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Home My WebLink AboutCOM 0938.000 1996-19984r - Stephen Stephen K. Yamashiro Mayor July 29, 1998 (goun#g of Attfuttii 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-8211 • Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808)329-5226 • Fax(808)326-5663 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Application (REZ 98-13) Planning Director Initiated Request: RS -15 to RS -10 and Open Tax Manley: 2-4-29:13 to 31. 33 to 47. 49 to 58 and 2-4-60:1 to 33 William G. Davis Managing Director Henry Cho Deputy Managing Director As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action is the Planning Commission's letter and enclosures regarding the above -referenced request. Sincerely, phen Kamashiro Mayor LMacha0l.MAY Enclosures cc: Planning Commission REZ 98-13 81,1f a-74 AUG t993 Stephen K Yatnashiro Mayor NUL 2 9 1998 dauttfV of clttf nff PLANNING COMMISSION 25 Aupuni Street, Room 109 • Hilo, Hawaii %7204252 (808) 961-6288 • Pax (908) 961-9615 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Application (REZ 98-13) Planning Director Initiated Request: RS -15 to RS -10 and Open Tax ManKey: 2-4-29.13 to 31. 33 to 47. 49 to 58 and 2-4-60:1 to 33 The Planning Commission, after a duly held public hearing on July 17, 1998, voted to recommend for your approval the proposed legislative bill to change the district classification for approximately 33.640 acres of land from Single Family Residential (RS -15) to Single Family Residential (RS -10) and Open (0). The area involves the existing Machado Acres Subdivision located between Haihai Street and Ainaola Drive, adjacent and west of Maunakai Circle Subdivision, Waiakea, South Hilo, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: 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. Review of these goals, policies and standards in the context of the proposed request, assists us in evaluating and determining the most desirable use of land and to assure that development is coordinated within the County in the best interest of its people. 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. As we look at the larger picture, we realize that the implication of these evaluations and decisions must also be considered as they may have an impact not only on other similar areas in the County, but ultimately, on the future development of the whole island. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 In 1972 and 1973, the Machado Acres Subdivision was developed under the Cluster Plan Development procedure, whereby the maximum number of lots that could be created was 76 residential lots having minimum 10,000 square feet. The remaining area was considered common land set aside for open space or for recreational use. Originally, the subdivision consisted of 74 lots with lot sizes ranging from 10,000 to 20,806 square feet; 2 lots - 44,667 square feet and 48,227 square feet; and 2 lots - 3.994 acres and 3.923 acres for the designated park site. According to the Machado Acres Association, as part of the covenants of the sales agreement for lot owners in the Machado Acres Subdivision, each lot owner automatically becomes a member of the Machado Acres Association as a condition of ownership. Further, in accordance with the By -Laws of the Machado Acres Association, the purpose of this nonprofit organization is to administer an 8 -:E -acre park site (TMK: 2-4-29:28 and 2-4-60:1) which had been set aside by the developer as a public park area. Although the developer donated $10,000 to the Machado Acres Association in lieu of developing the park, the park was never developed due to the high cost to prepare the land, which far exceeded the money available. It is also stated that the Machado Acres Association is legally liable for any injuries that may occur on the designated park area, and therefore, the Association preferred to eliminate all liability that the Association and its members are presently subjected to. As a solution to this liability problem, the Machado Acres Association requested that the affected Machado Acres Subdivision be rezoned so as to separate the designated park site from each lot. The park site would then be dedicated to the County of Hawaii for park recreational purposes. The proposed Single -Family Residential (RS -10) and Open zoned districts can conform to the following goals, policies and standards of the Land Use Element of the General Plan: * Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. * Zone urban- and rural -types of uses with ease of access to community services and employment centers and with adequate public utilities and facilities. * 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. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. Approval of this request would also compliment the following goals and policies of the Single -Family Residential Element of the General Plan: To provide single-family residential areas conveniently located to public and private services, shopping, and other community activities and convenient access to employment centers. The County shall designate and allocate single-family residential zoned lands at varying densities for future use in accordance with the needs of the communities and the stated goals, policies, and standards. The request for an Open zone district would be consistent with the following goals and policies of the Recreation Element of the General Plan: * Provide a wide variety of recreational opportunities for the residents and visitors of the County. * Provide a variety of environments for active and passive pursuits. * Facilities for compatible multiple uses shall be provided. * The County shall coordinate recreational programs and facilities with governmental and private agencies and organizations. Innovative ideas for improving recreational facilities and opportunities shall be considered. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is also used to evaluate a change of zone request. This LUPAG Map is a graphic expression of the General Plan's goals, policies, standards and courses of action and it displays the physical relationship among the various land uses. It also establishes the basic land use pattern that is intended to guide the direction of future development on this island. In this case, the requested zone change conforms to the LUPAG Map, which designates the area for Low Density Urban Development, which allows for single-family residential developments, and ancillary community and public uses. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 Although the Hilo Community Development Plan, adopted in 1975, recommended the area for Residential -15,000 square foot lots, since 1979 the County Council has been approving change of zone requests from RS -15 to RS -10 in the immediate vicinity of the subject area and extending further west to Kupulau Road. Lands surrounding the subject area are primarily residential in nature with single family dwellings and/or vacant lots. Lands to the north, east and south of the subject subdivision are zoned Single Family Residential (RS -15) and to the west are zoned Single Family Residential (RS -10). Adjacent and east of the subject area is the 86 -lot Maunakai Circle Subdivision which was also developed under the Cluster Plan Development (CDP) concept, with 10,000 square foot lots. Lands to the south and on the Puna side of Haihai Street consist of the Palakiko and Hale-O-Lani Subdivisions which comprise of minimum lot sizes of 15,000 square feet. The County Council approved in 1979, 1983 and 1992 several Single Family Residential (RS -10) rezoning in the immediate vicinity. Other Single Family Residential (RS -10) zoning which have been approved by the County Council are located further west of the subject area, from the proposed Komohana Street extension to Kupulau Road. The subject area is in close proximity to schools, commercial areas, employment centers and public safety services. Surrounding areas are primarily in single family dwelling uses. In addition, the Land Study Bureau's Soil Rating is "C" or Fair and the Agricultural Lands of Importance to the State of Hawaii (ALISH) Map classifies the property as "Existing Urban Development. " The subject park site for proposed development into active and/or passive recreational uses would provide additional recreation park area for enjoyment by the neighborhoods and community. It would also add to the acreage inventory for recreational purposes. The County Department of Parks and Recreation has indicated that the County would accept the existing park site. The County Ainaola Park is located approximately 450 feet to the north of the Machado Acres Subdivision. Other County recreational facilities and parks are available at Waiakea Uka Park Complex and Ahualani Park which are located further west of the subject area and within a distance of approximately 5 minutes. The Waiakeawaena Elementary School grounds and Andrews Gym are located within 10 minutes from the subdivision. There is also the Hilo Municipal Golf Course which is located less than a mile from the subdivision. As such, the granting of the proposed Single Family Residential (RS -10) and Open zoned districts will not adversely affect similar or related existing uses within the surrounding area, community or region. The proposed change of zone will not unreasonably burden public agencies to provide roads and streets, sewer, water, drainage, schools, police and fire protection, Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 and other related infrastructure. Keone Street is the primary access through the Machado Acres Subdivision and connects between Haihai Street and Ainaola Drive. Keone Street and all the roadways within the subdivision are County roadways which were constructed to fifty (50) foot rights-of-way and with full pavement and curb, gutters, and sidewalks. The General Plan Public Facilities Map and the City of Hilo Zoning Map both reflect proposed road widening for Haihai Street to a width of 60 feet, which would require a 10 -foot future road widening setback along the properties frontage situated along Haihai Street. In addition, both maps reflect the proposed Komohana Street extension (undeveloped existing 60 -foot right-of-way) along the western boundary of the Machado Acres Subdivision to an 80 -foot right-of-way, which would require a 20 -foot future road widening setback along the properties frontage situated along that portion of the proposed Komohana Street extension. Water is already available to the existing subdivision from the County water system. There are no municipal sewer system in the area. Wastewater generated by the existing subdivision is handled on site by means of cesspools or individual septic systems meeting the approval of the State Department of Health. All other essential utilities and services are or will be made available to support the proposed request. Because the subject area has been substantially altered by long-term sugarcane cultivation, ranching activities, years of grading and other topographic modifications, and residential development, there is no significant floral and fauna resources or habitats nor any archaeological sites evidently remaining within the area. The Department of Land and Natural Resources State Historic Preservation Division has indicated that the subject area is located on existing sugar cane land and is highly unlikely that any significant historic sites would be found at this location given the disturbance of the ground surface. Therefore, the likelihood of finding any flora, fauna or cultural resources are remote. Based on the foregoing, approval of the change of zone request from Single Family Residential (RS -15) to Single Family Residential (RS -10) and Open would result in an appropriate land use pattern that will further the necessity, convenience and welfare of the general public. For your favorable consideration, an amendment to Section 25-8-33, the City of Hilo Zone Map, of the County Zoning Code is transmitted. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 6 We are enclosing a copy of the application and a copy of the staff background for your information. Sincerely, Leonard Tanaka, First Vice -Chairman Planning Commission LMacha0l.PC Enclosures cc: Mr. Delmar Kleckner/Machado Acres Association Department of Public Works Department of Water Supply Department of Land & Natural Resources Kazu Hayashida, Director/DOT-Highways, Honolulu BPDMacOl.agk-7/4/98 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT COUNTY OF HAWAII PLANNING DIRECTOR CHANGE OF ZONE APPLICATION (REZ 98-13) COUNTY OF HAWAII PLANNING DIRECTOR is initiating a petition for a Change of Zone by changing the district classification from Single Family Residential (RS -15) to Single Family Residential (RS -10) and Open (0) for approximately 33.64 acres of land. The area involves the existing Machado Acres Subdivision located between Haihai Street and Ainaola Drive, adjacent and west of Maunakai Circle Subdivision, Waiakea, South Hilo, Hawaii, TMK: 2-4-29:13 to 31, 33 to 47, 49 to 58 and 2-4-60:1 to 33. 1. Land Ownership: The subject properties are owned in fee by various owners and the designated park site is owned by the Machado Acres Association, comprised of each lot owner. Each affected property owner has given authorization for the County of Hawaii Planning Director to initiate the change of zone request. 2. Request: The purpose of the land use change is to designate the park site as Open zone district and the remaining subdivision as Single Family Residential (RS -10). This would allow each property owner to own in fee simple its minimum 10,000 square foot lot and separate each owner from any liability on the common area designated as the park site. 3. Reasons and Objectives: Final Subdivision for Unit 1 and Unit 2 were approved by the Planning Director on July 20, 1972 and June 1, 1973, respectively. Both units were developed under the Cluster Plan Development procedure, whereby the maximum number of lots that could be created was 76 residential lots having minimum 10,000 square feet. The remaining area was considered common land set aside for open space or for recreational use. According to the Machado Acres Association, as part of the covenants of the sales ATTACH. C-938 (B-279) agreement for lot owners in the Machado Acres Subdivision, each lot owner automatically becomes a member of the Machado Acres Association as a condition of ownership. Further, in accordance with the By -Laws of the Machado Acres Association, the purpose of this nonprofit organization is to administer an 8± -acre part: site (TMK: 2-4-29:28 and 2-4-60:1) which had been set aside by the developer as a public park area. Although the developer donated $10,000 to the Machado Acres Association in lieu of developing the park, the park was never developed due to the high cost to prepare the land, which far exceeded the money available. It is also stated that the Machado Acres Association is legally liable for any injuries that may occur on the designated park area, and therefore, the Association prefers to eliminate all liability that the Association and its members are presently subjected to. As a solution to this liability problem, the Machado Acres Association requested that the affected Machado Acres Subdivision be rezoned so as to separate the designated park site from each lot. The park site would then be dedicated to the County of Hawaii for park recreational purposes. 4. Supportive Information: In support of the request, a Change of Zone Application has been submitted. (See Exhibit A - Change of Zone Application) STATE AND COUNTY PLANS 5. SLU: Urban. 6. General Plan Goals and Policies: The proposed request would be consistent with the goals, policies, standards and courses of action of the Land Use, Single -Family Residential, and Recreation Elements. 7. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Low Density Urban Development, which allows for single family residential in character, ancillary community and public uses, and convenience type commercial uses. 8. Hilo Community Development Plan: The Hilo Community Development Plan was adopted as Resolution No. 1 on May 21, 1975 by the Planning Commission. The plan intended to serve as the official development guide for the short range growth and development of the Hilo community, based on the policies established in the County dm General Plan. The Land Use Concept Map of the Hilo Community Development Plan identifies the subject area for Single Family Residential (RS -15) zoning. 9. County Zoning: Single Family Residential (RS -15). 10. Special Management Area (SMA): The subject area is not within the SMA. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 11. Subject Property: According to the previous owner, William Machado, of the subject area, the land was originally leased from the Waiakea Mill Company and used for sugar cane production. In 1947, the land was converted to ranching activities. Presently, Machado Acres Subdivision comprises of a total 80 lots with minimum 10,000 square feet in size. There are 67 single family dwellings, 13 vacant lots, and the undeveloped park site, approximately 7.917 acres. 12. ALISH: Existing Urban Development. 