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HomeMy WebLinkAboutCOM 0256.000 2006-2008 Mtt os yk Harry Kim •4 Dixie Kaetsu Mayor Managng Director Barbara Kossow • •'•~oi'M~'~ Deputy Managing Director County of Hawaii 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720252 (808) 961-8211 • Faz (808) 961fi553 KONA: 75-5706 Kuakini Highway, Suite t03 • Kailua-Kona, Hawaii 96740 (808) 329-5226 • Fax (808) 326-5663 March 14, 2007 Honorable Pete Hoffinann, Chairman A, and Members of the County Council County of Hawaii 333 Kilauea Avenue Hilo, HI 96720 = r-' r~: Deaz Chairman Hoffinann and Members: _.s u Change of Zone Application (REZ 06-000052) ~ Applicant: Ginger Patch DP, LLC Request: RS-10 to CN-40 Tax Map Key: 2-2-39:31, 57, 68 and 69 Initiator: Planning Director Review and Comment on a Draft Ordinance Regarding the General Plan Amendment Procedure /Change of Zone Application (REZ 07-000058) Applicant: Michael and Nina Tanabe Request: A-l0a to FA-3a Tax Man Kev: 2-4-65:34 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. ~ncerely, Harry Kim V Mayor Enclosures Comm. No. ~ S ~o cc: Planning Department / Ref. To:_ Q~i ( ^ A ~ ~ ~ Hawai'i County is an Equal Opportunity Provider and Employer Ref. Date MAR 1 G ~nn~ tr or ~C~ •~'•.4 ~ County of Hawaii PLANNING COMMISSION Aupuni Cen[er • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 • Fax (808) 961-8742 r.... c..: March 14, 2007 - Pete Hoffinann, Chairman and Members of the County Council ~ J County of Hawaii - 333 Kilauea Avenue, 2"a Floor Hilo, HI 96720 Dear Chairman Hoffmann and Council Members: Change of Zone Application (REZ 07-000058) Applicant: Michael and Nina Tanabe Request: A-l0a to FA-3a Tax Map Key: 2-4-65:34 The Planning Commission, after a duly held public hearing on March 2, 2007, voted to recommend for yoar approval the proposed legislative bill to change the district classification from an Agricultural 10-acre (A-l0a) to a Family Agricultural 3-acre (FA-3a) district for ten acres of land at the southwest corner of Kupulau Road and Koaniani Street, Waiakea, South Hilo, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: Change of zone from A-l0a to FA-3a to subdivide the property into two pazcels to be used for residential and supplementary agricultural uses. One lot will be approximately 6.9 acres in size, the other, approximately 3 acres in size. The applicants intend to construct a dwelling for themselves on the lazger 6.9-acre parcel and plant citrus trees such as yuzu, kaffir and lime. The specialty citrus orchard will provide supplemental income during the applicants' retirement yeazs. The smaller 3-acre parcel maybe utilized for similar purposes, and will be offered to a family member for purchase or sold on the open market. Hawaii County is an Equal Opportunity Provider and Employer Pete Hoffmann, Chairman and Members of the County Council Page 2 In order to consider an azea for any type of zoning designation, the applicable goals, policies and standazds 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 be also considered as they may have an impact on similaz azeas in the County. The property is a 10-acre vacant pazcel used intermittently for pasturage. The majority of the site been extensively altered by heavy machinery. Vegetation on the property consists of pasture grasses with gunpowder trees, guava and African tulip trees. Surrounding properties are zoned RS-15 to the north, A-la to the west, A-l0a to the south, and A-la across Kupulau Road to the east. Uses in the immediate azea include residential and agricultural activities. The Change of Zone request from A-l0a to FA-3a will conform to the goals, policies and standards of the General Plan Economic and Land Use elements. 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 azeas within the County. The subject area is designated hmportant Agricultural Land which includes lands that are not capable of producing sustained, high agricultural yields without the intensive application of modern farming methods and technologies due to certain physical constraints such as soil composition, slope, machine tillability and climate. Important Agricultural Land(s) are those with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors. Soils within the property aze identified as OHC, or Ohia silty clay loam and OID, Olaa extremely stony, silty clay loam. Ohia soils aze mostly used for sugarcane, pasture, and woodland. Olaa soils are used for sugazcane. For both soil types, the permeability is rapid, runoff is slow and the erosion hazazd is slight. The Land Study Bureau's Detailed Land Classification System identifies soils on the property as "C" or "Fair" for agricultural productivity. The property is designated as Other Important Agricultural Land under the ALISH System. The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as AE, a Special Flood Hazazd Area inundated by the 100-yeaz flood where base flood elevations aze determined. A condition will be included to prohibit the construction of dwellings Pete Hoffinann, Chairman and Members of the County Council Page 3 and related improvements within areas designated AE by the Flood Insurance Rate Map (FIRM). The major concern in allowing a rezoning of agricultural land that creates smaller lot sizes is that this will reduce the potential use of the land for commercial agriculture by fragmenting the land into areas too small to be farmed on a commercial scale. While a few crops can be intensively cultivated on very small acreages, usually these crops have a very limited market. Reducing the size of the lots can reduce the range of potential agricultural uses and the range of market opportunities for those crops. In this particular situation, the applicants intend to construct a dwelling for themselves on the larger 6.9- acre pazcel and plant citrus trees such as yuzu, kaffir and lime. The specialty citrus orchard will provide supplemental income during the applicants' retirement years. Access to the property is from Kupulau Road, a County roadway. The City of Hilo Zone Map (Ordinance No. 187) identifies Kupulau Road as a proposed 80-foot right-of--way, with a future 40-foot road widening setback on the mauka side of the Kupulau Road. As the property is located on the mauka side of Kupulau Road, the applicants will be required to set aside a future road widening setback along the property's frontage. Koaniani Street is a County right-of--way approximately 50 feet wide Should this request be approved, the applicants may apply for a Second Farm Dwelling, allowing for the construction of a second dwelling unit on each lot. The potential to allow additional dwellings may contribute to the cumulative burden on the existing infrastructure. As such, a condition is included to prohibit a second dwelling unit and a Condominium Property Regime (CPR) on each lot. The condition will require that restrictive covenants be included in the deeds of all the proposed lots for the subdivision prohibiting second dwelling units to preserve the residentiaUagricultural ambience of the azea. The newly created lots will provide opportunities for family members or future landowners who wish to pursue limited agricultural activities, but are not able to commit to the financial or labor demands placed on them by larger pazcels. Since the property was formerly used for pasturage and has been disturbed in the past, no commissioned archaeological survey was conducted. It is expected that no archaeological or historic features exist on the property. By letter dated August 15, 2006, the applicants have requested a "no effect" letter from the State Department of Land and Natural Resources Historic Preservation Division (DLNR-HPD). By letter dated September 2Q 2006, the SHPD responded that "no historic properties will be affected by the proposed project." Pete Hoffinann, Chairman and Members of the County Council Page 4 According to the Department of Water Supply, water can be made available from an existing 6-inch waterline within Koaniani Street or from an existing 8-inch waterline within Kupulau Road. As there is no municipal sewer system in the area, wastewater will be disposed of by individual wastewater systems, meeting the requirements of the Deparhnent of Health. All other essential utilities and services aze or can be made available to the site. 