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HomeMy WebLinkAboutPD BACKGROUND REPORT (PL-REZ-2023-000048) BImamuraREZ.cm.9.15.23 COUNTY OF HAWAI`I PLANNING DEPARTMENT BACKGROUND REPORT CONSTANCE IMAMURA CHANGE OF ZONE APPLICATION NO. PL-REZ-2023-000048 CONSTANCE IMAMURA has submitted an application for a Change of Zone from an Agricultural-3 acres (A-3a) to a Single-Family Residential-20,000 square feet (RS-20) zoning district for a 23,012-square foot portion of a larger 5.1 acres of land. The subject property is located at 1212 W. Kawailani Street, approximately 190 feet west (mauka) of its intersection with Puhau Street, Waiakea Homesteads, South Hilo, Hawaii, TMK: (3) 2-4-079:002. APPLICANT'S REOUEST 1. Applicant's Request: The applicant is requesting a Change of Zone from an Agricultural-3 acres (A-3a) to a Single-Family Residential-20,000 square feet (RS-20) zoning district for a 23,012-square foot portion of a larger 5.1 acres of land. The RS-20 zoning district, with a minimum lot size of 20,000 square feet, would allow a maximum density of 1 lot in the subject rezone area. The Single-Family Residential zoning 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. Requirements for establishing land uses in the Single-Family Residential zoning district, including a list of the variety of permitted land uses, are shown in Section 25-5-1 to 25-5- 8 of the Zoning Code. (Planning Department Exhibit 1 — Zoning Code Requirements for Single-Family Residential Districts). 2. Purpose for the Request: The primary purpose of the request is to subdivide the property into two lots, to establish fee-simple ownership of the 23,012-square foot land area that the existing dwelling resides on, which will be retained by the applicant, and then sell the remaining approximately 4.5-acre vacant lot. An additional purpose is to alleviate the hardship of maintaining the entire 5-acre parcel. The property currently consists of one existing single-family dwelling. There are currently no new developments or improvements proposed in the rezone area. -1- 3. Construction Timetable and Cost: The subdivision process will begin immediately after the rezoning request is approved. The applicant aims to obtain all necessary permissions and permits by mid-2024. The cost associated with the subdivision will be minimal, as it only involves subdividing the land to allow the existing single-family dwelling to be situated on its own parcel. 4. Landowner: Tsuyoki and Kimie Imamura Trust Estate. 5. Supporting Information: The applicant has submitted the following in support of their request. (Planning Department Exhibit 2—Change of Zone Application dated July 6, 2023) STATE AND COUNTY PLANS 6. State Land Use (SLU) Designation: Urban (U). 7. County Zoning: Agricultural-3 acre (A-3a). 8. 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. 9. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawaii lies within the Coastal Zone Management Area. 10. 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 3 miles from the nearest shoreline and not situated within the SMA. 11. 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. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 12. Subject Property: The 5.1-acre parcel is rectangular in shape and is located along the north side of Kawailani Street, approximately 190 feet west (mauka) of its intersection with Puhau Street. The property is improved with one permitted single-family dwelling built in 1963, surrounded by ornamental plants. The area north of the existing dwelling is heavily vegetated, with an overgrown orchard containing macadamia nuts, coffee, and -2- other non-native trees and shrubs. The property has no severe topographic or geologic problems to cause constraints for the proposed 2-lot subdivision. 13. Surrounding Zoning/Land Uses: The subject property and its immediate surrounding properties consist of single-family dwellings, vacant lands, and agricultural uses. The parcel immediately to the north is zoned Open, to the west is zoned Agricultural-3 acres, and to the east are zoned Agricultural-3 acres and Single-Family Residential-20,000 square feet. The parcels to the south, across Kawailani Street, are zoned Single-Family Residential-10,000 square feet. 14. Agricultural Lands of Importance to the State of Hawaii (ALISH): The subject property is classified as "Unclassified." 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 within a designated "built area" of the Land Study Bureau. "Built areas" are not assigned productivity ratings from the Land Study Bureau. 16. U.S.D.A. Soil Survey: Panaewa-Urban land complex and Keaukaha that consists of highly decomposed plant material, with 2 to 10 percent slopes (PVD). 17. 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. 18. Flora/Fauna Resources: No professional flora or fauna study was submitted with the application. A portion of the subject property was cleared in 1963 for the construction of an existing single-family dwelling. According to the applicant, the majority of the undeveloped portion of the property is heavily vegetated with non-native trees and shrubs such as African tulip, Norfolk pine, Areca palm, Bingbing, gun powder tree, coffee, and macadamia nut trees. The vegetation near the existing dwelling consists of ornamental plants such as money trees, song of India, hapu'u, and hedges. There are no known endangered species of plants or animals on the subject property. 19. Archaeological/Historic/Cultural Resources: No archaeological and cultural study was conducted of the property as the subject property has been previously impacted by ground-disturbing activities associated with the residential development and previously -3- maintained orchards throughout the property. No further ground disturbance has been proposed. According to the applicant, 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. 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. 20. Public Access: There is no known public access to the mountain or shoreline that traverses through the subject property. 21. Traffic: The property is developed with one existing single-family dwelling 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 22. Access: Access to the subject property is off Kawailani Street, which is a County-owned and maintained paved roadway within a 40-foot-wide right-of-way fronting the property. Access to the proposed larger lot of the 2-lot subdivision will be provided by an existing reciprocal easement(easement A and B) off Kawailani Street along the property's eastern boundary. The easement may require improvements upon subdivision approval to comply with prevailing codes. 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 Department of Public Works (DPW), Engineering Division recommends that the applicant provide improvements to the Kawailani Street frontage consisting of, but not limited to, pavement widening with paved shoulders and swales, drainage improvements, and any required utility relocation meeting the requirements of the Americans with Disabilities Act. DPW also recommends the applicant install streetlights and traffic control devices as may be required by the Department of Public Works, Traffic Division. According to the applicant, no roadway improvements will be necessary as the proposed -4- subdivision will be accessible from the County Road. No additional improvements to the subject property are being proposed by the applicant. 23. Water: The Department of Water Supply (DWS) is currently servicing the one existing single-family dwelling on the subject property with one 5/8-inch water meter fronting the parcel. Water is available to support the future proposed 2-lot subdivision. DWS notes that should this rezoning request be approved, the applicant will be required to submit construction plans and design calculations prepared by a professional engineer for review and approval, and to construct all necessary water system improvements required by DWS prior to the issuance of Final Subdivision Approval. 24. 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. 25. Wastewater: According to the Department of Environmental Management, there is no municipal sewer system servicing the subject area and the applicant shall follow Department of Health (DOH) regulations for wastewater disposal. The existing single- family dwelling on the subject property is currently being serviced by its own individual wastewater system.DOH, Wastewater Branch, had no comments on the proposal. 26. Essential Utilities and Services: Electricity, water, and telephone services are available to the subject property and are currently supporting the existing single-family dwelling. 27. Public Safety: The subject property is located approximately 2 miles from the nearest police station on Kapiolani Street and approximately 1.5 miles from the nearest fire station off Haihai Street. AGENCIES' COMMENTS 28. Department of Public Works - Engineering Division: (Planning Department Exhibit 3 —August 16,2023 Memo). 29. Department of Water Supply: (Planning Department Exhibit 4 — July 31, 2023 Memo). 30. Department of Environmental Management: (Planning Department Exhibit 5—July 24, 2023 Memo). 31. Police Department: (Planning Department Exhibit 6—July 20, 2023 Memo). 32. Fire Department: (Planning Department Exhibit 7—July 25,2023 Memo). -5- 33. State Department of Health: (Planning Department Exhibit 8 — July 21, 2023 Memo). 