13. U.S.D.A. Soil Type: Soils on the subject area are identified by the Soil Survey Repots of the Island of Hawaii as Olaa Very Stony Clay Loam (OID) and Panaewa Very Rocky Silty Clay Loam (PeC) Series. The Olaa series consists of well -drained silty clay loans that formed in volcanic ash. Olaa soils are used for the production of sugarcane. The Panaewa series consists of shallow, moderately well -drained silty clay loams that formed in volcanic ash. Panaewa soils are used for sugarcane, pasture, and woodland. In both soil series, the permeability is rapid, runoff is slow, and the erosion hazard is slight. 14. Land Study Bureau Soil Rating: "C" or Fair. 15. FIRM: Zone "X", areas determined to be outside the 500 -year flood plain. 16. Flora, Fauna and Cultural Resources: Because the subject area has been substantially altered by long-term sugarcane cultivation, ranching activities, years of grading and other topographic modifications, and residential development, there is no significant floral and fauna resources or habitats nor any archaeological sites evidently remaining within the area. The Department of Land and Natural Resources State Historic Preservation Division has indicated that the subject area is located on existing, sugar cane land and is highly unlikely that any significant historic sites would be found Qela at this location given the disturbance of the ground surface. Therefore, the likelihood of finding any flora, fauna or cultural resources are remote. 17. Surrounding Zoning/Uses: Lands surrounding the subject area are primarily residential in nature with single family dwellings and/or vacant lots. Lands to the north, east and south of the subject subdivision are zoned Single Family Residential (RS -15) and to the west are zoned Single Family Residential (RS -10). Adjacent and east of the subject area is the 86 -lot Maunakai Circle Subdivision which was also developed under the Cluster Plan Development (CDP) concept, with 10,000 square foot lots. Lands to the south and on the Puna side of Haihai Street consist of the Palakiko and Hale-O-Lani Subdivisions which comprise of minimum lot sizes of 15,000 square feet. The County Council approved in 1979, 1983 and 1992 several Single Family Residential (RS -10) rezonings in the immediate vicinity. (See Figure 7 of Exhibit A - Change of Zone Application) Other Single Family Residential (RS -10) zoning which have been approved by the County Council are located further west of the subject area, from the proposed Komohana Street extension to Kupulau Road. (See Figure 8 of Exhibit A - Change of Zone Application) 18. Existing Recreational Facilities: The County Ainaola Park is located approximately 450 feet to the north of the Machado Acres Subdivision. Other County recreational facilities and parks are available at Waiakea Uka Park Complex and Ahualani Park which are located further west of the subject area and within a distance of approximately 5 minutes. The Waiakeawaena Elementary School grounds and Andrews Gym are located within 10 minutes from the subdivision. There is also the Hilo Municipal Golf Course which is located less than a mile from the subdivision. PUBLIC FACILITIES AND UTILITIES 19. Access: Keone Street is the primary access through the Machado Acres Subdivision and connects between Haihai Street and Ainaola Drive. Keone Street and all the roadways within the subdivision are County roadways which were constructed to fifty (50) foot rights-of-way and with full pavement and curb, gutters, and sidewalks. Haihai Street has an approximate 20 -foot wide pavement with 3 -foot wide paved -4- shoulders all within a 40 -foot right-of-way. The General Plan Public Facilities Map and the City of Hilo Zoning Map both reflect proposed road widening for Haihai Street to a width of 60 feet, which would require a 10 -foot future road widening setback along the properties frontage situated along Haihai Street. In addition, both maps reflect the! proposed Komohana Street extension (undeveloped existing 60 -foot right-of-way) along the western boundary of the Machado Acres Subdivision to an 80 -foot right-of-way, which would require a 20 -foot future road widening setback along the properties frontage situated along that portion of the proposed Komohana Street extension. 20. Water: Water is already available to the existing subdivision from the County water system. 21. Sewage: There are no municipal sewer system in the area. Wastewater generated by the existing subdivision is handled on site by means of cesspools or individual septic systems meeting the approval of the State Department of Health. 22. Other Utilities and Services: Electricity, telephone and cable are available to the subject area. The Kawailani Fire Station is located about a mile away and the Central Police Station is located approximately 3 miles from the subject subdivision. School complexes are located within 2-3 miles from the subject subdivision. AGENCIES' COMMENTS 23. Department of Water Supply (June 22, 1998 Memo): "We have no objection to the subject application as no additional water is required." 24. Police Department (June 29, 1998 Memo): "We reviewed the above -referenced application for a change of zone and have no comments or objections to offer at this time. " 25. Department of Health (June 24, 1998 Memo): "The Health Department found no environmental health concerns with regulatory implications in the submittals. " 26. Department of Land and Natural Resources -Land Division (June 25, 1998 Letter): "Thank you for the opportunity to review and comment on the subject Change of Zone Application. -5- "The Department of Land and Natural Resources has no comment to offer on the subject matter at this time." 27. Department of Land and Natural Resources -Land Management and Historic Preservation Division (April 24, 1998 Letter): "Thank you for your letter of March 23, 1998 and the opportunity to review and comment on the proposed amendment, which proposes to change the classification of approximately 35.411 acres of land. "The site plan that accompanies the application indicates that the proposed project is located on existing sugar cane land. Based on this information it is highly unlikely that any significant historic sites would be found here given the disturbance of the ground surface. We thus believe that the proposed use of this two acre parcel will have 'no effect' on significant historic sites. 28. Department of Public Works: (See Exhibit B - June 25, 1998 Memo) 29. Machado Acres Association Response to DPW: (See Exhibit C - July 2, 1998 Letter) 30. Real Property Tax Office: (See Exhibit D - June 18, 1998 Memo) 31. Fire Department: (See Exhibit E - June 17, 1998 Memo) 32. Department of Parks and Recreation: (See Exhibit F - July 9, 1998 Memo) PUBLIC COMMENTS 33. The department has not received any written comments or objections from the general public on the subject application. S -C CHANT" )F ZONE APPLICAT COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: COUNTY OF �AWAII PLANING DIRECTOR APPLICANT'S SIGNATURE: `W ADDRESS: 25 Aupuni Street Hilo, HI 96720 N TE: June 10,_1998 LIST APPLICANT'S INTEREST IF NOT OWNER: _ LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: _ PHONE:(Bus.) 961-8288 (Res.) (Fax) _ A .NDOWNER(S): various - - % 'DOWNER SIGNATURE(S): SEE AUTHORIZATION DATE:-- (May ATE:_(May be by lever) LANDOWNER(S) ADDRESS: - REQUEST: Single Family Residential ( 15) Single Family Residential (RS -10) 2-4Ez29:13nto) 31, 33 to 47, 49 to 58 and(P74"-'60 �r�o 330pen TAX MAP KEY: - STREET ADDRESS OF PROPERTY: SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 33.64 acres _ AGENT '3DRESS: - TELEPHONE:(Bus.) (Res.) (Fax).- :: 1 ease Fax) - ='ease indicate to whom original correspondence and copies should be sent. --IRIGINAL: COPIES: (See Instructions on Reverse Side) EXHIBIT ,A, and CHANC OF ZONE APPLICAr 7N COUNTY OF HAWAII PLANNING DEPARTMENT COUNCIL COPY (Type or legibly print the requested information) DO NOT REMOVE APPLICANT: COUNTY OF PAWAII PLMNING DIRECTOR APPLICANT'S SIGNATURE: I iM W Y I (d`7vkv)i DATE: June 10, 1998 ADDRESS: 25 Aupuni Street Hilo, HI 96720 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS:. PHONE:(Bus.) 961-8288 (Res.) (Fax) LANDOWNER(S): various LANDOWNER SIGNATURE(S): SEE AUTHORIZATION DATE: — (May be by leaer) LANDOWNER(S) ADDRESS: REQUEST: Single Family Residential ( 15) Single Family Residential (RS -10) and 2-4-29ME nto) 31, 33 to 47 49 to 58 and(P2-4-60 tato 330pen TAX MAP KEY:, — STREET ADDRESS OF PROPERTY: SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 33.64 ac AGENT: -\DDRESS: — TELEPHONE: (Bus. (Res.) (Fax)-- IDI--ase Fax)— Please indicate to whom original correspondence and copies should be sent. ORIGINAL: COPIES: — (See Instructions on Reverse Side) BACKGROUND AND COUNTY ENVIRONMENTAL REPORT CHANGE OF ZONE REQUEST (RS -15 TO RS -10 and Open) TAX MAP KEY: 24-29:13 to 31, 33 to 47, 49 to 58 and 24-60:1 to 33 WAIAKEA, SOUTH HILO, HAWAII �01-2". 1111_ Incerkki This petition seeks a County Change of Zone classification from Single Family Residential (RS -15) to Single Family Residential (RS -10) and Open zoned districts for approximately 33.64 acres of land. The subject area involves the existing Machado Acres Subdivision located between Haihai Street and Ainaola Drive, adjacent and west of Maunakai Circle Subdivision, Waiakea, South Hilo, Hawaii, TMK: 2-4-29:13 to 31, 33 to 47, 49 to 58 and 24-60:1 to 33. (See Figures la and lb) The purpose of the land use change is to designate the park site as Open zone district and the remaining subdivision as Single Family Residential (RS -10). (See Figures 2a and 2b) This would allow each property owner to own in fee simple its minimum 10,000 square foot lot and exclude each owner from any liability on the common area designated as the park site. The subject properties are owned in fee by various owners and the designated park site is owned by the Machado Acres Association, comprised of each lot owner. Each affected property owner has given authorization for the County of Hawaii Planning Director to initiate the change of zone request. (Attached authorization Response Notice and/or letter) i r uI Digs s "I DEVIIIN'wel • -.4im ru The subject area involves approximately 33.64 acres of the existing Machado Acres Subdivision located between Haihai Street and Ainaola Drive. Final Subdivision for Unit 1 and Unit 2 were approved by the Planning Director on July 20, 1972 and June 1, 1973, respectively. Both units were developed under the Cluster Plan Development procedure, whereby the maximum number of lots that could be created was 76 residential lots having minimum 10,000 square feet. The remaining area was considered common land set aside for open space or for recreational use. Originally, the subdivision consisted of 74 lots with lot sizes ranging from 10,000 to 20,806 square feet; 2 lots with 44,667 square feet and 48,227 square feet; and 2 lots with 3.994 acres and 3.923 acres for the designated park site. Subsequently, the 2 lots consisting of 44,667 square feet and 48,227 square feet were consolidated and further subdivided into a total of 6 lots with minimum 15,000 square feet in size. o - 1 'A1i^ 19WAINAKU "" l .L•CES O. Jnr �-yr [/ � i � wCO.ver E �5i � 4ru ibnr 1 . _ ..bwT ✓M - I ' ' � i .um�4 r �D � �l. ty .• ?�wnn tm4 r w rr•. c...., s DOUMIR u.q�+r'O�af w.r r P-^ . ul �ixaa0r-Tn .. 01 �. C. --. AwNUULU VUIIEO� vwv rr•' ��/ _� v r KEAUKAHA '96c ' ZIP CODE » 19 Z - 96720 ./ 79q'..�r 1 ....O mac.^ :, ff •, » ron, M r 1 .m 1 _... ...... ... .... ..... ...... E ~ F -'rr.rg 1O ra.•'i �„� ^, �,l ,,,_, HAo Inremarrona/ A,,P rt iF /C....f Lrm Fro ) 0. . 9 L rJ' rui 4 IPI �....s.a• d ` �'aa : + M y l'�4 �„a<�o» • ..: _......_..........—.........._... A WAW(FA t y v I+ 200 f i l i 4 i fwu•✓G+N mry ��• � al Hrb � � � .,... } _ / N l� Y a.+I.o F ; .`�' 1 �SUETECT � � p PUAMAKD , v v KA AI � • y . . � \L � ' �\ AREA-� _ • �' .m' .ao—o ZI ^DE fIAWAII �� E r�� ¢ n.�l{ • d ,I, I. I._ ? i € \ 96720 KitII V ly s • IF 17 I IWI'I{ n fir» \°`s• Hawan MIa7 2 HILO • Syavda Eapun•non a CAMP •• I \ I I H•wa -� Scnoat SU( ZIP CODE i j i\1 __ s Dr.wa R.�vt I� F,•r Mc. 96720 I O WAIMEA / Inr.giS Nwy J Um•n �I'� \� Wu4E Fa.L R«.rw '�`S�bn �\ 'S LouIRwO p�,•r�oT.^r HOMESTEADS � j 1. / r ✓�. '. w..... -. "t.!'`•: � � 1 � __ I l i 6 7 X q 10 11 I? FIGURE la GENERAL LOCATION MAP 'vz p ` No- ttn (* �m ; (�J .�;� + SUBJECT ARE a, fn F o O �y L m fn lit • J o 0 p �i to O A s, •'\ ^� a M • Ql' p° a. p � 1. N O � ^ so : •� °• _ E >s O o jx u O O m � o M �. O 3 0.l O i S O r e � 0 O ^ Xo) i L o FIGURE lb �� zz GENERAL LOCATION MAP J �\ KOMONANA STR££T Ih •; na ,..�- t� .IIN ,«.,. ;: IIS ,«.,, w�r- Is v i o. : i r=ham• v ri `�•� : ",2..':". _ -'�-� •.,., .....'�—z t q � Iia t P+✓� � • �� I! >. A t � ° �` V t w 110 ° tl; Qo O ,r.Itio ° fill i, ir• � -a • ' �S y� � z r w V0 10, ' ° \ rr p li I yC �N vn— n� �.€ Irl • 1 Z � w'f. ' !;a � l•I ; :� • c � ZrQ n •.. : h 1 - Irol II C IIO C 1 N C 'Z1O 14 Zb 1IS I • ♦ .7y w Irl � ;a •� 1 %',� 4 �_ / 11 '• N .• \J IVl ` *..•` � � �yV ISI S c, �cAT AMUNAKA/ CIRCLE SUBO F p 1290 G R. (: FIGURE 2a PROPOSED ZONING DISTRICTS NAI. KCA //oua• z0" /o IN aertr(J /LAT' De XXXXZ Excluded Are3r0M0NANA S rREE r is •tNh \ep Y\�;•( a .rX }} • ti — •L �o *a � °•fie h •�;l !� �'?g ` �! 2 y ,.,'� ' �* io � .._ gyp` � ....3;a s � s i n E' ..S•••• � al ! = ' tip JZ . AM = \LS� � � 'ti Z?;1:� ,.. ^� e j I 1 S yr •1 I 'o � . � 4 \♦ .. �• h y � y C 0 I \ l•i "�'4 ••p� •�.i.. � ti — ° ja] as _.._ S}� 11n i:Y Rn ' i 3r V `1ua ➢ — ~ ± ;—i 1 N a N �i . 1 + � : t �L• i .r 0 �\ ♦ s= � i it c -i. Its v u O j •— {� - �;�Oi STREET K£ON£ O A. 1 I :l: ° yv r • ; I I. p��i I^_' is : � � n ��'+; t r • a o a '•! I -------------------- FIGURE 2b r"A""°A/ PROPOSED ZONING DISTRICTS According to the Machado Acres Association, as part of the covenants of the sales agreement for lot owners in the Machado Acres Subdivision, each lot owner automatically becomes a member of the Machado Acres Association as a condition of ownership. Further, in accordance with the By -Laws of the Machado Acres Association, the purpose of this nonprofit organization is to administer an 8_± -acre park site (TMK: 2-4-29:28 and 2-4-60:1) which had been set aside by the developer as a public park area. Although the developer donated $10,000 to the Machado Acres Association in lieu of developing the park, the park was never developed due to the high cost to prepare the land, which far exceeded the money available. It is also stated that the Machado Acres Association is legally liable for any injuries that may occur on the designated park area, and therefore, the Association prefers to eliminate all liability, that the Association and its members are presently subjected to. As a solution to this liability problem, the Machado Acres Association requests that the Machado Acres Subdivision be rezoned so as to separate the designated park site from each lot. The park site would then be dedicated to the County of Hawaii for park recreational purposes. • ►1 W C u : ♦ 01 v @. N V.N i 5FRaI a 1►il ire ' wqxi The subject area is located entirely within the State Land Use Urban District. The proposed Single -Family Residential (RS -10) and Open zonings can conform to the following goals, policies and standards of the following elements of the General Plan. 