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HomeMy WebLinkAboutPD Background Report Kaneshiro (PL-REZ-2023-046) BKaneshiroREZ.cm.8.14.23 COUNTY OF HAWAI`I PLANNING DEPARTMENT BACKGROUND REPORT SANDRA KANESHIRO CHANGE OF ZONE APPLICATION NO. PL-REZ-2023-000046 SANDRA KANESHIRO has submitted an application for a Change of Zone from an Agricultural-3 acres (A-3a)to a Family Agricultural-1 acre (FA-la) zoning district for 3.16 acres of land. The subject property is located at 605 Makalika Street, approximately 540 feet southwest (mauka) of its intersection with Railroad Avenue, Panaewa Farm Lots, South Hilo, Hawaii, TMK: (3)2-2-048:092. APPLICANT'S REQUEST 1. Applicant's Request: The applicant is requesting a Change of Zone from an Agricultural-3 acres (A-3a) to a Family Agricultural-1 acre (FA-la) for 3.16 acres of land. The FA-la zoning district, with a minimum lot size of 1 acre, would allow a maximum density of 3 lots. The Family Agricultural zoning district provides for a blend of small-scale agricultural operations associated with residential activities and which may be characterized by farm estates, small acreage farms, or subsistence lots and is intended to be in areas designated as being within the State land use agricultural district. Requirements for establishing land uses in the Family Agricultural zoning district, including a list of the variety of permitted land uses, are shown in Section 25-5-60 to 67 of the Zoning Code. (Planning Department Exhibit 1 — Zoning Code Requirements for Family Agricultural Districts) 2. Purpose for the Request: The primary purpose of the request is to subdivide the property into two lots, at a minimum of 1.4 acres each, to establish fee-simple ownership of the property. The property currently consists of two existing single-family dwellings, one of which is an approved `ohana dwelling. No additional improvements to the subject property are currently being proposed by the applicant. 3. Construction Timetable and Cost: The subdivision process will begin immediately after the rezoning request is approved. The applicant anticipates the subdivision to be approved within 3 years of the requested rezone approval. The cost associated with the -1- subdivision will be minimal, around $20,000, as it only involves subdividing the land to allow each existing single-family dwelling on its own parcel. There are currently no new developments or improvements proposed. 4. Landowners: Sandra Kaneshiro 5. Supporting Information: The applicant has submitted the following in support of their request. (Planning Department Exhibit 2—Change of Zone Application Packet dated May 3,2023) BACKGROUND INFORMATION 6. December 18, 1984: Subdivision No. 5195, was approved and created as part of the Miyamoto Subdivision-Unit 1, a 4-lot subdivision consisting of parcels ranging in size from 3.085 to 4.502 acres. 7. May 12, 1987: Ohana Dwelling Permit No. OD 87-41, was approved by the Planning Director to allow the establishment of an Ohana Dwelling on the subject property. STATE AND COUNTY PLANS 8. State Land Use (SLU) Designation: Agricultural (A). 9. County Zoning: Agricultural-3 acre (A-3a). 10. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: The General Plan LUPAG map classifies the subject property as Low Density Urban (ldu). Ldu designated properties are 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. 11. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawaii lies within the Coastal Zone Management Area. 12. Special Management Area (SMA): The Special Management Area is a part of the Coastal Zone Management Program and is regulated by the County. The subject property is located about 4 miles from the nearest shoreline and not situated within the SMA. 13. Hilo Community Development Plan (HCDP): The Hilo CDP, adopted by resolution No. 1 by the Hawaii County Planning Commission on May 21, 1975, identifies the property as situated within the South Hilo Agriculture Area. -2- DESCRIPTION OF PROPERTY AND SURROUNDING AREA 14. Subject Property: The 3.16-acre parcel is rectangular in shape and is located along the northwest side of Makalika Street, approximately 540 feet southwest (mauka) of its intersection with Railroad Avenue. The property is improved with 2 permitted single- family dwellings built in 1987 and several related accessory structures. It has extensive landscaping that includes an expansive lawn at the rear of the property. The topography is fairly level with no constraints for the proposed 2 lot subdivision. 15. Surrounding Zoning/Land Uses: The subject property and its immediate surrounding properties consists of single-family dwellings, vacant lands, and agricultural uses. The parcels immediately to the southeast, northeast, and north are zoned Agricultural-3 acres. The parcels immediately to the southwest is zoned Family-Agricultural-1 acre and to the west are zoned Agricultural-I acre. 16. Agricultural Lands of Importance to the State of Hawaii (ALISH): The subject property is classified as "Other Important Agricultural Land." 17. Land Study Bureau's Detailed Land Classification System: The soil condition within the subject property is classified as Class E soil. Class E soil is considered very poor for agricultural productivity. 18. U.S.D.A. Soil Survey: Papai, extremely cobbly that consists of highly decomposed plant material, with 2 to 10 percent slopes (PVD). 19. Flood Insurance Rate Map (FIRM): The property is classified as Flood Zone "X," (Area of Minimal Flood Hazard) according to the Federal Emergency Management Agency FIRM system. Zone "X" is an area determined to be outside the 500-year floodplain. 20. Flora/Fauna Resources: No professional flora or faunal surveys were conducted of the site due to the extensively improved nature of the subject property as a home site with related accessory structures, extensive landscaping, and an expansive lawn at the rear (north) of the property. 21. Archaeological/Historic/Cultural Resources: No archaeological features are known to exist on the subject property due to the previously impacted ground-disturbing activities associated with the residential development, extensive landscaping, and an expansive lawn. According to the applicant, while not anticipated as part of this change of zone -3- request, should any grading work be necessary, the State Historic Preservation Division will be notified, and all work shall immediately cease upon inadvertent discovery of any archaeological feature. According to the Department of Land and Natural Resources - State Historic Preservation Division, their records indicate that the project area has not been subject to any archaeological inventory survey and that no historic properties have been identified within or in the near vicinity of the subject parcel. Therefore, they have no objections to the requested rezoning application. 22. Public Access: There is no known public access to the mountain or shoreline that traverses through the subject property. 23. Traffic: The property has been fully developed with 2 existing single-family dwellings and related accessory structures and no additional development is being proposed. Therefore, there will be no increase in traffic. Further, the County Police Department does not anticipate any significant impact to traffic and/or public safety concerns. UTILITIES AND SERVICES 24. Access: Access to the subject property is off Makalika Street, which is a County-owned and maintained road with an 18-foot-wide pavement and unimproved shoulders within a 50-foot-wide right-of-way. According to the applicant, no roadway improvements will be necessary as the proposed subdivision will be accessible from the County Road. The Department of Public Works notes that all driveway connections and construction within Makalika Street shall conform to Chapter 22, County Streets, of the Hawaii County Code. 25. Water: The Department of Water Supply (DWS) is currently servicing the 2 existing single-family dwellings on the subject property with one existing water meter fronting the parcel. DWS notes that should this rezoning request be approved, the applicant will be subject to submit construction plans and design calculations prepared by a professional engineer for review and approval. Thereafter, construct all necessary water system improvements required by DWS prior to the issuance of Final Subdivision Approval. 26. Fire Prevention: According to the Fire Department, Fire Department access and water supply shall comply with Chapter 18 of the 2018 Hawai'i State Fire Code and Chapter 26 of the Hawai'i County Code. 27. Wastewater: According to the Department of Environmental Management, there is no -4- municipal sewer system servicing the subject area and the applicant shall follow Department of Health (DOH) regulations for wastewater disposal. The 2 existing single- family dwellings on the subject property are currently being serviced by their own individual wastewater septic systems that were previously approved by DOH. DOH, Wastewater Branch, had no comments on the proposal. 28. Essential Utilities and Services: Electricity, water, telephone, and cable services are available to the subject property and are currently supporting the 2 existing single-family dwellings. 29. Public Safety: The subject property is located approximately 4.5 miles from the nearest police station on Kapiolani Street and approximately 2.8 miles from the nearest fire station on Haihai Street. AGENCIES' COMMENTS 30. Department of Public Works - Engineering Division: (Planning Department Exhibit 3 —July 10,2023 Memo). 31. Department of Water Supply: (Planning Department Exhibit 4 — June 22, 2023 Memo). 32. Department of Environmental Management: (Planning Department Exhibit 5 — June 16,2023 Memo). 33. Police Department: (Planning Department Exhibit 6—June 16,2023 Memo). 34. Fire Department: (Planning Department Exhibit 7—June 14, 2023 Memo). 35. State Department of Health: (Planning Department Exhibit 8 — June 26, 2023 Memo). 