34. State Department of Land and Natural Resources - State Historic Preservation Division: (Planning Department Exhibit 9—July 24, 2023 Letter). AGENCIES -NO RESPONSE 35. Office of Housing and Community Development. PUBLIC COMMENTS 36. There are no public comments to date on this application. -6- ZONING § 25-4-68 Section 25-4-68. Grounds for approval or denial. The director shall approve an application for recognition of a de minimis structure position discrepancy unless: (a) The discrepancy is greater than the difference as allowed by the de minimis structure position discrepancy definition, or (b) The director finds that the improvement was placed with knowledge that it would violate the minimum yard or open space requirements; or (c) The improvement could be moved, or the discrepancy otherwise corrected, without significant expense, difficulty, or hardship to the applicant. (2002, ord 02-70, sec 3.) Section 25-4-69. Recognition of de minimis structure position discrepancy. If the director accepts the application for recognition of de minimis structure position discrepancy, the director shall notify the applicant in writing that the discrepancy is not a violation of the zoning code and that it may remain in place without a variance. (2002, ord 02-70, sec 3.) Section 25-4-70. Disclosure. A de minimis structure position discrepancy shall be disclosed by the owner to subsequent purchasers of the property in question. (2002, ord 02-70, sec 3.) Section 25-4-71. Appeals. The director's decision with respect to a de minimis structure position discrepancy is appealable to the board of appeals. (2002, ord 02-70, sec 3.) Article 5. Zoning District Regulations. Division 1. RS, Single-Family Residential Districts. Section 25-5-1. Purpose and applicability. The RS (single-family residential) district provides for lower or low and medium density residential use, for urban and suburban family life. It applies to areas having facilities, and to carry out the above stated purpose. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-2. Designation of RS districts. Each RS (single-family residential) district shall be designated on the zoning map by the symbol "RS" followed by a number which specifies the required minimum building site area in thousands of square feet. (1996, ord 96-160, sec 2; ratified April 6, 1999.) 25-73 Planning Dept. Exhibit 1 § 25-5-3 HAWAI`I 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 LAND'* 194 Wiwoole St. Hilo, HI 96720 PLANNING (808) 333-3393 HAWA11 LLC info@landplanninghawaii.com July 6, 2023 Mr. Jeffrey Darrow, Deputy Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Darrow: Subject: Submission of Change of Zone Application Applicant: Constance Imamura Waiakea, South Hilo,Hawaii, TMK: (3) 2-4-079:002 Transmitted here for your review and processing is the submittal of an application requesting a change of zone from the Agricultural 3-acre (A-3a) district to the Residential 20-acre (RS-20) district for a 0.5-acre portion of the subject 5.1-acre parcel. The subject property is located at 1212 West Kawailani Street,between Puhau Street and Makani Circle in Waiakea, South Hilo, Hawaii. If approved,the applicant intends to subdivide the parcel into two (2) lots in order to retain and continue living on the front 0.5 acres and sell the remainder. This electronic transmittal includes a) the application form; b) a letter of authorization allowing our office to file the application on the landowner's behalf, c) departmental questionnaire; d) a metes and bounds description of the property; e) a list of surrounding property owners within one thousand (300) feet of the subject parcel; and f)the background& environmental report,which includes the location and proposed subdivision. Further, payment for the County filing fee will be paid via electronic check upon submittal of the application. We trust that everything is in order for your acceptance and processing of this application. If not, or if there are questions relating to this matter,please feel free to direct them to me. Thank you very much. Sincerely, JOHN PIPAN Planning Administrator Planning Dept. Exhibit 2 ATTACHM EN T Ressientia1Rezoni2g PLANNING DEPARTMENT COUNTY UFHAWAH APPLICATDN FOR CHANGE OF ZONE 1, Ifyourmquestis approved,do you mend t) subdiuiie the sub:�(-tland in accordance with the appmved change of zone? Yes if yes,please answerthe restofquestion 1 and then t) qucsd)n 3. a. H ow m any acres ofthe requested area do you iitend tD subdi 7:de? 0.5 acres b. Into whatbtsizes? 0.5 acres and4.5 acres C. if yourrequestis approved,appTUXilt diEly how long a$erthe date ofappmvaldo you expectto subm it yoursubdiuisbn plans tD the P finning D epartrn ent fDrprelin:nary appmval? ASAP d. Do you iitend tD build houses on the new V created bts? No if yes,pl?ase answerthe blbwing questons: on how m any ofthose bts? N/A Atwhatappmxinatepricemnge? House N/A Lots N/A Total N/A Appmxh ately how Jong,afferappmvalof the subdivisbn,w ould the firsthouse be air ilabb fnrocr_.upanr_.y? N/A If you iitend ID subdk-be,plea se subm ita prelin nary schem atic subdisrision plan tegether with yourchange of zone applicatbn form . 2. Ifyou have no film plans ofsubdiviliig the subj�ctama, do you iitDnd to: a. S ellorbase the land to som eone who has film plans? b. S ellorbase the land to someone who has tentatve plans? S ellorbase the ]andto som eone who has no plans? d Keep t2 e. other ease state) f. Ifyou Mend tD do eithera,b,orc,please elaborate on the kind ofp)ans the otherparty has.P base,also, iichide in youranswerappmxin atelyhow soon after appmvalofyourmzoning do you expectto transferthe subj�ctland t)anotherparty. The applicant intends to sell the 4.5-acre portion of the subdivision that will remain agricultural land. 3. Do You think thatyour reque stand yourfurtherphns forthe land willalbvi le the bcalhousiig sivatbn? II ow? At most,one farm dwelling and one additional farm dwelling could be built on the 4.5-acre portion that is currently vacant of any structures. 4. Are there any buildiags on the sub:�_ctama? Yes If so, whatkhd? One(1)single-family residence exists on site,which was originally built in 1963. whatdo you intend to do with those buildiags if your mquestis approved? The existing single-family residence will remain as it currently exists under the request.No new development or alterations to the existing development is proposed. -2- 8. Ts the subtct]and cuimnt]y beiig used forany agrl;ultraralactuity? No Ifso,pbase Istthe kids ofpmducts grown and on how m any square feetoracres ofland perpmduct A coffee and macadamia nut orchard were planted on the property many years ago but is no longer maintained. 6. To yourknowl?dge,has there been any fboding and/or drahage pmblem on the subj�ctarea? No If so,p-base descrbe the pmbhm . Do you thJnk thatthe roads-bad:hq to the sub -ctama needs in pmvem ent? No If so,w hatkyid'? Ts the mad adequate forthe proposed traffic vobm e orbad? Yes 8. W hatsortofgovemm entalassistance and/orin pmvem ents do you feelw2be needed in the subj�ctama when developed? yes U-0 a. Schools x b. Roads X Sewer X �. D iahage x e, police P m Leclxn X -3- Yes ILO f Fire P mtectiDn x 9. ReCreatiDnalFaciltbgs x h, Publr;UtlltieS x r . other x Forthose checked 'yes;'p-base elaborate whatt3lpe orkinds of in pmvem ents and/orassistance are needed. S jqnature: Address: 194 Wiwoole Street, Hilo HI 96720 Te-bphone: 808-333-3393 D at: 7/5/2023 6337A/50A -4- PD .5/$4 CHANGE OF ZONE APPLICATION COUNTY OF HAWAVI PLANNING COMMISSION (Type or legibly print the requested information) APPLICANT(S): Constance Imamura. A APPLICANT'S SIGNATURE: &-Z&�Ce_ Attg-j kDATE: 2, ADDRESS: 1212 W Kawailani St, Hilo, HI 96720 LIST APPLICANT'S INTEREST(if not owner): Resident/family PHONE: (Bus.)808-959-7243 (Res.) 808-258-3062 (Email) REQUEST: A-3a TO RS-20 (Existing Zoning) (Proposed Zoning) TAX MAP KEY(S): (3) 2-4-079:002 SIZE OF PROPERTY ORAFFECTED AREA(S)TO BE REZONED: 0.5acres LANDOWNER(S): Tsuyoki Imamura Est Trust &Kimie Imamura,Trust FEE SIMPLE LANDOWNER(S) WRITTEN AUTHORIZATION (may be provided by letter with the below statement included): DATE. -� DATE: AGENT: -Land Planning Hawaii LLC AGENTADDRESS: 194 Wiwoole St, Hilo, HI 96720 PHONE: (Bus.) 808-333-3393 (Res.) (Email) info@landplanninghawaii.com Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Agent COPIES: Applicant COUNTY ENVIRONMENTAL REPORT REQUEST FOR CHANGE OF ZONE FROM AGRICULTURAL 3-ACRES (A-3A) TO SINGLE-FAMILY RESIDENTIAL DISTIRCT-20 (RS-20). CONSTANCE IMAMURA WAIAKEA, SOUTH HILO, COUNTY OF HAWAI`I TMK(3) 2-4-079: 002 Table of Contents I. INTRODUCTION.................................................................................................................. 4 II. PROJECT LOCATION..................................................................................................... 4 III. PROJECT DESCRIPTION............................................................................................... 4 a. Project Concept and Components........................................................................................... 4 b. Permitting History................................................................................................................... 4 c. Project Timetable and Cost..................................................................................................... 7 IV. INSTITUTIONAL CONSIDERATIONS......................................................................... 7 a. State Land Use........................................................................................................................ 7 b. County General Plan............................................................................................................... 7 c. Hilo Community Development Plan..................................................................................... 11 d. County Zoning...................................................................................................................... 11 e. Relationship to SMA Objectives and Policies...................................................................... 13 f. Other Permitting Requirements ............................................................................................ 14 V. ENVIRONMENTAL CONSIDERATIONS....................................................................... 14 a. General Description.............................................................................................................. 14 b. Soils and Topography........................................................................................................... 15 c. Natural Hazards .................................................................................................................... 15 i. Flood/Drainage ................................................................................................................. 15 ii. Volcanic and Earthquake Hazards.................................................................................... 15 iii.Tsunami Hazard................................................................................................................ 