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HomeMy WebLinkAboutCOM 0686.000 2002-2004Harry Kim Mayor COUNTY OF HAWAII 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-8211 • Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808)329-5226 • Fax(808)326-5663 June 28, 2004 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Application (REZ 04-007) Applicant: Gerald Yamada Request: A -3a to RS -10 Tax Map Key: 2-4-38:8 Change of Zone (REZ 740) Applicant: Hilo Storage Partners, LLC Request: Amendment to Change of Zone Ordinance No. 93-62, Condition F (Delete Curbs, Gutter, Sidewalk Requirement Along Ocean View) Tax Map Key: 2-1-7:9 Dixie Kaetsu Managing Director Peter L. Hendricks Deputy Managing Director As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above -referenced requests. Sincerely, ( /Harry Kim J Mayor L060404may Enclosures cc: Planning Department 8,1/ )-9Lt Hawaii County is an Equal Opportunity Employer and Provider CclAm. Ref. To: Ref. Date �. 4 Harry Kim Mayo, June 28, 2004 County of Hawaii PLANNING COMMISSION 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043 (808)961-8288 • Fax(808)961-8742 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Application (REZ 04-007) Applicant: Gerald Yamada Request: A -3a to RS -10 Tax Map Key: 2-4-38:8 The Planning Commission, after a duly held public hearing on June 4, 2004, voted to recommend for your approval the proposed legislative bill to change the district classification from an Agricultural 3 -acre (A -3a) to a Single Family Residential — 10,000 square foot (RS -10) zoned district for 4.335 acres of land. The property is located along the south side of Haihai Street, across from Hanohano Street, Waiakea Homesteads 2"d Series, South Hilo, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The applicant is requesting a change of zone from an Agricultural - 3 acre (A -3a) to the Single -Family Residential -10,000 square foot (RS -10) district to subdivide the property into nine lots. Six of the proposed lots will have access from Haihai Street over a private road with a minimum 16 -foot wide pavement within a 32 -foot wide right-of- way. The remaining three lots will have access from Paulele Street over a private road with a pavement width of 14-16 feet within a proposed 25 -foot right-of-way. Also proposed is a 15 -foot wide landscape buffer along Haihai Street. The roads, buffer and floodway areas would be a lot owned and maintained by the nine homeowners. The estimated cost of the project is $500,000.00. Covenants will be incorporated into the deeds of the lots to prohibit the construction of an ohana or second dwelling. The lots are proposed to be on the market by early 2005. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 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 - 3 acre (A -3a) to a Single - Family Residential - 10,000 square foot (RS -10) district conforms to the goals, policies and standards of the General Plan Economic and Land Use Elements. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land Use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The requested change of zone conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map. 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 property is designated Low Density Urban, which reflects uses single-family residential in character. The applicant's proposal to subdivide the property into nine lots is consistent with the Low Density Urban designation. The Land Study Bureau's Soil Rating and the ALISH Map identify the area as Urban. This designation reflects the existing low-density residential development in this area of Waiakea Uka. Surrounding lands are zoned Agricultural 3 -acre (A -3a), Agricultural 1 -acre (A -la), Residential and Agricultural 2 - acre (RA -2a) and Single -Family Residential - 10,000 square feet (RS -10) and predominantly in single-family residential uses. The State Land Use designation for the subject property is Urban. The proposed change of zone would complement the existing land uses in this area and will provide for an orderly development of the area. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 The subject property is a vacant, rectangular parcel approximately 4.335 acres in size. The property is located on the south side of Haihai Street, near its intersection with Hanohano Street. The parcel has been used in the past for grazing cattle. The property is relatively level, with slopes of approximately eight percent. The area is predominantly single-family residential in character. Properties to the north are zoned Agricultural - 1 acre (A-1 a), and properties to the south are zoned Single -Family Residential - 10,000 square feet (RS -10). Parcels to the immediate east of the site are zoned Residential and Agricultural - 2 acre (RA -2a). Lands to the west are zoned Agricultural - 3 acre (A -3a). Although ohana dwellings are permitted in the County's Residential zoned district, a condition will be included to incorporate restrictive covenants in the deed of all lots to prohibit ohana dwellings on the lots. Six of the proposed lots will have access from Haihai Street over a private road with a minimum 16 -foot wide pavement within a 32 -foot wide right-of-way. The remaining three lots will have access from Paulele Street over a private road with a pavement width of 14-16 feet within a proposed 25 -foot right-of-way. Haihai Street is a secondary arterial with a right-of-way of 60 feet. The Department of Public Works recommends the following: full improvements to the entire frontage along Haihai Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation. the center line of the private street off Haihai Street serving the proposed subdivision shall align with Hanohano Street and provide adequate sight distance. Individual lot access to Haihai Street should be prohibited. The private streets shall provide access to no more than six lots and shall terminate with a suitable turnaround. The Planning Director recommends that curbs, gutters and sidewalks along Haihai Street not be included in the conditions of approval. Paulele Street is a 50 -foot wide County right-of-way. The Department of Public Works states: Paulele Street should terminate with a suitable turnaround in accordance with Section 23-48(b) of the Hawaii County Code. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 All utilities and services are available to the site. According to the applicant, there is a waterline fronting the site along Haihai Street. The line will be extended to service the proposed lots. The applicant proposes to use a septic system, meeting with the approval of the State Department of Health. Solid waste will be handled by commercial haulers. Electricity and telephone services are available to the site. The nearest fire station is located on Kawailani Street approximately two miles from the site. The police station is located in downtown Hilo, approximately four miles from the property. Public schools are located less than three miles from the site. The property has no severe geological or topographical problems which cannot be rectified or which would render the land unusable. The project site is located within Zone "X", area determined to be outside the 500 -year floodplain, and "AE", special flood hazard areas inundated by the 100 -year flood. Any construction within the flood area must conform to the requirements of Chapter 27, Flood Control of the Hawaii County Code. The "AE" area is identified as a road and common area lot on the site plan. All development generated storm run-off shall be disposed of on-site and not allowed onto adjacent properties or roadways. By memo dated April 16, 2004, submitted by the applicant, the Department of Land and Natural Resources Historic Preservation Division has indicated that "we believe no historic properties are present because intensive cultivation has altered the land. Thus, no historic properties will be affected by this undertaking." No professional surveys were conducted of the site. The applicant has stated that should any archaeological features or sites be discovered during the development of this project, work will immediately cease and the applicant will notify the Planning Department. No professional flora or fauna surveys were conducted of the site. The applicant does not believe that rare or endangered floral or faunal resources are on the site. The property is located in an urban setting adjacent to developed residential uses. The site was cleared in the past and is currently being grubbed. The property was also used for cattle grazing in the past. Introduced species include the gunpowder tree, abandoned sugar cane stalks and the California grass. There are no cultivated plants or trees on the site. The site or general area is not known to be a habitat for any rare or endangered animal life. Given the disturbed and urban nature of the surrounding area, the presence of any endangered animal life is remote. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 The subject request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not located in the Special Management Area. The project site is located more than four miles from the shoreline and will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access to the shoreline or mountain areas that traverses the property. According to the applicant, no valued cultural, historical or natural resources exist on the properties and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Therefore, no action is necessary to protect these rights. In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka'Aina " decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: Investigation of valued resources: No formal archaeological reconnaissance survey, oral history of kamaaina accounts of the area, historical survey of documentary records, botanical and/or fauna study was submitted. The valuable cultural, historical, and natural resources found in the rezoning area: The site was formerly used for cattle grazing. By memo dated April 16, 2004 submitted by the applicant, the Department of Land and Natural Resources Historic Preservation Division has indicated that "we believe no historic properties are present because intensive cultivation has altered the land. Thus, no historic properties will be affected by this undertaking." The applicant has stated that work will cease and the Planning Department will be notified if any unanticipated archaeological features or sites are discovered during the course of improving the site. Possible adverse effect or impairment of valued resources: Native plants could be destroyed by construction and ground alteration. The subject property does not abut the shoreline, therefore Hawaiian gathering and fishing rights is not an issue. Feasible actions to protect native Hawaiian rights: Conditions of approval will be included to require the applicant to notify the Department of Land and Natural Resources - Historic Preservation Division (DLNR-HPD) should any unidentified sites or remains be encountered, and proceed only upon an archaeological clearance from the DLNR- HPD. The applicant has stated that there is no evidence of any traditional and customary Native Hawaiians rights being practiced on the site, nor existence of any known valued Honorable James Y. Arakaki, Chairman and Members of the County Council Page 6 cultural, historical or native resources in the area. Thus, it is believed that the project would have no adverse impact relative to the cultural and historical resources of the area. To the extent to which traditional and customary Native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights and no action is necessary to protect these rights. Based on the above findings, approval of this change of zone request from an Agricultural - 3 acre (A -3a) to a Single -Family Residential 10,000 - square foot (RS -10) district would result in an appropriate land use pattern that will further benefit the general public. For your favorable consideration, an amendment to Section 25-8-33 (City of Hilo Zone Map) of the County Zoning Code is transmitted. We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. tones, Chairman Commission Lyamada02PC Enclosures cc: Mr. Sidney Fuke Mr. Gerald Yamada Department of Public Works Department of Water Supply Department of Land & Natural Resources-HPD/Kona Rodney Haraga, Director/DOT-Highways, Honolulu Hawaii County is an Equal Opportunity Employer and Provider BY=adaREZ.dm-5/4/04 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT GERALD YAMADA CHANGE OF ZONE APPLICATION (REZ 04-007) GERALD YAMADA has submitted an application for a Change of Zone from an Agricultural 3 -acre (A -3a) to Single -Family Residential - 10,000 square foot (RS -10) district for approximately 4.335 acres of land. The property is located along the south side of Haihai Street, across from Hanohano Street, Waiakea Homesteads 2"d Series, South Hilo, Hawaii, TMK: 2-4- 38: 8. REQUEST 1. Proposed Development: The applicant is requesting a change of zone from Agricultural 3 -acre (A -3a) to Single -Family Residential - 10,000 square feet (RS -10) to subdivide the property into nine (9) lots. Six of the proposed lots will have access from Haihai Street over a private road with a minimum 16 -foot wide pavement within a 32 -foot wide right- of-way. The remaining three lots will have access from Paulele Street over a private road with a pavement width of 14-16 feet within a proposed 25 -foot right-of-way. Also proposed is a 15 -foot wide landscape buffer along Haihai Street. The roads, buffer and floodway areas would be a lot owned and maintained by the nine homeowners. The estimated cost of the project is $500,000.00. Covenants will be incorporated into the deeds of the lots to prohibit the construction of an ohana or second dwelling. The lots are proposed to be on the market by early 2005. Gerald and Wendy Yamada are the landowners of the property. (See Exhibit A - Change of Zone application) STATE AND COUNTY PLANS 2. State Land Use Designation: Urban. 3. General Plan LUPAG Map: Low Density Urban. 4. County Zoning: Agricultural 3 -acre (A -3a). 5. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawaii lies within the Coastal Zone Management area. The intent of the Coastal Zone Management C_(Og1, C6;il a9q)PC Program is to guide and regulate public and private uses in the coastal zone management area with respect to recreational resources, historic resources, public access to the shoreline, scenic and open space resources, coastal ecosystems, marine resources, economic uses, coastal hazards, managing development, public participation, and beach protection. 6. Special Management Area: The SMA is a part of the Coastal Zone Management Program regulated by the County. The project site is located more than four miles from the shoreline and is not in the SMA. DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA 7. Subject Property: The subject property is a vacant, rectangular parcel approximately 4.335 acres in size. The property is located on the south side of Haihai Street, near its intersection with Hanohano Street. The parcel has been used in the past for grazing cattle. The property is relatively level, with slopes of approximately eight percent. 8. Surrounding Zoning and Land Uses: The area is predominantly single family residential in character. Properties to the north are zoned Agricultural 1 -acre (A -la), and properties to the south are zoned Single -Family Residential - 10,000 square feet (RS -10). Parcels to the immediate east of the site are zoned Residential and Agricultural 2 -acre (RA -2a). Lands to the west are zoned Agricultural 3 -acre (A -3a). 9. U.S.D.A. Soil Type: OID, Olaa extremely stony silty clay loam, 0 to 20 percent slopes. The Olaa series consist of well -drained extremely stony silty clay loams which formed in volcanic ash. Permeability is rapid, runoff is slow, and the erosion hazard is slight. 10. ALISH: Existing Urban Development. 11. Land Study Bureau's Productivity Rating: Urban. 12. Noise Impacts: Existing ambient noise includes traffic from Haihai Street. Short-term noise impacts associated with the project are temporary, and all applicable rules governing construction noise abatement will be observed. 13. Air Quality: The proposed project should not directly impact air quality in the area. Fugitive dust during construction can be mitigated by compliance with the Department of Health's regulations. The only impact to air quality would be associated with vehicular -2- traffic to and from the site. 14. FIRM: Zone "Y', an area outside of the 500 -year flood plain and "AE", special flood hazard areas inundated by the 100 -year flood. The "AE" area is identified as a road and common area lot on the site plan. 15. Coastal Hazards: The subject property is located over four miles from the shoreline, is not an oceanfront parcel, and will not affect, or be affected by shoreline processes. 16. Recreational Resources: The proposed development will not reduce the size of the coastline or other areas used for public recreational uses. 17. Visual Resources: The proposed project will not affect the visual resources in the area. 18. Flora/Fauna: No professional surveys were conducted of the site. The applicant does not believe that rare or endangered floral or faunal resources are on the site. The property is located in an urban setting in an area dominated by single-family residential uses. The site has been cleared in the past and is currently being grubbed. The site has also been use in the past for cattle grazing. There are introduced species such as gunpowder tree, abandoned sugar cane stalks, and California grass. The site or general area is not known to be a habitat for any rare or endangered animals. 19. Archaeological/Historical Resources: By memo dated April 16, 2004 submitted by the applicant, the Department of Land and Natural Resources Historic Preservation Division has indicated that "we believe no historic properties are present because intensive cultivation has altered the land. Thus, no historic properties will be affected by this undertaking." No professional surveys were conducted of the site. The applicant has stated that should any archaeological features or sites be discovered during the development of this project, work will immediately cease and the applicant will notify the Planning Department. 20. Cultural or Native Gathering Rights: There is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of any known valued cultural, historical or native resources in the area. 21. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the property. -3- PUBLIC UTILITIES AND SERVICES 22. Access: Six of the proposed lots will have access from Haihai Street over a private road with a minimum 16 -foot wide pavement within a 32 -foot wide right-of-way. The remaining three lots will have access from Paulele Street over a private road with a pavement width of 14-16 feet within a proposed 25 -foot right-of-way. Haihai Street is a secondary arterial with a right-of-way of 60 feet. The Department of Public Works recommends the following: • full improvements to the entire frontage along Haihai Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation. • the center line of the private street off Haihai Street serving the proposed subdivision shall align with Hanohano Street and provide adequate sight distance. Individual lot access to Haihai Street should be prohibited. The private streets shall provide access to no more than six lots and shall terminate with a suitable turnaround. Paulele Street is a 50 -foot wide County right-of-way. The Department of Public Works states: • Paulele Street should terminate with a suitable turnaround in accordance with Section 23-48(b) of the Hawaii County Code. 23. Water: According to the applicant, there is a waterline fronting the site along Haihai Street. The line will be extended to service the proposed lots. 24. Wastewater: The applicant proposes to use septic systems meeting with the approval of the Department of Health. 25. Solid Waste: Solid waste will be handled by commercial haulers. 26. Essential Utilities and Services: Electricity and telephone services are available to the site. The nearest fire station is located on Kawailani Street approximately two miles from the site. The police station is located in downtown Hilo, approximately four miles from the property. Public schools are located less than three miles from the site. AGENCIES' AND ORGANIZATIONS' COMMENTS 27. Department of Public Works: (See Exhibit B - April 28, 2004 Memo) -4- 28. Department of Environmental Management: (See Exhibit C - April 5, 2004 Memo) 29. Fire Department: (See Exhibit D - April 12, 2004 Memo) 30. Office of Housing and Community Development: (See Exhibit E - April 14, 2004 Memo) 31. Department of Land and Natural Resources Historic Preservation Division: (See Exhibit F - April 16, 2004 Memo) AGENCIES - NO COMMENTS OR OBJECTIONS 32. Police Department, Department of Education AGENCIES - NO RESPONSE 33. Department of Water Supply, Department of Land and Natural Resources and Land Division, Department of Health APPLICANT'S RESPONSE TO AGENCIES 34. (See Exhibit G - Applicant's Response Letters dated April 23, 2004 and April 26, 2004) PUBLIC COMMENTS 35. The Planning Department has not received any written comments or objections from the general public or adjacent landowners on the subject request. -5- CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested inforMation) APPLICANT: Gerald Yamada APPLICANT'S SIGNATURE: DATE: 3/12/04 ADDRESS: 862 Hoolaulea Street Hilo, HI 96720 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: 966-4582 LANDOWNER(S): Gerald & LANDOWNER SIGNATURE(S): LANDOWNER(S) ADDRESS: (Fax 966 4244 DATE:March 15, 2004 REQUEST: A -3a To RS -10 (Existing zoning) (Proposed Zoning) TAX MAP KEY: 24-038:008 STREET ADDRESS OF PROPERTY: Haihai Street SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 4.335 acres AGENT: Sidney M. Fuke Planning Consultant ADDRESS: 100 Pauahi Street, Suite 212 Hilo, HI 96720 TELEPHONE: (Bus.) 969-1522 (Res.) (Fax) 969-7996 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Sidney Fuke COPIES: Gerald Yamada (See Instructions on Reverse Side) EXHIBIT A I ATTACHMENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE If your request is approved, -do you intend to subdivide the subject b. Sell land in accordance with the approved change of zone? Yes If yes, please answer the rest of question 1 and then to question 3. n/a a. How many acres of the requested area do you intend to subdivide? 