of the 1960 tsunami, Hilo's low-lying bayfront areas on the Waidkea peninsula and along Hilo Bay, previously populated, were rededicated as parks and memorials, including the Liliuokalani Park and Gardens. Beginning in the 1960's, Hilo expanded inland. The downtown found a new role in the 1980s as the city's cultural center. Featured important cultural centers include: the Palace Theater, East Hawaii Cultural Center, Lyman Museum and Mission House, Pacific Tsunami Museum, Imiloa Astronomy Center, Mokupapapa Discovery Center, University of Hawaii Performing Art Center, the Hilo downtown Public Library and the Wailoa Center. Hilo is filled with historic buildings, interesting shops, and parks and has a constant stream of performances, festivals and events, the annual Merrie Monarch Festival being by far the largest such event. Closure of the sugar plantations in the 1990s hurt the local economy, coinciding with a general statewide slump. But in recent years, Hilo has seen commercial and population growth, boosted by a growth in tourism, expansion of the University of Hawaii, and the relatively stable housing market. The 2018 census data indicates a population of 46,284 for all of Hilo, encompassing 53.4 square miles with a population density of 866.9 people per square mile. The median age is 40, with the largest population group (60%) in the age range of 18-64. The populace is 52% female. The largest ethnicity /race group is Asian (32%), with 31% identifying as two or more races / ethnicities combined. Sixteen percent are white or Caucasian and only 9% identify as Hawaiian or other Pacific Islander. The per capita income is approximately $28,012 with the median household income being $60,120. Nineteen percent of people are below the poverty line including 28% of children (below age 18) and 9% of seniors. There are 16,302 households with 2.8 people per household. Forty-four percent of the populace is married. 16 24. Economic Resources of the Area The oldest city in the Hawaiian archipelago, Hilo's economy was historically based on the sugar plantations of its surrounding areas, prior to their closure in the 1990s. Today, Hilo has a diversified economy that includes agriculture, tourism, aquaculture, livestock, trade, education, astronomy and government. The tremendous rainfall (approximately 134 inches annually)has led to arguably the world's largest tropical flower industry, exporting fresh cut flowers, sprays, and potted plants from various farmer cooperatives and flower farms. About 1 million acres of the island's total 1.8 million acres are devoted to agriculture, a $500 million per-year industry. Livestock is an economic mainstay, with sales totaling more than $25 million annually. Nearly 115,000 cattle are raised on the Big Island. with most shipped to the mainland and Canada for processing. The Big Island is Hawaii's largest producer of honey, more than 1 million pounds annually. Aquaculture, another important industry on the island, has been a mainstay of economic life since the first Polynesian settlers. Several types of microalgae are also being cultivated for pharmaceutical and nutritional products. Aquafarms on the Big Island, totaling more than 170 acres, produce 11 million pounds of aqua products annually. The Big Island also produces more than four-fifths of the state's fruit and other nursery products for domestic and foreign markets. Hilo has a fairly significant tourism sector. Visitors come to see Hilo's charming historic character and also major events such as the annual week-long Merrie Monarch Festival, the world's preeminent hula competition and festival, and the annual Hilo Orchid Show, the largest and most comprehensive orchid show in the state, both of which draw visitors and entrants worldwide. The many cultural centers listed above are big draws, as are the Pana'ewa Rainforest Zoo, the many shopping centers, cafes and other eateries, movie theaters, hotels,restaurants, and a developed downtown area with a thriving Farmers Market. Cruise ships account for much of the visitor numbers. According to Hawaii Business Magazine, "In 2003, the town received 219,262 cruise ship passengers from 116 foreign ship calls", which number was expected to rise dramatically in the years following. Hilo's Foreign Trade Zone(FTZ) is situated adjacent to Hilo Harbor and the Hilo International Airport, less than a mile from downtown Hilo. This 31-acre site is the first such zone designated by the State of Hawaii to attract manufacturers to Hawaii. The FTZ allows companies to import parts for assembly and export the finished product without paying import duties. Television, film and commercial production also contribute to Hilo's economy. The County of Hawaii hosted 129 film productions from ten countries in 2003-2004, an increase from the prior year. Hawaii's Small Business Development Center Network is a partnership of the University of Hawaii at Hilo and the U.S. Small Business Administration. With the aim of helping small business become established or expand, the Network offers one-on-one counseling, seminars, workshops and conferences. Many other business incentives exist at the state level, including direct financial incentives, tax incentives, high technology businesses training programs,job placement and training systems, and employer training grants. 17 Finally, the University of Hawaii at Hilo is perennially expanding its programs and offerings, recently adding several new science and technology developments, including the Mauna Kea Astronomy Education Center, the Pacific Basin Agricultural Research Center, and the U.S. Forest Service Institute of Pacific Islands Forestry research laboratory. These expansions and others have prompted several observers to view Hilo as a thriving university town with all the usual accompanying opportunities, resources and offerings. 25. Land Values According to the Hawaii County Real Property Tax website, land values of agriculturally-zoned parcels adjacent to the Property range from $322,600 to $508,200 and range in size from 1 acre to over 3 acres. Land values of residentially-zoned parcels (mix of RS-10 and RS-15) adjacent to and across W. Kawailani Street from the Property range from $146,000 to $436,700 (for improved lots) and range in size from 0.51 acres to 6 acres. Surrounding Lands: 26. Land Use The surrounding areas are, for the most part, situated within the Agricultural and Residential Districts, with uses being generally a mix of agricultural and residential, classified as Low Density Urban. 27. Zoning The immediately surrounding lots are zoned Agricultural, minimum building site 3 acres (A-3a); Residential, minimum building site 10,000 square feet (RS-10), and Residential, minimum building site 15,000 square feet (RS-15). D. PUBLIC FACILITIES AND SERVICES 28. Description of Access The Property currently takes access from W. Kawailani Street. Access is also available from South Kumuwaina Place. 29. Availability of Water Preliminary discussions with DWS indicate that additional water units can be made available from existing waterlines W. Kawailani Street and from South Kumuwaina Place. 30. Sewage Disposal There is no municipal sewer service in the area. As such, any new residential construction would be required to install an individual wastewater system. 18 31. Solid Waste The nearest solid waste transfer station is located in Hilo off of Railroad Avenue. Household waste will be disposed of at the transfer station or picked up by commercial rubbish haulers. 32. Police and Fire Protection The Property is located in the South Hilo Police Patrol District, which covers 635 square miles, and features 88 authorized sworn positions. The South Hilo District is the Hawaii Police Department's largest staffed patrol division and is situated on the ground floor of Building B at the Public Safety Complex, 349 Kapi'olani Street, which is approximately one mile from the Subject Property. Patrol officers also operate out of the Mo'oheau Bus Terminal mini-station, which is approximately 1.5 miles from the Subject Property. The South Hilo Police Patrol District provides 24-hour police service and consists of the Patrol Division, the Community Policing Section, and the reserve officer program. For firefighting, there are four fire stations located in the greater Hilo area. Station 1, located at 466 Kino'ole Street, is the Hilo Central fire station and is within approximately one mile of the Subject Property. Station 2, located at 95 Keaa Street, is within approximately two and'/z miles of the Subject Property. Station 3, located at 385 Haihai Street, is within approximately three miles of the Subject Property. Station 4, located at 310 Kaumana Drive, is within approximately three miles of the Subject Property. Together, these fire stations provide adequate response times for firefighting. 