36. State Department of Land and Natural Resources - State Historic Preservation Division: (Planning Department Exhibit 9—June 28, 2023 Memo). AGENCIES -NO RESPONSE 37. Real Property Tax Office. APPLICANT'S RESPONSE TO AGENCY COMMENTS 38. The applicant has submitted a response letter to comments received from the Department of Land and Natural Resources — State Historic Preservation Division, Department of Health, Department of Water Supply, Department of Environmental Management, Fire -5- Department, and Police Department. (Planning Department Exhibit 10 — July 24, 2023 Letter) PUBLIC COMMENTS 39. No public comments have been received as of the date of the writing of this report. -6- ZONING § 25-5-57 Section 25-5-57. Other regulations. (a) If any legal building site in the RA district has an area less than one-half acre, then the yard and height requirements for the building site shall be the same as the yard requirements for the RS district. (b) Plan approval shall be required prior to the construction or installation of any new structure or development, or of any addition to an existing structure or development which is used for minor agricultural products processing. (c) An ohana dwelling may be located on any building site in the RA district, as permitted under article 6, division 3 of this chapter. (d) Exceptions to the regulations for the RA district regarding heights, building site areas, building site average widths and yards, may be approved by the commission within a planned unit development pursuant to article 6, division 1 of this chapter. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 4.) Division 6. FA, Family Agricultural Districts. Section 25-5-60. Purpose and applicability. The FA (family agricultural) district provides for a blend of small-scale agricultural operations associated with residential activities and which may be characterized by farm estates, small acreage farms, or subsistence lots. The FA district is intended to be in areas designated as being within the State land use agricultural district, where public services and infrastructure are appropriate to support the very low density residential needs of a rural community and where substantial number of parcels are less than five acres in size, and where a mix of uses will not conflict with or be detrimental to existing agricultural uses in the surrounding area. In addition, this district is intended to be primarily comprised of agricultural lands less than five acres in area, which are not classified as A or B lands under the land study bureau's master productivity rating, or classified as prime, unique, or other important agricultural lands. Provided, that this district may include lands so classified if the lands are situated within an urban expansion or other urban designation under the general plan land use pattern allocation guide (LUPAG) map. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-61. Designation of FA districts. Each FA (family agricultural) district shall be designated on the zoning map by the symbol "FA' followed by a number and the lower case letter "a" which indicates the required number of acres for each building site. For example, FA-la means a family agricultural district with a minimum building site area of one acre. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Planning Dept. 25-87 Exhibit 1 § 25-5-62 HAwAI'I COUNTY CODE Section 25-5-62. Permitted uses. (a) The following uses shall be permitted in FA districts: (1) Agricultural products processing, minor, provided that the area or buildings used for such processing, shall be located at least seventy-five feet from any street. (2) Agricultural tourism as permitted under section 25-4-15. (3) Animal hospitals. (4) Aquaculture. (5) Botanical gardens, nurseries and greenhouses, seed farms, plant experimental stations, arboretums, floriculture, and similar uses dealing with the growing of plants. (6) Campgrounds, parks, playgrounds, tennis courts, swimming pools, and other similar open area recreational facilities, where none of the recreational features are entirely enclosed in a building. (7) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (8) Crop production. (9) Dwelling, single-family, as permitted under chapter 205, Hawaii Revised Statutes and as permitted under section 25-5-67(b). (10) Farm dwellings, as permitted under section 25-5-67(b) and (c). (11) Game and fish propagation. (12) Group living facilities. (13) Kennels. (14) Livestock, grazing; provided that any feed or water area, salt lick, corral, run, barn, shed, stable, house, hutch, or other enclosure for the keeping of any permitted animals shall be located at least seventy-five feet from any lot line. (15) Public uses and structures, necessary for agricultural practices. (16) Retention, restoration, rehabilitation, or improvement of buildings or sites of historic or scenic interest. (17) Riding academies, and rental or boarding stables. (18) Roadside stands for the sale of agricultural products grown on the premises. (19) Utility substations, as permitted under section 25-4-11. (20) Vehicle and equipment storage areas that are directly accessory to aquaculture, crop production, game and fish propagation, and livestock grazing. (21) Veterinary establishments. (b) The following uses may be permitted in the FA district, provided that a use permit is issued for each use: (1) 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. (2) Telecommunication antennas and towers. 25-88 ZONING § 25-5-62 (c) The following uses may be permitted in the FA district, provided that a special permit is obtained for such use if the building site is located within the State land use agricultural district: (1) Adult day care homes. (2) Bed and breakfast establishments, as permitted under section 25-4-7. (3) Community buildings, as permitted under section 25-4-11. (4) Family child care homes. (5) Home occupations, as permitted under section 25-4-13. (6) Meeting facilities. (7) Model homes, as permitted under section 25-4-8. (8) Public uses and structures, other than those necessary for agricultural practices, as provided under section 25-4-11. (9) Temporary real estate offices, as permitted under section 25-4-8. (10) Uses, other than those specifically listed in this section, which meet the standards for a special permit under chapter 205, Hawaii Revised Statutes. (d) The following uses may be permitted in the FA district, provided that either a use permit is issued for each use if the building site is outside of the State land use agricultural district or a special permit is issued for each use if the building site is within the State land use agricultural district: (1) Bed and breakfast establishments, as permitted under section 25-4-7. (2) Churches, temples and synagogues. (3) Crematoriums, funeral homes, funeral services, and mortuaries. (4) Day care centers. (5) Hospitals, sanitariums, old age, convalescent, nursing and rest homes. (6) Major outdoor amusement and recreation facilities, includes stadiums, sports arenas, and other similar open air recreational uses. (7) Medical clinics. (8) Schools. (e) Buildings and uses accessory to the uses permitted in this section shall also be permitted in the FA district. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2008, ord 08-155, sec 12; am 2010, ord 10-17, sec 5; am 2012, ord 12-28, sec 8; ord 12-124, sec 7; am 2014, ord 14-86, sec 8; am 2021, ord 21-26, sec 9; am 2021, ord 21-52, sec 8.) Section 25-5-63. Height limits. The height limit in FA districts shall be thirty-five feet for any residential structure, including any single-family dwelling or farm dwelling, and forty-five feet for all other structures. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-64. Minimum building site area. The minimum building site area in the FA district shall be one acre. Other FA districts having larger areas may be designated in increments of one acre up to a recommended maximum of five acres. (1996, ord 96-160, sec 2; ratified April 6, 1999.) 25-89 SUPP. 11 (1-2022) § 25-5-65 HAwAI'l COUNTY CODE Section 25-5-65. Minimum building site average width. Each building site in the FA district must have a minimum average width of one hundred twenty feet for the initial one acre of required area plus twenty feet for each additional acre of required area; provided that no building site shall be required to have an average width greater than three hundred feet. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-66. Minimum yards. (a) Except as otherwise provided in this section, the minimum yards in the FA district shall be thirty feet for front and rear yards and twenty feet for side yards. (b) In the FA district, accessory buildings and enclosures (other than fences under eight feet high) for the shelter and confinement of any livestock shall be at least thirty feet from the side and rear property lines. (c) Appropriate additional setbacks from adjacent residential zoned lands may be required by the director for those facilities and uses which may include more frequently used machinery and equipment in order to minimize potential lighting, odor, vector and air and water quality impacts. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-67. Other regulations. (a) If any legal building site in an FA district has an area of less than one acre, then the yard and height requirements for the building site shall be the same as the yard and height requirements in the RA district. (b) One single-family dwelling or one farm dwelling shall be permitted on any building site in the FA district. A farm dwelling is a single-family dwelling located on or used in connection with a farm or if the agricultural activity provides income to the family occupying the dwelling. (c) Additional farm dwellings may be permitted in the FA district only upon the following conditions: (1) A farm dwelling agreement for each additional farm dwelling, on a form prepared by the director, shall be executed between the owner of the building site, any lessee having a lease on the building site with a term exceeding one year from the date of the farm dwelling agreement, and the County. The agreement shall require the dwelling to be used for farm-related purposes. (2) The applicant shall submit an agricultural development and use program, farm plan or other evidence of the applicant's continual agricultural productivity or farming operation within the County to the director. Such plan shall also show how the farm dwelling will be utilized for farm-related purposes. (d) An ohana dwelling may be located on any building site in the FA district, as permitted under article 6, division 3 of this chapter. 