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Home My WebLink AboutCOM 0728.000 2010-2012 William T.Takaba William P.Kenoi Mayor •CRl��"��:• Managing Director •;f �,w:�.� Wally Lau Deputy Managing Director County of Hawai`i 25 Aupuni Street • Hilo,Hawai`i 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Highway • Kailua-Kona,Hawaii 96740 (808)323-4444 • Fax(808)326-5663 May 16, 2012 Honorable Dominic Yagong, Chairman '' D and Members of the County Council County of Hawaii 25 Aupuni Street ;-j Hilo, HI 96720 Dear Chairman Yagong and Members: IA/ /Change of Zone Application (REZ 12-000151) Applicant: Joseph Okuna Request: A-3a to FA-la Tax Map Key: 2-4-004:072 Change of Zone Application(REZ 12-000152) Applicant: Boyd F. Castro, D.V.M. Request: RS-10 to MCX-20 Tax Map Key: 2-2-035:003 As required by Chapter 7, Sec. 6-7.5 (a), Hawai`i County Charter, transmitted herewith for the County Council's consideration and action are the Windward Planning Commission's letters and enclosures regarding the above-referenced request. Sincerely, William P. Kenoi Mayor Enclosures cc: Planning Department C 61 11 2 O Hawai 7 County is an Equal Opportunity Provider and Employer —7 czs Comm. No. Ref. To: PC_ E( r ate_MAY 2 2 2012 Comm. 728/Bill 258 ..OJ�SY OF p1... County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720 Phone(808)961-8288 • Fax(808)961-8742 'f1AY 1 6 2012t The Honorable Dominic Yagong, Chairman and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yagong and Council Members: Change of Zone Application(REZ 12-000151) Applicant: Joseph Okuna Request: A-3a to FA-la Tax Map Key: 2-4-004:072 The Windward Planning Commission, at its duly held public hearing on May 3, 2012, recommended for your approval the proposed legislative bill for a Change of Zone from an Agricultural 3-acre (A-3a) to a Family Agricultural 1-acre(FA-1a)zoning district for 2.96 acres of land. The property is located along the west side of Laula Road, approximately 2,260 feet south of the Haihai Street—Laula Road intersection, Waiakea, South Hilo, Hawai`i. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicant is requesting the change of zone in order to subdivide the 2.96-acre property into 2 lots and distribute one lot to the applicant and one lot to the applicant's sister for estate planning purposes. There are two existing single-family dwellings and accessory buildings on the property. These would be incorporated into the subdivision design allowing a single family dwelling to be located on each lot. Hawai`i County is an Equal Opportunity Provider and Employer The Honorable Dominic Yagong, Chairman and Members of the County Council Page 2 The change of zone request from A-3a to FA-la will conform to, among others, the Land Use element and Land Use Pattern Allocation Guide (LUPAG) Map of the General Plan. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The Land Use- Agriculture element of the plan seeks to protect and maintain important agricultural lands from urban encroachment. However, the subject property is not classified as important agricultural land and has not been in agricultural use but in residential use for over thirty years. In fact the LUPAG Map, which establishes the basic urban and non-urban form for areas within the County designates the subject property as Low Density Urban which allows for residential uses with an overall density of up to six units per acre, ancillary community and public uses, and neighborhood and convenience-type commercial uses. According to the Zoning Code, the purpose of the Family Agricultural district is to provide for a blend of small-scale agricultural operations associated with residential activities which may be characterized by farm estates, small acreage farms, or subsistence lots in areas where public services and infrastructure are appropriate to support the very low density residential needs of the community and where a substantial number of surrounding parcels are less than five acres in size. Surrounding properties are similarly zoned A-3a and consist of agricultural uses, scattered dwellings and vacant lots. Further north along Laula Road are properties zoned A-la and RS-15. A substantial number of surrounding parcels are less than five acres in size, especially to the north of the subject property. A change of zone to the FA district classification would be appropriate in this area and the request is consistent with the General Plan as it will not diminish the potential for future agricultural uses on the property and will remain consistent with the