4.335 b. Into what lot sizes? 15-20ksf C. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? 30days d. Do you intend to build houses on the newly created lots? yes If yes, please answer the following questions: On how many of those lots? 4 At what approximate price range? House 250k Lot 120k Total 370k Approximately how long, after approval of the subdivision, would the first house be available for occupancy? 2years If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. t/a If you have no firm plans of subdividing the subject area, do you intend to: a• Sell or lease the land to someone who has firm plans? n/a b. Sell or lease the land to someone who has tentative plans? n/a c• Sell or lease the land to someone who has no plans? n/a d. Keep it? n/a e. t, If you intend to do either a, b, c, please elaborate on the kind of plans the other party has. Please, also include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. n/a 3• Do you think that your request and your further plans for the land will alleviate the local housing situation? Yes How? It would provide a larger supply of housing. 4. Are there any buildings on the subject area? No If so, what kind? n/a What do you intend to do with those buildings if your request is approved? n/a 5. Is the subject land currently being used for any agricultural activity? No If so, please list the kinds of products grown and on how many square feet or acres of land per product. n/a 6. Was your request to allow for the creation of smaller agricultural lots? No If so, did your plan include the following considerations? n/a a. Commodity to be produced? n/a What kinds of commodity? b. Suitability of the proposed lot -size for that commodity? n/a c• Sufficient farm size to allow reasonable chance of success in commercial agriculture? tVa -2- d• Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? n/a Please state the proposed type of arrangement. n/a Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. n/a If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. n/a n/a 7. To your knowledge, has there been any flooding and/or drainage problem on the subject area? Yes If so, please describe the problem. flood area running thru middle. 6• Do you think that the roads leading to the subject area needs improvements? no If so, what kind? n/a Is the road adequate for the proposed traffic volume or load? Yes 9• What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? a. Schools b. Roads C . Sewer d. Drainage -3- Yes No No No No No Yes e. Police Protection f. Fire Protection g, Recreational Facilities h. Public Utilities I Other No For those checked "yes", please elaborate what type or kinds of improvements and/or assistance are needed. Signature: \--s'' Address: No No (808)966-4582 Date: 3-4-04 No No No For those checked "yes", please elaborate what type or kinds of improvements and/or assistance are needed. Signature: \--s'' Address: 862 Hoolaulea Street, Hilo, HI 96720 Telephone: (808)966-4582 Date: 3-4-04 -4- COUNTY ENVIRONMENTAL REPORT COUNTY REZONING REQUEST (A -3a to RS -10) GERALD YAMADA WAIAKEA HOMESTEADS, SOUTH HILO, HAWAII TAX MAP KEY: (3) 2-4-033: 008 I. INTRODUCTION The applicant, Gerald Yamada, is requesting to have a 4.335 -acre parcel rezoned from Agriculture (A -3a) to Single-family Residential (RS -10) in Waiakea Homesteads, South Hilo, Hawaz i. The property is located on the south side of Haihai Street, near its intersection with Hanohano Street. (See Figure 1) If approved, the applicant intends to subdivide the subject site into 9 single-family residential lots, with a minimum area of 10,000 square feet. Six (6) of the proposed lots would get its access from Haihai Street over a private road with a minimum 16 - foot wide pavement within a 32 -foot wide right-of-way. The remaining three lots would secure its access from Paulele Street over a private road with a pavement width of 14-16 feet within a proposed 25 foot wide right-of-way. II. PROJECT LOCATION The project area is located on the south side of Haihai Street, directly across of Hanohano Street in Waiakea Homesteads, South Hilo. The intersection of Haihai Street and Kupulau Street is approximately 1,200 feet to its west. (See Figure 2) There are a number of residential subdivisions in the vicinity of the subject site. III. PROJECT DESCRIPTION A. Project Concept and Components The applicant is proposing to develop a 9 -lot single-family residential subdivision. Because a floodway bisects the site, the applicant is proposing to have 6 of the lots serviced from Haihai Street over a private road with a minimum 16 -foot wide pavement within a 32 -foot wide right-of-way. The remaining 3 lots would be accessed from Paulele Street via a private road with a minimum 14 -foot pavement within a 25 -foot wide right-of-way. (See Figure 3) The applicant would construct these private roads. Also proposed is a 15 -foot wide landscaped buffer along Haihai Street. 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CeNIe -%B c5p-- DEPARTMENT 0E7HE TAX Corn,aliLOHE¢ „nA.ne. e1Jro-nr '� TAXATION MAPS BUREAU STATE 0r NAWAII "are. roe% ,, �6 J1rN /I9 o+ned b y TAX RA.A. P )f/li_.., I:.Bni/han,e j .p. .41h/eu: C.•T.t ur/m3s ofher^iae need. THIRD DMS,ON -T S/E�Cq� AAT 33 ^ SUBJECT TO CHANGE CONTAINING �•P4/AR:cEELS SCALE: t IN, -100 FT. ,'+ r -t -l- rc-,--i N I ; i:5ERALO AMD Ji5\Vj, YV-IAkOA K=Alkg HAI -All WkY44 I- Lot contig. a!Li cd vacs mt!3x1 bo Loe:c(t+ c? oru I Vq�llih'ss- oj k7p-. ,,?j A'.P— Pj J-rv" t.& cid V. ZC*V"?.cam'—!0 lhtAlCr .0 OJ 4. i A6Rt6UL7j,RAc- (A-30) to 511461LE FAMILY RESIDENTIAL (R5' -t0) L(!:>T- o-1 PORTION OF GRANT 11;622 To 61L -O=RT-. TA<Eo yAMAC--VCH1 P-�A),AKEA Hat -tiffs rEAp5, sEcoNo SERIES. KArAKFA, -l-OUFH'HlL'o, 15LANP CF HAJIIAll, HAKA.0 TAX MAP K:P-*r: 3^d DIV_ .2-4-055..00.23. IMA--iA .;-13 The applicant understands that the subdivision plan submitted herein may change prior to receipt of final subdivision approval to accommodate County subdivision requirements, appropriate conditions of zoning approval, and marketing demands. It should also be noted that the applicant intends to have covenants incorporated into the deeds of the respective lots to prohibit the construction of an "ohana" or 2°d dwelling. B. Project Timetable and Cost The applicant hopes to secure the necessary County rezoning approval as soon as possible and begin the subdivision and development process immediately thereafter. Tentatively, plans call for having the lots on the market by early 2005. The cost of the improvements is estimated at $500,000. IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The subject area is designated Urban. As such, to effectuate this project, no State Land Use Commission action is required. B. County General Plan The County General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the site Low Density Urban Development. This designation allows consideration for uses that are single-family residential in character, ancillary community and public uses and convenience type of commercial uses. It should also be noted that the Planning Director's proposed revision to the General Plan LUPAG map calls for the retention of this designation. Based on the requested Single-family Residential (RS -10) zoning, the project would be consistent with the current and proposed General Plan, and no amendments would be required. C. Hilo Community Development Plan The Community Development Plan (CDP) attempts to further define the General Plan and serves as a guide for decision -makers. It was adopted by the Planning Commission in 1975, over 25 years ago. Although reviewed by the County Council, the CDP was never adopted. The CDP's Land Use Concept map identifies a RS -10/15 designation for this area. This designation suggests residential uses at an average of nearly 4 units per acre. The requested zoning would be consistent with this document. D. County Zoning The proposed zoning of the subject property is Single-family Residential (RS - 10). Properties in the general area, particularly in the areas north and east of the subject site are characterized by single-family residential lots ranging between 7,500 square feet to 15,000 square feet. For the most part, those areas area zoned Singe -family Residential (RS -10 and RS -10). There is a non -conforming subdivision north of Haihai Street, however, that is zoned Agriculture (A -M), with lots ranging between 7,500 to 15,000 square feet. If approved, the site would be subdivided in a manner meeting with both the Zoning and Subdivision Codes. Further, all uses and standards consistent with the requested RS -10 zone would be adhered to. E. Special Management Area The site is not located within the County Special Management Area (SMA). As such, no SMA Use Permit would be required. However, as the entire island falls within the State Coastal Zone Management (CZM) Area, some discussion of the request's relationship to the CZM Program follows. The site is not adjacent to the ocean. It is more than four (4) miles from the shoreline. 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. As the site is in the process of being grubbed with an authorized grubbing permit, the site's archaeological implications were already reviewed and addressed. The State Historic Preservation Division, in its review of the grubbing permit, has determined that the site does not have significant historic resources. Nonetheless, should there be any inadvertent find during construction of the project, work will stop until clearances are received from the appropriate County and State agencies. The proposed action will involve the construction of improvements in an urban setting. The improvements would be residential in nature. As such, the potential visual impact to the area's scenic and open space resources should not be significant, if at all. Given the relatively flat terrain and location of this site, the views of the coastline or of Mauna Kea or Mauna would not be impeded. Relative to the Coastal Ecosystems, impacts should be negligible, if at all, as the site is located well over four (4) miles from the ocean. Notwithstanding the distance, the nature of the project — residential — and the construction of only 9 private wastewater systems are such that potential coastal ecosystem impacts would usually not be found. The proposed action will result in creating more residential lots in this area. This should thus provide short-term construction jobs. In the long run, by aiding the housing situation, the project could help provide the needed support for the expansion of the area's economy. In so doing, the project could aid the area and island's economy and 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 and be constructed within the scope of the Zoning Code. The subject site would be zoned RS -IS, and the requested use and design/parameters (parking, height, setback, etc.) 