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. * Zone urban- and [ural -types of uses with ease of access to community services and employment centers and with adequate public utilities and facilities. * Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plats, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. * The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. -2- Single -Family Residential * To provide single-family residential areas conveniently located to public and private services, shopping, and other community activities and convenient access to employment centers. The County shall designate and allocate single-family residential zoned lands at varying densities for future use in accordance with the needs of the communities and the stated goals, policies, and standards. Recreation * Provide a wide variety of recreational opportunities for the residents and visitors of the County. * Provide a variety of environments for active and passive pursuits. * Facilities for compatible multiple uses shall be provided. * The County shall coordinate recreational programs and facilities with governmental and private agencies and organizations. Innovative ideas for improving recreational facilities and opportunities shall be considered. The County General Plan LUPAG Map designates the subject area as Low Density Urban Development. Low Density Urban Development allows for single family residential in character, ancillary community and public uses and convenience type commercial uses. As such, the proposed change of zone request would be consistent with the County General Plan designation for this area. The Hilo Community Development Plan was adopted as Resolution No. 1 on May 21, 1975 by the Planning Commission. The plan intended to serve as the official development guide for the short range growth and development of the Hilo community, based on the policies established in the County General Plan. The Land Use Concept Map of the Hilo Community Development Plan identifies the subject area for Single Family Residential (RS -15) zoning. The subject area is presently zoned as Single Family Residential (RS -15). The proposed land use change would reclassify the subject area approximately 25.844 acres 3- to Single Family Residential (RS -10) and 7.796 acres to Open zoned districts. This would permit the existing subdivision of residential building sites of a minimum 10,000 square feet and convert the designated park site for recreational uses. The subject area is not located within the County's Special Management Area boundary. The proposed action is not subject to the requirements of Chapter 343, HRS. According to the Department of Health Rules (Section 11-200-6) and the Environmental Impact Statement Law, Chapter 343, HRS, preparation of an Environmental Assessment and/or an Environmental Impact Statement is required under the following circumstances. • Use of State or County lands • Use of lands within the State Conservation District • Use within the shoreline area • Any use within any historic site • Any use within the Waikiki -Diamond Head area of Oahu • Any amendment to existing County General Plans • Use of State or County funds • Construction or modification of helicopter facilities Because none of the above "triggers" are applicable to the proposed action, the environmental review process established by Chapter 343, HRS is not applicable. I► t I.1 WIN INIM : : ►II/:K9.11191 1 112 : According to the previous owner, William Machado, of the subject area, the land was originally leased from the Waiakea Mill Company and used for sugar cane production. In 1947, the land was converted to ranching activities. Presently, Machado Acres Subdivision comprises of a total 80 lots with minimum 10,000 square feet in size. There are 67 single family dwellings, 13 vacant lots, and the park site, approximately 7.917 acres. is The subject area is located at an elevation of approximately the 450 feet above mean sea level. The area has a 0-20 percent slope. The mean annual rainfall in the area ranges between 100 to 175 inches. The United States Geological Survey (USGS) classifies the area as within Lava Flow Hazard Zone 3 on a scale of 1 (most hazardous) to 9 (least hazardous). Zone 3 is the same classification for the entire City of Hilo. The entire island of Hawaii is within Earthquake Hazard Zone 3, which is the zone of highest seismic occurrence and danger. The subject area is located over 3 miles from the ocean and therefore, it is located outside of the Civil Defense's Tsunami Evacuation Zone. According to the Federal Emergency Management Agency Flood Insurance Rate Maps (FIRM), the subject area is located within Zone X, area determined to be outside the 500 -year flood plain. (See Figure 3) As part of the subdivision requirements for the final approval of the Machado Acres Subdivision, drainage improvements have been installed in accordance with the Department of Public Works. Soils on the subject area are identified by the Soil Survey Report of the Island of Hawaii as Olaa Very Stony Clay Loam (OID) and Panaewa Very Rocky Silty Clay Loam (PcQ Series. (See Figure 4) The Olaa series consists of well -drained silty clay loams that formed in volcanic ash. Olaa soils are used for the production of sugarcane. The Panaewa series consists of shallow, moderately well -drained silty clay loams that formed in volcanic ash. Panaewa soils are used for sugarcane, pasture, and woodland. In both soil series, the permeability is rapid, runoff is slow, and the erosion hazard is slight. W.'Vel 1361 anlyde-11i: OJON F411610113mel1 l• U Using a five level productivity rating from A (highest) to E (lowest), the 1967 Detailed Land Classification from the Land Study Bureau categorized the subject area as "C" or Fair. (See Figure 5) -5- x �Y- 5L/ m 4 / m zu g x jos = x C0 X0 m N m og0 N -- m O D r Dz X S Z O� 95 , 0� r m N o ops m �6� ,%»} y o y z 133tl1S 3130H O X Z o6a m ` a 09 m -lo ]. ti0 $ 48 D r C IT'D —J N m O i 0 y H O < 538 m a C m II a V O 4i4,� X y 5 Im 537 �� y a ` T I�D0' OO _� o D r' �� I M2! �I'[ l5 LS N N o O ➢ b: c: Z z m , o-�'L,m �-_ i _ NOI m n of O c D N O i� xl m m Som Q m I� D JI m ISO" '•�/ .� � .I N n '`�� J• A G1 � '�I m mD SUBJECT AREA L7 r 2 I c- 50 J, o i p50 NO 8£�t�t7 m 415 405 IN'rn,,104 l,l , III 133tl15 400 J80 i J80 INY1tlM1 .II 36 J jd0 340 _ r N BZ£ '9Z N � O FIGURE 3 z m FLOOD INSURANCE RATE rlAP S �� - 0) x C5' KIP JK u rKFD Ir -PeC ' _- y'r`•� • w !. _ Kms': 1 . r '1'� 'J✓ '7 rLW 123 - "�- Pouir A.0 -.- -' •:: P<C I elekd'n-Kei_ • ReaLcoir r School-- _ - > _ �` tr ! rKFD I)] INFO.ud '/ ; .. _ _ _ Y _G • f.' r r.v b PID ry oac le OiD . 010 WO F ! �,-+s�..ia' � -�` �`r '..r ~ .. i _• Zig" -- • • •< _ DZC ..•r'" w ..:: T-yy 1 a �: arwt[f - 6 .... Ch Is Ips. 1 r DID.- 1.•.Y, C•=7a'}.A•- /a.J a \� _ '' �ZS . 1 r ..' _ .. .r .�. !- •-Z .1 Pec •. y . I KILO K _ .a _ ; rl-•' hZI r ; rub /$�(BJ. CT pic 06 -r•Y \ 1 4-r_ 'Otic1KF0^` - • r '�•' rlcf0 ,• �, ,� r' ._. .PeC' OaC (`- �•. IF •' Ac •� _ J . :.: ; ],` : - - ..DID •:'_ - �!. A�D� / i. L .. _ ;�..'. _ / •-e' .. Y - MIC \ / oac :fit -L>'.• HoC" NoC .: -Y';' ,�..`n y" _ .� '-yt _ OS' s. u 1 O anrn �nnn �nnn )nm Innn o FIGURE 4 SOIL CLASSIFICATION _,nd Classification - Isiond of Hou SU6JECT a,REA 73 626 4 LC17 C ISO • . 611 E 306 U U Hilo V. Y•, Municipal. C 171 .. ��•.'/ ..� Golf Course T .�: , C 178:i U ,U C_ 178 •.... --" .. v.I�. F C 178i (, ' E G C177 C 177- -{ / v a x U C 178 41t.. r_. ' C 171 C 178? ��• _ U -...0 177— a .. C 177 C178 - 048 `�`^tom°•� r+ 0182C17 r✓i:,l•" ro •. 700' AIAKEA 641 'I-." { l x FOREST _•_�D182 �' •C 42 - - D a8 --�fj - ti RES..C 46 i Ip' �' .:. it.,,i T:.y y�,'L -. _ •t ..f. v -E2 -71X. ". �... .'s. •!}: /'�'::. .- r_- ' yI t Jai 'Gd K D 46 600 .0 46 _ -�, P: �� !.;•-,.-",.�1,,,,'..�.�, rr /Ex0erimerit\ �.3�6i.• •t - rr_ ��( :h' •u;•1 _�' 0171 St Ott Ofl' '}c -� - �f` l `r1y1 r - i ffr / � r"•,Rf : ya �'�µ�.+i.+ .^ .70: - ,yPjs�f'.V I-. . F ✓ -' / .t f' ..Ff �', !`Yc.j\{ r / /;. r t � \, �•..71' %.. ..r 3+F '. . is n �1../ �.�• f�y� L )Y �t Ll ,.. Y�1'/ • '�� //' ��...I.. it^y ....�'/ M '� ` _ 1 - � / '� � ��.L+t r 1 r'i•v S ��j�'i - / K '. s. yw Y�Jr'� i� . f- < �'� ". � .. •�, r f �1C/!��•f �•:�C`•��J �1 :„� 4 r -•'T � i L�%'r lam/ -•'t .'��rns . .� R�"..'.i.. N ..•. .ry �- , !i. �.Rk �>v -.._ ✓� . �/. i � •... .. Zt •L1:. r� �/.Y':G+d� w'. JL.r:i::r..�."1'•S +3L_..r..� .._ U. S.G S Ouaa Reference Hilo -_ec 1967-64 :,SS;FICATION SYMBOL' _Ral,nq p,oauc�lv�ty PIGU[?E S 7roe. Number and teller If r.galed; ApaDro. DETAILED LAND CLASSIi'ICATIO. __ anl/ .1 vmrr'.gated (See sections at lane types are defined and rated Dy Univer str - SluDY BUR_AU, The ALISH classification system identifies the subject area as existing urban development, as the subject and surrounding area have been developed for urban type use. (See Figure 6) The original botanical resources native to the subject area were removed many years ago to permit sugar cane and ranching agricultural uses on the subject land as well as on the surrounding lands. Consequently, the subject area has been substantially altered by perpetual long-term sugarcane cultivation and ranching activities, and subsequent residential development and therefore, no significant floral resources or habitats remain within the area. Similarly, no significant faunal resources remain within the area. Generally, introduced birds and feral dogs, cats and mongoose are in the area. Because the subject area has been substantially altered by long-term sugarcane cultivation, ranching activities, years of grading and other topographic modifications, and residential development, there is no archaeological sites evidently remaining within the area. The Department of Land and Natural Resources, State Historic Preservation Division has indicated that the subject area is located on existing sugar cane land and is highly unlikely that any significant historic sites would be found at this location given the disturbance of the ground surface. As such, the proposed change of zone request will have "no effect" on significant historic sites. The subject area is an existing residential subdivision with existing residences and therefore, the proposed change of zone request is not anticipated to increase any adverse impacts or violate State or Federal air, noise or water quality standards. Lands surrounding the subject area are residential in nature with single family dwellings and/or vacant lots. Lands to the north, east and south are zoned Single Family Residential (RS -15) and to the west are zoned Single Family Residential (RS -10). Adjacent and east of the subject area is the 86 -lot Maunakai Circle Subdivision which was also developed under the Cluster Plan Development (CDP) concept. Lands to the south and on the Puna side of Haihai Street consist of the Palakiko and Hale-O-Lani Subdivisions which comprise of minimum lot sizes of 15,000 in . 00 ,V _ FIGURE 6 ALISH MAP i rJ L %� 1 square feet. Several Single Family Residential (RS -10) rezonings were previously approved in the vicinity. (See Figure 7) The affected parcels include: A. Applicant: Hawaii Housing Authority Request: RS -15 to RS -10 Ordinance No. 418 (Rez 322) Effective Date: March 19, 1979 Affected Area: 14.816 acres Proposed Lots: 41 Tax Map Key: 2-4-58:33 and 34 Location: West of the Machado Acres Subdivision B. Applicant: Thelma Machado Request: RS -15 to RS -10 Ordinance No. 83 47 (Rez 469) Effective Date: November 29, 1983 Affected Area: 1.00 acre Proposed Lots: 3 Tax Map Key: 2-4-29:11 Location: Adjacent and southwest of the Machado Acres Subdivision C. Applicant: Edward Tavares & Albert Nishimura Request: RS -15 to RS -10 Ordinance No. 83 60 (Rez 460) Effective Date: December 19, 1983 Affected Area: 25,600 square feet Proposed Lots: 2 Tax Map Key: 2-4-61:1 Location: Adjacent and southeast of the Machado Acres Subdivision D. Applicant: Harvey Chong Request: RS -15 to RS -10 Ordinance No. 92 86 (Rez 644) Effective Date: July 22, 1992 Affected Area: 20.44 acres Proposed Lots: 65 Tax Map Key: 2-4-16:46 Location: Approximately 968 feet east of the Machado Acres Subdivision Other Single Family Residential (RS -10) zoning have been approved further west of the subject area, from the proposed Komohana Street extension to Kupulau Road. (See Figure 8) -7- 'mmommo■ .Amus■ �11111111� uuus mmurt mouaaaalaoamama mosaammaaam 126:7 ■■■■■attaaaw p molovillsorsa aramoraum= amemaamaon Wa SINIMINIM ■■■■■a■. � ■iallnluuunllullna muuu unuuuur . 111111111111111111111 uuuu� uuu��t:vuttll uutululq '111111G11111111 1111111 1111111 111111111111111111 nmw � P�11/14i 11111 ILL1� X11111111111 ��!�� l siaa ca rdw.1l1111111l1.��" .{, i. �uu�.�a�uunun��e! Vill H��a mm CO mm mm Keone Street is the primary access through the Machado Acres Subdivision and connects between Haihai Street and Ainaola Drive. Keone Street and all the roadways within the subdivision have been constructed to County dedicable standards with fifty (50) foot rights-of-way and with full pavement and curb, gutters, and sidewalks. Water is already available to the existing subdivision from the County water system. As such, no further improvements and/or water service would be required for the proposed change of zone request. There are no municipal sewer system in the area. Wastewater generated by the existing subdivision is handled on site by means of cesspools or individual septic systems meeting the approval of the State Department of Health. Solid waste in the area would be collected and disposed of individually or by commercial haulers to the Hilo landfill or transfer stations. The Kawailani Fire Station is located about a mile away along Kawailani Street. The Central Police Headquarters is located approximately three (3) miles from the subject area. The community of Hilo contains a hospital (Hilo Medical Center) and various medical and dental clinics which are located approximately 10-15 minutes from the subject area. The subject area is an existing residential subdivision and therefore, the proposed change of zone request is not anticipated to add significantly to the demand for emergency and daily medical care facilities in the Hilo area. The Waiakeawaena Elementary School is located within two (2) miles of the subject in area. The Waiakea Elementary, Intermediate and High School Complex is located within three (3) miles of the subject area. The County Ainaola Park is located approximately 450 feet to the north of the Machado Acres Subdivision. Other County recreational facilities and parks are available at Waiakea Uka Park Complex and Ahualani Park which are located further west of the subject area and within a distance of approximately 5 minutes. The Waiakeawaena Elementary School grounds and Andrews Gym are located within 10 minutes from the subdivision. There is also the Hilo Municipal Golf Course which is located less than a mile from the subdivision. Hawaii Electric Light Company (HELCO) provides electrical services to the area, and telephone communications are furnished by Hawaiian Telephone Company (HTCO). .LJ�: 1215 1 Diem UI Diem dr.121I : Single family dwellings will continue to be constructed on the vacant lots. The existing residences and uses would remain the same. There would be no major physical and infrastructural difference than what presently exists today. The short term use of the designated park site would be the same, overgrown trees and grasses, and each property owner would borne the liability on any injury that occurs on the park site. The approval of the change of zone request would exclude each property owner from the liability problems and the park site would be dedicated to the County of Hawaii for development into an improved recreational park/facility. Irreversible and Irr tri vable ortunitment of Resources The subject area has already been disturbed by previous sugar cane cultivation, ranching activities, grading, and residential development. Therefore, the change of zone request should not result in an irreversible commitment of natural or archaeological resources. RE In developing the park site, the developer would comply with all construction requirements and approvals of the Federal, State, and County. 1. No Action Under this status quo alternative, the park site may remain overgrown and may not be developed by the Machado Acres Association due to its financial constraints. Further, the park site would remain as common land area for each property owner and therefore, each owner would still be liable to any injuries that occur on the park site. 2. Alternative Residential Lots Under this alternative, the park site could be subdivided into residential lots. While this would be consistent with the residential goals of the General Plan, may not be consistent with the recreation goals of the General Plan as this alternative would remove the already designated park site for any future recreational park/facility. In view of the aforementioned alternatives, it would appear that none of the alternatives would be more prudent and beneficial than the requested change of zone, in particular the Open zone. -10- ATTACHMENT Residential Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? No If �, 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? b. Into what lot sizes? C. If your request is approved, approximately how long after the date of approval do you expect to suomit your subdivision plans to the Planning Department for preliminary approval? d. Do you intend to build houses on the newly created lots? If yes, please answer the following questions: On how many of those lots? At what approximate price range? House Lots Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend to subdivide, please suomit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? 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? NO e. Other (please state) Affected properties are coned by various property owners, nark site is owns$ by Machado Acres Association. f. If you intend to do either a, b, or c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? 1140 How? 4. Are there any buildings on the subject area? Nes If so, what kind? The Machado Acres Shbdivisiorpresently has approximately 67 single family dwellings. what do you intend to do with those buildings if your request is approved? Each property owner will be keeping the choelling. -2- 5. Is the subject land currently being used for any agricultural activitity? No If so, please list the kinds of products grown and on how many square feet or acres of land per product. 6. To your knowledge, has there been any flooding and/or No drainage problem on the suoject area? If so, please describe the problem. 