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HomeMy WebLinkAboutCOM 0824.000 2002-2004 oJ+YY^O• H,~ Harry Kim Dixie Kaetsu Mayor Managing Director .~•';1 ....•q;{: i U-1 ~Pleter L. Hendricks f~r• oi'n~'M~ Deputy Managing Director COUNTY OF HAWAIb-,,, ; 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, Hawai'i 96740 (808) 329-5226 • Fax (808) 326-5663 October 15, 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: State Land Use Boundary Amendment Application (SLU 03-006) Request: Agricultural to Urban Change of Zone Application (REZ 03-014) Request: ML-20/MG-5a/CV-10 to RS-20 and A-20a to ML-20 Applicant: Continental Pacific, LLC Tax Map Key: 2-8-8:por 3, por 95, 103 & por 104 Change of Zone Application (REZ 04-014) Applicant: Automotive Supply Center, Ltd. Request: RS-10 to MCX-20 Tax Map Key: 2-2-49:26 Change of Zone Application (REZ 04-015) Applicant: Island Ohana Dental Request: RS-10 to MCX-20 Tax Map Key: 2-2-37:31 /hange of Zone Application (REZ 04-016) Applicant Betty Wring Request: A-3a to RS-15 Tax Map Key: 2-4-38:16 Change of Zone Application (REZ 04-021) Applicant: Glenn Ahuna Request: RS-10 to RCX-]0 Tax Map Key: 2-2-21:30 Comm. No' 4 Z • Ref. To: Ref. Date je= - Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 October 15, 2004 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, 4mjv arry Kim Mayor IA916u4 Enclosures cc: Planning Department Hawaii County is an Equal Opportunity Employer and Provider Harry Kim Lle; E. nraya. ~l'~ M pMJ County of Hawaii PLANNING COMMISSION 101 Pauahi Street, Suite 3 - Hilo, Hawaii 96720-3043 (808) 961-8288 • Fax(808)961-8742 October 15, 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 04-016) Applicant: Betty Wung Request: A-3a to RS-15 Tax Map Key: 2-4-38:16 The Planning Commission, after a duly held public hearing on September 16, 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 Residentail 15,000 (RS-15) square foot district for approximately 2.511 acres of land. The property is located along the south side of Haihai Street, approximately 600 feet from the Haihai Street-Kupulau Street intersection and across from Hoaloha Street, Waiakea Homesteads 2nd 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 Agricultural 3-acre (A-3a) to Single-Family Residential 15,000 square feet (RS-15) to subdivide the property into six (6) lots. The six-lot layout was designed to accommodate a private road with an approximately 16-foot wide pavement. The applicant intends to include covenants incorporated into the deeds of the lots to prohibit the construction of an ohana or second dwelling. The applicant hopes to secure the necessary County rezoning approvals as soon as possible and begin the subdivision and development process immediately thereafter. Tentatively, plans call for the lots to be on the market by mid-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 Agricultural 3-acre (A-3a) to Single-Family Residential 15,000 square feet (RS-15) 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. 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 six lots is consistent with the Low Density Urban designation. The Land Study Bureau's Soil Rating is Urban and the ALISH Map identify the area as Existing Urban Development. This designation reflects the existing low-density residential development in this area of Waiakea Uka. Properties to the north are zoned Agricultural 1-acre (A-1a), 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 Agricultural 3-acre (A-3a), and lands to the immediate west are zoned Single-Family Residential 15,000 square feet (RS-15). 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 property is a rectangular parcel approximately 2.511 acres in size and is located on the south side of Haihai Street, directly across Hoaloha Street. The intersection of Haihai Street and Kupulau Street is approximately 600 feet to the west. There is an existing dwelling occupied by the applicant's family. This structure will be demolished. Fruit trees and plants grow along the front and back portions of the site. The site slopes towards the rear at approximately eight percent. 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. The proposed lots will have access from Haihai Street, a County roadway with a 24-foot wide pavement with 3-4 foot wide shoulders within a right-of-way of 60 feet. Access to the lots from Haihai Street would be via a private road, consisting of a minimum width of 16 feet within a 32-foot wide right-of-way. Under this option, the private road would be constructed to County standards. In a memo dated July15, 2004, the Department of Public Works recommended the following: • full improvements to the entire frontage along Haihai Street consisting of, but not limited to, pavement widening with paved shoulder and swale including any required utility relocation. • the center line of the private street off Haihai Street serving the proposed subdivision shall align with Hoaloha Street and provide adequate sight distance. Individual lot access to Haihai Street should be prohibited. The private street shall provide access to no more than six lots and shall terminate with a suitable turnaround. However, in a follow-up email dated August 5, 2004, the Department of Public Works has amended the first sentence of this recommendation to read, "the private street servicing the proposed subdivision off Haihai Street shall provide adequate sight distance, meeting with the approval of the Department of Public Works." This amended recommendation was made because it would be physically impossible to align Hoaloha Street with the private street servicing the proposed subdivision without encroaching into the adjacent property. The revised recommendation will be included in the conditions of approval. All utilities and services are available to the site. According to the Department of Water Supply, water can be made available from an 8-inch waterline along Haihai Street. The applicant proposes to use septic systems, meeting with the approval of the State Department of Health. Solid waste will be handled by commercial haulers. Electricity Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 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. All development generated storm run-off shall be disposed of on-site and not allowed onto adjacent properties or roadways. As the site has been cleared and used as a dwelling site for over 50 years, no commissioned archaeological survey of the site was conducted. By memo dated June 25, 2004, the DLNR-HPD has indicated that "we believe there are no historic properties present [because] residential development/urbanization has altered the land. Thus, we believe that no historic properties will be affected by this undertaking." 