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 be sent by the applicant to surrounding property owners of the submittal of the application, 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 205-A-23, HRS and Planning Commission Rule No. 9 relating to Special Management Area. El H. Other Permitting Considerations Should these applications be approved, other permits would still be required. These would be of the "ministerial' variety, such as Subdivision Approval, Underground Injection Control (UIQ permit, and the like. V. ENVIRONMENTAL CONSIDERATIONS A. General Description The elevation of the site is approximately 500 feet above mean sea level. The mean annual rainfall in this area is approximately 125 inches. The wetter months tend to occur between March through September. The mean annual temperature is about seventy (70) degrees Fahrenheit to the lower 80's. Because the site is situated on the windward side of the island, winds tend to be trade and variable. Slight northeasterly winds occur during the day, while westerly or mountain winds are prevalent during the evenings. The subject parcel is rectangular in shape. Its width fronting Haihai and Paulele Streets is 160 feet, while its length is 1,180 feet. The site is vacant of any structures. The site essentially has been used in the past periodically for cattle grazing. B. Soils and Topography The subject site is relatively level, with an average slope of about eight (8) percent. The land tends to slope somewhat towards the middle portion towards the floodway. The US Department of Agriculture - Natural Resources Conservation Service (formerly Soil Conservation Service) Soil Survey Report classifies the soil to be of the Ola'a (OID) series. The Ola'a series consist of well -drained, extremely stony silty clay loams which formed in volcanic ash. Permeability is rapid, runoff is slow, and the erosion hazard is slight. Sugar cane use was typical of this soil type in this area. The Land Study Bureau Overall Master Productivity Rating for the subject area is Class "C" (C177) or fair. This designation suggests that the site has a fair potential for agricultural productivity. The Bureau classifies this soil series "Olay". This series has moderately dark gray, deep soil. It is somewhat stony and is well drained but moist. It is poorly suited for machine tillability. The State of Hawaii's Agricultural Lands Of Importance to the State of Hawaii (ALISH) maps does not classify this site as being either "prime, unique, or other" agricultural land. This is largely due to the fact that this site is within an urban area. C. Natural Hazards 1. Drainage The Federal Emergency Management Agency's Flood Insurance Rate Man (FIRM) designates most of the project site to be located in Zone "X", areas outside the 500 -year flood plain. However, the site is bisected by the floodway and designated "AE". This area will not be developed and left in its natural state. 2. Tsunami Hazard As the site is located over 4 miles from the ocean and near the 500 foot elevation, it is located outside of the Civil Defense's Tsunami Evacuation Zone. 3. Volcanic and Earthquake Hazards The United States Geological Survey (USGS) classifies this area, as well as the entire City of Hilo, in Lava Flow Hazard Zone 3, on a scale of ascending risk 9 to 1. The populated area of Kailua-Kona is designated Zone 4. There is very little that can be done to mitigate this situation and reflects an ongoing threat to all residents and businesses in these areas. The entire island of Hawaii falls within Earthquake Zone 4, according to the County Building Code. As such, certain structural requirements will be needed and taken during the building permit process by the respective homeowners to address this seismic hazard. 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. The site has already been cleared by bulldozers in the past and is currently being grubbed. Further, the site has been intermittently used in the past for cattle grazing. Although the site has been recently grubbed, a visual inspection of the area suggests the presence of introduced species like the gunpowder tree, abandoned sugar cane stalks, and the "California" grass. There appeared to have been no cultivated plants or trees on the site. Thus, floral impacts should be minimal. The site or general area is not known to be a habitat for any rare or endangered animal life. Given its elevation, however, it may be possible to find the Hawaiian Hawk I'o) and the Hawaiian Owl (Pueo). Given the disturbed and urban nature of the surrounding areas, it is quite unlikely that one would find endangered animal life in the area. E. Historic/Archaeological Resources As the site has been cleared and used for sugar cane in the past and cattle grazing, no commissioned archaeological survey of the site was made. The former clearing makes it less likely to find any archaeological features on the site. Then, too, a grubbing permit was recently issued, resulting in the grubbing of the entire property. Nonetheless, during the course of improving the site, should any unanticipated archaeological features or sites be uncovered, work will cease and the applicant will immediately notify the Planning Department. F. Valued Cultural Resources In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka Aina decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated tradition 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. Relative to mountain access, there are no known trails in this area. Furthermore, given its location and surrounding residential subdivisions located mauka of the subject site, no mountain access should be adversely impacted by the development of this site. 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. However, as the site has been used for sugar cane or cattle grazing for over 50 years, it would appear unlikely that the site would serve such purpose today. In the unlikely event that legitimate gathering claims are made by native Hawaiians, the applicant intends to respect and honor such claims and provide the 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. Fater and Coastal Resources The subject site is located well over 4 miles from the coastline. As such, coastal impacts resulting from discharge Of wastewater systems from the site should not be significant. Further, being a non -coastal property, no coastal access will be affected. As the wastewater from the project will be serviced by sewer system meeting with the approval of the Department of Health, septic tank or related system meeting with the approval of said agency would be done by the respective property owners at the time of issuance of a building permit for the proposed lots. H. Noise, Air Quality, and Dust As the site is proximate to Haihai Street, the ambient noise level relative to traffic is a little higher. Nonetheless, the area is residential in character, and Haihai Street is not the only feeder road in this area. As such, the addition of vehicular movements by 9 more lots should not generate an appreciably higher level of noise. There will, however, be short-term noise impacts associated with the construction of the infrastructure for the proposed subdivision. Contractors will be required to comply with appropriate noise and related mitigation measures of the State Department of Health. The proposed development should not generate any direct air quali impacts. The only discernible air quality impact could be associated with the vehicular traffic to and from the site. While there will be an impact to the ambient air quality, the impact should not be significant. With higher EPA standards for automobile air emissions, the air quality impact should thus hopefully not be significant. As such, with the exception of construction dust in the beginning, long term dust generated by the project should be minimal. Construction dust, however, like construction noise will have to comply with the State Department of Health's regulations. I. Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there are sites or areas listed as being a scenic resource. The subject site is not listed as a scenic site. However, there were a few examples cited in the Hilo area. The most notable is the backdrop of the Mauna Loa and Mauna Kea. The proposed development would not have any visual impacts on these mountains and other listed scenic resources in the area. The site is not situated in an area where it would impede any public views of these mountains. Furthermore, the project is a residential one, where the heights of structures would be generally less than 30 feet and not pronounced. VI. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses The predominant land use in this area is single-family residential. With the exception of a few 2-4 acre sized lots in the general area, the lots in this area range between 7,500 to 15,000 square feet. Figure 1 shows the various lots and general size in this area relative to the proposed site. For the most part, the zoning in this area is Single-family Residential (RS -10 or RS -15). There is a subdivision fronting the subject property that has lots varying between 7,500 to 15,000 square feet in size. That area is zoned Agriculture (A-1 a), and the lots are thus considered non -conforming. In spite of the requested zoning (RS -10), the lots would range between 12,000 to 16,000 square feet. If the floodway and roads were included, the average density would be in excess of 20,000 square feet. Discounting those areas, however, would result in the lots averaging 13,800 square feet. As such, the proposed lots would be consistent with the residential pattern and lot size of this area. W B. Economic Impacts The requested zoning would have some measure of economic impact, as it would make fee simple lots available to individuals wishing to live in this part of Hilo. In turn, it would minimize the pressure to convert more important agricultural properties in the South Hilo District for residential uses, and thereby impacting the agricultural industry. Further, there will be some short-term construction activity. And this, could help with the area's economy. C. Agricultural Impacts The site has not been used for intensive agricultural activity. It has been used in the past for sugar cane and intermittently in the more recent past for cattle grazing. While this use could continue, it may not be a productive use of the land, given the emerging residential pattern of this area. Although