7. Do you think that the roads leading to the subject area NO needs improvement? If so, what kind? Is the road adequate for the proposed traffic volume Yes or load? 8. What sort of governmental assistance and/or improvements do you feel will oe needed in the subject area when developed? -3- Yes No a. Schools % b. Roads R C. Sewer x d. Drainage % e. Police Protection % -3- Yes No f. Fire Protection % g. Recreational Facilities X h. Public Utilities % i. Other For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. Possible m;n;mal improvements be Pmvi3ed at the Park site for recreational purposes/uses. Signature: Address: Telephone: Date: -4- 6337A/50A n n S/R/i ELW AMEN I. CAYLTANO GOVEANOA Of HAWNI April 24, 1998 STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES STATE HISTORIC PRESERVATION DIVISION 33 SOUTH KING STREET, 6TH FLOOR HONOLULU, HAWAII 96613 Ms. Virginia Goldstein, Director Planning Department/County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Dear Ms. Goldstein: M ICIUKL V. 11Ll . CIW VKASOA AOAAO OF IANO AND NAT VAAI A(SOMICE$ O(PUTICS OIE6EAT COLOMA-ACAAAK AO VACIATUAI OEVELOPMUR MOGRAM AQUATIC RESOURCES CONSERVATION AND RESOURCES ENEORCiYDR CONVVYANCIS FORESTIEY AMO W,LDUFE HISTORIC MESERVATIM ORASION LANO aMSIOH STATE PARKS WATER AND LAND OEVGOPMOR LOG NO: 21305 ✓ DOC NO: 9804PMI3 SUBJECT: Amendment to Hawaii County Zoning Code (Chapter 25) to Change approximately 35.411 acres of land from Single Family Residential (RS -5) to Single Family Residential (RS -10) Hilo, South Hilo, Hawaii Island TMK: 2-4-29 and 2-4-60 Thank you for your letter of March 23, 1998 and the opportunity to review and comment on the proposed amendment, which proposes to change the classification of approximately 35.411 acres of land. The site plan that accompanies the application indicates that the proposed project is located on existing sugar cane land. Based on this information it is highly unlikely that any significant historic sites would be found here given the disturbance of the ground surface. We thus believe that the proposed use of this two acre parcel will have "no effect" on significant historic sites. If you have any questions please contact Patrick McCoy (587-0006). Aloha, DONBARD, Administrator State Historic Preservation Division PM:amk November 5, 1996 Ms. Virginia Goldstien, Director Department of Planning County of Hawaii 25 Aupuni St. Hilo, HI 96720 �Var&iido Subdivision Directors: We are the lot owners of the Machado Acres subdivision located in Roy Hamakawa the Waiakea Uka area of Hilo and seek to rezone our subdivision Machado Acres Association from RS -15 to RS -10. As we understand it, our subdivision was 316 Ka Monelo Place zoned RS -15 during the period of time when developers were Hilo, HI 96720 permitted to establish Cluster Plan Developments by designating Officers and Directors parcels of land within a subdivision as park area. For Machado Acres, the designated park area included TMK 2-4-60-1 and TMK President: Delmar Kleckner 2-4-29-28. Unfortunately, the developer of our subdivision did not spend the funds needed to develop such a park. Further, efforts of mice President: Bruce Kawamura past Machado Acres Association members to dedicate the parcels Secretary: Karen Chaves for County of Hawaii park use were always refused. The result is that the 74 lot owners have approximately 8 acres of vacant land that Treasurer: Roy Nagata poses a burden of liability for said owners. Directors: Please note that we have made a concerted effort to obtain Roy Hamakawa 11n3n3II101LT support from Machado Acres lot owners to amend the Gordon Inaba cluster plan development designation for our entire subdivision, Lea Kancta-Ogata excluding the 8 -acre park site. We have enclosed copies of the Seth Mizuba letter sent to all lot owners, copies of all Certified Mail receipts(with Alan Yamaguchi the exception of lot owners Ms. Karen Chaves and Ms. Raymondo Lombe who took hand delivery of our letter and responded thru our Response Notice), and copies of signed Response Notice forms for those who chose to respond directly. Association lot owners were given the option of casting their support by returning or not returning the Response Notice for being in support of the Board's recommendation for re -zoning as noted in our letter to lot owners dated September 7, 1996. For a better understanding of the necessity for our request for re- zoning our subdivision, we have also enclosed copies of the Articles of Incorporation for the Machado Acres Association and our Association By -Laws. We look forward to your review and response to our request for re -zoning our subdivision and would be glad to answer any questions regarding this matter. Please feel free to contact me during the day at 966-9301 or during the evening at 959-5940. Delmar B. Kleclozer, res Machado Acres Association Enclosures: Letter Dated September 7, 1996 to Lot Owners of Machado Acres Subdivision List of Machado Acres Lot Owners Copies of Response Notices received Copies of Certified Mail Receipts Machado Acres Association Articles of Incorporation Machado Acres Association By -Laws September 7, 1996 To: All Lot Owners - Machado Acres Subdivision Subject: Association Liability and Fees Assessment On June 29, 1996, new officers were elected to the Board of Directors of the Machado Acres Association(MAA). Minutes of Machado Acres Association this meeting are enclosed for your information. As partof the 316 %a Manelo Place covenants of the sales agreement for lot owners in Machado Hilo, 11196720 Acres Subdivision you are automatically a member of the Officers and Directors Machado Acres Association as a condition of ownership. •esident: Delmar Kleckner In accordance with the By -Laws of the MAA, the purpose of this nonprofit organization is to administer the 8 acre parcel which had been set aside in the subdivision by the developer as a public 'ce President: Bruce Kawamura park area. The developer donated $10,000 to the MAA in lieu of developing the park. Unfortunately, the park was never xrelary: Karen Chaves developed because the high cost to prepare the land far exceeded the money available. Also, the County of Hawaii was not ensurer: Roy Nagata interested in funding the development of a park in our subdivision. 'rectors: Roy Hamakawa The purpose in writing to you at this time is to keep you informed of where we are after these marry years regarding the Gordon Inaba parcel established for a park. We were advised by an attorney Lea Kaneta-Ogata several years ago that the MAA is legally liable for any injuries Seth Mizuba that may occur on the designated park area. The MAA Alan Yamaguchi subsequently took steps to protect the MAA members by purchasing the necessary insurance and posting "No Trespassing" signs. However, we would prefer to eluninate all liability that the MAA and its members are now subject. The most attractive solution to this problem is to have our entire subdivision re -zoned to RS -10 from RS -15 and turn the designated park site into a "passive" recreation park (no tables or benches, playground equipment, pavilions, or sport fields) which would be dedicated to the County of Hawaii. The passive recreation park concept would eliminate the problems associated with park pavilions and other attractions that invite abuse, graffiti, and vandalism. Re -zoning the entire subdivision will not hurt our property values and will not have an effect on our property tax assessment. In order to request re -zoning, however, every lot owner in the MAA must petition the County of Hawaii to effect such a change and eliminate our liability for the park. Machado Acres Subdivision (72 lots) was subdivided under the "cluster plan development (CPD). CPD allowed the creation of 10,000 sq. Ft. lots within the 15,000 sq. Ft. zoning designation subject to the reservation of open space or recreational areas. (See Attachment 41 enclosed: Hawaii County Code; Article 22, Cluster Plan Development. To comply with the CPD requirements, the park site (7.917 acres) was reserved and given to the MAA. No other permitted use is allowed on the park site. Unless a change of zone (RS -15 to RS -10 is initiated and approved for the 72 lots in Machado Acres Subdivision, the park site will remain the responsibility of MAA. Rezoning the 72 lots to RS -10 will relieve the obligation to retain open space or recreational areas. The property can then be disposed of by donating it to the County with some restrictions regarding its future use. If we do not get unan;mouc a mn from the 72 lot owners to re -zone our subdivision, we will annual be faced with the following expenditures and we must begin assessing a membership fee from all lot owners to cover our anticipated costs: • General Property Liability Insurance: 5 850.00 • Directors and Officers Insurance: 1,600.00 • Curbside Yard Maintenance: 600.00 • Tree Trimming: 1,000.00 • Supplies/Postage/Copier: _ 200.00 • Accounting Services: 1,200.00 • Legal Fees: 1,000.00 • Contingency Fee: 1..002.00 Estimated Annual Expenditures: 57,450.00 Based on the number of lot,owners,'ihis would require an estimated annual assessment of b proximately $100 per` ear is ^� . Please consider the proposal by your elected volunteer Board of Directors. We feel it is in the best interest of all of us to request the re -zoning of our subdivision so we can avoid these assessments. We have enclosed a Response Notice that we would like for you to complete. Please return this Response Notice by September 27, 1996 so we can proceed with the wishes of the MAA members. If a response is not received by the deadline indicated. it will be considered as "in favor" of the Board's recommendation Should you have any questions regarding this matter, please call any of the following: Del Kleckner, President 966-8623 (Days); 959-5940 (Eves) Bruce Kawamura, Vice President 961-2125 (Days); 959-4739 (Eves) Thank -you for your attention to this very important matter. &gzz� Del Kleckner, President Machado Acres Association 3 Enclosures: Response Notice Return Addressed and Stamped Envelope Hawaii County Code tFI�P Df lil: waii Urvartment of Rpoututarlg Agrnripfi iianolulu �, l4 r unberaignrb Birerlor of Ergulatorg Agenrin of toe fstutr of Rawaii. 4rrrby rerlifg diad dle armed 4 a Aar avid exact CO/T 0/-- PETITION / PETITION FOR CHARTER OF INCORPORATION filed in this Department on December 13, 1971 and CHARTER OF INCORPORATION of MACHADO ACRES, ASSOCIATION on December 15, 1971. Jn witness whrrrof. J %ase ,to/ my iaand and 442xvd 440 dead °/ 46 9e aaalsnen1 7 aw"4l0abr ✓l%es+ore�t, a1 .iiPuwlu�u� 4Q l7th da C/ December, % Corporation and Securities ildmmstrator j. In the Natter of the Petition ) m c for a Charter of Incorporation of D N7 o 14ACHADO ACRES, ASSOCIATION, ) =. a non-profit corporation. 'J X 1 to PETITION FOR CHARTER OF INCORPORATION ROY K. NAKAKOTO 850-0 Rcom 203, 80 Pauahi Street Attorney for Petitionces. In the Matter of the Petition ) for a ) Charter of Incorporation of } MACHADO ACRES, ASSOCIATION, ) a non-profit corporation. ) PETITION FOR CHARTER OF INCORPORATION TO THE HONORABLE EDWIN H. HONDA, DIRECTOR OF REGULATORY AGENCIES: The undersigned, HIROMU YAMANAKA, GEORGE H. SAKAMOTO and ROY K. NAKAMOTO, all of whom are residents of Hilo, County and Stage of Hawaii, hereby make this petition and request that you grant to them, their associates and successors a Charter of Incorporation for a non-profit corporation to be known as MACHADO ACRES, ASSOCIATION, in the form and style, for the purposes, and with the powers as set forth in the proposed form of Charter of Incorporation attached hereto and by reference made a part hereof. Dated at 4� t Flilo, County and State of Hawaii, this /�+�c day of � , 19 7/ . L4 7 HIROMU YAMANAKA OF �• i�7; GEO. SAKAMOTO In the Matter of the Petition ) for a ) ) Charter of Incorporation of ) MA:HADO ACRES, ASSOCIATION, ) a non-profit corporation. CHARTER OF INCORPORATION TO ALL WHOA! THESE PRESENTS MAY COME: I, EDWIN H. HONDA, DIRECTOR OF REGULATORY AGENCIES, OF T11F STATE OF HAWAII, SEND GREETINGS: I. WHEREAS, HIROMU YAMANAKA, GEORGE H. SAKAMOTO and ROY K. NAKAMOTO, all residents of Hilo, County and State of Hawaii, have made application to me to grant to them and their associates and successors, a Charter of Incorporation under the corporate name of "MACFUIDO ACRES, ASSOCIATION," which address is 116 Kamehameha Avenue, Hilo, Hawaii, as a body corporate, with the objects and purposes hereinafter set forth: II. NOW, THEREFORE, KNOW YE, that I, the said EDWIN H. HONDA, an such Director of Regulatory Agencies aforesaid, in the exer- cise of every enabling power and authority, do hereby create and constitute the said HIROMU YAMANAKA, GEORGE It. SAKA!OTO and ROY K. NAKAMOTO and their associates and successors a body corporate for a perpetual term, under the name of "MACHADO ACRES, ASSOCIA- TION,' for the objects and purposes hereinafter mentioned, and with all of the rights, benefits and privileges which now aie or hereafter may be secured by law to corporations of this ci:nractcr. - 1- STATE OF Wi All ) )SS: COUNTY OF HAWAII } HIROMU YAMAL;AKA, GEORGE H. SAKA."{OTO and ROY K. NAKAMOTO, all of full legal age, being first duly sworn, each depose and say: That they are the petitioners who signed the foregoing Petition for Charter of Incorporation; that they are all resi- dents of t)ilo, County and State of Hawaii; that they have read said Petition and the proposed Charter of Incorporation, which by reference was made a part of said Petition; that they know the contents thereof, and that the same are true and correct to their best knowledge and belief. HIROMU YAMANIA GEORGE H. SAKAMOTO Subscribed and sworn /Jto before me this Cj'M day of (1C�Gl,c. Lir 197/ Notary Public, Third Judicial Circuit, State of Hawaii rty commission expires 3 �J III. The objects and purposes of said corporation are as follows, subject to, and within any applicable limitations and restrictions of, the laws of said State: (a) To acquire and own all of the common areas in the subdivision known as Machado Acres located at Hilo, Hawaii, to be used for park and recreation purposes, and to operate and maintain such real estate for park and recreation purposes for the use and benefit of the members of the association. (b) To represent and promote the welfare of the resi- dents of the subdivision generally. IV. A. The members of the corporation shall be the lotowners of Machado Acres Subdivision and shall be evidenced by record ownership filed in the Bureau of Conveyances at Honolulu, Hawaii, and also evidenced by a certificate of membership, in a form approved by the Board of Directors. B. Each member shall be entitled to one vote for each lot owned in said subdivision. Multiple ownership of a lot shall be represented by one individual either by operation of law or by agreement of co-owners. C. Membership is transferred by the conveyance or sale, o:: transfer by inheritance or testament upon the death of the miner, and all rights shall inure to the grantee, vendee, heir or legatee of the lot. D. In the event of foreclosure sale by a mortgagee, or cancellation of Agreement of Sale upon default under an Agree- ment of Sale, membership shall be transferred to the purchaser at said foreclosure sale or sale upon default under Agreement of Sale or seller, upon cancellation of AgrPemnnt of Sale. The previous ownar shall endorse the transfer of. the certificate, hue upon failure to do so, the Secretary may cancel the certi- ficate in the corporate records and issue another certificate in its place. V. The corporation hereby created shall have power to sue and be sued in any court; to make and use a common seal and alter the same at its pleasure; to maintain offices at such place or places within Hilo, County and State of Hawaii or else- where in the United States of American or throughout the world as the Board of Directors may deem necessary or expedient for the purposes of the corporation, provided that the principal office of said corporation shall be in Hilo, in said County; to receive, hold, purchase, lease, sell and convey such real and personal property as may be required for the purposes of the corporation; to borrow money and to mortgage or otherwise hypothecate the property of the corporation to secure any of its debts; to appoint such subordinate officers and employees with such titles and with such powers, duties and functions, as the purposes or objects of the corporation may require and as the Board of Directors may determine, subject to its bylaws; to make, amend and repeal bylaws not inconsistent herewith or with any laws for the management of its property, the admission and classification of its members, the voting of its members in person or by proxy, the payment of entrance fees and dues of members, assessments upon its members, the election, appoint- ment, government and removal of its officers and the regulation of its affairs, and any other matters which may properly be regulated by the bylaws under this charter or the laws of the State of Hawaii; and, in addition, shall have such other powers an --hall tc neccccary, appropriate or incidental to the c;:erc:se 0 of the objects, purposes and powers hereinabove enumerated and ,much other powers as shall be expressly given by law to corpor- Ations of this character. VI. The corporate powers, business and property of the corporation shall be exercised, conducted and controlled by a Board of Directors, which shall consist of not less than three (3) members which number shall be determined from time to time by the members of the corporation, who shall be elected for a term of one (1) year. VIZ. The officers of the corporation shall be a President, one or more Vice -Presidents, a Secretary, and a Treasurer. All of such officers shall have such