LUPAG designation for this area. All essential utilities and services are available to the site. Access to the property is from Laula Road, which is a paved County roadway with a right-of-way width of 50 feet. There is a 20-foot wide pavement with 2 to 4-foot wide grassed shoulders up to about 200 feet from the subject property. Beyond that point and fronting the subject property, the pavement narrows to approximately 10 feet with 2 to 4-foot wide shoulders. The City of Hilo Zone Map designates Laula Road as a collector road with a 60-foot The Honorable Dominic Yagong, Chairman and Members of the County Council Page 3 right-of-way width. Additionally, the City of Hilo Zone Map identifies that the proposed extension of Iwalani Street will affect the rear of the subject property. Iwalani Street is designated as a secondary arterial road with an 80-foot right-of-way width. Based on the requirements of the City of Hilo Zone Map, a condition of approval will require the applicant provide a 5-foot wide future road widening strip along Laula Road and a 40- foot wide future road widening strip along the rear property line for the proposed Iwalani Street Extension. The condition will require the applicant to identify the future road widening setbacks on the final subdivision map and to subdivide and dedicate the future road widening strips to the County of Hawai`i at no cost upon the request of the Department of Public Works. A change of zone as proposed would typically require that support facilities meet the minimum standards as prescribed by the Zoning Code. In the case of Laula Road, the Zoning Code identifies this primary access as a collector roadway with a minimum right of way width of 60 feet with a pavement width between 20 to 24 feet. However, in this particular situation, the proposed change of zone would not increase the number of single family residential units on the affected property and would therefore not increase demands upon existing public facilities, including roads. Laula Road, in its existing condition, has supported the residential use of the property for all of these years and this will not change as a result of this change of zone, should it be approved. Therefore, no improvements to Laula Road is recommended aside from providing future road widening along the frontage of the property in anticipation that Laula Road could be widened to local street standards that match the existing right-of-way width of 50 feet for most of Laula Road, as well as a 40-foot future road widening along the rear of the property for the proposed Iwalani Street extension, both of which must be dedicated at no cost to the County when such a demand is made. County water is available to the existing two dwellings but the applicant will be required by the Department of Water Supply to construct off-site and on-site water system improvements prior to Final Subdivision Approval. As there is no municipal sewer system in the area, wastewater is currently disposed of into existing cesspools. Solid waste is currently disposed of at an authorized landfill in Hilo. Electrical and telephone services are available to the site. Police services are located about 4 miles away in downtown Hilo and fire services area located within 2 miles of the property on Kawailani Street. Medical services are available in Hilo. To limit the cumulative impact of the proposed subdivision on area infrastructure, a condition of approval will prohibit a second dwelling and condominium property regime on each lot. The Honorable Dominic Yagong, Chairman and Members of the County Council Page 4 The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management Area. The subject property is located over four miles from the shoreline and is not in the Special Management Area. Thus, the property will not be affected by coastal hazards and beach erosion. There are no identified recreational resources,public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources on the subject property. In view of the Hawai`i State Supreme Court's "PASH"and"Ka Pa'akai 0 Ka'Aina"decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: • Investigation of valued resources: No formal archaeological reconnaissance survey, oral history of kama`aina accounts of the area, historical survey of documentary records, or botanical study was included in the application. • The valued cultural, historical, and natural resources found in the rezoning area: The property has been previously graded and has been in residential use for over 30 years. As such, it is anticipated that