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 site is located approximately four miles from the nearest shoreline and therefore will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access that traverses the property. According to the applicants, 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 azea. In view of the 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: • Investieation of valued resources: No formal azchaeological reconnaissance survey, oral history of kamaaina accounts of the azea, historical survey of documentary records, or botanical study was included in the application. • The valued cultural, historical, and natural resources found in the rezoning area: The property has been cleared and intermittently used as pastureland. As such, it is anticipated that no historic properties will be affected. By letter dated September 20, 2006, the DLNR has stated that no historic properties will be affected by this project. • Possible adverse effect or impairment of valued resources: Native plants maybe destroyed by ground alteration. There is no evidence that the flora in the azea aze particulazly desired or used for cultural practices. • Feasible actions to protect native Hawaiian rights: As stated by the applicants, no gathering is taking place on the site. Thus, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not Pete Hoffmann, Chairman and Members of the County Council Page 5 affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. Based on the above findings, approval of the Change of Zone request from an Agricultural 10-acre (A-l0a) to Family Agricultural 3-acre (A-3a) zoned district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. 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, Willi Gr ,Chairman Planni ommission Ltanabe02PC Enclosures cc: Michael & Nina Tanabe Mr. Brian Nishimura Department of Public Works Department of Water Supply Department of Land & Natural Resources-HPD/Kona DOT-Highways, Honolulu Lincoln Ashida, Esq., Corporation Counsel BTanabeREZ.doc-2P7/07 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT MICHAEL AND NINA TANABE CHANGE OF ZONE APPLICATION (REZ 07-000058) MICHAEL AND NINA TANABE have submitted an application for a Change of Zone from Agricultural 10-acre (A-l0a) to Family Agricultural 3-acre (FA-3a) for ten (10) acres of land. The property is located on the southwest comer of Kupulau Road and Koaniani Street, Waiakea, South Hilo, Hawaii, TMK: 2-4-65: 34. APPLICANTS' REQUEST 1. Proposed Action: Change of zone from A-l0a to FA-3a to subdivide the property into two parcels to be used for residential and supplementary agricultural uses. One lot will be approximately 6.9 acres in size, the other, approximately 3 acres in size. The applicants intend to construct a dwelling for themselves on the larger 6.9-acre parcel and plant citrus trees such as yuzu, kaffir and lime. The specialty citrus orchazd will provide supplemental income during the applicants' retirement years. The smaller 3-acre pazcel may be utilized for similaz purposes, and will be offered to a family member for purchase or sold on the open market. Z. Landowners: Michael and Nina Tanabe. STATE AND COUNTY PLANS 3. State Land Use Designation: Agricultural. 4. GP LUPAG Map: Important Agricultural Land. Important agricultural lands aze those with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors. 5. County Zoning: A-10a. 6. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawaii lies within the Coastal Zone Management Area. 7. Special Management Area (SMA): The Special Management Area is a part of the Coastal Zone Management Program and regulated by the County. The property is located approximately four miles from the nearest coastline and not situated within the Special Management Area. ATTACH: Cortm. 256 Bill 76 A DESCRIPTION OF PROPERTY AND SURROUNDING AREA 8. Subject Property: The property is a 10-acre vacant parcel used intermittently for pasturage. The majority of the site been extensively altered by heavy machinery. Vegetation on the property consists of pasture grasses with gunpowder trees, guava and African tulip trees. The Waiakea Stream flows through the property in a northeasterly direction. An unimproved drainage easement has been identified on an approximately one acre portion of the property. 9. Surrounding Zoning/Land Uses: Surrounding properties are zoned RS-15 to the north, A-la to the west, A-l0a to the south, and A-la across Kupulau Road to the east. Uses in the immediate area include residential and agricultural activities. 10. ALISH: Other Important Agricultural Land (OIAL) -land other than Prime or Unique Agricultural Land that is also of statewide or local importance for agricultural use. 11. Land Study Bureau's Detailed Land Classification System: "C" or "Fair". 12. U.S. Soil Survey: OHC, or Ohia silty clay loam and OID, Olaa extremely stony, silty clay loam. Ohia soils aze mostly used for sugarcane, pasture, and woodland. Olaa soils are used for sugazcane. For both soil types, the permeability is rapid, runoff is slow and the erosion hazazd is slight. 13. FIRM: The Department of Public Works states that a portion of the property is located within Flood Zone AE as designated on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Flood Zone AE is the Special Flood Hazazd Area inundated by the 100-yeaz flood where base flood elevations are determined. 14. Flora/Fauna Resources: There were no professionals flora/fauna surveys conducted of the site. The applicants do not believe that rare or endangered floral or faunal resources aze likely on the site, as the property has been previously used for sugar cane cultivation and pasture. The property is not known to be a habitat for any rare or endangered animal life. 15. Archaeological Resources: Since the property was formerly used for sugaz cane cultivation and pasture, no commissioned azchaeological survey was conducted. According to the applicants, it is highly unlikely that any azchaeological or historic features exist on the property. By letter dated August 15, 2006, the applicants requested a -2- A "no effect" letter from the State Department of Land and Natural Resources Historic Preservation Division (DLNR-HPD). By letter dated September 20, 2006, the SHPD responded that "no historic properties will be affected by the proposed project." 16. Cultural or Native Gathering Rights: The applicants state that there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the property, nor existence of any known valued cultural, historical or native resources in the azea. 17. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the property. PUBLIC UTILTTIES AND SERVICES 18. Access: Access to the property is from Kupulau Road, a County roadway. The City of Hilo Zone Map (Ordinance No. 187) identifies Kupulau Road as a proposed 80-foot right-of--way, with a future 40-foot road widening setback on the mauka side of the Kupulau Road. As the property is located on the mauka side of Kupulau Road, the applicants will be required to set aside a future road widening setback. Koaniani Street is a County right-of--way approximately 50 feet wide. 19. Water: According to the Department of Water Supply, water can be made available from an existing 6-inch waterline within Koaniani Street or from an existing 8-inch waterline within Kupulau Road. 20. Wastewater: As there is no municipal sewer system in the azea, wastewater will be disposed of by individual wastewater systems meeting the requirements of the Department of Health. 