15 d. Flora/Fauna........................................................................................................................... 15 f. Valued Cultural Resources ................................................................................................... 17 g. Water and Coastal Resources................................................................................................ 20 h. Noise, Air Quality, and Dust................................................................................................. 20 i. Scenic and Visual Considerations......................................................................................... 20 VI SOCIAL AND RELATED CONSIDERATIONS........................................................... 20 a. Surrounding Land Uses......................................................................................................... 20 b. Economic Impacts................................................................................................................. 21 c. Agricultural Impacts ............................................................................................................. 21 VII. INFRASTRUCTURE CONSIDERATIONS.................................................................. 21 a. Road...................................................................................................................................... 21 b. Water..................................................................................................................................... 21 2 c. Wastewater............................................................................................................................ 22 d. Solid Waste and Hazardous Substances ............................................................................... 22 e. Other Utilities........................................................................................................................ 22 VIIL IMPACT SIGNIFICANCE ANALYSIS..................................................................... 22 a. Relationship Between Local Short-Term Uses of Environment and Maintenance and Enhancement of Long-term Productivity.................................................................................. 22 b. Irreversible and Irretrievable Commitment of Resources..................................................... 22 c. Mitigative Measures.............................................................................................................. 23 d. Alternatives to the Proposed Project..................................................................................... 23 i. No Project......................................................................................................................... 23 ii. Alternative Density........................................................................................................... 23 iii. Evaluation of Alternatives............................................................................................... 24 IX. REGULATORYANALYSIS............................................................................................ 24 a. General Plan LUPAG Map................................................................................................... 24 b. General Plan Policies............................................................................................................ 24 c. Hilo Community Development Plan..................................................................................... 27 d. Zoning................................................................................................................................... 28 e. State Land Use Standards ..................................................................................................... 28 X. CONCLUSION.................................................................................................................... 28 Figures Figure1: Location Map ..................................................................................................................5 Figure 2: Rezoning Exhibit Map .....................................................................................................6 Figure 3: State Land Use Designation Map ....................................................................................8 Figure4: LUPAG Map ...................................................................................................................9 Figure5: County Zoning Map ......................................................................................................12 Figure6: Soil Map ........................................................................................................................15 Figure 7: 1965 Aerial Photograph .................................................................................................18 Figure8: ALISH Map ...................................................................................................................19 Exhibits Exhibit A: DWS Letter regarding Water Availability 3 I. INTRODUCTION Constance Imamura ("applicant")is requesting a change of zone for a 0.5-acre portion of a 5.1-acre property identified as TMK (3) 2-4-079: 002 from Agricultural 3-acres (A-3a) to Single-Family Residential Distirct-20 (RS-20)for estate planning purposes. The subject property is located at 1212 West Kawailani Street, between Puhau Street and Makani Circle. The site is roughly 0.85 miles north along West Kawailani Street from its intersection with Komohana Street(Figure 1). If approved, the applicant will retain the 0.5-acre portion, which contains an existing single-family residence, and sell the remaining 4.5-acres. The requested change of zone does not propose any further development of the property and has no anticipated impacts to any natural, cultural, historic, scenic, or open space resources. Similar rezoning applications have been approved for nearby parcels within 0.5 miles of the subject property, including the adjacent property to the east, identified as TMK (3) 2-4-079: 004. Under Ordinance No. 593, 1.194 acres of the 5.1-acre parcel was changed from A-3a to RS-20 in 1980. In addition, Ordinance No. 177 pertaining to TMK (3) 2-4-079: 007 & 008 approved a change of zone from A-3a to RS-15 in 1975; Ordinance No. 098 pertaining to TMK (3) 2-4-003 POR. 021 from A-3a to RS- 10 in 2013; and Ordinance No. 034 pertaining to TMK (3) 2-4-003: 035 from A-3a to RS-15 in 2023. II. PROJECT LOCATION The subject property is located at 1212 West Kawailani Street, roughly 0.85 miles north of its intersection with Komohana Street. Access to the site is off Kawailani Street. III. PROJECT DESCRIPTION a. Project Concept and Components The subject site is 5.11 acres with an existing single-family residence built in 1963. The applicant wishes to rezone the front 0.5 acres, or approximately 23,000 square feet, which contains an existing dwelling, from A-3a to RS-20. The remaining 4.5 acres will maintain A-3a zoning and be sold to be used for agricultural purposes (Figure 2). b. Permitting History The subject parcel has an existing single-family residence built in 1963 under Permit No. 25911. Subsequent building permits were approved in 1967 and 1971 under Permit No. 35548 and 48698, respectively. The existing dwelling is 600 square feet, has two (2)bedrooms, one (1)full bath, one (1) half bath, and a carport. 4 aP 69 1V7d hoc_ 133XLS INVIIYMYN oNII NII IOD� I a la I I > I O ! z 0j".11m m II Samm x Nll�a o�ll 11 'I i i eea=gym I I N o,t" an _NII I I -1414 I I w P � tfsl 8 a I I a _ s 00II O mzrr I I Imo, I I I I I I i II lams Yo'MH tE b x o a I I O phi I I I Z N I I I �c9 I I I i I I I p I= I I R Z I I I m I I I Y I I I ro Q ' s i a I I O e m� I I � � I I I I NII NU NII __ -o -II III III MII o &AN 's'N1 30a00s SH na AB east Y 15/1'JIIv 31V0 ON WO R 12,050.90 S 2,144.7]W "HALAI"4 265'a0'10.00 265'-'20.00 N ]55'40'10.00 O N �•�a0'ao'1a.1a ii R=10.00 O Z c ^ ( I I d G o v e r n m e n t L a n d _ a o m� to a� u) z dr r d ro M ro W 265'40'— W N M rn •• •• 121.00 •• ••— Wv I I Q� SI I W v PI la I la I Ip I � I I I I I I P I i I II Im I I 0 I I J O 265'40' 12121.000lo g a 0 0 N o gl NEd ^I a]a3 9 0 �F= q N o m w _W u I VI WON o Z p J=o; S�+ o o NmM1 o WWN a cc v e w oLL I I S SI 220R=1 1a.14 310'40'14.14� O a R=10.00 R=10.00 < 121.00 � � N n 85'40' — 12,479.67 S O j KAWAILANI STREET ?HALAl4 A �F W Q Z O NFI 6 W Z Of LLJ INSET O N N � Scale:1 = 50' W LQI m�3 W O 3 vi NZI o ?QI o W a W - NOTE: KAWAILANI 85'40' — 12,479.67 S STREET 121.00 2112 24 W 1. This map and the attached metes&bounds "HALAI" A description were compiled from existing County approved subdivisions. (p1466 for the subject parcel & #4536 for the easements and future road widening.) 2. As mentioned for the easements, subdivision #4536 did not specify to a purpose of the easements but T. PLAN SHOWING is more than likely for common access purposes. 3. Rezoned portion Lot B-1—A is not a legally FOR REZONING PURPOSES subdivided lot. PORTION OF LOT B-1 REZONED PORTION — LOT B-1—A BEING A PORTION OF LOT 622, WAIAKEA HOMESTEADS 2ND SERIES This work was prepared by me (PORTION OF GRANT 8654 TO W.B. STODDARD) or under my supervision. WAIAKEA, SOUTH HILO, ISLAND OF HAWAII, HAWAII Plan by Island Survey, Inc. ROBERT T. SHIRAI. PLS P.O. Box 4215, Hilo, Hawaii 96720 State of Hawaii Cert. No. LS-5985 May 4, 2023 License Expires April 30, 2024 Tax Map Key.(3)2-4-079:002 R-1632 Size: 11" x 17" = 1.30 Sq. Ft. Figure 2 c. Project Timetable and Cost The applicant hopes to secure the requested change of zone approval as soon as possible and begin the subdivision process immediately thereafter. Tentatively, plans call for securing all necessary permissions and permits by mid-2024. IV. INSTITUTIONAL CONSIDERATIONS a. State Land Use The subject site is designated State Land Use Urban (Figure 3). No State Land Use Boundary Amendment would be required to permit the requested change of zone and no State Land Use Commission action is required. The County of Hawaii can process the rezoning request. b. County General Plan The General Plan provides for the long-range comprehensive development of the island of Hawaii. It provides direction for balanced growth in the County. The County General Plan Land Use Pattern Allocation Guide ("LUPAG") map designates the site as Low Density Urban (Figure 4). This designation identifies lands with uses for residential use with ancillary community and public uses, and neighborhood and convenience-type commercial uses. Approval of the requested change of zone from Agricultural to Residential would be in line with the property's existing Low Density Urban LUPAG designation. The following General Plan goals are consistent with the requested action: 2.2 Goals a. Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. b. Economic development and improvements shall be in balance with the physical, social, and cultural environments of the Island of Hawaii. 4.2 Goals a. Define the most desirable use of land within the County that achieves an ecological balance providing residents and visitors the quality of life and an environment in which the natural resources of the island are viable and sustainable. 7 cd OO o. O --- U) � o N E Q O y (n U) O -- h O O Q O s Uj W U T aZ -ae m II co.20 Q o W w O T z �u a�z Ew w li——�--- o o o o x zoi O E T m p o- ?g O p 0 I I oMe — ~Q y �m O - -O •` 0 U m - Oml m • pZ�cDN s C L C . Q o N lo i l O (o)z O ' 1' -------'---' . I Q • r__�___ � I • •11 • T Z ---- _�---- lo o U -- -: ca lo LL_ o 4 0 ol ui . I I J . 1 ti o w . U - C N N N I d O N U U I Q in x I J � tll (6 C '6 O C 7 U Q w Q N C . • • N (6 ---- -------- O U (6 U --`-- • 77 N N 1 p J Q D d II N_ N • I � N I N U) I cd @ O � - U)Z o 20 Q N E - OQ..-- - (h n I aZ a� m II co Q o W W O T z �u a�z �T w Ii—--r--- o o�U x I . v, uo� zoi O E T m p Qz m O p 0 oM< E �Q y t mg2 lo - O .• 0 U m O m I + + pZ�c�N s C N L C lo o + --`- O O + • •——— — ---- II • ♦ II • w e o o J IIoo LU - ------ . lo lo LJ II , II - Z ° 0 •. I I• ol Q 1 'ti ol o - • ti J Q �• o w --------�---- I� a U - U W U ` I_ T � N C O 7 Q - d � O�I N U U Z ! � m Q d ■ N � � N I � � O � • � N Lid i .N U LO O N U) • N d N i N p N 7 (6 J Of d • Ili ON C • LO N LO J Discussion: The requested action aims to alleviate the responsibility of maintaining the existing 5-acre parcel, which is heavily vegetated. Rezoning the parcel would improve the applicant's quality of life as it would create a much more manageable 0.5-acre residential lot. The remaining 4.5-acre agricultural parcel would offer greater utility and value to a different landowner. 7.3 Policies a. Protect the views of areas endowed with natural beauty by carefully considering the effects of proposed construction during all land use reviews. 8.2 Goals a. Protect and conserve the natural resources from undue exploitation, encroachment, and damage. d. Protect rate or endangered species and habitats native to Hawaii. Discussion: The requested action will not change views on site or impact natural resources. The proposed project would maintain the existing single-family residence as it has been for decades. No new development is proposed under the request. At most one farm dwelling and one additional farm dwelling could be built on the remaining 4.5-acre parcel. 14.1.2 Goals a. Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. 14.1.3 Policies a. Promote and encourage the rehabilitation and use of urban areas that are serviced by basic community facilities and utilities. b. 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 physical and social environment. 14.1.4 Standards b. 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. Discussion: The requested change of zone from A-3a to RS-20 will allow the applicant to maintain a manageable 0.5-acre residential lot with her existing single- 10 family dwelling. The remaining 4.5-acre lot will offer greater utility and value to a different landowner who intends to use the lot for agricultural purposes. Economic benefit will also extend to the community through the addition of property taxes. The proposed change is in a desirable area with existing utilities and would be in keeping with the surrounding area. c. Hilo Community Development Plan The Hilo Community Development Plan (HCDP)was adopted by the Planning Commission in 1975 and was intended to further define the General Plan and provide short and middle range implementation strategies of the General Plan. Since the adoption of the HCDP, there have been significant land developments in the City of Hilo, including the shopping complexes in and around the Puainako/Kanoelehua Intersection, expanded commercial uses near the University complexes, and commercial/industrial uses along the southern portion of the Waiakea Houselots area. These developments along with many other changes in Hilo over the years render many of the HCDP land use concepts obsolete. Although the document was reviewed by the County Council, the HCDP was never adopted by ordinance. When the HCDP was drafted, its Land Use Allocation Map identified the subject area as Low-Density Urban. Therefore, this designation is consistent with the current County General Plan and surrounding area. d. County Zoning The County Zoning of the subject property is currently Agricultural 3-acres (A-3a) (Figure 5). This zoning is also located to the north, east, and west. Also to the north is a triangular lot designated as Open zoning. Areas zoned RS-10 and RS-15 are located to the east and south. To the southwest is A-la. Several properties located within less than 0.5 miles of the subject site have received approval for similar change of zone requests from A-3a to RS-10, RS-15, and RS-20. These include: 1. Ordinance No. 593 pertaining to TMK (3) 2-4-003: 046 approved a change of zone for a 1.194-acre portion of a 5.1-acre parcel from A-3a to RS-20 in 1980. This parcel is located directly to the east of the subject property. 2. Ordinance No. 177 pertaining to TMK (3) 2-4-079: 007 & 008 approved a change of zone from A-3a to RS-15 in 1975. 3. Ordinance No. 098 pertaining to TMK (3) 2-4-003 POR. 021 from A-3a to RS-10 in 2013. 4. Ordinance No. 034 pertaining to TMK (3) 2-4-003: 035 from A-3a to RS-15 in 2023. 11 Ud Q o.O t U) N Q ------ m pOQ._U) =co(D a o W W O T - 0(D oz Em - O ox •7 N 0`070- - V �oWw - o E To • p m z m o 0 II ,• U E"2 o�yo. - _ • ■ i■ - •• O o �xTo l mnct"72�d �O O � d u o zo olo O o O Uz(7 m0 • - • • Ij • • • rrTT�I� T ■ ._._ -._ -- -- ^ lo • T o ■ I o C I Im G • I ' - I -- ---- Z o • I ol Z I ° I I N I• • I I I I � I I � I O a I U E • I C 5 i N N O N j5 lo C U - o U _ U N � � C � N 7 O C tll N � O U d I NN N lO O � N � U) N �6 • d' d' d Q I. • i� Z (6 O V (6 W 1 � � Q � Q O Q O (C) s V 0 O - . N N o 0 o m 0 0 N U Q Q ( 2 ibn Since the change of zone ordinances listed above are very similar in nature to the requested action, approval of the change of zone would be logical and in keeping with the surrounding land use. If approved, the site would be subdivided in a manner generally meeting with both the Zoning and Subdivision Codes and all uses and standards consistent with the requested RS-20 zone would be adhered to. e. Relationship to SMA Objectives and Policies The subject site is located approximately 3 miles from the coastline and outside of the County Special Management Area (SMA). The entire island falls within the Coastal Zone Management(CZM) Area. Thus, a discussion of the request's relationship to the CZM Program follows. The site is not adjacent to the ocean. It sits approximately 3 miles from the shoreline at an elevation of roughly 500 feet above sea level. As such, the proposed action will not have any adverse impacts on the area's coastal recreational and marine resources nor have any impacts on beach protection. It is unlikely this action would have any impact on historic resources. The parcel was cleared and planted in orchards long ago and has been developed for residential use for many years. No further development is being proposed under the rezone and subdivision request at this time. However, in the event any undocumented archaeological features are found during the project, work will stop immediately and appropriate clearances from the State Historic Preservation Division and County Planning Department will be secured before work resumes. No scenic and open space resources would be impacted by this request. No development or change in land use is anticipated under the proposed rezone. The existing single-family residence will continue to be maintained as it has been for many decades on the proposed 0.5-acre lot. The remaining 4.5-acre agricultural lot will be sold as is with improvements only necessary for subdivision approval. Relative to coastal ecosystems,impacts should be negligible as the site is located 3 miles from the ocean and approximately 500 feet in elevation. In addition, the proposed rezone does not include disturbance to the land or the construction of new dwellings. The subject site will not be impacted by coastal hazards due to the distance from the shoreline. The proposed action would result in subdividing the subject parcel into two (2) Tax Map Key lots. The subdivision would continue to provide residential use for the applicant on the front 0.5-acres of the existing lot. A new 4.5-acre fee simple lot will be created. In doing so, the project will provide economic uses through the sale of the new lot, property taxes, and increased value and utility to a new landowner. 