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HomeMy WebLinkAboutCOM 0465.000 2004-2006 ~tY N~ Dixie Kaetsu Harry Kim Mayor ~ • Managing Director Peter L. Hendricks ••h oi~N~•~' Depery Managing Director COUNTY OF HAWAII 25 Aupuni Street, Room 215 Milo, Hawaii 96720-4252 (SOR) 96I-8271 Fax (808) 961-6553 KONA: 75-5706 Koakfni Highway, Suite 103 Kailua-Kona, Hawaii 96740 (ft08)329-5226 • Fax (808)326-5663 September 20, 2005 Honorable Stacy Higa, Chairman and Members of the County Council County ofHawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Higa and Members: Change of Zone Application (RBZ OS-002) Applicant: State of Hawaii, DLNR Request: Open to MCX 1-acre Tax Map Key: (i-1-3:15 ? Change of Zone Application (REZ OS-009) Applicant: Johanna Leaird Revocable Living Trust Request: RM-1 to RM-10 Tax Map Key; 2-6-8:portion 22 Amendment to Chapter 25 (Zoning Code} Re• Plan Approval and Landscaping As required by Chapter 4, Sec. 6-43(C), Hawaii County Charter, transmitted herewith for the County Cowrcil's consideration and action are the Planning Commission's letters and enclosures regarding the above-referenced requests. Sincerely, "I 1kA. ~;.v J Y. Harry Kim Mayor C,~ Enclosures cc: Planning Department Comm. No. l' ~ 5 ~ > Hawaii Counts is an Equal Opportunity Provider and Employer Ref. TO: G Raf. Cate QCT 2~~5 ~v,w C:- •.4 County of Hawaii PLANNING COMMISSION Aupuni Center • 101 Pauehi Sheet, Swle 3 • Hilo, Hewai'i 96720 Phone (808) 961-R288 • Fax (808) 961-8742 September 20, 2005 Stacy Higa, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairnan Higa and Council Members: Change of Zone Application (REZ OS-009) Applicant: Johanna Leaird Revocable Living Trust Request: RM-1 to RM-10 Tax Map Key: 2-6-8:oortion 22 The Planning Commission, after a duly held public hearing on September 2, 2005, voted to recommend for your approval the proposed legislative bill to change the district classification from a Multiple Family Residential 1,000 square foot (RM-1) to a Multiple Family Residential 10,000 square foot (RM-10) district. The property is located along the west side of Wainaku Street, adjacent and north of Dodo Mortuary, Puueo, South Hilo, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The applicant has submitted an application for a Change of Zone for approximately 0.55 acre of land from aMultiple-Family Residential 1,000-square foot (RM-I) to aMultiple-Family Residential 10,000-square foot (RM-10) district in compliance with Condition B of Change of Zone Ordinance No. OS-105. The applicant is proposing to develop atwo-story residence (pole house), a Japanese Tea House with Bath House and amulti-story unit with five bedrooms for a Bed and Breakfast operation on the subject property. The applicant recently conducted a land exchange with Kamehameha Schools that required State Land Use Boundary Amendments and Change of Zones for both properties involved in the exchange. The Planning Director previously recommended that a portion Hawaii County is an Equal Opportunity Provider and Employer Stacy Higa, Chairman and Members of the County Council Page 2 of the applicant's property he rezoned to RM-]0 instead of RM-l. The RM-10 zoning would prevent future development of the property with apartments or condominiums, thus preventing a larger development in an area not suitable for the expanded use. A condition was added in the previous change of zone (Ordinance No. OS-105) requiring the applicant to rezone the remainder of the property from RM-1 to RM-10, thereby preventing split-zoning of the property. ]n 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 a comprehensive policy analysis approach that evaluations and decisions can be made to better time or stage developments to achieve quality growth. The implications of these evaluations and decisions must also be considered as they may have an impact on other similar areas in the County. The proposed change of zone from aMultiple-Family Residential (RM-1) to a Multiple-Family Residential (RM-10) zoned district will conform to, among others, the goals, policies and standards of the following General Plan Elements: LAND USE • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. • Zone urban- types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. ECONOMIC • Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. Stacy Higa, Chairman and Members of the County Council Page 3 • Economic development and improvement shall be in balance with the physical, social and cultural environments of the island of Hawaii. • Provide an economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural and social environment. The proposed request will provide the applicant with an economic environment that will allow the opportunity to construct anon-profit bed and breakfast operation for blind and disabled visitors. The retreat would offer ADA lodging and educational classes. Tlris would also create a new economic opportunity for the Big Island of Hawaii. 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 land use pattern for areas within the County. The proposed request conforms to the LUPAG Map which designates the project area as Medium Density Urban Area. This designation allows for village and neighborhood commercial and single family and multiple family residential and related functions (multiple family residential-up to 35 units per acre). The request also conforms to the 1975 Hilo Community Development Plan Land Use Concept Map, which designates this area for multiple-family residential uses. The project site is situated within close proximity to schools, commercial areas, employment centers and public safety services. The project site is located inclose proximity to the urban retail/employment center of Hilo. Therefore, the reclassification conforms with the General Plan which encourages urban developments inclose proximity to existing developments and to existing services and facilities. All utilities and services are available to the property. Access to the property will be from Wainaku Street, which is a 29-foot paved County road within an approximate 60- foot right-of--way width. Water can be made available from the existing 8-inch waterline. All other essential utilities or services are or will be made available to the development. There is no severe geological or topographical problems for the property that cannot be properly rectified or which would render the land unusable. According to the Stacy Higa, Chairman and Members of the County Council Page 4 Flood Insurance Rate Map (FIRM) prepared by the Federal Emergency Management Agency (FEMA), the project area is within Zone X, area determined to be outside the 500-year flood plain. The project area is also located outside of any tsunami inundation area. Both requests are not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is not situated within the Special Management Area. It is located approximately YZ mile from the nearest coastline and will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources, historic resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the area. Thus, the proposed request and use of the property will not adversely impact those resources. Because the property has been previously used for farming of ginger and taro in the past, it is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject property. Presently, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of known valued cultural, historical or native resources in the area. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Both requests will not have a significant adverse impact to traditional and customary Hawaiian 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: Lwesti~ation 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: As the property has been used for agricultural purposes in the past and is located on steep terrain next to the Pukihae Stream, an archaeological inventory survey of the site was not conducted. A condition will be included to require the applicant to cease any activities on the site and notify the Planning Department if any unanticipated archaeological features or sites are discovered during the course of improving the site. Stacy Higa, Chairman and Members of the County Council Page 5 Possible adverse effect or imyainnent of valued resources: 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 immediate area. Therefore, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed request will not affect traditional Hawaiian rights, and no action is necessary to protect these rights. The subject property does not abut the shoreline, therefore Hawaiian gathering and fishing rights is not an issue. Based on the above findings, the above request to reclassify the subject property would result in an appropriate land use pattern. 