no historic properties will be affected. A condition of the change of zone will require that the applicant cease work and notify the SHPD should any unanticipated archaeological features or sites be uncovered during the course of development. • Possible adverse effect or impairment of valued resources: Native plants may be destroyed by ground alteration. There is no evidence that the flora in the area are particularly desired or used for cultural practices. • Feasible actions to protect native Hawaiian rights: As stated by the applicant, no gathering is taking place on the site. Thus,to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. Based on the above findings, the approval of the Change of Zone request from an Agricultural(A-3a)to a Family Agricultural (FA-la)zoned district would result in an appropriate land use pattern that will further benefit the public. For your favorable consideration, an amendment to Section 25-8-33 (City of Hilo Zone Map) of Chapter 25, Zoning Code, of the Hawai`i County Code is transmitted. The Honorable Dominic Yagong, Chairman and Members of the County Council Page 5 We are enclosing copies of the staff Background, Planning Director's Recommendation, and the Powerpoint presentation for your information. Sincerely, Zendo Kern, Chairman Windward Planning Commission Lokuna02wpc Enclosures cc: Mr. Sidney Fuke Mr. Joseph Okuna Department of Public Works Department of Water Supply Department of Land &Natural Resources-HPD Amy Self, Esq., Corporation Counsel Comm. 728/Bill 258 BOkuna-REZ12-151.jwd 04-04-12 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT JOSEPH OKUNA CHANGE OF ZONE APPLICATION (REZ 12-000151) JOSEPH OKUNA has submitted an application for a Change of Zone from an Agricultural 3-acre (A-3a)to a Family Agricultural 1-acre(FA-1a) zoned district for 2.96 acres of land. The property is located along the west side of Laula Road, approximately 2,260 feet south of the Haihai Street—Laula Road intersection, Waiakea, South Hilo, Hawai`i, TMK: 2-4-004:072. PROPOSED ACTION 1. Request: The applicant is requesting a change of zone from Agricultural 3-acre(A-3a) to a Family Agricultural 1-acre(FA-1a) for 2.96 acres of land. 2. Reason for Request: The applicant is requesting the change of zone in order to subdivide the property into 2 lots and distribute one lot to the applicant and one lot to the applicant's sister for estate planning purposes. There are two existing single-family dwellings and accessory buildings on the property. These would be incorporated into the subdivision design allowing a single family dwelling to be located on each lot. Upon approval of the change of zone, the applicant intends to begin the subdivision process and complete tentative plans by mid-2013. (Planning Department Exhibit 1 - Change of Zone Application) 3. Landowners: The landowners of the property are Joseph and Joyce Okuna, and Toshio and May Takushi. STATE AND COUNTY PLANS 4. State Land Use Designation: Agricultural. 5. County Zoning: Agricultural-3 acres (A-3 a). 6. GP LUPAG Map: Low Density Urban. 7. Hilo Community Development Plan (CDP): The Hilo Community Development Plan adopted by Planning Commission Resolution No. 1 on May 21, 1975 identifies the area as A-la and an area for alternate residential expansion. DESCRIPTION OF SUBJECT PROPERTIES AND SURROUNDING AREA 8. Subject Property: The subject property is rectangular in shape and is 2.96 acres in size. There are several structures on the property including two dwellings, a warehouse and an attached garage. 9. Surrounding Zoning/Land Uses: Surrounding properties are similarly zoned A-3a and consist of agricultural uses, scattered dwellings and vacant lots. Further north are properties zoned A-la and RS-15. 10. ALISH: Unclassified. 11. Land Study Bureau's Detailed Land Classification System: "C"or"Fair". 12. U.S. Soil Survey: Olaa extremely stony silty clay loam, 0 to 20 percent slopes (OID). Permeability is rapid, runoff is slow, and the erosion hazard is slight. This soil type was used for sugarcane. 13. FIRM: Zone "X", an area determined to be outside the 500-year flood plain and a portion is designated as Flood Zone AH, which is the Special Flood Hazard Area inundated by the 100-year flood where flood depths are 1 to 3 feet (usually areas of ponding). 