21. Solid Waste: All waste generated by the project will be disposed of at appropriate sites designated by the Department of Environmental Management. 22. Essential Utilities and Services: All essential utilities are available to the property. Fire and medical services are available from the Kawailani Fire Station approximately three miles from the property. The Hilo Police Station is located approximately five miles from the site. AGENCIES' COMMENTS 23. Depaztment of Public Works: Exhibit 2 -February 1, 2007 memo 24. Department of Water Supply: Exhibit 3 -January 31, 2007 memo 25. Police Department: Exhibit 4 -January 11, 2007 memo -3- 26. Fire Department: Exhibit 5 -January 17, 2007 memo 27. Department of Environmental Management: Exhibit 6 -January 4, 2007 memo 28. Department of Land and Natural Resources Land Division: Exhibit 7 -January 8, 2007 memo 29. Department of Health: Exhibit 8 -January 9, 2007 memo APPLICANTS' RESPONSE TO AGENCIES 30. Exhibit 9 -February 2, 2007 letter from Brian T. Nishimura AGENCIES - NO RESPONSES 31. Office of Housing and Community Development, DLNR Historic Preservation Division, Natural Resources Conservation Service PUBLIC COMMENTS 32. None as of this writing. -4- CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT ~c~ ~ (Type or legibly print theme requested informan~~ F ^,I'r APPLICANT: iC~na~~ a~~ a- 0.v1~.~~-- ~ ~ DATE: c3~ APPLICANT'S SIGNATURE: ~n'/~ n~o~-~ ADDRESS: [ (p 0 t DVIe_cieyct. _ LIST APPLICANT'S INTEREST IF NOT OWNER: ~Qrnn ~ uS r DO C t~l-'J" LLST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (Res.) ~s ~ - ~ I S~ (Fax) LANDOWNER(S): LANDOWNER SIGNATURE(S): DATE: (May be by letter) LANDOWNER(S) ADDRESS: REQUEST: ~ ~ ~ D a TO ~ ~ - 3 Q usttng caning) (Proposed Zotung) TAX MAP KEY:~3~~=~ - (05 STREET ADDRESS OF PROPERTY: SIZE OF PROPERTY OR AFF IECTED AREA(S) TO BE REZONED: ] C7 GtGfr~ S AGENT: ~tri0.~ T N~is~l:v~kc.VJt~ ~~rtifnv~~,n~ C-ov~st..~~K~ ADDRESS: f O ~ .~~a_~ r~ to i J~'~ X12• ZI ~7 TELEPHONE:(Bus.)$OS•a3 j-`7 (o~/ 2 (Res.) (Fax)So~~ ~135-b ~ ~ G~ Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Gt,DP ~ ~ min ~ COPIES: ay~v~+' EXHIBIT CHANGE OF ZONE APPLICATION BACKGROUND AND COUNTY ENVIRONMENTAL REPORT APPLICANT: Michael and Nina Tanabe REQUEST: Agricultural ten acres (A-l0a) to Family Agricultural three acres (FA-3a) TAX MAP KEY: (3) 2-4-65: 34 A) SUBJECT REQUEST 1) Details of the Proposed Development: a) Project description: The applicant is requesting a Change of Zone for approximately 10 acres of land from an Agricultural ten-acres (A-l0a) to a Family Agricultural three acres (FA-3a) zoned district. The property is located on the southwest corner of Kupulau Road and Koaniani Street, Waiakea, South Hilo, Island of Hawaii and identified as Tax Map Key: (3) 2-4-65: 34. The applicant is proposing to subdivide the subject property into two family agricultural lots. The majority of the property has been extensively altered by heavy machinery and a portion of the property was previously utilized for sugaz cane cultivation. The property is currently vacant and utilized intermittently for pasturage. Portions of the property aze subject to flooding and a drainage easement has been established on approximately one acre of the property. b) Statement of objectives and reasons for the request: The applicant is proposing to subdivide the subjecYproperty into two parcels which will be utilized for residential and supplementary agricultural uses. The applicants intend to build a house for themselves on the lazger parcel and will be planting specialty citrus trees such as yuzu, kaffir and lime. The specialty citrus orchazd will provide a supplemental income to the applicants during their retirement years. The 3-acre parcel maybe utilized for the same purpose and will be offered to a fanuly member for purchase or will be sold on the open market. c) Timeframe and cost: The applicant intends to submit a subdivision application immediately after receiving approval for the boundary amendment and change of zone application. The estimated cost of the proposed subdivision is approximately $30,000. . Traffic impacts: The creation of one additional pazcel within this section of Waiakea, South Hilo is not anticipated to have an adverse impact on traffic conditions in the area. B) CONFORMANCE WITH STATE/COUNTY PLANS 1) State Land Use designation: The subject property is situated within the State Land Use Agricultural district. 2) Applicable goals/policies and objectives of the General Plan: The proposed project is consistent with the following goals, policies, and objectives of the General Plan. Economic Element 1 • 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. • Strive for diversity and stability in its economic system. • Provide an economic environment that allows new, expanded, or improved economic opportunities that aze compatible with the County's cultural, natural and social environment. Land Use Element • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. • 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. 3) General Plan designation: The General Plan Land Use Pattern Allocation Guide (LUPAG) Map designation for this section of the South Hilo District is Important Agricultural Land. 4) Applicable goals/policies objectives and priority guidelines of the Hawad State Plan: The proposed project is consistent with the following goals, policies, objectives and priority guidelines of the Hawaii State Plan. Goal (to achieve) • A strong, viable economy, characterized by stability, diversity, and growth, that enables the fulfillment of the needs and expectations of Hawaii's present and future generations. • Physical, social, and economic well-being, for individuals and families in Hawaii, that nourishes a sense of community responsibility, of caring, and of participation in community life. Obiectives and Polices for Population • Promote increased opportunities for Hawaii's people to pursue their socio- economic aspirations throughout the islands. • Plan the development and availability of land and water resources in a coordinated manner so as to provide for the desired levels of growth in each geographic area. 2 Obiectives and Policies for the Economy - Agriculture • Growth and development of diversified agriculture throughout the State. • Assure the availability of agriculturally suitable lands with adequate water to accommodate present and future needs. • Facilitate the transition of agricultural lands in economically nonfeasible agricultural production to economically viable agricultural uses. 5) Zoning: The zoning designation for the subject property is Agricultural ten acres (A- l0a). 6) Community Plans: The Hilo Community Development Plan, adopted by Planning Conunission Resolution in 1975, depicts the azea as Agricultural -ten acres (A-l0a). 7) Special Management Area (SMA): The subject property is not situated within the SMA boundary. C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA 1) Description of the subject property: The property is located on the southwest corner of Kupulau Road and Koaniani Street, Waiakea, South Hilo, Island of Hawaii and identified as Tax Map Key: (3) 2-4-65: 34. The majority of the property has been extensively altered by heavy machinery and a portion of the property was previously utilized for sugaz cane cultivation. The property is currently vacant and utilized intermittently for pasturage. Portions of the property are subject to flooding and a drainage easement has been established on approximately one acre of the property. 2) Lava Hazard Zone: The volcanic hazazd as assessed by the United States Geological Survey for the project area is " 3" on a scale of ascending risks 9 to 1 (Heliker 1990). Zone " 3" includes all of the city of Hilo situated south of the Wailuku River. 3) Distance from the coastline: The coastline is situated approximately 3.7 miles northeast of the subject property. 