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HomeMy WebLinkAboutCOM 0743.000 2020-2022 V®i h - +. Lee E.Lord ��','`'.`• Managing Director Mitchell D.Roth *: Mayor Robert H.Command P tJ De ar Managing Director +rE OF 10 Coffin of fhr Anvor 25 Aupuni Street,Suite 2603 Hilo,Hawaii 96720 • (808)961-8211 Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy.,Bldg C • Kailua-Kona, Hawai'i 96740 (808)323-4444 Fax(808)323-4440 April 1, 2022 m Maile David, Council Chair and Members of the County Council County of Hawaii 25 Aupuni Street r4 - Hilo, HI 96720 Dear Chair David and Council Members: SUBJECT: Change of Zone Application (PL-REZ-2021-000013) Applicant: Dale Herbert Trefz Request: Agricultural-1 Acre (A-la) to Single-Family Residential-15,000 Square Feet (RS-15) Tax Map Key: (3) 6-5-007:045-0001 & 0002; South Kohala, Hawaii As required by Chapter 7, Sec. 6-7.5 (a)(3), Hawai`i County Charter, transmitted herewith for the County Council's consideration and action are the Leeward Planning Commission's letter and enclosures regarding the above-referenced request. Sincerely, MITCHELL D. ROTH Mayor C:AUsers\nsauer\Doctiunents\PC\2022 COR\2022-03-17\Trefz\Council Packet\TCouncilTrefzPL-FEZ2021-0000131pc Enclosures cc: Planning Department Comm. No. Rei. To: PG — County of Hawaii is an Equal Opportunity Provider and Employer. Ref. sile 8 �� DocuSign Envelope ID:BF50FBFB-9AD1-4921-83DB-79CF926F6D75 JNtY oc�tly Mitchell D.Roth 4°° U '. Michael Vitousek,Chair yi tipr• Mayor Barbara DeFranco,Vice Chair Clement"0"Kanuha III Lee E.Lord Mahma Paishon-Duarte Managing Director ��rP ocN� Faith"Faye"Yates County of Hawaii LEEWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720 Phone(808)961-8288 Fax(808)961-8742 March 24, 2022 Maile David, Council Chair and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 1 Dear Chair David and Council Members: SUBJECT: Change of Zone Application (PL-REZ-2021-000013) Applicant: Dale Herbert Trefz Request: Agricultural-1 Acre(A-1a) to Single-Family Residential-15,000 Square Feet(RS-15) Tax Map Key: (3) 6-5-007:045-0001 & 0002; South Kohala, Hawaii The Leeward Planning Commission, at its duly held public hearing on March 17, 2022, considered the subject application for a Change of Zone from Agricultural-I acre (A-1a) to Single-Family Residential-15,000 square feet (RS-15) for 33,738 square feet of land. The subject property is located at 65-1310 Lihipali Road, approximately 170 feet northeast of its intersection with Opelo Road, Waimea Homesteads, South Kohala, Hawaii. a The Commission voted to forward a favorable recommendation to the County Council based on the Deputy Planning Director's recommendation. The Commission concurs with the following Deputy Planning Director's reasons for favorable consideration of the request: The applicant is requesting a Change of Zone from an Agricultural-1 acre (A-la) zoning district to a Single-Family Residential-15,000 square feet (RS-15) zoning district for 33,738 square feet of land. The property currently has two (2) condominium property regime (CPR)units: CPR 0001 (proposed Lot B-1) and CPR 0002 (proposed Lot 13-2), with one(1) single-family residence on each unit. The purpose of this request is to subdivide the property into two (2)lots of roughly 18,237 square feet and 15,501 square feet, consistent with the land area of each existing CPR unit,but free from CPR restrictions. According to the applicant, a subdivision application would be filed Hawai I County is an Equal Opportunity Provider and Employer DocuSign Envelope ID:BF50FBFB-9AD1-4921-83DB-79CF926F6D75 Maile David, Council Chair and Members of the County Council County of Hawaii March 24, 2022 Page 2 immediately after approval of the rezone request. The applicant anticipates having the property subdivided by the end of 2022 and estimates that the cost of the project to be minimal as access and utilities to the property have been long established for two (2) dwellings on the property. In order to consider an area for any type of zoning designation, the applicable goals,policies, and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The change of zone request from an Agricultural-1 acre (A-1a) zoning district to a Single-Family Residential-15,000 square feet(RS-15) zoning district conforms to applicable goals,policies, and standards of the General Plan. The subject, 3 3,73 8 square foot property is trapezoidal in shape, and slopes slightly from east to west. The subject property is currently improved with two (2) dwellings, one (1) on each CPR unit. CPR 0001 is 18,237 square feet in size and is improved with a 2,901 square foot dwelling that was built in 1963. CPR 0002 is 15,501 square feet in size and is improved with a 2,479 square foot dwelling permitted as an `Ohara Dwelling in 1988 and constructed in 1988. Each dwelling and related improvement is served by its own driveway from Lihipali Road. The parcels immediately to the east, south and west of the subject property are similarly zoned Agricultural 1-Acre (A-1 a) and are similarly of non-conforming sizes and primarily in residential use. Properties to the north are zoned Agricultural (A-400x) and used for cattle grazing. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed RS-15 zoning conforms to the LUPAG Map that designates the subject property as Low Density Urban(ldu), which allows for residential uses, with ancillary community and public uses as well as neighborhood and convenience-type commercial uses. The overall residential density may be up to six(6) units per acre. Additionally, there have been similar rezone requests approved in the vicinity of the subject property. Based on the preceding,proposed RS-15 zoning would effectuate an increase in density that would be consistent with the idu LUPAG designation and the land use pattern of the surrounding area. 4 Z DocuSign Envelope ID:BF50FBFB-9AD1-4921-83DB-79CF926F6D75 I Maile David, Council Chair and Members of the County Council County of I4awai`i March 24, 2022 Page 3 i I In addition,the proposed RS-15 zoning is consistent with the following Land Use goals,policies, and standards of the General Plan: ■ Designate and allocate land uses in appropriate proportions and mix and in keeping with the social cultural, and physical environments of the County. ■ Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. ■ 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 ofpublic services and utilities, access, and public need. ■ 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. The subject property is located in the South Kohala Community Development Plan(SKCDP) area and is situated within an already developed area as shown on the Waimea Town Conceptual Plan map. To protect important agricultural lands or culturally, visually, and environmentally important open space or resources in Waimea, the SKCDP recommends that Agricultural Zoning between A-5a and A-40a be retained. As the subject property is currently zoned A-la, designated ldu by the General Plan LUPAG map, and not situated within any culturally, visually, and environmentally important open space areas, these recommendations do not apply. All essential utilities and services are available to the site. The subject property is currently accessed via Lihipali Street, a County-owned and maintained roadway with 16-to 20-foot-wide pavement within a 40-foot right-of-way(ROW). In the vicinity of the subject parcel, there are five (5) large drainage facilitiesldrywells maintained by the County on the mauka side of the road. Each CPR unit is served with its own,paved driveway. According to the Department of Public Works-Engineering Division(DPW), all driveway connections must conform with Chapter 22, County Streets of the Idawai`i County Code, and access to Lihipali Road, including the provision of adequate sight distance must meet with the approval of DPW. The preceding will be added as conditions of approval. Finally, as the ROW that includes Lihipali Road is currently only 40 feet wide and the Subdivision Code's minimum ROW standard is 50 feet, a condition of approval will be added requiring the applicant to include a five (5)-foot-wide future road widening setback along the property's Lihipali Road frontage on any subdivision maps and to dedicate that land to the County upon the request of the Department of Public Works. I DocuSign Envelope ID:BF50FBFB-9AD1-4921-83DB-79CF926F6D75 Maile David, Council Chair and Members of the County Council County of Hawaii March 24, 2022 Page 4 The applicant intends to continue the residential use of the property with the two existing dwellings, and therefore there is no expected increase in traffic to the property and can be anticipated to create traffic trips equivalent to two single-family dwellings. Based on the preceding, no Traffic Impact Analysis Report(TIAR)requirement was triggered. According to the Department of Water Supply(DWS),water for the proposed project is available from two (2) existing DWS water meters. DWS requires that the applicant designate, in writing, which lot or lots within the proposed subdivision will be assigned the existing service,prior to final subdivision approval. DWS also stated that final subdivision approval will be subject to compliance with the requirements to construct necessary water system improvements. The preceding will be added as a condition of approval. As there is no municipal sewer system in the area, the two (2) existing dwellings are currently serviced by individual wastewater systems (IWSs)permitted by the state Department of Health(DOH)with the dwelling on CPR Unit 0001 serviced by a septic system and the dwelling on CPR Unit 0002 served by a permitted cesspool. According to the DOH Wastewater Division, the location of the existing IWS(s) may not meet the provisions of Hawaii Administrative Rule Chapter 11-62 regarding the setbacks from the (proposed new)property line based on the current subdivision layout. In response, the applicant provided more specific evidence that the proposed subdivision would meet the minimum required five(5) foot setback from the proposed property line to the IWS tank and absorption bed. As a reviewing agency, DOH will have an opportunity to vet this evidence more thoroughly during subdivision review and require additional improvements if necessary. Based on the preceding, a condition of approval will require that all IWSs will meet with the approval of DOH. Finally, as the requested rezoning will facilitate the creation of two (2) lots that will each contain a dwelling, no fair share condition was added triggered as that requirement normally applies to new dwelling units developed. There are no severe geological or topographical problems for the property that cannot be properly rectified, or which would render the land unusable. The majority of the subject parcel is in an area designated as Zone "X" (an area of minimal flood hazard) on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency(FEMA). A small portion of the northwest corner of the parcel is located in the Zone "XS" (an area of moderate flood hazard, usually the area between the limits of the 100- year and 500- year floods). As the applicants are not proposing any further development of the property, no impacts to drainage are anticipated. A public testifier submitted comments related to his personal observation of past flooding, including severe flooding events that have caused damage to surrounding properties. As I DocuSign Envelope ID:BF50FBFB-9AD1-4921-83DB-79CF926F6D75 Maile David, Council Chair and Members of the County Council County of Hawai`i March 24, 2022 Page 5 previously stated, the applicant does not anticipate any new construction as part of this request, however, standard conditions of approval will be added to require that all development generated runoff will be disposed of on site and not directed toward any adjacent properties and all earthwork activity, including grading, grubbing, and stockpiling, and the project will conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. Thus,the proposed change of zone meets this criterion. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The subject property is located approximately ten(10)miles from the nearest shoreline, is not situated within the Special Management Area and will not be impacted by coastal hazards and beach erosion. There are no identified recreational resources or public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources, historic resources in the area. Thus, the proposed request and use of the property will not adversely impact those resources. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the Hawaii State Supreme Court's "PASH" and"Ka Pa`akai U Ka Aina" decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural,historical, and natural resources and the associated traditional and customary practices of the site. As the subject property has been developed with a residential use since 1963, no professional archaeological and/or cultural studies were conducted of the property. No archeological or historical features are known to exist on the subject property and the applicant is not seeking to further develop the property(besides minor improvements and maintenance of the existing structures and dwellings). The subject site is not adjacent and/or proximate to the shoreline, thus the gathering of marine life and coastal access is not practiced, and the applicant has not observed any Native Hawaiians gathering plants on the subject property or the surrounding properties. Finally, due to the long-standing residential use of the subject property and suburban character of the surrounding neighborhood,no floral of faunal studies were conducted. The applicant indicated that floral and faunal resources on the property are limited to introduced, ornamental plants and introduced bird and small animal species. There are no known listed or endangered species situated on or in the vicinity of the subject property. Lastly, this recoznmendation is made v,,ith the understanding that the applicant remains responsible for complying with all other applicable governmental requirements DocuSign Envelope ID: BF50FBFB-9AD1-4921-83DB-79CF926F6D75 Maile David, Council Chair and Members of the County Council County of Hawaii March 24, 2022 Page 6 in connection with the proposed use,prior to its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permit, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the preceding findings,the request to rezone the property from an Agricultural-1 acre (A-la)zoning district to a Single-Family Residential-15,000 square feet(RS-15)zoning district would result in an appropriate land use pattern that would further benefit the general public. The accompanying draft bill to amend Section 25-8-7 (North and South Kohala District Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. We are enclosing copies of the Planning Department's Background and Recommendation, and the PowerPoint presentation. A draft transcript of the hearing will be provided under separate cover. Sincerely, f----Docu Signed by: A iG�Aa Vif 6v St t -=BBD4E37237964FD_.. Michael Vitousek, Chairman Leeward Planning Commission \\COHOI\planning\publicAwp60\PC\PCC2022-1\LTretzPL-REZ2021-0000131pc I Enclosure: Draft Bill Planning Department Background Report Planning Department Recommendation PowerPoint Presentation cc via email wlout encl.: Mr. John Pipan, Land Planning Hawaii LLC Mr. Dale Herbert Trefz Department of Public Works Department of Water Supply Jean Campbell, Esq., Deputy Corporation Counsel r R i k BTrerzREZ.crk.+.7-2o2-1 i COUNTY OF HAWAI`I PLANNING DEPARTMENT BACKGROUND REPORT DALE HERBERT TREFZ CHANGE OF ZONE APPLICATION (PL-REZ-2021-000013) DALE HERBERT TREFZ has submitted an application for a Change of Zone from an Agricultural-1 acre (A-la) zoning district to a Single-Family Residential-15,000 square feet (RS-15)zoning district for 33,738 square feet of land. The subject property is located at 65-1310 Lihipati Road, approximately 170 feet northeast of its intersection with Opelo Road, Por. NVaimea Homesteads, South Kohala, Hawaii, TMK: (3) 6-5-007:045-0001 & 0002. PROPOSED ACTION 1. Applicant's Request: The applicant is requesting a Change of Zone from an Agricultural-1 acre (A-1 a) zoning district to a Single-Family Residential-15,000 square feet(RS-15) zoning district for 33,738 square feet of land. The RS-15 zoning district with a minimum lot size of 15,000 square feet, would allow a maximum density of two (2) lots. The Single-Family Residential zoning district provides for lower or low and medium density residential use, for urban and suburban family life. Requirements for establishing a land use in the RS district, including a list of the variety of permitted uses, are shown in Section 25-5-1 to 25-5-8 of the Zoning Code. (Planning Department Exhibit I - Zoning Code Requirements for Single-Family Residential Districts) 2. Objectives of the Requests: The property currently has two (2) condominium property regime (CPR)units: CPR 0001 (proposed Lot B-1) and CPR 0002 (proposed Lot B-2), with one (1) single-family residence on each unit. The purpose of this request is to subdivide the property into two (2) lots of roughly 18,237 square feet and 15,501 square feet, consistent with the land area of each existing CPR unit, but free from CPR restrictions. 3. Construction Timetable and Cost: According to the applicant, a subdivision application would be filed immediately after approval of the rezone request. The applicant anticipates having the property subdivided by the end of 2022 and estimates that the cost of the project to be minimal as access and utilities to the property have been long established for -t- two (2) d- Wellings on the property_ 4. Landowners: Dale Herbert Trefz, Patsy Tena Trefz, Shaibat Roy and Yin Lina. S. Supporting Information: The applicant has submitted the following in support of their request. (Planning Department Exhibit 2 - Change of Zone Application dated December 7, 2021) PROPERTY PER--N/HT HISTORY 6. March 1, 1988: Finalized date of`Ohana Dwelling Permit (OD 55-16). 7. July 8, 1988: Date of recordation for the `Kamuela Heights' Condominium Property Regime(CPR) at State Bureau of Conveyances creating; a two (2)unit CPR. STATE AND COUNTY PLAN'S S. State Land Use Designation: Urban. 9. County Zoning: Agricultural 1-Acre (A-la). 10. General Plan LUPAG Map: The subject property is designated as Low Density Urban. Low Density Urban allows for residential uses, with ancillary community and public uses. It also allows for neighborhood and convenience-type commercial uses. The overall residential density may be up to six (6)units per acre. 11. South Kohala Community Development Plan (SKCDP): The subject property is in the SKCDP district and lies within a developed area shown on the 'Xaimea Town Conceptual Plan map. 12. Special k1anagement Area (S?1,'IA): The property, is located approximately ten (10) miles from the nearest shoreline and is not situated within the Special Management Area. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 13. Subject Property: The subject property is trapezoidal in shape, and slopes slightly from east to west. It is currently improved with two (2) dwellings, one (1) on each CPR unit. CPR 0001 is 15,237 square feet in size and is improved with a 2,901square foot dwelling that was built in 1963 (under Building Permit No, 2713). A recent survey of the property revealed that a portion of the eaves on the permitted carport may encroach over the eastern boundary of the parcel. If required, the landowner will correct this encroachment by way of removal or negotiation of an encroachment agreement with the adjacent landowner. CPR 0002 is 15,501 square feet in size and is improved with a 2,479 square foot dwelling permitted as an `Ghana D- eliffig It, 1988 and constructed in 1955 -2- i (Building Permit No. 880867). Each dwelling and related improvement is served by its own driveway from Lihipali Road. 14. Surrounding Zoning/Land Uses: The parcels immediately to the east, south and west of the subject property are similarly zoned Auricultural 1-Acre(_A-1a) and are similarly of non-confonninn sizes and primarily in residential use. Properties to the north are zoned Agricultural (A-400a) and used for cattle grazing_ 15. ALISH: The subject property is "Unclassified" on the State Agricultural Lands of Importance Map. 16. Land Study Bureau's Detailed Land Classification System: The subj ect property is unclassified on the Land Study Bureau (LSB)map. 17. U.S.D.A. Soil Survey: The soils on the subject property are classified as palapalai hydrous silt loam with 12 to 20 percent slopes. This soil is considered well drained with a medium runoff class. 18. FETMA FIRM NIAP: The majority of the subject parcel is in an area designated as Zone "X" (an area of minimal flood hazard) on the Flood Insurance Rate Map (FIRM)by the Federal Emergency Management Agency (FEMA). A small portion of the northwest corner of the parcel is located in Zone "XS" (an area of moderate flood hazard,usually the area between the limits of the 100-year and 500-year floods). As the applicants are not proposing any further development of the property,no impacts to drainage are anticipated. 19_ Flora/Fauna Resources: There were no professional suil%eys conducted of the Doral or faunal resources of the subject property, however the applicant does not believe that any rare or endangered floral or faunal resources are likely to be found within the subject property due to long developed residential use on the property and the suburban nature of the surrounding area. Vegetation found on the parcel consists of mainly introduced, ornamental landscaping plants (Monterey Cyprus,Agave, Japanese Maple, Bromeliads, Bamboo, `Ohia, etc.) and fauna found in the area include common introduced bird species, domestic animals, rats, pigs, and mongoose. 