14. Flora/Fauna Resources: No professional surveys were conducted of the site as the property has been previously graded and has been in residential use for over 30 years. There are citrus and macadamia nut trees on the property as well as the invasive gunpowder and strawberry guava trees. According to the applicant, they do not believe that any rare or endangered floral or faunal resources are likely to be found within or proximate to the site. 15. Historical/Cultural/Archaeological Resources: The property has been previously graded and has been in residential use for over 30 years. It is unlikely that there are any historical, cultural or archaeological resources on the property. There is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of any known valued cultural,historical or native resources in the area. However, in the unlikely event that legitimate gathering claims are made by Native Hawaiians, the applicant will honor and respect such claims and provide the needed access within the property. -2- 16. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the properties. PUBLIC UTILITIES AND SERVICES 17. Access: Access to the property is from Laula Road, which is a paved County roadway with a right-of-way width of 50 feet in front of the subject property. There is a 20-foot wide pavement with 2 to 4-foot wide grassed shoulders up to about 200 feet from the subject property. Beyond that point and fronting the subject property, the pavement narrows to approximately 10 feet with 2 to 4-foot wide shoulders. The City of Hilo Zone Map designates Laula Road as a collector road with a 60-foot right-of-way width. Additionally, the City of Hilo Zone Map identifies that the proposed extension of Iwalani Street will affect the rear of the subject property. Iwalani Street is designated as a secondary arterial road with an 80-foot right-of-way width. 18. Water: According to the applicant, County water is available to each of the two dwellings. A letter dated April 13, 2012 from the Department of Water Supply confirms that County water is available but that off-site and on-site water system improvements will be required prior to Final Subdivision Approval. 19. Wastewater System: There is no municipal sewer system available in the area. Wastewater will be disposed of through existing cesspools 20. Solid Waste: Solid waste will be disposed of at an authorized landfill in Hilo. 21. Essential Utilities and Services: Electrical and telephone services are available to the property. Police services are located in downtown Hilo, about 4 miles from the property. Fire services are located within 2 miles on Kawailani Drive. Medical services are available in Hilo. AGENCIES' AND ORGANIZATIONS' COMMENTS 22. Department of Public Works: (Planning Department Exhibit 2—March 28, 2012 Memo) 23. Department of Water Supply: (Planning Department Exhibit 3—April 13, 2012 Memo) 24. Department of Environmental Management: (Planning Department Exhibit 4— March 8,2012 Memos) 25. Police Department: (Planning Department Exhibit 5—March 21, 2012 Memo) -3- 26. Fire Department: (Planning Department Exhibit 6—March 9, 2012 Memo) 27. Department of Land and Natural Resources-Land Division: (Planning Department Exhibit 7—April 2, 2012 Letter) 28. Department of Health: (Planning Department Exhibit 8—March 23, 2012 Memo) AGENCIES -NO RESPONSE 29. State Land Use Commission and Office of Planning. APPLICANT'S RESPONSE TO AGENCY COMMENTS 30. The applicant has submitted a letter dated April 4, 2012 responding to agency comments. (Planning Department Exhibit 9 —Letter Dated April 4, 2012 from Applicant) PUBLIC COMMENTS 31. As of the date of this writing, the Planning Department has not received any objections from the general public or adjacent landowners on the subject application. • -4- APPLICATION FOR COUNTY REZONING (A-3a to FA-1a) JOSEPH OKUNA WAIAKEA HOMESTEADS, 1ST SERIES WAIAKEA, SOUTH HILO, HAWAI'I TMK: (3) 2-4-04: 072 Prepared For: Joseph Okuna Prepared By: Sidney M. Fuke, Planning Consultant February 2012 Planning Dept. Exhibit, I CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Joseph Okuna APPLICANT'S SIGNATURE: DATE: 2/12/2012 ADDRESS: 228 Laula Road Hilo,HI 96720 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (Res.) 981-2309 ,.-� (Fax) LANDOWNER(S): Joseph Okuna; Joyce Okuna; May Takashi 7 �2�� i �� ' - �✓ LANDOWNER SIGNATURE(S): "d-� 42.6a., DATE?/12/2012 (May be by letter) LANDOWNER(S)ADDRESS: 228 Laula Road Hilo, HI 96720 REQUEST: A-3a- TO FA-la (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) 2-4-04: 72 STREET ADDRESS OF PROPERTY: 228 Laula Road Hilo, HI 96720 SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 3.0 acres AGENT: Sidney M. Fuke, Planning Consultant ADDRESS: 100 Pauahi Street, Suite 212 Hilo HI 96720 TELEPHONE:(Bus.) 969-1522 (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Sidney Fuke COPIES: Joseph Okuna ATTACHMENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? Yes 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? All b. Into what lot sizes? 