4) Agricultural Lands of Importance to the State of Hawaii (ALISH) designation: The property is classified as "Other Important Agricultural Land" by the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system. 5) U.S.D.A. Natural Resources Conservation Services Soil Service Report soil type: The soils of the project area are classified as Ohia silty clay loam (OHC) and Olaa extremely stony silty clay loam (OID). The OHC soil is a dazk brown silty clay loam underlain by unweathered pahoehoe lava. The OHC soil has an Agricultural Capability Subclass rating of IIIe which indicates soils having severe limitations (mainly due to erosion) that reduce the choice of plants, require special conservation practices or both. The OID soils consist of dazk brown, extremely stony silty clay loam underlain by A'a lava. The Agricultural Capability Subclass rating for OID soils is VIIs, nonirrigated, which indicates very severe limitations (shallow, droughty or stony) that make them unsuited to cultivation and that restrict their use lazgely to pasture or range, woodland, or wildlife. (U.S. Soil Conservation Service 1973) 3 6) Land Study Bureau soil rating: The overall master productivity rating for the soils of the subject property is Class C which is described as "fair". 'n Existing drainage ways or improvements: The Waiakea Stream flows through the subject property and approximately 1 acre of the property has been designated as a drainage easement. The drainage easement is unimproved. 8) Air/noise/water quality: The air quality of the subject property is primarily affected by pollutants derived from the volcanic emissions from the ongoing Kilauea eruption. The only other source of air pollution affecting the project site is vehicle exhaust emissions from neighboring streets. In general, however, the ambient air quality of the project azea meets all federal and state standards as evidenced by its designation as an "attainment" azea by the State Department of Health, Clean Air Branch. Existing noise levels in the vicinity of the subject property are typical of a rural residential neighborhood. Based on general observations at the project site, the site is not subject to current or projected noise levels that exceed 65 DNL (day-night average sound level, in decibels). The U.S. Department of Housing and Urban Development (HLTD) utilizes environmental noise criteria for evaluating the acceptability of housing project sites. Those sites having exterior noise levels that do not exceed an Lai of 65 dBA aze deemed acceptable and do not require additional noise attenuation. The Waiakea Stream bisects the subject property from the southern boundary in a northeasterly direction. This intermittent stream flows during periods of extended rainfall and serves as a drainage easement through the property. The proposed change of zone will have little or no duect, indirect or cumulative effects on Waiakea Stream inasmuch as no activity will occur within the one acre azea designated as a drainage easement. All project generated runoff will be contained on site and will not be directed to the stream. Potential construction and agricultural related impacts can be mitigated through careful management practices which aze intended to avoid potential contamination. Lz addition, the individual wastewater systems serving the subject pazcels will be located more than 100 feet from the stream and will comply with State Department of Health requirements 9) Existing archaeological, cultural or historic sites on National Register or Hawaii Register: Due to prior land clearing and use of the subject property for sugaz cane cultivation, it is highly unlikely that any azchaeological, cultural or historic sites aze present on the property. Based on the foregoing, a letter dated August 15, 2006, was transmitted to the State Historic Preservation Division requesting a "no effect" determination for the subject application. The State Historic Preservation Division responded with a letter dated September 20, 2006 which indicated that they believe that no historic properties will be affected by the proposed project. 10) Existing floraUfaunal resources (any native or exotic plants; any listed or candidate for endangered species): The vegetation of subject property is predominantly pasture grasses with gunpowder trees, guava and Afiican tulip trees also present. Based on the extensive prior disturbance of the land on the subject property for sugar cane cultivation and pasture use, no raze or threatened or 4 endangered plant or animal species are present or anficipated, and no adverse effects to any valued ecosystem aze expected from the proposed project. 11) Scenic or coastal resources: The predominant sceriic views in the vicinity of the project azea aze of Mauna Kea and Mauna Loa. These views will not be adversely affected by the proposed rezoning. Given the relatively flat topographic conditions of the project azea and distance from the shoreline, no coastal views are available to the subject property. There are no coastal resources in the immediate vicinity of the subject property. 12) Social settlement pattern for the area: The subject property is within an azea of transition between urban and agricultural activities. Parcels to the north and east of the subject property aze situated within the State Land Use Urban District and utilized for residential use. Parcels to the west and south aze within the State Land Use Agricultural District with limited agricultural activity. 13) Economic resources of the area: Although the subject property is situated on the fringe of the urban district for the City of Hilo, the project azea is still relatively close to employment centers, shopping centers, schools, churches, public and private service providers, and airport and wharf facilities. 14) Land values: Land values in the South Hilo district, as is the case in all the districts of the County, have stabilized over the past year although prices remain high reflecting a tight housing and residential land market as well as a strong demand for agricultural, commercial and industrial property. 15) Land use: The project azea is situated within an area with a mix of residential and agricultural uses. Surrounding properties contain a mix of single family dwellings, agricultural activities or are vacant. 16) Zoning: Pazcels to the east and west of the subject property aze zoned Agriculture one acre (A-1 a) although the pazcels to the east, makai of Kupulau Road, aze characterized by single family residences with non-conforming lot sizes ranging from 10,000 squaze feet to 15,000 squaze feet. The property to the north is zoned Single Family Residential fifteen thousand (RS-15) and property to the south is zoned Agricultural ten acres (A-l0a). D) PUBLIC FACILITIES AND SERVICES 1) Description of access: Access to the subject property is provided by the Kupulau Road (along the eastern boundary) and Koaniani Street (along the northern boundary). Kupulau Road is a County road with a pavement width of 28 feet within a 40 foot wide right-of--way. Koaniani Street is a County road with paved shoulders and swales within a 50 foot wide right-of--way. 2) Availability of water: County water is available from an existing 6-inch waterline along Kupulau Road and an 8-inch waterline on Koaniani Street. 3) Sewage disposal: The project azea is not situated within the service limits of the County's wastewater disposal system. The pazcels created by the proposed subdivision will utilize individual wastewater systems meeting with the approval of the Department of Health. 5 4) Solid waste: There is no municipal collection system for solid waste in the County of Hawaii. All waste generated by the proposed project will be disposed at appropriate sites designated by the Department of Environmental Management. ~ Police and fire protection: Fire, emergency medical and police services aze provided from the Kawailani Fire Station (approximately 3 miles away) and the Hilo Police Headquarters (approximately 5 miles away). 