33. Schools Hilo is home to a number of educational institutions, including two post-secondary institutions the University of Hawaii at Hilo and Hawaii Community College. In all, there are eight(8)public elementary schools, two (2)public intermediate schools, two (2)public high schools and seven (7) private schools in Hilo. The public schools are separated into two (2) complexes, centered on the high schools. The proposed Project is not expected to result in impacts to the school system, and would be served by the Waiakea complex. 34. Parks There are a plethora of community and beach parks in and around the greater Hilo area. Waiakea Uka Gymnasium and playground are located approximately 2 miles from the Subject Property. Honoli'i beach park is located approximately four(4) miles north of the Subject Property. Hilo Bayfront beach park is located approximately one (1) and 1/2 miles east of the Subject Property. Wailoa River State Park is located approximately one (1) mile south east of the Subject Property. Lili`uokalani Park and Gardens is located approximately two (2) miles south east of the Subject Property. Lincoln Park is located approximately one (1) mile north east of the Subject Property. Many additional beach parks are located a few miles from the Property in Keaukaha. 35. Other Utilities and Services All utilities are available via overhead lines along W. Kawailani Street. 19 E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS 36. Relationship between short term uses of environment and maintenance and enhancement of long-term productivity. The Property has been used for residential,pasture and agriculture purposes for many years. Prior to residential use, it was also used for pasture and agriculture. If the proposed land use changes are approved and Applicant is allowed to subdivide the Property, then the long-term use of the Property for residential would be appropriate. The proposed land use changes would allow the Applicants to own distributive shares as the next generation of owners within the family. 37. Mitigative Measures proposed to avoid, minimize, rectify or reduce impact. Applicants have not identified any significant impacts that the proposed land use changes might have on resources or public services. 38. Alternatives to the proposed development. Alternatives to the proposed development include leaving the Property as-is. Under this alternative, Applicants would not be able to distribute the Property to the family's next generations, and common ownership amongst heirs would continue. In the future, division of the Property between the current two owners' or their heirs would be more difficult. A partition action would likely require a sale of the Property. 39. Irreversible and irretrievable commitments of natural resources that would be involved if proposed action implemented. The Property has been in residential,pasture and agricultural use for several decades and is situated within a low-density urban area consisting largely of single-family residences. Due to the previous residential and agricultural use of the Property and its soil characteristics, it is not likely that there are any significant natural resources relating to the Property that would be irreversibly and irretrievably committed should the requested change of zone be approved. 20 aax-WI:NwS $ =ma'=off 6�=G~o o ctRe� &s Uo N I Ea, _I C c�o` Z _ — 51 � r o of l C is o F s I Pg $ vE`u m Ili W _--PLAT P PLAT 17 _ PLATY I � N LAT M1 Ii l� nlOi 1� J"t PLAT:.67 J /\ �41 I- >< --� a r 8t 63 �. g PLAT PLA 1 80 ; cL 4 W � c, � � F-��ITT1 so i- K � .PLAT 66 LC P' �• � J� w e ,. ._ 1d H4 \��✓1L� _ Y It cHis LI PLAT 70 a i r111L / ll PLAT 64 �I��Z.,• Ii LAT _— ez 6 >'7d I T 43 PLA - d Y PEA, 44 PLAT 65 \ �( 1L"IB �y et tg �� �' T❑1�3� 'ol. s I 3 d y g Y 3 a° -WW�j 3omnc; YIY As IBZ Y B3BB 31 fa ItIZ 'BB'sm ArcGIS Web Map L T71 I _ _j i 4/6/2022,8:31:12 PM Hawaii County Zoning RS-15 1:1,128 (road) 0 0.01 0.02 0.04 mi Parcels(current boundary lines) i T 0 0.02 0.04 0.07 km A-3a Hawaii County District Boundary County of Hawaii IT Department,Sources:Esri,Airbus DS,LISGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, RS-10 Geed atastyrelsen,Rijkswaterstaat,GSA,Geoland,FEMA,Intermap and the GIS user community,Esri Community Maps Contributors, OpenStreetMap, Microsoft, Esri, HERE, Garmin, SafeGraph, Exhibit B Web AppBuilder for ArcGIS The contents of this map were prepared for informational and planning purposes only and may not have been prepared for or be suitable for legal,engineering,or surveying purposes. �y Wk6t� 265.40' — 242.00 p L 5 TE 4 �Q 5 Z (23,855 5q.F=Q 01 (24&0 5q.FQ W I Z D i ROAD LOTI (1,M0 Sq.Ft) Q L — ----� a - 1/IGINI7Y MAP r-- -------- Not to 5GGI6 I _ a LOT IA-I-A 0 3.12a5 sq(20,0e0 Ft) o Q �' I (20,2b(J Ft) F' H I K° ------------ .� c (45,363I 5q.FQ (1 O r--1 W Qr I I \ .o -°^+•^^^^°° KAWAILANI STREET OWNERS: CHANGE OF ZONE MAP Eric J.Wung Agricultural(A-3a)to Residential(RS-15) Mathew C'Wung 864 Edens Street LOT A-1-A Hilo,Hawaii 96720 Portion of Lot 619 Being Also A Portion of Grant 10,897 To Leopold F.Sternemann or Heirs Waiakea Homesteads,Second Series Waiakea,South Hilo,Island of Hawaii,Hawaii NOTES: Tax Map Key:3rd DIV.24-003:035 1.LOT A-tA erw�3.15 Avee. 2.fI00E Deepnnllori:Zo,re X a.cmem.ms,�a�m�m„�r.,,.a n cowm,�.m s�.wy TrlenWetlon sruo,^w�LAr. 4.Lacehon of axiatl,p lmprowmenH hanpweEfiwn mep byomen aM �NABAErvGiNEEftING.iNC. ,re.awa.enau. ns .vs, Exhibit C " ZONE 903F � _�I '1 I r" 1671-4 1 1 I I I— I 1i---� x +��-•-.._.„ _ �.,., _o� III �I1 I —�� �I �i��I - �� 1r— LTL III t l r{ ZO I X Zp ONEA I x ZO EF s IJ — --- � - 1 ICI —I III I I � { 1 ZONE Y 1 — f Ei �uI J BASEMAP: FIRM BASEMAPi— - - 1 -..�---� Flood Hazard Assessment Report www.hawaiinfip.org SPECIAL FLOOD HAZARD AREAS (SFHAs) SUBJECT TO INUNDATION BY €I THE 1%ANNUAL CHANCE FLOOD -The 1%annual chance flood (100- 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. Mandatory flood insurance Property Information Notes: purchase applies in these zones: COUNTY: HAWAII Zone A:No BFE determined. TMK NO: (3)2-4-003:035 Zone AE:BFE determined. WATERSHED: WAILOA PARCEL ADDRESS: ADDRESS NOT DETERMINED Zone AH:Flood depths of 1 to 3 feet(usually areas of ponding); HILO,HI 96720 BFE determined. Zone AO: Flood depths of 1 to 3 feet (usually sheet flow on Flood Hazard Information sloping terrain);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: 1551660912F Zone VE:Coastal flood zone with velocity hazard(wave 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 increasing the BFE. NON-SPECIAL FLOOD HAZARD AREA-An area in a low-to-moderate risk THIS PROPERTY IS WITHIN A TSUNAMI EVACUTION ZONE: NO flood zone. No mandatory flood insurance purchase requirements apply, FOR MORE INFO,VISIT:http://www.scd.hawaii.gov/ but coverage is available in participating communities. THIS PROPERTY IS WITHIN A DAM EVACUATION ZONE: NO Zone XS(X shaded):Areas of 0.2%annual chance flood;areas of FOR MORE INFO,VISIT:http://dlnreng.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 Exhibit D protected by levees from 1%annual chance flood. Zone X:Areas determined to be outside the 0.2%annual chance 0 400 800 ft floodplain. Disclaimer:The Hawaii Department of Land and Natural Resources(DLNR)assumes no responsibility arising from OTHER FLOOD AREAS the use, accuracy, completeness,and timeliness of any information contained in this report. Viewers/Users are responsible for verifying the accuracy of the information and agree to indemnify the DLNR,its officers,and employ- ees from any liability which may arise from its use of its data or information. Zone 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 available in participating commu- and is not to be used for flood insurance rating.Contact your county floodplain manager for flood zone determina- nities. tions to be used for compliance with local floodplain management regulations. Go gle Maps 4 t?