1+acres c. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? lmonth d. Do you intend to build houses on the newly created lots? No If yes,. please answer the following questions: On how many of those lots? At what approximate price range? House Lot Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? No b. Sell or lease the land to someone who has tentative plans? No c . Sell or lease the land to someone who has no plans? No d. Keep it? Yes e. P. D. 2 5/84 1 . If you intend to do either a, b, c, please elaborate on the kind of plans the other party has. Please, also , include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? Yes How? By providing land for family member,it eliminates need for a lot in the open market. 4. Are there any buildings on the subject area? Yes If so, what kind? 2 residences What do you intend to do with those buildings if your request is approved? Continue their residential use 5. Is the subject land currently being used for any agricultural activity? No If so, please list the kinds of products grown and on how many square feet or acres of land per product. 6. Was your request to allow for the creation of smaller agricultural lots? No If so, did your plan include the following considerations? a. Commodity to be produced? What kinds of commodity? b. Suitability of the proposed lot-size for that commodity? C . Sufficient farm size to allow reasonable chance of success in commercial agriculture? -2- d . Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? Please state the proposed type of arrangement. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. 7. To your knowledge, has there been any flooding and/or drainage problem on the subject area? Yes If so, please describe the problem. Please refer to planning and environmental report for this request. 8. Do you think that the roads leading to the subject area needs improvements? No If so, what kind? Please refer to planning and environmental report for this request. Is the road adequate for the proposed traffic volume or load? Yes 9. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools X b. Roads X c. Sewer X d. Drainage X -3- Yes No e . Police Protection X f . Fire Protection X X 9 Recreational Facilities X h . Public Utilities X Other For those checked "yes", please elaborate what type or kinds of improvements and/or assistance are needed. Signature: Address: �2�j �('7 E4 Telephone: df Date: 974 -4- COUNTY ENVIRONMENTAL REPORT COUNTY REZONING REQUEST (A-3a to FA-1a) JOSEPH OKUNA WAIAKEA HOMESTEADS, 1ST SERIES WAIAKEA, SOUTH HILO, HAWAII TAX MAP KEY: (3) 2-4-04: 072 I. INTRODUCTION The applicant, Joseph Okuna, is requesting the rezoning of a 3-acre parcel from Agriculture (A-3a) to Family-Agriculture (FA-1). The subject parcel is located on Laula Road, approximately a % mile south or Ka'u side of the Hilo Municipal Golf Course in Waiakea Homesteads, 1st Series, Waiakea South Hilo, Hawaii. (Figures 1 and 2). The subject site is jointly owned by the applicant's sister (Mrs. May Takushi) and the applicant and his wife. If approved, the applicant intends to subdivide the 3-acre parcel into two (2) lots, consisting of 1.865 acres and 1.095 acres. The proposed lots would correspond to the two existing dwellings on the subject property, one of which is occupied by the applicant. The applicant intends to retain the larger lot, while the smaller lot would be conveyed to his sister. . II. PROJECT LOCATION The subject property is located on the west or mauka side of Laula Road, approximately 1/2 mile south of Haihai Street. The Hilo Municipal Golf Course and the AJA community center are located at the intersection of Laula Road and Haihai Street. III. PROJECT DESCRIPTION A. Project Concept and Components As noted earlier, the subject property is jointly owned by the applicant's sister and the applicant and his wife. The applicant and his wife currently reside in the dwelling located on the mauka or western end of the property. 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SCALE t t.w.500 ft - 7. t ---'---' -- ''''''''''''' ---,---"-- • Figure 2 • iiftftiTM.....