20. Are haeological/Historic/Cultural Resources: As the subjectproperty has been developed with a residential use since 1963, no professional archaeological and/or cultural study was conducted of the property. According to the applicant, no -3- archeological or historical features are known to exist on the subject property. The applicant is not seeking to further develop the land (besides minor improvements and maintenance of the existing structures and dwellings). The subject site is not adjacent and/or proximate to the shoreline. As such, gathering of marine life and coastal access is not an issue. It is not known whether the subject property or the immediate surrounding area was used in die recent past for the gathering of plants by Native Hawaiians. The applicant reports they have not observed any Native Hawaiians gathering plants on the subject property or the surrounding properties. 21. Public Access: There is no known public access to the mountain or shoreline that traverses through the subject property_ PUBLIC UTILITIES AND SERVICES 22. Vehicular Access: The subject property is currently accessed via Lihipali Street, a County-owned and maintained roadway with 16- to 20-foot-wide pavement within a 40- foot right-of-way. In the vicinity of the subject parcel, there are five (5) large drainage facilitiesldrywells maintained by the County on the mauka side of the road. Each CPR unit is served with its own, paved driveway. According to the Department of Public Works-Engineering Division (DPW), all driveway connections must conform with Chapter 22, County Streets of the Hawaii County Code, and access to 1-11 pati Road, including the provision of adequate sight distance must meet with the approval of DPN�V. 23. Traffic: As the applicant is not proposing any additional development,traffic impacts are expected to remain consistent with existing traffic to the two established dwellings on the property. 24. Water: The subject property is currently served by two (2) existing DWS water meters. Since the applicant intends to subdivide the subject property, the Department of yA7ater Supply (D vk S)requests that the applicant designate, in writing, which lot within the proposed subdivision wilt be assigned each of the existing service meters, prior to final subdivision approval. DG 'S also stated that final subdivision approval will be subject to compliance with the requirements to construct any necessary water system improvements. 25. Wastewater: As there is no municipal sewer system in the area, the two (2) existing dwellings are currently serviced by individual \ ante"water systen;s (IGS"Ss) permitted bV -4- the State Department of Health (DOH)with the dwelling on CPR Unit 0001 served by a septic system and the dwelling on CPR Unit 0002 served by a permitted cesspool. According to the DOH yN`astewater Division_the location of the existing MVS(s) may not meet the provisions of Hawaii Administrative Rule Chapter 11-62 regarding the setbacks from the (proposed new)property= line based on the current subdivision layout. In response, the applicant provided more specific evidence that the proposed subdivision would meet the minimum required five (5) foot setback from the proposed property line to the PAIS tank and absorption bed. 26. Solid Waste: There are no municipal waste collection services in the County. According; to the applicant, solid waste will be handled through commercial haulers or the individual homeowners into authorized landfill sites or transfer stations. 27. Essential Utilities and. Services: All essential utilities are available to the property. The closest police, fire and medical facilities are located nearby in )A'aimea. AGENCIES' COM.NIEiNTS 28. Department of Public Works, Engineering Division: (Planning Department Exhibit 3 —January 12,2022 A/lemo) 29. Department of Environmental -Management-Wastewater Division: (Planning Department Exhibit 4—January 12, 2022 Memo) 30. Department of Water Supply: (Planning Department Exhibit 5 —January 20, 2022 Letter) 31. Fire Department: (Planning Department Exhibit 6 —January 6, 2022 Memo) 32. State Department of Health: (Planning Department Exhibit 7 —January 10, 2022 i�%Iemo) AGENCIES AND ORGANIZATIONS—NO CONEXIENT/CONCERNS 33. Department of Environmental Management— Solid GNVaste Division, Police Department, State Office of Planning, State Department of Land and Natural Resources—Engineering Division. PUBLIC COMMENTS 34. Testimony from Victor Jensen: (Planning Department Exhibit 8—January 28, 2022 Letter) -5- 35. Testimony from Lynn Lanz, M.D. &Terry Lam: (Planning Department Exhibit 9— January 28, 2422 Letter) APPLICA\T'S RESPONSE TO AGENCY AND PUBLIC COXITNIENTS 36. Applicant's response to Jensen Testimony: (Planning Department Exhibit 14 — February 17, 2422 Letter) 37. Applicant's response to DOH Comments: (Planning Department Exhibit 11 — February 23, 2422 Letter) -6- Zommcr § 25-4-68 Section 25-4-68. Grounds for approval or denial. The director shall approve an application for recognition of a de nrinimis structure position discrepancy unless: (a) The discrepancy is greater than the (hfference as allowed by the de 127mimis structure position discrepancy definition, or (b) The director finds that the improvementwas 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. It-'the, director accepts the application for recognition of de mimmis 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 price without a variance_ (2002, ord 02-70, seg, •3,) Section 25-4-70. Disclosure. A de rnimmis structure position discrepancy shall be disclosed l)y the owner to subsequent purchasers of the property in question. (2002, ord 02-70, sec 8.) Section 25-4-71. Appeals. The director's decision with respect, to a de nnnimis 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 pro�.rides for lower or low and medium density residential use, for urban and subm-han family life. It applies to areas having facilities, and to carry out: the al)ove stated purpose. (1996, ord 96-160, sec 2; ratified April 6, 1099.) Section 25-5-2. Designation of RS districts. FEacn RS (single-family residential) district shall he designated on the zoning map by the symbol `RS" followed by a numher which specifies the required mininnuin building site area in thousands of square feet.. (1996, ord 96-160, sec 2; r�itified April 6, 1999.) 25-73 tl-yl 25-5-3 HA'WA.11�1 COUNTY CODE Section 25-5-3. Permitted uses. {a) `The following uses shell be, l7errnitted in the RS district: (1_) Adult,day care homes. (2) C onieteries and mausoleums, as permitted under chapter 6, article 1 of this; Code. (3) Community buildings, as permitted under section 25-4-1.1. (4) Crop production. (5) DWelhngs, 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. (1 1) Neighborhood parks, playgrounds, tennis courts, swimming pools, anal similar neighborhood recreational areas and uses. (1.2) Public uses and structures, as permitted under section 25-4-11. (13) Short-term vacation rentals situated in the general plan resort and resortnode 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 1-hose 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) Iced and breakfast establishments as permitted under section 25-4-7. (2) Care hornes. (3) Churches, temples and synagogues. (4) Crematoriums, funeral homes,, funeral services, and mortuaries. (5) Day care. centers. (6) (:lolf courses and relai ed golf course uses, including golf driving ranges, golf maintenance buildings and golf cluh 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) Telecoa itiumication antennas and towers. (11) Yacht harbors and boating facilities. (c) Buildings and uses oo-miallG considered directly accessory to the usa3s 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 1.2-28, sec 3; rim 201.1, ord 14-86, sec 3: ant 2018, ord 18-114, sec 5; am 2019, ord 19-100, s=ec 3; am 2021, ord 21-2G, sec Section 25-5-4. Height limit. The: height limit in the RS district ,;hall be thirty-five feet. (199(), ord 96-160, s,,ec 2; i-O f'ied 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 rirea in the RS district shrill be seven thousand five hundred square feet. (1996, ord 96-160, soc 2; ratified April {7, 1999.) Section 25-5-6. Minimum building site average width. Each building site in the RS district shall have a minimuin average width of sixty feet, phis 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 (13) 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-nide square feet: (A) Front and rear yards, twenty feet; and (13) 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 (L) Side yards, fifteen feet. (1996, ord 96-160, sec 2; ratified April 6, 1999; ani 191,37, ord 97-85, sec 1.) Section 25-5-5. Other regulations. (a) There may l)e more thrnl one single-tardily dwelling on each building site in an RS districtprovided there is not less than 11101'equirOd minimum buildirng site area for each dwelling. (b) One guest house, in addition to a single-family dwelling, maybe located on any building site in the, RS district. (c) An ohana dwelling may be located on any building site in thc- RS district, as permitted under article 6, division ,'3 of this chapter. (d) If a legal building site in Che RS district has less area or average width than is required, then the yard requirements for the [wilding site shall be the same vis in the RS district having the largest roquireinents Por w4ich tie building :lite can comply. (e) Exceptiorns to the regulations for the RS dish-ict regarding 1leighis_ building site area"! bLcll(lnlg site ?lverage widths <1Tld yards, Inch'be approved fly the Coininiss10i1 within a Manned unit development, or by the director within a cluster plan deve1opineot. (1996, ord 96-160, sec 2; ratified April 6, 1999; ani 2015. ord 15-33, sec .3.) 25-75 25-5-20 Ilei A `I COU- TY CODE i i Division 2. RD, Double-Family Residential Districts. 4 Section 25-5-20. Purpose and applicability. The RD ((louble-family residential) district provides for nioderate density ease characterized by the establishment of single or double-fan ily dwellings on each building site. It applies to areas with developed cominunity facilities. It inay occupy a transitional area between RS districts and those districts having a more. Intense Ilse of land. (1996, ord 96-160, sec 2-, ratified April 6, 1999.) 1 Section 25-5-21. Designation and density of RD districts. Each RD (double-family residential district) shall be designated on the zoning map by the symbol "RD" followed by the number "3.7 5" which requires that the minimum land area for each dwelling unit shall be three thousand seven hundred fifty square feet. (1996, ord 96-160, sec 2; ratified j)ril 6, 1999.) Section 25-5-22. Permitted cases. (a) The following uses shall be. permitted in the RD district= (1) Adult day care homes, (2) Bed and breakfast est ablishlzlents as permitted under section 25-4-7. (3) C'e,nleter'ies and mausoleums. as permitted under chapter 6, article I of this Lode. (4) Community buildings, as permit-ted under section 25-4-11. (5) Crop production. (6) Dwellings, double fazlIlT or duplex. (7) Dwellings, single-fainily. (8) Fainily child care homes. (9) (roup living facilities. (10) Home occupations, as permil ted under section 25-4-13. (11) Meeting facilities. (12) Model homes, as permitted under section 25-4-8. (13) Neighborhood parkas, playgrounds, tennis courts, s«=imining pools, and similar neighborhood recreational areas and uses. (14) Public uses and straduses, as permitter_) under,section 25-4-11. {1 5) Short-term wwaiion rentals situated in the general plan resort and resort node areas. (16) Tenilw ry real estate offices, as perniitted under section 25-4-8. (1.7) Utility substations, as permitted under section 25-4-11. (b) In addition to those ekes permitted under subsection (a) above, the following user may be per'tnitted in flie RD district., provided that. a use permit is issued for each use: (1) C'ar'e homes. (2) Churches, temples and synagogues. {3) C�l`E'Zn21to7"llinls, tunc?ral homes, funeral Sef�lces, and mol'tUal'IeS. (4) Dns care centers. SUPP. 6 (7-2019) 75-76 LAND'* �_- 194 Wiwoole St. Hilo, HI 96720 PLAN I NCS t* {8(l8) 333-3393 info(( landplanrringhaNN aii.com HAWAII LLC Decei-Tiber 7. 202 l 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: Dale Herbert Trefz Landowners: Dale Herbert Trefz, Patsy Tena Trefz, Shaibal Roy & Yin Ling Leung Waimea Homesteads, Waimea, South Kohala Hawaii TMK: 0) 6-5-007: 045-4001 & 0002 Transmitted here for y=oiir review and processing is the suhnrittal of an application requesting the rezoning of a 33,735-square foot Marcel of land from the Agriculture (,4-1u)to the Residential district. The subject property is located off of Lihipati Road, approximately 230 feet from its intersection with Opelo Road in Waimea, South Kohala, Hawaii. The parcel Currently consists of two (2) CPR. lots. If approved, the applicant intends to subdivide the 33,738-square foot parcel into two (2) separate TMK lots free of CPR restrictions. The transmittal includes a) the application form; b) a letter of authorization allowing my office to file the: application on the landowner's behalf; c) a list of surrounding property owners within three hundred (300) feet of the subject parcel; d) a metes and bounds description of the property; e) departmental questionnaire; and f) background & environmental report, which includes the location and proposed site plan. Further a payment of$525.00 for the County filing fee will be paid via electronic check. We trust that everything is in order f©r your acceptance and processing of this application. If not or if there are questions relating to this matter, please feel free to direct theist to rise. Thank you very nrucir. Sincerely, JOHN PIPAN Planning Administrator I r1CloSUI-CS Copy— Dale le Trefz minning Ex ki bit ._rv_2_., i E 'i I } s t i 'a.f¢ t~`t s V ..y.. 4 A .�.3 '11--asesee, v,t.. '*tet"', 's sG'a,..dL•nia lz '6= D� �,.r �e 'r',} 3,4 �,�t v� Box { `_5 a'-..'?u a,a, p 913743 V & ane£# f E, h (>x' .6 _ # O ,'. F,�.`}� 512 3„_ i= , L ii:,r. CA i war”�0 U � 'r �t t r x l a..; .?....3? `�•,� x'> ,r t ray, ;:.-.a f t 3�'.: , �*' $ .. H C'PR 0001, 18,237 sq. i k •..L ....._.,.f f 1i{ . �v 1 T E D .11*.. .% {S t ... 00,02: ' g �y b S f 3 K. �*y�.+ry. .y i 38 ,f> 3 l�n�,02:�.44ac e.+ a�*xk K. x at.4:tl:� 3�T sa, -.. ' ; a t �cxs0 �fs.�?1<I11. .�'��1.,_' 1„0,1lie ICC 4 i''.;._ - 3¢7t i:`., .•r.... !..e. !.t,_: (E��.. r r Ter,, Tat a&Sign Document ID.YS ZYW8ZERSm WW9tJzs3BlACeogJs mgOvq ) ADDENDUM TO CHANGE OF ZONE APPLICATION TMK,- (3} 5-002 0I & 0002 ) ) Landowner Signatures ) ) ) ) Dale HerbertTeR (Date) ) ) ( Patsy Tena T±\ (Date) ) ) ) ° { Oct 29202] 22]4 POT } Sh%b/ Roy (\J% ) ) ] Oct 29 2021 22g1 POT } %n Ung Leung (Date) ) } � } ) ) ) 2oho Sign Document ID? YSZYVIKERSC3WW9MJZS38Cr9XQPQV3USB2 L083QVH4 TO WHOM IT MAY CONCERN: As landowners of parcels identified by TMKs: (3) 6-5-007: 045-0001 &0002, we hereby consent and authorize Land Planning Hawaii LLC to file and process a Change of Zone Application on our behalf. Dale Herbert Trefz (Date) Patsy Tena Trefz (Date) Oct 29 2021 22:14 PDT Shaibal Roy (Date) Oct 29 2021 22:11 PDT Yin Ling Leung (Date) i I 7, i .............E f } f I tr' i I t� F eI Vit£ 3 Yin 'Ung,'ter LLeu.ng E r` t i #06764.3 PROPOSED CHANGE OF ZONE FROM A-1a TO RS-15 PROPOSED CHANGE OF ZONING DESIGNATION FROM A-1a TO RS-15 LOT B Land situated on the Southerly side of Lihipali Road at Waimea, South Kohala, Island and County of Hawaii, State of Hawaii. Being the whole of: Lot B; and Being portions of: Grant 12,788 to R.T. and G.G. Williams; Grant 11,556 to A. Waterhouse; and Grant 11565 to C. Littlejohn. Beginning at a 1/2 inch pipe(found)at the Northeasterly corner of this parcel of land, being also the Northwesterly corner of Lot B and being a point on the Southerly side of Lihipali Road,the coordinates of said point of beginning referred to Government Survey Triangulation Station "WEST BASE"being 610.23 feet North and 4,116.75 feet West and running by azimuths measured clockwise from True South: 1. 3390 32` 45" 240.69 feet along Lot B and along the remainder of Grant 12,788 to R.T. and G.G. Williams to a point; 2. 900 22` 30" 171.35 feet along Lot H and along the remainders of Grant 11,565 to C. Littlejohn and Grant 11,556 to A. Waterhouse to a point; 406764.3 Page 1 of 2 WES THOMAS ASSLIClATES —Land Surveyors— 75-5749 Kalawa Street, Kadua-Kona, Hawaii 96740-1817 's #06764.3 PROPOSED CHANGE OF ZONE FROM A-1a TO RS-15 3. 1570 59' 175.33 feet along Lot A and along the remainders of t Grant 11,556 to A. Waterhouse and r Grant 12,788 to R.T. and G,G. Williams to a j rebar (found); G 4, 2470 59' 165.00 feet along the Southerly side of Lihipali Road to the point of beginning and containing an area of 33,738 Square Feet. T, },� WES THOMAS ASSOCIATES 9s LICENSE ry PROFESSION oNAI LAND SURVEYOR Chrystal Thomas Yamasaki No.4381 Licensed Professional Land Surveyor fa,x.15' State of Hawaii Certificate No. LS-4331 'i 75-5749 Kalawa Street, Suite 201 Kailua-Kana, Hawaii 96740-1817 TMK: 6-5-007: 045 (3rd Division) November 15, 2021 x i i a #06764.3 Page 2 of 2 WES THOMAS ASSOCIATES --Land Surveyors-- 75-5749 Kaiawa Street, Kailua-Kona, Hawaii 96744-1897 Zoho Sign Document ID? IGZY781QXTK€ SQFZAICCl%AG7JEP8ICARFA6W2X7WTXUW i i 51 1 E �'_'1L _ �� �� _ f,: 1 i' ''r�u 1_. .'!.d f. Yes S C!S - v!e T� I_. t, Toll 33,738 sf sf & 'Ar d L Ut 15,501 sf U � _14hn�ti 53 ti1 -rT- "e! t ib} yris '-d.['t an - 1:e P n�1l `.�� . € to Gilt. within L months v t i 3 i 1; r,. no ,;N, ,t riIse t> _ tl �_„� t�y�X':Ylr �rist_� ._1„ �i.•� 11 ala.,.., i� idrl I 7''! _ r'SCC P- c 11), L-1 .'x1 1 }: pC L..afro aw amu;Document ID:IGZY781OXTpeo A CCNIG7JEPSICARFA6W2X7VVTXUVV } y22w ) y 9 f 2 6 3» < c<m 6?1G pt> e c a K «a1§«>s y\ ««paw\3s,2?\\m a . :«ate,?« p a?%» a « is D fes_J:6 J 'u e G as31±? � � � %£2%atyou r e estate-o«2 e«p 5 \« »c§s >+ No Yes 2 m. e t.§? Them are two single-family dwellings. » « «csm3accD�3» The current property owners intend to continue t0 occupy the dwellings, -2- 3 3 Zoho Sign Document IU:IGZY781QXTKN8QFZA1CCMG7JEP81C-ARFA6W2X7WTXUVV i AJ I _ No 33 3 3 i ii 7 r g ef'1a s beer, =-7 y --t '. LCI_ No 3 I } 3 3 n Y No I t i? Adequate a _ Ci 1'=L.s7 x 3:3 x r x I _ x �/ 3 X I I £ I I I I i u i s i i Zcho Sinn Dncum�,rnt I0:ItzzY?RIQXTKN,90FZA1C�GMCi1 JEP8t{,.ARFA�,hV?X,�`dTXtjl,,z! ;a x x xi 194 Wiwoole St; Hilo, HI 96720 x. 808-333-3393 r Dec 03 2021 PD .S/Q 1 4 I i i =E COUNTY ENVIRONMENTAL REPORT i COUNTY REZONING REQUEST (A-la to RS-15) DALE TREFZ& PATSY TREFZ& SHAIBAL ROY& YIN LING LEUNG WAIMEA HOMESTEADS, SOUTH KOHALA, HAWAII TMK: (3) 6-5-007: 045 0001 & 0002 1 - l. INTRODUCTION..........--. ............. ....... ---.......... ........................ .---------.-----] <L PROJECT L0CAl[0N--...-............. ............... --................. ......-_' ............ --------'� QL yR0JEClDESCFXPT[0N.... .-.......----- ................ ....... ......... ...... ................................. '6 A. PxmxccrCnxccrrANoCOMPONENTS..... ........--...... ........ ---........... ---------------� PEB}DIT)NG &lS[0RN...........---- ............. ....... --'...... ......................... -...... ...-----..-..-6 B PxmxmclT/naxAm/sAND CoaT..... -................ -------_--------------_------7 \V. XNST(TVTlANAlCONSIDERATIONS.........--...............---- ............ -----............. --.7 A. STATE LAND USE........ -------------------------------------------7 V. ENVIRONMENTAL CONS IDERAT/0Nq... ......... ........... ................................ ...... -..........-l7 A. (,mssxm.Dsmcu»prnm ................... -- .................. .......................- ...... - ........... ........................-|7 B. SOILS xmnTopoonamoY- ...... ------ ...... -------- ..........--....... ....... ..............-- ......iA C. NATURAL HAZARDS............- ................--............--.............. --------------------�|8 D. f1zxna/F^*mx-----------------------------------------------28 E. 0oron/c/('cxzuuAi *ovooxcsu--------- ......... ----- ....... ............ 2O F, VALUED CozTmuAcKusouucom-- ...... ----_---- ...... ---------......... ---------20 V]. SOCIAL AND RELATED CONSIDERATIONS-...............- .........................................................21 A. SURROUNDING LAND USES-............----- ........ ----------------------------2| C. Acmcu/ruRAI,imr^crx....... ................. .......... --.........-......-----_--------------�I2 YR. IN FKA9TR0CTWRALCONSIDERATIONS----- ...... ...... --- ....... ............. .-----22 A. ROAD...--------------......---------- ....... -----------.........----......--.22 C WASTEWATER- .......- ...... -_~------......... ---------------------------�22 E OTHER Govcxw*IENrSERv/ccm ..... ...... - .............. ........ .......... --------------------2} v|lL IMPACT SIGNIFICANCE ANALYSIS ............... ---...... ........ ............. ...... ............ ..............as A. VsLAr/nmuonLOCAL SHORT-TERM USES orEmvnRomoomrAND N[xmTEnAmrcAND ENHANCEMENT opLomn'TcnmPRODUCT]voN'-- ...... ---- ....... -......... .........----.......... ------�23 D. ALTERNATIVES roTxsPROPOSED PROJECT ... ---.-------- ........ -------- ........ ....24 Ix. REGULATORY ANALYSIS ................. -- .......... ........... ........................ ..................... ........ ..25 A. GENERAL PLAN WDPAG?IAp..............