` Ift I u _ o_ + c Google Imagery©2022 Maxar Technologies,Map data©2022 200 ft Exhibit E Law Offices of Yeh & Kim RONALD N.W.KIM A Limited Liability Law Company Of Counsel: rkim(0,yehandkim.com THOMAS L.H.YEH 505 Kilauea Ave.#B,Hilo,Hawai'i 96720-2830 JOHN MUKAI tly(ul yehandkim.com Telephone (808)961-0055 jmukaitt)yehandkim.com DANNY PATEL dpatel@4?yehandkim.com Alan Downer, Ph.D., Administrator Historic Preservation Division Department of Land and Natural Resources State of Hawaii Kakuhihewa Building 601 Kamokila Blvd., Suite 555 Kapolei, HI 96707 December 9, 2021 Re: Request for No Effect Determination TMK No. (3) 2-4-003-035 Dear Dr. Downer: On behalf of our clients, Matthew C. Wung and Eric J. Wung ("Applicants"), we respectfully request a "no effect" determination from the State Historic Preservation Division ("SHPD")pursuant to Hawaii Revised Statutes ("HRS") §6E-42 and Hawaii Administrative Rules ("HAR") § 13-284-5 in connection with Applicants' Change of Zone ("COZ") Application for the subject property from A-3a to RS-15 (to be submitted to the Hawaii County Planning Department; draft available upon request). The subject property is owned by Applicants and is situated in Waiakea, South Hilo, Island, County and State of Hawaii, with the street address of 862 W. Kawailani Street, Hilo, Hawaii 96720, and identified as TMK No. (3) 2-4-003-035 (the "Property"). Applicants are requesting a COZ from Agricultural District,required minimum building site of three acres ("A-3a") to Single-Family Residential District,required minimum building site of 15,000 square feet (RS-15). The Property is approximately 136,277 square feet (or 3.1285 acres) in land area, is designated as Low Density Urban(LDU) on the LUPAG and is in the State Land Use (SLU) Urban District. Surrounding land uses include residential and agricultural uses. The entire surrounding vicinity is classified Urban on the SLU map and designated LDU on the LUPAG. Applicants' COZ request seeks to allow for the subsequent subdivision of the Property into five RS-15 lots. The Property is located off of W. Kawailani Street, between Malawaina Street and Life Care Center of Hilo. W. Kawailani Street, which generally runs in a west-east direction, and is a paved Exhibit F Law Offices of Yeh& Kim A Limited Liability Law Company December 9, 2021 Page 2 County road by which the Property is accessed. Applicants obtained title to the Property from other family members via a Limited Warranty Deed recorded June 16, 2021. The Property has been held by four generations of the Applicants' family. At the time Applicants obtained title, the Property was improved with a permitted one-bedroom residential structure on the property consisting of approximately 480 square feet which was built in 1973. There are also two garages- one garage was constructed in 1955 and consists of approximately 360 square feet and the other garage was constructed in 1992 and consists of approximately 576 square feet. The Property also includes a frame utility shed built in 1992 and consisting of approximately 576 square feet. There is also a permitted open carport on the Property built in 1991 and consisting of approximately 576 square feet. There are no other improvements on the Property and the remainder of the Property is in agricultural use as a pasture. No additional improvements are planned or proposed at this time or in conjunction with Applicants' COZ request. The Site is part of Land Patent Grant Number 10,897 to Leopold F. Sternemann or heirs, in the Waiakea Homesteads, Second Series Subdivision. The Site has been used for agricultural purposes to grow sugar cane and pasturage since at least 1925. The Site has also been used for agricultural and residential purposes since 1973, when the residence onsite was constructed. As such, the existence of any surface or subsurface archaeological remains is extremely unlikely. None are currently known to exist. Although the garage is over 50 years old, and considered "historic property" under HRS §6E-2, the Property is not listed on the National or State Register of historic places and is not recognized or nominated for any historical significance, nor are Applicants interested in listing the Property as such. Applicants do not, however, have any plans to alter the historic character of the improvements at this time or in connection with the COZ request. In light of the above, we request a"no effect" determination from your division. Thank you for your time and attention to review the instant request. Please feel free to contact me if you have any questions or to discuss this matter further Very truly yours, LAW OFFICES OF YEH & KIM RONALD N.W. KIM Exhibit F ATTACHM ENT R esidentalR ezoning PLANNING DEPARTMENT COUNTY 0 F HAW AII APPLICATDN FOR CHANGE OF ZONE 1, Ifyourmquestis approved,do you intend to subdirile the subj�cthnd in accordance with the approved change ofzone? Yes ifyes,phase answer the mstofquest hn 1 and then to question 3. a. H ow m any acres of the requested area do you intend to subdidde? 3.1285 acres b. Inth whatbtsizes? 15,000 sq ft C. if your mquestis approved,appmxir ately how bng a$erthe date ofappmvaldo you expectto subm it yoursubdisrisbn pans to the P-bnning D epa±n ent fbrprelin nary appmvar ASAP d. Do you intend to build houses on the newly created bts? Yes if yes,phase answerthe fDIbwing questions: on how m any of those bts? 1 Atw hatapp mxin ate prce range? House 0- building for self Lots 0 Total 0 Appmxin ately how bng,a$erappmvalof the subdivisbn,woub the fmthouse be 12 months ava%bh foroccupancy? Ifyou intend to subdidJe,phase subm ita prelin nary schem atin subdidsian plbn together with your change of zone appkathn farm . 2. if you have no fin pbns ofsubdivring the subj�ctama, do you ntend to: a. Sellorbase the land b som eone who has fun pbns? n/a b. Sellorbase the land b someone who has tentative n/a pbns? C. Sellorbase the bnd b someone who has no plans? n/a d. Keep i1:2 Yes e. other Tease state) Plan to build dwelling on one lot and eventually distribute lots to family members as part of a family distribution plan. f. Ifyou intend to do eithera,b,orc,please ebboiate on the kind ofpbns the otherparty has.Pbase,abo, ncbde in youranswerappmxin ately how soon a$er appmvalofyourrezonng do you expectto transferthe subj�ctbnd to anotherparty. 3. Do Y think thatyou r mque stand your fu rthe rpbns forthe bnd waalbvlate the bcalhousng situation? Yes How? Creation of five residential lots, allowing for additional construction of single-family residential homes. 4. Aie there any buAtgs on the subj--ctama? Yes Eso, whatknd? 480 sq ft dwelling w/ attached 576 sq ft garage; 360 sq ft garage;576 sq ft utility shed; 576 sq ft open carport whatdo you intend th do with those builJngs if your mquestis approved? Leave,possibly repair. 5. Ts the subj--cthnd curmntly berg used torany aguhnalacty y? Yes ri; If so,phase istthe kinds ofpmducts gmw n and on how m any squam feetoracros of land perpmduct Agricultural and pasture use: pasture use for cattle,approximately 2.5 acres. F To yourknowhdge,has there been any fbodbg and/or dmnage pmbhm on the subj�ctama? No if so,phase descrbe the pmbhm . Do you think thatthe mads hadng b the subtcta ea needs in pmvem ent? No Ifso,w hatkbd? Is the mad adequate forthe pmposed traffic vohm e orbad? Yes W hatsortofgovemm entalassistance and/orm pmvem ents do you he1w2be needed b the subjE�ctama when devebped? yes N9 a. Schools x b. Roads x c. Sewer x j. D iaiiage x e, police Pmtecthn x Yes N.0 t Fite P tatectbn X o_ RecieathnalFaC17thS X h. Pubk U t 1tes X I . other X Forthose checked 'Yes,"phase elaborate whattype orkinds of in pmvem ents and/orassistance are needed. Signature: 5 ignature Rona d N. W. Kim,Attorney for Applicant Address: Law Offices of Yeh&Kim LLLC 505 Kilauea Ave Ste B,Hilo,HI 96720 Tebphone: 808-961-0055 Date: 6337AMA -4- PD.5M DeVera, Ashley From: Ron Kim <rkim@yehandkim.com> Sent: Friday, September 30, 2022 1:02 PM To: Andrews, Jessica Cc: Jackson, Maija; Kay, Christian Subject: Re: Wung REZ, PL-REZ-2022-000030 Attachments: strcutures.2.JPG; structures.JPG You're welcome Jessica, The owners' plan is to remove those structures once the subdivision work begins-the structures are currently being used for agriculture (sheep and cattle). I have attached some pictures of the structures. Thankyou! Ron On 9/30/2022 8:30 AM, Andrews,Jessica wrote: Thank you for the information, Ron. From: Ron Kim <rkim@vehandkim.com> Sent:Thursday, September 29, 2022 5:21 PM To:Andrews,Jessica <Jessica.Andrews@hawaiicounty.gov> Cc:Jackson, Maija <Maija.Jackson@ hawaiicounty.gov>; Kay, Christian <Christian.Kay@hawaiicounty.gov> Subject: Re:Wung REZ, PL-REZ-2022-000030 Aloha Jessica, Proposed Lot 1 would take access off of Kawailani Street, probably over the existing driveway. I'm not sure if the plan is to remove (or move) or maintain those two existing structures- I'll check on that and get back to you. Thank you, Ron On 9/29/2022 4:03 PM, Andrews,Jessica wrote: Aloha Ron, I am reviewing the Wung rezone application and have a couple of questions to clarify. Feel free to reply by email, and I will add the clarification to the project record. 