13 Relative to the managing development objective, this function is more applicable to the "authority" or approving agencies. However, it is noted that the request would operate within the scope of the Zoning Code. The subject site would be zoned RS-20, and the subdivision parameters would be consistent with said zoning. In that regard, the project would be consistent with this policy. The public participation objective is also generally a public agency function. This is achieved through the Marine and Coastal Zone Management Advisory Group (MACZMAG) and the public hearing process required pursuant to the Planning Commission's rules and County Council's meetings on this application. Notices of this application will become available through the posting of a sign on the property, as well as sending two (2) notices to surrounding property owners, one at the time the application is filed, and again, prior to the public hearing. Based on the foregoing, it is concluded that the requested improvements would be consistent with the objectives, policies, and guidelines of the Coastal Zone Management Policies, as outlined in Chapter 205A, HRS and Planning Commission Rule No. 9 relating to the Special Management Area. L Other Permitting Requirements Other permits, such as Subdivision Approval, will be required and obtained in accordance with the County Code. V. ENVIRONMENTAL CONSIDERATIONS a. General Description The parcel is rectangular in shape. It is accessed via West Kawailani Street, a County owned and maintained paved road. The subject property is located at 1212 West Kawailani Street, between Puhau Street and Makani Circle. The site is roughly 0.85 miles north along West Kawailani Street from its intersection with Komohana Street. Hilo Life Care Center is located 1 mile to the east. The subject property is situated approximately 500 feet above sea level. It currently contains one (1) 600 square foot single-family residence. The area around the dwelling is cleared and maintained with primarily ornamental plants. The northern portion of the parcel is heavily vegetated with an overgrown orchard consisting of macadamia nut, coffee, and other non-native trees and shrubs. The annual median rainfall for this area is approximately 160 inches. The average daily temperature ranges from 70-75 degrees Fahrenheit. 14 a. Soils and Topography The subject site is not classified under Agricultural Land of Importance to the State of Hawaii (ALISH) or the Land Study Bureau. The U.S. Department of Agricultural Natural Resource Conservation Service has designated the soil as Panaewa-Urban land complex (2k116) and Keaukaha highly decomposed plant material (2k11d). Both soil types have 2 to 10 percent slopes, have moderate to well drainage and high runoff. Panaewa-Urban land complex soils are identified as code `638' in Figure 6 and Keaukaha highly decomposed plant material as `653'. Neither soil type is considered prime farmland. b. Natural Hazards i. Flood/Drainage The Federal Emergency Management Agency (FEMA)Flood Insurance Rate Map (FIRM)identifies the parcel as Zone"Y' (areas outside of the 500-year floodplain). ii. Volcanic and Earthquake Hazards According to the United States Geological Survey maps, the project site is located within Lava Flow Hazard Zone 3, on a scale of ascending risks 9 to 1. The entire City of Hilo falls in the Zone 3 category. There is little that can be done to mitigate the volcanic risk. The site is far from any volcanic rift zone of Mauna Loa or Mauna Kea and thus if a lava flow were to threaten Hilo, there would likely be adequate time to evacuate to a safe location. The Building Code designates the entire island of Hawai'i Earthquake Zone "D" and contains certain structural requirements to address the relative seismic hazard. The proposed action would create one lot for Mrs. Imamura's existing single-family residence built in 1963. The remaining land would maintain A-3a zoning and would be sold uncleared and undeveloped. iii. Tsunami Hazard The subject site is located 3 miles from the coast and sits approximately 500 feet above sea level. It is located well outside of the Civil Defense's Tsunami Evacuation Zone. c. Flora/Fauna Although no professional survey was conducted of the flora and fauna resources, the applicant does not believe that any rare or endangered floral or faunal resources are likely to be found on the subject site. 15 Soil Map—Island of Hawaii Area, Hawaii o - 279290 279370 279450 279530 279610 279690 279770 190 41'16"N 190 41'16"N � N 653 N 1 N _ � � N N O M M W � N N I� N N - O O _N CO 638 AL AO '6P N � I� N N O O I� N N O N i Soil MaN may not he valiel at bhis scale. �_ I� N 190 40'54"N 190 40'54"N 279290 279370 279450 27. 279610 279690 279770 b Map Scale:1:3,280 if printed on A portrait(8.5"x 11")sheet. LD Meters N 0 45 90 180 270 Feet 0 150 300 E00 900 Figure 6 Map projection:Web Mercator Caner coordinates: Zone WGS84 Edge tics:UTM 5N WGS84 usoA Natural Resources Web Soil Survey 5/15/2023 Conservation Service National Cooperative Soil Survey Page 1 of 3 The majority of the site is heavily vegetated with non-native trees and shrubs such as african tulip (Spathodea campanulata), norfolk(Araucania columnaris), areca palm (Dypsis lutescens), bingabing (Macaranga grandifolia), and gunpowder tree (Trema orientale). The property had previously been planted with coffee (Coffea arabica) and macadamia nut(Macadamia tetraphylla), which remain on site. Ornamental plants around the existing residence include hapu`u (Cibotium menziesii), money tree (Dracaena marginata), song of india (Dracaena reflexa), and hedges. Introduced bird species (such as dove, Japanese White-eye, house finch, myna) are common in this area. Domestic animals such as cats and dogs, and other animals like rats and mongoose are also common. These are all common and not endangered. It would be possible for the Hawaiian Hawk(Po), Hawaiian Owl (Pueo), and the Hawaiian Hoary Bat to be in the vicinity of the property. However, no development or change in land use would occur under the proposed action, therefore, no adverse impacts to flora or fauna are expected to occur. d. Historic/Cultural/Archaeological Resources Although no commissioned archaeological survey of the site was conducted it is highly unlikely that any historic sites would be found on the property as the parcel has been used for residential purposes for many years and has been previously cleared. Historic aerial photos from 1965 (Figure 7) and the State Agricultural Land Use Map (Figure 8)both indicate that the land has been previously cleared and planted as an orchard. The applicant confirmed that the property had been planted in coffee and macadamia orchard long ago and those trees remain on the property. The land use history of the property makes the possibility of discovering previously unidentified historic or archaeological sites very unlikely. However, in the event any inadvertent discoveries are made during the project, the applicant will immediately notify the County Planning Department and the State Historic Preservation Division to secure their clearances before proceeding. e. Valued Cultural Resources 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. Specifically, there must be a discussion on the cultural, historical and natural resources, as well as the associated traditional and customary practices of this site. In this situation, the subject site is not adjacent to the shoreline. As such, gathering of marine life and coastal access is not an issue. It is not known whether the subject or immediate surrounding area was used in the recent past for gathering of plants native Hawaiians. The applicant has not observed any such activity on site. There is also no access to mountainous regions mauka of the site. Thus, it would appear unlikely that 17 1965 Aerial Photo of Subject Area 1t �'r r Figure 7 �n¢�Ua O � jZ o a N E Q • 0 Y fn u, • c+) pOQ...in 11i \ • U(7�W j � Z a � E W Woek•u v ���'U._ In 2 _ mLO Z c� 0.E O O =u<T `O T L(n • \ C Q O N •tTd�T•�` — � � � 2 _ •�� • -rTEEm LL • • • • / ^ "O 10 ui • 0 L • w ol • O • • Till 1 w l U l a Z 1, o F 10 r m10 •' • U F LL 5� :haketWSE---•—_-{dakan'�':__-- N iA �-' I • � N C � O 7 N U U O N Z J J Q � o N o = ry U N CL ^ C � �•, O C V � 7 O O E Q C Lo N 00 'O U • • U) C fiaus • 0 (6 tl) • • U - • O .3-� d l!� Q the site would serve such purpose today. In the event that legitimate gathering claims are made by native Hawaiians, the applicant intends to respect and honor such claims and provide the legal and needed access within the site. Based on the above, it does not appear that the project would have any potential adverse impact relative to the cultural and historical resources of the area. L Water and Coastal Resources The subject site is located approximately 3 miles from the coastline and sits roughly 500 feet above sea level. An existing single-family residence has been in place since 1963 with an existing wastewater disposal system. No change in land use or development is proposed at this time under the request. As such, coastal impacts resulting from discharge of wastewater systems or development from the site should be negligible. g. Noise,Air Quality, and Dust The proposed rezone and subdivision should not generate any direct long-term noise or air quality impacts. No further development of the land or construction is being proposed at this time. The existing single-family residence will be maintained as it has been for many years. The remaining 4.5-acre lot would be sold uncleared and undeveloped. Therefore, noise and air quality will remain unaffected by the project and will remain at the current residential level. h. Scenic and Visual Considerations The County of Hawaii General Plan outlines regulations to preserve areas of natural scenic beauty. In the Natural Beauty element of the General Plan, there are sites or areas listed as being scenic resources. There are no listed sites of natural beauty within the subject property area. The project will not affect any scenic or visual resources as no further development or change in land use is proposed. The surrounding area is a mixture of agricultural and residential in nature and will be maintained as such under the request. VI. SOCIAL AND RELATED CONSIDERATIONS a. Surrounding Land Uses The surrounding area is a mixture of residential and agricultural lots, with A-3a located to the north, east, and west. Also to the north is a triangular lot designated as Open zoning. Areas zoned RS-10 and RS-15 are located to the east and south. To the southwest is A-la. Hilo Life Care Center is located 1 mile to the east along West Kawailani Street. 