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, red Galdones, Chairn~an Planning Commission LI cairdred)5-009tl2 PC Enclosures cc: Ms. Johanna Leaird Department of Public Works Department of Water Supply Department of Land & Natural Resources-HPD/Kona BLeuird-REZOS-009.jwd OR-03-05 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT JOHANNA LEAIRD CHANGE OF ZONE APPLICATION (REZ OS-0091 JOHANNA LEAIRD has submitted an application for a Change of Zone for approximately 0.55 acre of land from aMultiple-Family Residential 1,000-square foot (RM-1) to aMultiple-Family Residential 10,000-square foot (RM-10) district. The property is located along the west side of Wainaku Street, adjacent to and north of Dodo Mortuary, Puueo, South Hilo, Hawaii, TMK: 2-6-8: portion of 22. APPLICANT'S REQUEST 1. Request: The applicant is requesting a Change of Zone from aMultiple-Family Residential 1,000-square foot (RM-1) fo aMultiple-Family Residential 10,000.square foot (RM-10) district for approximately 0.55 acre of ]and. The applicant is proposing to develop atwo-story residence (pole house), a Japanese Tea House with Bath House, and a multi-story dwelling with five bedrooms for a Bed and Breakfast operation. 2. Reasons for Request: The applicant recently conducted a land exchange with Kamehameha Schools that required State Land Use Boundary Amendments and Change of Zones for both properties involved in the exchange. Condition B of the Change of Zone Ordinance No. OS-105 required that the applicant (Leaird) submit a change of zone application for the remainder of TMK: 2-6-008: 022 from Multiple-Family Residential 1,000-square feet to Multiple-Family Residential 10,000 square feet (RM-10) within six (6) months from the effective date of the ordinance, which is June 17, 2005. The app]icant has submitted the request in compliance with this condition. (See Exhibit B - Change of Zone Ordinance No. OS-105) 3. ConsolidaNonlResubdivision (SUB 2004-0165): The applicant and Kamehameha Schools have submitted a consolidation/resubdivision application to complete the land exchange. As of the date of this writing, the application is still pending. 4. Supporting Information: The applicant has submitted the attached in support of the request. (See Exhibit A -Change of Zone Application) -1- ATTACtl: Catcm. 465 (Bill 158 ) STATE AND COUNTY PLANS 5. State Land Use ClassiFcation: Urban. 6. County Zoning: Multiple-Family Residential-1,000 square feet (RM-1). 7. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Medium Density Urban, which allows For village and neighborhood commercial and single family and multiple residential and related functions (multiple family residential-up to 35 units per acre). 8. Hilo Community Development Plau: Adopted on May 21, 1975 by Planning Commission Resolution No. 1, the Plan designates the area for multiple-family residential uses (RM-4). 9. 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 shoreline, scenic and open space resources, coastal ecosystems, marine resources, economic uses, coastal hazards, managing development, public participation, and beach protection. 10. Special Management Area (SMA): The project site is not located within the County SMA boundary. The property is located less a %2 mile from the closest shoreline. DESCRIPTION OF THE PROPERTY AND SURROUNDING AREA 11. Property: The property is located on the mauka (west) side of Wainaku Street, directly across from the intersection of Wainaku Street and Halaulani Place. From Wainaku Street, Leaird's property runs mauka next to Pukihae Stream along a steep gulch. After the consolidation and resubdivision is finalized, Leaird's property will be 1.01 acres in size. There are no existing structures located on the property. 12. Surrounding Land Uses/Zoning: To the south and east (makai) are properties zoned Multiple-Family Residential (RM-1), which are developed with apartments. Dodo Mortuary is also located near the properties to the south. To the west (mauka) and northwest are larger agricultural properties zoned A-20. To the northeast are properties zoned Single-Family Residential (RS-10 and RS-15), which are developed with single -2- family dwellings. 13. U.S.D.A. Soil Survey Report: Rough Broken Land (]tB). It is described as a miscellaneous land type that consists of very steep, precipitous land broken by may intermittent drainage channels. It occurs primarily in gulches, and the slope is dominantly 35 to 70 percent. 14. Land Study Bureau: "E" or "Very Yoor." 15. ALISH Map System: Unclassified. 16. Flora/Fauna Resources: Although no flora and/or fauna study was done, the topographical map shows that the property consists mainly of African Tulip trees, Gunpowder trees, and Palm trees. There has been some landscaping along Wainaku Street. No endangered or threatened species of floral or fauna aze anticipated to be found on the project area. 17. Cultural/ArchaeologicaUHistorical Resources: The proposed requests are not expected to have any adverse effect on azchaeological resources as the project area was previously utilized for agricultural purposes. 18. Flood Insurance Rate Map (FIRM): Zone X, area determined to be outside the 500- year flood plain. The project area is also located outside of any tsunami inundation area. PUBLIC FACILITIES AND UTILITIES 19. Access: Access to the property will be from Wainaku Street, which is a 29-foot paved County road within an approximate 60-foot right-of--way width. There are curbs, gutters and sidewalks along the makai side of Wainaku Street directly across the property, as well as along Halaulani Place. 20. Water: According to the Department of Water Supply, water can be made available from the existing 8-inch waterline. However, as the applicant intends to establish a bed and breakfast operation with a tea house, the Department requests that the applicant submit the anticipated maximum daily water usage as recommended by a registered engineer. 21. Wastewater: No municipal sewer line extends to the area and therefore, wastewater disposal would be required to meet the approval of the Department of Health. 22. Other Essential Utilities and Services: Electricity, cable and telephone are available to -3- the site. Police and fire facilities are located in Hilo, which is approximately 2 miles from the subject property. AGENCIES' COMMENTS 23. Police Department (July 20, 2005 Memo): "Staff, upon reviewing the provided documents and visiting the proposed site, does not anticipate any signiftcant impact to traffic and/or public safety concerns in the Wainaku area." 24. Department of Health ((July 14, 2005 Memo): "The Health Department found no environmental health concerns with regulatory implications in the submittals." 25. Department of Public Works: (See Exhibit C -July 22, 2005) 26. Department of Water Supply: (See Exhibit D -July 25, 2005 Memo) 27. Fire Department: (See Exhibit E -July 5, 2005 Memo) AGENCIES-NO COMMENTS 28. Office of Housing and Community Development AGENCIES-NO RESPONSE 29. Department of Land and Natural Resources-Land Division and Historic Preservation Division. PUBLIC COMMENTS 30. As of this writing, The Planning Department has not received any written objections or comments from the general public or adjacent landowners on the subject application. -4- CHANGE OF ZONE APPLICATION COUTNY OF HAWAII PLANNING DEPARTMENT APPLICANT: Johanna Leaird (Revocable Living Trust APPLICANT'S SIGNATURE; - `DATE: OS-18-OS ~1~1 ADDRESS: P. O, Box 836, Hilo, Hawan 96721 LIST APPLICANT'S INTEREST IF NOT OWNER: This application is for Johanna Leaird TMK 3-2-6-8-22 LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: Johanna Leaird from Johanna Leaird Revocable Living Trust PHONE: 808-327-0122 Cell 808-989-4266 Em.~~/'jj)1:~ybi~rdsbl~ossoms@aol.com LANDOWNER SIGNATURE(S): N ~ ATE: OS-18-OS LANDOWNER(S) ADDRESS: P. .Box 83'61,/ Hilo, Hawaii 96721 REQUEST: TMK 3-2-6-8-22 Leaird's property to be rezoned from RMl to RM10 TAX MAP KEY: Leaird's TMK 3-2-6-8-22 STREET ADDRESS OF PROPERTY: 289 Wainaku Street, Hilo, Hawaii 96740 SIZE OF PROPERTY OF AFFECTED AREA(S) TO BE REZONED: Leaird's property currently is .59 acres and zoned RMl. Leaird is in the process of trading 1,771 sq.feet to Kamehameha Schools for 20,084 sq. feet to move an existing easement. Ms. Leaird's property needs to be rezoned from RMl to RMI O. This is a requirement from the County Planning Department of Hawaii and Ms. Leaird has agreed to follow through with the rezoning. AGENT: Johanna Leaird Revocable Living Trust ADDRESS: P. O. Box 836, Hilo, Hawaii 96721 TELEPHONE: 808-327-0122 or 808-989-4266 and E-mail birdsblossomsla~aol.com ORIGINAL: Johanna Leaird COPIES: Johanna Leaird EX BIT B,aekground and County Environmental Report Attachment to Change of Zone, Project District and Agricultural Project District Applications Please use this form as a guide for required information to be included in your Change of Zone Project District or Agricultural Project District-Background and County Environmental Report. A. SUBJECT REQUEST a. Project description: TMK 3-2-6-8-22 is located at 289 Wainaku Street. If you head north on Wainaku Street out of Hilo you will pass DODO Mortuary and cross a bridge and hit a big bend in the road. Ms. Leaird's property is located on the left hand side of the road starting at the middle of the Pukihae Stream following the bend in the road towazd the flume. b. Statement of objectives and reasons for the request: Johanna Leaird and Kamehameha Schools are in the process of completing a land exchange and one of the conditions of the County Planning Department was for Ms. Leaird to change her property's zoning from ItMl to ItM10. c. Number of acres/square feet: Johanna Leaird's property is .59 acres of which 1, 771 square feet is being exchanging to Kamehameha Schools to relocate