1. Can you clarify whether the access for proposed lot 1 will be taken off Kawailani Street or off South Kumuwaina Place? 1 2. The aerial imagery included with the application shows two existing structures located on the upper side of the subject property, in vicinity of proposed lots 2, 3, 4 and 5. Does the applicant intend to maintain or to remove these structures? Thank you, Jessica Andrews, Planner County of Hawai'i Planning Department (808) 961-8155 2 n i l6 fi POO— IL i 71 , l�� � � o sa _ r y �M ° rQ' 2 � aafr _a ash + $3ys(�cw tAa B a cd' 4 `-- ,t��a&, r ayay F sa g,. �[♦s '�'`�`4' ''».�1 art(-�'.' k �+'. :fit k�M1t � � tis• iFA G ��Q�S �•. �. a t•+.,, �b a� � m '+ail.` ,, , J, ( r. ♦ `_, ` ?>.- �.�:» %",. `Y6 - l7 � ~ ` s SR" k ki T ti \ P r' 4 � w.♦ or�::y. a l "^ ..... ,,, .pis.�—"t' , II e 4 i e �;•. ;ti. a ems._, ;� `. f � _ LAND COURT REGULAR SYSTEM AFTER RECORDATION, RETURN BY: MAIL O PICK-UP ( ) MATTHEW C. WUNG TG: 202123790 ERIC J. WUNG TGE: 2327322108962 799 NEHE ST Debbie Tomono HILO HI 96720-3598 Tax Map Key: (3) 2-4-003-035 This document(which may be executed in counterparts) contains 14 pages total. LIMITED WARRANTY DEED This Deed, made as of the day of ��lYlt, , 2021, is by and between the following parties: "Grantor": DAVID WUNG, married, MATTHEW WUNG, married, and PEGGY WATANABE, married, all of whose mailing address is c/o 871 Edena Street, Hilo, Hawaii 96720-2791. "Grantee": MATTHEW CHRISTOPHER WUNG, unmarried, and ERIC JACOB WUNG, unmarried, both of whose mailing address is c/o 799 Nehe Street, Hilo, Hawaii 96720-3598. WIT NESSETH; That in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration paid to the Grantor by the Grantee, the receipt of which is hereby acknowledged, the Grantor does hereby grant, bargain, sell and convey unto the Grantee, as Joint Tenants, their assigns and the survivor of the Grantee and his or her heirs, devisees, personal representatives and assigns, in fee simple, all of that certain real property more fully described in Exhibit "A"attached hereto and by reference made a part hereof, subject to the encumbrances noted therein. And the reversions, remainders, rents, issues and profits thereof and all of the estate, right, title and interest of the Grantor, both at law and in equity, therein and thereto. TO HAVE AND TO HOLD the same, together with all buildings, improvements, rights, easements, privileges and appurtenances thereon and thereto belonging or appertaining or held and enjoyed therewith, unto the Grantee according to the tenancy herein set forth, forever. AND, in consideration of the premises, the Grantor does hereby covenant with the Grantee that the Grantor is seised of the property herein described in fee simple; that said property is free and clear of and from all liens and encumbrances, except for the lien of real property taxes not yet by law required to be paid, and except as may be specifically set forth herein; that the Grantor has good right to sell and convey said property, as aforesaid; and, that the Grantor will WARRANT AND DEFEND the same unto the Grantee against the lawful claims and demands of all persons, except as aforesaid. AND in consideration of the premises, the GRANTEE HEREBY ACKNOWLEDGES THAT THE GRANTEE IS AWARE, UNDERSTANDS AND AGREES that, notwithstanding the foregoing warranties of title by the Grantor, all of the premises herein conveyed, including, but not limited to, all improvements located thereon, are being conveyed by the Grantor to the Grantee "AS IS, WHERE IS", without warranty or representation, express or implied, as to condition or fitness for any purpose whatsoever, the Grantee hereby agreeing, acknowledging and affirming to the Grantor that the Grantee has had full opportunity to inspect the premises and accepts the same "AS IS, WHERE IS" as provided for in the Real Estate Purchase and Sale Agreement, last dated April 20, 2 02 1, between Grantor and Grantee and any and all addenda thereto. The terms of said "AS IS, WHERE IS"provisions are incorporated herein by reference and shall survive closing. The rights and obligations of the Grantor and the Grantee shall be binding upon and inure to the benefit of their respective estates, heirs, personal representatives, successors, successors in trust and assigns. All obligations undertaken by two or more persons shall be deemed to be joint and several unless a contrary intention shall be clearly expressed elsewhere herein. The conveyances herein set forth and the warranties of the Grantor concerning the same are expressly declared to be in favor of the Grantee, their assigns, and the survivor of the Grantee and his or her heirs, devisees, personal representatives and assigns. -2- The terms "Grantor" and"Grantee," as and when used herein, or any pronouns used in place thereof, shall mean and include the masculine or feminine, the singular or plural number, individuals, partnerships, corporations, or fiduciaries and their and each of their respective successors, successors in trust, heirs, personal representatives and assigns, according to the context thereof. If these presents shall be signed by two or more Grantors or by two or more Grantees, all covenants of such parties shall for all purposes be joint and several unless a contrary intention is clearly expressed elsewhere herein. THIS INSTRUMENT MAY BE SIGNED IN COUNTERPARTS, each of which when taken together shall be considered one and the same agreement, binding upon all parties. For all purposes (including, without limitation, recordation, filing and delivery of this instrument), duplicate unexecuted and unacknowledged pages of the counterparts may be discarded and the remaining pages assembled as one document. IN WITNESS WHEREOF, Grantor and Grantee have executed this Limited Warranty Deed as of the day and year first above written. GRANTOR: GRANTEE: DAVID WUN ' MATTHEW CHRISTOPHER WUNG A111-1x1 MATTHEW WUN J ERIC JACOB WUNG PEGGY WATANABE APPROVED AS TO FORM: LAW OFFICES OF YEH&MOORE A Limited Liability Law Company By THOMAS L.H.YEH May 28,2021 -3- The terms "Grantor"and "Grantee," as and when used herein, or any pronouns used in place thereof, shall mean and include the masculine or feminine,the singular or plural number, individuals,partnerships, corporations, or fiduciaries and their and each of their respective successors, successors in trust,heirs,personal representatives and assigns, according to the context thereof. If these presents shall be signed by two or more Grantors or by two or more Grantees, all covenants of such parties shall for all purposes be joint and several unless a contrary intention is clearly expressed elsewhere herein, THIS INSTRUMENT MAY BE SIGNED IN COUNTERPARTS,each of which when taken together shall be considered one turd the same agreement, binding upon all parties. For all purposes (including, without litnitation, recordation, filing and delivery of this instrument), duplicate unexecuted and unacknowledged pages of the counterparts may be discarded and the remaining pages assembled as one document, IN WITNESS WHEREOF, Grantor and Grantee have executed this Limited Warranty Deed as of the day and year first above written, GRANTOR; GRANTEE: DAVID WUNG MATTHEW CEMSTOPHER WUNG MATTHEW WUNG - ERIC JACOB WUNG M1'IIJG WATANABE APPROVED AS TO FORM: LAW OFFICES On YETI&MOOltE A Limited Liability Law Company By THOMAS L.