20 b. Economic Impacts The requested change of zone from A-3a to RS-20 will allow the applicant to maintain a manageable 0.5-acre residential lot for her existing single-family dwelling. The remaining 4.5-acre lot will offer greater utility and value to a different landowner who intends to use the land for agricultural purposes. This will also increase opportunity to a new landowner and economic benefit to the community through additional property taxes. c. Agricultural Impacts The subject site has a LUPAG designation of Low-Density Urban and a State Land Use designation of Urban. Soil suitability is also not classified by the Land Study Bureau (LSB) or the Agricultural Lands Important to the State of Hawaii (ALISH). The proposed action would inherently have negligible agricultural impacts as the request involves maintaining 4.5-acres of agriculturally zoned land. The current landowner and applicant is unable to manage the subject parcel in its entirety and does not intend to use the land for agricultural purposes. The rezone request will therefore improve agricultural opportunity by offering 4.5-acres to a landowner who intends to utilize the land agricultural activities. VIL INFRASTRUCTURE CONSIDERATIONS a. Road The subject property is accessible via West Kawailani Street, which is a County owned and maintained roadway. The parcel is located roughly 0.85 miles north along W. Kawailani Street from its intersection with Komohana Street. It is situated between Puhau Street and Makani Circle. The 0.5-acre rezoned lot will continue to be accessed from West Kawailani Street and the existing driveway for the single-family residence. Access to the 4.5-acre lot will be provided by an existing reciprocal easement and private paved road along the property's eastern boundary (Figure 2). b. Water The subject site is currently served by the County Department of Water Supply (DWS)through one (1) existing 5/8-inch water meter. This meter allows for an average daily usage of 400 gallons, which is suitable for the proposed single-family residence. According to DWS, an additional meter is available to the site for the requested rezone and subdivision to serve the newly created lot(Exhibit A). 21 c. Wastewater The existing single-family residence on the property was built in 1963 with a Department of Health approved wastewater disposal system. Wastewater disposal will not change with the rezone request since no changes to the dwelling or land use or proposed. When the 4.5-acre lot is sold and developed, then all structures will need to meet Department of Health approval for wastewater system disposal. d. Solid Waste and Hazardous Substances Solid waste is currently handled through the homeowner and applicant into authorized landfill sites and transfer stations. This will remain the same under the proposed action. Levels of solid waste will also remain under normal residential conditions as no change in land use or development is proposed. The requested RS-20 zoning does not increase the potential for toxic or chemical waste disposal. e. Other Utilities All other utilities, such as telephone and electric power, are already available to the site and accommodate the existing single-family residence. VIII. IMPACT SIGNIFICANCE ANALYSIS a. Relationship Between Local Short-Term Uses of Environment and Maintenance and Enhancement of Long-term Productivity If the request were to be denied, the entire 5.1-acre property would maintain A-3a zoning. While the lot would still serve a residential purpose, the majority of the land would remain overgrown, and underutilized as the applicant would continue to be unable to manage it. Much greater utility and value would be given to each separate parcel under the rezone request. b. Irreversible and Irretrievable Commitment of Resources The subject request does not propose any further development or change in land use on the property; therefore, it is not likely that approval of this request would result in an irreversible commitment of natural or archaeological resources. The parcel has a State Land Use designation of Urban and is unclassified by the Land Study Bureau. The requested action will not interfere with the agricultural potential of the parcel as only 0.5-acres of the roughly 5-acre parcel would be rezoned to RS-20. The remaining 4.5-acres would remain agriculturally zoned as A-3a. 22 Although no archaeological survey was commissioned by the applicant, due to the history of clearing and previous agricultural use of the property, it is unlikely that any impact to these resources would occur. The property would continue to support one (1) single-family residence under the request. There would be the potential to develop a farm dwelling on the 4.5 acre remaining agriculturally zoned lot. No irreversible commitment of natural, cultural, or archaeological resources is anticipated. In the event any undiscovered historic, cultural, or archaeological resources are found, the Department of Land and Natural Resources, State Historic Preservation Division would be contacted immediately for appropriate action. c. Mitigative Measures Very limited improvements are anticipated to be required to accomplish the subdivision. For example, a new water meter would need to be installed serving the new agricultural lot. Any improvements necessary would be made in a manner generally consistent with the subdivision process. If there is any construction activity, contractors will be obligated to comply with the appropriate State noise and air quality standards. Should unanticipated archaeological finds be discovered in conjunction with any further development of the site, work will cease, and clearance will be secured before work is resumed. d. Alternatives to the Proposed Project i. No Project Under the status quo alternative, the parcel would maintain its current A-3a zoning with one (1) single-family residence and supporting infrastructure. Despite the agricultural zoning, the use would continue to be residential in nature as the landowner cannot manage the full 5-acres of land and does not intend to engage in agricultural activities. ii. Alternative Zoning The proposed use could potentially be achieved with a change of zone to Single-Family Residential 15,000 square feet(RS-15) or Residential and Agricultural District 0.5-acres (RA-0.5). Although RS-15 is compatible with the surrounding area, the applicant does not wish to obtain this higher density. RS-20 zoning is just as compatible and suitable for the proposed use. In addition, the applicant does not intend to engage in any agricultural activities, therefore RA-0.5 is not as consistent with the proposed use or the surrounding area. 23 The alternative of requesting the change of zone to a residential designation for a greater portion or the entirety of the parcel. While this request would also be consistent with guidance documents and surrounding uses, the applicant does not have the capacity, time, or desire to build a larger subdivision. iii. Evaluation of Alternatives The status quo alternative would not be ideal as the use of the property would likely continue to be solely residential in nature despite its agricultural zoning since the landowner is not able to manage the full 5-acre parcel and does not intend to engage in agricultural activities. Alternative zoning such as RS-15 or RA-0.5 are also not ideal since the applicant does not wish to obtain higher density nor engage in any agricultural activities. The proposed change of zone from A-3a to RS-20 involves no further development of the land and would have no impact to the area's social and physical infrastructure. Further, the project would be consistent with the land use objectives sought to be accomplished by the County General Plan LUPAG map. In view of the aforementioned, it would appear that none of the alternatives would be more appropriate and beneficial than the requested RS-20 alternative. IX. REGULATORY ANALYSIS a. General Plan LUPAG Map The General Plan provides for the long-range comprehensive development of the island of Hawaii. It provides direction for balanced growth in the County. The LUPAG map designates the site Low Density Urban, a designation that is conducive to RS-20 zoning. Accordingly, this request would be consistent with the LUPAG map. b. General Plan Policies The requested zoning would be consistent with the goals, policies, and standards of the General Plan document. 24 For one, it may provide economic opportunities from creating a fee-simple property that will generate property taxes. In doing so, the resultant project should add revenues to the County and State coffers. The project intends to be energy conscious as no improvements to the existing single- family residence or related infrastructure are planned at this time. Energy use will be consistent with existing levels as the property has operated in a residential manner for many years and intends to continue at the same rate. No development is currently proposed for the remaining 4.5 acres that would maintain A-3a zoning under this request. Maintaining and improving the quality the of environment is important to the success of the project. The General Plan identifies five (5) areas of environmental concerns— air pollution, water quality, soil pollution, solid waste disposal, and noise pollution. As proposed, the project would not violate any of those objectives. Air pollution associated with the project will be negligible and only include the very limited vehicular transmission associated with the existing single-family residence. All wastewater would continue to be handled by the existing wastewater disposal system. This, combined with the distance of the property from the coast, should be sufficient to address any potential groundwater or coastal water impacts. If required, while not necessary for a project of this nature and size, a solid waste management plan could be prepared and implemented. The project will also be minimal in noise, except what may be associated with the existing general residential use. Any noise-generating facility, such as air conditioners, would be carefully placed to minimize their noise to adjoining properties. The project site is outside of the boundaries of a flood way and has no existing drainage issues. Nonetheless, if required, a drainage system will be designed and constructed in a manner to protect the property as well as minimize the volume of surface runoff if determined to be necessary. There are no known archaeological or historic resources on the site and previously undocumented sites are not anticipated to be encountered. Nonetheless, work will cease if any archaeological resources are discovered during the course of the project. Work will resume only after proper clearances from the State and/or County have been received. It is possible for the Hawaiian