6) Schools: The project area is served by the Waiakea High School, Waiakea Elementary School, Waiakea Middle School and Waiakeawaena Elementary School. 'n Parks: Waiakea-Uka Pazk is located approximately 0.7 mile from the property and includes a gymnasium, ball fields and playground. 8) Other utilities and services (telephone/electricity): The subject property is served by electrical and telephone lines along Kupulau Road and Koaniani Street. E) ENVII2ONMENTAL ASSESSMENT AND ANALYSIS 1) Relationship between local short term uses of environment and maintenance and enhancement of long term productivity: Although the subject property is situated within the State Land Use Agricultural District and designated as Important Agricultural Land by the County General Plan, it is not well suited for intensive agricultural use because the property is bisected by the Waiakea Stream and has soil characteristics with severe limitations which limit the choice of plants and require special conservation practices. At best, the property is suitable for supplementary agricultural uses which will be more feasible with smaller lot sizes where residential and supplementary agricultural uses may be combined as permitted within the Family Agricultural three acre (FA-3a) zoned district. As such, approval of the subject change of zone application will result in a more efficient utilization of the land. 2) Mitigative measures proposed to avoid, minimize, rectify or reduce impact: Impacts resulting from the proposed change of zone is expected to be minimal. Any potential impacts can be mitigated by complying with all applicable code requirements. 3) Alternatives to the proposed development: In the event that the change of zone application is denied, the A-l0a zoning will remain in place and the property will continue to be utilized on an intermittent basis for low intensity pasture use. 4) Irreversible and irretrievable commitments of natural resources that would be invoWed if the proposed action is implemented: The project azea is designated as "Other Important Agricultural Land" by the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system. As noted previously, however, the subject azea is not well suited for intensive agricultural use because the property is bisected by the Waiakea Stream and has soil chazacteristics with severe limitations which limit the choice of plants and require special conservation practices. Approval of the proposed change of zone to FA-3a will allow the property to be utilized in a more productive manner with residential and supplementary agricultural uses as compared to the existing low intensity pasture use. 6 ATTACHMENT Agricultural Rezoning 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? DES If mss, 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? 10 b, Into what lot sizes? ac 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? N ~ Ada. d. Do you intend to build houses on the newly created lots?YC .rolR,sEL~ if.}~es, please answer the following questions: On how many of those lots? i At what approximate price range? House ryp Lot Total ~A Approximately how long, after approval of the subdivision, would the first house be available for occupancy? NO TAM@71+3li: If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application a~-~u , n form. c.~ 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? Sell or lease the land to someone who has no plans? - -r--- d. Keep it? e. f• If you intend to do either a, b, c, please elaborate on the kind of plans the other party has. Please, also include in your answer approximately how soon after approval~of your rezoning do you expect to transfer the subject land to another party. 3• Do you think that your request and your further plans for the land will alleviate the local housing situation? ~ o How? g, Are there any buildings on the subject area? H o If so, what kind? What do you intend to do with those buildings if your request is approved? 5. Is the subject land currently being used for any agricultural activity? N O If so, please list the kinds of products grown and on how many square feet or acres of land per product. 6. Was your request to allow for the creation of smaller agricultural lots? YES If so, did your plan include the following considerations? a, Commodity to be produced? Gh^a5' 5 2ciGl GifiuS SkcI1.a5 ci.ZN ka~NJ' What kinds of commodity? P y ~ 11~e,elc b. Suitability of the proposed lot-size for that commodity?Yzs inmrnc Cs s„~~ler~e.tta? Sufficient farm size to allow reasonable chance of success in commercial agriculture? N A -2- d, Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into same form of agricultural use? NA Please state the proposed type of arrangement. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together ctT~s ouis~f7G with your request for a change of zone. pF FWD zoNG If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. To your knowledge, has there been any flooding and/or drainage problem on the subject area? Yom' If so, please describe the problem. R po~2TtGN 6F -fNE Ct.~1~lC.c=NT ~G~•?hGE` l5 'OI:G~WiGt~ A G~zY~ ZoN6• WALAKE0. S'CYt-C-&s'~1 b~U7hES ~PrtZCEL rN'CO TWD LOTS, 8• Do you think that the roads leading to the subject area needs improvements? ~ o If so, what kind? Is the road adequate for the proposed traffic volume or load? YES 9• What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools b. Roads ~ v ~ Sewer d. Drainage -3- Yes No e. Police Protection ~ v f. Fire Protection g, Recreational Facilities r h. Public Utilities I, Other For those checked "yes", please elaborate what type or kinds of improvements and/or assistance are needed. Signature: Address: I(~6( pN PL, Telephone: 95g-~4! S$ r + /x ~ /ob Date: -4- TRUE NORTH Scole: 1 in = 200-- KUPULAU STREET 3ss•4o' - s79.ao 94.86 0.2 9 75 338.52 - - Future RO°d ~ oWidening SNN s~o a, ~y'~~~0 h~p'~ L - 1 0 0 310'40' o. \ ~w 5.yti° o / ~ ~ ~ ; °0 15, 362.57 S v o 42.43 \ ~ / / ~~5 3,246.21 W ~ ~ R=30.00 r, ° / ~ "HALAI" D N _ _ X B50 ~i0e / a ~ r O~ 2 ~ R=350.00 ~m ~R JO 40 O ~ Q °0 ~h ~ - ~rn75,383.31 5 ~N N ati' ~s~\`j0+ ~5'\ 3,579.83 W ' ~ /3y os ~~SB Rn~ni' e \ , / Y), ~ °s ~o ~ J ~ ~ / I90 eft LOT 3-A ?67s•\ s, ,°„~a,„Q° Lot 4 ~`'S;S3.005 ACRES °64p ~ gSFM r° 4 \ (F~ FNT Cam" OR q~R ?s~o LOT 3-B pURp S ~~F 5 x,6.995 ACRES ~ o Lot 2 ~ ~ / \ 1 / < 6 / \ \ i° / \ N / 'i \ ~ G ~ _ _ R=400.00 W~ 7 15,181.20 S 265'40' 4 249 39 W 116.31 "HALAId A 175'40' - 256.66 W r 29 30 31 32 33 W 34 FOR REZONING KOANIANI PL (/7 ~~~5 T• PLAN SHOWING ~ ucensm THE SUBDIVISION OF LOT 3 zs 24 23 * ~""c ~"7°,E" BEING A PORTION OF LOT 818 (GRANT 11,639 TO AKIRA NAKAMATSU - No. saes AND HIROKO YAGI NAKAMATSU), Q I LOT 819 (GRANT 9,460 TO HENRIETTA D. HOLT) 21 22 Z OF WAIAKEA HOMESTEADS, 2ND SERIES AND Q ALL OF GRANT S-14360 TO O This work was prepared by me KULANA FOODS, LTD. MALAE ST Y or under my supervision. INTO LOTS 3-A AND 3-B WAIAKEA, SOUTH HILO, 14 13 12 ISLAND OF HAWAII, HAWAII SllrVey and Plan by Island Survey, InC. ROBERT T. SHIRAI, PLS P.O. Box 4215, Hilo, Hawaii 96720 State of Hawaii Cert. No. LS-5965 June 6, 2006 10 11 License Expires Aprii 30, 2008 Tnx Mnn Kee 9-4-065 CI34 ~~P~ I,OCBTION ?IAP 7 On`pmaa ,BaY - - ePapaYcou I, - - ~.,ti - ~;'i ai ~i, - - 'i ,r Mao Bay KuMoy - NaNaa g~, . - ' r we<toa aver INo'INamational~ a., :^'~g >'H~b'~e~ ,rge"FenC __pypon'. - ~ - f~~ ~ = vlsfk, i> UnWerlMyo1. - 9~fiq ~ _ 1~Vd prylakG St:2~ b ffi .~'~$OJI+,CT~ SITS'z: s'+E,; Q°_ ,~uce,.,sE,: , a~Y~ ' I ~ ~ 1 ~~o .va Keaeu ®2006 Google data ®2006 NAVTEQTM -Terms of Use,', DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII ~~,,yy~~ ~ J~-~.