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 used as a dwelling site. There are introduced species such as citrus and lychee trees, bamboo, and gunpowder trees. 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. 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. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 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 has been cleared and used as a dwelling site for over 50 years. By memo dated June 25, 2004, the DLNR-HPD has indicated that "we believe there are no historic properties present [because] residential development/urbanization has altered the land. Thus, we believe that no historic properties will be affected by this undertaking." 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. 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 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 Agricultural 3-acre (A-3a) to Single-Family Residential 15,000 square feet (RS-15) would result in an appropriate land use pattern that will further benefit the general public. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 6 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. Sincerely, ed G on s, Chairman Planni g Commission Lwung02PC Enclosures cc: Mr. Sidney Fuke Ms. Betty Wung 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 ( r BWungREZ.dm-8/6/04 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT BETTY WUNG CHANGE OF ZONE APPLICATION (REZ 04-016) BETTY WUNG has submitted an application for a Change of Zone from Agricultural 3- acre (A-3a) to Single-Family Residential 15,000 square feet (RS-15) for approximately 2.511 acres of land. The property is located along the south side of Haihai Street, approximately 600 feet from the Haihai Street - Kupulau Street intersection and across from Hoaloha Street, Waiakea Homesteads 2"d Series, South Hilo, Hawaii, TMK: 2-4-38: 16. REQUEST 1. Proposed Development: The applicant is requesting a change of zone from Agricultural 3-acre (A-3a) to Single-Family Residential 15,000 square feet (RS-15) to subdivide the property into six (6) lots. The six-lot layout was designed to accommodate a private road with an approximately 16-foot wide pavement. The applicant intends to include covenants incorporated into the deeds of the lots to prohibit the construction of an ohana or second dwelling. The applicant hopes to secure the necessary County rezoning approvals as soon as possible and begin the subdivision and development process immediately thereafter. Tentatively, plans call for the lots to be on the market by mid- 2005. The applicant is the landowner of the property. (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 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 -1- Attach: C-824 (B-359) 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 property is a rectangular parcel approximately 2.511 acres in size and is located on the south side of Haihai Street, directly across Hoaloha Street. The intersection of Haihai Street and Kupulau Street is approximately 600 feet to the west. There is an existing dwelling occupied by the applicant's family. This structure will be demolished. Fruit trees and plants grow along the front and back portions of the site. The site slopes towards the rear at 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-1a), 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 Agricultural 3-acre (A-3a), and lands to the immediate west are zoned Single-Family Residential 15,000 square feet (RS-15). 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 'W", an area outside of the 500-year flood plain. 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 used as a dwelling site. There are introduced species such as citrus and lychee trees, bamboo, and gunpowder trees. The site and general area is not known to be a habitat for any rare or endangered animals. 19. Archaeological/Historical Resources: As the property has been cleared and used as a dwelling site for over 50 years, no commissioned archaeological survey of the site was conducted. By memo dated May 10, 2004 the applicant has requested a letter of "no effect" from the Department of Land and Natural Resources Historic Preservation Division (DLNR-HPD). By memo dated June 25, 2004, the DLNR-HPD has indicated that "we believe there are no historic properties present [because] residential development/urbanization has altered the land. Thus, we believe that no historic properties will be affected by this undertaking." 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- ( j PUBLIC UTILITIES AND SERVICES 22. Access: The proposed lots will have access from Haihai Street, a County roadway with a 24-foot wide pavement with 3-4 foot wide shoulders within a right-of-way of 60 feet. Access to the lots from Haihai Street would be via a private road consisting of a minimum width of 16 feet within a 32-foot wide right-of-way. Under this option, the private road would be constructed to County standards. In a memo dated July 15, 2004, the Department of Public Works recommended the following: • full improvements to the entire frontage along Haihai Street consisting of, but not limited to, pavement widening with paved shoulder and swale including any required utility relocation. • the center line of the private street off Haihai Street serving the proposed subdivision shall align with Hoaloha Sheet and provide adequate sight distance. Individual lot access to Haihai Street should be prohibited. The private street shall provide access to no more than six lots and shall terminate with a suitable turnaround. However, in a follow-up email dated August 5, 2004, the Department of Public Works has amended the first sentence of this recommendation to read, "the private street servicing the proposed subdivision off Haihai Street shall provide adequate sight distance, meeting with the approval of the Department of Public Works." This amended recommendation was made because it would be physically impossible to align Hoaloha Street with the private street servicing the proposed subdivision without encroaching into the adjacent property. 