25-90 ZONING § 25-5-67 (e) Exceptions to the regulations for the FA district regarding heights, building site areas, building site average widths and yards, may be approved by the commission within a planned unit development. (f) Plan approval shall be required prior to the construction or installation of any new structure or development, or of any addition to an existing structure or development which is used for minor agricultural products processing. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 4.) Division 7.A,Agricultural Districts. Section 25-5-70. Purpose and applicability. The A (agricultural) district provides for agricultural and very low density agriculturally-based residential use, encompassing rural areas of good to marginal agricultural and grazing land, forest land, game habitats, and areas where urbanization is not found to be appropriate. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-71. Designation of A districts. Each A (agricultural) district shall be designated on the zoning map by the symbol "A" followed by a number together with the lower case letter "a" which indicates the required or minimum number of acres for each building site. For example, A-10a means an agricultural district with a minimum building site area of ten acres. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-72. Permitted uses. (a) The following uses shall be permitted in the A district: (1) Agricultural parks. (2) Agricultural products processing, major and minor. (3) Agricultural tourism as permitted under section 25-4-15. (4) Animal hospitals. (5) Aquaculture. (6) Botanical gardens, nurseries and greenhouses, seed farms, plant experimental stations, arboretums, floriculture, and similar uses dealing with the growing of plants. (7) Campgrounds, parks, playgrounds, tennis courts, swimming pools, and other similar open area recreational facilities, where none of the recreational features are entirely enclosed in a building. (8) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (9) Crop production. (10) Dwelling, single-family, as permitted under chapter 205, Hawaii Revised Statutes and as permitted under section 25-5-77(b). (11) Farm dwellings, as permitted under section 25-5-77(b) and (c). 25-91 Daryn Arai Land Use Planning Consultant May 3, 2023 Mr. Zendo Kern, Director County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, HI 96720 Dear Director Kern: Subject: Change of Zone Application Applicant: Sandra Kaneshiro Request: A-3a to FA-la to allow for proposed 2-lot subdivision with minimum 1-acre sized lots and its related improvements TMK: 2-2-048: 092, Pana`ewa Farm Lots, Waiakea, South Hilo Accompanying this letter, we present for your consideration and processing before the Windward Planning Commission and Hawaii County Council the request by Sandra Kaneshiro for a change of zone for 3.16-acres of land to the Family Agricultural (FA-la) zoning district in support of a proposed 2-lot subdivision that will separate the two exiting single family dwellings on this property. The subject property is located at along the northern side of Makalika Street within a portion of Pana`ewa Farm Lots, approximately 465 feet from its intersection with Railroad Avenue in the City of Hilo. Pursuant to your application requirements to be filed via the EPIC system, please find accompanying this letter the following: a. Original of the completed Change of Zone application form, questionnaire, and Background and County environmental report that includes a location map and site plan; b. Description of the subject property in map and written form by metes & bounds as prepared by a licensed surveyor; and c. List of the surrounding property owners within 1,000 feet of the subject property. Should you have questions on this matter, please feel free to contact me. Thank you very much. Sincerely, Daryn Arai copy via email: Sandra Kaneshiro Tyler Kaneshiro HILO HAWAII 96720 Pla n n i n g Dept. 95-3218 EMAIL:DARYN.ARAI@OUnOOK.COM Exhibit 2 CHANGE OF ZONE APPLICATION Applicant: SANDRA KANESHIRO Request: A-3a to FA-1a Tax Map Key: (3) 2-2-048:092 Pana`ewa Farm Lots, WaiRea, South Hilo District Hawaii Island Prepared by: Daryn Arai, Planning Consultant May 2023 CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Sandra Kaneshiro APPLICANT'S SIGNATURE: (see attached letter) DATE: May 2, 2023 ADDRESS: PO Box 4581 (mailing address) 605 Makalika Street(street address) Hilo, HI 96720 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (808) 936-9977 (Res.) (Fax)Faithhope56@gmail.com LANDOWNER(S): Sandra Kaneshiro LANDOWNER SIGNATURE(S): (see attached letter) DATE: May 2, 2023 PO Box 4581 mailin e address LANDOWNER(S) ADDRESS: (mailing ) Hilo, HI 96720 REQUEST: Agricultural-3 acres (A-3a) TO Family Agricultural-1 acre (FA-la) Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) 2 - 2 - 048 : 092 STREET ADDRESS OF PROPERTY: 605 Makalika Street Hilo, HI 96720 SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 3.16 acres AGENT: Daryn Arai ADDRESS: PO Box 4501 Hilo, Hawaii 96720 email: Daryn.Arai@outlook.com TELEPHONE:(Bus.) (808) 895-3218 (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Applicant COPIES: Agent TO WHOM IT MAY CONCERN: The undersigned below is the current owner of that 3.16-acre property identified as TMK: 2-2- 048:090 that is located within the Panaewa Farm Lots in Waiakea, South Hilo. As owner of the subject property, I hereby authorize the filing of a Change of Zone application affecting the above-described property into the Family Agricultural-1 acre (FA-1a) zoning district in order to facilitate its subdivision into two separate parcels. By this letter, I also authorize Daryn Arai, Land Use Planning Consultant, to assist us with the processing of this application before the County of Hawaii. andra Kaneshiro Date PO Box 4581 Hilo, Hawaii 96720 ATTACHMENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE I. If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? YES If yes, please answer the rest of question I and then to question 3. a. How many acres of the requested area do you intend to subdivide? 3.16 b. Into what lot sizes? min 1.4± ac. c. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? 6 months d. Do you intend to build houses on the newly created lots? NO If yes, please answer the following questions: On how many of those lots? At what approximate price range? House Lot Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. included 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? N/A b. Sell or lease the land to someone who has tentative plans? N/A c. Sell or lease the land to someone who has no plans? N/A d. Keep it? N/A e. Other(please state) P.D.2 5/84 1 f. If you intend to do either a, b or c, please elaborate on the kind of plans the other party has. Please also include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. N/A 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? NO How? 4. Are there any buildings on the subject area? YES If so, what kind?Two existing single-family dwellings along with accessory buildings, such as storage and garage. What do you intend to do with those buildings if your request is approved? Each existing single-family dwelling and its related accessory structures will be associated with one of the parcels to be created as part of the subdivision. 5. Is the subject land currently being used for any agricultural activity? NO If so, please list the kinds of products grown and on how many square feet or acres of land per product. 6. Was your request to allow for the creation of small agricultural lots? NO If so, did your plan include the following considerations? a. Commodity to be produced? N/A What kinds of commodity? b. Suitability of the proposed lot-size for that commodity? NO 2 c. Sufficient farm size to allow reasonable chance of success in commercial agriculture? NO d. Agricultural leases or other forms of assurance that potential buyers or leases will would put the subject area into some form of agricultural use? NONE Please state the proposed type of arrangement. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. N/A If you do not intend to subdivide the subject land for some sort of Agricultural purpose, please state your other reasons. Proposed subdivision is primarily for estate planning purposes, to allow each existing dwelling to occupy its own fee simple portion of land. 7. To your knowledge, has there been any flooding and/or drainage problem on the subject area? NO If so, please describe the problem. 8. Do you think that the roads leading up to the subject area needs improvements? NO If so, what kind? Is the road adequate for the proposed traffic volume or bad? YES 9. What sort of government assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools X b. Roads X c. Sewer X d. Drainage X 3 e. Police Protection X f. Fire Protection X g. Recreational Facilities X h. Public Utilities X i. Other X For those checked "yes", phase elaborate what type or kinds of improvements and/or assistance are needed. Signature: (see attach authorization from Sandra Kaneshiro) Address: PO Box4581, Hilo HI 96720 Telephone: (808) 936-9977 Date: May 2, 2023 4 DESCRIPTION BOUNDARY LOT 2-C Miyamoto Subdivision—Unit I Approved by the Planning Director December 18, 1984 as Subdivision Number 5195 County of Hawai'i, Hawaii All of that certain parcel of land(Being a portion of Grant 13,030 to Tsugio and Asako Miyamoto,being also a portion of Lot 2,Panaewa Farm Lots)Situate at Waiakea,South Hilo,Island,County and State of Hawai'I,being Lot 2-C of Miyamoto Subdivision,Unit I described as follows: Beginning at the southwest corner of this parcel of land,being also the southeast comer of Lot 2-B and on the northerly side of Makalika Street,the coordinates of said Point of Beginning referred to Government Survey Triangulation Station"HALAI"being 15,908.51 feet south and 15,746.79 feet east,thence running by azimuths measured clockwise from True South: 1. 