}I.YELL May 28,202I -3. The terms "Grantor" and "Grantee," as and when used herein, or any pronouns used in place thereof, shall mean and include the masculine or feminine,the singular or plural number, individuals,partnerships, corporations, or fiduciaries and their and each of their respective successors, successors in trust, heirs, personal representatives and assigns, according to the context thereof. If these presents shall be signed by two or more Grantors or by two or more Grantees, all covenants of such parties shall for all purposes be joint and several unless a contrary intention is clearly expressed elsewhere herein. THIS INSTRUMENT MAY BE SIGNED IN COUNTERPARTS, each of which when taken together shall be considered one and the same agreement, binding upon all parties. For all purposes (including, without limitation, recordation, filing and delivery of this instrument), duplicate unexecuted and unacknowledged pages of the counterparts may be discarded and the remaining pages assembled as one document. IN WITNESS WHEREOF, Grantor and Grantee have executed this Limited Warranty Deed as of the day and year first above written. GRANTOR: GRANTEE: DAVID WUNG Mt TT 4k HZ-1S-T--0­P­H—ERWUN—G N L4,TTHEW WUNG ERI ACOB WUNG PEGGY WATANABE APPROVED AS TO FORM: LAW OFFICES OF YEH&MOORE A Limited Liability Law Company By THOMAS L.H.YEH May 28,202I -3- STATE OF HAWAI'I } ) ss. COUNTY OF HAWAI'I ) On this day of �_ _ 2021, before me personally appeared DAVID WUNG, to me known or who has proven to me on the basis of satisfactory evidence to be the person described in and who executed the foregoing instrument, and who acknowledged that he executed said instrument as his free act and deed. Said instrument, entitled "LIMITED WARRANTY DEED", consists of ten 10 pages and is (not dated)(dated---j11NA B_242j_ _ _) at the time of this notary certification. In witness whereof, I have hereunto set my hand and affixed my official seal on the day and year above written. T. mil (Notary signature) oT �y10-350 (Print notary name) Talralee T.K.S. Tam k 10-354 ; �k _ �.�C, Notary Public -- �'i,���' HQQ� ��� Third Judicial Circuit ��(\`` State of Hawaii My commission expires: OCR 17 2022 -4- STATE OF HAWAI'I ) ) ss. COUNTY OF HAWAI'I } On this 9*_ day of (AN 2021, before me personally appeared MATTHEW WUNG, to me known or who has proven to me on the basis of satisfactory evidence to be the person described in and who executed the foregoing instrument, and who acknowledged that he executed said instrument as her free act and deed. Said instrument, entitled "LIMITED WARRANTY DEED", consists of ten 10 pages and is (not dated)(dated _JUN O 8 2021 ) at the time of this notary certification. In witness whereof, I have hereunto set my hand and affixed my official seal on the day and year above written. (Notary signature __..- �� 5 P, � Tairalee T.K.S.Tam �? 9 _ (Print notary name) '� _ Notary Public * 10-33� 4 Third Judicial Circuit State ofHawai'i r�° r� OCT 1 7 Z02Z My commission expires: -5- STATE OF HAWAM ) CITY& COUNTY OF HONOLULU ss. On this day of U UAA-& , 2021, before me personally appeared PEGGY WATANABE, to me known or who has proven to me on the basis of satisfactory evidence to be the person described in and who executed the foregoing instrument, and who acknowledged that she executed said instrument as her free act and deed. Said instrument, entitled "LIMITED WARRANTY DEED", consists of ten 0 d pages and is (not dated)(dated Undated _ ) at the time of this notary certification. ht witness whereof, I have hereunto set my hand and �"1 M1p�/ii,,/"� affixed my of/icial seal on the day and year ahove written. N. 0 PR Y (Notary signature) `�5� LiNDA ISI-IIMOTO 0' � (Print notary name)_ XPfEATIC7N; October 21,2022 Notary Public First Judicial Circuit [Seal] State of Hawaii My commission expires: -6- STATE OF HAWAI'I ) ) ss. COUNTY OF HAWAI'I ) On this __e--day of _, 2021, before me personally appeared MATTHEW CHRISTOPHER WUNG, to me known or who has proven to me on the basis of satisfactory evidence to be the person described in and who executed the foregoing instrument, and who acknowledged that he executed said instrument as his free act and deed. Said instrument, entitled"LIMITED WARRANTY DEED", consists of ten 10 pages and is (not dated)(dated __ JUN_0.8 2021 _ ) at the time of this notary certification. In witness whereof, I have hereunto set my hand and affixed my official seal on the day and year above written. 1; lllilllll!//�/•, i ( K K.S. (Notary signature) _ _ o�XRY * l - +� •c'��.35n�, - _ (Print notary name) Tairalee�'.K.S. 1'am Puu�` :s�4`. Notary Public Third Judicial Circuit eal J State of Hawai'i 17 2022 My commission expires: __OCT -7- STATE OF HAWAI'I ) ) ss. COUNTY OF HAWAI'I ) On this day of , 2021, before me personally ---(.I appeared ERIC JACOB WUNG, to me known or who has proven to me on the basis of satisfactory evidence to be the person described in and who executed the foregoing inshument, and who acknowledged that he executed said instrument as his free act and deed. Said instrument, entitled"LIMITED WARRANTY DEED", consists of ten 10 pages and is (not dated)(dated Jl1N 0 B 2021 ___) at the time of this notary certification. In witness whereof, I have hereunto set my hand and axed my official seal on the day and year above written. (Notary signature) q p�pRY' �1n=3{)0G - - (Print notary name) _'fairalee T.K.S.Tam '• pvDv _ Notary Public — �'T F Third Judicial Circuit State of Hawaii My commission expires: ncl A 7 N11 -8- EXHIBIT "A" Tax Map Key: (3) 2-4-003-035 All of that certain parcel of land (being portion(s) of the land(s) described in and covered by Land Patent Grant Number 10,897 to Leopold F. Stememann or heirs) situate, lying and being at Waiakea, District of South Hilo, Island and County of Hawaii, State of Hawaii, consisting of LOT A-1-A, and thus bounded and described: Beginning at the southeast corner of this parcel of land, being the south corner of Tank and Reservoir Site and on the north side of Kawailani Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI", being 12,214.50 feet South and 1,286.80 feet East, thence running by azimuths measured clockwise from true South: 1. 850 40' 85.00 feet along Kawailani Street; 2. 1750 40' 277.45 feet along Lot A-2, a portion of Grant 10,897 to Leopold F. Stememann or Heirs; 3. 850 40' 157.00 feet along Lot A-2, a portion of Grant 10,897 to Leopold F. Stememann or Heirs; 4, 1750 40' 465.68 feet along Lot 619-A-1 and Lot 619-A-2,being portions of Grant 10,897 to Leopold F. Stememann or Heirs; 5. 2650 40' 242.00 feet along Lot A-1-B; 6. 3550 40' 743.13 feet along Komohana Estates, Increment 2 and Tank and Reservoir Site, to the point of beginning and containing an area of 3.1285 acres, more or less. Being the premises acquired by LIMITED WARRANTY DEED: Grantor: DAVID WUNG, Personal Representative of the Estate of ALEXANDER WUNG, JR., aka Alexander En Sing Wung, Jr., aka Alexander E.S. Wung, Jr., Deceased, P. No. 10-1-0021, in the Circuit Court of the Third Circuit, State of Hawaii Grantee: DAVID WUNG, married, MATTHEW WUNG, married, and PEGGY WATANABE, married, as Tenants in Common Dated: September 13, 2011 Recorded: Document No. 2011-176654 -9- Said premises befflg SU13.E(1C I IOWi?VER, to the following: 1. Mineral and water rights of any nature. 2. SETBACK (10 feet wide) Purpose: Future Road Widening Along: Kawailani Street Shown on: Map of Subdivision Number 6017 (dated April 20, 1990,revised September 3, 1990), approved by the County of Hawaii on April 2, 1991. 