23. Water: According to the Department of Water Supply, water can be made available from an 8-inch waterline along Haihai Street, subject to a payment of a water commitment fee. 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 -4- 1 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: Exhibit B - July 15, 2004 Memo 28. Department of Environmental Management: Exhibit C - June 17, 2004 Memo 29. Department of Water Supply: Exhibit D - July 16, 2004 Memo 30. Fire Department: Exhibit E - June 23, 2004 Memo 31. Department of Health: Exhibit F - June 25, 2004 Memo 32. Department of Land and Natural Resources Historic Preservation Division: Exhibit G - June 25, 2004 Memo 33. Department of Education: Exhibit H - July 1, 2004 Letter AGENCIES - NO COMMENTS OR OBJECTIONS 34. Police Department, Department of Land and Natural Resources Land Division APPLICANT'S RESPONSE TO AGENCIES 35. Exhibit I - June 25, 2004, July 8, 2004 and July 17, 2004 Letters PUBLIC COMMENTS 36. As of this writing, the Planning Department has not received any written comments or objections from the general public or adjacent landowners on the request. -5- ( 1) 1I APPLICATION FOR COUNTY REZONING ( A-3a to RS-15) APPLICANT: BETTY WUNG WAIAKEA HOMESTEADS SOUTH HILO, HAWAI'I TAX MAP KEY: (3) 2-4-038: 016 Prepared For: Betty Wung Prepared By: Sidney M. Fuke, Planning Consultant May 2004 EXHIBIT CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Betty Wung APPLICANT'S SIGNATURE: DATE: 3/12/04 ADDRESS: 870 West Kawailani Street Hilo, HI 9672 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (Res.)959-7793 (Fax) LANDOWNER(S): Betty Wung LANDOWNER SIGNATURE(S): Z~M /j( q DATE: 3/12/04 (May be b letter) LANDOWNER(S) ADDRESS: Same as applicant REQUEST: A-3a TO RS-15 (Existing zoning) (Proposed Zoning) TAX MAP KEY: 24-038:016 STREET ADDRESS OF PROPERTY: 1245 Haihai Street SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 2.511 acres I AGENT: Sidney M. Fuke Planning Consultant ADDRESS, 100 Pauahi Street, Suite 212 Hilo, HI 96720 I TELEPHONE: (Bus.) 969-1522 (Res.) (Fax)969-7996 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Sidney Fuke COPIES: Betty Wong Iwo;X.., (See Instructions on Reverse Side) ATTACHMENT Residential Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1 If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? Yes if yes, please answer the rest of question 1 and then to quesfion 3. a• How many acres of the requested area do you intend to subdivide? All b. Into what lot sizes? 15,000 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? lmonth d. Do you intend to build houses on the newly created lots? No if yes, please answer the following questions: on how many of those lots? At what approximate price range? House Lots Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans b. Sell or lease the land to someone who has tentative plans? C. Sell or lease the land to someone who has A9 plans? d. Keep it? e. other (please state) f If you intend to do either a, b, or c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do You think that your request and your further plans for the land will alleviate the local housing situation? Yes How? More lots will help stabilize land cost and create housing opportunities for more. 4. Are there any buildings on the subject area? Yes If so, what kind? Single family dwelling what do you intend to do with those buildings if your request is approved? Demolish it -2- 5 Is the subject land currently being used for any agricultural activity? No If so, please list the kinds of products grown and on how many square feet or acres of land per product. 6. To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. 7. Do you think that the roads leading to the subject area needs improvement? No If so, what kind? Is the road adequate for the proposed traffic volume Yes or load? g• What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? yes No a. Schools x b. Roads X C. Sewer x d. Drainage x e, police Protection x -3- Yes No f. Fire Protection x g. Recreational Facilities x h. Public utilities x i. Other x - ~ For those checked ,yes, 11 please elaborate what type or kinds of improvements and/or assistance are needed. signature: Address: r Al Telephone: J(d 7 2 1 747 Date: i~ I !I I I COUNTY ENVIRONMENTAL REPORT COUNTY REZONING REQUEST (A-3a to RS-15) BETTY WUNG WAIAKEA HOMESTEADS, 2"D SERIES, SOUTH Him, HAWAII TAX MAP KEY: (3) 2-4-038: 016 I. INTRODUCTION The applicant, Betty Wring, is requesting to have a 2.511-acre parcel rezoned from Agriculture (A-3a) to Single-family Residential (RS I5) in Waiakea Homesteads, South Hilo, Hawaii. The property is located on the south side of Ha.ihai Street, near its intersection with Holaloha Street. (See Figure 1) If approved, the applicant intends to subdivide the subject site into 6 single-Family residential lots, with a minimum area of 15,000 square feet. The lots would be serviced by a private road. H. PROJECT LOCATION The project area is located on the south side ofHaihai Street, directly across of Holaloha Street in Waiakea Homesteads, South Milo. The intersection of Haihai Street and Kupulau Street is approximately 600 feet to its west. (See Figure 2) There are a number of residential subdivisions in the vicinity of the subject site. There is a pending RS-10 rezoning application less than 500 feet east of the subject area. M. PROJECT DESCRIPTION A. Proiect Concept and Components As noted earlier, the applicant is tentatively proposing to develop a 6-lot single-family residential subdivision with a private road. As shown on the preliminary site plan, these lots would be in excess of 15,000 square feet. This 6-lot scheme was designed to accommodate a private road with a 16+ foot wide pavement. (See Figure 3) 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. 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W m " ~I u 8 w o ~Q Q LU i ~ ci Y Poa E 9 ,p m u- Xk i ng' n,R \$82g' ry g'r Q J E- oW X z SL OQ i e II IIry ~ d ; II LL , ~m ~x lA g _Y' 81I :om5_A+'p= Q ~I n l i a^"3 i &rf rs ~ 3 I I o 4 I NOISIN Ong 8115 OH y3~/ lVM f w I b - f i Y 2 s ~ 5 o s_ I Na of -p o~ ao W1~2i W os I Olmmi z~~~n B. Proiect 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 mid 2005. The cost of the improvements is estimated at $250,000. TV. 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-15) 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-10115 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. 2 D. County Zoning The proposed zoning of the subject property is Single-family Residential (RS- 15). 