~-~ DATE: February 1, 2007 %%LeNll~0~~1Q~ItAtiNlL TO: Christopher J. Yuen, Planning Director FROM: ~ Depa"rtment of Public Works SUBJECT: CHANGE OF ZONE APPLICATION (REZ 07-000058) Applicant: Michael and Nina Tanabe Request: A-10a to FA-3a Tax Map Key: 2-4-65:034 We have reviewed the subject application forwarded by your memo dated January 3, 2006 and offer the following comments for your consideration. A portion of the subject parcel is located within Flood Zone AE as designated on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Flood Zone AE is the Special Flood Hazard Area inundated by the 100-year flood where base flood elevations are determined. For areas intended for agricultural use, the applicant should consult with the Natural Resources Conservation Service, formally known as the Soil Conservation Service. The Zoning Map (Ordinance No. 187) classifies Kupulau Road as a proposed secondary arterial of 80 feetwidth fronting the subject parcel. Koaniani Street is a County right-of-way of 50 width. Questions may be referred to Kelly Gomes of the Engineering Division at ext. 8327. EXHIBIT r.,...,... ,.vu~..,~a a~ F.,~~~i n.,..,..n,,,~n, u..,.,~a., a~a c..,,,i,,..P. cF WATEq a Q~Q1. Gq(~ t~~7 F{B ' Pr'? '35 19 09 °oo ~r DEPARTM~ta-`I~T'OF-WAT~R~.~_UiPPLY • COUNTY OF HAWAI°I ~roFgpWp~~~p 345 K2r(-l~-R'Nb.O A STR~~E't~;~1$UITE 20 HILO, HAW AI`I 96720 TELEPHONE (808) 961-8050 FAX (808) 96i-8657 January 31, 2007 TO: _ Mr. Christopher J. Yuen, Planning Director . Planning Department FROM: Milton D. Pavao, Manager SUBJECT: CHANGE OF ZONE APPLICATION (REZ 07-000058) APPLICANT -MICHAEL AND NINA TANABE REQUEST: A-l0A TO FA-3A TAX MAP KEY 2-4-065:034 We have reviewed the subject application and have the f~llowing comments and conditions. Water can be made available from an existing 6-inch waterline within Koaniani Street or from an existing 8-inch waterline within Kupulau Road, both fronting the subject parcel. The subject parcel currently has a I-inch service lateral installed to it capable of accommodating one 5/8-inch meter, or one unit of water, which is limited to a maximum of 600 gallons per day, and suitable for only one single-family dwelling. Pursuant to Rule 5 of the Department's Rules and Regulations, the Department requests that the applicant remit a water commitment deposit of $150.00 per additional unit of water as soon as possible so that a water commitment may be formally effected. The commitment will be in writing with specific dates and conditions stated. Based on the proposed 2-lot subdivision, the water commitment deposit amount is $150.00 for one (1) additional unit of water. Upon receipt of the water commitment deposit, we will provide our requirements for water service, applicable facilities charges due, and other conditions for final approval. Please keep in mind that this letter shall not be constmed as a water commitment. In other words, unless a water commitment is officially effected, water availability is subject to change without notice, depending on the water situation. Should there be any questions, you may contact Mr. Finn McCall of our Water Resources and Planning Branch at 961-8070, extension 255. Sincerely yours, l Milto Pavao, P.E. Man er FM:dfg ~`~C°°~~ 3~ copy - Mr. Michael and Ms. Nina Tanabe EXHIBIT Mr. Brian T. Nishimura ~ A / / ..3 ~ UVaEer brircc~d proc~re~d... The Department of Wa[er Supply Is an Equal Opportunity provider and employer. To file a complaint of discrimination, write: USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 14th and Independence Avenue, SW, Washington DC 20250-9410. Or call (202) 720-5964 (voice and TDD) r ~r or N Harry KvIP LL Lawrence K. Mahuna ' - - Po(ice Chief Mayor ~ -,.1 Harry S. Kubojiri Deputy Pofice Chiej County of Hawaii POLICE DEPARTMENT 349 Kapiolani SVee[ • Hilo, Hawaii 96720-3998 (808)935-3311 Fax (808)961-8869 January 11, 2007 TO HRISTOP~R J. YUEN, PLANNING DIRECTOR V11. ss~~(( FROM J MES M. DAY,VASSISTANT POLICE CHIEF, AREA I OPERATIONS SUBJECT: CHANGE OF ZONE APPLICATION (REZ 07-000058) APPLICANT: MICHAEL AND NINA TANABE REQUEST: A-10A TO FA-3A TAX MAP KEY: 2-4-65:34 Staff, upon reviewing the provided documents and visiting the proposed site, does not anticipate any significant impact to traffic and/or public safety concerns. Thank you for allowing us the opportunity to comment. RA/Ili EXHIBIT k~,, ~ . "Hawai`i County is an Equal Opportunity Provider and Employer' Harry Xiai ' ~ Darryl J. Oliveira Mayor Fire Chief i' v A`~ i Glen P. I. Hoada < < <ti~ , L di'A:'" ~ ~=t,r--~~=rl Deputy Fire Chief ~vuntp of ~a~~u~f `i FIRE DEPARTMENT 25 Aupuni Street • Suite 103 • Hilo, Fiawai'i 96720 (608) 961.6297 . Fax (808) 961.8296 January 17, 2007 TO CHRISTOPHER J. YUEN, PLANNING DIRECTOR FROM DARRYL OLIVEIRA, FIRE CHIEF SUBJECT: CHANGE OF ZONE APPLICATION (REZ 07-000058) APPLICANTS: MICHAEL AND NINA TANABE REQUEST: A-lOatoFA-3a TAX MAP KEY: 2-4-65:34 We have no comments to offer at this time in reference to the above-mentioned Change of Zone application request. IDARR`~~LIVEIRA i Fire Chief PBE:Ipc EXHIBIT ~p~~ Copy i < f r ~EOE~ Havai'i County is an Equal Opportunity Prorrider and Employer. ~N1Y ar ~~Jy4 Harry Ktm Barbara Bell Director Mayor Ih~.'~ J?ti' ~ i~r~ 9i1 ~re~.~. "~~o~'~~° Nelson Ho - - ;_n~~- Deputy Director '~~~J~ i ' f ~ . ~LII1Iti~~J iT~ ~tI~Mtt DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Siree[, Room 210 • Hilo, Hawaii 96720-0252 (808) 961-8083 • Fax (808) 961.8086 MEMORANDUM Date : January 4, 2007 To CHRISTOPHER YUEN, Planning ect r From: BARBARA BELL, Director Subject: Change of Zone Applicatio (REZ 07-000058) Applicant: Michael and Nina Tanabe Request: A-l0a to FA-3a TMK: 2-4-65:34 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: WASTEWATER COMMENTS: No comments ( )Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii County Code. ( )Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawaii County Code. Complete D.E.M. Sewer Extension Application. ( )Require extension of the sewer system to service the proposed subdivision in accordance with Section 2„3-85 f t I~g~,a,}~County Code. ( Other: (1lCj tom, ~ t~.~,~„TECHNICAL SERVICES COMMENTS: r~~ ~~r~-~xt_ y~~..,,,r.~~~,., SOLID WASTE COMMENTS: ( ) No comments (~Q) Commercial operations, State and Federal agencies, religious entities and non-profit organizations may not use transfer stations for disposal. Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. Ample and equal room should be provided for rubbish and recycling. (,X) Greenwaste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or other suitable diversion programs. (x) Construction and demolition waste is prohibited at all County Transfer Stations. ( )Submit Solid Waste Management Plan in accordance with attached guidelines. ( )Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. ( )Other: cc: SWD, TSS, WWD ~ 9062 Hawai ~i County is an equal opportunity provider and employer. ~ SE °+."1 PETERT. YOUNO . qP~E ~ fF1AdPER9q~ LDVDA LINGLE e// % $OapDOF UVO ArDrgnmu.RFSO~mcEs GOVERNOR OF HAWAII j ~ CW1M6510r ON WgTLR RE~ORCE MAYA aEMEM" R IRA n ij`~ e - p-n If RO~RRrvKD~~UDA U I)r1 ~ 1 h r i I ~ ~~i DEAN NAKANO A ACTO!(i OEPLT'DIXECtOR-wATFA Dt~pnd angry i~LI `1 ;~j I `~a`~:me`amTaaT -voai F`~ ~ t~ I -1CA'!1 AWAnc xftsDlmcFs RoATwa AND CfE.ON RECPEAt10N q RuRewl.~oTCw+YEVgNEEs y ~ STATE OF HAWAII COMM65ION ON WAIER PFBCIWfEMM'AOFAfENT O _ CONSIXVATICN ANDCOASTgL L/.ND$ DEPARTMENT OF LAND AND NATURAL RESOURCES CO"sE"Y"T'°"""°"`s°""`~pJFO0.`~"`T'T Erowerxwo LAND DIVISION ToRESrnv uro "'°-D~u>: H6TOftIC PRESplvAT10N " 1:AXOOLAWE ISLM'D RFSFRVECVMM65ION S'taRa~y~y.N*" POST OFFICE BOX 621 srA,rEP~ HONOLULU, HAWAII 96809 January 8, 2007 County of Hawaii Planning Department 101 Pauahi Street Suite 3 Hilo, Hawaii 96720 Attention: Norman Hayashi Gentlemen: Subject: Michael and Nina Tanabe, Hilo, Hawaii, Tax Map Key: (3) 2-4-65:34 Thank you for the opportunity to review and comment on the subject matter. The Department of Land and Natural Resources has no comment to offer on the subject matter. Should you have any questions, please feel free to call our office at 587-0433. Thank you. Sincerely, Russell Y. Tsuji Administrator Cc: Central Files EXHIBIT LINDA LINGLE ~ o. „ CHIYOME L. FUKINO, M.D. GOVERNOR ^".