4. The terms, covenants and conditions set forth in the following: Instrument: GRANT OF ACCESS AND UTILITY EASEMENT AND MAINTENANCE AGREEMENT Dated: February 10, 2021 Recorded: March 2, 2021 as Document No. A-77310576 Granting: Non-exclusive access and utility easement over and across Easement AU-1 (existing driveway situate upon said Lot A-1-A) in favor of Lot A-2 (adjacent land designated as TMK(3) 2-4-003-041); SUBJECT to the provisions set forth in said instrument regarding the use, maintenance and repair of said Easement AU-1. END OF EXHIBIT "A" -10- EXHIBIT "A" Tax Map Key: (3) 2-4-003-035 All of that certain parcel of land (being portion(s) of the land(s) described in and covered by Land Patent Grant Number 10,897 to Leopold F. Sternemann or heirs) situate, lying and being at Waiak.ea, District of South Hilo, Island and County of Ilawaii, State of Ilawaii, consisting of LOT A-1-A, and thus bounded and described: Beginning at the southeast corner of this parcel of land, being the south corner of Tank and Reservoir Site and on the north side of Kawailani Street, the coordinates of'said point of beginning referred to Government Survey"triangulation Station "HALAI", Being 12,214.50 feet South and 1,286.80 feet fast, thence runnitig by azimuths measured clockwise from true South: 1. 850 40' 85,00 feet along Kawailani Street; 2, 1750 40' 277.45 feet along Lot A-2, a portion of Grant 10,897 to Leopold F, Sternemann or Heirs; 3. 850 40' 157.00 feet along Lot A-2, a portion of Grant 10,897 to Leopold F. Sternemann or Heirs; 4, 175" 40' 465.68 feet along Lot 619-A-1 and Lot 619-A-2, being portions of Grant 10,897 to Leopold F. Sternemann or Heirs; 5. 2650 40' 242,00 feet along Lot A-1-B; 6. 3550 40' 743-13 feet along Komohana Estates, Increment 2 and Tank and Reservoir Site, to the point of beginning and containing an area of 3.1285 acres, more or less. Being the premises acquired by LIMITED WARRANTY DEED: Grantor: DAVID WLNG, Personal Representative of the Estate of ALEXANDER WUNG, JR., aka Alexander En Sing Wung, Jr., aka Alexander E.S. Wung, Jr., Deceased, R No. 10-1-0021, in the Circuit Court of the Third Circuit, State of Hawaii Grantee: DAVID WUNG, married, MATTHEW WUNG, married, and PEGGY WATANABE, maiTied, as Tenants in Common Dated: September 13, 2011 Recorded: Document No. 2011-176654 -9- Said premises being SLIM Cl', 110WLVE-1Z to the following: 1. Mineral and water rights of any nature. 2. SETBACK (10 feet wide) Purpose: Future Road Widening Along: Kawailani Street Shown on: Map of Subdivision Number 6017 (dated April 20, 1990, revised September 3, 1990), approved by the County of Hawaii on April 2, 1991. 4. The terms, covenants and conditions set forth in the following: Instrument: GRANT OF ACCESS AND UTILITY EASEMENT AND MAINTENANCE AGREEMENT Dated: February 10, 2021 Recorded: March 2, 2021 as Document No. A-77310576 Granting: Non-exclusive access and utility easement over and across Easement AU-1 (existing driveway situate upon said Lot A-1-A)in favor of Lot A-2 (adjacent land designated as TMK(3) 2-4-003-041); SUBJECT to the provisions set forth in said instrument regarding the use, maintenance and repair of said Easement AU-1, END OF EXHIBIT "A" -10- HAWAII FIRE DEPARTMENT . COUNTY OF HAWAII . HILO, HAWAII 96720 DATE October 17, 2022 Memorandum TO PLANNING DEPARTMENT, COUNTY OF HAWAII FROM CAPTAIN CLINTON BAYBAYAN, FIRE PREVENTION BRANCH SUBJECT: APP. NO. PL-REZ-2022-030 ON TMK: (3) 2-4-003:035 In regards to the above mentioned project, Fire Department Access and Water Supply shall comply with Chapter 18 of the 2018 Hawaii State Fire Code and Chapter 26 of the Hawaii County Code. For any questions please email Clinton.Ba ba an e,hawaiicounty.gov or call 808- 323-4761. Respectfully Submitted, gff�- Clinton Baybayan Fire Prevention Captain Fire Prevention Branch Hawaii Fire Department Planning Dept. Exhibit 3 NY.r•os h� Mitchell l}. Moth � '� Kenneth Rugado Jr. `Irrr nr f:rAr�I'.+her('hrc�/ County of Hawaii COH PLANNING DEFT POLICE DEPARTMENTOCTQCT 1D 2022 Pm2:28 349 Kapi'olani Street • Ililo,Ilawai'i 96720-3998 (808)935-331 1 • Fax(8ag)961-2389 REC'D HAND DELIVERED October 18, 2022 TO ZENDO K RN, DI CTOR, PLANNING DEPARTMENT FROM 40MAradeHe, SSISTANT POLICE CHIEF SUBJECT: CHANGE OF ZONE APPLICATION (PL-REZ-2022-000030) APPLICANT: MATTHEW C. WUNG AND ERIC J. WUNG REQUEST: AGRICULTURAL — 3 ACRES (A-3a) TO SINGLE FAMILY RESIDENTIAL — 15,000 SQUARE FEET TAX MAP KEY: (3)2-4-003:035, SOUTH HILO, HAWAII Staff, upon reviewing the provided documents, does not anticipate any impact to traffic and/or public safety concerns and has no objection to the project. Thank you for allowing us the opportunity to comment. If you have any questions, please contact Captain Sandor Finkey, South Hilo District Commander, at 561-2214 or email at candor.finkeyCd).hawaiicounty.gov. SF:Ili1221-101297 Planning Dept. Exhibit 4 "l lawari County is an Equal Opportunity Provider and Employer' Harry Kim �1N*',°_`.!+� Deanna S. Sako Mayor •��4 's Finance Director ••+T••, r?'��r*• Cl. H PLANNING DEP I �t�9f•rt•�' OCT 24 2022 AH7:57 County of Hawaii REUD HAND DELIVERED DEPARTMENT OF FINANCE-REAL PROPERTY TAX Aupuni Center • 101 Pauahi Street • Suite No.4 • Hilo,Hawaii 96720-4679 ■ Fax(808)961-8415 Appraisers(808)961-8354 Clerical(808)961-8201 • Collections(808)961-8282 West Hawaii Civic Center - 74-5044 Ane Keohokalole Hwy. • Bldg.D,2nd Flr. • Kailua Kona,Hawaii 96740 Fax(808)327-3538 • Appraisers(808)3234881 • Clerical(808)323-4880 Date: 10118/22 Tax Map Key: 2-4-003-035-0000 To: Planning Director From: Real Property Tax Office Subj: Request for Comments and/or Review Comments from the Appraisal Section: ❑ Property is receiving agricultural use value ❑ Property is dedicated to agricultural use ❑ Possible rollback taxes ® There are no comments at this time Remarks: Appraiser to Contact: Kai'ea Cann Phone: 808-961-8124 Comments from the collection section: ❑ Status of real property taxes: ® Current ❑ Delinquent 1 Amounts $ Amount includes tax, penalty & interest up to Remarks: Collection personnel to contact: Chelsea Baldado Phone: (808) 961-8204 Planning Dept. Exhibit 5 Hawaii County is an Equal Opportunity Provider and Employer Mitchell D.Roth �� y� Ramzi I. Mansour Director Mayor Lee Lord +itw�;��` Brenda Iokepa-Moses Managing Director 'or"' Deputy Director County of Hawaii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanao`a Street,Suite 41 •Hilo,Hawai'i 96720 •cohdem@hawaiicounty.gov Ph: (808)961-8083-Fax: (808)961-8086 MEMORANDUM TO: Zendo Kern, Director Planning Department FROM: Ramzi I. Mansour, Diredtor Department of Environmental Management DATE: October 28, 2022 SUBJECT: Change of Zone Application(PL-REZ-2022-000030) Request: Agricultural - 3 Acres (A-3a)to Single-Family Residential - 15,000 Square Feet(RS-15) Applicant: Matthew C. Wung and Eric J. Wung Tax Map Key: (3) 2-4-003:035; South Hilo, Hawaii The Solid Waste Division has reviewed the subject application and offers the following comments and/or recommendations (contact the Solid Waste Division for details): ( ) No comments. ( ) Commercial operations, State and Federal agencies, religious entities and non-profit organization may not use transfer stations for disposal. (X) 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. (X) 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. (X) 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 Depi Exhibit 6 County of Hawaii is an Equal Opportunity Provider and Employer Ramzi I. Mansour, Director October 28, 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"), [ ] 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:pls 2 DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LD/Russell Y. Tsuji Ref: Change of Zone Application (PL-REZ-2022-000030) Request to Change from Agricultural—3 Acres (A-3a) to Single-Family Residential— 15,000 Square Feet(RS-15) Location: 862 W. Kawailani Street,Waiakea, South Hilo, Island of Hawaii TMK(s): (3) 2-4-003:035 Applicant: County of Hawaii on behalf of Matthew C.Wung and Eric J.Wung COMMENTS The rules and regulations of the National Flood Insurance Program(NFIP), Title 44 of the Code of Federal Regulations (44CFR), are in effect when development falls within a Special Flood Hazard Area(high-risk areas). Be advised that 44CFR, Chapter 1, Subchapter B, Part 60 reflects the minimum standards as set forth by the NFIP. Local community flood ordinances may stipulate higher standards that can be more restrictive and would take precedence over the minimum NFIP standards. The owner of the project property and/or their representative is responsible to research the Flood Hazard Zone designation for the project. Flood zones subject to NFIP requirements are identified on FEMA's Flood Insurance Rate Maps (FIRM). The official FIRMS can be accessed through FEMA's Map Service Center(msc.fema.gov). Our Flood Hazard Assessment Tool (FHAT) (http://gis.hawaiinfip.org/FHAT) could also be used to research flood hazard information. If there are questions regarding the local flood ordinances,please contact the applicable County NFIP coordinating agency below: o Oahu: City and County of Honolulu, Department of Planning and Permitting (808) 768-8098. o Hawaii Island: County of Hawaii, Department of Public Works (808) 961-8327. o Maui/Molokai/Lanai County of Maui,Department of Planning (808) 270-7139. o Kauai: County of Kauai, Department of Public Works (808) 241-4849. Signed: _e*r CARTY S. CHANG, CHIEF ENGINEER Date: Nov 3, 2022 Planning Dept. Exhibit 7 SLZAN-NE D.CASE or N _ CHAIRPERSON DAVID Y.IGE 'C�'.