„ • For estate planning purposes, the applicant and his sister wish to have the subject property subdivided into two lots so that each family member could have title to their respective dwelling and corresponding land area. The proposed lots would be 1.865 acres and 1.095 acres. Access to the applicant's dwelling would be provided via an existing 10-foot wide paved road within a proposed 15-foot wide access and utility easement over the proposed front lot. (Figure 3) It is understood that the subdivision plan submitted herein may be adjusted prior to receipt of final subdivision approval to accommodate County subdivision requirements and appropriate conditions of approval. B. Project Timetable and Cost The applicant hopes to secure County rezoning approval as soon as possible and begin the subdivision process immediately thereafter. Tentative plans call for having the land subdivided by mid-2013. The estimated cost of improvements for this project should be negligible, as the applicant believes that the existing access and water line improvements should be sufficient. As such, the applicant anticipates the cost to be principally"soft costs" and some minor road improvements, resulting in a cost of less than $25,000. IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The subject area is designated Agriculture. Based on the size of the requested area, no State Land Use Commission action is required. The County of Hawaii can process the rezoning request. B. County General Plan The County General Plan Land Use Pattern Allocation Guide (LUPAG) map was not intended to be specifically measurable but intended to serve as a general land use guide. Because of the broad- brush nature of the map, the designations of subject site appear to be Low Density Urban Development and Extensive Agriculture. 2 The Low Density Urban Development designation allows consideration for uses that are single-family residential in character with a maximum density of six units per acre; ancillary community and public uses; and convenience type of commercial uses. Extensive Agriculture refers to "Lands not classified as Important Agricultural Land." It also includes lands "that area not capable of producing sustained, high agricultural yields without the intensive application of modern farming methods and technologies due to certain physical constraints such as soil composition, slope, machine tillabilty and climate." The proposed 2-lot family-agricultural subdivision would be consistent with those.designations. As such, no General Plan amendment would be required to effectuate this project. C. Hilo Community Development Plan The Community Development Plan (CDP) attempts to further define the General Plan and serves as a guide for decision-makers. It was adopted by the Planning Commission in 1975, over 25 years ago. Although reviewed by the County Council, the CDP was never adopted. The CDP's Land Use Concept map identifies an A-1 designation for this area. This designation suggests agricultural/residential uses at an average of 1 dwelling per acre. The requested zoning would thus be consistent with this document. D. County Zoning The County zoning of the subject property is Agriculture (A-3a). Although there are a few A-3a zoned properties in this vicinity, the predominant zoning designation in this area is Single-family Residential (RS-15), although there are some areas zoned Agriculture (A-1a). If approved, the site would be subdivided in a manner meeting with both the Zoning and Subdivision Codes. It should be noted, however, that there is a possibility that through the subdivision process, there may be potential setback and road improvement issues. In that event, the applicant may need to apply for variance(s) from those requirements. Nevertheless, all future land uses of the site would be consistent with the requested FA-la zone. 3 0 L ^ U I A IP D LAULA ROAD IX I- 0 O NN //,\ L III ��\ �\ Q 0 `' 155.00 Z OQ Q 355'40'00° -• Y p w - 711-A • • PALUA LOOP PO° QI-� f c " rc �Ly<S U= cC O cL 11 ^°° AKEA Z��-J cL 0< >x� Im �a `>>°s Q Y N 0 0 I�at Z PALUA LOOP W J D o N O U Q Q j Q Q N m ¢ oao N HOKUPAA .-J ›- vi a�-x 0 r L. rw , 1:• I ww a -1-i, a � O w i- Z O o I ¢U 0 ALOHA Y z F oo NpZNO Q K Z 72 I ¢ -(6 0 O IV I ZQ} F. --- wok 6 w w w ip j.j w \1 0- ¢ �' Z Z (n I-Q c•,1 0 a00 1 ` a p N O N WJCC 'IR ro i Q 28.60 _ J to I In I i c1 a t'7Wp I C0~ �ES o f v° 1 W N n L-_J m r n r F ' W O In ri. O W " i.::i: 175.00' r;csi N (n 355'40'00"— p 3 Wf� w 1I ;!.ii ›,p O up Q in - 7 M I WAREHOUSE - I _ W o rWn Q N W o 0 O ��lllf V J rr) Q Li) = Z O. m O i O Q Q O I I Q • � I O I Q Q ,,1 -1 ¢ W o V-) W d- { I (0 fx ° 0 < I d u 1.:I I o a m Q O N a —— —J <� < N n� D -1,---- O rD N 02 8 W O QO O ROOF EAVES w w Q r (n - � x Q Q O a c0 LLI O I— j I ` = J o J a D D _ 1 (I)i,zi ¢ D O LI- O N OON----- 0\-- °° w W _ I rym D 175'40'004 b L-LJ N > 7 U D 5 RR Q 1— 0, a I— LOT 3—B-1 v n d F' hJ._ y r i IRA O k c . g 0 o�mo </4.1,,• .. E d a oa .M �5mw 1.. //' i O ¢ 7 r ET, -'2 0'b ° 3 _, WSJ if Y , 4;22 F-+x� 0 30 E = od • z0-u 1--•• o 0 KO). o 1d 09 = Ni' l 311/05 7, '.