1610 00' 853.00 feet along the remainder of the Grant 13,030 to Tsugio and Asako Miyamoto(Lots 2-B and 2-D); 2. 2510 00' 161.48 feet along the remainder of the Grant 13,030 to Tsugio and Asako Miyamoto(Lot 2-E); 3. 3410 00' 833.00 feet Along same; 4. Thence along same on a curve to the right having a radius of 20.00 feet,the chord azimuth and distance being:26'00'28.28 feet; 5. 710 00' 141.48 feet along Makalika Street to the Point of Beginning and containing an area of 3.160 acres,more or less. R Nq,9 THIS WORK WAS PREPARED BY JCS '9� ME OR UNDER MY SUPERVISION LICENSED < PROFESSIONAL < it LAND ,t SURVEYOR No.13956 - igmhure Expiration Date of License: 04-30-2024 F p�1`l'A 11 Ly•`'P 04l301 Z - Engineering Partners,INC 455 E.Lanikaula St.,Hilo,HI 96720 May 9,2023 Page 1 of 1 ENVIRONMENTAL REPORT CHANGE OF ZONE APPLICATION Applicant: SANDRA KANESHIRO Request: A-3a to FA-1a Tax Map Key: (3) 2-2-048:092 Pana`ewa Farm Lots, WaiRea, South Hilo District Hawaii Island Prepared by: Daryn Arai, Planning Consultant May 2023 Table of Contents A. DETAILS OF PROPOSED USE/ DEVELOPMENT..............................................................................1 1. Applicant's Request ..........................................................................................................................1 2. Location of Property.........................................................................................................................1 3. Statement of Objectives and reasons for the request......................................................................3 4. Proposed Project Details...................................................................................................................3 5. Timeframe and cost..........................................................................................................................5 B. HISTORICAL PROPERTY INFORMATION........................................................................................5 6. Subdivision No. 5195.........................................................................................................................5 C. LAND USE AND OTHER REGULATORY CONSIDERATIONS..............................................................5 7. State Land Use Designation..............................................................................................................5 8. Current County Zoning......................................................................................................................5 9. General Plan Land Use Pattern Allocation Guide (LUPAG) Map.......................................................7 10. Coastal Zone Management, HRS, Chapter 205A...............................................................................7 11. Special Management Area (SMA).....................................................................................................8 D. DESCRIPTION OF PROPERTY AND SURROUNDING AREA...............................................................8 12. Subject Property...............................................................................................................................8 13. Surrounding Zoning/Land Uses.........................................................................................................9 14. ALISH: Other Important Agricultural Lands......................................................................................9 15. Land Study Bureau's Detailed Land Classification System................................................................9 16. US Soil Survey....................................................................................................................................9 17. FIRM..................................................................................................................................................9 18. Flora/Fauna Resources....................................................................................................................10 19. Archaeological Resources...............................................................................................................10 20. Cultural or Native Gathering Rights................................................................................................10 21. Public Access...................................................................................................................................10 E. PUBLIC UTILITIES AND SERVICES................................................................................................10 22. Access:.............................................................................................................................................10 23. Traffic:.............................................................................................................................................10 24. Water..............................................................................................................................................11 25. Wastewater.....................................................................................................................................11 27. Essential Utilities and Services........................................................................................................11 28. Public Safety....................................................................................................................................11 F. STATEMENT IN SUPPORT OF CHANGE OF ZONE REQUEST..........................................................12 22. HAWAI`I COUNTY GENERAL PLAN ..................................................................................................12 23. PUBLIC SERVICES AND UTILITIES.....................................................................................................13 24. COASTAL ZONE MANAGEMENT......................................................................................................14 25. CONCLUSION...................................................................................................................................15 COUNTY ENVIRONMENTAL REPORT IN SUPPORT OF CHANGE OF ZONE APPLICATION FOR SANDRA KANESHIRO Affecting Tax Map Key: (3) 2-2-048:092; Pana`ewa Farm Lots,Waiakea,South Hilo A. DETAILS OF PROPOSED USE/ DEVELOPMENT 1. Applicant's Request Sandra Kaneshiro, hereinafter referred to as "Applicant", is requesting a change of zone for 3.16 acres of land from an Agricultural-3 acres (A-3a) to a Family Agricultural (FA-1a) zoning district in order to allow for the subdivision of the subject property into 2 lots, each of which will accommodate one of the two existing single-family dwellings for estate planning purposes. 2. Location of Property The subject property is located at along the northern side of Makalika Street within a portion of Pana`ewa Farm Lots, approximately 465 feet from its intersection with Railroad Avenue, and identified as TMK: 2-2-048: 092 (refer to Figure 1 - Location Map and Figure 2 -Tax Map below). Ile.i:r G..s!i:i Milli Imili!W SUBJECT PROPERTY Figure 1 - Location Map 1 Page - !Y crN J L A 'v Pi !kip a30] wLrf r aGxeN vMa VN rd � "p i W N k i �k�8. ��ii'ti T S v1j2 1� 9 a w e flit. 41 LU .i rn nN LU J �fxt, * by ,r u r v if y a n a : � � �z �•o `i_ `tir .P Cl21 a.,ld.J-ax l OM4a]OAl ,_ „ 4 drl� rl:/+3]30NrM nrob li .w�wr -�• ac� �,l���� � Figure 2 -Tax Map 2 Page 3. Statement of Objectives and reasons for the request The purpose for the requested change of zone is quite simple and straight forward; to allow for the subdivision of the 3.16-acre property into two lots, each of which will accommodate one of two existing single-family dwellings on the parent parcel. While the requested zoning could support the subdivision of a 311 lot, the location of existing improvements and the need for a minimum 20-foot wide road to support a 3 d lot is physically impractical. Applicant would be amendable to a condition that would prohibit the issuance of a variance from the minimum requirements of the Zoning and Subdivision Codes. 4. Proposed Protect Details (see Figure 3—Site and Proposed Subdivision Plan) a. Proposed Subdivision: subdivision of 3.16-acre property into two lots, each of which will maintain a minimum lot size of at least 1.30-acres in order to properly site the existing single-family dwellings and conform with required minimum yard setbacks. b. Existing site improvements: i. No site development or improvements are proposed as part of this change of zone action given its estate planning objectives. ii. There is an existing access driveway to both existing dwellings, which will be encumbered by a minimum 15-foot wide access and utility easement across proposed Lot 1 in favor of Lot 2. iii. The subject property, and likewise the two existing single-family dwellings and the two proposed lots, are currently served by all necessary utilities and services, such as electricity, water, cable, telephone and wastewater disposal (septic). iv. Existing 4-bedroom, 1,836 square-foot single-family dwelling located closest to Makalika Street on proposed Lot 1 was completed in 1987. V. Existing 5-bedroom, 4,428 square-foot single family dwelling located on proposed Lot 2 was completed in 1988. vi. Various carport and utility shed structures situated between the two single family dwellings were constructed over the intervening years from 1987 through the early 1990s. 3 Page PACIFIC 0 C E A N�7- PROTECT BOUNDARY YNll 1.S-BUILT NLAP _ LOCA I ION _ LOT PO IO AOF LOT 2.PIN ASIO_ UNIT 1 'ry G PORTION) ) \--,1 W �ILTTS t� rl-i,roo ro uc Q. o s c. nnloTOl gib SOUTH H1L0..I5L:1ND OF H:1R':1I'I,H—'I 6-- Gy<iO P A C I F I C O C E A N SITE BIG ISLAND MAP VICINIl Y MAP Omo�o - A v� ""°`°°m�'e s1I 00 0a- s3s0a' +rn oe, "".