qualifications as shall be pro- vided in this charter and the bylaws. All elective officers shall hold office until their successors are elected and take office, unless sooner removed, and shall be elected annually by the members at large of the corporation in good standing from among the membership. The names and designation of the first officers of said corporation, who shall hold office until the first annual meeting of the members of the corporation to be held after incorporation, unless sooner removed, are as follows: NAME f1IROMU YAJ-1ANAI:A ROY K. NAKAMOTO GEORGE If. SAKAMOTO RESIDENCE ADDRESS 109 Terrace Drive Hilo, Hawaii 22 Kaunaloa Street Hilo, Hawaii 140 Kehaulani Street Hilo, Hawaii OFFICE. HELD President Vice -President Secretary - Treasurer VIII. The bylaws of the corporation may be adopted, amended or rcnnn'Ine. , y vete (in -_-r=or. or by pro).') of not lesa than two-thirds (2/3) of the then members of the corporation present at a -meeting duly called and held for that purpose in the manner required by law and this charter and the bylaws adopted pursuant thereto. IX. The corporation is not organized for profit and it shall not issue any stock, and no part of its assets, income, or earnings shall be distributed to its members, directors or officers, except for services actually rendered to the corpor- ation. Upon the winding up and dissolution of this corporation, after paying or adequately providing providing for the debts and obligations of the'corporation, the remaining assets shall be distributed to a non-profit fund, foundation or corporation, which is exempt from Federal Income Tax. X. The property of the corporation shall alone be liable for the payment of its debts and liabilities, and no member of the corporation shall be liable for any of such debts and liabi- lities beyond the unpaid amounts, if any, which may be owing from such member to the corporation for any fees, dues or assess- ments theretofore validly levied or assessed against such member pursuant to this charter and the bylaws of the corporation. XI. This charter and the corporation hereby created shall be subject to all existing laws and to all laws, whether amend- atory, repealing or otherwise, that may hereafter be enacted and applicable to charters and corporations of this character. XII. This charter may be amended or new bylaws adopted at any time, subject to the approval of the Director of Regulatory Agencies of said'state and compliance with the provisions of law applicable in such cases, by vote of not less than two-thirds -5- (2/3) of the members present (in person or by proxy), at a meeting duly called and held for that purpose in the manner required by law and this charter and the bylaws enacted pur- suant thereto. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of my office to be hereunto affixed this 25th day of nPr,+nhPT , 1971 DIRECTOR"OF REGULATORY AGENCIES STATE OF HAWAII rat an9SGour� dsAdministrator STATE OF HAWAII DEPARTMENT OF REGULATORY AGEN S Honolulu f, the undersigned Director of Regulatory Agencies of the State of Hawaii, hereby certify that the attached is a true and exact copy of: AMENDMENT TO BYLAWS of MACHADO ACRES, ASSOCIATION filed in this Department on March 30, 1978. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Department of Regulatory Agencies, at Honolulu, this 11th day of April, c 1978 Director f Regulatory Agencies 6y AAing Corp�,t10114,d S.CulWMAdmiainrltm AMENDMENT TO BYLAWS OF MACHADO ACRES, ASSOCIATION The Bylaws of Machado Acres, Association dated February 27, 1978 , shall be amended to read as follows: Article V, Paragraph 1. The officers of the corporation shall consist of a President, one or more Vice -Presidents, a Secretary, a Treasurer and any other officers as may from time to time be designated by the Board of Directors. The officers shall be elected by the members of the Corporation at their annual meeting or at any special meeting called for that purpose. Article VI, Amendments. Any of these Bylaws may be amended by'the two-thirds (2/3) vote of the members present at any annual meeting or at any special meeting called for the purposes; provided, however, Article II being provisions herein relating to assessments shall not be amended except by a two-thirds (2/3) majority vote of the entire membership at any such meeting. I, KAY IIARA, Secretary of Machado Acres, Association hereby attest that the Amendment to Bylaws of Machado Acres, Association was duly adopted at a membership meeting held on February 27, 1978. SECRETARY DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII TO PLANNING DEPARTMENT ��'� Z FROM AiN(�4AfEERI IVISIOI Rn 9 56 DATE,: -,June 2$, Hb06,.II SUBJECT Change of Zone Application (REZ 98-13) Applicant: Planning Director Location: Waiakea, South Hilo, Hawaii TMK: 3 / 2-4-29: 13 to 31, 33 to 47, 49 to 58 and 2-4-60: 01 to 33 We have reviewed the subject application and our comments are as follows: The subject properties are found in an area where detailed flood studies have not been performed, according to the Flood Insurance Rate Map dated September 16, 1988. Any new construction or substantial improvements within the affected parcels, including the park site, will be subject to the requirements of Chapter 27 - Flood Control, of the Hawaii County Code. 2. DPW requests that future road widening setbacks be established along the entire frontages of Haihai Street and Komohana Street. In addition, provide a 30 -ft. radius at the intersections of Komohana Street and Haihai Street, and Komohana Street and Ainaola Drive. 3. We should be given an opportunity to inspect the existing storm drainage easements, which are both County and privately owned. We would request that all encroachments and obstructions within the easements be cleaned -out, as a condition of this change of zone. 4. Any sidewalk damages that are present shall be repaired by the fronting property owner. In addition, any encroachments or obstructions within a roadway or right-of-way shall be removed. Should there be any questions concerning this matter, please feel free to contact Casey Yanagihara in our Engineering Division at Ext. 8327. CKY EXHIBIT '0. �, i; 59.':, . July 2, 1998 Bruce K. Kawamura, V. Pres. Machado Acres Association 316 Ka Manelo Place Hilo, HI 96720 Ms. Virginia Goldstein, Director Planning Department County of Hawaii 25 Aupuni Street Hilo, Ht 96720 Page 1 Dear Ms. Goldstein: Change of Zone Application (REZ 98-13) Planning Director Initiated Machado Acres Subdivision Request: RS -15 to RS -10 and O Tax Map Key: 2-4-29.13 to 31 33 to 47 49 to 58 and 2-4-60:1-33 Per your request of June 30, 1998, we are responding to the comments from the Department of Public Works, Engineering Division as follows: 1. We believe that in approving the subdivision, the Department of Public Works had the opportunity to review and approve the drainage design for the entire area. The existing drainage easements in favor of the County of Hawaii gives implication of this approval. We concur that any new construction or substantial improvements within the affected parcels, including the "park" site, will be subject to the requirements of Chapter 27 - Flood Control, of the Hawaii County Code. 2. We believe that providing for future road widening setbacks and provisions for 30 -ft. radius at intersections is not relevant to this rezoning request. In addition, some of the parcels affected are not included in the membership of the Machado Acres Association. This rezoning is merely a "housekeeping" measure and will not increase the density of the area. 3. Since the drainage easements are in favor of the County of Hawaii, we take this opportunity to request that the Department of Public Works inspect the easements and have it properly maintained. 4. The Machado Acres Association recently had portions of the sidewalk fronting the "park" parcel repaired by a licensed contractor. Repairs were inspected and approved EXHIBIT 'C Ms. Virginia Goldstein, Director Planning Department Page 2 by a Department of Public Works inspector. The Machado Acres Association has scheduled a work session to remove some of the trees within the "park" site to prevent further uprooting of the sidewalk. This session is scheduled for July 11, 1998, at 9:00 a.m. We wish to invite any representative(s) from the Department of Public Works to observe or participate in this session. We appreciate the opportunity to respond to comments from the Department of Public Works, Engineering Division. Should there be any questions concerning this matter, please contact Bruce Kawamura at 961-2125. Very truly yours, cc: Department of Public Works Engineering Division Stephen K. Yamashiro Mnror Date: To From Subj.: Harry A. Takahashi aR \\ Director Ar Qwunfg IIl ( ttaafuaii DEPARTMENT OF FINANCE -REAL PROPERTY TAX 865 Pii6ni Street • Hilo. Hawaii 96720-4679 Fax (808) 961.8415 Appraisers (808) 961.8354 • Clerical (608) 961.8201 collections (808) 961.8282 6/18/98 Tax Map Key: 2-4-29-13to31,33to47,49to58 and Olto33. Planning Director Real Property Tax Office Request for Comments and/or Review Comments from the Appraisal Section: Property is receiving agricultural use value Property is dedicated to agricultural use Possible rollback taxes X There are no comments at this time Remarks: Appraiser to Contact: Gary Menino Phone: 961-8357 Comments from the collection section: Status of real property taxes: X Current With 1 exception (see below), taxes paid thru 6/30/98. X_ Delinquent / Amount $ 4,275.05 Amount includes tax, penalty, & interest up to June 30, 1998. Remarks: Delinquent taxes are owed by TMK 2-4-029-057; Lombe,Monico T/ Raymonda E. See bill attached for your reference. Collection personnel to contact: Winifred Todd, Tax Clerk Phone: 961-8282 EXHIBIT D 3 (?5'd' - OUNTY OF HAWAII CASHIER'S COPY .?ARTMENT OF FINANCE JNESDAY JUNE 17, 1998 DELINWJENT REAL PROPERTY TAX BILI. 3:36:31 PM OBHI I TAX MAP KEY I IHL63 I I PROPERTY ADDRESS 1 I I_I IISLI I 1 197-9811 I I I I I TEN 1 1740 HAIHAI ST I 12ONISECI PLAT I PAR I HPR I 1 3 1 I_I 1 2 1 4 1 I_I_I 029 1 I 057 1 0000 1 I I 1 000 1 I I I I I 1 PENALTY AND INTEREST COMPUTED TO: JUNE 30, 1998 I I_I 196-9711 I 108/20/961 I 957.951 12 102/20/971 957.951 1 1 197-9811 1 1 108/20/971 968.151 12 I I i I I I I I I I I I I I I I 102/20/981 I I I I I I I I I I I I I I I I I I I I I I I I 968.151 I I I I I I I I I I I I 1-1-1 0.001 76.771 1,034.721 3.341 1 961.291 1 1 96.821 1 149.101 1,214.071 96.821 1 1,064.971 I I I I I I I I I I I I I I I I I I I I I i i I TOTAL AMOUNT I 3,852.201 196.981 225.871 4,275.05 'OUR CANCELLED CHECK IS YOUR RECEIPT. :AKE YOUR CHECK PAYABLE TO THE DIRECTOR OF FINANCE. TOTAL AIL WITH CASHIER'S COPY OF BILL TO: REAL PROPERTY TAX DIVISION 65 PIILANI ST:HILO, HI 96720:PH (808)961-8282 3-2-4-029-057-0000 000 DDRESSEE: LOMBE MONICO T/RAYMONDA E DDRESS: BOX 294 : PAHOA, HI 96778 AR TOTALI I I 1,996.011 1 1 2,279.041 1 1 1 1 1 1 1 1 1 I 4,275.051 1 1 4,275.051 1 Stephen K. Yamashiro Mayor June 17, 1998 , V. J anuitt of �,N*afwliT FIRE DEPARTMENT 777 Kilauea Avenue • Mail Lane • Hilo, Hawaii 96720.4239 (808) 961-8297 • Fax (808) %1-8296 To: Virginia Goldstein, Planning Director From: Nelson M. Tsuji, Fire Chief SUBJECT: CHANGE OF ZONE APPLICATION (98-13) APPLICANT: PLANNING DIRECTOR REQUEST: RS -15 TO RS -10 AND OPEN TAX MAP KEY: 2-4-29:13 TO 31, 33 TO 47, 49 TO 58 AND 2-4-60.1 TO 33 Nelson M. Tsuji Fire Chief Edward Bumatay Depury Fire Chief Fire apparatus access roads shall be in accordance with UFC Section 10.207: "Fire Apparatus Access Roads "Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. "(b) Where Required. Fire apparatus access roads shall be required for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire department vehicle access as measured by an unobstructed route around the exterior of the building. "EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of this section may be modified. "2. When access roadways cannot be installed due to topography, waterways, nonnegotiable grades or other similar conditions, the chief may require additional fire protection as specified in Section 10.301 (b). EXHIBIT Ef C 5770 To: Virginia Goldstein, Planning Director Page 2 June 17, 1998 "3. When there are not more than two Group R, Division 3 or Group M Occupancies, the requirements of this section may be modified, provided, in the opinion of the chief, fire -fighting or rescue operations would not be impaired. "More than one fire apparatus road may be required when it is determined by the chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. "For high -piled combustible storage, see Section 81.109. "(c) Width. The unobstructed width of a fire apparatus access road shall meet the requirements of the appropriate county jurisdiction. "(d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches. "EXCEPTION: Upon approval vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance. "(e) Permissible Modifications. Vertical clearances or widths required by this section may be increased when, in the opinion of the chief, vertical clearances or widths are not adequate to provide fire apparatus access. "(f) Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all- weather driving capabilities." (20 tons) "(g) Turning Radius. The turning radius of a fire apparatus access road shall be as approved by the chief." (45 feet) "(h) Turnarounds. All dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. To: Virginia Goldstein, Planning Director Page 3 June 17, 1998 "(i) Bridges. When a bridge is required to be used as access under this section, it shall be constructed and maintained in accordance with the applicable sections of the Building Code and using designed live loading sufficient to carry the imposed loads of fire apparatus. "(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief." (150) "(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. 11(1) Signs. When required by the fire chief, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both." Water supply shall be in accordance with UFC Section 10.301: "INSTALLATION AND NAINTENANCE OF FIRE -PROTECTION, LIFE -SAFETY SYSTEMS AND APPLIANCES "Installation "Sec. 10.301. (a) Type Required. The chief shall designate the type and number of fire appliances to be installed and maintained in and upon all buildings and premises in the jurisdiction other than private dwellings. This shall be done according to the relative severity of probable fire, including the rapidity with which it may spread. Such appliances shall be of a type suitable for the probable class of fire associated with such building or premises and shall have approval of the chief. "(b) Special Hazards. In occupancies of an especially hazardous nature or where special hazards exist in addition to the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, additional safeguards may be required consisting of additional fire appliance units, more than one type of appliance, or special systems suitable for the protection of the hazard involved. Such devices or appliances may consist of automatic fire alarm systems, automatic sprinkler or water spray systems, standpipe and hose, fixed or portable fire extinguishers, suitable asbestos To: Virginia Goldstein, Planning Director Page 4 June 17, 1998 blankets, breathing apparatus, manual or automatic covers, carbon dioxide, foam, halogenated and dry chemical or other special fire -extinguishing systems. Where such systems are installed, they shall be in accordance with the applicable Uniform Fire Code Standards or standards of the National Fire Protection Association when Uniform Fire Code Standards do not apply. "(c) Water Supply. An approved water supply capable of supplying required fire flow for fire protection shall be provided to all premises upon which buildings or portions of buildings are hereafter constructed, in accordance with the respective county water requirements. There shall be provided, when required by the chief, on-site fire hydrants and mains capable of supplying the required fire flow. "Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. "The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be protected as set forth by the respective county water requirements. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 10.207. "(d) Fire Hydrant Markers. When required by the chief, hydrant locations shall be identified by the installation of reflective markers. "(e) Timing of Installation. When fire protection facilities are to be installed by the developer, such facilities including all surface access roads shall be installed and made serviceable prior to and during the time of construction. When alternate methods of protection, as approved by the chief, are provided, the above may be modified or waived. "(f) All fire alarm systems, fire hydrant systems, fire extinguishing systems (including automatic sprinklers), Class I, II, III (combination standpipe system) and combined systems, basement inlet pipes, and other fire protection systems and appurtenances thereto shall meet the approval of the fire department as to installation and location and shall TO: Virginia Goldstein, Planning Director Page 5 June 17, 1998 be subject to periodic tests as required herein. Plans and specifications shall be submitted to the fire department for review and approval prior to installation." fLSON M. TS�4-. Fire Chief NMT/mo DEPARTMENT OF PARKS & RECREATION COUNTY OF HAWAII '92 JUL 9 Aft 8 10 Date.' Jay' 9, .1998 CCUII I Y lr lwly;,ll TO: PLANNING DEPARTMENT FROM: DEPARTMENT OF PARKS & RECREATIONf L RE: (})CHANGE OF ZONE APPLICATION ( )SPECIAL PERMIT APPLICATION ( )SMA USE PERMIT ( ) SLU BOUNDARY AMENDMENT FOR: Machado Acres Subdivision TMK 2-4-29 & 60 ( ) We have no adverse comments to offer on the subject application. (X) The following comments are offered for your consideration: Our position on this request remains unchanged from that stated in our response dated 4/11/97 (copy enclosed). �£ any questions arise, please contact us. enc! EXHIBIT ,G , _ARTMENT OF PARKS & RECR' -ON COUNTY OF HAWAII M0 - TO: PLANNING DEPARTMENT FROM: DEPARTMENT OF PARKS & RECREATION RE: (X)CHANGE OF ZONE APPLICATION RS -15 to RS -10 ( )SPECIAL PERMIT APPLICATION ( )SMA USE PERMIT ( ) SLU BOUNDARY AMENDMENT (X) FOR: Machado Acres Subdivision TMK 2-4-29 & 60 We have no adverse comments to offer on the subject application. The following comments are offered for your consideration: The intent to rezone the Machado Acres Subdivision to eliminate liability on the park site circumvents the intent of the Cluster Plan permit issued for the subdivision. It is the opinion of this department that approving this rezoning request would set an undesirable and questionable precedent. Date: April 11, 1997 In response to your inquiry of 4/11/97 regarding whether this depart- ment would accept the existing park site, we respond affirmatively, however, subject to the following conditions: 1. The Machado Acres Association shall not place restrictions on how the park is developed. The Association's application for rezoning suggests that the site can be donated to the County with some restrictions regarding its future use. We will not accept the site subject to the Association dic- tating its use, other than our assurance that the site would be used for recreational purposes only. Whether it will be developed for passive or active use will be the County's decision; and 2. The park site will not be developed for recreational use until we are assured of receiving resources to properly main- tain the site. If any further questions arise, please contact us. Since George 101da, Director BACKGROUND AND COUNTY ENVIRONMENTAL REPORT CHANGE OF ZONE REQUEST (RS -15 TO RS -10 and Open) TAX MAP KEY: 2-4-29:13 to 31, 33 to 47, 49 to 58 and 2-4-60:1 to 33 WAIAKEA, SOUTH HILO, HAWAII This petition seeks a County Change of Zone classification from Single Family Residential (RS -15) to Single Family Residential (RS -10) and Open zoned districts for approximately 33.64 acres of land. The subject area involves the existing Machado Acres Subdivision located between Haihai Street and Ainaola Drive, adjacent and west of Maunakai Circle Subdivision, Waiakea, South Hilo, Hawaii, TMK: 2-4-29:13 to 31, 33 to 47, 49 to 58 and 2-4-60:1 to 33. (See Figures la and 1b) The purpose of the land use change is to designate the park site as Open zone district and the remaining subdivision as Single Family Residential (RS -10). (See Figures 2a and 2b) This would allow each property owner to own in fee simple its minimum 10,000 square foot lot and exclude each owner from any liability on the common area designated as the park site. The subject properties are owned in fee by various owners and the designated park site is owned by the Machado Acres Association, comprised of each lot owner. Each affected property owner has given authorization for the County of Hawaii Planning Director to initiate the change of zone request. (Attached authorization Response Notice and/or letter) The subject area involves approximately 33.64 acres of the existing Machado Acres Subdivision located between Haihai Street and Ainaola Drive. Final Subdivision for Unit I and Unit 2 were approved by the Planning Director on July 20, 1972 and June 1, 1973, respectively. Both units were developed under the Cluster Plan Development procedure, whereby the maximum number of lots that could be created was 76 residential lots having minimum 10,000 square feet. The remaining area was considered common land set aside for open space or for recreational use. Originally, the subdivision consisted of 74 lots with lot sizes ranging from 10,000 to 20,806 square feet; 2 lots with 44,667 square feet and 48,227 square feet; and 2 lots with 3.994 acres and 3.923 acres for the designated park site. Subsequently, the 2 lots consisting of 44,667 square feet and 48,227 square feet were consolidated and further subdivided into a total of 6 lots with minimum 15,000 square feet in size. r E F WAINAKU G/E w.rr �rrM�rt^vM-M . IJULU 1 wap I8 ZIP CODE 96720 sUBTECT K AREA -' 1 SMxP, i I.14�4 I� IItlt ZIP CODE 96720 WavW Fdtlf H.flrv. WAIAKEA /�♦��\ \ •\ HOMESTEADS .................... .................. .. _... _.. I K..ubn. ` M ary WAW(FA l l F y 10--T II 1 E L 10 19 / Z%CODE • Pomr p Mr - Zi www Rn� _. _� Hawan Mao 2 ... HILO KEAUKAHA Symed.E �' w.� nn IP C 9672 11 H""`a W. / — 0. m % \ � R art`/ t -Weiue �a ' Hdo Inlernatrone/ Airport ... . - d"w' Inl.rory n.ry f I I . fGenersl Lyman fish) Op'I Cays.. Q.P M J: QL.xn Malor Sv«I i(^� p.rt ' Hpn ~ e e � I 1 • / �, MN i I.14�4 I� IItlt ZIP CODE 96720 WavW Fdtlf H.flrv. WAIAKEA /�♦��\ \ •\ HOMESTEADS .................... .................. .. _... _.. I K..ubn. ` M ary WAW(FA l l FIGURE la GENERAL LOCATION MAP / Z%CODE RAWAII 96720 Hawan Mao 2 HILO Symed.E �..n Scnod. 11 H""`a W. / — 0. m % \ O NOfplal Inl.rory n.ry Op'I Cays.. - Malor Sv«I i(^� p.rt ' foul Awa Urp.n O..axm.nl a os nac o as sc ucs.0 FIGURE la GENERAL LOCATION MAP b9 p -9• c 'Q Q � R n, - r o Rd _ _ a 'lie ' A, o T ' P d Y 0 r ` \\ �O y 44 �co SUBJECT ARE `n cD ni N ' n C O ir) CO to \ \ y n I � n o � °D Ln rQ O ti � h a N lV O y Lo ' e � n O100 FIGURE lb \ �� GENERAL LOCATION MAP KOMONANA STREET PLAT C/RCL £ P. FIGURE 2a PROPOSED ZONING DISTRICTS ' / . 2 6/s \ \� NAIAKCA NO./JI zOrD rLAr !I J}(� Excluded Are3'rOMOHANA SrR£Er '_�. ? °+ ''�,_�----x - '�----� •. / � )f ` �.'", ,off F IBJ iM �pEitOj a 2`a IU F , } S " 'im �4 t`o" •eta • ;t '.t�" , : �?� :I /I Y 1 S ai� I o 3is = �iQ V' 11��„ •,... � iil? �,: .j t �, ♦ [ wa n I ♦ ` 5 a, % * p� e �� 2 �`� rY�t s q a tjj u y�� `� ay t• ::j��jj�fi�° 1i\ � 1 t � a� : i� 1^_; cc ISE it s rR£E r (l Q • � d11 a ��3� �: / r) kin IN ry ' O \ •� . • CO • '°I +_ • � —^•env ' 1 i I r al AIN • t -------------------- 0 a ii � 3 •if y 1♦;0 • � L S�31j3 � Iq , � :�. a e• �LAr FIGURE 2b MANUXA/ PROPOSED ZONING DISTRICTS O4/14/1 ..r . �+ •+�£ q According to the Machado Acres Association, as part of the covenants of the sales agreement for lot owners in the Machado Acres Subdivision, each lot owner automatically becomes a member of the Machado Acres Association as a condition of ownership. Further, in accordance with the By -Laws of the Machado Acres Association, the purpose of this nonprofit organization is to administer an 8_± -acre park site (TMK: 2-4-29:28 and 2-4-60:1) which had been set aside by the developer as a public park area. Although the developer donated $10,000 to the Machado Acres Association in lieu of developing the park, the park was never developed due to the high cost to prepare the land, which far exceeded the money available. It is also stated that the Machado Acres Association is legally liable for any injuries that may occur on the designated park area, and therefore, the Association prefers to eliminate all liability that the Association and its members are presently subjected to. As a solution to this liability problem, the Machado Acres Association requests that the Machado Acres Subdivision be rezoned so as to separate the designated park site from each lot. The park site would then be dedicated to the County of Hawaii for park recreational purposes. The subject area is located entirely within the State Land Use Urban District. The proposed Single -Family Residential (RS -10) and Open zonings can conform to the following goals, policies and standards of the following elements of the General Plan. 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. ' Zone urban- and rural -types of uses with ease of access to community services and employment centers and with adequate public utilities and facilities. * 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. ' The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. -2- Single -Family Residential To provide single-family residential areas conveniently located to public and private services, shopping, and other community activities and convenient access to employment centers. The County shall designate and allocate single-family residential zoned lands at varying densities for future use in accordance with the needs of the communities and the stated goals, policies, and standards. Recreation * Provide a wide variety of recreational opportunities for the residents and visitors of the County. * Provide a variety of environments for active and passive pursuits. * Facilities for compatible multiple uses shall be provided. * The County shall coordinate recreational programs and facilities with governmental and private agencies and organizations. Innovative ideas for improving recreational facilities and opportunities shall be considered. The County General Plan LUPAG Map designates the subject area as Low Density Urban Development. Low Density Urban Development allows for single family residential in character, ancillary community and public uses and convenience type commercial uses. As such, the proposed change of zone request would be consistent with the County General Plan designation for this area. The Hilo Community Development Plan was adopted as Resolution No. I on May 21, 1975 by the Planning Commission. The plan intended to serve as the official development guide for the short range growth and development of the Hilo community, based on the policies established in the County General Plan. The Land Use Concept Map of the Hilo Community Development Plan identifies the subject area for Single Family Residential (RS -15) zoning. The subject area is presently zoned as Single Family Residential (RS -15). The proposed land use change would reclassify the subject area approximately 25.844 acres -3- t to Single Family Residential (RS -10) and 7.796 acres to Open zoned districts. This would permit the existing subdivision of residential building sites of a minimum 10,000 square feet and convert the designated park site for recreational uses. The subject area is not located within the County's Special Management Area boundary. The proposed action is not subject to the requirements of Chapter 343, HRS. According to the Department of Health Rules (Section 11-200-6) and the Environmental Impact Statement Law, Chapter 343, HRS, preparation of an Environmental Assessment and/or an Environmental Impact Statement is required under the following circumstances. • Use of State or County lands • Use of lands within the State Conservation District • Use within the shoreline area • Any use within any historic site Any use within the Waikiki -Diamond Head area of Oahu • Any amendment to existing County General Plans • Use of State or County funds • Construction or modification of helicopter facilities Because none of the above "triggers" are applicable to the proposed action, the environmental review process established by Chapter 343, HRS is not applicable. According to the previous owner, William Machado, of the subject area, the land was originally leased from the Waiakea Mill Company and used for sugar cane production. In 1947, the land was converted to ranching activities. Presently, Machado Acres Subdivision comprises of a total 80 lots with minimum 10,000 square feet in size. There are 67 single family dwellings, 13 vacant lots, and the park site, approximately 7.917 acres. -4- k The subject area is located at an elevation of approximately the 450 feet above mean sea level. The area has a 0-20 percent slope. The mean annual rainfall in the area ranges between 100 to 175 inches. The United States Geological Survey (USGS) classifies the area as within Lava Flow Hazard Zone 3 on a scale of 1 (most hazardous) to 9 (least hazardous). Zone 3 is the same classification for the entire City of Hilo. The entire island of Hawaii is within Earthquake Hazard Zone 3, which is the zone of highest seismic occurrence and danger. The subject area is located over 3 miles from the ocean and therefore, it is located outside of the Civil Defense's Tsunami Evacuation Zone. According to the Federal Emergency Management Agency Flood Insurance Rate Maps (FIRM), the subject area is located within Zone X, area determined to be outside the 500 -year flood plain. (See Figure 3) As part of the subdivision requirements for the final approval of the Machado Acres Subdivision, drainage improvements have been installed in accordance with the Department of Public Works. Soils on the subject area are identified by the Soil Survey Report of the Island of Hawaii as Olaa Very Stony Clay Loam (OID) and Panaewa Very Rocky Silty Clay Loam (PeQ Series. (See Figure 4) The Olaa series consists of well -drained silty clay loams that formed in volcanic ash. Olaa soils are used for the production of sugarcane. The Panaewa series consists of shallow, moderately well -drained silty clay loams that formed in volcanic ash. Panaewa soils are used for sugarcane, pasture, and woodland. In both soil series, the permeability is rapid, runoff is slow, and the erosion hazard is slight. :► 1 11 S J1113EXIM621010 IN Dili: 91 1XIJ W51MO 1211404 1 D\ U Using a five level productivity rating from A (highest) to E (lowest), the 1967 Detailed Land Classification from the Land Study Bureau categorized the subject area as "C" or Fair. (See Figure 5) -5- u� 3 m i a' O Z C O� 546 j r 3 / m � H a X N � o XO ' Z 3 m- 0�� _D r_ r3 Z 13341S 3130r "' N m O w II X O c �. C ° m r3 �m O ti ti O O { `'✓T Im 5371 sza in F M-1 'L LOS "I N mo i s m N \6V z D r y m •a �:� � O _ m IIbr 94{4 m O b --� U� m O A a Im. m fed i� '• m O m m d4 s z 133H15 01;vX7�' m D SUBJECT AREA I` J` r N 8d l zti�ti4 yti m <l5 405 SZ£ yet i LLz _ _ r o O U IN' Ivml U N ms l 2 iy "m PIGUftE 3 ------ j'.I FLOOD INSURANCE RATE f4Ap m i O Z C ❑ Yui •' "�. G N r> m ro I m o z 0 'o IN' Ivml U N ms l 2 iy "m PIGUftE 3 ------ j'.I FLOOD INSURANCE RATE f4Ap 05' N , 0 5nM anM innn 2nno 1000 O FIGURE 4 SOIL CLASSIFICATION •1SFD rKFO l PeC PiAo - our - School _ • Rex e0ir »- '4 " �` rKFO 12l _ _ NFD - ....>- ♦ ` 4 - ]. - -- 'i' - •'�'..- z• z i DID .i �. ee�w a •DSD •Y • NFD 71�-`..! .. .y' = �.• � ,OaC r. -�• ` I - 6 :' I' R^�.al�,.Ht amkee-Waena •'-Sch �- t Y Y R •._ _ •• _ •'olD •'tom`- '. �� t M- "•S{_ ..i 0_ olD .� _ - '� '.i: - - �• _ :moi -� ��- YI � ! •"!_ .4 ?' .`'�-..-PeC - ;' c., - •-' z .. Y '" ---�ti- _. ��3= •• _ .�=r JVD' -'',:.�'�j`{` _ - -: B.7ECT N�( 60LrcoU9Sc •� 7 r.�. •�� ftl AREA j•• oic •' _� r r•'.r ... , OHC tKFO WD T t ,PeC .' N '. PeC . 41- J. .. t .DID' - _�— A •� -✓- 'a e_..e•- ^t -� '...- ♦'' Y HIC • r V 'rKFO rNFO. -f rOaC r HaC OS' N , 0 5nM anM innn 2nno 1000 O FIGURE 4 SOIL CLASSIFICATION end Classification- Island of HaY� .. i r rpt i[A . •� ~T ri SUBJECT ARE r 626 _,.. 611 C17 Cleo E 306 _U U 'Hilo ;L-•1 ,4- - ,D. Municipal.'f�'`:Y r C 171 ''-f`•�=! ,~ r� Golf Course r: C 1C 180 .0 c 17e u '. C.17eOn � <1 0177 C177. -�-%i•�"}C Px U C 178 C 171 1 _ C 176 ?4 - -(at C 177 > 1. - rte C177 C 178tj 0 48 047 0 182 ::3: 1•.+:�,=-' C17 V: • `': Toa' 641`x Ai4KEA < D 182 X c 4z - - - - 0 48 - FOREST S '= sx� = C 46RES >✓r�, f. ' . h r r L E 271i D 48 600 C 46 _ UH �Xperimen E66� .� 0171 - Station r" %r.� >+t t. ,YJ _-.1w✓ 1,/ �fl �.>T/�y� Jriy{N.1 fI ,/i � ,tr 1��' f^?' e-Y - �it,t�: - �� _. Y iTr •{-/' T�T 4yrta,a:h Ls .: or � �, s r i' l r � 4 ' f "„af � y.f tir ''�!-' y S.�`�t'• 'i r - ! 'tel ._�.' a .. 1' sr.:.; �,,,rr.. +•� , �"a= r" .",...�^ r'��-.7' +' ``.yYr'";� lti��r''�a:• tee', ��r 'IssC- �r>c�e?' . = T., - ,. ' -ei. rrv1` =�•� "-x�>,:.'e� F.�, _e a i, •_. _ ... Z..Yi... .. �.��G'.�:."�t. Jjr:a::i.�^1'S rCr:_.