---...... ----_------------------------25 B. GovsnAL Pt,x.,NPOLICES... ....... ........ ------------- ...... -------- ....... - .......... ....'25 C. So/TuKomAxACmmmua/rN'Dcvo,opm/smrP/AN--- ......... --.......... .......- ..............- ...... --28 ri ZONING AND SUBDIVISION ..... ----------------- ........ ------------------18 X. CONCLUSION ......... .--,_..~_ ............ ........ ........ ........... ........... _.-.... ..... ....................... '29 FIGURES l LD(AJIONNIAP............ ......... ............ ......... -------------5 2. REZONING EXHIBIT NIAP-...-- ...... - ...... ......... -...... -.6 3. ST7QLLAND USE .,VIAP...---....... ----- ----'X 4. LUPAGNI&P...-------�----------��--_______-y J, u/AJ8&2ACONCEPT[JALPLAN N-1AP--------_- .........---......0 KZONING IMy......-------........ ---------'---'---'i5 7. FLOOD HAZARD Map- ...- ...... -- ...... ---- ...... -----�--l9 EXHIBITS l. SX8{EDY/t-DECLARATION 0pCPR OF KA&iUEL/`HEIGHTS... .--38 I. INTRODUCTION On behalf of all landowners of TMK: (3) 6-5-007: 045 CPR 0001 & 0002,Dale Trefz ("applicant") is requesting the rezoning of the subject parcel from Agricultural-1 acre (A-1a) to Single Family Residential-15 (RS-15) with the intent to subdivide the land into two (2)TMK lots. The property is located at 65-13 10 Lihipali Road, approximately 230 feet from its intersection with Opelo Road within Waimea Homesteads (Figure 1). If approved, the applicant intends to subdivide the total 33,738 square feet into two (2)lots j consisting of roughly 18,237 square feet and 15,501 square feet in accordance with the land area of the existing Condominium Property Regime(CPR)units on the property (Figure 2). The subject property is one TMK lot which hosts two CPR units in accordance with the Declaration of Condominium Property Regime of Kamuela Heights recorded with the Bureau of Conveyances in 1988 (Exhibit A). Each CPR unit contains one (1) single- family dwelling. The proposed subdivision would be aligned so that each of the subdivided lots would contain one(1) of the existing single-family residences. The purpose of this request is to create two (2) independent TMK lots free from CPR restrictions. Although this project does not include any plans for development, both sets of landowners wish to separate any common interest in the property as ascribed by the CPR Declaration to ensure no limitations to their individual property rights and increase the marketability of their independent properties. Additionally,the administration requirements of the CPR Declaration are overly burdensome and unnecessary for a project of this size and each set of CPR owners would prefer to be independently responsible for the administration of their portion of the property. As the parcel totals 3 3,73 8 square feet and contains two(2) single-family residences,the proposed RS-I5 designation would be more desirable and logical than the current A-la zoning. The requested change of zone does not propose any further development of the property and has no anticipated impacts to any natural, cultural, historic, scenic or open space resources. Further, the proposed subdivision would not result in any change in density as each of the resulting parcels would already contain a single-family dwelling. Similar rezoning applications have been approved for nearby parcels within less than 0.5 miles of the property and thus approval of this change of zone request would be logical and in keeping with the surrounding land use. IL PROJECT LOCATION As noted earlier, the subject property is located off Lihipali Road, approximately 230 feet from its intersection with Opelo Road (Figure 1). The physical address for the parcel is 65-1310 Lihipali Road, Waimea Homesteads, South Kohala, Hawaii. Vehicular access to the property is from Lihipali Road. 3 4 {4 I U W n W --7777 f7 77 �x 4 4 _ .i r' t t7 �tier- . z s i i I �2 i �; 11 A r` � VICENI FY MAP r _ � .. { t I 3 I { I REZONING EXHIBIT PROPOSED A-1a TO RS-15 ZONING 111 _. MAP SHOVV7NG LOT B r Being Pardons ai grant 1�o,7r38 to R.T. and G.G. 45iii;antis Grant 11.,556 to A. Wotarhouse arra' Gran% 1;.565 to C. Littlelohrs °�-�<,�✓ 1,�-,-�_ 4y:Xyr A2 Fh'ormea, South Kahn;a Island and County of Hawch, Stote of nowoa �. Figure 2 i i I 3 i i 3I I i s 3 i i I M. PROJECT DESCRIPTION A. Project Concept and Components The applicant is requesting a change of zone from Agricultural(A-la) to Single-Family Residential(RS-15) to subdivide the 33,738 square foot parcel into two (2) lots of roughly 18,237 square feet and 15,501 square feet (Figure 2). The property currently has two (2) CPR units: CPR 0001 and CPR 0002,with one (1) single-family residence on each. The purpose of this request is to subdivide the property into two independent lots free from CPR restrictions. The parcel has been developed and used for residential purposes for many years and will continue to be used as such under the proposed request. Water and electricity are readily available to both homes. CPR 0001 is serviced by an existing individual wastewater system and CPR 0002 is serviced by an existing cesspool. Both units are equipped with existing individual driveways and driveway access would not change under the proposed project. Utilities and access would not be impacted in any way by the subdivision. Further,no roadway improvements would be necessary nor would traffic increase beyond the standard residential use as no increase to density will result from this action. Permitting History CPR 0001 is owned by Roy Shaibal and Yin Ling Leung and is 18,237 square feet (0.4187 acres). It contains one(1)single-family residence.According to Real Property Tax records, the dwelling was built in 1963 under building permit number 27173 and is approximately 2,901 square feet in size with five (5)bedrooms and three (3) full bathrooms. The installation of solar water heater panels occurred in 2007 and 2021 under permit numbers B2007-0273K, B2007-1396K and BK2021-01095. A recent survey of the property revealed that a portion of the eaves on the permitted carport may encroach over the eastern boundary of the parcel. If required,the landowner will correct this encroachment by way of removal or negotiation of an encroachment agreement with the adjacent landowner. CPR 0002 is owned by Dale and Patsy Trefz and is 15,501 square feet (0.3559 acres). It contains one(1) single-family residence. According to Real Property Tax records, the dwelling was built in 1988 under building permit number 880867 and is approximately 2,479 square feet in size with three(3)bedrooms and three (3)full bathrooms. The addition of a new living room over a new garage, developments to the basement and alterations to the main level of the home occurred in 2006 under building permit No. B2006-1565K with final inspections completed. A solar hot water system was installed with a tank on the roof in 2008 under building permit No. B2008-1028K with final inspections completed as well. It is understood that the subdivision plan submitted herein may have to be adjusted prior to receipt of final subdivision approval to accommodate County subdivision requirements and appropriate conditions of approval. 6 B. Proiect Timetable and Cost The applicant hopes to secure County Rezoning approval as soon as possible and begin the subdivision process immediately thereafter. Tentatively,plans call for having the land subdivided by the end of 2022. The estimated cost of improvements for this project will be minimal as improvements do not appear necessary. As noted earlier,no utility usage or access will be impacted by the request as the property has been fully equipped to support the existing two (2) single-family residences for many years. The subdivided properties would continue to be used for residential purposes if approved. IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The subject site is designated State Land Use Urban (Figure 3). The applicant's request to rezone the parcel from A-1 a to RS-15 is consistent with its current Urban designation and thus no changes to the State Land Use designation are being requested. The County of Hawaii can process the rezoning request. B. County General Plan The County General Plan Land Use Pattern Allocation Guide("LUPAG")map designates the subject site as Low-Density Urban (Figure 4). This designation identifies land for residential use with ancillary community and public uses, and neighborhood and convenience-type commercial uses; overall residential density may be up to six units per acre. The proposed subdivision resulting in two (2)lots would be consistent with the Low-Density Urban designation and no General Plan amendment would be required to effectuate this project. C. South Kohala Community Development Plan The South Kohala Community Development Plan(SKCDP) attempts to further define the General Plan and serves as aig_ ide for decision-makers. The subject property is located in a developed area as shown on the Waimea Town Conceptual Plan included in the SKCDP (Figure 5). This area is not identified for agricultural use and is thus more appropriate for residential use.Additionally, the proposed change of zone request is conducive to the goals, objectives, and policies outlined in the SKCDP as follows. Waimea Policy 1. "Preservation of Waimea's Sense of Place"shall be the principal, overarching land use policy for Waimea. This policy shall be implemented through measures for responsible growth, and through the preservation and protection of important lands and resources, including important cultural and historic sites and structures, important agricultural lands, and visually and environmentally important open space areas in Waimea Town. Strinegy 1.1 Protect the Pu°u of Waimea— The gi cen pu`u above TPaimea Town have great cultural, historical and visual importance for the community. Together 7 STATE LAND USE DESIGNATIONS SUBJECT SITE ^ 10 27;2021,2.29:22 PM 1 5,800 State Land Use Classdicat!ons(SLU) Parcels{current boundary lines) Street Centerlines Agricultural Address Points Ha`na,,County District Boundary n, Figure 3 g . L U PAG MAP SUBJECT f SITE • f � R w • f f e • i e 1012712021.2.23:38 PM 1 5.800 n V3 mi Land Use Patters Allocation Guice i LUPAC} led urn Dens+ry Urt ar. Address Polrta -------- Ex:ensrde Agriculture open Aree Street Centertires -ON Ders;tb Urba^ --- ?9�r,6a '.�nesl Hawaii,Cuunty D�s;n:t B.�urr;at''t Figure 4 Chap.,.J sl.i�rn<. FIGURE 4.4:WAIMEA Tn%V\COVCENUAL PI AN T p ^+ SUBJECTSITF — ► e OV ."Fk�fk. awAmi �::�I_.:i ^nit... C ;. �.."� ... ••w•AM��n'��C', y'��� —00 ` i r •;,. r_ -:+_r �..:: a,.�„vi, .dr s.�+ •;- South Kohah i'DP •.d.e-CDPC"-' P.p 10 Figure 5 with the grand views of Mauna Kea to the southeast of the town, the pu`u define the special landscape "sense ofplace"of Waimea. Discussion: The subject parcel is outside of the Pu'u Project Zone and would not impact the Pu'u of Waimea in any way.No development or change in land use is being proposed. Strategy 1.3 Protect important cultural and historic sites, structures and landscapes- Waimea Town has a wealth of cultural and historic resources,from pre-contact Hawaiian culture,from the heyday of the paniolo era, and from more recent times. A list of some of these sites and resources is located in section 2.5.1 of this CDP. Many of these sites, structures, and landscapes should be protected and preserved as important elements of Waimea's heritage and sense ofplace. The "Waimea Concept Plan"graphic identifies only a few of these important resources: the Waimea Field System to the west of the Ldldmilo Farm Lots, the Pukalani Complex, including the Breaking Pen, Carriage Barn, Pukalani Stables, Blacksmith Shop, and Puyu Hihale Corral near Waimea Town Center, the puyu mauka of the Town, and the Racetrack Complex near the Parker Ranch Headquarters. These identified sites are not meant to be "officially protected" sites but are identified as important examples of Waimea's history. There are many other important historical properties, including the Anna Ranch, the churches of"Church Row, "the old Lindsey house, and the Parker Ranch houses at Puopelu, to name a few. Overall, Waimea needs to establish an official "historic district,"at the state andlor federal level, to preserve and protect its cultural and historic heritage.A Waimea historic district could honor Hawaiian culture,paniolo traditions, agriculture, and natural resources. Access to grants and other funding sources is possible by establishing such a special historic district designation. Discussion: The subject property does not house any known cultural or historic sites. As mentioned previously the land was cleared several years ago for residential use and the two (2) single-family residences on the property are equipped to continue operating under the same conditions as they have for many years under the subdivision request. Therefore,there should be no change to scenic, cultural or natural resources in the area. It is highly unlikely any cultural or historical sites exist on the property as it has been developed and used for residential purposes for decades. However, in the event any undiscovered resources are found, the Department of Land and Natural Resources Historic Preservation Division will be contacted immediately for appropriate action. Waimea Policy 2. "Responsible Growth"shall be an overarching land use policy for Waimea. Adequate infrastructure, including roads, water supply, electrical power, drainage structures, schools, and parks, shall be provided by public andlor private entities before any large-scale new residential or commercial projects can be considered for approval by the County. 11 Strategy 2.4 The County should carefully evaluate and condition, as appropriate, any rezoning that would negatively impact important agricultural lands or culturally, visually and environmentally important open spaces or resources in Waimea. Time will be needed to implement a number of important open space preservation tools and programs, including acquisition of fee interest or conservation easements for important pu`u and some of the East Waimea farm and ranch lots. While these tools and programs are being put into place,private lands that are currently zoned A-5a, A-1Oa, A-20a, or A-40a should retain their current zoning. Exceptions can be made for affordable housing, agricultural cluster subdivisions, and small-scale re-zonings of 4 lots or less that may assist families in allowing their children to obtain individual properties. Discussion: The proposed subdivision would not impact important agricultural lands. The parcel has a State Land Use designation of Urban, is unclassified by the Land Study Bureau and is not ideal for agricultural practices. Further, the property,which supports two (2) existing single-family residences,is not currently being used for any agricultural activity as the size and existing development of the lot would not be sufficient to support commercial agricultural use. Under the proposed action, CPRS 0001 and 0002 would be subdivided into two (2) independent TMK lots and continue to operate as they have for many decades. No development is being proposed by the project and thus it should have no negative impacts on culturally, visually and environmentally important open spaces or resources. The requested RS-15 designation is a more logical choice than the current A-1 a zoning based on the square footage of the property. Given that the parcel is only 33,738 square feet,RS-I5 is the lowest density possible which would afford each dwelling its own TMK. Further, this is consistent with the LUPAG map and other rezoning requests which have been approved in the area in the past. Strategy 2.3 Revise the County Subdivision Regulations and Planning Departmentpolicies and enforcement procedures to ensure that agricultural subdivisions are created for agricultural purposes and are not used for rural residential purposes without rezoning-State Land Use statutes restrict residential structures on lots created after June 3, 1976, in the State "Agriculture"District to 'farm dwellings."In practice however, the Hawai`i County Planning Department has approved many "agricultural subdivisions" that are actually rural residential developments. Discussion: The subject property was last subdivided in 1961, has a State Land Use designation of Urban and is only 33,738 square feet in size.Further, it has previously been developed into two (2) CPR lots, each containing a single-family residence. Thus, this property has very little agricultural potential and would more appropriately be zoned as Residential. 12 Strategy 2.4 Amend the County ofHawaii General Plan "LUPAG"map by reducing the acreage of"Low Density Urban"land in Waimea Town — The current County General Plan L UPA G map for the Waimea area includes over 1,000 acres of"Low Density Urban"land in the Waimea area. This designation is defined in the General Plan (page 14-7) as: "Residential, with ancillary community and public uses, and neighborhood and convenience-type commercial uses, overall residential density may be tip to six units per acre. Note that "six units per acre"translates to 5,000 square foot minimum lot size, The "Low Density Urban"areas on the LUPAG map include some existing development, but also include important cultural, historic, agricultural, and open space lands both mauka and makai ofMimalahoa Highway. Also of concern are the several hundred acres of"Urban Expansion"land shown on the south side of Kawaihae Road just west of Waimea Center, and the several hundred acres of "Rural"land shown along the south side of Kawaihae Road, roughly between Waimea and Kawaihae. Further development of these areas would continue the "suburban sprawl"development pattern that is not compatible with the goal of preserving Waimea's "Sense ofplace. " Discussion: The subject property is in an area designated as Low Density Urban on the LUPAG map and has already been developed with two single-family residences. It is not in an area indicated as important cultural,historic, agricultural, or open space lands. Thus, the existing Low Density Urban designation of the parcel is consistent with the SKCDP and the requested RS-15 zoning. Waimea Policy 3. "Environmental Stewardship"shall be an overarching land use policy for Waimea. Land use decisions shall be based on wise inanagernentpractices for forests, watersheds, natural drainage ways and streams, native ecosystems, and important agricultural lands. Strategy 3.1 Protect Important Agricultural Lands— The Hawaii County General Plan (February 2005) defines "Important Agricultural Lands" (IAL) as "those (lands) with better potential for sustained high agricultural_yields because of soil type, climate, topography, or other factors." (See General Plan p. 14-8 for the full definition) The LUPAG maps for South Kohala show Important Agricultural Lands in a broad band about 1.2 miles wide north and south of the first I+ mile of Kohala Mountain Road, in a broad area that includes most of the DHHL Pu'ukapu lands, and in the southeastern sector of the South Kohala District in the vicinity of the Saddle RoadlMdmalahoa Highway junction. (See LUPAG map for details) These lands should be used for extensive and intensive farming and ranching and should not be rezoned for urban or suburban-type land uses. Discussion: The subject property is not prime farmland nor is it designated Important Agricultural Land. The soil quality is not classified under the Land Study Bureau as the property's State Land Use designation is Urban. The LUPAG map designates the parcel Low Density Urban. Since no development or change 13 in land use is being proposed, the soil quality of the property and surrounding areas, including the pu`u to the north, should not change in any way. Waimea Policy 4. "Develop Affordable Mousing far Waimea". County Government and the Waimea community shall workwithmajor area landowners, including the State of Hawai'i, Parker Ranch and the Department of Hawaiian Home Lands, to plan and implement affordable housing projects for low and moderate income people of Waimea. Discussion: The subject site is not owned by a major area landowner and the proposed rezoning from A-1a to RS-15 will not inhibit the development of affordable housing for Waimea. The current landowners do not have any short-term plans to offer either of the proposed lots for sale. The intent of the project is to create two TMK lots in order to free the property of it's of the current CPR restrictions. Waimea Policy 5. "Timely implementation of needed circulation and transportation improvements': The County Government shall coordinate and work with the community and with state and federal agencies toward the timely construction of priority circulation and transportation improvements, including pedestrian, bicycling, and public transportation improvements in order to alleviate severe traffic congestion that is impacting Waimea Town. Discussion: The proposed change of zone will not impede on any traffic improvements or increase traffic congestion that is impacting Waimea town. The proposed subdivision would merely subdivide a parcel with two (2) existing CPR lots, each with an existing single-family dwelling, into two (2) separate TMK lots. The resulting parcels would continue to operate as residential properties as they have for many years. No development is being proposed in conjunction with this project. As such, no change in traffic or roadways would occur. D. Countv ZoninLr The County Zoning of the subject property is Agriculture (A-1a) (Figure 6). To the north of the subject property is zoned A-400a and is under the Pu`u Protection Plan as outlined in the South Kohala Development Plan. Properties to the immediate south, east and west are also zoned A-1 a. However, several properties located within less than 0.5 miles of the subject site have received approval for similar requests to change their zoning from A-1a to Residential and are now zoned RS-15 or RS-20. These include: 1. Ordinance No. 2018-001 pertaining to TMK(3) 6-5-004: 049 approved a change of district classification from Agricultural (A-1 a)to Single Family Residential(RS-20) at Waimea Homesteads, South Kohala, Hawaii. 