classified "C" or fair by the Land Study Bureau, the site's relationship to an urban environment is too strong to render the site suitable for agricultural pursuits. Then, too, the land has not been classified as being important under the ALISH system. Because of the site's location (Waiakea Uka) and elevation (500 feet), it represents a fairly attractive and popular area for residential projects. As such, if developed, it could reduce pressures for the development or non- agricultural use of the better agricultural lands in and around South Hilo and North Hilo. In so doing, it would indirectly help or further the agricultural objectives of the County. VII. INFRASTRUCTURE CONSIDERATIONS A. Road The project would have two accesses from approved County streets. One of the accesses would originate from Haihai Street, and the other, from Paulele Street. Haihai Street has a 24- foot wide pavement with 3-4 foot wide shoulders within a right-of-way of 60 feet. Paulele Street, which eventually intersects with Ainaola Drive, has a right-of-way of 50 feet. It also has a County approved curb, gutter, and sidewalk roadway section. Access to the lots from Haihai Street end would be via a private road, consisting of a minimum width of 16 feet within a 32 -foot wide right-of-way. 10 The access from Paulele Street would have a minimum pavement width of 14 feet within a 25 -foot wide right-of-way. Both roads would be built to County private road standards. B. Water There is a County water line fronting Haihai Street as well as the end of Paulele Street. Those lines would be extended to service the proposed lots. According to discussions with the Department of Water Supply, water is available for the proposed 9 -lot subdivision. This would be subject to the applicant's payment of the water commitment fee. C. Wastewater There is no County wastewater system in this area. As such, a septic tank system meeting with the approval of the Department of Health will be allowed. The respective lot owners will do this at the time of actual construction of the residences. D. Solid Waste Solid waste will be handled through commercial haulers or the individual homeowners into authorized landfill sites or transfer stations. With the requested RS -10 zoning, the potential for uses with toxic or related chemical waste would be minimal, if at all. E. Other Government Services As this area is already part of the City of Hilo urban area, it is already being serviced. No extension of government services would be required. The Fire Station is located along Kawailani Street, approximately 2 miles away. The Police Station is located in downtown Hilo, approximately 4 miles from the subject site. There are public elementary, middle, and high schools in this general area, all less than 3 miles from the site. There are two County parks less than 2 miles from the subject site. 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. 11 F. Other Utilities All other utilities such as telephone, cable, and electrical services, are available to the site. The applicant intends to bring the electricity directly from Haihai or Paulele Streets, as the case may be. VIII. IMPACT SIGNIFICANCE ANALYSIS A. Relationship Between Local Short -Term Uses of Environment and Maintenance and Enhancement of Lone -Term Productivity If the requests were denied, the short-term use of the site would probably be an undeveloped tract of land and used intermittently for cattle grazing. There could also be the possibility of using the land as a large single-family lot. Given the residential nature of this general area, the retention of the Agriculture (A -3a) zoning may not result in the best development of the site. There would be a large residential lot, which - because of its resource and locational (being in an urban setting) characteristics - may not be capable of supporting intensive agricultural activities. At the same time, pressures could occur on the conversion of lands currently being used for more intensive agricultural activities in rural South Hilo. Given those conditions, it may be more prudent from a land use perspective to more effectively utilize the project site to satisfy a residential lot demand than to subdivide them into large lots. The projected use could indirectly help retard the pressures for the unnecessary conversion of better agricultural lands for residential activities. B. Irreversible and Irretrievable Commitment of Resources The subject site is already disturbed, particularly with the recent grubbing of the site. As such, the project should not result in an irreversible commitment of natural or archaeological resources. There were no known floral or faunal resources in this area. C. Mitigative Measures The applicant intends to provide the required on-site infrastructure in conjunction with the subdivision process. At the same time, any drainage issue will be mitigated, as plans meeting with the requirements of the County would have to be implemented in conjunction with the subdivision approval 12 process. The "AE" flood zone will be left in its natural state. As such, there should be no interruption of the drainage pattern in this area. Relative to archaeological features, the site does not appear to have any, as it has been cleared and grubbed in the recent past. However, should unanticipated archaeological finds be discovered during the construction of the project, work will stop (as is required by the State and County) and clearance secured before work will resume. As the site is presently vacant, no person or businesses would be dislocated. D. Alternatives to the Proposed Proiect 1. No Proiect Under this status quo alternative, the site will either remain in its present condition or be developed into a 4 -acre lot project. This alternative would result in short-term construction impacts (noise, dust, traffic) resulting from the construction of a dwelling. Additional vehicular traffic, although not significant, resulting from the ultimate uses within the site would also be present. The site, however, would not be utilized to its fullest potential, given the predominant residential land uses in this area. 2. Alternative Residential Density Under this alternative, the applicant could seek a less dense (RS -15, RS -20, or RS -1a) or a more intensive (RS -7.5) zoning, any of which would be consistent with the land use goals of the General Plan and Hilo Community Development Plan. However, such an approach would not create a mixture of density and lot sizes that could make a community more attractive. Further, a denser project could add a little more traffic to this area than what some residents may perceive as being acceptable until other improvements are made. A larger lot subdivision (such as 20,000 to 1 acre) may not make the development financially feasible. Further, the price of the lot would also be influenced by the lot size, making the area less available for a broader segment of the community. 13 3. Evaluation of Alternatives The project's impacts to the area's social and physical infrastructure would not appear to be pronounced. Certain mitigative measures will be taken to address any possible impacts resulting from this project. Further, the project would be consistent with the land use objectives sought to be accomplished by the County General Plan LUPAG map and all other related planning documents affecting the subject site. In view of the aforementioned, it would appear that none of the alternatives would be more prudent and beneficial than the requested RA -.5a 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, and the Planning Director is not proposing any change to this area. This designation allows the requested RS -10 zoning. B. General Plan Polices The requested zoning would be consistent with the goals, policies, and standards of the General Plan document. For one, it would provide short-term economic opportunities largely through the construction of the subdivision and the homes. The project should also add revenues to the County and State coffers. The project intends to be energy conscious through the use and/or encouragement of solar energy and design features to take advantage of wind patterns. 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 be violative of any of those objectives. 14 Aside from vehicular transmission, air pollution associated with the project should be negligible. Cesspools would not be used, and instead a septic system or other alternative individual wastewater system meeting with the State Department of Health will be used to address potential groundwater and coastal water concerns. If required, a solid waste management plan could be prepared and implemented.- The project will also not be a noisy one, as residents would come to this area to enjoy its tranquillity. Any noise - generating facility - such as air conditioners - would be carefully placed to minimize their noise impacts. For the most part, the site is designated Zone "X" on the FEMA map, areas of minimal hazard. The area designated "AE" which bisects the site will be left undeveloped. Nonetheless, in conjunction with the subdivision review process, a drainage system will be developed and implemented to address potential runoff and related concerns. This system will be designed in a manner to protect the property as well as to minimize the volume of surface runoff generated by this development. It is very unlikely that there is any historic site on the property, particularly since the site has been recently grubbed. Notwithstanding that situation, work will cease if unanticipated archaeological remains are discovered during the construction of the project; and work will resume only after proper clearances from the State and/or County has been received. Being previously used for sugar cane or cattle grazing, the prospect of the site serving as a habitat for rare or endangered plant or animal life appears remote. The project will create additional houselots. It should help to diversity the type of houselots in the region, while reducing pressures for the premature conversion of the area's better agricultural lands. In so doing, it would implement the housing element of the General Plan. The Plan also emphasizes that developments be mindful of an area's natural beauty. In this situation, the project will be designed in a manner so as to have it blend as much as possible with the existing terrain. As the project site is more than four (4) miles from the ocean, the usual coastal resources concern is not pronounced. There will be no interference with shoreline access. Then, too, through the use of septic system, impacts to the coastal water will be minimized. 