2015-04-02 HearingTranscript - Harry and Sandra Freitas _REZ 14-185_

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This is our General Plan Land Use Pattern Allocation Guide Map. The subject property is identified as Important Agricultural Lands. This is a zoomed in photo of our County zoning map. The subject property, again, is identified with a black outline. And for reference, we have Volcano Highway running in the middle of the map, and the location of the Mountain View town center. The dark green on the map represents Agricultural – 20 acres. The light green represents Agricultural - 5 acres. This is an aerial photo. Just for reference, the access road to the property from Volcano Highway is Pszyk Road. I hope I’m pronouncing that accurately. The Applicants are provided access through an easement on the adjoining property, and again, the subject property is identified with a black outline. Currently, there is one dwelling located on the property. The Applicants are requesting a change of zone from Agricultural – 20 acres to an Agricultural – 5 acre zoning district for 50 acres of land to subdivide the property into six lots, and provide an inheritance and legacy for their children. Water needs are proposed to be met through privately owned catchment systems for the proposed 6-lot subdivision if the change of zone request is approved. The Planning Director is recommending an unfavorable recommendation be forwarded to the Hawai‛i County Council for the following reasons. The proposed request does not meet the minimum water concurrency requirements as required by law. The proposed request does not conform to the goals, objectives, and actions of the Puna Community Development Plan. And lastly, the proposed request does not conform to, among others, the stated goals and policies of the land use and land use agricultural General Plan elements. We’re gonna briefly discuss number 1. Number 2 and number 3 are discussed in more detail in the Recommendation. The proposed request does not meet the minimum water concurrency requirements as required by law. In 2007, the Hawai‛i County Council had initiated an ordinance called concurrency to require that each zoning meet certain standards. Within that law, they were meeting standards for roadways and traffic as well as water. Since then, there’s been additional areas added to the concurrency law including requirements for Civil Defense sirens. When, when they were proposing this ordinance, the Council found that it was desirable to have standard expectations for water supply for, for change of zone actions. So, Section 25-2-46, Subsection m of the Zoning Code states a change of zone application shall not be granted unless. I wanted to bring your attention to the word “shall.” So that word is a strong word used in, in law, which mandates us that we have to follow this. It’s not should or may. The Department, number 1, the Department of Water Supply has determined that it can meet the water requirements of the project and issue water commitments using its existing system or number 2, specific improvements to the existing public water system or private water system equivalent to the requirements of the Department of Water Supply will be provided to meet the water needs of 2 EXHIBIT A