`•• IP 1 �me_ --- - -- 0 9 ryo..�m.,se �_o o td\ . -�� n o Do ° � I c �InI r � z �anrt yr oo...... 0 A_! "oge�.�ma,9 - s= Te SUR'RF-ORS NOTES:V° viz Po sue Ten 2 TI 1,1, nwA a sntems:e����qe In ew s.�i to uawol�o ,e-. �"I�a��eeal wa:Iewate, Po�el..mee.Isslssonlsl.enen��a amelo9%9%solE. t St I. omre wea:ae oI wwI",1 p oPeC— —tv a. Ine reel �: Too oole�N,Imae,z3 zo9,� ,,.a to��mme�I o, o>o t t 9-1—, e�ee ly .o�,o a�a t o�9 a ass 59 IL./—9oa�o� �� w�emote �t ee�e =ePt �ee Q ENGINEERING I M,ldt palm�, �9 o I9 e a ze 9 s9.It I/-90 0�oI tot 9_I L1 -P A R T N E R S S!Ns-Matautra Sheet,Sao,ul 99I4o a. lidos ln0o non e�+n.n �I9.o�ea A 30 �e t N 'u - �aaeo��tY-9oi �I�P 5. Timeframe and cost Upon approval of the change of zone request, the Applicant will promptly file a subdivision application with approval anticipated within three years from the effective date of the requested zone change. Associated cost is minimal, probably less than $20,000, as the subdivision action is to simply place each existing single-family dwelling onto its own separate parcels. B. HISTORICAL PROPERTY INFORMATION 6. December 18, 1984: Subdivision No. 5195 The subject property was created as part of the Miyamoto Subdivision-Unit I, a 4-lot subdivision consisting of parcels ranging in size from 3.085 to 4.502 acres. C. LAND USE AND OTHER REGULATORY CONSIDERATIONS 7. State Land Use Designation: Agricultural. The subject property is situated within an area designated for Agricultural uses by the State Land Use Commission. Please note, however, that directly across the street along the southern side of Makalika Street are lands designated for Urban uses, as shown on Figure 4—State Land Use 8. Current County Zoning:Agricultural-3 acres minimum lot size (A-3a) The Agricultural (A) zoning district provides for agricultural and very low density agriculturally-based residential use, encompassing rural areas of good to marginal agricultural and grazing land, forest land, game habitats, and areas where urbanization is not found to be appropriate. (see Figure 5 -Current Area Zoning) The concurrency provision of Section 25-2-46 of the Hawaii County Zoning Code establishes standards for roads, water supply, and civil defense sirens that must be met and/or addressed as part of all rezoning applications. Suffice to say, the request is consistent with these standards and will be discussed in detail relative to the water, traffic, and public safety portions of this report. 5 Page SUBJECT ER AGRIC L y \ i h Ub , ti CONSERVATIO AGRIC TURAL f Figure 4—State Land Use A-U SUBJE \« A 1, A-Sa A-3a A 1a ^' � �- _I z` A-10a -3a �y road) y A- A 3a Figure 5—Current Area Zoning 6 Page 9. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Low Density Urban The County of Hawai'i General Plan is the policy document for the long-range comprehensive development of the island of Hawai'i. The General Plan Land Use Pattern Allocation Guide (LUPAG) map classifies the subject property and immediately surrounding area for Low Density Urban uses according to the County's Geographic Information System (GIS), which allows for residential uses, with ancillary community and public uses, and neighborhood and convenience-type commercial uses with overall residential densities up to six units per acre. (see Figure 6-General Plan LUPAG Map) V SUBJECT P E —n P 1 c� v w i ... t Figure 6—General Plan LUPAG Map 10. Coastal Zone Management, HRS, Chapter 205A The entire State of Hawai'i lies within the Coastal Zone Management area. The intent of the Coastal Zone Management Program is to guide and regulate public and private uses in the coastal zone management area with respect to recreational resources, historic resources, public access to the shoreline, scenic and open space resources, coastal 7 Page ecosystems, marine resources, economic uses, coastal hazards, managing development, public participation, and beach protection. 11. Special Management Area (SMA) The Special Management Area (SMA) is a part of the Coastal Zone Management Program that is regulated by the County, established to promote the State's policy to preserve, protect, and where possible, to restore the natural resources of the coastal zone of Hawai'i. 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 ensure that adequate public access is provided to public-owned or used beaches, recreation areas, and natural reserves, by dedication or other means. The subject property is not situated within the SMA and is located at least 2.8 miles from the nearest SMA boundary situated near Waiakea Pond and the Wailoa State Park complex. D. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 12. Subject Property The property is rectangular in shape and 3.17-acres in size and fully improved with two existing single-family dwellings and related structures and extensive landscaping, including an expansive lawn at the rear of the property. (see Figure 7 -Aerial Site Map) 1 1 t p m"Fgp e�Y41 i��` U Figure 7—Aerial Site Map 8 Page 13. Surrounding Zoning/Land Uses The subject property is located along the north side of Makalika Street within a portion of the Pana`ewa Farm Lots, which maintains a mixture of Agricultural (A), Family Agricultural (FA) and Rural Agricultural (RA) zoning designations, with lot sizes ranging between one (1) and in excess of ten (10) acres. As shown on Figure 4 -Current Area Zoning, the subject property is immediately surrounded by parcels maintaining A-3a zoning immediately to the east, A-1a zoning to the north and northwest, and FA-1a zoning to the west. The adjoining 6-lot subdivision immediately to the west of the subject property was zoned FA-1a in 1999 and eventually subdivided in 2004. 14.ALISH: Other Important Agricultural Lands The subject property is classified as Other Agricultural Lands of Importance to the State of Hawai'i, which consists of agricultural lands other than Prime or Unique Agricultural Land that is of state-wide or local importance for the production of food, feed, fiber and forage crops. The lands in this classification are important to agriculture in Hawaii yet they exhibit properties, such as seasonal wetness, erodibility, limited rooting zone, slope, flooding, or droughtiness, that exclude them from the Prime or Unique Agricultural Land classifications. 15. Land Study Bureau's Detailed Land Classification System Soils within the subject property are classified as having very poor agricultural productivity rating (Class E soils). 16. US Soil Survey: Papai extremely cobbly highly decomposed plant material, 2-10 percent slopes(628) These soils consist of well-drained, thin, extremely stony organic soils over fragmental A`a lava. Permeability is rapid, runoff is slow, and he erosion hazard is slight. Papai soils are generally used for woodland. Small areas are used for pasture, orchards, and truck crops. 17. FIRM Zone "X" -determined to be outside the 500-year flood plain. There are no known existing drainageways that traverse through the subject property. 9 Page 18. Flora/Fauna Resources No professional flora or faunal surveys were conducted of the site due to the extensively improved nature of the subject property as homesites, with related structural improvements and extensive landscaping. 19.Archaeological Resources No archaeological features are known to exist on the subject property due to the extensively improved nature of the subject property as homesites, with related structural improvements and extensive landscaping. While not anticipated as part of this change of zone request, should any grading work be necessary, the State Historic Preservation Division will be notified and all work shall immediately cease upon inadvertent discovery of any archaeological feature. 20. Cultural or Native Gathering Rights According to the Applicant, there are no known customary or Native Hawaiian cultural rights exercised within the subject property due to its current and historical use as homesites and its extensively improved condition. 21. Public Access There is no record of a designated public access to the shoreline or mountain areas that traverses the subject property. E. PUBLIC UTILITIES AND SERVICES 22.Access: Access to the subject property is from Makalika Road, a County-maintained roadway with a roughly 18-foot wide pavement and unimproved shoulders within an approximately 50-foot wide right-of-way. 23.Traffic: Section 25-2-46(d)(1) of the concurrency provision requires a Traffic Impact Analysis Report (TZAR) as part of any rezoning application in situations where the projected use can generate 50 or more peak hour trips. Given the small scale and scope of the project limited to a proposed 2 lot subdivision to allow for each lot to accommodate one of the 101 Page two existing single-family dwellings, a TIAR was not performed as the project does not invoke the County's concurrency requirements. 24. Water County water is currently servicing the two existing single-family dwellings via two (2) existing water meters. No further units of water are necessary to support the proposed 2-lot subdivision. 25. Wastewater There is no municipal sewer system servicing the subject area. The two existing single- family dwellings are currently being serviced by existing septic systems. 26. Solid Waste Solid waste will be handled through commercial haulers or disposal by the landowner into authorized landfill sites or transfer stations. Since no construction-related activities are associated with the requested action, all solid waste generated is domestic, household trash. 