an existing easement and to develop a new access road for Kamehameha Schools.. Kamehameha Schools in turn will give Leaird 20,084 square feet to develop a build able lot with proper building setbacks. Once this is completed Ms. Leaird will have 1.01 acres of land on Wainaku Street. d. Proposed units lots/floor area of proposed building envelope: The primary structures for Ms. Leaird would include atwo-story residence on poles, a Japanese Tea House with Bath House for entertaining and a multi- story unit with five bedrooms and a linen room for the Bed 8c Breakfast. The current design for the primary residence will be 2,128 square feet, 1,840 squaze feet on the bottom floor, 288 square feet on the top floor and 24+ feet in height. The Japanese Tea House with Bath House for entertaining on poles measures 24' x 38', a total of 912 squaze feet and 18+ feet in height. The five bedrooms and linen room for the Bed & Breakfast are still in the planning stages and measure 20' x 20' per room e. Timeframe and cosd: Ms. Leaird will be investing $270,000 in the construction of her primary residence. She will start construction immediately and hopefully it will take approximately 12 months. The Tea House and Bath House for entertaining will costs approximately $100,000 and the five bedrooms and linen room for the Bed 8~ Breakfasts wil? costs approximately $300,000. Keep in mind the Bed ~c Breakfast is Non-profit so Ms. Leaird must raise the *Sratds, "1'he c~~crall praie^t has a five-year v?indow for comnletiosz- f. Membership size/number of employees and clientele: Birds & Blossoms Retreat will have 5 bedrooms and a linen room. One unit will be used for the resident manager. The resident manager will be a full time employee. There will be two part time housekeepers. Other employees will beself-employed and will visit the retreat. g. Parking arrangement: Ms. Leaird has been working with the County Planning Department. It has been determined that six parking stalls will be required at this time. This would cover Ms. Leaird primary residence and one bedroom used for the resident manager. One stall must be designated ADA. h. Traffic impacts (assessment of ezisting traffic, conditions, anticipated increase in traffic and traffic impacts from proposed use): Lot TMK 3-2-6-8-22 borders Wainaku Avenue and is the only access to the property. Wainaku Avenue is 20' wide paved asphalt County road in relatively good condition. There will be some increase in traffic, however, nothing that would pose a threat to the community. Ms. Leaird does not drive and will be using taxis for pick up and drop off. She does not travel frequently; therefore, it is hazdly an increase in traffic. Most of the guests visiting the Retreat will probably travel by taxis and many of them will be shazed rides and there will be limited service. The traffic flow would be similaz to a single family residing at the property full time. i. Other related information: None. j. Proposed on-site and off-site infrastructure: Currently there are no existing structures. Ms. Leaird installed a chain link fence along Wainaku Avenue and landscaped along the fence. Wainaku Avenue is a main paved County road. All utilities including water, electricity, and cable run directly on Wainaku Avenue in front of the TMK 3-2-6-8-22. B. CONFORMANCE WITH STATE/COUNTY PLANS 2, State Land Use designation: x ~~ir~l's ~r±~pertq~ is considered Urban. 3. How the proposed use is not contrary to Chapter 205A, Costal Zone Management (existing public access, scenic or open space resources, coastal view planes, and coastal ecosystems): The properly is not located within the costal zone management plan. Therefore, it is not applicable. 4. Applicable goals policies and objectives of the General Plan: Ms. Leaird is applying for a use permit and will be asking for a lesser use of the land. The property is currently zoned RMI and will be rezoned RM ] 0 after the rezoning and consolidation is approved. 5. General Plan designation (LUPAG Map): The property is considered urban and medium density. 6. Zoning: Leaird's property is zoned RM 1. The County is requesting Ms. Leaird to change her zoning to RM 10. 7. Community Development Plan: The property is not within the community development plan, therefore, it is not applicable. 8. Special Management Area: The property is not within the special management azea, therefore, it is not applicable. C. PHYSICAL CHARACTERUSTUCS AND ENVIRONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA .Physical Characteristfcs/Environmental Setting: 9. Description of subject property, location, climate, topography, slope, soils (including size, shape, existing structures): Description (Size, shape, existing structures) Leaird's property is ,59 acr~;s, pie shaped with no existing structures. Ms. Leaird installed a chain link fence along Wainaku Avenue. Ms. Leaird will be ~xr„hanging 1,??I square feet 3s. !Bishop Estate for 20,084 square feet along ~h arukihae ;cream. A This exchange of property will provide access for Kamehameha Schools and relocate an existing easement. Location Leaird's property is located north on Wainaku Avenue heading out of Hilo. Pass Dodo Mortuary and cross the bridge. The property starts at the middle of the Pukihae Stream and borders Wainaku Avenue to the flume. Climate Property is located in Hilo. Topography Imata &c Associates completed topography for TMK 3-2-6-8-22. Slope Leaird's property has an extreme terrain. Please refer to topography map. Soils Soils test included. Lava Hazard Zone: I contacted Hawaii Volcano Observatory and talked with Ms. Chrisinta Heliker at 967-7328. She said TMK 3-2-5-6-8-22 is located in a very low hazard zone number 8. 10. Distance from coastline: The property is approximately 3. l Oths of a mile from the coastline per Ms. Christina Heliker at the Hawaii Volcanoes Observatory. 11. Agricultural Lands off Importance in the State of Hawaii (ALISH) designation: Not applicable. 12. U.S.D.A. Natural Resources Conservation Services Soil Service Report soil type: I spoke with Harry with the Department of Agricultural at 933-9353 or 933-$3$ I. ^~he snil test data i= incl_~aded vF.~ith the repori. 13. Land Study Bureau soil rating: The data is attached to the report. 14. Flood Insurance Rate Map (FIRM) designation: (Contract Department of Public Works, Engineering Divison): Letter from Public Works attached. The property is located in FIRM Flood Zone X. 15. Existing drainage ways or improvements: The property is located directly next to Pukihae Stream outside of Hilo. 16. Air/noisehvater quality: Not applicable. Historic Resources: 17. Existing archaeological cultural or historic sites on National Register or Hawaii Register: (Contact Department of Land and Natural Resources) For the following three questions I talked with Harry at the Department of lcmd and Natural Resources. He stated he only had information regarding State Lands and advised me to contact Sidney Fuke a professional consultant. I talked with Mr. Fuke about both properties and this is the outcome of our conservation. There are no Archaeological findings on TMK 3-2-6-8-22. For many yeazs the property has been used for farming and agricultural purposes. Therefore, there are no archaeological findings on the property. There is a gravel road crossing the property, thus, it could indicate that at one point in time the farmers in the local area used the road frequently for agricultural purposes. I spoke with the Historical Department in Kona. They advised me if we run into burial remains we are to stop our project and contact the Kona office immediately. Natural Resources: 18. Existing floraUfaunal resources (any native or exotic plants; any listed or candidate for endangered species): Topography was conducted March 2003 on lot TMK 3-2-6-8-22. Please look at ~."nc t~xsoQrat~h ~ to sec the floral and faunafl. 19. Scenic or coastal resources: Non-applicable, the properly is not on the coast nor does it have a scenic view. It is however, located next to the Pukihae Stream. l~alued Cultural Resources: 20. Identify any traditional and customary native Hawaiian rights that are exercised in the area; the extent in which the proposed development will affect these rights; and feasible action to be taken to protect native Hawaiian rights if they exist. Not applicable. Since, the property has been used for agricultural purposes for many yeazs, it is our conclusion that there aze no valued resources on the lot. Once the Bed 8c Breakfast is built, guests at the retreat may take classes in exploring other cultures and agricultural exploration. Public Access: 21. Existing public access to and along the shoreline or to mountain areas and knowledge of public access being used: Not applicable, property is not located along the shoreline or in the mountain azeas. Sacial-Economic Characteristics: 22. Social settlement pattern for the area: Urban fully developed azea. 23. Economic resources of the area: Fully developed urban residential area. 24. Land values: Leaird's property appraised at $90,000 in February 2003. Surrounding lands: 2~. Lo®d use: Fully developed urban residential area and agricultural farming. 