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-I5). There is a non- conforming subdivision north of Haihai Street, however, that is zoned Agriculture (A-]a), 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-15 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 being used as a residence and cultivated with fruit trees and plants for domestic purposes, the likelihood of finding any archaeological features on the site appear to be remote. In that regard, a request for a "No Historic Properties Affected" determination will be made of the State Historic Preservation Division. In anticipation of such a determination, it is maintained 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. 3 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 6 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-15, 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. H. Other Permitting onsi erations 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 (UTC) permit, and the like. 4 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 Holaloha Streets is 150 feet, while its length is 730 feet. The subject site has been used essentially as a residence. There is an existing dwelling on the subject site that is occupied by the applicant's family member. This structure will be demolished. There are fruit trees and plants along the front and back portions of the site. B. Soils and Topoeraphv The subject site is relatively level, with an average slope of about eight (8) percent. The land tends to slope somewhat towards the back portion of the site. 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. li 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 "Olaa". 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, 5 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 Map (FIRM) designates most of the project site to be located in Zone "x", areas outside the 500-year flood plain. 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 now being used as a typical residence. A visual inspection of the area suggests the presence of introduced species like citrus and lychee trees, bamboo, and some scrubby trees like the gunpowder tree. Thus, floral impacts should be minimal. 6 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 as a residence for over 50 years, no commissioned archaeological survey of the site was made. This type of use would make it less likely to find any archaeological features on the site. 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 as a residence 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. 7 G. Water 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 6 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 quality 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. 8 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)?S-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 (4-1a), and the lots are thus considered non-conforming. The requested zoning (RS-15) would result in lots averaging in excess of 15,000 square feet. The proposed lots would be consistent with the residential pattern and lot size of this area. 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 I I 9 in the past as a residence with domestic related agricultural activities (largely fruit trees). 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 IElo and North Hilo. In so doing, it would indirectly help or further the agricultural objectives of the County. VII. PORASTRUCTURE CONSIDERATIONS A. Road The project would have its access from an approved County street. This would be Haihai Street, which has a 24- foot wide pavement with 3-4 foot wide shoulders within a right-of-way of 60 feet. As shown, 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. Under that scenario, the road would be built to County private road standards. B. Water There is a County water line fronting Haihai Street. This line would be extended to service the proposed lots. According to discussions with the Department of Water Supply, water is available for the proposed 6-9-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 constniction of the. residences. 10 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-IS 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. 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 Street. VIII. E"ACT SIGNIFICANCE ANALYSIS A. Relationship Between Local Short-Terns Uses of Environment and Maintenance and Enhancement of Lonz-Term Productivity I If the requests were denied, the short-term use of the site would probably be an undeveloped tract of land and used for a single-family residence. 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 m al South Hilo. I1 ~ 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 historical use of this site as a residence. As such, the project should not result in an irreversible commitment of natural or archaeological resources. There are also 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 process. Based on the prevailing County policy on drainage system, water generated by this project will be retained on site. Furthermore, existing drainage ways entering or departing the site will not be altered. There will thus 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 used as a residence for over 50 years. However, should unanticipated archaeological Ands 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. Although there is a residence on the site, it is presently occupied by the applicant's family. Accommodations will be provided to this family, and there will not be an effective dislocation of this tenant. . D. Alternatives to the Proposed Proiect 1. No Proiect Under this status quo alternative, the site will either remain in its present condition or continue to be used as a large lot residence. This alternative, however, would not utilize the site to its fullest potential, given the predominant residential land uses in this area. 12 2. Alternative Residential Density Under this alternative, the applicant could seek a less dense (RS-20 or RS-1a) or a more intensive (RS-10 or 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. 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 RS-15 alternative. IX. REGULATORY ANALYSIS A. General Plan LUPAG Map The General Plan provides for the long-range comprehensive development of the island of Hawaii. It provides direction for balanced growth in the County. The LUPAG map designates the site Low Density Urban, and the Planning Director is not proposing any change to this area. This designation allows the requested RS-IS zoning. 