2. Ordinance No. 97-009 pertaining to TMK(3) 6-5-008: 032 approved a change of district from Agricultural (A-1a) to Single Family Residential (RS-15) at Waimea, South Kohala, Hawaii. 3. Ordinance No. 85-001 pertaining to TMK(3) 6-5-002: 168 approved a change of district fromoncultuural (A-i a) to Single Family Residence (RS-15) al Waimea, South Kohala, Hawaii. 14 ZONING MAP _SUBJECT • �, �Iln,,,._. I I,1�? SITE , !'r�io- .ice n h• .., a • • •' y�tl 8p al?tY�114PI�.5`""i}I } G:Her $ 1 • . � ' �_. 10?2612021,11:47:35 AM 1:5,800 ;', 0.ik?mi Hawaii County 0. 4 009 County Zoning A-400a OPEN RS-20 (mal) -A-A 0 0.07 0.15 0.3 km �Oa RS-10 RS-7.5 A-In l �I H1,11: T D,--1 Ft. r A,{w DS JSGS NG4 _ CV-7 5 RS-15 PUD NA8q, CIGAR,N Rut,-,%CE4,4 NL&31 NNIn Figure 6 4. Ordinance No. 81-683 pertaining to TMK(3) 6-5-002: 167 approved a change of district from Agricultural(A-1a) to Single Family Residential(RS-20) at Waimea, South Kohala, Hawaii. 5. Ordinance No. 80-519 pertaining to TMK(3) 6-5-007: 036 approved a change of district from Agricultural(A-la) to Single Family Residence(RS-15) at Waimea Homesteads, South Kohala, Hawaii. 6. Ordinance No. 77-306 pertaining to TMK(3) 6-5-027: portion of 029 approved a change of district from Agricultural (A-la)to Single Family Residential (RS-15) at Waimea Homesteads, South Kohala, Hawaii. 7. Ordinance No. 72-489 pertaining to TMK(3) 6-5-007: 028 approved a change of district classification from Agricultural (A-1a)to Single Family Residential (RS-15) at Waimea Homesteads, South Kohala, Hawaii. Since the change of zone ordinances listed above are very similar in nature to the proposed project, approval of this change of zone request would be logical and in keeping with the surrounding land use. If approved, the site would be subdivided in a manner generally meeting with both the Zoning and Subdivision Codes. Notwithstanding the subdivision requirements, all uses and standards consistent with the requested RS-15 zone would be adhered to. E. Relationship to STNTA Objectives and Policies The site is located approximately 10 miles from the coastline and outside the County Special Management Area(SMA). The entire island falls within the Coastal Zone Management(CZM) Area. Thus, a discussion of the request's relationship to the CZM Program follows. The site is not adjacent to the ocean. It sits approximately 10 miles from the shoreline at an elevation of approximately 2,900 feet above mean sea level.As such, the proposed action should not have any adverse impacts on the area's coastal recreational and marine resources nor have any impacts on beach protection. It is very unlikely this action would have any impact on historic resources. The parcel has been developed for residential use for many decades and no further development is being proposed. However, in the event any archaeological undocumented features are found during any earth disturbance activity, work will stop within the affected area and appropriate clearances from the State DLNR-SHPD and County Planning Department will be secured before work resumes. If needed, an archaeological monitoring program can be instituted during any land clearing activity. No scenic and open space resources would be impacted by this request. No development or change in land use would occur under the proposed action to rezone the property from A-1 a to RS-15. Both of the existing single-family residences on the propczly would continue to operate under residential conditions as they have for many years. Therefore, no visual impacts would occur to any open space or scenic resources, including to the pu`u located just north of the property. 16 Relative to Coastal Ecosystems, impacts should be negligible, if at all, as the site is located approximately 10 miles from the ocean at approximately 2,900-feet of elevation. Notwithstanding the distance, because the proposed rezone does not include disturbance to the land or the construction of new dwellings and improvements, impacts should be negligible. The proposed action will result in subdividing the parcel into two (2) TMK lots free of CPR restrictions. The subdivision would continue to provide residential use and patronage of nearby businesses and public utilities, In so doing, the project would continue to provide a similar aid to the overall economic use of this site and the area in general. Because of its distance from the shoreline,the site should not be subject to coastal hazards. Relative to the managing development objective, this function is more applicable to the "authority" or approving agencies. However, it is noted that the request would operate within the scope of the Zoning Code. The subject site would be zoned RS- 15, and the subdivision parameters would be consistent with said zoning. In that regard, the project would be consistent with this policy. Finally, in terms of the public participation objective, this is generally a public agency function. This is achieved through the Marine and Coastal Zone Management Advisory Group (MACZMAG)and the public hearing process required pursuant to the Planning Commission's Rules and County Council's meetings on this application.Notices of this application will become available through the posting of a sign on the property, as well as sending two (2) notices to surrounding property owners, one at the time the application is filed and again,prior to the public hearing. Based on the foregoing, it is concluded that the requested improvements would be consistent with the objectives,policies, and guidelines of the Coastal Zone Management Policies, as outlined in Chapter 205A, HRS and Planning Commission Rule No. 9 relating to the Special Management Area, F. Other Permittinlz Requirements As noted earlier, other permits would be required. Other permits would be of the "ministerial" variety, such as Subdivision Approval, etc. As needed, these permits will be obtained in accordance with the County Code. V. ENVIRONMENTAL CONSIDERATIONS A. General Description The parcel is generally rectangular in shape with a slight extension in the southeast corner. The parcel is accessed via Lihipali Road. The elevation of the area ranges bet%vecn approximately 2,870 to 2,910 feet above sea level. Mean annual precipitation is 40 to 80 inches and the average temperature ranges from 60 to 66 degrees Fahrenheit. 17 D. Soils and Topo rapIt The United States Department of Agriculture describes the property as palapalai hydrous silt loam with 12 to 20 percent slopes (2kxn2p). This soil is considered well drained with a medium runoff class. The soil on site is not considered prime farmland. According to the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system, the site is unclassified. The topography of the site slopes slightly in an east to west direction, with the lowest portion being at the southwest end. i C. Natural Hazards 1. Drainage The Federal Emergency Management Agency (FEMA) Flood Insurance Rate map (FIRM) identifies the majority of the project area as Zone"X" (areas outside of the 500-year flood). There is a small area in the northwest corner of the parcel in flood Zone XS which indicates a 0.2% annual chance of flood (Figure 7). The applicants have not observed any significant runoff or erosion in the recent past on the subject site. As the property already contains two residences,no further development of the property is currently being proposed and so no impacts to drainage are anticipated. Additionally, there are large drainage structures located on the mauka side of Lihipali Road should there be any issues with off-site drainage flows in the future. 2. Volcanic and Earthquake Hazards According to the United States Geological Survey maps, the project site is located within the Kohala Lava Flow Hazard Zone 9, on a scale of ascending risks with 9 being the lowest and I being the highest. Therefore,the lava hazard risk posed to the subject property is among the lowest on the island. The Building Code designates the entire Island of Hawaii Earthquake Zone "D" and contains certain structural requirements to address the relative seismic hazard. 3. Tsunami Hazard As the site is located 10 miles from the coast and sits at approximately 2,900-foot elevation, it is located well outside of the Civil Defense's Tsunami Evacuation Zone. 18 �r a'A BASEMAP: FIRM BASEMAP FLOOD HAZARD ASSMMENT TOOL `d Flood Hazard Assessment Report (Note;legend does not correspond with NFIi t WWW.hawaljnfl(l,org SPECIAL FLOOD HAZARD AREAS (SFHAs) SUBJECT TO INUNDATION BY t THE 1% ANNUAL CHANCE FLOOD -The 1%annual chance flood(100- v y TrefZ Firm Map year),aiso know as the base flood,is the flood that has a 1%chance of being equa'ed or exceeded in any given year.SFHAs include Zone A,AE. AH, AO, V, and VE.The Base Flood Elevation (8FE) is the water surface elevation of the 1% annual chance flood. Mandatory flood insurance Property Information Notes: purchaseappiesinthew zonos: COUNTY: HAWAII Zone A:No BFE det-errnined. TMKNO: (3)6-5-007:045 Zone AE:BFE determined WATERSHED: WAIKOLOA/WAIULAULA PARCEL ADDRESS: ADDRESS NOT DETERMINED Zone AH:Flood depths of 1 to 3 feet(usually areas of pondingj; KAMUELA,FII 96743 BFE determined. Zone AO: Flood depths of 1 to 3 feet (usually sheet flow on Flood Hazard Information sloping terrainj;average depths determined. "IRM INDEX DATESEP'EN96ER 29,2027 Zone V:Coastal food zone with velocity hazard(wave action); LETTER OF MAP CHANGE(S); NONE no BFE determined. FENIA FIRM PAN Et: 1551660193= Zone VE:Coastal`load zone with velocity hazard(wave actiorj; SFE determined. PANEL EFFECTIVE DATE: SEPTEMBER 29,2017 Zone AEF: Floodway areas in Zone AE. The floodway is the champ;of stream plus any adjacent floodplain areas that must be kept free of encroachment so that the 1'% annual chance flood can oe carried without increasing the BFE. NON-SPECIAL FLOOD HAZARD AREA-An area in a low-to-moderate risk THISPRO'ERTYIS6VIT'HINATSUNAMiEVACUTIONZONE. NO hood caretic mandatory flood insurance purchase requirements apply, rOR',`CRE INFO,VISIT:http://w•ww-scd.hawati.gov/ out ceVeragc is available in participating communities. THIS PROPERTY 15 WITHIN A DAM EVACUATION ZONE: YES(HA-0040;HA 0122;HA-0136) Zone XS(X shaded):Areas of 0.2"'S annual chance flooc;ar a;o` FOR MORE INFO,VISIT:http://dinieng.hawaii.gov/dani/ Vxy annual chance flood s,ith average depths of less `ar r soi or with drainage areas less than 1 square mile: and ar_=as protected by levees from 196 annual chance flood. -. -. - Zor XP--ermined to he rutsld2 the 01'Y annual dtanie 0 100 200 ft 9ondplain. Drsctalrncr The HawaN 0epertment o'Lanni and katural Resources(Vt IVR)assumes no rrspens bii y z'sinq from the use, accwacy,completeness, and hmeLness of any information contained m this report, Viewe.niUsers are 07HER FLOOD AREAS respansibie for verifying the uccurucy of the information and oyree to indemnify the DLNR,its offcefs,and employ- ees from any liability which may arise frn.m its use of its data or information. Zone D: Unstudied areas where flood hazards are undeter- mined, but flooding is possible. No mandatory flood insurance Iff this map has been identified as'PRELIMINARY',please note that it is being provided for informational purposes purchase apply,but coverage is available in participating commu- and is not to be used far flood insurance rating.Contact your county floodplain manager for flood zone determine nit es. tions to be used for compliance with local floodp.tain management regulations Figure 7 D. Flora/Fauna Although there were no professional surveys conducted of the floral or faunal resources of the site,the applicant does not believe that rare or endangered floral or faunal resources are likely to be found within the subject site given its history of residential use. Further,the suburban nature of the surrounding areas would make it less likely to find endangered animal life in this area. It would be possible to find the Island-wide ranging Hawaiian Hawk('Io),Hawaiian Owl(Pueo),Hawaiian Goose(Nana), and the Hawaiian Hoary Bat on site, however this is not their main habitat and thus it is unlikely that the proposed request would impact endangered animal life. The vegetation at the proposed parcel is mainly decorative in nature and includes the following: Monterey Cypress (Cupressus macrocarpa), Ohia(Metrosideros polymorpha),Agave(Agave americana), Japanese Maple (Acerpalmatum),Bromeliads (Bromeliaceae sp.),Bamboo(Bambuseae sp.)and other common landscaping ornamental plants. These plants are maintained and cultivated by the applicant and used for landscaping and privacy. In addition, introduced bird species (such as dove, Japanese white-eye, house finch, myna) are common in this area. Domestic animals such as cats and dogs, and other animals like rats,pigs and mongoose are also common. These are all common and not endangered. The land to the north of the property is zoned A-400a and is used for extensive agriculture and cattle grazing purposes. Since no development or change to the land use would occur under this proposed action, it is highly unlikely this request would cause any adverse impacts to flora or fauna. E. Historic/Cultural/Archaeological Resources Any adverse impacts to historic, cultural, and archaeological resources are highly unlikely since the property has been developed and used for residential purposes for decades.However,in the event any inadvertent discoveries are made during any land disturbance activity relating to this project,work will cease, and the applicant will immediately notify the Planning Department and the State DLNR and secure their clearances before proceeding further. F. Valued Cultural Resources In view of the recent Hawaii State Supreme Court's "DASH"and"Ka Pa'akai 0 Ka'A ina"decisions,the issue relative to native Hawaiian gathering and fishing rights must be addressed. Specifically, there must be a discussion on the cultural, historical and natural resources, as well as the associated traditional and customary practices of this site. In this situation, the subject site is not adjacent and/or proximate to the shoreline.As such, gathering of marine life and coastal access is not an issue. 20 It is not known whether the subject or immediate surrounding area was used in the recent past for the gathering of plants by Native Hawaiians. The applicant has not observed any Native Hawaiians gathering plants on the site or the adjoining properties. Thus, it would appear unlikely that the site would serve such purpose today. In the event that legitimate gathering claims are made by Native Hawaiians,the applicant intends to respect and honor such claims and provide the legal and needed access within the site. Based on the above, it does not appear that the project would have any potential adverse impact relative to the cultural and historical resources of the area. G. Water and Coastal Resources The subject site is located approximately 10 miles from the coastline and sits at approximately 2,900-feet elevation.As such, coastal impacts resulting from discharge of wastewater systems from the site should be negligible. Further,being a non-coastal property,no coastal access will be affected. H. Noise,Air Ouality,and Dust The proposed rezone and subdivision should not generate any direct long-term noise or air quality impacts. The request is only to subdivide the property into two independent lots free from CPR restrictions.No further development of the land or construction is being proposed by this action as both CPRS have been developed and used for residential purposes for decades. Therefore,the noise, air quality and dust levels should be unaffected by the proposed action and those levels should remain at their current residential level. If improvements are made in the future, they will be consistent with all rules and regulations as outlined in appropriate building permits. I. Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there are sites or areas listed as scenic resources.Views of Kohala mountain from the area of the subject property and the Pu'u Protection Zone just north of the subject property are included in those sites. However, the subject request does not propose any further development of the property. The property already contains two single-family dwellings and thus the purpose of the proposed action is simply to subdivide the parcel into two TMK lots so that each dwelling may be sited on its own TMK_ Therefore,no further development of the property is being proposed and there should be no impact to scenic resources or view planes. VI. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses Properties to the immediate east, south and west are zoned A-la and are used primarily for residential purposes. The north is zoned A-400a and is used for extensive agriculture. 21 As noted earlier,there are several parcels located to the east and south that have been rezoned to RS-15 and RS-20. Kawaihae Road is located less 0.4 miles to the south of the property.Waimea city center is located approximately 0.6 miles to the southeast. B. Economic Impacts The requested zoning would have some measure of limited economic impact, as it would divide the current parcel into two (2) separate TMK lots to be used for residential purposes rather than two CPR lots which are subject to CPR restrictions. The project will continue to aid the general economy and the overall economic use of the site and the surrounding area: gas stations, convenience stores, area businesses, etc. C. Agricultural Impacts The site has a LUPAG designation of Low-Density Urban,has not had any recent agricultural activities and has very little commercial agricultural potential.Although the property is zoned,4-la, it has a State Land Use designation of Urban. Given the Urban designation, the Land Study Bureau has not classified the soil type. However, since the property already contains two single-family residences and is only 0.77 acres, it is not suitable for agricultural use. Thus,the proposed change of zone will have no impact to the agricultural potential of the property. V11. INFRASTRUCTURAL CONSIDERATIONS A. Road Access to the property is from Lihipali Road, approximately 230 feet from its intersection with Opelu Road. This is a County owned and maintained road with a 20-foot pavement width and a 10-foot right-of-way. It is in fair condition and labeled as a class A41 road which is defined as being a local, neighborhood, and rural road, city street, unseparated. A Traffic Impact Analysis has not been performed for the planned subdivision. Under the requested action,there will only be two (2) lots to accommodate the existing two (2) single-family residences on the property. Therefore,no change in traffic or existing roadways are expected. B. Water Each existing single-family residence is served by its own County water meter and will remain as such under the proposed action.No development or change in land use is being proposed at this time, C. Wastewater There is no County wastewater system in this area. The single-family residence located on CPR Unit 0001 is served by a private Individual Wastewater System meeting the approval of the Department of Health. The single-family residence located on CPR Unit 22 0002 is currently served by an existing cesspool. Wastewater levels are not expected to change under the proposed request as the residential land use will remain very much the same. D. Solid Waste Solid waste is currently handed through individual homeowners into authorized landfill sites or transfer stations. This will remain the same under the proposed action. Levels of solid waste will also remain the same under normal residential conditions. With the requested RS-15 zoning, the potential for uses with toxic or related chemical waste would be minimal,if at all. E. Other Government Services As this property is a part of the Waimea-urban area,no extension of government services would be required. There is a Fire Station,Police Station,Public School,Library and a gas station all located within less than a mile of the subject site. In addition,there are recreation facilities in the general area as well. As such, the project should not result in the extension of any government services. Further,the required public facilities are located reasonably proximate to the subject site. F. Other Utilities All other utilities, such as telephone and electric power, are already available to the site to accommodate the existing two (2)single-family residences.No other additional utilities will be required at this time. However, if additional utilities are needed,proper permitting and approval will be sought out by the landowners. VIII. IMPACT SIGNIFICANCE ANALYSIS A. Relationship Between Local Short-Term Uses of Environment and Maintenance and Enhancement of Lon2-Term Productivity If the request were denied, the short-term use of the area of the proposed rezoning would remain the same. The use would continue to be residential and the landowners would continue to be subject to CPR restrictions. From a long-term productivity standpoint,the proposed project would free the landowners of CPR restrictions allowing them and future landowners fewer property encumbrances. 