26. honing: Leaird's Property is zoned RMl and needs to be rezoned RM10 per the County's request. D. PUBLIC FACILITIES AND SERVICES 27. Description of access: (paved or unpaved; private or county, right of way and pavement width. If private road, submit evidence of legal access rights): Wainaku Avenue is a 20 foot wide paved County road. Leaird's property will have a concrete driveway and pazking area. 28. Availability of water: Water is available on Wainaku Avenue and is installed within the County Right of Way at TMK 3-2-ti-8-22.. 29. Sewage disposal: Ron Nickel is a civil engineer in Hilo. He will be designing a septic sewage disposal system for TMK 3-2-6-8-22. He has already checked with the Department of Health as to the best product and procedure to use for this building site. 30. Solid waste: Ms. Leaird will hire a private company to remove solid waste. 31. Police & Fire Protection: The police satellite station is located on Wainaku Avenue with a couple of miles from Leaird's property. Afire hydrant is located on Wainaku Avenue across from Leaird's property. Schools: 32. Parks: A small pazk is located next to Dodo Mortuary, south of Leaird's property. "s3. Other uKtilities and sea°vaces ~telephoneieleetrieity~: ~'°l~phor,c, ~sblN cl°~°tri+vi~r ~aze located alonfi ~Alaiaiakai A4~crue. E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS 34. Relationship between local short term uses of environment and maintenance and enhancement of long-term productivity: Leaird will be building immediately. She is in the process of installing the water and electrical. Imata & Associates aze in the process of redoing a topography map and Ron Nickel will soon be designing the septic system. 35. Mitigative measures proposed to avoid, minimize, rectify or reduce impact: People will be traveling to the Bed & Breakfast and most of the clientele are handicapped and will arrive by taxi. There will be limited traffic increase. For those of us walking, there will be a sighted guide and we will be traveling as a group. 36. Alternatives to the proposed development: The property has been zoned RMl since approximately 1967. Ms. Leaird will be building to a lesser degree. The property needs to be rezoned RM10. 37. Irreversible and irretrievable commitments of natural resources that would be involved if proposed action implemented: The zoning needs to be changed from RMl to RM1Q which ismulti-residential. With this in mind, the azea will be managed and not the population and therefore it will be more productive. F. AGENCIES-COMMENTS 38. You may consult with the following agencies and include discussion in your report or attach their written comments regarding your proposal. a. Department of Public Works: bo Department of Water Supply: c. Police: d. Fire: e. Department of Finance-Real Property Tax Division: f. State of Hawaii Department of Land and Natural Resources-Historic Preservation Division. (If your parcel is in its natural state and has not been cleared previously): g. State of Hawaii Department of Transportation-Highways Division: (If applicable): ia. State of Hawaii Department of Health: i. State of Hawaii Department of Agriculture: (Agricultural lands) j. Community groups/individuals, Civil Defense Office of Housing and Community Development, KailuaVillage Design Commission, State of Hawaii Reai Estate Commission, and State of Hawaii Department of Human Services: (if applicable) ATTACHMENT Ctrange.of zone from RMl to RM10 for lot TMK 3-2-6-8-22 (Johanna Leaird Revocable Living Trust). This is a requirement required by the County of lIswaii in relationship to another Rezoning between Leaird and Kamehazneha Schools. PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE I. If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? No If yes, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? (See attached diagram) b. Into what lot sizes? (See attached diagram) 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? 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 azea, do you intend to: a. Sell or lease the land to someone who has firm plans? No b. Sell or lease the land to someone who has tentative plans? No c. Sell or lease the land to someone who has no plans? No d. Keep it? Yes e. Other (please explain) Yes I will be building aNon-Profit B&B for the disabled as well as my own home. £ If you intend to do either a, b, c, please elaborate on the kind of plans the other pazty 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. loTA 3e What specific building plans do you have for the subject land? Include in your ,~iswi;r the fi~llowing: twc of building, apartment, office. launderette, ctc. t''inancing arrangement, timetable for construction; and any other information, which you feel might help us in evaluating your request. Yes The primary structures for Ms. Leaird would include a two-story residence on poles, a Japanese Tea House with Bath House for entertaining and a multi- story unit with five bedrooms and a linen room for the Bed & Breakfast. The primary residence for Ms. Leaird will be 2,128 squaze feet, 1,840 square feet on the bottom floor, 288 squaze feet on the top floor and 24+ feet in height. The Japanese Tea House with Bath House for entertaining on poles measures 24' x 38', a total of 912 square feet and 18+ feet in height. The five bedrooms and linen room for the Bed &c Breakfast aze still in the planning stages. The approximate size per room is 20' x 20'. Ms. Leaird will be investing $270,000 in the construction of her primary residence. She will start construction immediately and hopefully it will take approximately 12 months. The Tea House and Bath House will costs approximately $100,000 and the five bedrooms and linen room for the Bed & Breakfasts will costs approximately $300,000. Keep in mind the Bed & Breakfast is Non-profit so Ms. Leaird must raise the funds. The overall project has afive-yeaz window for completion. 3. Have you performed any study, which would demonstrate a need for your proposed building and or development? Yes If so, please elaborate on your findings in the space provided below? Hawaii State Department of Tourism has reports showing the need for ADA lodging and programs. Birds and Blossoms Retreat and Johanna Leaird are trying to fill a niche mazket that is desperately needed in the community as well as the State of Hawaii. 5. Have you performed any study, which discusses the environmental impacts your request would have on the surrounding azea and or the County? No If so, please elaborate on your findings in the space provided below. 6. Are there any buildings on the subject azea? No If so, what kind? 'What do you intend to do will[ those buildings iY your request is approved°? 7. ds the subject land currently being used for any agricultural activity? No It so, please iist the kinds of products grown and on how many square reel or acres of land per product. 8. To your knowledge, has there been any flooding and or drainage on the subject azea? No If so, please describe the problem. 9. Do you think that the roads leading to the subject azea need improvement? No Is the road adequate for the proposed traffic volume or load? Yes However, people drive very fast on Wainaku Avenue azound the bend in the road. I would recommend putting a stop sign and crosswalk on the north side of the fume on Wainaku Avenue for people who are heading south into Hilo. Also, put a stop sign before the bridge for those people traveling north out of Hilo. This would slow down the traffic and allow people in the community to cross the road safely. IO.What sort of governmental assistance and or improvements do you feel will be needed in the subject azea when developed? a. Schools No b. Roads No c. Sewer No d. Drainage No e. Police Protection No f. Fire Protection No g. Recreational Facilities No Public Utilities No i. Other For those checked "yes," please elaborate what type or kinds of improverxaents and or assistance are needed. h 'd hTos~r Yalta perforn,cd apgy~ historical sites shady and ox saaa°arey of the subje6t area? Yes irnaia do Hssociates performed a survey un iiae ioi. iduilung artat ui the urdinairy was detected. If so, what were the results? Please, also submit a copy of the study together with this change of zone supplement. No historical study was performed Signature: h'~ Johanna Leaird Address: P.O. Box 836 Hilo, Hawaii Telephone: 808-989-4266 or 808-327 Date: May 18, 2005 &Jnited States PYatural ~e~arttsaent ~i Resources Agriculture Conservation Service Non-Technical Descriptions . Soil Survey Area: Island of Hawaii, Hawaii ;Survey Status: Out-of-date Correlation Date: OU01/1968 Distribution Date: 11/21/2001 Description Category: SOS This unit consists of very steep land broken by numerous intermittent drainage channels. These soils aze variable. They are 20 to 60 inches deep over soft weathered rock. Some areas of rock outcroA, stones, and soil slips aze common. It occurs in gulches and on mountain sides. Elevations range from'neaz sea level to 3000 feet. Rainfall is 25 to 200 inches. Description Category: SOI This land type consists of very steep, precipitous land broken by many intermittent drainage channels. It occurs primarily in gulches, and the slope is dominantly 35 to 70 percent. The soil material ranges from very shallow to deep. Stones and rock outcrops are common in some aeeas. Tne Natural Resources Conservation Servke May 26, 2004 is an agency of the United States Department of Agriculture AN EQUAL OPPORTUNITY EMPLOYER ,1 ~ I P<~uacAa C ~ A~u ~ k sez _ ia.