� "`"°"3°e` Figure 3 E. Relationship to SMA Objectives and Policies The site is not located within the County Special Management Area (SMA). As such, no SMA Use Permit would be required. However, as the entire island falls within the State Coastal Zone Management (CZM)Area, some discussion of the request's relationship to the CZM Program follows. The site is not adjacent to the ocean. It is more than three (3) miles from the shoreline. As such, the proposed action should not have any adverse impacts on the area's coastal recreational and marine resources nor have any impacts on beach protection. The likelihood of this improvement having any impacts to the area's historic resources is not high. The site was previously bulldozed by the landowner and/or its predecessor in interest and has been used residentially for over 20 years. In the event any archaeological features are found during any earth disturbance activity, work will stop within the affected area and appropriate clearances from the State DLNR-HPD and County Planning Department will be secured before work resumes. If needed, an archaeological monitoring program can be instituted as well during any land clearing activity. The proposed action will not involve the construction of improvements in a non-urban setting. Accordingly, the potential visual impact to the area's scenic and open space resources should be negligible, as all required improvements already exist. Relative to the Coastal Ecosystems, impacts should be negligible, if at all, as the site is located well over three (3) miles from the ocean. Notwithstanding the distance, the nature of the project—family agricultural —and the retention of the two dwellings with their existing private wastewater systems are such that potential coastal ecosystem impacts would usually not be found. The proposed action will not necessarily and/or directly result in further economic use, as the intent of this action is merely to subdivide the property so that each owner can retain possession of their dwelling. The potential economic use could come only in the form of one or both of the future landowners using the land for more agricultural purposes. Because of its distance from the shoreline, the site should not be subject to coastal hazards. 4 Relative to the managing development objective, this function is more applicable to the "authority" or approving agencies. However, it is noted that the request would operate and be constructed within the scope of the Zoning Code. In that regard, the project would be consistent with this policy. Finally, in terms of the public participation objective, this is generally a public agency function. This is achieved through the Marine and Coastal Zone Management Advisory Group (MACZMAG) and the public hearing process required pursuant to the Planning Commission's Rules and County Council's meetings on this application. Notices of this application will be sent by the applicant to surrounding property owners of the submittal of the application, and again, prior to the public hearing. Based on the foregoing, it is concluded that the requested improvements would be consistent with the objectives, policies and guidelines of the Coastal Zone Management Policies, as outlined in Chapter 205-A-23, HRS and Planning Commission Rule No. 9 relating to Special Management Area. F. Other Permitting Requirements As noted earlier, because the dwellings already exist and are already serviced with water and access, building and land improvement permits may not be required. Nevertheless, should improvements be required, appropriate permits will be secured by the applicant. V. ENVIRONMENTAL CONSIDERATIONS A. General Description The subject site is a rectangular shaped parcel. The site includes two single-family dwellings, a warehouse for the applicant's equipment, and a detached carport. Approximately 1/2 of the site is undeveloped due to a floodway that meanders at the southern end of the site. The site is located approximately at the 350-foot elevation level. According to the State Commission on Water Resource Management, the closest rain gauge in this area is the Hilo Airport. The annual median rainfall for this area is approximately 131 inches. The average daily temperature ranges from a minimum of 61 degrees to 79 degrees Fahrenheit. Wind patterns are generally easterly during the day and westerly during the evenings. 