~k Direclw of Health A 10 ea ~ `'~i i ~;lnq 113;1 . " c'r' , ; ~ I t U l _ t~ 5i STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: January 9, 2007 TO: Christopher J. Yuen Planning Director, County of Hawaii FROM: Aaron A. Ueno District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 07-000058) Applicant: Michael and Nina Tanabe Request: A-IOa to FA-3a Tax Map Key: '2-4-65:34 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. We recommend that you review all of the Standard Comments on our website: www.state.hi.us/health/environmental/env-plannin~Jlanduse/landuse.html. Any comments specifically applicable to this project should be adhered to. WORD:REZ 07-000058.my EXHIBIT 8 l~{ii ~~Lt ~ Iry ~r~ 9^ ~-J BRIAN T. NISHIlVILTRA, PLANNING CONSULTANT 101 Aupuni Street, Suite 217 - ~ , Hilo, Hawaii 96720-0221 ~,~JtifJ l r{;~ i Phone: (808) 935-7692 Fax: (808) 935-6126 E-mail: btoishi@hawaiiantel.net February 2, 2007 Mr. Christopher J. Yuen, Director County of Hawaii Planning Deparhnent 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 Subject: Change of Zone Application (REZ 07-000058) Applicant: Michael and Nina Tanabe Request: A-l0a to FA-3a TMK: (3) 2-4-65: 34 Dear Mr. Yuen: This is in response to my telephone conversation with Norman Hayashi requesting clarification and supplemental information regarding the subject change of zone application. Please be advised that the applicants aze requesting a FA-3a zoning designation ratherthan a FA-Sa designation because their ultimate goal is to subdivide the property into three separate parcels. During our previous conversation regarding this matter in March, 2006, you did not support a S- lot subdivision proposal for the pmperiy because of the existing flood hazazd designation which severely limits the buildable area available. The Department of Public Works has indicated that future improvements to the Waiakea Stream are being considered and may result in flood hazazd map revisions for the subject property. The applicants are willing to have a condition imposed which would prohibit them from creating the third parcel until the flood mitigation improvements are made and the flood insurance maps aze revised to reduce the area affected by the flood hazard designation on the subject property. In addition, several sections of the Background and County Environmental Report submitted with the application need to be corrected or clarified. The reference to boundary amendment in section A) 1) c) Timeframe and cost, should be deleted because the subject application does not include a boundazy amendment. With regard to agricultural suitability of the subject property, please note that section C 5) provides the Agricultural Capability Subclass rating for the soils on the subject property as determined by the U.S. Soil Conservation Service. The Ohia silty clay loam (OHC) and Olaa extremely stony silty clay loam (OID) both have severe limitations that either reduce the choice of plants, require special management practices or may make them unsuited to cultivation. EXHIBIT 9 Finally, section C 9) should be expanded to include the following regarding native Hawaiian gathering and fishing rights and associated traditional and customary practices of the site. Presently, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor evidence of any known valued cultural, historical or native resources of the area. Due to the prior land clearing and use of the property for sugaz cane cultivation, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources of the area. Should you have any questions regazding this matter, please do not hesitate to contact me. Sincerely, V v l Brian T. Nishimura, Planning Consultant RTambeREZ.doc 2/7/07 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION MICHAEL AND NINA TANABE CHANGE OF ZONE APPLICATION (REZ 06-0000581 Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation for a Change of Zone from Agricultura110-acre (A-l0a) to Family Agricultural 3-acre (FA-3a) for approximately 10.00 acres 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 position. This favorable recommendation is based on the following findings: Change of zone from A-l0a to FA-3a to subdivide the property into two pazcels to be used for residential and supplementary agricultural uses. One lot will be approximately 6.9 acres in size, the other, approximately 3 acres in size. The applicants intend to construct a dwelling for themselves on the lazger 6.9-acre pazcel and plant citrus trees such as yuzu, kaffir and lime. The specialty citrus orchard will provide supplemental income during the applicants' retirement yeazs. The smaller 3-acre parcel may be utilized for similar purposes, and will be offered to a family member for purchase or sold on the open market In order to consider an area for any type of zoning designation, the applicable goals, policies and standazds 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 be also considered as they may have an impact on similar areas in the County. The property is a 10-acre vacant pazcel used intermittently for pasturage. The majority of the site been extensively altered by heavy machinery. Vegetation on the property consists of pasture grasses with gunpowder trees, guava and African tulip trees. -1- Surrounding properties aze zoned RS-15 to the north, A-la to the west, A-l0a to the south, and A-la across Kupulau Road to the east. Uses in the immediate azea include residential and agricultural activities. The Change of Zone request from A-l0a to FA-3a will conform to the goals, policies and standards of the General Plan Economic and Land Use elements. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and pohcies 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 azeas within the County. The subject area is designated Important Agricultural Land which includes lands that aze not capable of producing sustained, high agricultural yields without the intensive application of modern farming methods and technologies due to certain physical constraints such as soil composition, slope, machine tillability and climate. Important Agricultural Land(s) are those with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors. Soils within the property aze identified as OHC, or Ohia silty clay loam and OID, Olaa extremely stony, silty clay loam. Ohia soils aze mostly used for sugazcane, pasture, and woodland. Olaa soils aze used for sugazcane. For both soil types, the permeability is rapid, runoff is slow and the erosion hazard is slight. The Land Study Bureau's Detailed Land Classification System identifies soils on the property as "C" or "Fair" for agricultural productivity. The property is designated as Other Important Agricultural Land under the ALISH System. The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as AE, a Special Flood Hazard Area inundated by the 100-year flood where base flood elevations are determined. A condition will be included to prohibit the construction of dwellings and related improvements within areas designated AE by the Flood Insurance Rate Map ~ID~• The major concern in allowing a rewning of agricultural land that creates smaller lot sizes is that this will reduce the potential use of the land for commercial agriculture by -2- fragmenting the land into areas too small to be farmed on a commercial scale. While a few crops can be intensively cultivated on very small acreages, usually these crops have a very limited market. Reducing the size of the lots can reduce the range of potential agricultural uses and the range of market opportunities for those crops. In this particular situation, the applicants intend to construct a dwelling for themselves on the larger 6.9-acre parcel and plant citrus trees such as yuzu, kaflir and lime. The specialty citrus orchard will provide supplemental income during the applicants' retirement years. Access to the property is