Hawk(Io), Hawaiian short-eared owl (Pueo), and Hawaiian Hoary Bat to be in the area. However, no development or improvements are proposed to the existing single-family dwelling, therefore the request should not have any significant impacts on rare or endangered plant or animal life in this area. The proposed RS-20 zoning will help fulfill the objectives of the housing element by creating one lot available for residential use and one lot for agricultural use with the 25 potential for farm dwelling development. The General Plan also emphasizes that developments be mindful of an area's natural beauty. The subject parcel has been used residentially for many years and fits in with the surrounding natural terrain and beauty of the neighborhood and its surrounding parcels. As the project site is approximately 3 miles from the ocean and has an elevation of roughly 500 feet above sea level, the usual coastal resources concern is not pronounced. There will be no interference with shoreline access. There will be little to no impacts to public facilities as no development is being proposed. Vehicular access to the site is via West Kawailani Street, a County owned and maintained roadway that is accessible by emergency vehicles. Schools and other public facilities are located proximate to the site, an average of 2 to 3 miles away. Finally, in terms of the Land Use, Housing, and Economic elements, the pertinent goals, policies, and standards of the General Plan note the following: Land Use Elements • 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. • Encourage urban development within existing zoned areas already served by basic infrastructure, or close to such areas, instead of scattered development. • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. • To maximize choices of single-family residential lots and/or housing for residents of the County. • 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. • Area shall have basic improvements and amenities necessary for immediate use. 26 Economic Element • Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. Housing Element • Improve and maintain the quality and affordability of the existing housing inventory. Discussion: In view of the foregoing goals and policies, it is noted that the requested zoning would be generally compatible with the surrounding area. The request is in keeping with the parcel's State Land Use designation of Urban. Also, much of the surrounding area to the south and east is residential in nature. Similar requests for a change of zone have been approved in the area, including the adjacent parcel directly to the east, identified as TMK (3) 2-4-079: 004. Under Ordinance No. 592 and 593, 1.194 acres of a 5.1-acre parcel was changed from A-3a to RS-20 in 1980. Additionally, TMK (3) 2-4-003: 035, located to the east rezoned 3.125-acres under Ordinance No. 2334 from A-3a to RS-15 in 2023. Thus, the requested RS-20 zoning reflects the goals of the General Plan. Since the property has contained a single-family residence for decades and proposes no further development, adequate facilities already exist to serve the project. The site is already serviced by adequate infrastructure including police and fire protection services and all other utilities. As such, this request should not require additional public services. The property has no severe topographic or geologic problems that would render the land unusable for the proposed subdivision and activity. The current landowner simply cannot manage the full 5-acre parcel on their own. The creation of a new 4.5- acre lot could offer the community and a new landowner greater utility and value. c. Hilo Community Development Plan As noted earlier, the Hilo CDP was adopted by the Planning Commission in 1975 and was intended to further define the General Plan and provide short and middle range implementation strategies of the General Plan. Since the adoption of the HCDP, there have been significant land developments in the City of Hilo. These developments along with many other changes in Hilo over the years render many of the HCDP land use concepts obsolete. 27 d. Zoning The designated zoning of the site is A-3a. Should the proposed zone change for the requested portion to RS-20 be approved, the requirements of the zoning code would generally be complied with, including use and related development standards. e. State Land Use Standards The State Land Use Designation is Urban. The Urban district generally includes lands characterized by "city like" concentrations of people, structures, and services. The RS-20 zoning is not contrary to the State Land Use Urban Standards. X. CONCLUSION Based on the consistency of the rezone request with the County's land use policies, approval of this request would be logical and reasonable. The current landowner cannot manage the full 5-acre property as it is and is not utilizing the land for its agricultural potential. The request will help fulfill the need for more fee-simple agricultural development opportunities and still maintain consistent zoning with surrounding area and properties to the south and east. 28 �FWATES Exhibit A 19 ?49 DEPARTMENT OF WATER SUPPLY ® COUNTY OF HAWAVI 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAI'I 96720 TELEPHONE (808) 961-8050 • FAX (808)961-8657 June 26, 2023 Mr. John Pipan Planning Administrator Land Planning Hawaii LLC 194 Wiwo`ole Street Hilo,HI 96720 Dear Mr. Pipan: Subject: Water Availability Tax Map Key 2-4-079:002 This is in response to your letter of June 6, 2023. Water can be made available from an existing 16-inch waterline along Kawailani Street. In accordance with the Department's existing water availability conditions, the water availability for the proposed lots is subject to change without notice. For your information, one unit of water is equal to an average daily usage of 400 gallons, which is suitable for only one (1) single-family dwelling. 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, depending on the water situation. The subdivision application may be granted water service upon compliance with the following conditions: 1. Construct necessary water system improvements, which shall include, but not be limited to: a. service laterals that will accommodate a 5/8-inch meter to front each lot, b. subject to other agencies' requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development,the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities, should they be necessary, and . . . Water, Our Vost Precious Resource . . . Ka Wai A Kane. . . The Department of Water Supply is an Equal Opportunity provider and employer. Mr. John Pipan Page 2 June 26, 2023 C. fire hydrants spaced no more than 600 feet apart. On dead-end streets,the last fire hydrant shall be located at one-half the distance from the last house, or unit, fronting the property or driveway or access to the property. 2. Submit construction plans prepared by a professional engineer, registered in the State of Hawaii, for review and approval. 3. Remit the prevailing facilities charge, which is subject to change, as shown below: FACILITIES CHARGE (FC): 1" service Paid Two 2) additional units cr $6 095.00/unit $12,190.00 Total FC $12,190.00 This is due and payable upon completion of the installation of the required water system improvements and prior to final subdivision approval being granted. 4. Should it be necessary,the appropriate documents shall be submitted,properly prepared and executed,to convey the water system improvements and necessary easements to the Water Board of the County of Hawaii prior to final subdivision approval being granted. A registered land surveyor shall stamp and certify the metes and bounds description within the conveyance documents. However, prior to water meter services being granted to the development, or any lots within,the conveyance documents shall be accepted by the Water Board. Should there be any questions, please contact Mr. Troy Samura of our Water Resources and Planning Branch at(808) 961-8070, extension 255. Sincerely yours, -?c PPS -,(— Keith K. Okamoto, P.E. Manager-Chief Engineer TS:dfg DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: August 16, 2023 fteft*W0449W TO: Zendo Kern, Planning Director FROM: Department of Public Works, Engineering Division i SUBJECT: CHANGE OF ZONE APPLICATION (PL-REZ-2023-000048) Request: Agricultural — 3 Acres (A-3a) to Single-Family Residential — 20,000 Square Feet (RS-20) Applicant: Constance Imamura TMK: 2-4-079.002 We have reviewed your submittal dated July 20, 2023 and offer the following comments for your consideration: 1 . 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. 2. 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. 3. Based upon the proposed zoning, we recommend that the applicant provide improvements to the subject's Kawailani Street frontage consisting of, but not limited to, pavement widening with paved shoulders and swales, drainage improvements, and any required utility relocation, meeting the requirements of the Americans with Disabilities Act. The improvements shall be located within any future road widening setback as may be established by the Planning Department. The dedication of the widening and improvements should be at no cost to the County. 4. Install streetlights and traffic control devices as may be required by the Traffic Division, Department of Public Works. The applicant shall be responsible for the design, purchase, and installation of such devices. Questions may be referred to Robyn Matsumoto at 961-8924. Planning D.p; Exhibit 3 County of Hawaii is an Equal Opportunity Provider and Employer 0 WATFkB .i k9l ;99 DEPARTMENT OF WATER SUPPLY - COUNTY OF HAWAVI �,�`�. .