23 B. Irreversible and Irretrievable Commitment of Resources As the site has already been disturbed in the past and the subject request does not propose any further development of the property, it is not likely that approval of this request would result in an irreversible commitment of natural or archaeological resources. The parcel has a State Land Use designation of Urban and is unclassified by the Land Study Bureau. The potential for viable agricultural use of the property is limited by the size and existing development of the property. Although no archaeological survey was commissioned by the applicant, due to the nature of the request and no further plans to develop on the land,it is unlikely that any impact to these resources would occur. Under the proposed action,the property would continue to support two(2) single-family residences as they operate today.No development or change in land use would occur. Therefore, the request would not result in an irreversible commitment of natural, cultural or archaeological resources. However,in the event any undiscovered historic, cultural or archaeological resources are found,the Department of Land and Natural Resources, Historic Preservation Division would be contacted immediately for appropriate action. C. Mitigative Measures The subject request does not propose to make any improvements to the property. In the event improvements are necessary,however,they would be made in manner generally consistent with the subdivision process. If there is any construction activity, contractors will be obligated to comply with appropriate State noise and air quality standards. However,no additional construction activity is planned for the parcel at this time. Should unanticipated archaeological finds be discovered in conjunction with any further development of the site,work will stop (as is required by the State and County) and clearance will be secured before work is resumed. Finally, there will be no person or businesses to be dislocated by this project. D. Alternatives to the Pro-posed Proiect 1. No Proiect Under the status quo alternative,the parcel would under its current non- conforming,4-la zoning,with two (2)single-family residences and supporting infrastructure. Despite the agricultural zoning,the use would continue to be residential and the landowners would continue to be subject to CPR restrictions. 24 2. Alternative Density Under this alternative, the applicant could seek a denser zoning, such as RS-10 zoning. However,there are practical difficulties relating to subdivision layout with the two(2) existing single-family dwellings that make this alternative less desirable and less feasible. 3. Evaluation of Alternatives The status quo alternative would not be prudent as the use of the property would likely continue to be solely residential despite its non-conforming agricultural zoning while continuing to keep the landowners locked into their current CPR restrictions. The alternative density alternative would also not be prudent as the placement of the existing dwellings would make it difficult to create a layout that would appropriately utilize RS-10 zoning. The proposed change of zone from A-1a to RS-15 involves no further development of the land and would have no impact to the area's social and physical infrastructure.Further,the project would be consistent with the land use objectives sought to be accomplished by the County General Plan LUPAG map. In view of the aforementioned, it would appear that none of the alternatives would be more prudent and beneficial than the requested RS-15 alternative. IX. REGULATORY ANALYSIS A. General Plan LUPAG Map The General Plan provides for the long-range comprehensive development of the Island of Hawaii. It provides direction for balanced growth in the County. The LUPAG map designates the site Low Density Urban. This designation allows the requested RS-15 zoning without a General Plan amendment. B. General Plan Polices The requested zoning would be consistent with the goals,policies, and standards of the General Plan document. I For one, it may provide economic opportunities. The rezoning of the parcel from A-1a to RS-15 would ensure the property is taxed at the higher residential tax rate. In doing so, the resultant project could add revenues to the County and State coffers. Further,the residential use of the property will continue to aid the general economy and the overall economic use of the site and the surrounding area: gas stations, convenience stores, area businesses, etc, 25 The nature of the proposed request is conscious of energy resources as no improvements to the two(2) single-family residences or related infrastructure are planned at this time. Energy use will be consistent with existing levels as the property has operated in a residential manner for many years and intends to continue at the same rate. Maintaining and improving the quality of the environment is important to the success of this project.The General Plan identifies five(5) areas of environmental concerns - air pollution,water quality, soil pollution, solid waste disposal, and noise pollution. As proposed, the project would not violate any of those objectives. Aside from the very limited vehicular transmission, air pollution associated with the project should be negligible.All wastewater would continue to be handled by the existing Individual Wastewater System and cesspool which currently serve the dwellings on the property. This,combined with the distance of the property to the coast, should be sufficient to address any potential groundwater or coastal water impacts. If required,while not necessary for a project of this nature and size, a solid waste management plan could be prepared and implemented. The project will also be minimal in noise,except what may be associated with the existing general residential use.Any noise-generating facility, such as air conditioners,would be carefully placed to minimize their noise impacts to adjoining properties. The project site is largely outside the boundaries of a flood way. The two(2) single- family residences and supporting infrastructure have been in place for many years without drainage issues.Nonetheless, if required, a drainage system will be designed and constructed(especially in conjunction with the subdivision approval process)in a manner to protect the property as well as to minimize the volume of surface runoff if determined to be necesary. There are no known archaeological resources on the site and previously undocumented sites are not anticipated to be encountered.Nonetheless, work will cease if unanticipated archaeological remains are discovered during the course of the project. Work will resume only after proper clearances from the State and/or County have been received. While there have been sightings of the Hawaiian Hawk (`Io) and Hawaiian short-eared owl (Pueo),this area is not their primary habitat. As such, the subject project should not have any significant impacts on rare or endangered plant or animal life in this area. The proposed RS-I5 zoning will help fulfil the objectives of the housing element by creating two additional lots free from CPR restrictions and available for residential uses. The Plan also emphasizes that developments be mindful of an area's natural beauty. The subject parcel has been used residentially for many years and fits in with the surrounding natural terrain and beauty of the neighborhood and its surrounding parcels. As the project site is approximately 10 miles from the ocean and has an elevation of 2,900 feet, the usual coastal resources concern is not pronounced. There will be no interference with shoreline access. 26 There will be little to no impact to public facilities as no development or increase to the existing density is being proposed.Vehicular access to the site is via Lihipali Road, a County owned and maintained roadway and is accessible by emergency vehicles, In the past there has been some confusion over identification of the correct dwelling in the case of an emergency. The proposed subdivision will result in the creation of a new address for the additional lot which may help emergency vehicles identify the appropriate dwelling in the event of a future emergency. Schools and other public facilities are also located proximate to the site,most of them being less than S miles away. Finally,in terms of the Land Use,Housing and Economics elements,the pertinent goals,policies, and standards of the General Plan note the following: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County, (Land Use Element) • Zone urban-types of uses in areas with ease of access to community services and employment centers with adequate public utilities and facilities. (Land Use Element) • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community,region and County. (Land Use Element) • Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. (Land Use Element) • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. (Land Use Element) • To maximize choices of single-family residential lots and/or housing for residents of the County. (Land Use Element) • Designate and allocate single-family residential zoned lands at varying densities for future use in accordance with the needs of the communities and the stated goals,policies, and standards. (Land Use Element) • Areas shall have basic improvements and amenities necessary for immediate use. (Land Use Element) • Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. (Economic Element) 27 • Improve and maintain the quality and affordability of the existing housing inventory. (Housing Element) Discussion In view of the foregoing goals and policies, it is noted that the requested zoning would be generally compatible with the surrounding area. The request is in keeping with the parcel's State Land Use designation of Urban.Also, although the adjacent properties are zoned A-1 a, with the exception of the 420+acre parcel to the north, the use of much of the surrounding area is residential in nature. Further, several properties located within less than 0.5 miles of the subject site have received approval for similar requests to change their zoning from A-]a to Residential and are now zoned RS-15 or RS-20. Thus, the requested RS-15 zoning more adequately reflects the goals of the General Plan than the existing A-]a zoning. Since the property has contained two'existing fully permitted single-family residences for decades and proposes no further development, adequate facilities already exist to serve the project. The site is already serviced by adequate infrastructure including police and fire protective services and all other utilities are already in operation for the site.As such, this development should not require additional public services. The property has no severe topographic or geologic problems that would render the land unusable for the proposed subdivision and activity. The prospects of the site serving any significant agricultural purpose are very limited, as are the prospects for the site serving as habitat for rare or endangered plant or animal life.Likewise, surface and subsurface archaeological remains do not appear to be likely on this site. C. South Kohala Community Development Plan The South Kohala Community Development Plan (SKCDP) attempts to further define the General Plan and serves as a guide for decision-makers. The subject property is located in a developed area as shown on the Waimea Town Conceptual Plan included in the SKCDP (Figure 5). This area is not identified for agricultural use and is thus more appropriate for residential use. Further,the proposed change of zone is conducive to the policies and strategies as outlined in the SKCDP. More detail on the proposed project's relationship to the SKCDP can be found in section IV. C. of this report. D. Zonin2 and Subdivision The designated zoning of the site is A-1 a. Should the RS-15 zoning be approved,the requirements of the zoning and subdivision codes would be complied with, including use and related development standards. These include the possible incorporation of appropriate restrictive covenants relating to density, use, and design restrictions. 28 E. Conformance to Urban District Standards The State Land Use Designation is Urban. The requested rezoning to RS-15 zoning would allow the properties to remain under this designation and would not be contrary to the State Land Use Standards. X. CONCLUSION Based on the consistency of the proposed change of zone request with the County's land use policies, approval of this request would be logical and reasonable. The requested use and density is consistent with the surrounding area and properties. The alternative of leaving the land in Agricultural zoning would not be a reasonable option and would limit its potential use while confining the landowners to CPR restrictions. While other zonings of a residential nature could be achieved, the requested RS-15 zoning is the most sensible. 29 '< RECCRDA7ION RE yESTEt py: ` I iR?IEEx L;Cu2"uATiCIN' RF—URN TO: 4 i r VAX,?,!m,MIN, F1,0 W _ tx VECLArRATION Of CONDomittl(im kROPERTY REGI4E, +i OF ! KAWJELA HEIGHTS and TBIT "A* - The Darr f } 3. DI) . 1st�o Sauahf es Ei nolaolul Nava 3 3 leIap 531-8 1 a a. 03 Exhibit A 22123 5 SO OEU;�FATIQIJ OF C0N')I-X41NJIRI PKiPERTY FEGIXF, sa UPT 5 WiFRIFAS, ROBERT .TM ES L6MW,,IDI and CORINA2. SOn-142E: LO"MARDI, 114;5t a r)d illo W;fe, t4`1113*e reri4pr":Q ood Past *W Ce addrenz i� IB4-1 Sn. Louie, Urive, Hoaoiulu, Fauaii, 96816, HAMS C HR I aVI F FWAUND 21nmERmANN, oIhose address i; a I s%) 1B,14 Sr,. Louis Drive, H-in,:tlialu, Hawaii 96816, a1rd ARIA it FRI*IC, whose residence and :po;t office address is Sea Silverado ()rive, Lafayette, Cillfaznia 94543, hereinaftez collectively called 'Owner', own ir, fee sijople all of that certain parcel of land more particular]; described in Exhibit 'A" attached hereto and made a part hereof; and WHEREAS, the Owner intends to improve said land, in accordance with plans incorporated herein by reference, and filed in the Bureau of Conveyances of the State of hawail as Condominium Kap No, hereinaitet called "said Condominium Map"; NOW, THEREFORE, in order to create a condominium project consisting of said land and Jmprovemant., (herein called the 'Project-) and to be known as XAMUELA HEIG 5, owner does hereby submit said land ascribed Exhibit W and improvements thereon to the Condominium operty Regime established by the Condominiora Provert Act, hapter 514A, Hawaii Revised Statutes, as amended (h *the AW), and in furtherance thereof, owner make th ter stated declarations as to division's, heti r 3trictions, covenants and conditions and herob and agrees that said property is hold and shall be be ad, mortgaged, encumbered, leased, rented, "ad ied and coved subject to said declatatioas, restric FIS and conditions set forth herein which declarations, r ri ions ted c*nditioais shall constitute covenants Maning wl. a Is and shall be binding on and be for the e"fit tits hereto, their respective aucces&ar3 and hVign 11 subsequent owners and lessees of Z11- or rt 01 the project and their respective successors, heir rs nal representatives and assigrasA 1. A art nt ere a a hereby established two (2) freehold estates ca ad "apartments*) consisting of two (2) zaparste doal signated A and a, located WUMA and s,tasted U two rtAi.n specific deMnated land areas designat A" and 'Lot 81 on said Condominium Map, Each 4p4rtre c .is of all improvements comprising the dwelling rani bin ch of said land areas, and said apartment fu x Con is of all other improvements within each of 3 1 at do not service a" other apartment. {1.1) Dwelling Unit A has two (2) stories and a (12) rooms and has a net interior living area } of al:Y`oxin.,tn":y ?, ?6 :;q-)re fent, Gxcl:EC;r-^, twa (Z) :ar-.ais and a 'aazport. '!'ne G'aelling .,nit A has one (1) covered and t1 r;P rl) '.wtco et 'd.i + k.3_L1 Er) aVVtoxiwa`elt 505 41z.ai'f '.Ret and an attar hed "ark;. ct aPY ,3x:„,tcly 529 7q'ar�l F..Ct. ^'hc NaellLnq etas a and 14 p'1-.^xpalty C-onst"Jcted of Cr,nCroto 3 ➢rick, .;rid, utszi r drywall Loarrxt:on„ glass, sly 1 au;it a3 arp tcyryatF i_r, TcPre is n4 baser .nt, ;1.2) G Illi 3 oit a has two (2: ztcrt=as and c:ntains ten 1,10) r1�?:s ccatai^i.ncner, intari7r lir,inq arca of acnroairdtely 1,511 S�bnT Vit, y Xcludisig i;e `1) �n1}rE4d tdnai a;rd garage. EOwrllinq Unit R has ,rne (I) covered lana: containing sppruxinate<y 1401 square feet and an attavhod garage ref approximataiy 259 square feet, The Dwelling has a metal roof and is pria'cipally constructed of wood, interior drywall. partitions, glass, aluminum and appropriate trim. There is no t basement, (A.3) Each of such two (2) land areas are designated and identified as Lot A or teat a on said G+antlominiurt Map and aceherein (axed in the Bylaws) sometimes referred to as a "Londomiaium Lot' or a "Condo Lot,' each apartMesrt ownek shall at his own expense properly maintain his apartment and t Condo lot. 2^ C a emenr oat freehold estate is hereby designated in all of the remaining portions and appurtenances of the Project, herein called the 'Common eluents', Including =i specifically, but not litaited tos 1 l r (2^1) The land described in xhibit "h' in fee i,• simple aid all appurtenant rights: i 3. Limit t3 eommnn Eleaten s, parts of the common elements, herein Called an desig to imited common elemen'ty, ace hereby set aside for the ezclurive use of certain apartments an s ents shall have ;aTpurtenont thezeto eXclusive nts the use of such ; limited common elements. T to co n elements so set `• aside and reserved are as fo o p l3^l, The sap a Is site designated "Lot A" , as shown on said Condo iota limited common element appurtenant to Apartmen �3^2) be sep and area designated "Lot ft" as shown on said n inium is a limited common element appurtenant to Ap rtMen a, them common elements of the project which are ra icna ted to Bass than all of said, apartments limited to the use of such apartsmelits, TE, n the event ASSOC ation incurs costs and experts ith pert to limited coauvn elements, all It laments costs and expenso3' including but no imi aintenance, repair, teplatement, additions improvements, shall be charged to the owner of the nt to which the limited Coswaois eteftnts are app ni a 21210, bs� hEl -'-.Wncr v« C-o'ce, ipartltfint U ta In avluitial ti"'ie th,atptf" Stall hecc'+p_ : me'mbef of t'he A ssociainn of Apartre.,t cw's,Cro' haccir :al led the "A Ej s-,.c-.t.inn', ,,d ninal I re^y in , sr;mb�r tterec—, un­.! skxli tiT,a hiN o,4ncrstir, 01 c parl'nnnL cea;15 f"'r ar.y rt whirh t,Tc hl� it tric As3ccilatiwn 5al; cease; prrwideO. if a;j to 'thy' c.:tf,@nt A ­4i;se of any 'h., bod'd of '�Ssociatloa aG p-rjviT"R'-,' tte or such apartmont slnall b,�' to be tl>'_- cwacr 'Ihefocr'­ the P,-,) Ct shall he vested in tht As3iriation, consisting of All apartment owners or the Project in accordance with the ay-Laws of the As.,icCiatior (the '0Ylaws*) to he recorded contempotaneo,,isly herewith. Qp*ration of the Project and maintenance, repair, replacement and restoration of the Cowen alements, and any additions and alterations thereto, shall be in accordance with the provisions of said Condominium property Act, thin Declaration and the BY-Laws., and specifi�,011y but withoit limitation the A45ociation shall*. (8.1) Subject to the obligation of 5partowit owner$ to maintain the limited cowran elements, make, build, maintain and repair all fences, sewers, drains, roads, curbs, sidewalks and patMng areas which may be required by law to be made, built, maintained and repaired upon or adjoining or in coorreatlon with or for the use of the Project or any part thereof. (6.2) Subject to the obliga n of apartment owned to maintain the limited carm,mon Q scents keap all comm in elements of the Project in a stric a and sanitary condition, and observe and perform al ances, rules and regulations now of hereafter de an ove C A"n t a I authority for the time being appi o he Project or the use thereof. (8.3 ' subject o ligation of apartment owners to maintaint'h. I '_ ad o elamantso well and substantially repair 4 14ointal esery amend and keep 411 common elements of projec th a necessary reparations and amew%ents what0� . It gel d condition except as Otherwise prcvlde4 herei Mai n and keep said land And all adjacent land bet reet, bouAdacy of the Project and the estilblishad orb o, et line in a neat and attractive condition 11 tree shrubs and grass tborear in good cultivation a TOP Ot time sea as may be necessary, and repair and make 9 oil 11OCts In the oommon elements of the Project herein r . repaired by the Association, of which notice sba 3, l any owner or hit agent, within thirty (30) d eT the giving of such notice. t Make or suffer any strip or t#aste Or any unlawful Vow r offensive use of the Project, of permit an apartment owner to do any work could Inapardite the soundness or safety of the duce the vaLue thoTuof, or impair any easecwnt or i tame, L " neglect wh�,-teby L)c vt'jject' or dny part thart'OE all eny, '�Cuuccn 'any f" 'iiae 1 ba Cze r c I 2e.: L"y i rd el'itet any aP6:tqmatS aad limit-C-d carntr11 ;cart t imc.' rr) time ftilnq reescnwble it'urs mLy 'no Cht- fr,t rdkinp repiizz thprkifl z*oquired to prevent Iamigc, c) ap;�t tirpat f) C"fli-flM 9'etmerita or tot no mu-ntenarce rl.