15 There will be little impact to public facilities. The wastewater system will be private. The water system will be developed in a manner meeting with the requirements of the Department of Water Supply. Vehicular access within the subject site will be provided meeting with the approval of the County. Schools and other public facilities are also located proximate to the site, most of them being less than three (3) miles away. Finally, in terms of Land Use, the project would be consistent with the LUPAG map. It would also be generally compatible with the surrounding area. Many of the lots in this area range between 7,500 square feet to 15,000 square feet. There are a few lots greater than 1 acre. Accordingly, the development of this lot represents an "in -filling" of the already established residential pattern of this area. C. Hilo Community Development Plan The Hilo CDP suggests residential uses for this area, with a density of a 10,000 to 15,000 square feet. The requested RS -10 zoning with lots averaging 13,000 square feet would be consistent with those recommended densities. D. Zoning and Subdivision The designated zoning of the site is Agriculture (A -3a). However, as the recently adopted Zoning Code eliminated that designation, the de facto zoning of the site has been determined to be Family -Agriculture (FA -3a). This would suggest one unit for every three acres of land. The requirements of the zoning and subdivision codes would be complied, including use and related development standards. These would also include compliance with any conditions of the zone change. 16 DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: April 28, 2004 TO: Christopher J. Yuen, Planning Director FROM: riv' Department of Public Works SUBJECT: CHANGE OF ZONE APPLICATION (REZ 04-007) Applicant: Gerald Yamada Request: A -3a to RS -10 TMK: 2-4-38:008 We have reviewed the subject application forwarded by your memo dated March 31, 2004 and offer the following comments for your consideration. All development -generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. A drainage study shall be prepared and the recommended drainage system shall be constructed meeting the approval of the Department of Public Works. 2. A portion of the subject parcel is located within Flood Zone AE as designated on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Flood Zone AE is the Special Flood Hazard Area inundated by the 100 -year flood with known flood elevations. Any construction within the flood area shall conform to the requirements of Chapter 27, Flood Control, of the Hawaii County Code. 3. All earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. 4. Haihai Street is a secondary arterial with a right-of-way width of 60 feet. Based on the intended zoning, we recommend the applicant provide full improvements to the entire frontage along Haihai Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation, meeting the approval of the Department of Public Works. 5. Paulele Street is a 50' wide county right-of-way. Paulele Street should terminate with a suitable turnaround in accordance with Section 23-48(b) of the Hawaii County Code. The centerline of the private street, servicing the proposed subdivision off Haihai Street, shall align with Hanohano Street and provide adequate sight distance. Individual lot access to Haihai Street should be prohibited. The private streets shall provide access to no more than six lots and shall terminate with a suitable turnaround. 7. Streetlights and traffic control devices shall be installed as required by the Traffic Division, Department of Public Works. The applicant shall be responsible for the design, purchase, and installation of such devices. Questions may be referred to Kelly Gomes of our Engineering Division at ext. 8327. EXHIBIT KG 9 County of Hawaii is an Equal Opportunity Provider and Employer JMTv or Nqw Harry Kim Mayor , n. �rF oi•M�'0 Cauttfu of Barbara Bell Director ri~Y� l ! f DEPARTMENT OF ENVIRONMENTAL MANAGEM,NT 25 Aupuni Street, Room 210 • Hilo, Hawaii 967204252 (808) 961-8083 • Fax (808) 961-8086 MEMORANDUM Date : April 5, 2004 To . �CHRISTOPHER YUEN, Planning Director From :X(1BARBARA BELL, Director SUBJECT: Change of Zone Application (REZ 04-007) Applicant: Gerald Yamada Request: A -3a to RS -10 TMK: 2-4-38:8 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: WASTEWATER DIVISION:-- ( 4No 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 extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawaii County Code. ( ) Other: SOLID WASTE DIVISION: 1�— ( ) No comments () Commercial operations may not use transfer stations for disposal. ( y�) Aggregates and any other construction/demolition waste should be reused to its fullest extent. ( X) Ample room should be provided for recycling. ( A) Greenwaste may be disposed of only at the drop sites located at the Kailua and Hilo transfer stations. ( ) Other: cc: SWD, WWD EXHIBIT 5309 C Harry Kim Mayor eo' until Df'AbJai`t ` FIRE DEPARTMENT 25 Aut uni Street • Suite 103 • Hilo, Hawaii 96720 (808) 961-8297 • Fax (808) 961-8296 April 12, 2004 TO CHRISTOPHER J. YUEN, PLANNING DIRECTOR FROM DARRYL OLIVEIRA, FIRE CHIEF SUBJECT: CHANGE OF ZONE APPLICATION (REZ 04-007) APPLICANT: GERALD YAMADA REQUEST: A -3a TO RS -10 TAX MAP KEY: 2-4-38:8 Fire apparatus access roads shall be in accordance with UFC Section 10.207: "Fire Apparatus Access Roads Darryl J. Oliveira Fire Chief Desmond K. Wery Deputy Fire Chief "Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. "(b) Where Required. Fire apparatus access roads shall be required for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire department vehicle access as measured by an unobstructed route around the exterior of the building. "EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of this section may be modified. "2. When access roadways cannot be installed due to topography, waterways, nonnegotiable grades or other similar conditions, the chief may require additional fire protection as specified in Section 10.301 (b). "3. When there are not more than two Group R, Division 3 or Group M Occupancies, the requirements of this section may be modified, provided, in the opinion of the chief, fire -fighting or rescue operations would not be impaired. EXHIBIT D Christopher J. Yuen, Planning Director Page 2 April 12, 2004 "More than one fire apparatus road may be required when it is determined by the chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. "For high -piled combustible storage, see Section 81.109. "(c) Width. The unobstructed width of a fire apparatus access road shall meet the requirements of the appropriate county jurisdiction. "(d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches. "EXCEPTION: Upon approval vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance. "(e) Permissible Modifications. Vertical clearances or widths required by this section may be increased when, in the opinion of the chief, vertical clearances or widths are not adequate to provide fire apparatus access. "(f) Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all- weather driving capabilities." (20 tons) "(g) Turning Radius. The turning radius of a fire apparatus access road shall be as approved by the chief." (45 feet) "(h) Turnarounds. All dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. "(i) Bridges. When a bridge is required to be used as access under this section, it shall be constructed and maintained in accordance with the applicable sections of the Building Code and using designed live loading sufficient to carry the imposed loads of fire apparatus. "o) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief." (15%) "(k) Obstruction. The required width of any fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. "(1) Signs. When required by the fire chief, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both." Christopher J. Yuen, Planning Director Page 3 April 12, 2004 Water supply shall be in accordance with UFC Section 10.301: "(c) Water Supply. An approved water supply capable of supplying required fire flow for fire protection shall be provided to all premises upon which buildings or portions of buildings are hereafter constructed, in accordance with the respective county water requirements. There shall be provided, when required by the chief, on-site fire hydrants and mains capable of supplying the required fire flow. "Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. "The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be protected as set forth by the respective county water requirements. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 10.207." L,� RRY OLIVEIRA F re Chief NA:lk Harry Kim Mayor 4 S39dtlw April 14, 2004 MEMORANDUM Count? of *ainaii OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT 50 Wailuku Drive • Hilo, Hawai'i 96720-2484 VITT (808) 961-8379 • FAX (808) 961-8685 TO: Christopher J. Yuen, Director Planning Department FROM: Edwin S. Taira I, Housing Administrator SUBJECT: Change of Zone Application (REZ 04-007) Applicant: Gerald Yamada Request: A -3a to RS -10 Tax Map: 2-4-38:8 Edwin S. Taira Housing Adminisirator Housing conditions, pursuant to the requirements of Chapter 11, Article 1, Hawaii County Code, relating to Affordable Housing Policy, are not applicable to this 4 -lot subdivision request. Thank you for the opportunity to comment. Please call us at ext. 8379 if you have any questions or need additional information. EXHIBIT E q0A EQUAL HOUSING OPPORTUNITY "AN EQUAL OPPORTUNITY EMPLOYER" LINDA LNGLE GOVERNOR OF HAWAII April 16, 2004 _ STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES HISTORIC PRESERVATION DIVISION KAKUHIHEWA BUILDING, ROOM 555 601 KAMOKILA BOULEVARD KAPOLEI, HAWAII 96707 PETER T. YOUNG SCAROOFLA CHAIRPERSON NO AM WTURAL RESOU COMMISSION ON WATER EMA SOURCE NAGEM W TENT DAN DAVIDSON DEPUTY DIRECTOR - LAND ERNEST Y.W. LAU DEPUTYMPECTOR-WATER AQUATIC RESOURCES BOATING ANO OCEAN RECREATION BUREAU OF CONVEYANCES COMMISSION ON WATER RESOURCE MANAGWM CONSERVATION ANO COASTAL LANDS CONSERVATION AND RESOURCES ENFORCEMENT ENGINEERING FORESTRYANO WILDLIFE HISTORIC PRESERVATION KAHOCLAWE ISLAND RESERVE COMMISSION HAND STATE PARKS HAWAII HISTORIC PRESERVATION LOG NO.: 2004.1183 DIVISION REVIEW DOC NO.. 0404JK35 Applicant/Agency: Sidney Fuke , Planning Consultant Address: 100 Pauahi Street, Suite 212 Hilo, HI 96720 Project: Chapter 6E-42 Review (County) Planning Request for "No Historic Properties Affected" Determination For County Re -Zoning A -3a to RS -10 Applicant: Gerald Yamada Location: Waiakea Homesteads, South Hilo, Hawai'i Island Tax Map Key: (3) 2-4-033: 008 1. We believe there are no historic properties present because: X a. intensive cultivation has altered the land b. residential development /urbanization has altered the land c. previous grubbing/grading has altered land d. an acceptable archaeological assessment or inventory survey found no historic properties e. other: 2. This project has already gone through the historic preservation review process. a. mitigation has been completed b. other: _X_ Thus, we believe that "no historic properties will be affected by this undertaking. Signed Z11zqd'Y , Date O rine M. Knapp -Department of Land and Natural Resources EXHIBIT F SidneyFuke, Planning Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 