27. Essential Utilities and Services Other utilities, such as electrical, cable and telephone services, are available to the subject property and currently supporting the two existing single-family dwellings. Being located within the City of Hilo, the subject property is adequately serviced by various utility services. 28. Public Safety The subject property, being located within the City of Hilo, is adequately serviced by existing public safety facilities, such as Fire Station No. 3 on Haihai Street about 2.8 miles away and the main Police Department located about 4.5 miles away. The County's concurrency requirements regarding civil defense sirens do not apply to the project as it is not proposing commercial or industrial activities equal to or greater than 35,000 square feet of gross floor area or introducing more than 24 residential units [Section 25- 2-46(o), Hawaii County Code. 111 Page F. STATEMENT IN SUPPORT OF CHANGE OF ZONE REQUEST 22. HAWAH COUNTY GENERAL PLAN In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through a comprehensive policy analysis approach that evaluations and decisions can be made to better time or stage developments to achieve quality growth. The implications of these evaluations and decisions must also be considered as they may have an impact on other similar areas in the County. Land use is one of the principal focal points of public concern and policy. The Land Use Element of the General Plan provides the primary basis for direct control and guidance of publicly and privately owned resources. It is also intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall Land Use goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. In addition to its goals, policies and standards, the General Plan also includes the Land Use Pattern Allocation Guide (LUPAG) Map, which is a graphic representation of the document's goals and policies to guide the coordinated growth and development of all sectors of the County by presenting a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non- urban form for areas within the County. The subject property is designated for Low Density Urban uses which typically consist of residential units with a unit density of up to six (6) units per acre of land, with ancillary community and public uses, and neighborhood and convenience-type commercial uses. While the change of zone request is consistent with the LUPAG map designation for this particular area of the Pana`ewa Farm Lots and the adjoining 6-lot subdivision to the west that was similarly rezoned in 1999, the intent of this specific 12 age change of zone request is to separate two (2) existing single-family dwellings situated within the 3.16-acre property into their own separate properties for estate planning purposes. Physically, the net effect of this change of zone request will result in no change of use of the existing property. There are many goals, policies, standards and courses of actions within the General Plan that speak towards the protection of important agricultural lands within the County, and it would be insincere to present this change of zone request in any manner more than that simply a matter of estate planning to partition a piece of land so that two existing single-family dwellings will maintain their own separate lots. Given the LUPAG Map designation of Low Density Urban for this particular area of the Pana`ewa Farm Lots, the requested change of zone would be consistent in maximizing choices of single-family residential lots for our island residents by breaking a larger lot with two existing homes into separate homesites, making it more affordable given today's real estate prices. Overall, the requested change of zone to a Family-Agricultural (FA-1a) zoning district would be appropriate land use pattern in this particular area due to its close proximity to State Land Use Urban designated lands along the south side of Makalika Street, directly across the subject property, similar zoned lands immediately adjacent to the west, and simply because the existing use of the property will continue as residential homesites should this change of zone request be approved. 23. PUBLIC SERVICES AND UTILITIES Access to the subject property is provided by Makalika Street, a County- maintained roadway having a pavement width of approximately 18 feet within a 50-foot wide right-of-way. Within the subject property is an existing driveway that services both existing single-family dwellings. Upon subdivision of the property into the two (2) requested lots each accommodating one of the existing single-family dwellings, a 15- foot wide access and utility easement will be established over the existing driveway to ensure access to both proposed lots. No new driveway access onto Makalika Street will be required. 13 1 Page County water is currently servicing both existing single-family dwellings on the subject property. No further water service is necessary. Wastewater is currently being accommodated by two existing septic systems. As the property is very flat and extensively improved for single-family residential uses and landscaped, there are no severe geological or topographical problems within the subject property that cannot be properly rectified or which would render the land unusable for its intended purposes. According to the Flood Insurance Rate Map (FIRM) prepared by the Federal Emergency Management Agency (FEMA), the subject area is within Zone X, an area determined to be outside the 500-year flood plain. The subject property is also located outside of any coastal flooding zone or tsunami evacuation area. Therefore, for the reasons stated above, approval of this change of zone request will conform to the following goals, policies and standards of the Land Use Element of the General Plan: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. • Zone urban-types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. this request will also conform to the following relevant goals and policy 24. COASTAL ZONE MANAGEMENT This change of zone request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The subject property is not situated within the SMA, being located at least 2.8 miles from any lands that are situated within 14 Page the SMA. For this reason, the subject property is not subject to any coastal hazard nor anticipate to have any adverse impact upon coastal resources. There is no record of a designated public access that traverses the property. As the site has been previously cleared and completely developed as a residential homesite, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa`akai O Ka`Aina" decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site. As the subject property has been physically altered and extensively improved and landscaped as a homesite with two single-family dwellings and related improvements, it is unlikely that there are any valued cultural, historical, and natural resources to be found within the property. For this reason, the Applicant could find no evidence of any possible adverse effects or impairments that will occur to any valued resources should this change of zone request be approved. Should the Applicant inadvertently encounter any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials, the Applicant agree to cease any work in the immediate area and contact the Department of Land and Natural Resources-State Historic Preservation Division (DLNR-HPD), resuming activities only upon securing archaeological clearance from DLNR-HPD when it finds that sufficient mitigation measures have been taken. 25. CONCLUSION Based on the discussion above, the Applicant find that approval of this Change of Zone request from Agricultural-minimum 3-acre lot size (A-3a) to a Family Agricultural- 1 acre (FA-1a) zoning district will conform to the goals, policies and standards of the General Plan and will not have a significant adverse impact upon coastal resources; and would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. 15 1 Page DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: July 10, 2023 TO: Zendo Kern, Planning Director FROM: Department of Public Works, Engineering Division 01-\- SUBJECT: Change of Zone Application (PL-REZ-2023-000046) Request: Agricultural — 3 Acres (A-3a) to Family Agricultural — 1 Acre (FA-1 a) Applicant: Sandra Kaneshiro Tax Map Key: (3) 2-2-048.092 We have reviewed your submittal dated June 13, 2023 and offer the following comments for your consideration: 1. All activities shall comply with the requirements of Hawaii County Code (HCC), Chapter 10, Erosion and Sedimentary Control. 2. 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, Engineering Division. 3. 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. 