13 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. 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. 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 planted with various fruit and related trees and used as a residence for over 50 years. Notwithstanding that situation, work will cease if unanticipated archaeological remains are discovered during the construction of the project; and work will resume orgy after proper clearances from the State and/or County has been received. 14 Because of its historical residential use, 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. 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 I 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' I5 zoning with lots ranging between 15,000 to 19,000 square feet would be consistent with those recommended densities. f 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 15 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: July 15, 2004 TO: Christopher J. Yuen, Planning Director i FROM: Department of Public Works SUBJECT: CHANGE OF ZONE APPLICATION (REZ 04-016) Applicant: Betty Wung Request: A3-a to RS-15 TMK: 2-4-38: 016 We have reviewed the subject application forwarded by your memo dated June 16, 2004 and offer the following comments for your consideration. 1. 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. All earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. 3. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500-year floodplain. 4. Haihai Street is a secondary arterial with a right-of-way width of 60 feet. We recommend the applicant provide full improvements along the subject property's entire Haihai Street frontage consisting of, but not limited to, pavement widening with paved shoulder and swale including any required utility relocation, meeting the approval of the Department of Public Works. 5. The centerline of the private street, servicing the proposed subdivision off Haihai Street, shall align with Hoaloha Street and provide adequate sight distance. Individual lot access to Haihai Street should be prohibited. The private street shall provide access to no more than six lots and shall terminate with a suitable turnaround. 6. 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. KG r f~ Counly oCHawaii is an Equal Opportunity Provider and Employer JNSV 4f ~4W Harry Kim Barbara Bell Mayor Director 7ff oF•H'J, C tlf DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 1 25 Aupuni Street, Room 210 • Hilo, Hawaii 967204252 (808) 961-8083 . Fax (808) 961,8086 i' MEMORANDUM Date June 17, 2004 To CHRISTOPHER YUEN, Planning Director From BARBARA BELL, Director SUBJECT: Change of Zone ApplicatREZ 04-016) Applicant: Betty Wung Request: A-3a to RS-15 TMK: 2-4-38:16 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: WASTEWATER DIVISION: ' ( No comments t° ( ) 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: $ ( } No comments ( Commercial operations may not use transfer stations for disposal. ( Aggregates and any other construction/demolition waste should be reused to its fullest extent. ) Ample room should be provided for recycling. O Greenwaste may be disposed of at the drop sites located at the Kailua and Hilo transfer stations. ( ) Other: cc: SWD, WWD 5860 (/m"mi 7 r'oun1171 an equa/opporlwii9•yrovider' and employ el EXHIBIT a.r° 5 0 WAIFR O 6 f, e9 n. v OF[P a llifiEf(!§T OF S`fVA tFEFR SUPPLVc a._tO 11d rS OF "rJA" AVO oy~`Of 040%, ~pB 345 KEKUANAO'A STREET. SU(TE'20 - HILO, H'dyV q~ifi 96720 T TELEPHONE (808) 961-lia FAX (808) 961-8657tf July 16, 2004 TO: Mr. Christopher J. Yuen, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUBJECT: CHANGE OF ZONE APPLICATION (REZ 04-016) REQUEST: A-3A TO RS-15 APPLICANT - BETTY WUNG TAX MAP KEY 2-4-038:016 We have reviewed the subject application for the proposed Change of Zone and have the following comments. For your information this parcel has an existing service lateral for a 5/8-inch meter with the Department. Based on the prevailing water situation in the area, water can be made available from an 8-inch waterline along Ha`iha`i Street. Pursuant to the Department's Rules and Regulations, a water commitment may be issued for 5 additional units for the proposed 6-lot subdivision. The required water commitment deposit is $150.00 for each additional unit for a total of $750.00. Remittance of $750.00 from the applicant is requested as soon as possible so that a water commitment may be formally issued. The commitment will be in writing with specific conditions and effective dates stated. Please keep in mind that this letter shall not be construed as a water commitment. In other words, unless a water commitment is officially effected, water availability is subject to change depending on the water situation. The applicant will be required to pay the prevailing facilities charge and capital assessment fee for the additional water. Upon issuance of a formal water commitment, we shall submit our comments and requirements for tentative subdivision approval. For the applicant's information, should the subject change of zone be approved and a subdivision application executed, final approval will be subject to the following requirements: 1. Construct necessary water system improvements, which shall include, but not be limited to: a. water mains capable of delivering water at adequate pressure and volume under both peak-flow and fire-flow conditions; minimum diameter of mains shall be 6 inches, b. service laterals that will accommodate a 5/8-inch meter to each lot, and EXHIBIT ,f n 0 s 'f R3 _U... The Departnienl of Water Supply Is an Equal Opportunity pioviderand emoloyer_ To file a complaint of dacominanon, write- USDA, Director, OPoce of Civa Rights. Room 326-W. Whitten Building. 14th and Indcpendance Avenue, SDI, bVa=hmg[on DC 2 0 250-94 1 0-Orcall (204) 720-5964 (voice and TDD) Mr. Christopher J. Yuen, Planning Director Page 2 July 16, 2004 c. fire hydrants spaced no more than 600 feet apart and within 300 feet of each lot. Submit installation plans prepared by a professional engineer, architect, or land surveyor, registered in the State of Hawaii, for review and approval. 