•-' �� 345 KEKIJANAO'A STREET, SUITE 20 - HILO, HAWAI`I 96720 F ifAW A ' TELEPHONE(808) 961-8050 - FAX (808)961-8657 July 31, 2023 CON PLANNING CF.PPT AUG 2 2023 PH, :10 TO: Mr. Zendo Kern, Director Planning Department FROM: Keith K. Okamoto, Manager-Chief Engineer SUBJECT: Change of Zone Application (PL-REZ-2023-000048) Applicant—Constance Imamura Request: Family Agricultural—3 Acres (FA-3a) to Single-Family Residential - 20,000 Square Feet(RS-20) Tax Map Key 2-4-079:002 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 Kawailani Street. In accordance with the Department's existing water availability conditions,the water availability for the proposed lots is subject to change without notice. Please be informed that there is one(1)existing 5/8-Inch meter, (Account No. 182-27800) fronting the existing parcel. The Department requests that the applicant designate, in writing, which lot within the proposed subdivision will be assigned the existing service, prior to recommending final subdivision approval. Should the existing meter or service lateral not front the parcel that it will serve, the existing meter or service lateral would need to be relocated to comply with the Department's Rules and Regulations. The Department requests that the plat map be revised to show the existing meter locations with the meter numbers. 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 one additional unit requested for the proposed 2-lot development, the required water commitment deposit is $150.00. Remittance by the applicant of the $150.00 is requested as soon as possible so that a water commitment may be formally issued. The commitment will be in writing with specific conditions and effective dates stated. Please keep in mind that this letter shall not be construed as a water commitment. In ether words, unless a water commitment is officially effected,water availability is subject to change without notice, depending on the water situation. . . . °Water, Our_gfost(Precious W§source . . . X,a WWal,4 Xdne. . . Planning Dept. Exhibit 4 The❑epartment of Water Supply is an Equal Opportunity provider and employer. Mr. Zendo Kern, Director Page 2 July 31, 2023 1. Construct necessary water system improvements,which shall include, but not limited to: a. service laterals that will accommodate a 5/8-inch meter to each lot, b. installation of a fire hydrant within 300 feet proposed Lot B-I-A, 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. 2. Submit construction plans. prepared by a professional engineer licensed in the State of Hawaii, for review and approval. 3. Remit any facilities charge balance due, this will be determined upon completion of Subdivision Application. FACILITIES CHARGE {FC}: I existing service Paid 1 additional unit ra7 $5 095.001unit 6 095.00 Total FC $6,095.00 This is due and payable upon completion of the installation of the required water system improvements and prior to final subdivision approval being granted. For your information, water commitment deposits are credited towards the final facilities requirement for the development. Note that the amount of water commitment deposit may exceed the prevailing facilities charge amount; for example, when requests for time extensions continue and are approved. Until the development is finally completed,these are separate and unrelated items. In the event that water commitment deposits exceed the facilities charge, no refunds are applicable. 4. Submit the appropriate documents, properly prepared and executed,to convey the subdivision 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 July 31, 2023 Should there be any questions, please contact Mr. Troy Samura of our Water Resources and Planning Branch at (808) 961-8070, extension 255. Sincerely yours, cr_�S �Kcith K. Okamoto, P.E. Manager-Chief Engineer TS:dfg copy - Ms. Constance Imamura Mitchell D.Roth �',� y ''- Ramzi I.Mansour Mayor Director .' ;, Lee Lord . Brenda Iokepa-Moses `+ate..:'�` Managing Director Deputy Director County of Hawaii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuando`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, Directo Department of Environmental Management DATE: July 24, 2023 SUBJECT: Change of Zone Application(PL-REZ-2023-000048) Request: Agricultural—3 Acres (A-3a) to Single-Family Residential— 20,000 Square Feet (RS-20) Applicant: Constance Imamura Tax Map Key: (3) 2-4-079:002, 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 provides the following comments (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 Hawai'i is an Equal Opportunity Provider and Employer Exhibit 5 CGN PANNING DEP JUL 25 2023 Pm3:26 J+ty'��M1y Mitchell D. Roth °' \�`'.: Benjamin T. Moszkowicz Valor Police chief w of "� Reed K. Mahuna Acting Oepun•Police Chief County of Hawai' i POLICE DEPARTMENT 349 Kaprolani Street • Hilo,Ilawai"i 96720-3998 (808)935-331 1 . Fax(808)961-2389 July 20, 2023 TO: ZENDO KERN, PLANNING DIRECTOR, COUNTY OF HAWAII, P NNING EPART FROM: �ASNSTANT POLICE CHIEF SUBJECT: CHANGE OF ZONE APPLICATION (PL-REZ-2023-000048) APPLICANT: CONSTANCE IMAMURA REQUEST: AGRICULTURAL — 3 ACRES (A-3A) TO SINGLE FAMILY RESIDENTIAL — 20,000 SQUARE FEET (RS-20) TAX MAP KEY: (3)2-4-079:002, SOUTH HILO, HAWAII Staff received your memorandum dated July 18, 2023, regarding the change of zone application for the subdividing of a land parcel on West Kawailani Street in Hilo. 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, you may contact Captain Sandor Finkey, South Hilo district commander directly at (808) 961-2214 or through email at sandor.finkey@hawaiicounty_gov. SF/23HQ0919 Planning Dept. Exhibit 6 "I lawai'i county is an Equal Opportunity Provider and Employer HAWAII FIRE DEPARTMENT . COUNTY OF HAWAII . HILO, HAWAII 96720 DATE July 25, 2023 Memorandum TO TRACIE LEE CAMERO, COUNTY OF HAWAII, PLANNING DEPT. FROM CAPTAIN CLINTON BAYBAYAN, FIRE PREVENTION BRANCH SUBJECT: CONSTANCE IMAMURA, CHANGE OF ZONE, (PL-REZ-2023-000048) 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.BUbgyanghawaiicoun . .gov 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. KENNETH S. FINK, M.D,MGA, MPH 6...........9 GOVERNOR OF HAWAII r�+•"ys9'�;' DIRECTOR OF HEALTH KE KIA'AINA O KA MOKU'AINA O HAWAI'I y: KA LUNA HO'OKELE 4Q.�q•©.I�t�•r]oG� STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: July 21, 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-2023-000048) Request: Agricultural—3 Acres (A-3a)to Single-Family Residential —20,000 Square Feet(RS-20) Applicant: Constance Imamura Tax Map Key: (3) 2-4-079:002, 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: https://health.hawaii._gov/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 Dept. Exhibit 8 Zendo Kern July 21, 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: hllps:Hhealth.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:Hhealth.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: hgps://health.hawaii.gov/epo/landuse/. 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 hops://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 July 21, 2023 Page 3 of 4 Safe Drinking Water program: hgps://health.hawaii.gov/sdwb/. 2. Standard comments for the Safe Drinking Water Branch can be found at: hgps://health.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: hgps:Hhealth.hawaii.gov/epo/landuse/. Wastewater Branch For comments,please email the Wastewater Branch at.doh.wwbgdoh.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 July 21, 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 CHARPERSON GOVERNOR I KE KIA•AINA BOARD OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT SYLVIA LUKE LIEUTENANT GOVERNOR I KA HOPE KIA•AINA LAURA H.E.KAAKUA FIRST DEPUTY M.KALEO MANUEL DEPUTY DIRECTOR-WATER coo `dam 4 g ; AQUATIC RESOURCES Fe 9 S j BOATING AND OCEAN RECREATION BUREAU OF CONVEYANCES • i COMMISSION ON WATER RESOURCE MANAGEMENT ❑ �, CONSERVATION AND COASTAL LANDS CONSERVATION AND RESOURCES ENFORCEMENT ENGINEERING '-' FORESTRY AND WILDLIFE S. of H HISTORIC PRESERVATION KAHOOLAWE ISLAND RESERVE COMMISSION LAND STATE OF HAWAII I KA MOKU`AINA`O HAWAI`I STATE PARKS DEPARTMENT OF LAND AND NATURAL RESOURCES KA`OHLANA KUMUWAIWAI`AINA STATE HISTORIC PRESERVATION DIVISION KAKUHIHEWA BUILDING 601 KAMOKILA BLVD,STE 555 KAPOLEI,HAWAII 96707 July 24,2023 IN REPLY REFER TO: Zendo Kern,Director Project No. 2023PR00887 Planning Department Doc.No. 2307JG15 County of Hawaii Archaeology Hilo,HI 96720 101 Pauahi Street, Suite 3 plannin hawaiicounty. oovv Dear Mr. Kern: SUBJECT: Chapter 6E-42 Historic Preservation Review County of Hawaii Change of Zone Permit Applicant:John Pipan(Landowner's representative) Waiakea Ahupua`a,South Hilo District,Island of Hawaii TMK: (3)2-4-079:002 This letter provides the State Historic Preservation Division's (SHPD's) review of the subject County of Hawaii Change of Zone Permit Application received by our office on July 21, 2023. The submittal also included a map, satellite image,and a photo of the project area or parcel. The applicant proposes the rezoning of a 0.5-acre portion of the 5.16-acre parcel from Agricultural — 3 acres (A3a) to Single Family Residential — 20 acres (RS20); no gound- disturbing activites are proposed as part of the current project. A review of SHPD records indicates that no archaeological inventory survey has included the currently proposed project area and no historic properties have been previously identified within the project parcel. The submittal materials indicate that the current project area was previously impacted by the devopment of an existing residence in 1963 under Permit No. 25911. Additionally, historic (1965) aerial imagery indicates that the project area was previously impacted by landclearing activities. Based on the information below, SHPD's determination is no historic properties affected for the current project. Pursuant to HAR§13-284-7(e),when the SHPD agrees that the action will not affect any significant historic properties, this is the SHPD's written concurrence and historic preservation review ends.The HRS 6E historic preservation review process is ended. The permit issuance process may continue. Attach to permit: If historic properties such as lava tube openings, concentrations of artifacts, structural remains or human skeletal remains are found during construction activities please cease work in the immediate vicinity of the find, protect the find from additional disturbance, and contact the State Historic Preservation Division at(808)933- 7651. Please contact Joshua Gastilo at Joshua.gastilokhawaii.gov for any questions or concerns regarding this letter. Planning Dept. Exhibit 9 Mr.Kern July 24,2023 Page 2 Aloha., Alan S.Downer,PhD Administrator,State Historic Preservation Division Deputy State Historic Preservation Officer cc: Tracie-Lee Camero,tracie-lee.cameroghawaiicouM. og_v John Pipan,infoglandplanninghawaii.com