Telephone: (808) 969-1522 • Fax: (808) 969-7996 April 23, 2004 Mr. Christopher Yuen, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Yuen: • Planning • Variance • Zoning - Subdivision Subdivision • Land Use Permits i n ' • Environmental Reports 10 Subject: Rezoning Request (REZ 04-007) — Gerald Yamada Waiakea Homesteads South Hilo HI TMK• 2-4-38.008 Thank you for providing me with agency comments to date regarding the subject matter. We note that the Office of Housing and Community Development recited the County Housing Code, which, if applicable, will be complied with by the applicant. The State Department of Education, as did the County Wastewater Division, had no comments on the request. Relative to the Solid Waste Division's comments, during the course of preparing the land for this project, the applicant intends to retain as much of the material on the property. This should thus minimize disposal at approved disposal sites. We are also enclosing a copy of the comments from the State Historic Preservation Division's review of this matter. The review concluded that "no historic properties will be affected by this undertaking. Should there be further questions/comments on this matter, please feel free to contact me. Thank you very much. S*cerely, r ��() SIDY M. UKE Planning Consultant Copy — Department of Environmental Management Mr. Gerald Yamada w/ enclosures EXHIBIT C7 SidneyFuke, Planning Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 Telephone: (808) 969-1522 • Fax: (808) 969-7996 April 26, 2004 Mr. Christopher Yuen, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Yuen: • Planning • Variance • Zoning • Subdivision • Land Use Permits • Environmental Reports Subject: Rezoning Request (REZ 04-007) — Gerald Yamada Wainken Homesteads, South Hilo, HI, TMK: 2-4-38: 008 Thank you for providing me with a copy of the Fire Department and Police Department's comments regarding the subject matter. We note that the Police Department had no objections to the request. Relative to the Fire Department's comments, the requirements on fire access, hydrants, and related fire protective measures will be done during the subdivision approval process. Should there be further questions/comments on this matter, please feel free to contact me. Thank you very much. incerely, St � IDNEY FU. Planning Consultant Copy — Mr. Gerald Yamada w/ enclosures RY=adaREZ.dm-5/4/04 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION GERALD YAMADA CHANGE OF ZONE APPLICATION (REZ 04-007) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation of the Change of Zone request be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this recommendation 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 - 3 acre (A -3a) to the Single -Family Residential -10,000 square foot (RS -10) district to subdivide the property into nine lots. Six of the proposed lots will have access from Haihai Street over a private road with a minimum 16 -foot wide pavement within a 32 -foot wide right-of- way. The remaining three lots will have access from Paulele Street over a private road with a pavement width of 14-16 feet within a proposed 25 -foot right-of-way. Also proposed is a 15 -foot wide landscape buffer along Haihai Street. The roads, buffer and floodway areas would be a lot owned and maintained by the nine homeowners. The estimated cost of the project is $500,000.00. Covenants will be incorporated into the deeds of the lots to prohibit the construction of an ohana or second dwelling. The lots are proposed to be on the market by early 2005. 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 - 3 acre (A -3a) to a Single - Family Residential - 10,000 square foot (RS -10) district conforms to the goals, C - a-94) PC RY=adaREZ.dm-5/4/04 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION GERALD YAMADA CHANGE OF ZONE APPLICATION (REZ 04-007) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation of the Change of Zone request be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this recommendation 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 - 3 acre (A -3a) to the Single -Family Residential -10,000 square foot (RS -10) district to subdivide the property into nine lots. Six of the proposed lots will have access from Haihai Street over a private road with a minimum 16 -foot wide pavement within a 32 -foot wide right-of- way. The remaining three lots will have access from Paulele Street over a private road with a pavement width of 14-16 feet within a proposed 25 -foot right-of-way. Also proposed is a 15 -foot wide landscape buffer along Haihai Street. The roads, buffer and floodway areas would be a lot owned and maintained by the nine homeowners. The estimated cost of the project is $500,000.00. Covenants will be incorporated into the deeds of the lots to prohibit the construction of an ohana or second dwelling. The lots are proposed to be on the market by early 2005. 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 - 3 acre (A -3a) to a Single - Family Residential - 10,000 square foot (RS -10) district conforms to the goals, policies and standards of the Gen General Plan is intended to be used development of all sectors of the G courses of action to accommodate € the lands needed for residential use. and open space, and to coordinate f systems. The overall goals, policies it Plan Economic and Land Use Elements. The a policy guide for the coordinated growth and ty. It sets forth goals, policies, standards and with without congestion, to designate and preserve commercial and visitor services, industry, agriculture uses with the County's service and circulation and standards are set forth to physically plan the lands in the County in the best intertest of the island's residents. Land Use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The requested change of z ne conforms to the General Plan Land Use Pattern Allocation Guide (LUPA ) Map. 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 property is designated Low Density Urban, which reflects uses single-family residential in character. The applicant's proposal to the Low Density Urban designatio ALISH Map identify the area as U density residential development in zoned Agricultural 3 -acre (A -3a), , the property into nine lots is consistent with The Land Study Bureau's Soil Rating and the This designation reflects the existing low - area of Waiakea Uka. Surrounding lands are 1 -acre (A-1 a), Residential and Agricultural 2 -acre (RA -2a) and Siagle-Family Residential - 10,000 square feet (RS -10) and predominantly in single-famil} residential uses. The State Land Use designation for the subject property is Urban. The Ilproposed change of zone would complement the existing land uses in this area and will provide for an orderly development of the area. The subject property is a vacant, rectangular parcel approximately 4.335 acres in size. The property is located on th� south side of Haihai Street, near its intersection with Hanohano Street. The parcel has bjeen used in the past for grazing cattle. The property is -2- relatively level, with slopes of approximately eight percent. The area is predominantly single-family residential in character. Properties to the north are zoned Agricultural - 1 acre (A -la), and properties to the south are zoned Single -Family Residential - 10,000 square feet (RS -10). Parcels to the immediate east of the site are zoned Residential and Agricultural - 2 acre (RA -2a). Lands to the west are zoned Agricultural - 3 acre (A -3a). Although ohana dwellings are permitted in the County's Residential zoned district, a condition will be included to incorporate restrictive covenants in the deed of all lots to prohibit ohana dwellings on the lots. Six of the proposed lots will have access from Haihai Street over a private road with a minimum 16 -foot wide pavement within a 32 -foot wide right-of-way. The remaining three lots will have access from Paulele Street over a private road with a pavement width of 14-16 feet within a proposed 25 -foot right-of-way. Haihai Street is a secondary arterial with a right-of-way of 60 feet. The Department of Public Works recommends the following: • full improvements to the entire frontage along Haihai Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation. • the center line of the private street off Haihai Street serving the proposed subdivision shall align with Hanohano Street and provide adequate sight distance. Individual lot access to Haihai Street should be prohibited. The private streets shall provide access to no more than six lots and shall terminate with a suitable turnaround. The Planning Director recommends that curbs, gutters and sidewalks along Haihai Street not be included in the conditions of approval. Paulele Street is a 50 -foot wide County right-of-way. The Department of Public Works states: • Paulele Street should terminate with a suitable turnaround in accordance with Section 23-48(b) of the Hawaii County Code. All utilities and services are available to the site. According to the applicant, there is a waterline fronting the site along Haihai Street. The line will be extended to -3- service the proposed lots. The applicant proposes to use a septic system, meeting with the approval of the State Department of Health. Solid waste will be handled by commercial haulers. Electricity and telephone services are available to the site. The nearest fire station is located on Kawailani Street approximately two miles from the site. The police station is located in downtown Hilo, approximately four miles from the property. Public schools are located less than three miles from the site. The property has no severe geological or topographical problems which cannot be rectified or which would render the land unusable. The project site is located within Zone "X", area determined to be outside the 500 -year floodplain, and "AE", special flood hazard areas inundated by the 100 -year flood. Any construction within the flood area must conform to the requirements of Chapter 27, Flood Control of the Hawaii County Code. The "AE" area is identified as a road and common area lot on the site plan. All development generated storm run-off shall be disposed of on-site and not allowed onto adjacent properties or roadways. By memo dated April 16, 2004 submitted by the applicant, the Department of Land and Natural Resources Historic Preservation Division has indicated that "we believe no historic properties are present because intensive cultivation has altered the land. Thus, no historic properties will be affected by this undertaking." No professional surveys were conducted of the site. The applicant has stated that should any archaeological features or sites be discovered during the development of this project, work will immediately cease and the applicant will notify the Planning Department. No professional flora or fauna surveys were conducted of the site. The applicant does not believe that rare or endangered floral or faunal resources are on the