4. All driveway connections and construction within Makalika Street shall conform to Chapter 22, County Streets, of the Hawaii County Code. Questions may be referred to Robyn Matsumoto at 961-8924. Planning Dept. Exhibit it 3 - County of Ha-,,aii is an Equal Opportunity Provider and Employer + OF WAPEg 9G tf! ;40 DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAVI 345 KEKUANAO'ASTREET, SUITE 20 • HILO, HAWAI'I 96720 TELEPHONE (808)961-8050 • FAX(808)961-8657 June 22, 2023 TO: Mr. Zendo Kern, Director Planning Department FROM: Keith K. Okamoto, Manager-Chief Engineer SUBJECT: Change of Zone Application (PL-REZ-2023-000046) Request: A-3a to FA-la Applicant: Sandra Kaneshiro Tax Map Key (3) 2-2-048:092 We have reviewed the subject application and have the following comments and conditions. Please be informed that there is one (1) 5/8-inch meter serving the subject parcel, which is limited to one (1) unit of water. For your information, one (1) unit of water is equal to an average daily usage of 400 gallons, which is suitable for only one (1) single-family dwelling. Water can be made available from an existing 6-inch waterline along Makalika Street fronting the subject parcel in accordance with the Department's existing water availability conditions, which are subject to change without notice. Therefore, pursuant to Rule 5 of the Department's Rules and Regulations, a copy of which is being forwarded to the applicant, a water commitment may be issued. Based on the three (3) additional units of water (three dwellings) requested in the proposed 2-lot unit development, the required water commitment deposit is $450.00. Remittance by the applicant of the deposit is requested as soon as possible so that a water commitment may be formally issued. The commitment will be in writing with specific conditions and effective dates stated. Please keep in mind that this letter shall not be construed as a water commitment. In other words, unless a water commitment is officially effected, water availability is subject to change without notice, depending on the water situation. For the applicant's information, final subdivision approval will be subject to compliance with the following requirements: Planning Dept. • . . Water, Our914ost Precious Xesource. . . Ka WaiA Kane. . . Exhibit 4 The Department of Water Supply is an Equal Opportunity provider and employer. Mr. Zendo Kern, Director Page 2 June 22, 2023 1. Construct necessary water system improvements, which shall include, but not be limited to: a. service lateral that will accommodate a 1-inch meter to front the additional lot, b. fire hydrants spaced no more than 600 feet apart and within 300 feet of the driveway or access for each lot. On dead-end streets, the last fire hydrant shall be located at one half the distance from the last house, or unit, fronting the property line, or to the driveway or access for the property, and C. subject to other agencies' requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development, the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities, should they be necessary, and Submit construction plans and design calculations prepared by a professional engineer, licensed in the State of Hawai`i, for review and approval. 2. Remit the prevailing facilities charge, which is subject to change, as shown below: FACILITIES CHARGE (FC): I existing service 0.00 3 additional units k $6,095.00/unit $18 285 00 Total FC $18,285.00 These are due and payable upon completion of the installation of the required water system improvements and prior to final subdivision approval being granted. For your information, water commitment deposits are credited towards the final facilities requirement for the development. Note that the amount of water commitment deposit may exceed the prevailing facilities charge amount; for example, when requests for time extensions continue and are approved. Until the development is finally completed, these are separate and unrelated items. In the event that water commitment deposits exceed the facilities charge, no refunds are applicable. 3. Should it be necessary, submit the appropriate documents, properly prepared and executed,to convey the water system improvements and necessary easements to the Water Board of the County of Hawaii prior to final subdivision approval being granted. A registered land surveyor shall stamp and certify the metes and bounds description within the conveyance documents. However, prior to water meter services being granted to the development, or any lots within, the conveyance documents shall be accepted by the Water Board. Mr. Zendo Kern, Director Page 3 June 22, 2023 Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at (808) 961-8070, extension 256. Sincerely yours, P-t- J Keith K. Okamoto, P.E. Manager-Chief Engineer RQ:dfg copy — Ms. Sandra Kaneshiro (w/copy of Rule 5 of the Rules and Regulations) Mr. Daryn Arai Mitchell D.Roth '���' y�; Ramzi I. Mansour Mayor ;, Director Lee Lord ' Brenda Iokepa-Moses Managing Director 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, Directow& "z• �� Department of Environmental Management DATE: June 16, 2023 SUBJECT: Change of Zone Application(PL-REZ-2023-000046) Request: Agricultural—3 Acres (A-3a) to Family Agricultural— 1 Acre (FA-1 a) Applicant: Sandra Kaneshiro Tax Map Key: (3) 2-2-048:092, South Hilo, Hawaii The Solid Waste Division has reviewed the subject application and has no comments. The Wastewater Division has reviewed the subject application and offers the following comments and/or recommendations (contact the Wastewater Division for details): • No County sewer system in area. Applicant shall follow Hawaii Department of Health, and all other applicable federal, state, and county regulations. Planning Dept. County of Hawaii is an Equal Opportunity Provider and Employer Exhibit 5 S. t JNSV,Us h�Y Mitchell D. Roth Benjamin T. Moszkowicz Mayor Police Chle/ ,rEOsN►J, County of Hawai i POLICE DEPARTMENT 349 Kapi olani Strect • Hilo,I lawari 96720-3998 (808)935-331 1 Fax(808)961-2389 June 16, 2023 TO: ZENDO KERN, PLANNING DIRECTOR r FROM: 4e& "10CHO, ASSISTANT POLICE CHIEF SUBJECT: CHANGE OF ZONE APPLICATION (PL-REZ-2023-000046) APPLICANT: SANDRA KANESHIRO REQUEST: AGRICULTURAL — 3 ACRES (A-3A) TO FAMILY AGRICULTURAL — 1 ACRE (FA-1A) TAX MAP KEY: (3)2-2-048:092, SOUTH HILO, HAWAII Staff received your memorandum dated June 13, 2023, regarding the change of zone application for the subdividing of along Makalika Street within Pana'ewa Farm Lots. Upon reviewing the provided documents, the Hawaii Police Department 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. Should you need to further discuss this matter, please contact Captain Sandor Finkey, South Hilo District Commander, at (808) 961-2214 or via email at sandor.finkey(o-)_hawaiicounty.gov. SF 1h/23HQ0776 "1{awaii County is an liqual Opportunity Provider and Gmpluyer' Planning Dept. Exhibit 6 HAWAII FIRE DEPARTMENT . COUNTY OF HAWAII . HILO, HAWAII 96720 DATE June 14, 2023 Memorandum TO CLINTON MERCADO, COUNTY OF HAWAII, PLANNING DEPT. FROM CAPTAIN CLINTON BAYBAYAN, FIRE PREVENTION BRANCH SUBJECT: SANDRA KANESHIRO, CHANGE OF ZONE, (PL-REZ-2023-000046) 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 17 of the Hawaii County Code. For any questions, please email Clinton.Baybqyan2hawaiicoun ov or call 808-323-4761. Respectfully Submitted, gff�_ Clinton Baybayan Fire Prevention Captain Fire Prevention Branch Hawaii Fire Department Planning Dept. Exhibit 7 JOSH GREEN, M.D. E o KENNETH S. FINK, M.D,MGA, MPH GOVERNOR OF HAWAII r� ,959 . DIRECTOR OF HEALTH KE KIA'AINA O KA MOKU'AINA O HAWAI'I ��y KA LUNA HO'OKELE STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: June 26, 2023 TO: Mr. Zendo Kern Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief SUBJECT: Change of Zone Application (PL-REZ-2023-000046) Request: Agricultural- 3 Acres to Family Agricultural- 1 Acre Applicant: Sandra Kaneshiro TMK: 2-2-048:092, South Hilo, Hawaii In most cases,the District Health Office will no longer provide individual comments to agencies or project owners to expedite the land use review and process. Agencies,project owners, and their agents should apply Department of Health"Standard Comments"regarding land use to their standard project comments in their submittal. Standard comments can be found on the Land Use Planning Review section of the Department of Health website: hgps://health.hawaii.gov/ep/epo/landuse/. Contact information for each Branch/Office is available on that website. Note: Agencies and project owners are responsible for adhering to all applicable standard comments and obtaining proper and necessary permits before the commencement of any work. General summary comments have been included for your convenience. However, these comments are not all-inclusive and do not substitute for review of and compliance with all applicable standard comments for the various DOH individual programs. Clean Air Branch 1. All project activities shall comply with the Hawaii Administrative Rules (HAR), Chapters 11-59 and 11-60.1. 2. Control of Fugitive Dust: You must reasonably control the generation of all Planning Daps. Exhibit 8 Zendo Kern June 26, 2023 Page 2 of 4 airborne, visible fugitive dust and comply with the fugitive dust provisions of HAR §11-60.1-33. Note that activities that occur near existing residences, businesses,public areas, and major thoroughfares exacerbate potential dust concerns. It is recommended that a dust control management plan be developed which identifies and mitigates all activities that may generate airborne and visible fugitive dust and that buffer zones be established wherever possible. 3. Standard comments for the Clean Air Branch are at: https://health.hawaii.gov/epo/landuse/ Clean Water Branch 1. All project activities shall comply with the HAR, Chapters 11-53, 11-54, and 11-55. 1. The following Clean Water Branch website contains information for agencies and/or project owners who are seeking comments regarding environmental compliance for their projects with HAR, Chapters 11-53, 11-54, and 11-55: hLtps://health.hawaii.gov/cwb/clean-water-branch-home- page/cwb- standard-comments/. Hazard Evaluation & Emergency Response Office 1. A Phase I Environmental Site Assessment(ESA) and Phase II Site Investigation should be conducted for projects wherever current or former activities on site may have resulted in releases of hazardous substances, including oil or chemicals. Areas of concern include current and former industrial areas, harbors, airports, and formerly and currently zoned agricultural lands used for growing sugar, pineapple or other agricultural products. 2. Standard comments for the Hazard Evaluation& Emergency Response Office are at: https://health.hawaii.gov/epoAanduse/. Indoor and Radiological Health Branch 1. Project activities shall comply with HAR Chapters 11-39, 11-45, 11-46, 11-501, 11- 502, 11-503, and 11-504. 