from Kupulau Road, a County roadway. The City of Milo Zone Map (Ordinance No. 187) identifies Kupulau Road as a proposed 80-foot right- of-way, with a future 40-foot road widening setback on the mauka side of the Kupulau Road. As the property is located on the mauka side of Kupulau Road, the applicants will be required to set aside a future road widening setback along the property's frontage. Koaniani Street is a County right-of--way approximately 50 feet wide Should this request be approved, the applicants may apply for a Second Farm Dwelling, allowing for the construction of a second dwelling unit on each lot. The potential to allow additional dwellings may contribute to the cumulative burden on the existing infrastructure. As such, a condition is included to prohibit a second dwelling unit and a Condominium Property Regime (CPR) on each lot. The condition will require that restrictive covenants be included in the deeds of all the proposed lots for the subdivision prohibiting second dwelling units to preserve the residentiaUagricultural ambience of the azea. The newly created lots will provide opportunities for family members or fixture landowners who wish to pursue limited agricultural activities, but aze not able to commit to the financial or labor demands placed on them by larger parcels. Since the property was formerly used for pasturage and has been disturbed in the past, no commissioned archaeological survey was conducted. It is expected that no azchaeological or historic features exist on the property. By letter dated August 15, 2006, the applicants have requested a "no effect" letter from the State Department of Land and Natural Resources Historic Preservation Division (DLNR-HPD). By letter dated -3- September 20, 2006, the SHPD responded that "no historic properties will be affected by the proposed project." According to the Department of Water Supply, water can be made available from an existing 6-inch waterline within Koaniani Street or from an existing 8-inch waterline within Kupulau Road. As there is no municipal sewer system in the area, wastewater will be disposed of by individual wastewater systems, meeting the requirements of the Department of Health. All other essential utilities and services aze or can be made available to the site. 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 site is located approximately four miles from the neazest shoreline and therefore will not be impacted by coastal hazazd and beach erosion. There is no record of a designated public access that traverses the property. According to the applicants, 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 azea. In view of the 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: • InvestitZation of valued resources: No formal azchaeological reconnaissance survey, oral history of kamaaina accounts of the area, historical survey of documentary records, or botanical study was included in the application. • The valued cultural historical and natural resources found in the rezoning azea: The property has been cleazed and intermittently used as pastureland. As such, it is anticipated that no historic properties will be affected. By letter dated September 20, 2006, the DLNR has stated that no historic properties will be affected by this project. -a- • Possible adverse effect or impairment of valued resources: Native plants maybe destroyed by ground alteration. There is no evidence that the flora in the area aze particularly desired or used for cultural practices. • Feasible actions to protect native Hawaiian ri hg_ts: As stated by the applicants, no gathering is taking place on the site. Thus, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. Based on the above Endings, approval of the Change of Zone request from an Agricultura110-acre (A-l0a) to Family Agricultural 3-acre (A-3a) zoned district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. The accompanying draft bill to amend Section 25-8-33 (City of Kilo Zone Map) is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -5- cr~xaz.a~znro~ MICHAEL ANI) NINA TANABE CHANGE OF ZONE APPLICATION (REZ 06-000058) CONDITIONS OF APPROVAL A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant shall submit the required water commitment payment to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within one hundred eighty (180) days from 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 construction of single-family dwellings and related improvements or other substantial buildings or subdivision roads within azeas designated "AE" by the Flood Insurance Rate Map (FIRM). Restrictive covenants in the deeds of all lots shall give notice of the terms of this rezoning condition. No residential lots maybe created which lack a buildable azea. This restriction may be removed by amendment of this ordinance lly the County Council. A copy of the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. E. All driveway connections to Kupulau Road shall wnform to Chapter 22, Streets, of the Hawaii County Code. F. The applicant(s) shall provide a 40-foot wide future road widening setback along the entire property frontage along Kupulau Road. G. 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 one year may be extended for up to one additional year). 5. If the applicant should require an additional extension of time, the Planning Department shall submit the applicant's request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the azea to its original or more appropriate designation. -3- ,~tY oe y COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO. (PLANNING DEPT) AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL 10-ACRE (A-l0a) TO FAMILY AGRICULTURAL 3-ACRE (FA-3a) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-4-065:034. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following azea situated at Waiakea, South Hilo, Hawaii, shall be Family Agricultural - 3 acre (FA-3a): Beginning at the southeast corner of this parcel of land, and on the west side of Kupulau Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALM" being 15,362.57 feet South and 3,246.21 feet West and running by azimuths measured clockwise from True South: 1. 85° 40' 986.61 feet along Lot 2; 2. 175° 40' 256.66 feet along Lot 34; Thence along the south side of Koaniani Street, the direct azimuths and distances between points for the next six (6) courses being: 3. 265° 40' 116.31 feet; 4. Thence along a curve to the left having a radius of 400.00 feet, the chord azimuth and distance being: -1- 245° 27' 30" 276.35 feet; 5. 225° 15' 268.00 feet; 6. Thence along a curve to the right having a radius of 350.00 feet, the chord azimuth and distance being: 245° 27' 30" 241.80 feet; 7. 265° 40' 150.00 feet; 8. Thence along a curve to the right having a radius of 30.00 feet, the chord azimuth and distance being: 310° 40' 42.43 feet; 9. 355° 40' 579.40 feet along the west side of Kupulau Street to the point of beginning and containing an area of 10.000 acres. All as shown on the map attached hereto, mazked Exhibit "A" and by reference made part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition), 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. -2- I SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -3- A-fa q.fa a A a A-fa 1 Ado. N W E EIO _ a P A is 1 S 1 &5 ~ 15 A fa -fa AGRICULTU 10.ACRE(h10a) lq IgT o TO FAMILY- GRICULTURAL >o A 1 Pu A-fa 3AC FA3a 10.00 ACRES A- ¦ fa A-f0a 1 0 z A-fa I UL I ~ P x RS-15 RS- 0 x m z ua ~ ~ z A-1 KA 5T A 1e A- a I A-fa A-fa A-f0a r O 15,38257 S o A-fa $216.21 W "HACAI 8 a.fa A-fe A-fa i 1 a - a A-fa w N w N ~ q.1 A-fa ~ 'di A-9a rc _ - a A•3a 620 310 - 0 620 1240 1660 2460 3 t Feet AMENDMENT TO THE ZONING CODFE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL 10-ACRE (A-10a) TO FAMILY-AGRICULTURAL 3-ACRE (FA-3a) AT WAIAKEA, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII K: 2.4-065:034 Date: January 3,2007 EXHIBIT "A" (Michael & Nina Tanabe:t223)