~TT...~ _ na.a~~.~M.d~'~,~.~...~FV®.~~~~.. I ~ut:o ~l~_ V ~ 1 1165 Pr\~'~'' _ ~ 1 ~J~~~ bN" Kahga Kahoa Pl ; ' u~„~r~ sx~m PI q~ - I _ _ _ ~ wa r r,,. no,..e ' - ~ unpawE _ ~ O - - - - - - - ~ - - - ~`aj7pa coos p _ \ . - A , »'v - i _ _ _ c 1 ~ N k ,r. a, 1 ~ ~ l~+", . nl ~ "d Afae S t° ' i ~ Sbd ~ ~frt's. Nd ` f r 1 In. N, J_ ~ Cp ~.Y iN dlnc . ~ _ CcTM 'tF a ~•S ~ an aved •'qqI 7 1' , ~ J r ,'r -tl -E ~~=1 i ~ 905 ff \ I 1 G V I t` I [Yainaku ~ ~I % ~1 ~ . ~ Farms y , _ m Nplrprno Kulana Kea Dr a' Iln, paved f J m - H~ep ~ 1 I ~ /n. paved . , }{~1O ' • 1. Haulele Ln ~ ES Elem. 4 school ~ -f Ika a PI r Hale una Ln ,a° pq° ~ Kula pl Rd ~ 3 Haiapepe Ln 1~~ ° ~ Mo%no terra c n~ ~°o„eq, qp WAINAKU o nua A ama~ 676 Rd r!?; ti R WainaAa Ln of 1.;~ -.1 ~ Camp / 668 C°~ i ~ 622 "'ao kaiq, Minoaka Pl °ea~ \ fkf Rrf bamer ahai Pl~ Oh a ` Llanle Ln I m _ S ' - _ 8 e ~J as f - _ _ _ _ e' ~a Hau ~ Aleslea Pt.. P r i;; _ f -t _ _ i..: s t~'` - - - ' - - _ - - , ~ chaff 494 Ji - - gaa ~ha Ln „r e ~ - - - - - rofi Halaulani Pl ~o~ Pukihae Stream ~ fi ~1 ~ ~i T i L "1 ~ d4,. , `.5 ' Bayshnre ~1 ~2 MIL>~ ~ ~Pa~ G Kauila `~\Gowan`~a+r [t ~ I i Scc Pagc 19 ; n I n`v+~Q a(i: ee[ r~, [I ~f~ r d ~I ]f 9 ~i[ p i I U 9P e[ ~3 5 IIIIPf1'~'[~[1~I~Ip~~p F~ i PfPi ~ it ~ ~ii it i . ? / .I f ~ ~ ~ ~ I_ - - , ~ F t ~ ( 4 t t I /t - i ' -~i l~ ~ nl , F I,~ [ f ,r a 1 ~ lug ~ ~1 eli :I ? L v y ~ I I wl - - ( ~ ~ q:+l r- oos I - ~x f) m /I ~ ~ ~ I i d Inl 1 J I~ : n ~a I Jy ~ ~ - 3 Eo 91 I i~ I ~ I ~ / h I i~r _ 3 I yy r ~I 11~ 1 F _ [ 16 it i l ~ ~ q ~ _ ~ ~ ~ ~r'+ I j ~ , i i~~~ I I L i ~ ~ Is', ~ _ i x9 ,1 ~ ~ til 1 r s f ~ I 1 1 I', i f • i' ~i ~ i h~ 0- y p''i7 - ~1s~ ~~T~ ~ ~ ~r ~ ~ xt ~ ~^,n r ih ~I ~ i 6 _ R_ f n ~ r,~ ~ i~ ~ ~ x Y ~ 1 'T ~ ~ / ~ 6.~ ~'.~Y/ ' T Y~ ' / ~ / i.[1 I ~ ~ - ,i , 'll ~~"R71~~~~~,i~ ~ 4_~.._ i=~~.~_ [ I\l ar~ v'~ ~ i ~ ~l ~~i ,:r _ i j 12ELONF' DESCRIYTTON LAND SITUATED AT KALALAU, SOUTH HILO, ISLAND OF HAWAII, HAWAII. 7 ~ . Being a porcion of Royal Patent 4475, ~ Lsnd ~,rmn~iission Award 7713, Apana 17 to V. Kamamalu. j Being also a portion of Lot B. Beginning at the northwest corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAP', being 5,643.93 feet North and 1,016.71 feet East thence running by azimuth measured clockwise from true South: 1. 265° 00' 46.89 feet along the remainder of Lot B; 2. 355° 00' 30" 33.16 feet along Wainaku Street; 3. Thence along same on a curve to the left with a radius of 134.02 feet, the chord azimuth and distance being: 318° 35' 15" 159.14 feet; 4. 282° 10' 41.00 feet along Wainaku Street; Thence along the middle of Pukihae Stream for the next two (2) courses, the direct azimuths and distances being: 5. 88° 53' 231.77 feet; 6. 107° 44' 30" 40.57 feet; 7. 306° 50' 167.09 feet along Lot 22, Kalalau Farm Lot Subdivision to the point of beginning and containing an area of 0.55 Acre, ~'qP~'~E K' More or Less. LICENSED * rHOFE DIONAL * ~ _ SURVEI'OFI Natalie K. Imata Licensed Professional Land Surveyor y'9Wgp V.`3P Certificate No. 5816 Tax Map Key; 3rd Div. 2-6-08: 22 (Portion) ~ Rezone Description II ~ Page 1 of 1 ~ ~ I °ey fD 'J O tD D ~ A Z x ~ ~ 0 2 N ZO>o 0 ~ c m t0 O D-(p Q. O q _ 8' v ~ ~c .l L C") D O y 3 v 0 o ~ ° w' ~ T. ~ -p ~ ~ ~ 98 ~4 j a 7C O n~ 1 p N ~ O A cn p c o m D ~ N• p ~ ~ ~ o° u' a O fl / ~ N ~ -o~ iJ 7 ~ ~ S d o ri. ~ ~m ~ 5 ~ ~ ~ ~_i~ 3o v w ~ D C7 ~ _ r o O V-O N o+ 8 c 1 ~ D / v~ H O ~ [p W N L - ~ J ~ rt u D -a S E c. 0 p ~ o a ~ 7 V ~ o o ~ u' ~ o D va ~ w o Q QB O SO, D O ~ ~ N ~ O ~6 ~ m OOA j n m ~Og O D my+ N T J w P~w~ 3' < •M~ • J ~ mz o ° v I ~ ~ `~rd o' a ~ Q' ~ ~ ~ ~j~ < ESQ a m m m m r p0 m ~ ~ I ~O ~ ~ D 3 ? o In o I ~ W .3 ~ \6~0 8891 c r o 8 2? o y ~ c 9l'E£ 4S'SL SS£ .a~' Z iA ~T9 o w / I o °m~ y al / ~ 22J}S n~pUIDM 'Ul rn mzp ,o o 00 0 _ x d n~ I / u ~ a m°~ z ~o~ my N. mil` N~W J ~ O ' J O A m a ~ ~ m O 0 O d 7C ~ x 3 ni _ C C p 3 6 Q ~ N _ ~2 ~ ~0 m 3H° ~ 3N ti_ ~ QNO ACV 00 W i~ N m O C~ o ~ ~ m m True ° ~ 0 2 a o Norfh a v Seale: ~ 0 1 In. = 50 Ft. c m i ~ G~ G~'~ ~ ~ ~n.~- ~ ~ w~ ~ ~ . 8e ~ t;ounty of Hawaii ~~~r~8'1~Ib'f~ly°Y' O~ ~LT~1.Y~C `YV~ft3{S N GRADING PERMIT NOe I I ~Fe~e~.$ Owner: ~fj`~Gl,l~,lV1i ~rv Address: ~ ~ ~ 3>" Phone ~ ~1~ ~'i~~rii Eng. ~ ~~'ur~eyor:~~~1 i ~"f-'~ Flddress: ~ ~ -'r I iJ4 ~GLO ~U Phone:_ Contractor. I_UC.~ l.u ~ ~`itV(,nt_.~ZS1~ Address: ~ ~ ~ ~ ~ ~ Phone: ~ ~ ~~L License N~ ~ n Location: LUC3 i Tax Map Key: (3) r~-'t9- ~ c~ o~ Cut (CY): `rA+l~, ~ '3-~0 ~ "sea Graded (acre): Disposal Site: Estimated Starting Date: , BOO r Estimated Completion Dated ~ QQ ill (CY): (minimum 2 working days after issuance date) - Borrow Site: Remarks: _ S ~ ~t c~ cU~ ~'ria~" o~ K ~ ~ Ge.e.~e-t~;ls a ~ 1,~3 ~G.~'~v ~ ~ v~pr~s Phone: 327-3690 Fax: $`17-3693 1. ®STATE DLNR -HISTORIC PRESERVATION DIVISION Approved: 3a~,i~c~n ~~a~- 3~~3 Received By: Date: Dale: Listed on tAe Hawaii or National Register of Historic Places ~6 Yes o No P~ PAR; E~ C~ APProved: @eceiye y V Date: r ~fJ Date: ®DEPARTMENT OF PUBLIC WORKS Approved for Permit Issuance: Received By: Date: Date: hereby certify that all work as requested above will conform to Chapter 10 of the Hawaii County Code. caner: Date: rn ~ ~1 ~~d~ aturn to the Department of Public Works, Engineer Post-IN Fax Note 7g7f Date ll O pag°es? :rtification 7a V r From ce tad b co.roapt. co. ' p Y~ (DPW inspector I engin ~ Phone # Phone # County of Hawaii is : Fax # 'J~ ~ ~ ~ C1'JJ Fax # ~ ~ , { 6 1 ~ q r r.r J 'f U.stl~ ~-~~e~~lo~Q S b~' ~~1~ ~~z~S~ ~ Idle ce-~ ~ o ° d~~ cam, m ~ ~ ~ e~ ~ ~ ~ ~ ~ 2~ ~ W 5~,1~~-~-~ ~ ~ ~ `a~r~:';°:::.,,~ tldilliarre 7-akaba. liarr/ King Fga~ror ~ Finance ~ircrtpr Nancy G. Crawford ~cPnb' Director ,yam ••l OI •M~i1 - , Caunty of Hawaii DEPARTMENT OF FINANCE -REAL. PROPERTY TAX 101 Pauahi Strat • Suitc 4 • Hilo, Hawaii 967204679 • Fax (808) 961-8415 dppraisers (808) 961-8354 Clerical (808) 961-8201 • Collections (808) 961-8282 75-5706 Kaakini Highway • Suite 112 Kailua-Kona, Hawaii 96740 Fax (806) 327-3538 Apprai5crs (808) 32J-3542 • Cluical (808) 327-3540 REAL ~R®PERTY TAB CLEARANCE Date MiAY 16 2005 2005 TMK No. (3) ~ ~ ~O ' OD f ~ d Z ~ (3) This is to certify that ~~'7VNQ ~i'~1Kr.~ (Owner (s) or Leasee(s) of record) their real property taxes due to the County of Hawaii Real Property Tax Division on the pazcel(s) listed above are paid for the tax year 2004-OS rr. upto and including C.~f:G~~ ~C 4V' Kon x Clerk REAL PROPERTY TAX DIVISION Hawaii County is an Equal Opportunity Provider and Employer. County of Hawaii Planning Department Requirement To Inform Surrounding Owners And Lessees Of Filing An Application ' ' ' In accordance with the Hawaii County Zoning Code, Chapter 25, Section 25.24 adopted December 7, 1496, within ten (10) days after filing an application with the Planning Departmen4 or Planning Commission, you are required to serve notice of your application on surrounding owners and lessees ofrecord. In addition, with ten (10) days of receiving notice of the scheduled date of administrative action or public hearing and not less than ten (10) days prior to the scheduled date of action or hearing, you are required to serve a second notice to surrounding owners and lessees ofrecord. Notices shall include the following information: 1. Name of the applicant; Johanna Leaird (Revocable Living Trust) 2. Precise location of the property involved; including tax map key identification location map and site plan; If you head north out of Hilo on Wainaku Avenue, you will pass the DODO Mortuary and you will come to a bridge and a curve in the road. The building lot is directly across from Halaulani Place on the left hand side of the road. Leaird's property is .59 acres and starts at the middle of the Pukihae Stream and borders Wainaku Avenue. 3. Nature of the application and the proposed use of the property' Ms. Leaird is required to change her zoning from RMl to RM10. This is to comply with the County request for her rezoning with Kamehameha Schools. 4. Date, on which the application was filed with the director or the commission; May 18, 2005 5. Date, time and place that the scheduled administrative action or public hearing will be held to consider the application (to be included in second notice); Date to be included with second notice. 6. Contact name and phone number should there be any questions. Johanna Leaird (Revocable Living Trust) You can write P. O. Boa 836, Hilo, Hawaii 96721 or email birdsblossoms(a~aol.com. Your welcome to call 808-327-0122 or 808-989- 4266. t,iThen the building siiK is located within the State Land Use Urban or Rural District, notice shall be served to owners and lessees within three hundred (300') of the perimeter a~curdaa-, 3f the b~.aildin~ sate. When the building site is located within the State Land Use Agricultural District, notice shall be served to owners and lessees within five hundred (500') of the perimeter boundary of the building site. Except, that if the surrounding properties aze located within the State Land Use Urban or Rural District, notice shall be served to owners and lessees within three hundred (300') of the perimeter boundary of the building site. Data available from the real property tax office shall be utilized in determining the names and addresses of the affected owners and lessees of record. The applicant shall also provide notice to such other owner and lessees of records when the applicant has actual knowledge of such names or as informed by the Planning Director or Planning Commission. Proof of service for the first nofice on owners and lessees of record may be submitted concurrently with or shortly after filing the subject application. Proof of service for the second notice shall be submitted to the Planning Director or Planning Commission prior to the date of administrative action or public hearing. Proof may consist of certified mail receipts, affidavits, declarations or the like. The list of names, addresses and tax map keys of those individuals notified shall also be submitted. Should you have any questions, please contact the Planning Department at 961-8288. JNYY Os N,k O.