2. Construction/Demolition Involving Asbestos: If the proposed project includes renovation/demolition activities that may involve asbestos,the applicant should contact the Asbestos and Lead Section of the Branch at hllps://health.hawaii.gov/irhb/asbestos/. Safe Drinking Water Branch 1. Agencies and/or project owners are responsible for ensuring environmental compliance for their projects in the areas of 1)Public Water Systems; 2) Underground Injection Control; and 3) Groundwater and Source Water Protection in accordance with HAR Chapters 11-19, 11-20, 11-21, 11-23, 11-23A, and 11- 25. They may be responsible for fulfilling additional requirements related to the Zendo Kern June 26, 2023 Page 3 of 4 Safe Drinking Water program: hLtps://health.hawaii.gov/sdwb/. 2. Standard comments for the Safe Drinking Water Branch can be found at: hgps:Hhealth.hawaii.gov/epo/landuse/. Solid &Hazardous Waste Branch 1. Hazardous Waste Program - The state regulations for hazardous waste and used oil are in HAR Chapters 11-260.1 to 11-279.1. These rules apply to the identification, handling, transportation, storage, and disposal of regulated hazardous waste and used oil. 2. Solid Waste Programs - The laws and regulations are contained in HRS Chapters 339D, 342G, 342H, and 342I, and HAR Chapters 11-58.1 and 11-282. Generators and handlers of solid waste shall ensure proper recycling or disposal at DOH-permitted solid waste management facilities. If possible,waste prevention, reuse, and recycling are preferred options over disposal. The Office of Solid Waste Management also oversees the electronic device recycling and recovery law, the glass advanced disposal fee program, and the deposit beverage container program. 3. Underground Storage Tank Program —The state regulations for underground storage tanks are in HAR Chapter 11-280.1. These rules apply to the design, operation, closure, and release response requirements for underground storage tank systems, including unknown underground tanks identified during construction. 4. Standard comments for the Solid& Hazardous Waste Branch can be found at: hM2s://health.hawaii. og_v/el2o/landuse/. Wastewater Branch For comments,please email the Wastewater Branch at doh.wwb(?doh.hawaii.gov. Sanitation/Local DOH Comments: 1. Noise may be generated during demolition and/or construction. The applicable maximum permissible sound levels, as stated in Title 11, HAR, Chapter 11-46, "Community Noise Control," shall not be exceeded unless a noise permit is obtained from the Department of Health. 2. According to HAR §11-26-35,No person, firm, or corporation shall demolish or clear any structure,place, or vacant lot without first ascertaining the presence or absence of rodents that may endanger public health by dispersal from such premises. Should any such inspection reveal the presence of rodents, the rodents shall be eradicated before demolishing or clearing the structure, site, or vacant lot. A demolition or land clearing permit is required prior to demolition or clearing. Other Zendo Kern June 26, 2023 Page 4 of 4 1. CDC - Healthy Places - Healthy Community Design Checklist Toolkit recommends that state and county planning departments, developers, planners, engineers, and other interested parties apply these principles when planning or reviewing new developments or redevelopment projects. 2. If new information is found or changes are made to your submittal, DOH reserves the right to implement appropriate environmental health restrictions as required. Should there be any questions on this matter,please contact the Department of Health, Hawaii District Health Office, at(808) 933-0917. JOSH GREEN,M.D. DAWN N.S.CHANG CHASON GOVERNOR I KE KIA'AINA BOARD OF LAND AND NARPETURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT SYLVIA LUKE LIEUTENANT GOVERNOR I KA HOPE KIA'AINA LAURA H.E.KAAKUA O y FIRST DEPUTY F �„ A q.` DEPUTY MANUEL y DEPUTY DIRECTOR-WATER {Vand y\"xrhar AQUATIC RESOURCES F Y: BOATING AND OCEAN RECREATION BUREAU OF CONVEYANCES a i COMMISSION ON WATER RESOURCE MANAGEMENT CONSERVATION AND COASTAL LANDS CONSERVATION AND RESOURCES ENFORCEMENT ENGINEERING "==a�'A•1'� FORESTRY AND WILDLIFE 'State ofHa`Na� HISTORIC PRESERVATION KAHOO LAWE ISLAND RESERVE COMMISSION STATE OF HAWAII I KA MOKU`AINA`O HAWAI`I STATLAND E PARKS DEPARTMENT OF LAND AND NATURAL RESOURCES KA`OIHANA KUMUWAIWAI`AINA STATE HISTORIC PRESERVATION DIVISION KAKUHII3EWA BUILDING 601 KAMOKILA BLVD,STE 555 KAPOLEI,HAWAII 96707 June 22,2023 IN REPLY REFER TO: Zendo Kern,Director Project No.2023PR00769 County of Hawaii Planning Department Doc.No. 2306SNI I 101 Pauahi St. Suite 3 Archaeology Hilo,Hawaii 96720 Email:planning@hawaiicounty.gov Dear Zendo Kern: SUBJECT: Chapter§6E-42 Historic Preservation Review County of Hawaii Change of Zone Application Applicant:Sandra Kaneshiro Waiakea Ahupua`a,South Hilo District,Island of Hawaii TMK: (3)2-2-048:090 This letter provides the State Historic Preservation Division's (SHPD's) review of subject request for a County of Hawaii Change of Zone application. The applicant, Sandra Kaneshiro, is requesting rezoning of the subject parcel from Agricultural-3 acres(A-3a)to Family Agricultural-1 acre(FA-la). SHPD received the project submittal on June 21,2023,which included a County of Hawaii Rezoning application submitted by the Land Use Planning Consultant, Daryn Arai. The applicant, Sandra Kaneshiro (landowner), is requesting rezoning to facilitate the subdivision of the parcel into two parcels for estate planning purposes. The current project area is the entire 3.16-acre parcel. SHPD records indicate that the project area has not been subject to any archaeological inventory survey and that no historic properties have been identified within or in the near vicinity of the subject parcel. Based on current information,the SHPD has no objections to the requested rezoning application. Please contact Sean Naleimaile at(808)933-7651 or at sean.p.naleimaile@hawaii.gov for any questions or concerns regarding this letter. Aloha, Alan S. Downer,PhD Administrator, State Historic Preservation Division Deputy State Historic Preservation Officer cc: Sandra Kaneshiro,faithhope56kgmail.com Daryn Arai,daryn.araikoutlook.com Planning Dept. Exhibit 9 Daryn Arai Land Use Planning Consultant July 24, 2023 Mr. Zendo Kern, Planning Director County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, HI 96720 Dear Director Kern: Subject: Response to Agencies' comments regarding Change of Zone Application PL-REZ-2023-000046 Applicant: Sandra Kaneshiro TMK: 2-2-048:092, Pana`ewa Farm Lots, Waidkea, South Hilo, Hawaii Thank you for providing the Applicant with comments received from the various reviewing agencies regarding the subject application, to which we provide the following responses for your consideration. Department of Land and Natural Resources-Historic Preservation Div. (June 22, 2023 memo) We appreciate SHPD position that"Based on current information, the SHPD has no objections to the requested rezoning application." Department of Health (memo dated June 26, 2023) The Applicant acknowledges the Department of Health no longer provides individual comments to agencies or project owners to expedite the land use review process. This being said, the Applicant anticipates that this project will not present any environmental health concerns with regulatory implications. Both existing homes are serviced by individual septic systems compliant with State Department of Health regulations. No additional homes are contemplated at this time. The proposed 2-lot subdivision is purely for estate planning purposes, with no land alteration activities contemplated. Therefore, the Applicant anticipates no compliance issues relating to clean air, safe drinking water, and sanitation issues. The subject property is not situated within proximity to a public water well and resides below the Underground Injection Control line. Therefore, the proposed 2-lot subdivision will not compromise groundwater resources or public water systems. P.O.BOX 4501,HILO HAWAII 96720 PHONE: (808)895-3218 EMAIL:DARYN ARAI@OUTLOOK.COM Planning Dept. Exhibit 10 Mr. Zendo Kern, Planning Director Page 2 of 2 July 24, 2023 Department of Water Supply (letter dated June 22, 2023) The Department of Water Supply (DWS) confirmed water availability to support the proposed 2-lot subdivision from an existing 6-inch waterline located along Makalika Street. Should this rezoning request be approved, the Applicant will make prompt payment of the water commitment deposit and thereafter construct all necessary water system improvements required by DWS prior to the issuance of Final Subdivision Approval. Department of Environmental Mana_eg ment(memo dated June 16, 2023) As the Applicant understood, the DEM has confirmed no sewer system within the area, deferring to the State Department of Health and other relevant governmental bodies as it pertains to wastewater disposal. No new homes or facilities are proposed as a part of this rezoning action, with the two existing home currently serviced by its own septic system. The Applicant does not anticipate any wastewater disposal and treatment concerns due to the requested action. Fire Department(memo dated June 14, 2023) As recommended by the Fire Department and as part of the subdivision review process, access to lots within the proposed 4-lot subdivision and water for fire flow purposes will meet the requirements of Chapter 18 of the 2018 Hawaii Fire Code and Chapter 26 of the Hawaii County Code. The Applicant does request, however, that due consideration be given to the fact that the proposed subdivision will not involve the creation of additional homesites beyond the two existing homes. Police Department(memo dated June 16, 2023) The Applicant acknowledges the response from the Police Department that it does not anticipate any significant project-related impact to traffic nor does it have any public safety concerns. We hope that we have adequately responded to comments offered by the respective agencies. Please feel free to contact me should there be any questions or need for additional information. Sincerely, DARYN ARAI Land Use Planning Consultant copy via email: Ms. Sandra Kaneshiro Mr. Tyler Kaneshiro