- replAce—,ent of any MO obsolvR any "etblck lines aft;mttn'l the Froject and shall not erect, place, or meintain any building or structure whatsoever between any street boundary of the Project and any setback line along such la�ionlary except approved fences or walls, Expenses- (9,1) All ChOfqCls. Costs, and expenaes inCOtfed by the Association for or in connection with the administration of the Project, including, without prejudice to the generality of the foregoing, operation of the Project and maintenance, repair, rebollding, and restoration of the common elements and any additions and alterations thereto, the maintenance, repair, all labor, services, materials, utility Services and equivtonk therefor; all liability whatever for lora or damage arising out Of Of in Contention with the CGMMOn ele=Jt5, Or ZAY aCC164ftt, fire, or any nuisance thereon, and allAkemiums for fire end extended ca-torage and liability irisuraritquiced herein with respect to the Project and Other in ramc4Lcu!Je!ttqe thatthe Board may obtain; and tha cost 11 1 3 Y SeEvic%a, Including water, electricity and g isposal and any other similar service unless 3epar e tared, shall constitute common expenses for 4 the artmant owners shall be severally Ilable In ptopor ce6pacttve coffin interests. Real property as a tial assessments referred to in 9 t 514 A avali Pay sed Statutes, as I hot c JA f the Condominium Property Regime heicby'i"a d no yments thereof shall be mended, shall 'as 0 n payments of such dbaon ex ,a a ociatiou incurs costs and expenses with respect iced common elements, all limited 'Common elew'Ats co a An rig , including but not limited to, Maintenance, repair, placex*ht' additions and improve ts, shall charged o the owner of the apartment to which the limit c elemen :1 are appurtenant, pattmeat owner my exempt himself from LIAbill for Wbution toward the conmoh expanses and the I owon element expenses by vaivaf of the use or enjoy%en of ny ski the comes elements or by abandonment of his spar All soars charl4eablo as common expenses a ite'd Olavo)it expenses to any apartment but unpaid to C with interest, tate, Cha(gel, attorney's fees and costs s sstitute a lion on such apartment prior to all other .111W 1�eas' except Or"'Y (') L;erib -Qr t�;Tes AV-,, 3zzesspea"3 lawfully itilrosed 1-1y qovo-rnenItdI acHiotity again-It SIM-'r, aparullp"ll:. 2nd (Z) I i P n rI ;,n r.-1,,t q! . A 'Ie f�f _Qr'rl- ? .'e s r� _,�:h lien nay ne, ')Y 7hil Uy t> A.,sr:iatirri i,Ih- Mz.-_A,,,inI AILItt on it,,; tr h lf, in like jnAntiez i-. a -iirittVaqe !rtreal tt',It tftLTt-11 (311) tjayS' r.(I*r W:'ittor. :a71tict� to fue�-Iose shall be mallet cy cetjintetei) nlif U) ia-,rtqagees cf record and all *then pe-SPC15 haviv:3 dny intrest. in 11sa-Lfnarll _ rhcL:n tlj th._� rr-corY hj, nacaging Agent or the baard of Dire--tais, acting on behalf oc the A*tr,,ct-W ),) :[salt be ­Q ItIod to bid !I Such apartment ak loreclosure gale and to acq.(ire, hold, lease, mcLtgnqe, and convey such apartment. Suit to recover a money judgment for unpaid common axppascs tboll he maintainable; without foreclosing or waiving the lien securing such expenses. (4.5) When the mottgagee of a mortgage of record or other purchaser 09 any apartment acrltiires title to such apactmont as a result of foreclosure of the mortgage, they and their respecti,.,e heirs, successots, legal representatives and assigns shall not be liable for the share OE the common expenses or assessments chargeable to such apartment which became due prior to such acquisition of title. Such unpaid share shall be deemed comnon expenses collectible from all apartment owners, including such mortgagee or such other purchaser and their respective heirs, successors, legal representatives, and assigns. ill, oPeclarstlin and-_-sy-WW3. All -a guests, apartment ownersF'tkhV5,e_tMs, famili#s% servants an employees of owners and ta�nants acrd dy er persons who may 1' i� a e in any manner use the Project, s h a be ad by and comply strictly with the protrislonS of t ion, the fly-Laws of the kssociation, and all agre decisions and determinations of the Associati 5 1 ully made or amended frons time to time, and failure ii�th any of the some .Lp M5 shall to grounds for an actio MC ms due, for damages 'o re" or injunctive relief, or aintainable by the Board or Managing Agent on behalf ltjAoclatioM or, in a proper case, by any aggrieved spar a offne 'i 11. CIA'ancr W Codes, Rules and Any !$tin stuns being c00vt4ttd to -Y condominium !tatu ereby in compliance with and no b._b variance has been at om any ordlAaace, code, rule, regulation or er r irement in force on the date of said a stractora's co and no variance has been granted from any current or or code, rule, regulation, or other requirement 'r 12 '_-u rhace - CA3UaItY, Liability and Other. 12 The Board, in the naMt of thO A3500iXtiOn 1-11,11 a ease, shall Purchase and at all tiMea keep all rld!,i.'93 im.. s provements of this Project, including the Ice leveats sed, w he.,th e x *c not part of the common a ri I exterior and interior walls, floors and ceilings, 3(:Cv with the as-Wilt Plans and 11W 12 1; specif2.czt---ons, insured & ainst loss or da-mago by fire and such Uther hazards with extended ctive'ac"Q (inclodinq tl'Noe ia*uZanrp p:'Tv In I�'Ivq 'Inde- o1c )f the f"ne3rll rlcod P("ftection Act �)f 1973, if t.,Fe p(r;r,-rt7 e5 lo,-*6ted is or identiLIed fLf):A hazard ar>-a as deionatedby the Federal Depactment of Houziag and urban in an in-.,trance tj do nusinEms in liaw�)ii in an amount, 4--iffici'omt t'? pr-c"Ildf, tor t�'e fj,li repair .?c Ful E dedk,,-'^i0r. FCC depz-r,ciation in the f,vcnt rj f a u Ir s ap a rtnf.r.t- Ini and ;)Ryahlo in zznp of los, tC Uch oar"I". Cr t `ts:it Omp.9 n)r authorizer] te dO inks i ness ill tl3wn:I rl* 111'e R"a 1,a shall designate for the r-iutody znd dinpCsition as h?rein prov!'E-i of all pruccL�ds of sunk innntiranr'.ii: without prel*idise to tj�L"r'-qht of each apartment lwner to insure his apartment for nia awn benefit. in every case whzce an tpa[tmeat suffers Such loss or damage, except 55 otherwise pEo'iided heroin, the rlpci5ion 110 repair or rebuild shall rest with the apartment owner. if the owner decides to rebuild, the owner of the apartment nhall be required to "ka up any deficiency in the insurance proceeds, and it the destruction is of a common element the ASSOCiation at its Common ovgansz snill maks up any d"Sticiency in the insurance proceeds, Every such policy of insurance shall, if available at reasonable rates: (1) Provide that the liability of the insurer thereunder shall not be aEEected by, and that the insurer shall not claim any right of setoff, counterclaim, apportionment, proration, or contribution by reason of any other insurance obtained by or for any apartment owner; (2) Contain no provision relieving the insurer Erem liability for loss occurring 'nq I wh InAthe hazard to such buildings is ir�creased, whether or not thin the knowledge or control of the Board, or because any breach of warranty or condition or anyotjneglect by the Board or any apartment owner or heract the persons under either of them; (3) Provide that PO Cy may not no cancelled except by the insure least sixty (60) days' prior written not Ice, thereo the Board, any mortgagee, and every otheern in in crest who shall have requested such notice I uretj by (4) C by In-surer of any right of siabroqatloi of Board Of apartlftnt owners against any of Ikkam o r persons under them; M=6� (5) cent Im VqRMIjer by the insurer of any right to deny liability maws ahoy of any apartment of apartments(6) ental 'Now 'T a standard mortgage clause which (a) P that any reference to 4 Mort n such policy shall mean and include all 1101 rs rtgages of ,any opactwerit cc apartment 031iw -7- 2 3 587 1p;i"ic of the Prnjurt, in thi-ir rQtpe,-tive: Crepr and arefarenc v),,ther :r, net nary1. there,.5*, c,.,!It, ! Sit nock i;in,j r I n c e $3 a n t e r S t Inv M 3 t,C11 e e o h 4 11 r;n t b x:. i *V a1',',1 ted by any ac ur neg-'I e C f the '3r,a 1 d, 0 Z e.P a Lou'W; C114 S 0, ny purr,-,15 tinA."r any -Nf Ind wa:-4- ;iAy 6(,)Vlisitjn it a �,-11.inq !;!.JCn m'j r tq a 4�L c I a'I s C, by r t_dz;on 0 f t h� f a i I e ?f lily T,Crtq&qee to ontify the insilre, of any U-C: or vacancy, any requrrefrer.t that the n-.m,,jaqee pat aji,( pretluln thereon, any ccrlttSlbutioei cla?use- (12 11) Ir the (,.vent the Act should hereafter be amended to prowida that the Association is not required to provide the insurance coverage set Eotltb in paragraph (TLI) immediately above and the Act requires or permits the individual Apartment owners to obtain on their individual dwall.ing units tho insurance coverage required thereon. by the provisions of pafagraph (12,1) immediately above, then and notwithstanding any of the provisions of this Declaration or the By-haws, the Board of Directors may require that the individual apartment owners obtain and Pay all preiriiiAnj for said insurance coverage on their individual apartments. (12.3) The Board, on behalf of the Association at its commit expense, shall also effect and maintain at all times comprehensive general liability i n3u Race covering all apaTtraent owners with respect to the Froje in a responsible insuceate company authorized to do busi in Hawaii with mini=m limits of not less than $3,4,00 .00 3,0 000.00 1 in3ury to one or Note persons in any one acIiior ccurrenre And $50,000.00 lot property damage, witho to the right of any apartment owners to nsi lIn liability insurance for their respective apai; ts ht's obligation may be met it similar insurance cover luded, within the insurance policies of each of t * Afs owners aid the ASSOCIAtIOA is named as an a I insrir under each of said policies. (123) The Bo on be f of the Association at its cosiman expoiso. ma, obta sucance coverage that it des= necessary or des Is, 13, Cartilemna th, event of a taking in crindw�w,atjoin ar by 'rient d of part or all of the Project, the prooseift any a rd of compensation shall be payable to a cond atio trustee (the 'Condennatitn Trustee') which shall be a or ust company diasign&ted by the Board and doing tittsin e event all Or any of the project is taken and there i i no ins Judicial dotermittation of tsar amount of condemitot o pr it.ada locable to each apartment Ert tAxon, the amount of t cniletan an proceeds allocable to each apartment (i no lud' t t's appurtenant Interest in the common 010M and a ted common alQ*erLa) shall to determined by estate apPraistr (*Ipprai;ser*) who shall br a rembaE t ican Institute of Raaf Estate Appraisers, or any 2203 5SS sucCeS01' and wjto shall lAve dctad (-in behalf ut Che eparLA"ont in tllr, c3nder-,W-.01 PrW,00dirlljs,' or, if to SUCh -3PJ'r,3 I SC r S 11 a 1 haue al-ted an behalf -7 f ttaq 3 P a 11:ult V t hnvl.' a;:tp'$ ,,I h'?hitt tho- ap-ir,ment '-wn e x i khen 3n appraiser Ni th Sl C h qualificaLluns shall to select,�d by tf*,t: anatl to do?tormir.e Hvt amount o f cfn d emn 3 t i-,r, p-.e,r e r-,d f n I lo c;2'11 410 ea C,h -3 pa I tm e n t if the el"tice plc'JA:aCt I zfakeer the TzUstec I pay to 1pj,:h apartTr"'-It "),4 V,a r a I I d M,t?e t t"�14'?Q a!; Uncir inte.---_zta may appear, the pcottioc of zhe ccnde7,nalrir—n proceeds a-eLermined in th'a ahove nannQc' in tho event ul- d partial taking. of Lhz Project in which 4i) any apott4nent and appurtenant land area is taken, at in which (ii) a portion thereof is taken and the remaining portion cannot be repaired or rebuilt in a manner satisfactory to the owner of the apartment and to the Board, then such apartment shall be removed from the Project and, in either event, the Condemnation Trustee shall disburse to the owner and .any mortgagee of such apartment, as their Interests may ;PPear, the portion of the proceeds of such award allocable to such apartment after deducting the PrOVO(60nate share Of such apartment in the cost Of debris removal, and the apartrwot owners shall amend this declaration to reflect the removal of said apartment(z) and the appropriate adjustment in th a ownership of the common elements. In the event of any partial t 2ag Of any Of the common elements of the project, the Boa(d S L arrange for any necessary repair and restoration of the imp Meets. remaining attar the taking in accordance with the design thereof immediately prior to such condemnati r, if repair and restoration in accordal" with such d permissible under applicable laws and r0julii4ionsan force, in accardante with such modified plan 11 a approved by the Board, and the mortgages of reto pactment in the Project remaining After such tsX' if ma held by the Condemnation Trustee are insuf to pay the cost for such repair and restoration, the rd all BY such eAcess as a 'Common expense, andd, if in ay 3 11 bring a special asse"Ment ag4iast thOwpartmen ners. Tf the sums iv 0 result of a partial condemnation exceed the o any amounts payable to the owner and any mortgage of a apartment And the amount of costa (,or debris r al AM repair and restoration of the remaining buildi gs a i Mp r1D at3, such excess shall be divided among the itmen owners including the owners of any eliminated apart dance with their interest in the corn elements prior to ridemnation. 14. Ma and DestruCtion W COMgqA EleMej)ts- case AL any time or times any common elements of the rvAftt amaged or destroyed, such improvements shallb� -s hal t rail "ad or restorey) both apartment r; own a I vote against Tebmilding, (epairiaq oi: otherwise to a common elements as aforeiaW, which vote shall tsn ening of the Association hold prior to 212 3 SS5 crM—�,a rice mon t of t L� r;_N.)i I di cg, repair of or-her of t lic inprove.7,erts --,nd wikhin 9: tliyz a6te- nucf^ ,;ns nx caindgc and all h=alders of liens affecting any of tho apartments "ha"! tn)n'a(-Tv' t lvc <7 n V"I o1q, U .-- h 'n )?I,] In nijcft cvcc'.t llht. Pru-':`Sionn ef St=c:ija 51-A-21, Hc-,rdi4 R-viLuw Sta",itus. shdl 3PP?y and the Asnc:latioa, within t ioas,,rA1Q tir.Ae, t4erea!ter' at 11's Cmr'�rc'n crp'ln5e' 51"C LVnovr Eli rov'jin,. unpl:r.3vementz; sn d-acteged of tentejyisd and, rosU,,rt-, the s4to Lher�,,f w orderly cct'Altica and grade. kly such� 1-1*5 t"Ca t i r)r" of t h,e t n a 1��Oc n t s �"-h a I I tocompleted r-'i 14 o o' t 1 y I-)y ttle Associ,atinn at its rcwmr�n expen5e. 15. Alteatic)V 0 f 11 LQj.!-!!c t Eycept as otherwise provided in this Paragraph, restoration or replacement of the Project or of any buildilig, ,,r construction of Any additional building or structural alteration or addition to any structure, any of which is different in any material respect from said (:ondwinium Map, shall be undertaken by the Association only Pursuant to an amendment of this occlarationt and in accordance with complete plans and specitications therefor first approved in writing by, the Board and also by the rwr1tg;qees of record as shown in the Association's record of ownership, and proiriptly upon completion of such restoration, Ceplacemeat or construction, the Association shall duly file of record such amendment together with 3 complete set of floor plans of the Project as so altered, certified as built by 4 registered architect or professional engineer. Notwithstanding any other provision herein contained, restorations or rebuilding of improvements within an apartment or aIte tions or additions within or to an apartment or within a ited Common element appurtenant to and for the exclusive use of uch apartment, may be done without the written approval o the pard of Directors and may be done without an amendment 5 laration or the filing of a set of floor plans of the;, o altered. 16. MaIntgnooge Reserve T Board of Directors shall establi ad maintain a N serve Fund by the monthly assessment against an nt 11 the apartment ,owners in PrOPOTt"afa to thel CtiVC COWDft interests, Of such annual &went as the and ete Ines to be odequate to provide for theon u 1 e5' nsurancet maintenance, repair, restoration nil repl at the common elements and ,other expenses admi 'Etre the Project, and the fixtures, and meclhaniza ipme ereof, and for such other purposes as the Board e cessary, all of which shall be deemed ConclusAvely t be a expense of the Project. The Board may include serves or contingencies in such assessment, and uch USSMO may from time to time " increased or dcc sed the discretion of the Board. The Ralotmt or the c s allocated, used or to be used for capital improv ate, other capital expenditure, shall not be d1leme e to the Association but shall be credited upon the b, f the Association to the paid-in-surplus account as c ital untribution by the apartment Owner, The Prop—ortiona teres of each apartment owner in said Fund shall b t or assigned separately but shall be deetraed be red with such a9arttV4,At e,-en though not caeratlr or described expressly in the instrameA of as Tf the Condominium Property Regime established is in te4d, said Fund remaining after full payment of ld -LO- all cQm-orr expen-ses of the Aszociatija 5;h,311 re distri!)ULcd t-o all ap.4rt+:e e.'-w n C-r:F'. ':tcajlk- E f,L L-d'o -1,11"In f�f& f Ap.a r�.NO z; t ecO ns�i ti.t F,d as a n e-a e 0;i d U 1ir,i P I up-I ly RF'q in thett inte-n2sn. Ai1.end-.t1.,,1,,)t Of fjeclaration. E:Xct�l a:: otae•wt-'se TTt-pided hl;ldin 4: ir: spiel P-rerlty Act, ttY rzsv- he by affirmative vcte o" cansenz of :1,11 of: �fte ownirg enc, shdl' bE! effc'�ivv' OMY vpoe" th� zecozdlzq cE an instt!umant sgttinq ftcth such za,mendo-ri- no vete 1,jiy executed by with 6wnerl- nr by iny t-WLI nff icer> of the Ass cxa ion, prcvid--2d. Vvawe v q,r, twat any material a.,zmnd me n t to thin IDccI;.wcatioa e h a I I require Upr- written approval oE each mortgagee c�f an a p a r tt tia n t; provided further, however, that the Owner expressly reserves the right to successively amend this Declaration without the consent or joinder of persons then owning or leasing the apartments by filing amendment(s) to this Declaration ptrsuant to the provisions of Section 16 Of 'IM3 atclacation of Condominitut Property Regime and further pursuant to the provisions of Section 514A-1'2, '�ia--?aii Revised Statutes, after completion of the buildings described herein, by attaching to such amendmentfs) the proper verified statement of a registered architect or Professional, engineer certifying that the final plans theretofore filed or being filed simultaneously with such amendment fully and accurately depict the layoAt, location, apartment numbers and dimensions of the dwelling units as built. 18, Definitions. The terms *majo6lty 'jority of apartment the own ma to t owners" herein Mean of a which are appurtenant more than fifty per t of the cowaon interests, and any specified perce tape the apartment owners means the owners of apartments ich e appurtenant such percentage of the common interest. 19. Se vice of Process. he net Is hereby authorized to receive service of s in all cases provided in said CondominiumAwpgrt unt I I the kizoriation of Apartment and thereafter the President of tne Associat n asst rived to accept such service of legal pros s. M 20. IM ILIVIAM I The s of any provision of this Declaration $halt not OW" mpair or affect in any manner the validity, enf Ity or effect of the remainder of this Declarstior%, Afild in vent, all of the other provisions of this DeAkation ati continue in full force and effect as if such O'CovIslu had no r been included herein. I X All. Cx P-2123 5q f IN WITNcSS MdEREOF, tha OwUaar his cseCu'td these presents thus _ Iffy Of k9---- 08FR J� CCa � 72 fpP2NvF SJ' Ate" MO:OAPVtl = NS CHRIST �1N RM"" {6 ARIAN2 FRANC x, R $ES`f 6 ARD I {. Her AttQ a -ire-Fact t d x- 4 f. 7. ' 03 xa#� 4yy q 1 frt� I ^i` t 22123 �j 92 STATE Or hAirAI I } ss, On )hiz; dad _ 381 6 � 19 I:efaro T;e peer o. liy appaarr� RC ERI JT K.0 C(RBRI!i ay.d tti SOPHIE trc- known t be the pp-rsoms &sc.ihod In and Wha E!aL.Cuted the foregoing n,,st*current, and acknauledgetl that One? executed the saNe as their F t& and deed. j Notary lic, State 4f 1,114W My commission expires: r. STATE OF HAWAII } } SS. r CITY AND COUNTY Or HONOLULU � {1n this day of19 befoce are personally appeared '#t8 CEiRI E�NttitCr ZI RMr�th to ma knoxn to be the person described in a who executed the ,.d foregoing instrument, and acknowled ed that a ezeouted the some as his Free act and dead. C� f a'ta of Hawall � Y is 'an exgirRs. k z :'xt. aTdTE 01" HAWAII } � SF Jn # S clay a 17efloro rrt'+ a.Het�xed 3CE4Fx� J�."'..5 I.x *: l p r;lyu,tlly krb«n, who, tlp r.-g by r:;e dufy :worn, did ayr t?14* ho :5 Zhe A ta:rrr:;r s .-FlUt of ARIA-4V 'rTA C, du'.y mp'poirted under %wer of Art-orrey cIaLtd j tubfir. oraed in rhe Aaxrau of 4 rveyinc of ? the y sEa o Haws t in ri.ok 2 £+S Pagp 2d f khat t. t Eo Jckng inLrlmert won, executed' in the ramie ar 7 beaalf of i said ARIANZ PRILNC by s©'_d ROIII:R' JAMES Td,XBARGI, as t+er Attorney-in-Fact: 3nr1 said It05RR'i' JAMS LOMBATZM acknowledgL-d said ittskrunert to be the free act nd dr-ed of said ARiANE i FRANC, i Notary P Sc, stake of Hasraa3 71 .� My cami,si,aa expires: �r t ke ff� P � it v hfi. Y,YkE4 �s �ryFt •. j ay ° KK j r r � 7„« k 12 1,2 3 594 All of that certa.a ol land (being , por'izn ril Grant 12786 to R. T. and G. G W1 Ill iaMS, a Portion of Grant .11565 to C. L-_ttlaJohr,, and a pniti-;n of Grint 11565 to A. Watc-rhouse) lo?Lnq .*t "9`, lil,)c.k 12 of 'hp tract! If *and known as the 'WATXrA FORESTEADS", 311,udtle at Waivea lio-.1eltea4u. South Folia.1 a, '.cunt,! and State of HavAii, and nore as to11QW3: Bar,inning at a pipe at t2he 11orth corner of this Lot and on the Southerly side a' Lihipali Road, the coordinates of said point VE begiolin5, reiprrad to Govornmo,4 Survey Triangulation 'WEST BASE' being 610.23 feet North and 4116.75 feet west, and running by azimuths measured clookwise from true South; 1. 