site. The property is located in an urban setting adjacent to developed residential uses. The site was cleared in the past and is currently being grubbed. The property was also used for cattle grazing in the past. Introduced species include the gunpowder tree, abandoned sugar cane stalks and the California grass. There are no cultivated plants or trees on the site. The site or general area is not known to be a habitat for any rare or endangered animal life. Given the disturbed and urban nature of the surrounding area, the presence of any endangered animal life is remote. -4- The subject request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not located in the Special Management Area. The project site is located more than four miles from the shoreline and will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access to the shoreline or mountain areas that traverses the property. According to the applicant, no valued cultural, historical or natural resources exist on the properties and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Therefore, no action is necessary to protect these rights. In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka Aina" decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: Investigation of valued resources: No formal archaeological reconnaissance survey, oral history of kamaaina accounts of the area, historical survey of documentary records, botanical and/or fauna study was submitted. The valuable cultural, historical, and natural resources found in the rezoning area: The site was formerly used for cattle grazing. By memo dated April 16, 2004 submitted by the applicant, the Department of Land and Natural Resources Historic Preservation Division has indicated that "we believe no historic properties are present because intensive cultivation has altered the land. Thus, no historic properties will be affected by this undertaking." The applicant has stated that work will cease and the Planning Department will be notified if any unanticipated archaeological features or sites are discovered during the course of improving the site. Possible adverse effect or impairment of valued resources: Native plants could be destroyed by construction and ground alteration. The subject property does not abut the shoreline, therefore Hawaiian gathering and fishing rights is not an issue. Feasible actions to protect native Hawaiian rights: Conditions of approval will be included to require the applicant to notify the Department of Land and Natural Resources -5- - Historic Preservation Division (DLNR-HPD) should any unidentified sites or remains be encountered, and proceed only upon an archaeological clearance from the DLNR- HPD. The applicant has stated that there is no evidence of any traditional and customary Native Hawaiians rights being practiced on the site, nor existence of any known valued cultural, historical or native resources in the area. Thus, it is believed that the project would have no adverse impact relative to the cultural and historical resources of the area. To the extent to which traditional and customary Native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights and no action is necessary to protect these rights. Based on the above findings, approval of this change of zone request from an Agricultural - 3 acre (A -3a) to a Single -Family Residential 10,000 - square foot (RS - 10) district would result in an appropriate land use pattern that will further benefit the general public. The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map), 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. CYamadaREZ.dm-5/4/04 GERALD YAMADA CHANGE OF ZONE APPLICATION (REZ 04-007) CONDITIONS OF APPROVAL A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Prior to the issuance of a water commitment by the Department of Water Supply, the applicant shall submit the anticipated maximum daily water usage calculations as recommended by a registered engineer, and a water commitment deposit in accordance with the "Water Commitment Guidelines Policy" to the Department of Water Supply within ninety (90) days form the effective date of this ordinance. C. Final Subdivision Approval shall be secured within five (5) years from the effective date of this ordinance. D. There shall be no individual lot access to Haihai Street. E. Provide improvements to the entire frontage of Haihai Street consisting of, but not limited to, pavement widening, drainage improvements, and any required utility relocation, meeting with the approval of the Department of Public Works. F. The centerline of the private street servicing the proposed subdivision off Haihai Street shall align with Hanohano Street and provide adequate sight distance. The private street shall provide access to no more than six lots and shall terminate with a turnaround, meeting with the approval of the Department of Public Works. G. Install street lights, signs and markings, meeting with the approval of the Department of Public Works Traffic Division, H. Restrictive covenants in the deeds of all the proposed lots shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owners of the property may also impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State of Hawaii Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. I. There shall be no construction of single family dwellings and related improvements or other substantial buildings or subdivision roads within areas designated "AE" or shaded Zone "X" by Flood Insurance Rate Maps (FIRM) except that subdivision roads can be built in shaded Zone "X." Restrictive covenants in the deeds of all lots shall give notice of the terms of this rezoning condition. This restriction may be removed by amendment of this ordinance by the County Council. A copy of the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. J. All development generated runoff shall be disposed of on site and not be directed toward any adjacent properties. A drainage study shall be prepared and submitted to the Department of Public Works concurrently with the submission of preliminary subdivision plans. Any drainage improvements shall be constructed, meeting with the approval of the Department of Public Works. K. The method of sewage disposal shall meet with the requirements of the State Department of Health. L. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources — State Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR- HPD when it finds that sufficient mitigation measures have been taken. M. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included -2- herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. N. Comply with all applicable laws, rules, regulations and requirements of the affected agencies for the proposed development. O. The applicant shall pay its fair share contribution to address potential regional impacts of the project with respect to roads, park, fire, police and solid waste disposal facilities. The fair share contribution shall be initially based on the representations contained within the change of zone application and may be increased or reduced proportionally if the lot counts are adjusted. The fair share contribution shall become due and payable prior to final subdivision approval of any portion of the subject property or within five (5) years from the effective date of this change of zone ordinance, whichever occurs first. The fair share contribution for each lot shall be based on a maximum density for each lot as determined by the zoning resulting from this change of zone. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a maximum combined value of $9,472.12 per single- family residential unit. Fair share contributions shall be allocated as follows: 1. $4,567.62 per single-family residential unit for an indicated total of $41,108.58 to the County to support park and recreational improvements and facilities; 2. $220.34 per single-family residential unit for an indicated total of $1,983.06 to the County to support police facilities; 3. $435.21 per single-family residential unit for an indicated total of $3,916.89 to the County to support fire facilities; 4. $190.54 per single-family residential unit for an indicated total of $1,714.86 to the County to support solid waste facilities; -3- 5. $4,058.41 per single-family residential unit for an indicated total of $36,525.69 to the State or County to support road and traffic improvements; In lieu of paying the fair share contribution, the applicant may construct such facilities related to park, fire, police and solid waste disposal facilities subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the Hawaii County Council. P. Comply with all applicable laws, rules and regulations of the affected agencies, including the Department of Public Works, Department of Water Supply and Department of Health. Q. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of enactment of the ordinance. The report shall include, but not be limited to, the status of the development and the extent to which the conditions of approval have been satisfied. This condition shall remain in effect until all of the conditions of approval have been satisfied and the Planning Director acknowledges that further reports are not required. R. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: The non-performance 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. 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 up to one additional year). ME S. Should any of the conditions not be ttid bt substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation. -5- ORDINANCE NO. OF HAWATI BILL NO. (PLANNING DEPARTMENT) AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A -3a) TO SINGLE FAMILY RESIDENTIAL (RS -10) AT WAIA. EA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-4-38:8. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waiakea, South Hilo, Hawaii, shall be Single Family Residential (RS -10): Beginning at the northwest corner of this parcel of land, being the north corner of Lot E-1, being a portion of Lot 916, Grant 11,622 to Gilbert TakeoYamaguchi and on the south side of Haihai Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 16,212.82 feet South and 1,880.06 feet West, thence running by azimuths measured clockwise from True South: 1. 2650 40' 160.00 feet along Haihai Street; 2. 3550 40' 1,180.00 feet along Lot C -1-A and Lot C -I -B, being portions of Lot 916, Grant 11,622 to Gilbert Takeo Yamaguchi; 3. 850 40' 160.00 feet along Paulele Street and Lot 12 of Waiakea Heights Subdivision, Unit II; 4. 1750 40' 1,180.00 feet along Lot E-1, a portion of Lot 916, Grant 11,622 to Gilbert Takeo Yamaguchi to the point of beginning and containing an area of 4.334 Acres, more or less. 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, Hawaii County Code, 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. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. Hawai `i Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: INTRODUCED BY: rt IL MF ,-BER, COU)ITY OF AI`I -2-