°pje '9 Jy- BOARD OF LAND ANDNATURAL RESOURCES GOVERNOR OF HAWAII q'9�. COMMISSION ON WATER RESOURCE MANAGEMENT y8 I I ROBERT K.MAST-DA pNa FIRST DEPUTY NL KALEO MANUEL m 8 DEPUTY DIRECTOR-WATER AQUATIC RESOURCES BOATINGAND OCEAN RECREATION \ BUREAU OF CON TYANCES \\ COMMISSION ON WATER RESOURCE MANAGEMENT STATE OF HAWAII NgwAt` CONSERVATION AND COASTAL LANDS DEPARTMENT OF LAND AND NATURAL RESOURCES CONSERVATION ANDRESOURGES ENFORCEMENT ENGINEERING FORESTRY"AND WILDLIFE DIVISION OF FORESTRY AND WILDLIFE HISTORIC PRESERVATION 1151 PUNCHBOWL STREET,ROOM 325 KAHOOLAWE ISLAND RESERCE COMMISSION LAhD HONOLULU,HAWAII 96813 STATE PARKS November 9, 2022 MEMORANDUM Log no. 3850 TO: RUSSELL Y. TSUJI, Land Administrator Land Division FROM: LAINIE BERRY, Wildlife Program Manager Division of Forestry and Wildlife SUBJECT: Division of Forestry and Wildlife Comments for the Change of Zone Application (PL-REZ-2022-000030)for the Subdivision of a Parcel on Hawaii Island The Department of Land and Natural Resources,Division of Forestry and Wildlife (DOFAW)has received your request for comments for the Change of Zone Application (PL-REZ-2022-000030) from the County of Hawaii on behalf of Matthew C. Wung and Eric J Wung for the subdivision of a parcel located at 862 W. Kawailani Street, Waiakea, South Hilo, on the island of Hawaii; TMK: (3) 2-4-003:035. The proposed project consists of requesting a change of zone from the Agricultural District (A-3a) to Single-Family Residential District (RS-15) to allow for the subdivision of the approximately 136,277 square feet (SF) property into five lots, with lot sizes ranging from 20,080 SF to 45,363 SF. The applicant intends to develop a dwelling in one of the lots and eventually distribute the other lots to family members for the additional construction of single-family residential homes. The State listed Hawaiian Hoary Bat or `Ope`ape`a(Lasiurus cinereus semotus) could potentially occur at or in the vicinity of the project and may roost in nearby trees. Any required site clearing should be timed to avoid disturbance to bats during their birthing and pup rearing season (June 1 through September 15). During this period woody plants greater than 15 feet (4.6 meters) tall should not be disturbed, removed, or trimmed. Barbed wire should also be avoided for any construction because bats can become ensnared and killed by such fencing material during flight Artificial lighting can adversely impact seabirds that may pass through the area at night by causing them to become disoriented. This disorientation can result in their collision with manmade structures or the grounding of birds. For nighttime work that might be required, DOFAW recommends that all lights used to be fully shielded to minimize the attraction of seabirds. Nighttime work that requires outdoor lighting should be avoided during the seabird fledging season, from September 15 through December 15. This is the period when young seabirds take their maiden voyage to the open sea. Permanent lighting also poses a risk of seabird attraction, and Planning Dept. Exhibit 8 as such should be minimized or eliminated to protect seabird flyways and preserve the night sky. For illustrations and guidance related to seabird-friendly light styles that also protect seabirds and the dark starry skies of Hawaii, please visit https://dlnr.hawaii.gov/wildlife/files/2016/03/ DOC439.pdf. State-listed waterbirds such as the Hawaiian stilt (Himantopus mexicanus knudseni), Hawaiian coot(Fulica alai), Hawaiian Duck(Arras wyvilliana), and Hawaiian Goose (Branta sandvicensis) could potentially occur at or in the vicinity of the proposed project site. It is against State law to harm or harass these species. If any of these species are present during construction, then all activities within 100 feet(30 meters) should cease, and the bird or birds should not be approached. Work may continue after the bird or birds leave the area of their own accord. If a nest is discovered at any point,please contact the Hawaii Island Branch DOFAW Office at(808) 974-4221. The State listed Hawaiian Hawk or `Io (Buteo solitarius) may occur in the project vicinity. DOFAW recommends surveying the area to ensure no Hawaiian Hawk nests are present if trees are to be cut. `Io nests may be present during the breeding season from March to September. DOFAW recommends using native plant species for landscaping that are appropriate for the area (i.e., climate conditions are suitable for the plants to thrive, historically occurred there, etc.). Please do not plant invasive species. DOFAW also recommends referring to www.planlpono.org for guidance on the selection and evaluation of landscaping plants and for consulting the Hawai`i- Pacific Weed Risk Assessment to determine the potential invasiveness of plants proposed for use in the project. DOFAW recommends minimizing the movement of plant or soil material between worksites. Soil and plant material may contain invasive fungal pathogens (e.g., Rapid `Ohi`a Death), vertebrate and invertebrate pests (e.g., Little Fire Ants, Coqui Frogs), or invasive plant parts that could harm our native species and ecosystems. We recommend consulting the Big Island Invasive Species Committee (BIISC) at(808) 933-3340 to help plan, design, and construct the project, learn of any high-risk invasive species in the area, and ways to mitigate their spread. All equipment, materials, and personnel should be cleaned of excess soil and debris to minimize the risk of spreading invasive species. We appreciate your efforts to work with our office for the conservation of our native species. These comments are general guidelines and should not be considered comprehensive for this site or project. It is the responsibility of the applicant to do their own due diligence to avoid any negative environmental impacts. Should the scope of the project change significantly, or should it become apparent that threatened or endangered species may be impacted, please contact our staff as soon as possible. If you have any questions, please contact Paul Radley, Protected Species Habitat Conservation Planning Coordinator at(808) 295-1123 or paul.m.radleyghawaii._og_v. Sincerely, .tee a_7 LAINIE BERRY Wildlife Program Manager ag AATEje G • t D� +~ ter 19 ;94 DEPARTMENT OF WAITER SUPPLY COUNTY OF HAWAI`I 345 KEKUANAO`ASTREET, SUITE 20 HILO, HAWAI'l 96720 TELEPHONE(808)961-8050 • FAX(808)961-8657 November 16, 2022 CBH PLANNING DEPT NOV 17 2022 PH2:56 TO: Mr. Zendo Kern, Director I EC"D HAND DELIVERED Planning Department FROM: Keith K. Okamoto, Manager-Chief Engineer SUBJECT: Change of Zone Application (PL-REZ-2022-000030) Applicant—Matthew C. Wung and Eric J. Wung Request: Agricultural—3 Acres (A-3a) to Single-Family Residential— 15,000 Square Feet(RS-15) Tax Map Key 2-4-003:035 We have reviewed the subject application and have the following comments and conditions. Water can be made available from an existing 6-inch waterline along Kumuwaina Place and an existing. 