1396 121 45* 240.69 feet along the remainder of T. Grant 12789 to R. and G. G. Wi I I iams to a pipe at the Northeast corner of Grant 11565 to C. LittleJohnl L 906 221 30" 171,35 feet along the remainder of Grant 11565 to C. LittleJohn and also the remainder of Grant 11556 to A, Waterhouse to a pipe; 3. 157* 591 175,33 feet alo he remainder to trent 115 to A. Waterhouse and also the emin r of Grant 12788 to It, Williams to a pipe; 4. 247* 59' 165,00 f ria Southerly side of Li OIL to the point of ng and containing an area f 73 square feet, Being all t pr Oct in the followingi DMO Dated, ry 27, 1988 Book., r 6 'Page: Grantor.* J94NBTTE LYNN YAPPZLT, unoarried, Grantee HAAS CHRISTOF EDIJOND 21KMERMANN, unmarried, an undivided one-fourth JI/4) interest as TENABT IN SEMALTY; ARIANE fP2ANC, unmarried, an uAdivided one-fourth (1/4) interest as TENAM'r IN SIMPAITY; ROBERT J, LONBMI and CORINNE S. LOMBARDI, husband and wife. an undivided one-half (1/1) interest as TRUANTS RY THE FXTIRXTY, together as TENANTS IN COMMON, rk� w,� 22123 5� i 11 SIIhjPCt, failr:vi g: lie tem; �r�+3yg10 k1 t; CSP ai3tS. .. eacl.l tr,-ces, r r '[i,+ts, Carer 'ac,r�rcrtt3, greecbll_ astMe nrovinions aat fo,th ir. Zald Leclara nn and iP 'hey1ZXG bur ay; t the Pt.??�C re'v1iry in K':= B'azeat3 of Convyar.as r. ht Matt T3—�E HSWaii in Liber Sr the abs renti�ne' orcFrr�irita to vrhic t ti c e:ne. h is hereby T.ale. 2, Title to all m,Wnerais and Metallic cnar.es zse.t�ed t to khe State or H, i. 3. n Agretnen` re Bo+ardary t4s17 dammed January 15, �1 Lgea, recorded in the Bureau of Conveyances o€ tae State of + Hawaii in Luer 2150, Page 319, y R � 1 ¢ i 1 Yr ti rrr--3 y Yti G+Si 117 y ik f. Y r, a a+h �.tka a •' DEPARTMENT OF PUBLIC WORKS COUNTY []FHAWAII HI[[], HAWAII DATE: January 12' 2O22 TO: ZeDdo Kenn Planning Director ���" �fd1 . �� FRO : '-'� Department ofPublic Works, Engineering Division p~— SUBJECT: CHANGE OF ZONE APPLICATION (PL-REZ-2Q21-OUOO13) Request: A'1atoRS-15 Applicant: Oo|e HerbertTnatc TKAK: 0-5-007:045-0001 & 0002 We have reviewed the subject application forwarded byyour memo dated January 5. 2022, and offer the following comments for your consideration: 1� All earthwork activities including grading, grubbing, and stockpiling shall conform to Chapter 1O` Erosion and Sedimentary Control, ofthe Hawaii County Code. 2. All driveway connections and construction within the Lihipm|i Road Right-of-Way shall conform to Chapter 22, County Streets, of the Hawaii County Code. 3, ACCeSS to Lihipa/i Road. including the provision of adequate sight dist8DCgS' Sh8U meet with the approval ofthe Department ofPublic Works. 4. All development-generated runoff shall be disposed of on site and not directed toward any adjacent properties. Adnainaga plan may be required by the Plan Approval process in accordance with Section 25-2-72(3)ofthe Hawaii County Code. 5. The subject parcel is in an area designated as Zone )< and )( Shaded on the Flood Insurance Rate Map /F(FlM\ by the Federal Emergency Management Agency (FEMA). o Zone Xiaonarea determined hmbeoutside the 5O0-yaorfloodplain. o Zone }( (shaded) is an area of moderate flood hazard corresponding to onaos Of the 500-year floodplain, areas of 1 00-year flooding where average depths are less than one foot, areas of 1 00-year flooding where the contributing drainage area is less than one square mile, and areas protected from the 1 00-year flood by levees. Questions may bereferred toBryce Harada o[9O1-8O42. Planning Dept. Exhibit 3 County o/Hawaii i,aoEqual Opportunity rmwuer and Employer Mitchell D.Roth Ramzi 1.Mansour f, Mayor ' ' c• Director Lee E.Lord Brenda D.lokepa-Mases Managing Director Deputy Director County of Hawaii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanao'a Street,Suite 41• Milo,Hawaii 96720 Ph:(808)961-8083 e Fax:(808)961-8086 Email: cohdem@hawaiicounty.gov MEMORANDUM TO: Zendo Kern, Director Planning Department FROM: Ramzi I. Mansour,Direc 7-- Department of Environmental Management DATE: January 12,2022 SUBJECT: Change of Zone Application(PL-REZ-2021-000013) Request: Agricultural-1 Acre (A-1a)to Single-Family Residential-15,000 Square Feet(RS-15) Applicant: bale Herbert Trefz Tax Map Key: (3) 6-5-007:045-0001 &0002 The Solid Waste Division has reviewed the subject application and offers the following comments anchor recommendations (contact the Solid Waste Division for details): (X) No comments. Commercial operations, State and Federal agencies,religious entities and non-profit organization may not use transfer stations for disposal. Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. ( ) Ample and equal room should be provided for rubbish and recycling. ( ) Green waste may be transported to the green waste sites located at the West Hawaii Organics Facility and East Hawaii Organics Facility, or other suitable diversion programs. Construction and demolition waste is prohibited at all County Transfer Stations. ( ) Submit Solid Waste Management Plan in accordance with attached guidelines. } Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. { ) Other: Planning Dept. County of Hawaii is an Equal Opportunity Provider and Employer Exhibit 4 Rarnzi 1. Mansour, Director January 12, 2022 Page 2 The Wastewater Division has reviewed the subject application and offers,the following comments and/or recommendations (contact the Wastewater Division for details): No comments. Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii County Code. Require Council Resolution to approve sewer extension in accordance with Section 21- 26.1 of the Hawaii County Code, Complete Sewer Extension Application. Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawai'i County Code. Check or line out as applicable: [ ] If required by the Director of the Department of Environmental Management("Director of DEM"), [ ] applicant shall conduct a sewer study in accordance with the applicable wastewater system design standards prior to approval to connect to the County sewer system. Applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require, which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief for details. Proposed activity may be subject to existing or future federal, state, or county regulation under Title 40 CFR 403.5,prohibiting discharge of certain pollutants into publicly owned treatment works. Contact the Hawaii Department of Health for information regarding pretreatment standards. (X) Applicant shall follow Department of Health regulations. Other: 2 DEPARTMENT OF WATER SUPPLE COUNTY OF HAWAII 345 KEK0ANA6'ASTREET SUITE 0 • FI E O— HAiNIAI'I967? O .tsttttitr� �'t}, ,rt„ ill TO: lir. /ClIdo Kern, l irector I'l�7nnilr�; t)ea�tu'tnrent FROM: Keith K. 0katnotu, h1an��t�er-C1�iet t:t> itac e� SUBJECT: Change ol'Zone Application (1'L- ZEZ 2021-000013) Request - Agricultural-1 Acre (A-1a)to Single-Fandly Residential 15,000 Square Feet(RS-15) Applicant-• Dale Herbert Tre1z Tax Map Key 6-5-007:045-0001 and0002 We have revici',cd the subject application and have the following comments and conditions. Please be informed that there are: two (2) existing ntcters (Account Nos. 8:00-08570 and 800-08580) hunting 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 existmo meter or service lateral would need to be relocated to comply with the Department's Rules and Regulations. The Department requests that the plat Wrap be revised tea show the existing meter locations with the meter numbers. Should there he any questions, please contact Mr. Troy Samara of our Water Resources and planning Branch at 961-8070, extension 255. Sincerely yours,, �k"Ve Keith K. Okamoto. P.E, Manager-Chief n -_,meet* 1`l.dfig ;ropy - tklr. Dale l lerbe rt l rcl`z Planning Dept. . . . Water, Our 94ost(Precious source. . . K# `l✓Uai.,4 'imine. . . Exhibit 5 The Department of Water Supply is an Equal Opportunity provider and employer HAWAII FIRE DEPARTMENT . cotim'N m-, 11ANNAll 96721) DATE. kt11L111i_% Memorandum TO C '11, Planning Department,CoulltyW mkail 11,111ON11 Fire Inspector L"dward Ka,,Nasaki, Fire Prevention BurcaLl. COWIINOH l"MJ11 S t I B J PTT Applicant Dale HCTbert Trel*z TMK: (3)6-5-007:045-0001 & 0002 Change cal'/one From A-h to RS-15 The I Imuil Fire Department has no iSSLICS ti�itll the ChallUe o1`Zane as long US the neo\ ivs16z!nLizd lots nice( all state and COUIlt)! NklUirements. Fire Department access and tater SUPJ)ll Shall comply mill chapter I is ofthe Ha\\aii State Fire Code and Chapter 26 ofthe I hmali County C«dee FdNardK,,mas�a J Hiw hispeclor I Firc Prc�elltjon Bureau Planning D Exhibit DAVID Y.IGE ELIZABETH A.CHAR,M.D. GOVERNOR OF HAWAII DIRECTOR OF HEALTH STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO,HAWAII 96721-0916 MEMORANDUM DATE: January 10, 2022 TO: Mr. Zendo Kern Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief SUBJECT: Change of Zone Application (PL-REZ-2021-0000131) Request: Agricultural-1 Acre to Single-Family Residential— 15,000 Square Feet (RS-15) Applicant: Dale Herbert Trefz TMK: 6-5-007:045-0001 & 0002 Wastewater Branch does not concur with the subdivision. Existing information indicates the existing IWS(s)may not meet the provisions of Hawaii Administrative Rule Chapter 11-62 regarding the setbacks from the (proposed new)property line. The applicant would need to meet the requirements of our Department of Health Air Pollution Rules, Chapter 60.1, Title 11, State of Hawaii for fugitive dust control. If there is need to discuss these requirements,please contact our Clean Air Branch staff at Ph. 933-0401. Construction activities must comply with the provisions of Hawaii Administrative Rules, Chapter 11-46,"Community Noise Control." 1. The contractor must obtain a noise permit if the noise levels from the construction activities are expected to exceed the allowable levels of the rules. 2. Construction equipment and on-site vehicles requiring an exhaust of gas or air must be equipped with mufflers. 3. The contractor must comply with the requirements pertaining to construction activities as specified in the rules and the conditions issued with the permit. Should there be any questions on this matter, please contact the Department of Health at 933- 0917. Planning Dept, Exhibit 7 Victor Jensen PO Box 1741 Kamuela,HI 96743 January 28,2022 East Hawaii County Planning Dept. 101 Pauahi St. Suite 3 Hilo,H196720 West Hawaii County Planning Dept. 74-5044 Ane Keohokalole Hwy. Kailua-Kona,H196740 RE:Notice of Application for a Change of Zone Request-Agricultural-[ Acre (A-la) to Single-Family Residential-15,000 Square Feet (RS-15) PL-REZ-2021-000013 Applicant- Dale H.Treft TMK:(3)6-5-007-045-0001 &0002 Dear Planning Staff, Thank you for the notice to me as owner of a property adjacent to an applicant wishing to change zoning for their parcel. I ask that the County refuse to approve this Change of Zoning Request. If approved; it would result in greater building density, reduced Fire Department access and would create an increased flooding hazard for the existing hillside neighborhood. The subject property is located on Lihipali Road which is a narrow residential roadway which dead ends into a gated property making vehicle turn around impossible without backing down neighboring,steep private driveways. Road width is substandard due to five existing dry wells(spaced along the hill facing roadside) which each have a 2 foot elevated concrete surround of 8 foot by 8 foot,and topped by a metal grate. This arrangement of multiple dry wells severely limits parking for hiker's,visitor's, commercial, fire,ambulance and rescue vehicles.The property owners have difficulty leaving their personal driveways when vehicles are parked on the uphill pasture side of Lihipali Road, There is no County street lighting which can make night driving especially confusing and dangerous. Planning Dept. Exhibit 8 This is clearly a historic agriculture residential area which has been subject to increased traffic due to current housing density and vacation rental usage by the Applicant.This short term rental operation appears to be double unit bed and breakfast utilizing the personal residence of applicant. My concerns are amplified by my personal observations of past flooding on this hillside over the past forty-four years, Lihipali Road has a documented history of severe flooding events. Sadly, the problem has not been adequately solved by the County construction of the aforementioned dry wells which quickly fill to capacity with moderate-rainfall ,let alone what would occur in the increasing likelihood of a super storm event. Lihipali Road fills with the sheet flow coming down over the State Pasture and Forested Water Reserve above our hillside residential neighborhood. The water spills over the road at several points with the lowest point coming from the road directly in front of the subject residential property being considered for subdivision. Below the applicants property there exists evidence of deep erosion of the eastern portion of the downhill neighboring parcel(TMK 6-5-7-38) caused by previous flood damage passing through applicant's parcel. A site visit by the Planning Department would be very helpful in assessing these flooding and traffic concerns. An additional parcel created with its resulting greater density,vehicle traffic and further channelizing of the periodic flood runoff would jeDpordize the neighborhood. Past remediation efforts by the County have not adequately resolved the flooding probitm. Has the County inspected the dry wells for reduction of depth from silt? Have the drywall's and roadside been inspected and maintained when necessary.? Please consider these issues of hazardous road grading,lack of fire access,and historical flooding when considering the Change Of Zone Request under your review. Mahalo for Your Attention, Victor Jensen Mail.Jensens@gmaii.com I yn Lam, M.D. &Terry Lam co KAI'-"I'-"""YN' IN"G, 6-;-1302 Opelo Rd KAMUELA, HI 96743 West Hawaii County Planning Dept 74-5044 Ane Keohakalole Hwy Kailua Kona, HI 96740 RE: PL REZ-2021-000013 Dale H. Trefz TMK: (3) 6-5-007:045-0001 & 0002 Date: February 17, 2022 To whom it may concern: Our property is immediately adjacent to the Dale Trefzs property that is currently requesting rezoning as described in the application above. Living at this property since 1996; we would like to express our support of this application and confirm that we have no current issues with the properties listed and expect no future issues whatsoever with the rezoning of these (2) properties. We would be happy to discuss any concerns if requested. Mahalo, L (ryi n Lam, M.D. &Terry Lam Planning Dept. Exhibit 9 LA D'. ;.�, 194 Wiwoole St. Hilo, 1-1196720 �� �r '`�p� (808) 333-3393 4'V info@landplanninghawaii.com HAWAII LLC February 17, 2022 Mr. Jeffrey Darrow,Deputy Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Darrow: Subject: Response to Public Testimony for Change of Zone Application (PL-REZ- 2021-000013)Applicant: Dale Trefz Waimea, South Kohala,Hawaii,TMK: (3)6-5-007: 045-0001 & 0002 The subject application requests to change the zoning of the parcel from A-la to RS-15. We received the attached public testimony dated January 28, 2022 in response to the Change of Zone application. Thank you for allowing us the opportunity to provide a response to that testimony. It appears that the main concerns voiced by the testifier relate to an increase in density, emergency access and increased flooding hazard. It is important to note that despite the requested change in zoning, no change in density is being proposed. The subject parcel, in its current state, is nonconforming in size as it contains only 0.7745 acres. It has also already been divided into two condominium property regime lots consisting of 18,237 square feet and 15,501 square feet respectively and each containing a single-family dwelling. The request is to rezone the parcel to RS-15 so that it can be subdivided into two lots - each containing one of the existing single-family dwellings and consisting of their respective CPR square footage. Therefore, the requested change in zone will not result in a higher density but will simply serve to convert the existing CPR lots into TMK lots of the same size without any planned improvements. Thus,this action will result in the creation of lots of a conforming size in a zone that is more appropriate to their use without any increase in density. With regard to emergency access, since the proposed action does not seek to create any new improvements or increase the existing density or reliance on any public service or utility, there should be no impact to the existing emergency access. One of the main reasons the applicant has chosen to move forward with this request is to avoid address confusion resulting from the current"A" and"B" address designations of the existing CPR lots. If the proposed change of zone and subsequent subdivision are approved, each house will be issued their own TMK number and address which the applicant believes will help clarify the location of each dwelling, making them easier to find in cases of emergency. With regard to the flood concerns raised by the testifier, while these concerns may be valid the proposed change of zone and subsequent subdivision do not propose any improvements Planning Dept. Exhibit 10 LAND �";� � 194 Wiwoole St.Hilo, HI 96720 PLANNING y 9��,'�I p� (808}333-3393 d t info@landplanninghawaii.com landplanninghawaii.com HAWAII LLC and will have no effect on the current flood plains. Thus, the applicant should not be held responsible for the flood issues referenced by the testifier. The proposed action will have no effect on the flood concerns raised by the testifier regardless of whether the application is approved or denied. The testifier also mentions that the applicant has hosted a bed and breakfast on the property. This is not true. However, the applicant who resides with his wife in one of the houses on the property, does offer the hosted short-term rental of one of the permitted bedrooms in his dwelling. Hosted short-term rentals are not regulated by the County and the applicant does pay all applicable General Excise and Transient Accommodations Taxes on income from these rentals. Thus,this is a permissible use of the property. Finally, it appears that the testifier,Mr. Victor Jensen, is the owner of TMKs(3) 6-5-007: 036 & 076. It is noted that Parcel 076 was created via a subdivision action following Ordinance No. 85-3 which changed the zoning classification of the property from A-la to RS-20. This and other such subdivisions are noted in the background and environmental report submitted with the subject application to establish proof that this request is in keeping with the surrounding area and to demonstrate precedent for approval of such actions. We trust that this letter sufficiently addresses the concerns raised by the subject testimony. If not, or if there are questions relating to this matter, please feel free to direct them to me. Thank you very much. Sincerely, JOHN P11PAN Project Administrator Land Planning Hawaii LLC Enclosure Copy—Dale Trefz LAND"* 194 Wiwoole St. Hilo, H1 96720 (808)333-3393 PLANNING info@landplanninghawaii.com HAWAII LLC February 23, 2022 Mr. Jeffrey Darrow, Deputy Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Darrow: Subject: Attn: Christian Kay Response to Department of Health Comments Change of Zone Application (PL--REZ-2021-000013) Applicant: Dale Herbert Trefz Waimea Homesteads, South Kohala,Hawaii TMK: (3) 6-5-007: 045-0001 &0002 Our office submitted the subject Change of Zone application on behalf of the landowners to rezone the subject property from A-la to RS-15 in order to subdivide the property into two (2)lots free from CPR restrictions, I would like to address comments received from the Department of Health pertaining to the Individual Wastewater System (IWS)on proposed Lot B-1. In a letter dated January 10, 2022, the Department of Health stated that"existing information indicates that the existing IWS(s)may not meet the provisions of Hawaii Administrative Rule Chapter 11-62 regarding the setbacks from the (proposed new)property line." According to Hawaii Administrative Rules, Chapter 11-62, Appendix D, Table 11, the minimum horizontal distance from the property line to the IWS tank and absorption bed must be 5 feet. The location of the subject IWS system does meet these setback requirements as the IWS tank and]each field are greater than 5 ft from the proposed property line. The attached rezone exhibit indicates the location of the septic manholes and septic clean outs (Figure 1). The location of these items is consistent with the approved as- built drawing of the IWS system (Figure 2). An overlay of the as-built septic plans and the rezone exhibit map (Figure 3)indicates that the absorption bed is approximately 7 feet from the property line and the IWS tank is approximately 8 feet from the property line. I trust that this addresses the concern raised by the Department of Health. If there are any questions related to this matter, please direct them to me. Thank you very much. Sincerely, JOHN PIPAN Land Planning Hawaii LLC Planning Dept. Exhibit ail 11 W A Y REZONING EXHIBIT -1c TO RS-15 ZONING ,=Z= PROPOSED A MAP SHOWING LOT 8 Being Portions of Grant 12,788 to R.T. and O.G. Williams Grant 11,556 to A. Waterhouse and Grant 11,565 to C. Littlejohn At Walmea, South Kohoic Island and County of Hawaii, State of Hcwoii FIGURE I ---------------------- Department of Health -Wastewater Branch Individual Wastewater System (IWS) - Construction Inspection Report Inspector's Name: Peter J.K. Dahlberg, PE Date of Inspection: August 2020 TMK: (3)-6-5-007!045:0001 IWS File No. 64577 Project Name: -ROY/LEUNG Address: 65-1310 LihipTli-Rd Subdivision: Kamuela Heights A Area: South Kohala IWS Contractor-, Shawn A. Barros License No, C- 34698 Telephone#: -(808) 430-2323 License Type A C-9 C-37 C-37a C-43 Technical fnformation�. Grease Interceptor(if applicable): Make/ Model, NA Size: NA ISeptic TaLnk]/Aerobic Unit(circle one): Make I Model:INFILTRATOR IMI 530 Size: 1500 GAL For Aerobic Unit a copy of executed service contract must be included Disposal System: (Check One) �t,/(, ,jl Trenches I Bed (circle one): #of Trenches6Bed- Length: Width: Gravel & Lining verified: No (circle one) Soil Replacement: Yes Ed(circle one) NA Seepage Pit: Diameter: NA Depth: NA Pit Lining Type: NA If not lined,attach justification House Construction: Complete Partial / Staked (circle one) Setback Distance (shortest) be"Ween t and the Followings are measured in feet and recorded on as-built. At least three (3) distinct points referenced. Buildings: 4-o Stream. Property Line: Ocean at vegetation line: 1AA Wells: flf Applicable) ITEM VERIFIED-. YES I NO I NA Manhole / Inspection Ports to Grade YES Three (3) Feet of Suitable Soil Below Trench /Bed . . . . . . . . . . . . NA Soil Profile Observation at a Minimum Depth of Five (5) Feet YES If you answer no to the question above,please attach a site evaluation/percolation test form showing the soil profile observation at a minimum depth of five(5)feet. FIGURE 2 Abandoning Existing Cesspool: (Check One) NA r-or Large Capacity Cesspool (Less than 1000 gpd) (please submit"LCC Backfilling Completion Report" Form) For Regular Cesspool, Filled, Abandoned, or Render it Safe: YES For Conversion to a Seepage Pumped & Cleaned: NA List of Changes Made to Approved IWS Plans: v" 3 4 2, �l 4. zu 5 k_k As the engineer performing the above final IWS inspection, check one of the following statement: The IWS has been installed in strict accordance with the plans that were submitted and approved of by the Department of Health. Noted deficiencies and/or changes to the approved plans have been addressed by the homeowner, contractor, and myself and the final as-built IWS is acceptable to me. The final construction of the IWS cannot be completed for the following reasons: The construction of the JWS is not in accordance with the approved plans and I do not accept the changes made to.the plans designed by me. 0� Signature,Stamp Date Enclosures: As Built Plans, Stamped and Signed by Engineer, Photographs of Treatment Unit, Disposal System, Overview of IWS 2008 IWS Construction Inspection Report.doe EC1 as of 10/09/2008 0 40'± 'all 5 0 t ME INFILTRATOR W530 1500 GAL. AlAl 28' SEPTICTANKAND (E)4 BDR 20 INFILTRATOR H20 CHAMBERS SFD (1988/2006) W11 0 END CAPS "B" PL (E)5 BDR SFD (1964) (TYP) W' 0, ip EXISTING CESSPOOL (TO REMAIN FOR UNIT"B") UNIT"B" U NIT"A" 09V t_ 62S VIA AS EBUILT DRAWNG 'Y4 NORTH SCALE: 1V"=40' NOTE: PROPERTY LINE AND BUILDING LOCATIONS SHOWN HAVE BEEN PROVIDED BY MOST ACCURATE INFORMATION AVAILABLE WHICH WAS NOT VERIFIED BY LAND SURVEY. PETER J.K. DAHLBERG.P.E. AS-BUILT DRAWING PDAHLBERG,,QHAWAII.RR,COM ROYILEUNG (808)895-6173 6 - 6 - 007 : 046 : 0001 DEPART'NIENT OF UE A1,111.