�'•r.. ._i✓raT�ri-.,_�.i � toped 1963-64 U S.G 5 Ouad Reference H00 _ASSIFICATION SYMBOL aster Produ Ctiv,ty Rating Ak6FIGURE 5 and Type. Number and leiter ••� if irrigated; Appro, DETAILED LAND CLASSIFICATION ,moer only if unlr ri gated (See sections of No, t in ,, .,nere land topes are defined and rated by - ected uses ) '_AND STUDY BUREAU, Un,,ersity e The ALISH classification system identifies the subject area as existing urban development, as the subject and surrounding area have been developed for urban type use. (See Figure 6) The original botanical resources native to the subject area were removed many years ago to permit sugar cane and ranching agricultural uses on the subject land as well as on the surrounding lands. Consequently, the subject area has been substantially altered by perpetual long-term sugarcane cultivation and ranching activities, and subsequent residential development and therefore, no significant Floral resources or habitats remain within the area. Similarly, no significant faunal resources remain within the area. Generally, introduced birds and feral dogs, cats and mongoose are in the area. Because the subject area has been substantially altered by long-term sugarcane cultivation, ranching activities, years of grading and other topographic modifications, and residential development, there is no archaeological sites evidently remaining within the area. The Department of Land and Natural Resources, State Historic Preservation Division has indicated that the subject area is located on existing sugar cane land and is highly unlikely that any significant historic sites would be found at this location given the disturbance of the ground surface. As such, the proposed change of zone request will have "no effect" on significant historic sites. The subject area is an existing residential subdivision with existing residences and therefore, the proposed change of zone request is not anticipated to increase any adverse impacts or violate State or Federal air, noise or water quality standards. Lands surrounding the subject area are residential in nature with single family dwellings and/or vacant lots. Lands to the north, east and south are zoned Single Family Residential (RS -15) and to the west are zoned Single Family Residential (RS -10). Adjacent and east of the subject area is the 86 -lot Maunakai Circle Subdivision which was also developed under the Cluster Plan Development (CDP) concept. Lands to the south and on the Puna side of Haihai Street consist of the Palakiko and Hale-O-Lani Subdivisions which comprise of minimum lot sizes of 15,000 M /t _..._.. .. ........ ....... ........... ... ............. u...... '3 \� A L. LNDE E r I. < P ............... 00 0 P z _ I I Q P F NINOOLE � Y 00 u /J _idoit /300 f '• UBJECT �AR �r-�/1 /'CYT aK•. "` ..+ ST .•�. ... / I �/ `� ' qyt (fes'- -1•V' r ANA .A. a 4 = f+ �� r r•�l I\ KOMONY.o I,I\ ♦ /` •� 006 X00 i otir ii e i FIGURE 6 I-� ALISH MAP C, square feet. Several Single Family Residential (RS -10) rezonings were previously approved in the vicinity. (See Figure 7) The affected parcels include: A. Applicant: Hawaii Housing Authority Request: RS -15 to RS -10 Ordinance No. 418 (Rez 322) Effective Date: March 19, 1979 Affected Area: 14.816 acres Proposed Lots: 41 Tax Map Key: 2-4-58:33 and 34 Location: West of the Machado Acres Subdivision B. Applicant: Thelma Machado Request: RS -15 to RS -10 Ordinance No. 83 47 (Rez 469) Effective Date: November 29, 1983 Affected Area: 1.00 acre Proposed Lots: 3 Tax Map Key: 24-29:11 Location: Adjacent and southwest of the Machado Acres Subdivision C. Applicant: Edward Tavares & Albert Nishimura Request: RS -15 to RS -10 Ordinance No. 83 60 (Rez 460) Effective Date: December 19, 1983 Affected Area: 25,600 square feet Proposed Lots: 2 Tax Map Key: 213-61:1 Location: Adjacent and southeast of the Machado Acres Subdivision D. Applicant: Harvey Chong Request: RS -15 to RS -10 Ordinance No. 92 86 (Rez 644) Effective Date: July 22, 1992 Affected Area: 20.44 acres Proposed Lots: 65 Tax Map Key: 2-4-16:46 Location: Approximately 968 feet east of the Machado Acres Subdivision Other Single Family Residential (RS -10) zoning have been approved further west of the subject area, from the proposed Komohana Street extension to Kupulau Road. (See Figure 8) -7- ommmmmmmmmo. I■■IN■RI■M■N■I■■I ■■■mons iiii■ipi ii I" 511111111 11 1111 ■..mons nommo..t ■.11■IIIIIItIt ut.tt.t■s ■� ■oe.■s.■.■ ■� muur��nuul�lma IIIIISNI/1111It... 111111/ ;11111111 111111■ .11111111. somponson sons■■■. tt� ■eumuu tllllllllllla UIIIIIII u111111111U ��11111111' `111111111111 ■/ttttt// tttt/t.� \\111111 11111111111 X111111/11111111.11 Illlllllllllllllissll � Winning .t//tit � • 11u11111uu1111:{u 0 !!IIIIIIIIIII111e Il HIIIIIIIIIIIIHI: Keone Street is the primary access through the Machado Acres Subdivision and connects between Haihai Street and Ainaola Drive. Keone Street and all the roadways within the subdivision have been constructed to County dedicable standards with fifty (50) foot rights-of-way and with full pavement and curb, gutters, and sidewalks. Water is already available to the existing subdivision from the County water system. As such, no further improvements and/or water service would be required for the proposed change of zone request. There are no municipal sewer system in the area. Wastewater generated by the existing subdivision is handled on site by means of cesspools or individual septic systems meeting the approval of the State Department of Health. Solid waste in the area would be collected and disposed of individually or by commercial haulers to the Hilo landfill or transfer stations. The Kawailani Fire Station is located about a mile away along Kawailani Street. The Central Police Headquarters is located approximately three (3) miles from the subject area. The community of Hilo contains a hospital (Hilo Medical Center) and various medical and dental clinics which are located approximately 10-15 minutes from the subject area. The subject area is an existing residential subdivision and therefore, the proposed change of zone request is not anticipated to add significantly to the demand for emergency and daily medical care facilities in the Hilo area. The Waiakeawaena Elementary School is located within two (2) miles of the subject -8- area. The Waiakea Elementary, Intermediate and High School Complex is located within three (3) miles of the subject area. The County Ainaola Park is located approximately 450 feet to the north of the Machado Acres Subdivision. Other County recreational facilities and parks are available at Waiakea Uka Park Complex and Ahualani Park which are located further west of the subject area and within a distance of approximately 5 minutes. The Waiakeawaena Elementary School grounds and Andrews Gym are located within 10 minutes from the subdivision. There is also the Hilo Municipal Golf Course which is located less than a mile from the subdivision. Hawaii Electric Light Company (HELCO) provides electrical services to the area, and telephone communications are furnished by Hawaiian Telephone Company (HTCO). Single family dwellings will continue to be constructed on the vacant lots. The existing residences and uses would remain the same. There would be no major physical and infrastructural difference than what presently exists today. The short term use of the designated park site would be the same, overgrown trees and grasses, and each property owner would borne the liability on any injury that occurs on the park site. The approval of the change of zone request would exclude each property owner from the liability problems and the park site would be dedicated to the County of Hawaii for development into an improved recreational park/facility. The subject area has already been disturbed by previous sugar cane cultivation, ranching activities, grading, and residential development. Therefore, the change of zone request should not result in an irreversible commitment of natural or archaeological resources. WE In developing the park site, the developer would comply with all construction requirements and approvals of the Federal, State, and County. No Action Under this status quo alternative, the park site may remain overgrown and may not be developed by the Machado Acres Association due to its financial constraints. Further, the park site would remain as common land area for each property owner and therefore, each owner would still be liable to any injuries that occur on the park site. 2. Alternative Residential Lots Under this alternative, the park site could be subdivided into residential lots. While this would be consistent with the residential goals of the General Plan, may not be consistent with the recreation goals of the General Plan as this alternative would remove the already designated park site for any future recreational park/facility. In view of the aforementioned alternatives, it would appear that none of the alternatives would be more prudent and beneficial than the requested change of zone, in particular the Open zone. -10- 0 S ATTACHMENT Residential Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? 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? b. Into what lot sizes? C. If your request is approved, approximately how long after the date of approval do you expect to suomit your subdivision plans to the Planning Department for preliminary approval? d. Do you intend to build houses on the newly created lots? If yes, please answer the following questions: On how many of those lots? At what approximate price range? House Lots Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. b 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? 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? No e. Other (please state) Affected properties are awned by various property owners, park site is owned by Machado Acres Association. f. If you intend to do either a, b, or c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? No How? 4. Are there any buildings on the subject area? Yes If so, what kind? The Machado Acres Subdivisior presently has approximately 67 single family dwellings. What do you intend to do with those buildings if your request is approved? Each property owner will be keeping the dwelling. -2- L 5. Is the subject land currently being used for any agricultural activitity? No If so, please list the kinds of products grown and on how many square feet or acres of land per product. 6. To your knowledge, has there been any flooding and/or drainage problem on the subject area? NO If so, please describe the problem. 7. Do you think that the roads leading to the subject area NO needs improvement? If so, what kind? Is the road adequate for the proposed traffic volume Yes or load? 8. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? -3- Yes No a. Schools X b. Roads %, C. Sewer % d. Drainage % e. Police Protection % -3- Yes No f. Fire Protection X g. Recreational Facilities x h. Public Utilities X i. Other For those checked eyes," please elaborate what type or kinds of improvements and/or assistance are needed. Possible minimal improvements be provided at the park site for recreational purposes/uses. Signature: Address: Telephone: Date: 6337A/50A P.D. 5/84 -4- S IIe1AMIN I. CAYETANO GOVERNOR Of HAWNI April 24, 1998 STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES STATE HISTORIC PRESERVATION OIVISION 33 SOUTH KING STREET, 6TH FLOOR HONOLULU, HAWAII 96613 Ms. Virginia Goldstein, Director Planning Department/County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Dear Ms. Goldstein: HICIIAF.L D. NILSON, OIAIV RSO% SOARO OF LAND ANO NATUAN RESOVACIS OhVnES OILSERT COLOMM AGA AOUACMTURE OEVELOf MOGMM AOUATIC RESOURCE$ CONSERVATION AMO RESOURCES ENFO OAEW CONVEYANCES FOREST" Neo VREDUFE HISTORIC MESERVAEION OIM90M LANG OIM V ON STATE RANKS WATER ANO UNO OMOfSEENT LOG NO: 21305 ✓ DOC NO: 9804PM 13 SUBJECT: Amendment to Hawaii County Zoning Code (Chapter 25) to Change approximately 35.411 acres of land from Single Family Residential (RS -5) to Single Family Residential (RS -10) Hilo, South Hilo, Hawaii Island TMK: 2-4-29 and 2-4-60 Thank you for your letter of March 23, 1998 and the opportunity to review and comment on the proposed amendment, which proposes to change the classification of approximately 35.411 acres of land. The site plan that accompanies the application indicates that the proposed project is located on existing sugar cane land. Based on this information it is highly unlikely that any significant historic sites would be found here given the disturbance of the ground surface. We thus believe that the proposed use of this two acre parcel will have "no effect" on significant historic sites. If you have any questions please contact Patrick McCoy (587-0006). Aloha, DON 14BARD, Administrator State Historic Preservation Division PM:amk iii < .._� Machado Acres Association 316 Ka Monelo Place Hilo, HI 96710 Officers and Directors President: Delmar Kleckner (rice President Secretary: Treasurer. Directors: Bruce Kawamura Karen Chaves Roy Nagata Roy Hamakawa Gordon Inaba Lea Kaneta-Ogata Seth Mizuba Alan Yamaguchi November 5, 1996 Ms. Virginia Goldstien, Director Department of Planning County of Hawaii 25 Aupuni St. Hilo, IR 96720 Subject: Request for Re -Zoning M t:do Acres Subdivision We are the lot owners of the Machado Acres subdivision located in the Waiakea Uka area of Hilo and seek to rezone our subdivision from RS -15 to RS -10. As we understand it, our subdivision was zoned RS -15 during the period of time when developers were permitted to establish Cluster Plan Developments by designating parcels of land within a subdivision as park area. For Machado Acres, the designated park area included TMK 2-4-60-1 and TMK 2-4-29-28. Unfortunately, the developer of our subdivision did not spend the funds needed to develop such a park. Further, efforts of past Machado Acres Association members to dedicate the parcels for County of Hawaii park use were always refused. The result is that the 74 lot owners have approximately 8 acres of vacant land that poses a burden of liability for said owners. Please note that we have made a concerted effort to obtain unanimous support from Machado Acres lot owners to amend the cluster plan development designation for our entire subdivision, excluding the 8 -acre park site. We have enclosed copies of the letter sent to all lot owners, copies of all Certified Mail receipts(with the exception of lot owners Ms. Karen Chaves and Ms. Raymondo Lombe who took hand delivery of our letter and responded thru our Response Notice), and copies of signed Response Notice forms for those who chose to respond directly. Association lot owners were given the option of casting their support by returning or not returning the Response Notice for being in support of the Board's recommendation for re -zoning as noted in our letter to lot owners dated September 7, 1996. For a better understanding of the necessity for our request for re- zoning our subdivision, we have also enclosed copies of the Articles of Incorporation for the Machado Acres Association and our Association By -Laws. 6 We look forward to your review and response to our request for re -zoning our subdivision and would be glad to answer any questions regarding this matter. Please feel free to contact me during the day at 966-9301 or during the evening at 959-5940. Delmar B. Kleckner, resident Machado Acres Association Enclosures: Letter Dated September 7, 1996 to Lot Owners of Machado Acres Subdivision List of Machado Acres Lot Owners Copies of Response Notices received Copies of Certified Mail Receipts Machado Acres Association Articles of Incorporation Machado Acres Association By -Laws e q September 7, 1996 Roy Hamakawa The purpose in writing to you at this time is to keep you Gordon Inaba informed of where we are after these many years regarding the Lea Kaneta-Ogata parcel established for a park. We were advised by an attorney several years ago that the MAA is legally liable for any injuries Seth Mizuba that may occur on the designated park area. The MAA Alan Yamaguchi subsequently took steps to protect the MAA members by purchasing the necessary insurance and posting "No Trespassing" signs. However, we would prefer to eliminate all liability that the MAA and its members are now subject. The most attractive solution to this problem is to have our entire subdivision re -zoned to RS -10 from RS -15 and turn the designated park site into a `passive" recreation park (no tables or benches, playground equipment, pavilions, or sport fields) which would be dedicated to the County of Hawaii. The passive recreation park concept would eliminate the problems associated To: All Lot Owners - Machado Acres Subdivision Subject: Association Liability and Fees Assessment On lune 29, 1996, new officers were elected to the Board of Directors of the Machado Acres Association(MAA). Minutes of fachado Acres Association this meeting are enclosed for your information. As partof the 316 Ka Manelo Place covenants of the sales agreement for lot owners in Machado Hilo, HI 96720 Acres Subdivision, you are automatically a member of the Machado Acres Association as a condition of ownership. Officers and Directors esident. Delmar Kleckner In accordance with the By -Laws of the MAA, the purpose of this nonprofit organization is to administer the 8 acre parcel which had been set aside in the subdivision by the developer as a public ce President: Bruce Kawamura park area. The developer donated $10,000 to the MAA in lieu of developing the park. Unfortunately, the park was never crelary: Karen Chaves developed because the high cost to prepare the land far exceeded the money available. Also, the County of Hawaii was not easurer: Roy Nagata interested in funding the development of park in our subdivision. rectors: Roy Hamakawa The purpose in writing to you at this time is to keep you Gordon Inaba informed of where we are after these many years regarding the Lea Kaneta-Ogata parcel established for a park. We were advised by an attorney several years ago that the MAA is legally liable for any injuries Seth Mizuba that may occur on the designated park area. The MAA Alan Yamaguchi subsequently took steps to protect the MAA members by purchasing the necessary insurance and posting "No Trespassing" signs. However, we would prefer to eliminate all liability that the MAA and its members are now subject. The most attractive solution