• COUNTY OF HAWAII STATE OF HAWAII • BILL NO. 95 . AN ORDINANCE AMENDING SECTIONS 25-8-32 (SOU'T'H HILO ZONE MAP) AND 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) AND MULTIPLE-FAMILY RESIDENTIAL (RM-1) TO MULTIPLE-FAMILY RESIDENTIAL (RM-10) AND AGRICULTURAL (A-20a) AT KALALAU, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-6-8:PORTION OF 22 AND 2-6-9:PORTION OF 8. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Sections 25-8-32 and 25-8-33, Article 8, Chapter 2> (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: 7~he district classification of the following area situated at Kalalau, South Hilo, Hawaii, shall be Multiple-Family Residential (RM-]0): PARCEL A: Beginning at the northeast comer of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAL", being 5,643.93 feet North and 1,016.71 feet East, thence running by azimuths measured clockwise from true South: 1. 26° 50' 167.09 feet along Lot B; 2. Thence along the middle of Pukihae Stream, the direct azimuth and distance being: 100° 56' 154.74 feet; 3. 207° 48' 96.14 feet along the remainder of Lot 22; 4. 253° 48' 96.07 feet alone same; 265° 00' 90.61 feet along same to the point of beginning and containing an area of 20,084 Square Feet, more or less. E 1B1~` -1- The district classification of the following area situated at Kalalau, South Hilo, Hawaii, sha{( be Agricultural (A-20a): PARCEL B: Beginning at the southwest comer of this parcel of land, the coordinates of said point of beginning referred to +JOVernment Survey Triangulation Station ~`HAL.A1'~, being 5,643.93 feet North and 1,016.71 feet East, thence conning by azimuths measured clockwise from true South: ] . 206° 50' 88.91 feet along Lot 22; 2. 355° 00' 30" 75.54 feet along Wainaku Street; 3. 85° 00' 46.89 feet along the remainder of Lot B to the point of beginning and containing an area of 1,771 Squaze Feet. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code, the County Council tinds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfaze; 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. A. The applicants, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. a2~ B The applicant (Leaird) shall submit a change of zone application for the remainder of TMK: 2-6-008: 022 that is currently zoned Multiple-Family Residentia] 1,000- square feet to Multiple-Family Residential 10,000 square feet (RM-10) within six ;5) m^nth~ fr~-n the ~t'°c?i•a° irate cf this ^rdinance. r' Prior rn the i~,cnancP nf'a water rnmmitment by the TlPpartment of WetPr Ruppl'~, the applicant (Leaird) 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 from the effective date of this ordinance. D. Construction of the proposed development shall be completed within five (5) years from the effective date this ordinance. Prior to construction, the applicants, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing and/or proposed structures, paved driveway access and parking stalls associated with the proposed development. Landscaping shall also be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements). E. All driveway connections to Wainaku Street shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. F. A drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works prior to issuance of a const~vction permit. The recommended drainage improvements shall he constructed meeting with the approva] of the Department of Public Works prior to receipt of a Certificate of Occupancy. G. All development-generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. H. The applicant shall install a backfiow preventer by a licensed contractor on the applicant's private prnpertyjnst after the meter, meeting with the approval of the Department of Water Supply. I. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of a Certificate of Occupancy. J. 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 Resource - State Historic Preservation Division (DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. K. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. L. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks aad recreation, fire, poli!-e, solid waste disposal facilities and roads. 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 receipt of Final Plan Approval or within five years from the effective date of this change of zone ordinance, whichever occurs first. The fair share contribution for each unit shall be based on a maximum density for each unit as determined by the 4- 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 he adjusted annually beginning +.hree years after the effective date of'this ordinance, based on the percentage change in the iionoiuiu Consumer trice index (HCei). The fair share nnir: }nuin~i ,1 ini7 ii,~vr n ~~inzirrii irrv ~.i iiuio ~iri~ ~w~nr- nF 92.a 711 9?b rs-r rm it r: r.i.. family residential unit. Based upon the applicant's representation of intent to develop a total of 1 (one) residential unit, the indicated total of fair share contribution is $6,206.06 for the one residential unit. However, the total amount shall be increased 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 contribution per multiple family residential unit shall be allocated as follows: l . $3,061.27 for multiple family residential unit to the County to support park and recreational improvements and facilities for a indicated total of $6,122.54; 2. $96.75 per multiple family residential unit to the County to support police facilities for an indicated total of $193.50; 3. $297.62 per multiple family residential unit to the County to support fire facilities for an indicated total of $595.24; 4. $132.65 per multiple family residential unit to the County to support solid waste facilities for an indicated total of $265.30; and 5. $2,617.77 per multiple family residential unit to the County to support road and traffic improvements for an indicated total of $5,235.54. In lieu of paying the fair share contribution, the applicant may contribute land and/or construct improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed deoeloprnent, subject to the review and recummendation of the Plamiing Director, upon consultation wtth the appropriate agencies and approval of the County Council. If the remainder of TMK:2-6-008:022 that is currently zoned RM-I is rezoned to RM-10, fair share requirements will be waived. M. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exaction or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. I~'. "to ensure [hat the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with [he requirements of Chapter 1 1, Article 1, Hawaii County Code relating to Affordable Housing Policy. This requirement shall be approved by the County Housing Agency prior to final plan approval. O. An initial extension of time for the performance of conditions within the permit 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 applicants, successors or assigns, and that are not the result of their fault or negligence. 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. _6. 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 ire ~cfl' ._:t:;i bd e;:te~;ded for °.lp ^re ~d~:at.onal ,~°a°~. if the ~rnh~apt c}~n~]lrl Pr~,~;rP n7i a~hit~nnal PYte~l Rinn of ?im°, The Planr,in? Department shall submit the applicant's request to the County Council for appropriate action. P. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the area to its original or more appropriate designation. 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, CO ~;O HA I`I INTRODUCED BY: COUN MBER, C TY OF HAWAII Kona , Hawaii Date of Introduction: June 1, 2005 Date of 1st Reading: June 1, 2005 Date of 2nd Reading: June 15, 2005 Effective Date: June 17, 2005 , 243.2 A~Oa ~RS-f0 MG-Sa A•20a ~ ~ tea. ~ m~ ~ ~ 4d 3'° ~ ` - .`per ~ O V I RS 0 FROM MULTIPLE-FAMILY ~ ~ ' RESIDENTIAL (RM-1) ~ _ ? GR LTURAL (A-20a) TO AGRICULTURAL (A-20a) R 1n N TO MUL PLE-FAMILY 1,771 SQ. FT. ~ W RESIDENT L (RM-10) Rs-fo II12~~~0,084 S . FT. R , P A-IOa 15 S \ a/dU h! / RS- 5 R 15 ,n A-30a l ~ 5,643.93 RM-1 ~ 1 1,01 1 E ~ LAI SL RM-1 R 15 ~ V•.75 RS-15 ~ R -1 z ASE ~ ~ dU d 1 RM-1 = V-.75 \f F RM-i V-.75 p1 ~ \ A-3a M-1 W C n V-.75 ~ ~ S, Y A-20a ~ N 3 -.5 V-.75 aa0 ]a0 o a80 960 t.6a0 t 9z0 2 a~o eel AMEN®MENT T~ THE Z~NIN~ ~~~E~ AMENDING SECTION 25-8-32 (SOUTH HILO ZONE MAP) AND 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 MULTIPLE-FAMILY RESIDENTIAL (RM-1) AND AGRICULTURAL (A-20a) TO AGRICULTURAL (A-20a) AND MULTIPLE-FAMILY RESIDENTIAL (RM-10) AT KALALAU, SOUTH HILO, HAWAII ~ PREPARED BY: P1~4NNING DEPARTMENT TMK: 2-6-008~POR. 022 AND 2-6,009~POP 008 i`_` Date: January 11, 2005 EXHIBIT "A" (JOHANNA L ~'IRD 8 KAMEHAMEHA SCHOOLS:1 153) OFFICE OF THE COUNTY CLERIC County of Hawai `i Kona, Hawaii (Draft 3) Introduced By: Pete Hoffmann/K. Angel Pilago ~ _ TZ~LL 41A'11L f30"~')y; Date Introduced: June 1, 2005 AYES NOESTABS EX June 1, 2005 ~ + rig-st i<eadi,is: ~ p.rakaki l: ~ I I ' ',:b'.i'S;~Cr;: J., -i o n r~~; ~ u~gaTY ~ r--±---- Hoffmann - -X--r--- -r----- ~ r~~i,~n,~.. 