-WASITINNATER BRANCII. INI)IVIDUAI,WASITWATER.-SYSIT"NI OWS) CONTRACTOR CERTIFICAVON VIOWNT -ig Shaibal Roy 34 Yin Leui Tax Map Key(TMK)Numbe.r: 3 6 5 - 007 Q45 Addross if aj�j?licablc-_ 65-.1310 Lihipali Road Karnuela, FII 96743 11-62-08(jo, All be.construcled or modified bya person rmetingt1w requirmi.ents- of c I barAcr 444.1-IRS, and any pertinent rules a4opt�d by the Nparhiiejij of Colnmerce.ap.d ConslAme-r Af fairs, StaW oftlm.vah. -Shaibal Roy& Yin Leung ihe p�vixr of the,subj*cct have read-itic above and understand that Inlist be coristrwted or Q..xpandrA by a licemed contractor medingithtabovo requirement-s. Dt a, 111"cense ty.pe� (Circle one anly- No t .hers) Ax, C 9, C.-37, C-37 CA3 The follmijig person-has constructed or t�xpandc-d.my-W,aswwatcr System, Name of Contmetor[Compwiy(print)- Shawn A. Barros Contract0t'� Is-itgnature: Datc: License..Numher, C-.34698 Shaibal Roy& Yin Leung 30 July 2020 AWAI ............. illillillilljllllllllIIIIIIIIIIIIIIIIIIIIIIillillillillillillI "I'll',',,................ ............................. "M Zl yomoI4 jo 94olS ly—op jo 1(junoo pua puolsi ojDt1Q>f u1naS lopaqom �v -V 01 PUD as"Qw.,iom 9z ag "Jo 10 $;uqlljcd 5ul 9 107 9 1 449d --PI-V 0360dOdd INUZJ& /-Zp 7-- Al� AN RTrefzREZ,crk_3.7.2022 COUNTY OF HAWAIJ PLANNING DEPARTMENT RECOMMENDATION DALE HERBERT TREFZ CHANGE OF ZONE APPLICATION (PL-REZ-2021,-000013) Upon careful review of the request against the guidelines for granting a change of zone, the Deputy Planning Director is recommending that a favorable recommendation of the Change of Zone request be forwarded to the County Council. Since this recommendati on is made without the benefit of public testimony, the Deputy Planning Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant is requesting a Change of Zone from an Agricultural-I acre (A-I a) zoning district to a Single-Family Residential-15,000 square feet(RS-15) zoning district for 33,738 square feet of land. The property currently has two(2) condominium property regime (CPR)units: CPR 000 1 (proposed Lot 13-1) and CPR 0002 (proposed Lot B-2), with one(1) single-family residence on each unit. The purpose of this request is to subdivide the property into two(2) lots of roughly 18,237 square feet and 15,501 square feet, consistent with the land area of each existing CPR unit,but free from CPR restrictions. According to the applicant, a subdivision application would be filed immediately after approval of the rezone request. The applicant anticipates having the property subdivided by the end of 2022 and estimates that the cost of the project to be minimal as access and utilities to the property have been long established for two(2) dwellings on the property. In order to consider an area for any type of zoning designation, the applicable goals,policies, and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The change of zone request from an Agricultural-I acre (A-1a)zoning district to a Single-Family Residential-15,000 square feet(RS-15) zoning district conforms to applicable goals,policies, and standards of the General Plan. The subject, 33,738 square foot property is trapezoidal in shape, and slopes slightly from east to west. The subject property is currently improved with two (2) dwellings, one (1) on each CPR unit. CPR 000 1 is 18,2317 square feet in size and is improved with a 2,901 square foot dwelling that was built in 1963. CPR 0002 is 15,501 square feet in size and is improved with a 2,479 square foot dwelling permitted as an 'Ohana Dwelling in 1988 and constructed in 1988. Each dwelting and related improvement is served by its own driveway from Lihipah Road. The parcels immediately to the east, south and west of the subject property are similarly zoned Agricultural I-Acre (A-1a) and are similarly of non-conforming sizes and primarily in residential use. Properties to the north are zoned Agricultural (A-400a) and used for cattle grazing. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed RS-15 zoning conforms to the LUPAG Map that designates the subject property as Low Density Urban (Idu),which allows for residential uses,with ancillary community and public uses as well as neighborhood and convenience-type commercial uses. The overall residential density may be up to six (6) units per acre. Additionatly, there have been similar rezone requests approved in the vicinity of the subject property. Based on the preceding,proposed RS-1 5 zoning would effectuate an increase in density that would be consistent with the Idu LUPAG designation and the land use pattern of the surrounding area. In addition, the proposed RS-15 zoning is consistent with the fottowing Land Use goals,policies, and standards of the General Plan: Des ignate and allocate land uses in apl)ropriate proportions and mix and in keeping ivilh the social, cultural, andph�j�sical envirownents qfthe Counly. -2- • Allocate appropriate reques led Zoning in accordance ivith the e:yisting or PrOjeCled needs of neighborhood, cointninfily, region and Covnt�'. • Z011illg reqnests shall be reviewed with respect to General Plan designation, district goals regiona/p/ans, State Land Use District, cony)alibiliti with ac#acent Zoned uses, availahili�y of'public services and ittililies, access, andpublic need. • Designate and allocatesingle-foinily residential Zoned land5 at vcn-ving dens ities forfittilre use in accordance with the needs qf the con,77771111ities and the stated goals,policies, and standards. The subject property is located in the South Kohala Community Development Plan (SKCDP) area and is situated within an already developed area as shown on the Waimea Town Conceptual Plan map. To protect important agricultural lands or culturally,visually, and environmentally important open space or resources in Waimea, the SKCDP recommends that Agricultural Zoning between A-5a and A-40a be retained. As the subject property is currently zoned A-I a, designated IdLi by the General Plan LUPAG map, and not situated within any culturally,visually, and environmentally important open space areas,these recommendations do not apply. All essential utifities and services are available to the site. The subject property is currently accessed via Lihipali Street, a County-owned and maintained roadway with 16-to 20-foot-wide pavement within a 40-foot right-of-way (ROW). In the vicinity of the subject parcel, there are five(5) large drainage facilities/drywells maintained by the County on the manka side of the road. Each CPR unit is served with its own,paved driveway. According to the Department of Public Works-Engineering Division (DPW), all driveway connections must conforni with Chapter21-1, County Streets of the Hawai'i County Code, and access to Lihipali Road, including the provision of adequate sight distance must meet with the approval of DPW. The preceding will be added as conditions of approval. Finally, as the ROW that includes Lihipali Road is currently only 40 feet wide and the Subdivision Code's minimum ROW standard is 50 feet, a condition of approval will be added requiring the applicant to include a five(5)-foot-wide future road widening setback along the property's Lihipali Road frontage on any subdivision maps and to dedicate that land to the County upon the request of the Department of Public Works. -3- The applicant intends to continue the residential use of the property with the two existing dwellings, and therefore there is no expected increase in traffic to the property and can be anticipated to create traffic trips equivalent to two single-family dwellings. Based on the preceding,no Traffic hupact Analysis Report(TIAR)requirement was tri ggered. According to the Department of Water Supply (DWS),water for the proposed project is available from two(2) existing DWS water meters. DWS requires that the applicant designate, in writing, which lot or lots within the proposed subdivision will be assigned the existing service,prior to final subdivision approval. DWS also stated that final subdivision approval will be subject to compliance with the requirements to construct necessary water system improvements. The preceding will be added as a condition of approval. As there is no municipal sewer system in the area, the two(2) existing dwellings are currently serviced by individual wastewater systems (M'Ss)pen-nitted by the state Department of Health (DOH)with the dwelling on CPR Unit 0001 serviced by a septic system and the dwelling on CPR Unit 0002 served by a permitted cesspool. According to the DOH Wastewater Division,the location of the existing JWS(s)may not meet the provisions of Hawaii Administrative Rule Chapter 11-62 regarding the setbacks from the (proposed new)property line based on the current subdivision layout. In response, the applicant provided more specific evidence that the proposed subdivision would meet the minimum required five (5) foot setback from the proposed property line to the fWS tank and absorption bed. As a reviewing agency,DOH will have an opportunity to vet this evidence more thoroughly during subdivision review and require additional improvements if necessary. Based on the preceding, a condition of approval will require that all MISs will rneet with the approval of DOH. Finally, as the requested rezoning will facilitate the creation of two (2) lots that will each contain a dwelling, no fair share condition was added triggered as that requirement normally applies to new dwelling units developed. There are no severe geological or topographical problems for the property that cannot be properly rectiried, or which would. render the land unusable.The majority of the subject parcel is in an area designated as Zone "X" (an area of minimal -4- flood hazard) on the Flood Insurance Rate Map (FIRM)by the Federal Emergency Management Agency (FEMA), A small portion of the northwest comer of the parcel is located in the Zone "XS" (an area of moderate flood hazard,usually the area between the limits of the 100-year and 500-year floods). As the applicants are not proposing any further development of the property, no impacts to drainage are anticipated. A public testifier submitted comments related to his personal observation of past flooding, including severe flooding events that have caused damage to surrounding properties. As previously stated,the applicant does not anticipate any new construction as part of this request,however, standard conditions of approval will be added to require that all development generated runoff will be disposed of on site and not directed toward any adjacent properties and all earthwork activity, including grading, grubbing, and stockpiling, and the project will conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. Thus, the proposed change of zone meets this criterion. The request is not contrary to Chapter 205A,Hawai'i Revised Statutes, relating to Coastal Zone Management Area. The subject property is located approximately ten (10)mites from the nearest shoreline, is not situated within the Special Management Area and will not be impacted by coastal hazards and beach erosion. There are no identified recreational resources or public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems,marine resources, historic resources in the area. Thus,the proposed request and use of the property will not adversely impact those resources. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights.In view of the Hawai'i State Supreme Court's"PASIT' and"Ka Paakai 0 KaAina"decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in ternis of the cultural, historical, and natural resources and the associated traditional and customary practices of the site. As the subject property has been developed with a residential use since .1963, no professional archaeological and/or cultural studies were conducted of the property. No archeological or historical features are known to exist on the subject property and the applicant is not seeking to further develop the property (besides minor improvements and -5- maintenance of the existing structures and dwellings). The subject site is not adjacent and/or proximate to the shoreline, thus the gathering of marine life and coastal access is not practiced, and the applicant has not observed any Native Hawaiians gathering plants on the subject property or the surrounding properties. Finally, due to the long-standmg residential use of the subject property and suburban character of the surrounding neighborhood,no floral of faunal studies were conducted. The applicant indicated that floral and faunal resources on the property are limited to introduced, ornamental plants and introduced bird and small animal species. There are no known listed or endangered species situated on or in the vicinity of the subject property. Lastly, this recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the proposed use, prior to its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permit, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act(ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the preceding findings, the request to rezone the property from an Agricultural-I acre (A-1a)zoning district to a Single-Family Residential-15,000 square feet (RS-15)zoning district would result in an appropriate land use pattern that would ffirther benefit the general public. The accompanying draft bill to amend Section 25-8-7(North and South Kohala District Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai'i County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -6- COUNTY OF HAWAPI STATE OF HAWAPI -A OF BILL NO. ORDINANCE NO. (Planning Dept.) AN ORDINANCE AMENDING SECTION 25-8-7(NORTH AND SOUTH KOHALA DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE)OF THE HAWAIJ COUNTY CODE 198-31 (2016 EDITION, AS AMENDED),BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—ONE ACRE(A-la) TO SINGLE-FAM]ILY RESIDENTIAL— 15,000 SQUARE FEET(RS-15)AT WAL�IEA, SOUTH KOHALA, HAWAFI, COVERED BY TAX MAP KEY: 6-5-007:045-0001, AND 0002. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAPL SECTION 1. Section 25-8-7, Article 8, Chapter 25 (Zoning Code) of the Hawai'i County Code 1983 (2016 Edition, as amended)is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waimea, South Kohala, Hawai'i, shall be Single-Family Residential — 15,000 square feet(RS-15): Beginning at a 1/2 inch pipe(found) at the Northeasterly corner of this parcel of land, being also the Northwesterly corner of Lot B and being a point on the Southerly side of Lihipali Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station"WEST BASE"being 6 10.23 feet North and 4,116.75 feet West and running by azimuths measured clockwise from True South: I. 3390 32' 45" 240.69 feet along Lot B and along the remainder of Grant 12,788 to R.T. and G.G. Williams to a point; 2. 900 22' 30" 171.35 feet along Lot H and along the remainders of Grant 11,565 to C. Littlejohn and Grant 11,556 to A. Waterhouse to a point; 3. 1570 59' 17 5.3 3 feet along Lot A and along the remainders of Grant 11,556 to A. Waterhouse and Grant 12,788 to R.T. and G.G. Williams to a rebar (found); 4. 2470 59' 165.00 feet along the Southerly side of Lihipali Road to the point of beginning and containing an area of 3 33,738 square feet. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44,Hawai'i County Code 1983 (2016 Edition, as amended), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. INSERT CONDITIONS SECTION 3. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable, -2- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAPI Hawai'i Date of Introduction: Date of I st Reading: Date of 2nd Reading: Effective Date: -3- CTrefzREZ.crk.3.7.2022 DALE HERBERT TREFZ CHANGE OF ZONE APPLICATION (PL-REZ-2021-000013) CONDITIONS OF APPROVAL A. The applicant, its successors or assigns (Applicant) shall comply with all of the stated conditions of approval. B. Prior to issuance of Final Subdivision Approval, the Applicant shall designate, in writing, which lot within the proposed subdivision will be assigned each of the existing service meters and construct necessary water improvements to the Department of Water Supply's affected water system facilities, should they be necessary. C. Final Subdivision Approval shall be secured within five (5)years from the effective date of this ordinance. D. All development generated runoff shalt be disposed of on site and not be directed toward any adjacent properties. E. All earthwork activities including grading, grubbing, and stockpiling shall conform to Chapter 10, Erosion and Sedimentation Control of the Hawai'i County Code. F. All driveway connections to Lihipali Road shall confonn to Chapter 22, County Streets, of the Hawai'i County Code. G. Access to Lihipali Road, including the provision of adequate sight distances, shall meet with the approval of the Department of Public Works. H. A five (5) foot wide future road widening setback along the property's Lihipali Road frontage shall be delineated on plat maps submitted for the subdivision of the subject property. Upon the request of the Department of Public Works,the Applicant shall subdivide the land encumbered by the future road widening setback and dedicate it to the County of Hawai'i at no cost. 1. The method of sewage disposal shall meet with the requirements of the State Department of Health. J. In the event that surface or subsurface historic resources, including human skeletal remains, structural remains (e.g., rock walls, terraces,platforms, etc.), cultural deposits, marine shell concentrations, sand deposits, or sink holes are identified during the demolition and/or construction work, the Applicant shall 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- 765 1. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. K. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. L. The Applicant shall comply with all applicable County, State and Federal codes, laws, rules, regulations, and requirements for the proposed development, including the Fire Department, Department of Public Works,Department of Water Supply and Department of Health. M. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: I. The non-perforniance is the result of conditions that could not have been foreseen or are beyond the control of the Applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for tip to one additional year). 5. If the Applicant should require -,in additional extension of time, the Planning Director shall submit the Applicant's request to the County Council for appropriate action. -2- N. 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