2. Remittance of the prevailing facilities charge balance, which is subject to change, of $26,750.00. This is due and payable upon completion of the construction of the water system improvements and prior to final subdivision approval being granted. For your information, the total facilities charge requirement, which is subject to change, is $27,500.00. However, the total water commitment deposits are credited towards the final facilities charge requirement for the development. Note that the amount of water commitment deposits may exceed the prevailing facilities charge amount; for example, when requests for time extensions continue and are approved. Until the development is finally completed, these are separate and unrelated items. In the event that water commitment deposits exceed the facilities charge, no refunds are applicable. With this understanding, the current facilities charge balance is $26,750.00. 3. Submit the appropriate documents, properly prepared and executed, to convey the water system improvements and necessary easements to the Water Board of the County of Hawaii. A registered land surveyor shall stamp and certify the metes and bounds description within the conveyance documents. Conveyance of the improvements and easements is required prior to water services being granted. 4. Comply with all other applicable policies and requirements of the Department's Rules and Regulations. Noncompliance may be cause for voiding this water commitment, at which time availability will be subject to change in accordance with the prevailing water system conditions, policies, and Rules and Regulations. Should there be any questions, please call Ms. Shari Komata of our Water Resources and Planning Branch at 961-8070, extension 252. Sincerely yours, ilt on D. Pavao, . pl~ Manager SHK:sco copy - Ms. Betty Wung Mr. Sidney Fuke J~iY 0{ /.q i Harry Kim .i' Darryl J. Oliveira Mayor Fire Chief ^Desmond K. Wer i~•01 a, y Deputy Fire Chi¢f - - ;i ink ~~tl fir} llfi: (fountp of 7"abnaf `i FIRE DEPARTMENT C'- - - ~ 25 Aupuni Street • Suite 103 • Hilo, Hawaii 96720 (808) 961-8297 • Fax (808) 961-8296 June 23, 2004 TO CHRISTOPHER J. YUEN, PLANNING DIRECTOR FROM DARRYL J. OLIVEIRA, FIRE CHIEF SUBJECT: CHANGE OF ZONE APPLICATION (REZ 04-016) APPLICANT: BETTY WUNG REQUEST: A-3A TO RS-15 TAX MAP KEY: 2-4-38:16 Fire apparatus access roads shall be in accordance with UFC Section 10.207: "Fire Apparatus Access Roads "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). 01- P ?C "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, i c~OY f till 11neuni'i County is all Equgl Opportunity Provider and Eaeployer. Christopher J. Yuen, Planning Director Page 2 June 23, 2004 the opinion of the chief, fire-fighting or rescue operations would not be impaired. "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. "(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief." (15%) Christopher J. Yuen, Planning Director Page 3 June 23, 2004 "(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." Water supply shall be in accordance with UFC 10.301: "When any portion of a building being protected is in excess of 150 feet from a water supply on a public street, on-site fire hydrants shall be provided. On-site fire hydrants and mains shall be capable of supplying the required fire flow. Fire extinguisher shall be in accordance with UFC Standard 10-1. `PARR) L J. OLIVEIRA Fire Chief NAY/jdk R EMo Nq qP 18~9yf~1 99i Y•' LINDA LINGLE CHIVOME L. FOKINO, M.O. GOVERNOR R ® DIRECTOR OF HEALTH STATE O DEPARTMENT HAWAII r! Il i' I ? n ! ,m 1 P.O. BOX 916 HILO, HAWAII 96721-0916 Ii MEMORANDUM DATE: June 25, 2004 TO: Christopher J. Yuen Planning Director,, County of Hawaii FROM: Aaron A. Ueno f~ ` District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 04-016) Applicant: Betty Wung Request: A-3a to RS-15 Tax Map Key: 2-4-38:16 The use of individual wastewater systems is allowed. The type and number of individual wastewater systems to be used will be determined by the wastewater rules in effect at the time of building permit application. WORD:REZ04-016.my EXHIBIT r S E OF PETER T. YOUNG P k CHAIRPERSON LINDA LNGLE 9~ BOARD OF LAND AND NATURAL RESOURCES GOVERNOR OF HAWAII / W COMMISSION ON WATER RESOURCE MANAGEMENT DAN DAVIDSON DEPUTY DIRECTOR-"NO ERNEST V.W. LAU °d aly ~P DEPUTY DIRECTOR - WATER AQUATIC RESOURCES 1~pATINO AND OCEAN RECREATION STATE OF HAWAII BUREAU OF CONVEYANCES COMMISSION ON WATER RESOURCE MANAGEMEM CONSERVATION AND COASTAL LANDS DEPARTMENT OF LAND AND NATURAL RESOURCES CONSERVATION AND RESOURCES ENFORCEMENT ENGINEERING s P HISTORIC PRESERVATION DIVISION HISTTORICY7ESERVATtON Tare ptH°'Ta KAKUHIHEWA BUILDING, ROOM 555 KAHOOLAWE ISLAND RESERVE COMMISSION LAND 601 KAMOKILA BOULEVARD STATE PARKS KAPOLEI, HAWAII 96707 June 25, 2004 HAWAIA HISTORIC PRESERVATION Log: 2004.1804 DIVISION REVIEW Doc: 0406MM20 Applicant/Agency: Mr. Sidney Fuke, for Betty Wung Address: 100 Pauahi Street, Hilo, Hawaii 96720 Project: 6E-42 Historic Preservation Review, Request for Determination of "No Historic Properties Affected" Location: Waiakea Houselots, South Hilo, Hawaii Island Tax Map Key: (3) 2-4-038:016 1. We believe there are no historic properties present: _a. intensive cultivation has altered the land -x-b. residential development/urbanization has altered the land c. previous grubbing/grading has altered the 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 believL that "no historic properties will be affected" by this undertaking. LS Signed Date MaryAnn V B. Maigret, Assistant A-rchaeologist' Historic Preservation Division, Hawaii Island EXHIBIT PATRICIA HAMAMOTO SU ENOENT LINDA LINGLE GOVERNOR l~ STATE OF HAWAII [I~ ,IUL 7 Fin DEPARTMENT OF EDUCATION ` P ,O, BOX 2360-'i _ HONOLULU. HAWAI'1 06804 I\' OFFICE OF THE SUPEHINTENDEN r July 1, 2004 Mr. Christopher J. Yuen, Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 Dear Mr. Yuen: SUBJECT: Change of Zone Application, Six-Lot Residential Subdivision Waiakea Homesteads, South Hilo, TMK: 2-4-38:16 (REZ 04-016) The Department of Education (DOE) has reviewed the application for rezoning a 2.5-acre parcel for the development of six house lots. The DOE has no comment on the proposed application. Thank you for the opportunity to review and comment on the application. If you have any questions, please call Rae M. Loui, Assistant Superintendent of the Office of Business Services, at 586-3444 or Heidi Meeker of the Facilities and Support Services Branch at 733-4862. Very truly yours, Patricia Hamamoto Superintendent PH:jmb c: Rae M. Loui, OBS Valerie Takata, CAS, Hilo, Laupahoehoe/Waiakea Complex EXHIBIT 05;5-% AN() . I. AN AFFIRMATIVE ACTION AND EQUAL OPPORTUNITY EMPLOYER f SldneyFuke, Planning Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720• Planning • Variancz • Zoning Telephone. (808) 969-1522 • Fax: (808) 969-7996- r? • Subdivision • Land Use Permits J • Environmental Reports June 25, 2004 Mr. Christopher Yuen, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Yuen: Subject: Rezoning Request (REZ 04-016) - Betty Wang Waiakea Homesteads, South Hilo, HI. TMK: 2-4-38: 016 Thank you for providing me with agency comments to date regarding the subject matter. 