1 I Ikeda X Isbell X Jacobson X Pilago X Safarik X 9 0 0 0 Second Reading: June 15, 2005 To Mayor: June 16, 2005 ROLL CALL VOTE Returned: June 17, 2005 AYES NOES ABS EX Effective: June 17, 2005 Arakaki X Published. June 23, 2005 Higa X Hoffrnann X REMARKS: Holschuh X Ikeda X Isbell X Jacobson X Pilago X Safarik X 8 0 1 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FORM AND LEGALITY: f.L.~-L ~ CO//UNCIL CHAIRMAN DEPU ORPORATION COUNSEL / ~ I ~ , , COUN OF HAWAII t~ '~(i(,(// JUN 1 6 2005 couNTrcLERx Date 95 (Draft 3) Bill No.: C-293.2/PC-22 Reference: rovedGPisapprovedthis day Ord No.: OrJ of~ ~ tuns - . 20_~ ~ YOR, CO UPY OF HAWAI `I ~~~=~~~s ~ r~~~NT r~F ~a~~LOC wa~~z~~~~ ~:CLJNY°~' OF I-fAWAII I-III_(~, HNNAII J~"""""" DATE: July 22, 2005 %~~1Q/lQitgc[~IL O: uhristopher Yuen, Nlamm~g Director FROM: . Department of Public Works SUBJECT: CHANGE OF ZONE APPLICATION (REZ 05-009) Applicant: Johanna Leaird Revocable Trust Request: RM-1 to RM-10 TMK: 2-6-08: portion of 022 We have reviewed the subject application forwarded by your memo dated June 24, 2005 and offer the following comments for your consideration. We do not sanction the specific plans submitted with the application as they may be subject to change given specific code and regulatory requirements. 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. The subject parcels are 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 (may include areas with unknown flood or drainage hazards). All earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. Wainaku Street is a County right-of-way of approximately 60 feet width. Access shall conform to Chapter 22, County Streets, of the Hawaii County Code and will require a permit from the Department of Public Works. Questions may be referred to Kelly Gomes of our Engineering Division at ext. 8327. ~~~~8~~ County of Hawaii is un Equal Upponunity Provider and Employer /~//I, Cam`, W!7(,p.ppp°I :9 19 o`afi p~N<YI P~~,+~3Q 545 KE KUAIVAO'A S~i ri EET, SU{TE 20 • HILO, HAWAII 96720 TELEPHONE (808) 961-8050 FA X'(808) 9~1°-865-7 h((y 25, 2005 iv. ~Ju. i-iti ~o w~udi r. i u.. , ~iaiii riL~iiii cLiJi Planning Department FROM: Milton D. Pavao, Manager SUBJECT: CHANGE OF ZONE APPLICATION (REZ OS-009) REQUEST: RM-1 TO RM-10 APPLICANTS- JOHANNA LEAIRD REVOCABLE LIVING TRiJST TAX MAP KEY 2-6-008:PORTION OF 022 We have reviewed the subject Change of Zone application and have the following comments and conditions. Based on the prevailing water situation in the area, water can be made available from an existing 8-inch waterline in Wainaku Street that fronts the properties. Ms. Leaird has a service lateral for a 5/8-inch meter, which is restricted to a daily average of 400 gallons,or a daily maximum of 600 gallons. However, as the applicant intends to establish a bed and breakfast operation with a tea house, the Department requests that the applicant submit the anticipated maximum daily water usage as recommended by a registered engineer. The Department reserves the right to make a final determination on meter size. Prior to issuing the building permit for the bed and breakfast operation, the Department shall review and approve the water demand calculations and meter size. Should there be any questions, please call Ms. Shari Komata of our Water Resources and Planning Branch at 961-8070, extension 252. Sincerely yours, Milton D. Pavao, P.ls. Manager SHKaco j copy - Ms. Johanna Leaird ~ ~ B i11 ~1.~4~8Y' ~MGl2G~~' ~J ND~Nd3~... -the Department of Wator Supply is an Equal Opportunity Pmtle~n~e AoenuelSW~Wasl~i gtoi I~C 2025090.10 0rleall 02)~~"1~059~~atlece~~d TDD)wil a,.~a~ gnnm 39F-W. Whitten Butldiny, 14th and Indepen b,. '!?aYr Y ,l. d?Yi~r~eiea :yOP Desmoxad II{. We Deputy fire Cki f ~~untp ~f ~acibai`i F°II2~ ~~P~x'rlvlErrr _ ga'=..,i. - s„ram 193 Hilp~ 33r; ~s'.~' pET-f ganstvmsav7 ~ Fax{xos»c~-az~e July 5, 2005 TO: CHRISTOPHER J. YUEN, PLANNING DIRECTOR FROM: DARRYL OLIVEIRA, FIRE CHIEF SUBJECT: CHANGE OF ZONE APPLICATION (REZ OS-009) APPLICANT: Johanna Leaird Revocable Living Trust REQUEST: RM-I to RM-10 TAX MAP KEY: 2-G-8: PORTION 22 In regards to the above-mentioned change ofzone application, we offer the following response: Fire apparatus access roads shall he in accordance with UFC Section 10207: "Fire Apparatus Access Roads "Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained in accordance with the provisions ofthis 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: I . When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of this section maybe 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 10301 (b). ~Paoo~ = y~ ;I'+~ ~ r'-cy'~ S < a t ~ E~ B 1 "'RE°~ HaumF'i County fs qn fgiml Opportunity Proznder and ErvpLm/re nristopuer J. 'x'ueu July 5, ?005 agc 2 - _ _ n.~,. c t> .-,,,,,...,.r re,yuir<~r,r::nts nfthi;; seuion :ray be ^:odified, provided, in the opinion of Fne xlrief, fire-6ghkin:~ o:~ resru 8: ?(1!I"; Si/; Nllli Y?1f I,+' IiYli-RSi ly-Pi "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 C inches. "F,XCEPTION: 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 o f 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 offire 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 ofthe Building Code and using ~.iirisiut~Ler S. ~r uen July 5, 2005 Page 3 _ ~ _ ~ _ ~.r "(j) ~i~rade. Thy gradient for a Eirc apparatus access road shall not exceed the maximum approved "(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." rry J liveira Fire Chief DJOapc RLeafrd-REZOS-009.jwd OS-03-05 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION JOHANNA LEAIRD CHANGE OF ZONE APPLICATION (12EZ 05-009) Upon careful review of the request, the Planning Director is recommending that a favorable recommendation for the Change of Zone request from aMultiple-Family Residential 1,000-square foot (RM-1) to aMultiple-Family Residential 10,000-square foot (RM-10) district for approximately 0.55 acre of land be forwarded to the Hawaii County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant has submitted an application for a Change of Zone for approximately 0.55 acre of land from aMultiple-Family Residential 1,000-square foot (RM-1) to aMultiple-Family Residential 10,000-square foot (RM-10) district in compliance with Condition B of Change of Zone Ordinance No. OS-105. The applicant is proposing to develop atwo-story residence (pole house), a Japanese Tea House with Bath House and amulti-story unit with five bedrooms for a Bed and Breakfast operation on the subject property. The applicant recently conducted a land exchange with Kamehameha Schools that required State Land Use Boundary Amendments and Change of Zones for both properties involved in the exchange. The Planning Director previously recommended that a portion of the applicant's property be rezoned to 12M-10 instead of RM-1. The RM-10 zoning would prevent future development of the property with apartments or condominiums, thus preventing a larger development in an area not suitable for the expanded use. A condition was added in the previous change of zone (Ordinance No. OS-105) requiring the applicant to rezone the remainder of the property from RM-1 to RM-10, thereby preventing split-zoning of the property. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only -1- through a comprehensive policy analysis approach that evaluations and decisions can be made to better time or stage developments to achieve quality growth. The implications of these evaluations and decisions must also be considered as they may have an impact on other similar areas in the County. The proposed change of zone from aMultiple-Family Residential (RM-1) to aMultiple-Family Residential (RM-10) zoned district will conform to, among others, the goals, policies and standards of the following General Plan Elements: LAND USE • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. • Zone urban- types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. ECONOM[C • Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. • Economic development and improvement shall be in balance with the physical, social and cultural environments of the island of Hawaii. • Provide an economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural and social envirorunent. The proposed request will provide the applicant with an economic environment that will allow the opportunity to construct anon-profit bed and breakfast operation for blind and disabled visitors. The retreat would offer ADA lodging and educational classes. This would also create a new economic opportunity for the Big Island of Hawaii. _2_ 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 land use pattern for areas within the County. The proposed request conforms to the LUPAG Map which designates the project area as Medium Density Urban