to this problem is to have our entire subdivision re -zoned to RS -10 from RS -15 and turn the designated park site into a `passive" recreation park (no tables or benches, playground equipment, pavilions, or sport fields) which would be dedicated to the County of Hawaii. The passive recreation park concept would eliminate the problems associated r r with park pavilions and other attractions that invite abuse, graffiti, and vandalism. Re -zoning the entire subdivision will not hurt our property values and will not have an effect on our property tax assessment. In order to request re -zoning, however, every lot owner in the MAA must petition the County of Hawaii to effect such a change and eliminate our liability for the park. Machado Acres Subdivision (72 lots) was subdivided under the "cluster plan development (CPD). CPD allowed the creation of 10,000 sq. Ft. lots within the 15,000 sq. Ft. zoning designation subject to the reservation of open space or recreational areas. (See Attachment 41 enclosed: Hawaii County Code; Article 22, Cluster Plan Development. To comply with the CPD requirements, the park site (7.917 acres) was reserved and given to the MAA. No other permitted use is allowed on the park site. Unless a change of zone (RS -15 to RS -10 is initiated and approved for the 72 lots in Machado Acres Subdivision, the park site will remain the responsibility of MAA. Rezoning the 72 lots to RS -10 will relieve the obligation to retain open space or recreational areas. The property can then be disposed of by donating it to the County with some restrictions regarding its future use. If we do not get- rgement from the 72 lot owners to re -zone our subdivision, we will e be faced with the following annualxpenditures and we must begin assessing a membership fee from all lot owners to cover our anticipated costs: • General Property Liability Insurance: S 850.00 • Directors and Officers Insurance: 1,600.00 • Curbside Yard Maintenance: 600.00 • Tree Trimming: 1,000.00 • Supplies/Postage/Copier: 200.00 • Accounting Services: 1,200.00 • Legal Fees: 1,000.00 • Contingency Fee: 1.449.90 Estimated Annual Expenditures: S7,450.00 t Based on the number of lot owners,7his would require an estimated annual `- assess►nenf o 4proxima' tely $100 per-year.Y� Please consider the proposal by your elected volunteer Board of Directors. We feet it is in the best interest of all of us to request the re -zoning of our subdivision so we can avoid these assessments. We have enclosed a Response Notice that we would like for you to complete. Please return this Response Notice by September 27, 1996 so we can proceed with the wishes of the MAA members. If a response is not received by the deadline indicated, it will be considered as "in favor" of the Board's recommendation. Should you have any questions regarding this matter, please call any of the following: Del Kleckner, President 966-8623 (Days); 959-5940 (Eves) Bruce Kawamura, Vice President 961-2125 (Days); 959-4739 (Eves) Thank -you for your attention to this very important matter. &&zk� Del Kleckner, President Machado Acres Association 3 Enclosures: Response Notice Return Addressed and Stamped Envelope Hawaii County Code 3 Maar of ialudii ]UPPartwnt of Ergulatarg Agrnrirs itaaalulu 43, the unbrrsigub Birertar of Negulatarg Agenries of the btute of liawaii. 4rubg rrrtifg llalllie a&achedsl a Gine azul exacl CIO/T 0/-- PETITION / PETITION FOR CHARTER OF INCORPORATION filed in this Department on December 13, 1971 and CHARTER OF INCORPORATION of MACHADO ACRES, ASSOCIATION anted on December 15, 1971. 31n witnrss wherraf, .9� Aa" Jet/ on Lased and afoa+ed 440 aexal 0/ !/u e`iatlnun! c/ gzvwalosy .16Fen«es1 a! .7i,wo ggd&, l/a�s/a 17th December, c��/December, i'971. Zl/ (' X �// Sei 'I �A "`� Corporation and Securities Administrator In the Matter of the Petition ) � c for a Charter of Incorporation of ['IACHADO ACRES, ASSOCIATION, a non-profit corporation. m x � N - _ PETITION FOR CHARTER OF INCORPORATION' ROY K. NAKAMOTO 850-0 Rcom 203, 80 Pauahi Street i:i 1o, Px.,a I' i 5'672) Attorney for Petitior.crs. In the Matter of the Petition ) for a ) Charter of Incorporation of ) MACHADO ACRES, ASSOCIATION, ) a non-profit corporation. ) ) PETITION FOR CHARTER OF INCORPORATION TO THE HONORABLE EDWIN H. HONDA, DIRECTOR OF REGULATORY AGENCIES: The undersigned, HIROMU YAMANAKA, GEORGE H. SAKAMOTO and ROY K. NAKAMOTO, all of whom are residents of Hilo, County and Stage of Hawaii, hereby make this petition and request that you grant to them, their associates and successors a Charter of Incorporation for a non-profit corporation to be known as MACILWO ACRES, ASSOCIATION, in the form and style, for the purposes, and with the powers as set forth in the proposed form of Charter of Incorporation attached hereto and by reference made a part hereof. Dated at Flilo, County and State of Hawaii, this day of 19 cam. •� �`� �.c..✓ � .'.!, •--'�` _^ /,�. HIROMU YAMANAKA bn.P L 1 GEORE1G U. SAKAMOTO In the Matter of the Petition ) for a ) Charter of Incorporation of ) MACHADO ACRES, ASSOCIATION, a non-profit corporation. CHARTER OF II:CORPORATION TO ALL WHOA THESE. PRESENTS MAY COME: I, EDWIN H. HONDA, DIRECTOR OF REGULATORY AGENCIES, OF THE STATE OF HAWAII, SEND GREETINGS: I. WHEREAS, HIROMU YAMANAKA, GEORGE H. SAKAMOTO and ROY K. NAKAMOTO, all residents of Hilo, County and State of Hawaii, have made application to me to grant to them and their associates aid successors, a Charter of Incorporation under the corporate name of "MACHADO ACRES, ASSOCIATION," which address is 116 Kamehameha Avenue, Hilo, Hawaii, as a body corporate, with the objects and purposes hereinafter set forth: II. NOW, THEREFORE, KNOW YE, that I, the said EDWIN H. HONDA, as such Director of Regulatory Agencies aforesaid, in the exer- cise of every enabling power and authority, do hereby create and constitute the said HIROMU YAMANAKA, GEORGE If. SAKAMOTO and ROY K. NAKAMOTO and their associates and successors a body corporate for a perpetual term, under the name of "HACHADO ACRES, ASSOCIA- TION," for the objects and purposes hereinafter mentioned, and with all of the rights, benefits and privileges which now aie or hereafter may be secured by law to corporations of this character. -1- STATE OF HAWAII ) )SS: COUNTY OF HAWAII ) HIROMU YAMAIIAKA, GEORGE H. SAKAMOTO and ROY K. NAKAMOTO, all of full legal age, being first duly sworn, each depose and say: That they are the petitioners who signed the foregoing Petition for Charter of Incorporation; that they are all resi- dents of Hilo, County and State of Hawaii; that they have read said Petition and the proposed Charter of Incorporation, which by reference was made a part of said Petition; that they know the contents thereof, and that the same are true and correct to their best knowledge and belief. �� y HIROMU YAMANA/�A / —� IX ,�-� Subscribed and sworn to before me this y 4, day of i&C44A_Z-.k 197/ 1.I Notary Public, Third Judicial Circuit, State of Hawaii !ty commission expires /�/�U III. The objects and purposes of said corporation are as follows, subject to, and within any applicable limitations and restrictions of, the laws of said State: (a) To acquire and own all of the common areas in the subdivision known as Machado Acres located at Hilo, Hawaii, to be used for park and recreation purposes, and to operate and maintain such real estate for park and recreation purposes for the use and benefit of the members of the association. (b) To represent and promote the welfare of the resi- dents of the subdivision generally. IV. A. The members of the corporation shall be the lotowners of Machado Acres Subdivision and shall be evidenced by record ownership filed in the Bureau of Conveyances at Honolulu, Hawaii, and also evidenced by a certificate of membership, in a form approved by the Board of Directors. B. Each member shall be entitled to one vote for each lot owned in said subdivision. Multiple ownership of a lot shall be represented by one individual either by operation of law or by agreement of co-owners. C. Membership is transferred by the conveyance or sale, o:.- transfer by inheritance or testament upon the death of the miner, and all rights shall inure to the grantee, vendee, heir or legatee of the lot. D. In the event of foreclosure sale by a mortgagee, or cancellation of Agreement of Sale upon default under an Agree- ment of Sale, membership shall be transferred to the purchaser at said foreclosure sale or sale upon default under Agreement of Sale or seller, upon cancellation of Agreement of Sale. The previous owner shall endorse the transfer of the certificate, -'- bue upon failure to do so, the Secretary may cancel the certi- ficate in the corporate records and issue another certificate in its place. V. The corporation hereby created shall have power to sue and be sued in any courts to make and use a common seal and alter the same at its pleasure; to maintain offices at such place or places within Hilo, County and State of Hawaii or else- where in the United States of American or throughout the world as the Board of Directors may deem necessary or expedient for the purposes of the corporation, provided that the principal office of said corporation shall be in Hilo, in said County; to receive, hold, purchase, lease, sell and convey such real and personal property as may be required for the purposes of the corporation; to borrow money and to mortgage or otherwise hypothecate the property of the corporation to secure any of its debts; to appoint such subordinate officers and employees with such titles and with such powers, duties and functions, as the purposes or objects of the corporation may require and as the Board of Directors may determine, subject to its bylaws; to make, amend and repeal bylaws not inconsistent herewith or with any laws for the management of its property, the admission and classification of its members, the voting of its members in person or by proxy, the payment of entrance fees and dues of members, assessments upon its members, the election, appoint- ment, government and removal of its officers and the regulation of its affairs, and any other matters which may properly be regulated by the bylaws under this charter or the laws of the State of Hawaii; and, in addition, shall have such other powers as shall tc ncecscary, appropriate or incidental to the ca:e:e'_sc r'. bue upon failure to do so, the Secretary may cancel the certi- ficate in the corporate records and issue another certificate in its place. V. The corporation hereby created shall have power to sue and be sued in any courts to make and use a common seal and alter the same at its pleasure; to maintain offices at such place or places within Hilo, County and State of Hawaii or else- where in the United States of American or throughout the world as the Board of Directors may deem necessary or expedient for the purposes of the corporation, provided that the principal office of said corporation shall be in Hilo, in said County; to receive, hold, purchase, lease, sell and convey such real and personal property as may be required for the purposes of the corporation; to borrow money and to mortgage or otherwise hypothecate the property of the corporation to secure any of its debts; to appoint such subordinate officers and employees with such titles and with such powers, duties and functions, as the purposes or objects of the corporation may require and as the Board of Directors may determine, subject to its bylaws; to make, amend and repeal bylaws not inconsistent herewith or with any laws for the management of its property, the admission and classification of its members, the voting of its members in person or by proxy, the payment of entrance fees and dues of members, assessments upon its members, the election, appoint- ment, government and removal of its officers and the regulation of its affairs, and any other matters which may properly be regulated by the bylaws under this charter or the laws of the State of Hawaii; and, in addition, shall have such other powers as shall tc ncecscary, appropriate or incidental to the ca:e:e'_sc of the objects, purposes and powers hereinabove enumerated and !lyeh other powers as shall be expressly given by law to corpor- ations of this character. VI. The corporate powers, business and property of the corporation shall be exercised, conducted and controlled by a Board of Directors, which shall consist of not less than three (3) members which number shall be determined from time to time by the members of the corporation, who shall be elected for a term of one (1) year. VII. The officers of the corporation shall be a President, one or more Vice -Presidents, a Secretary, and a Treasurer. All of such officers shall have such qualifications as shall be pro- vided in this charter and the bylaws. All elective officers shall hold office until their successors are elected and take office, unless sooner removed, and shall be elected annually by the members at large of the corporation in good standing from among the membership. The names and designation of the first officers of said corporation, who shall hold office until the first annual meeting of the members of the corporation to be held after incorporation, unless sooner removed, are as follows: NAMG HIROMU YAMANA" ROY K. NAKAMOTO GEORGE Ii. SAKAMOTO RESIDENCE ADDRESS 109 Terrace Drive Hilo, Hawaii 22 Kaunaloa Street Hilo, Hawaii 140 Kehaulani Street Hilo, Hawaii OFFICE HELD President Vice -President Secretary - Treasurer VIII. The bylaws of the corporation may be adopted, amended or rc^ealcd .`.y vote (in _ oror. or by .ror. •) of not les: than V two-thirds (2/3) o1 the then members of the corporation present at 4 -meeting duly called and held for that purpose in the manner required by law and this charter and the bylaws adopted pursuant thereto. IX. The corporation is not organized for profit and it shall not issue any stock, and no part of its assets, income, or earnings shall be distributed to its members, directors or ot'ficers, except for services actually rendered to the corpor- ation. Upon the winding up and dissolution of this corporation, after paying or adequately providing providing for the debts and obligations of the corporation, the remaining assets shall be distributed to a non-profit fund, foundation or corporation, which is exempt from Federal Income Tax. X. The property of the corporation shall alone be liable for the payment of its debts and liabilities, and no member of the corporation shall be liable for any of such debts and liabi- lities beyond the unpaid amounts, if any, which may be owing from such member to the corporation for any fees, dues or assess- ments theretofore validly levied or assessed against such member pursuant to this charter and the bylaws of the corporation. XI. This charter and the corporation hereby created shall be subject to all existing laws and to all laws, whether amend - story, repealing or otherwise, that may hereafter be enacted and applicable to charters and corporations of this character. XII. This charter may be amended or new bylaws adopted at any time, subject to the approval of the Director of Regulatory Agencies of said* State and compliance with the provisions of law applicable in such cases, by vote of not less than two-thirds -5- (2/3) of the members present (in person or by proxy), at a meeting duly called and held for that purpose in the manner required by law and this charter and the bylaws enacted pur- suant thereto. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of my office to be hereunto affixed this 15th day of nPnAm er , 1971 DIRECTOR'OFr REGULATORY AGENCIES STATE OF HAWAII rat n and Seour� administrator STATE OF HAWAII DEPARTMENT OF REGULATORY AGENCIES Honolulu I, the undersigned Director of Regulatory Agencies of the State of Hawaii, hereby certify that the attached is a true and exact copy of: AMENDMENT TO BYLAWS of MACHADO ACRES, ASSOCIATION filed in this Department on March 30, 1978. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Department of Regulatory Agencies, at Honolulu, this 11th day of April, 1978 Director f Regulatory Agencies By Ac ing corporation and S.cwitia Adminiurntar AMENDMENT TO BYLAWS OF MACHADO ACRES, ASSOCIATION The Bylaws of Machado Acres, Association dated February 27, 1978 , shall be amended to read as follows: Article V, Paragraph 1. The officers of the corporation shall consist of a President, one or more Vice -Presidents, a Secretary, a Treasurer and any other officers as may from time to time be designated by the Board of Directors. The officers shall be elected by the members of the corporation at their annual meeting or at any special meeting called for that purpose. Article VI, Amendments. Any of these Bylaws may be amended the two-thirds (2/3) vote of the members present at any annual meeting or at any special meeting called for the purposes; provided, however, Article II being provisions herein relating to assessments shall not be amended except by a two-thirds (2/3) majority vote of the entire membership at any such meeting. I, KAY IiARA, Secretary of Machado Acres, Association hereby attest that the Amendment to Bylaws of Machado Acres, Association was duly adopted at a membership meeting held on February 27, 1978. SEC ARR