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. 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. Please note that as the comments and responses did not appear to require further dialogue, a copy of this letter was not provided to those agencies. Should there be further questions/comments on this matter, please feel free to contact me. Thank you very much. Sincerely, i SIDNEY M. FUKE Planning Consultant Copy - Ms. Betty Wung w/ enclosures EXHIBIT j- SidneyFuke, Planning Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 • Planning • Variance • Zoning Telephone: (808) 969-1522 • Fax. (808) 969-7996 • Subdivision • Land Use Permit. • Environmental Reports July 8, 20 09~ ~U! pN Q$ Mr. Christopher Yuen, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Yuen: Subject: Rezoning Request (REZ 04-016) - Betty Wung Waiakea Homesteads, South Hilo, HI, TMK: 2-4-38: 016 Thank you for providing me with a copy of the Health 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 Department of Health's comments, at the time of building permit issuance, the prevailing wastewater requirements will be used. At this time, it would be a septic system. Should there be further questions/comments on this matter, please feel free to contact me. Thank you very much. mcereV I SIDNEY M. FUKE Planning Consultant Copy - Ms. Betty Wung w/ enclosures 0555-3.11 SidneyFuke, Planning Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 r • Planning • Variance • Zoning jw~ Telephone: (808) 969-1522 • Fax: (808) 969-7996 • Subdivision • Land use Permit. n~ • Environmental Reports July 17, 2004 Mr. Christopher Yuen, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Yuen: Subject: Rezoning Request (REZ 04-016) - Betty Wung Waiaken Homesteads, South Hilo, HI, TMK: 24-38: 016 Thank you for providing me with a copy of the Department of Land and Natural Resources and Department of Education's comments regarding the subject matter. We note that neither agency had any substantive comments or objections to the request. Should there be further questions/comments on this matter, please feel free to contact me. Thank you very much. ~incerely, DNEY M. FUKE Planning Consultant Copy - Ms. Betty Wung w/ enclosures RWungREZ.doc-8/6/04 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION BETTY WUNG CHANGE OF ZONE APPLICATION (REZ 04-016) 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 Agricultural 3-acre (A-3a) to Single-Family Residential 15,000 square feet (RS-15) to subdivide the property into six (6) lots. The six-lot layout was designed to accommodate a private road with an approximately 16-foot wide pavement. The applicant intends to include covenants incorporated into the deeds of the lots to prohibit the construction of an ohana or second dwelling. The applicant hopes to secure the necessary County rezoning approvals as soon as possible and begin the subdivision and development process immediately thereafter. Tentatively, plans call for the lots to be on the market by mid-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 Agricultural 3-acre (A-3a) to Single- Family Residential 15,000 square feet (RS-15) 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. 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 six lots is consistent with the Low Density Urban designation. The Land Study Bureau's Soil Rating is Urban and the ALISH Map identify the area as Existing Urban Development. This designation reflects the existing low-density residential development in this area of Waiakea Uka. 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 Agricultural 3-acre (A-3a), and lands to the immediate west are zoned Single-Family Residential 15,000 square feet (RS-15). 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. The property is a rectangular parcel approximately 2.511 acres in size and is located on the south side of Haihai Street, directly across Hoaloha Street. The intersection of Haihai Street and Kupulau Street is approximately 600 feet to the west. There is an existing dwelling occupied by the applicant's family. This structure will be demolished. Fruit trees and plants grow along the front and back portions of the site. The site slopes towards the rear at approximately eight percent. Although ohana dwellings are permitted in the County's Residential zoned district, a condition will be -2- included to incorporate restrictive covenants in the deed of all lots to prohibit ohana dwellings on the lots. The proposed lots will have access from Haihai Street, a County roadway with a 24-foot wide pavement with 3-4 foot wide shoulders within a right-of-way of 60 feet. Access to the lots from Haihai Street would be via a private road, consisting of a minimum width of 16 feet within a 32-foot wide right-of-way. Under this option, the private road would be constructed to County standards. Ina memo dated July 15, 2004, the Department of Public Works recommended the following: • full improvements to the entire frontage along Haihai Street consisting of, but not limited to, pavement widening with paved shoulder and swale including any required utility relocation. • the center line of the private street off Haihai Street serving the proposed subdivision shall align with Hoaloha Street and provide adequate sight distance. Individual lot access to Haihai Street should be prohibited. The private street shall provide access to no more than six lots and shall terminate with a suitable turnaround. However, in a follow-up email dated August 5, 2004, the Department of Public Works has amended the first sentence of this recommendation to read, "the private street servicing the proposed subdivision off Haihai Street shall provide adequate sight distance, meeting with the approval of the Department of Public Works." This amended recommendation was made because it would be physically impossible to align Hoaloha Street with the private street servicing the proposed subdivision without encroaching into the adjacent property. The revised recommendation will be included in the conditions of approval. All utilities and services are available to the site. According to the Department of Water Supply, water can be made available from an 8-inch waterline along Haihai Street. The applicant proposes to use septic systems, 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 -3- 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. All development generated storm run-off shall be disposed of on-site and not allowed onto adjacent properties or roadways. As the site has been cleared and used as a dwelling site for over 50 years, no commissioned archaeological survey of the site was conducted. By memo dated June 25, 2004, the DLNR-HPD has indicated that "we believe there are no historic properties present [because] residential development/urbanization has altered the land. Thus, we believe that no historic properties will be affected by this undertaking." 