Area. This designation allows for village and neighborhood commercial and single family and multiple family residential and related functions (multiple family residential-up to 35 units per acre). The request also conforms to the 1975 Hilo Community Development Plan Land Use Concept Map, which designates this area for multiple-family residential uses. The project site is situated within close proximity to schools, commercial areas, employment centers and public safety services. The project site is located in close proximity to the urban retail/employment center of Hilo. Therefore, the reclassification conforms with the General Plan which encourages urban developments in close proximity to existing developments and to existing services and facilities. All utilities and services are available to the property. Access to the property will be from Wainaku Street, which is a 29-foot paved County road within an approximate 60-foot right-of--way width. Water can be made available from the existing 8-inch waterline. All other essential utilities or services are or will be made available to the development. There is no severe geological or topographical problems for the property that cannot be properly rectified or which would render the land unusable. According to the Flood Insurance Rate Map (FIRM) prepared by the Federal Emergency Management Agency (FEMA), the project area is within Zone X, area determined to be outside the 500-year flood plain. The project azea is also located outside of any tsunami inundation area Both requests are not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is not situated within the Special Management Area. It is located approximately %x mile from the nearest coastline -3- and will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources, historic resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the area. Thus, the proposed request and use of the property will not adversely impact those resources. Because the property has been previously used for farming of ginger and taro in the past, it is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject property. Presently, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of known valued cultural, historical or native resources in the area. Thus, it is not anticipated that the proposed reyuest will have any adverse impact on cultural or historical resources in the area. Both requests will not have a significant adverse impact to traditional and customary Hawaiian 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: As the property has been used For agricultural purposes in the past and is located on steep terrain next to the Pukihae Stream, an archaeological inventory survey of the site was not conducted. A condition will be included to require the applicant to cease any activities on the site and notify the Planning Department if any unanticipated archaeological features or sites are discovered during the course of improving the site. -4- Possible adverse effect or impairment of valued resources: 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 immediate area. Therefore, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed request will not affect traditional Hawaiian rights, and no action is necessary to protect these rights. The subject property does not abut the shoreline, therefore Hawaiian gathering and fishing rights is not an issue. Based on the above findings, the above request to reclassify the subject property would result in an appropriate land use pattern. The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map) is provided for your favorable consideration. Please note the proposed conditions of approval are attached to the draft bill. -5- ~~lJl ~1 d H ll~ i~~-3~°r'r1~~~i ~v ~iyL~y~L: 'ill' ~ W <`iA6.i BILL NU. ^±i~.edl~ll~1~! ~ ;lf. 1~^I wJ. AN ORl~R~1A1`iCE P,MENDING SECTION 25-8-33 (CITY (1F HILL) ZONN iSii A Pl_ ~iJ.i i~,ii: ii, C:iiFu""'°I Lim Z`i (~.v C'JINv i:LJliiS) iii" TiI "i, riAb'v'iiI `i i~i~U1'J~i Y L:irllE, ii i CHANGING THE DISTRICT CLASSIFICATION FROM MULTIPLE FAMILY RESIDENTIAL (RM-1) TO MULTIPLE FAMILY RESIDENTIAL (RM-10) AT KALALAU, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-6-8:PORTION OF 22. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTTON 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Kalalau, South Hilo, Hawaii, shall be Multiple Family Residential (RM-10): Beginning at the northwest corner of this parcel of ]and, the coordinates of said point of beginning referred to Government Survey Triangulatio? Station "HALM", being 5,643.93 feet North and 1,016.71 feet East thence running by azimuth measured clockwise from true South: 1. 265° 00' 46.89 feet along the remainder of Lot B; 2. 355° 00' 30" 33.16 feet along Wainaku Street; 3. Thence along same on a curve to the left with a radius of 134.02 feet, the chord azimuth and distance being: 318° 3Y 15" 159.14 feet; 4. 282° 10' 41.00 feet along Wainaku Street; Thence along the middle of Pukihae Stream for the next two (2) courses, the direct azimuths and distances being: -l- S oS' 53' "L31,77 feet; ~ 107° ~4' 40.57 feet; 7. 206° 50' 167.09 feet along Lot 22, Kalalau Farm Lot Subdivision to the point of beginning and c~raainFng an at'ea or'v _7 ~ t,r~.re, niorw rr r Hli a~s shmmn nn fhe mgr. aYtscheh herein mark~rl F'xh~hii "A'° an~i h-..,,-,~FPP..r.~-, 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 maybe adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the ]and use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of tha 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. -2- ~~:T'Ti~?N This ordinance ~~hall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Iii 1 RGliU;Ei~ is Y: , Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -3- - RS-fU - fa, i:; A-20a A-20a ' ~L 7 ~ ~ I - - - ~~O w ~ ~~O ~ ~ 0 r ~R$10 ~ S ~ i i RS-10 i ~ ~ 1 ~ Ra-fo a-2oa ~ t / i i ~ r(vfr ~ - ; ' S,o43.93N-- f .RS~tS ~ ~ ~ i 1,016.71 E "HALAI",0, B~ d RM-10 t RS 15 ~aOi P/ R5~15 ~ ~ ~ti ~ ~ N l A-20a v- y~ _ -~l ~ ~J ~ RM-1 C~ / RM-1 - ~ ~ ~ a-zoa MULTIPLE-F SLY - I ~ R -1s ~ ~ hsaa ~ RESIDEN L~M-1) ~ ~ v-.7s 76M T Lf'rT'~'°~ ~ M- ~ RESID IAL RM-~p~~ OS ACRE ~ a~la t RM-1~ v-.7s A-YOa ~ ~ RM-1 \ oo ' A 3a - I _ ~ RM-1 % B Il - _ ~ u St - ~ OPEN - V- 75 A-YOa _r' Y lT-: h5 i ~_I r Kan a t ~ ff /7Id ( L ~ 44/q R~ - _ OPEN ~ ~lllahl $t a°i , A-20a ~RM•1 ~ _ iR , - -i R V-.75 V. 5 430 215 0 430 060 1250 1720 2150 Feet 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 MULTIPLE-FAMILY RESIDENTIAL (RM-1) TO MULTIPLE-FAMILY RESIDENTIAL (RM-10) AT KALALAU, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII MK- 2-6-OOSPOR. 022 Date: June 23, 200 EXHIBIT „A~, (JOHANNA LEAIRD: 1170) CLeaird-Kamschools-REZ04-027.jwd OS-03-OS JOHANNA LEAIRD CHANGE OF ZONE APPLICATION NO. OS-009 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 from the effective date of this ordinance. C. Construction of the proposed development shall be completed within five (5) years from the effective date this ordinance. Prior to construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing and/or proposed structures, paved driveway access and parking stalls associated with the proposed development. Landscaping shall also be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements). D. All driveway connections to Wainaku Street shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. E. A drainage study shall be prepare a licensed civil engineer and submitted to the Department of Public orks prior to issuance of a construction permit. The / , ~ recommended dr 'age improvements shall be constructed meeting with the ~ approval e Department of Public Works prior to receipt of a Certificate of 1O ~ ~ gyn. Occupancy. ~ F. All development-generated runoff shall be disposed of on-site and shall not be L directed toward any adjacent properties. G. The applicant shall install a backflow preventer by a licensed contractor on the applicants private property just after the meter, meeting with the approval of the Department of Water Supply. H. A Solid Waste Management Plan shall be submitted to the Deparhnent of Environmental Management for review and approval prior to the issuance of a Certificate of Occupancy. I 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 Resource - State Historic Preservation Division (DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. J. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. K. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exaction or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. L. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing Policy. This requirement shall be approved by the County Housing Agency prior to final plan approval. M. An initial extension of time for the performance of conditions within the permit 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 perfoY-mance (i.e., a condition to be performed within one year maybe extended for app to one additional year). 5. If the „Iplicant should. require an additional extension of time, the Planni~~:; l~rpartrricrst shall submit the applicant's request to the County Council for appropriate action. N. Should any of the conditions not be met or substantially complied swith in a timely fashion, the director may initiate rezoning: of the area to its original or more appropriate designation.