8-inch waterline along Kawailani Street. In accordance with the Department's existing water availability conditions, the water availability for the proposed Iots is subject to change without notice. Therefore, pursuant to Rule 5 of the Department's Rules and Regulations, a copy of which is being forwarded to the applicant, a water commitment may be issued. Based on the four(4) additional units requested in the proposed 5-lot development,the required water commitment deposit is $600.00. Remittance by the applicant of the $600.00 is requested as soon as possible so that a water commitment may be formally issued. The commitment will be in writing with specific conditions and effective dates stated. Please keep in mind that this letter shall not be construcd as a water commitment. In ether words, unless a water commitment is officially effected, water availability is subject to change without notice, depending on the water situation. The subdivision application may be granted water service upon compliance with the fallowing conditions: I. Construct necessary water system improvements, which shall include. but not be limited to: a. service laterals that will accommodate a 5/8-inch meter to front each lot, h. subject to other agencies' requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development, the applicant Planning Dept. Exhibit 9 . Water, Our Tost Precious&sourre . . . 2(g Wai,4 Kgtw. . . The Department of Water Supply Is an Equal Opportunity provider and employer. r Mr. Zendo Kern. Director Page 2 November 16, 2022 shall be responsible for the relocation and adjustment ofthe Department's affected water system facilities, should they be necessary, and C. fire hydrants spaced no more than 600 feet apart. On dead-end streets, the last fire hvdrant shall be located at one-half the distance from the last house, or unit, fronting the property or driveway or access to the property. 2. Submit construction plans prepared by a professional engineer, registered in the State of' Hawaii, for review and approval. 3. Remit the prevailing facilities charge, which is subject to change, as shown below: FACILITIES CHARGE (FC): I" service Paid Five (5) additional units $6 095 00/unit $30,475.00 Total FC $30,475.00 This is due and payable upon completion of the installation of the required water system improvements and prior to final subdivision approval being granted. For your information, water commitment deposits are credited towards the final facilities requirement for the development. Note that the amount of water commitment deposit may exceed the prevailing facilities charge amount; for example, when requests for time extensions continue and are approved. Until the development is finally completed,these are separate and unrelated items. In the event that water commitment deposits exceed the facilities charge, no refunds are applicable. 2. Should it be necessary. the appropriate documents shall be submitted, properly prepared and executed, to convey the water system improvements and necessary easements to the \Vater Board of the County of Hawaii prior to final subdivision approval being granted. A registered land surveyor shall stamp and certify the metes and bounds description within the conveyance documents. However, prior to water meter services being granted to the development. or any lots within, the conveyance documents shall be accepted by the Water Board. Mr. I.endo Kern. Director Page 3 November 16, 2022 Should there be any questions, please contact Mr. Troy Samura of our Water Resources and Planning Branch at (SOS) 961-8070, extension 255. Sincerely yours, VA4'mo t_ . Keith K. Okamoto, P.E. Manager-Chief Engineer TS:dfg copy — Law Offices of Yeh& Kim Mr. Matthew C. Wung and Mr. Eric J. Wung(w/copy of Rule 4 of the Rules and Regulations) DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII H I LO, HAWAI I DATE: December 9, 2022 ftoxft"444W TO: Zendo Kern, Planning Director FROM: Department of Public Works, Engineering Division ' SUBJECT: CHANGE OF ZONE APPLICATION (PL-REZ-2022-000030) Request: A-3a TO RS-15 Applicant: Matthew C. Wung and Eric J. Wung TMK: 2-4-003:035 We have reviewed the subject application forwarded by your memo dated October 12, 2022, and offer the following comments for your consideration: 1. All earthwork and grading activity shall conform to Chapter 10, Erosion and Sedimentary Control, of the Hawaii County Code. 2. All driveway connections and construction within the Kawailani Street and South Kumuwaina Place Right-of-Way shall conform to Chapter 22, County Streets, of the Hawaii County Code. Access to Kawailani Street and South Kumuwaina Place, including the provision of adequate sight distances, shall meet with the approval of the Department of Public Works. 3. All development-generated runoff shall be disposed of on site and not directed toward any adjacent properties. A drainage study shall be prepared and the recommended drainage system shall be constructed meeting the approval of the Department of Public Works. The drainage study and improvements must be completed prior to the construction of any proposed structures. 4. We recommend that the applicant provide improvements to the subject property's Kawailani Street frontage to the approval of the Department of Public Works. The improvements shall be located within any established future road widening setback. 5. Install streetlights and traffic control devices as may be required by the Traffic Division, Department of Public Works. The applicant shall be responsible for the design, purchase, and installation of such devices. Planning Dept. Exhibit 10 County of Hawaii is an Equal Opportunity Provider and Employer 6. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500-year floodplain. Questions may be referred to Bryce Harada at 961-8042. County of Hawaii is an Equal Opportunity Provider and Employer SUZANNE D.CASE F ''•.1 CHAIRPERSON DAVID Y.IGE - 4.✓.•^"'•'«+.,N BOARD OF LA ND AND NATURAL RESOURCES GOVERNOR OF HAWAII 'k rFp1959 •,y1�� COMMISSION ON WATER RESOURCE MANAGEMENT N .z is } ROBE ASUDA FIRST DE,PIIT } ! M.K.\LEO NAYUEL C\P 4'y� • DEP6 Y DIRECTOR-WATER t f rf AQUATIC RESOURCES y "'..«. BOATING AND OCEAN RECREATION BUREAU OF CONVEYANCES COMMISSION WATERRESOURCEMANAGEMEN CONSERVATION T AND COASTAL LANDS STATE OF HAWAII CONSERVATION ENDGINEERIRCES NG ENFORCEMENT FORESTRY AND WILDLIFE State of ` DEPARTMENT OF LAND AND NATURAL RESOURCES HISTORIC PRESERVATION ISLAND CO KA1100LAW E ISLAND RESERVE COMMISSION LAND STATE HISTORIC'PRESERVATION DIVISION STATE PARKS KAKUHIHEWA BUILDING 601 KAMOKILA BLVD,STE 555 KAPOLEI,HAWAII 96707 December 5,2022 IN REPLY REFER TO: Zendo Kern,Director Project No.2022PRO1516 County of Hawaii,Planning Department Doc.No.2212SN04 101 Pauahi Street,Suite 3 Archaeology Hilo,HI 96720 planning@hawaiicounty.gov Dear Mr. Kern: SUBJECT: HRS Chapter 6E-42 Historic Preservation Review— Change of Zone Application Agricultural(A-3a)to Single-Family Residential(RS-15) (PL-REZ-2022-000030) Applicant: Matthew Wung and Eric Wung Waiakea Ahupua`a,South Hilo District,Island of Hawaii TMK:(3)2-4-003:035 This letter provides the State Historic Preservation Division's(SHPD's) review of the subject request for a County of Hawaii Change of Zone application. The application was received by our office on November 30, 2022. The submittal includes the County of Hawaii Rezoning application submitted by the Law Offices of Yeh and Kim on behalf of the applicants,Matthew and Eric Wung. The applicants are requesting rezoning (PL-REZ-2022-000030) of the subject parcel from Agricultural (A-3a) to Single-Family Residence (RS-15) in order to subdivide the property into five RS — 15 lots. One lot, currently improved, will be owned by Matthew Wung, another lot will be used to build a home for Eric Wung, and the remaining lots will be owned by the applicants as part of their plan for future distribution.The current project area is the entire 3.1285-acre parcel. SHPD records indicate that the project area has not been subject to an archaeological inventory survey and that no historic properties have been identified within or near the subject parcel. Based on current information, the SHPD has no objections to the requested rezoning application. SHPD requests the opportunity to review any future permit applications that may involve ground disturbance for lots created within the current parcel. Please contact Sean Naleimaile at(808)933-7651 or at sean.n.naleimaile(a hawaii.gov for any questions or concerns regarding this letter. Aloha, '44W IG�whe/_ Alan S.Downer, PhD Administrator,State Historic Preservation Division Deputy State Historic Preservation Officer cc: Maryam Palma,maryam.palmaitLhawaiicounty.gov Thomas Yeh,tlyi yehandkim.com Ronald Kim,rkim(ii yehandkimxom Planning Dept. Exhibit 11