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 used as a dwelling site. There are introduced species such as citrus and lychee trees, bamboo, and gunpowder trees. 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. 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 -4- 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 has been cleared and used as a dwelling site for over 50 years. By memo dated June 25, 2004, the DLNR-HPD has indicated that "we believe there are no historic properties present [because] residential development/urbanization has altered the land. Thus, we believe that no historic properties will be affected by this undertaking." 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. 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 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, -5- 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 Agricultural 3-acre (A-3a) to Single-Family Residential 15,000 square feet (RS-15) 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. -6- MungREZ.doc-8/6/04 BETTY WUNG CHANGE OF ZONE APPLICATION (REZ 04-016) 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 private street servicing the proposed subdivision off Haihai Street shall provide adequate sight distance, meeting with the approval of the Department of Public Works. The private street shall provide access to no more than six lots and terminate with a suitable turnaround. Individual lot access to Haihai Street shall be prohibited. G. Restrictive covenants in the deeds of all proposed lots shall require the homeowners to maintain the private road. H. Install street lights, signs and markings, meeting with the approval of the Department of Public Works Traffic Division. 1. 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. 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 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. 0. 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 -2- 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 $9,671.44 per single- family residential unit. Based upon the applicant's representation of intent to develop a total of five (5) additional single-family residential units, the indicated total of fair share contribution is $48,357.20 for the additional single-family residential units. However, the total amount shall be incremental or reduced in proportion with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contributions shall be allocated as follows: 1. $4,663.74 per single-family residential unit for an indicated total of $23,318.70 to the County to support park and recreational improvements and facilities; 2. $224.98 per single-family residential unit for an indicated total of $1,124.90 to the County to support police facilities; 3. $444.36 per single-family residential unit for an indicated total of $2,221.80 to the County to support fire facilities; 4. $194.55 per single-family residential unit for an indicated total of $972.75 to the County to support solid waste facilities; 5. $4,143.81 per single-family residential unit for an indicated total of $20,719.05 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 -3- 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: 1. 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. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation. -4- COU i r OF nA STAB F OF HA -Vv A. BILL NO. (PLANNING DEPARTMENT) ORDINANCE NO. 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 FAMILY AGRICULTURAL (FA-3a) TO SINGLE FAMILY RESIDENTIAL (RS-15) AT WAIAKEA HOMESTEADS, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-4-38:16. 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 Hawai `i 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 Homesteads, South Hilo, Hawaii, shall be Single Family Residential (RS-15): Beginning at the northwest corner of this parcel of land, being the northeast corner of Lot 1, a portion Grant 8641 to Jennie L. Aona and on the south side of Haihai Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 16,262.54 feet South and 2,536.18 feet West, thence running by azimuths measured clockwise from True South: 1. 265° 40' 150.00 feet along Haihai Street; 2. 355° 40' 730.00 feet along Lot 917-A-1, being a portion of Grant 8641 to Jennie L. Aona; 3. 85° 40' 150.00 feet along Roadway Lot 11, a portion of Grant 8641 to Jennie L. Aona; 4. 175° 40' 730.00 feet along Lots 5, 4, 3, 2 and 1, being portions of Grant 8641 to Jennie L. Aona to the point of beginning and containing an area of 2.5138 Acres, more or less. -1- 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. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of I st Reading: Date of 2nd Reading: Effective Date: -2- A-10 A-fa A-fa - A-1a A-fa RS-10 N rn 00 "o - m AA a _ - - -c_ o Y S c - _ _ - = qqa A-la - 16,262.5 S-- R- al a $ . I A 1a A a A TI, Ala -la Hal aI 4-109 A-fa RS-15 R -15 A-3a o; 'n A-3a A-3a ° " ~ y F MILY GRIC LTU L (FA- a RS-15 ) - - SIN LE-FA ILY R SIDE TIAL (it RS- 5 2.51 ACS. A4a Ala A-3a h o M. W R -15 RS 10 I RS 10 - B- A-3a O A-3a A-3a 0 0 A-fa A-3a = m R,%15 R 10 RS 10 0 RA-. 5a A-fa RS-10 A-3a i " RS-10 > > - / Y RS f0 R -f0 A-la A-fa RS-10 Le ep u I. A-3a I R -f0 A-fa RS-10 A-3a W M a 440 BA0 1320 t 760 2,200 .1 AMENDMENT TO THE ZONING CODE 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 FAMILY AGRICULTURAL (FA-3a) TO SINGLE-FAMILY RESIDENTIAL (RS-15) AT WAIAKEA HOMESTEADS, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK: 2-4-038.016 Date. Juric 15, 2004 EXHIBIT "A" (Betty Wung.1143)