5 B. Soils and Topography The topography of the site slopes slightly in a mauka (west) to makai (east) direction. There is a gradual 6 to 8 percent slope. The Land Study Bureau Overall Master Productivity Rating for the subject site is generally "C" or fair (C177 and C178) for agricultural productivity. The "C" classification suggests that the site has fair productivity for agricultural crops. It is of the Olaa series, with deep/moderately deep soil, and moderately fine soil texture. The color is dark gray, and the parent material is volcanic ash. This type of soil is well drained but moist, and because it is generally stony, poorly suited for machine tillability. The State of Hawaii's Agricultural Lands Of Importance to the State of Hawaii (ALISH) maps classify this site as being "Other Agricultural Land". C. Natural Hazards 1. Drainage The US Corps of Engineers' Flood Insurance Rate Map (FIRM) designates the project site to be located in Zone X, areas outside the 500-year flood plain and Zone AE, areas within the 100-year flood zone where the base flood elevation has been determined. (Figure 4) The dwellings and associated improvements, including the existing driveway and utility lines, are located within the Zone X. The area within the Zone AE is pretty much undeveloped. No new improvements are being contemplated. However, should there be, pursuant to County drainage requirements, appropriate drywell and/or similar means to capture runoff from the newly constructed improvements will be built, if necessary, in conjunction with the subdivision and/or building permit approval processes. 2. Tsunami Hazard As the site is located over 3 miles from the ocean, it is located outside of the Civil Defense's Tsunami Evacuation Zone. 6 1 a Hawaii- National Flood Insurance Program - Hazard Assessment Tool Zoom In Zoom Out Pan Measure Full View Last View Select Parcel LOMC Report Datasheet 1111-i Ma Mil i glimme.=1,17, 611 iiimilli1111 UMW 161 '''IN Illhi, .:,"Y1 ha t 4 1** • zsi... 240P‘ipat ill I IL ,. .c.." r,__ 'YJH.,.•.. fC . 11 Y •�i lF ,, f vi 3 ,�/ l*• r % Y s ,, 'WI,-.404.Z.f'''' ts lu,,•7.:::,!,77;0.2:44;",.......;,.. •• �giic '�, -.5,-.,,4v ,4 "� s••s n"...u " ,-i` ~. ;tr.J. +;''Aw ,.%,-,--,1 ' Ft's ..7 CI' -4 41gikek lb (2) •.....,.. PA;7-,, ",„...;ek.,":* County: HAWAII TMK: (3)2-4-004-072 Address:22; LAULA ROAD LOMC: NONE SUBJECT PARCEL (228 Laula Road) ©2011 Hawaii-NFIP. All Rights Reserved. Best Viewed: IE 8.0 and higher; 1024 x 768 screen resolution. Figure 4 1 3. Volcanic and Earthquake Hazards According to the United States Geological Survey maps, the project site is located within Lava Flow Hazard Zone 3, on a scale of ascending risks 9 to 1. The entire City of Hilo falls in the Zone 3 category. The entire island of Hawaii falls within Earthquake Zone 4, according to the County Building Code. As such, certain structural requirements will be needed for any new construction. Again, should there be new improvements done, the seismic hazard requirement will be observed. D. Flora/Fauna No professional flora or fauna study was conducted of the project site. Due to the developed state of the project site and its immediate surroundings, the applicant does not believe that rare or endangered floral or faunal resources are likely to be found within or proximate to the site. The project site has been in residential use for more than 30 years. During this period, with the exception of the floodway area, the site has been cleared and used as a typical residence. A visual inspection of the site revealed the presence of introduced species like citrus and macadamia nut trees, as well as the invasive gunpowder and strawberry guava trees. The long-term residential use and established urban qualities in the project area make it poorly suited as a habitat for any listed or candidate for endangered plant species. Thus, floral impacts should be minimal. Fauna observed within the subject and immediate surrounding area include the Japanese White-Eye, Yellow-Billed Cardinal, Zebra Dove, Common Myna, House Sparrow, and House Finch. Domestic mammals such as cats and dogs and other animals such as mongoose and feral cats are common to the area. None of the species are rare or endangered. Due to the surrounding established urban uses, it is highly unlikely that the site would serve as a habitat for rare or endangered animal species. The site or general area is not known to be a habitat for any rare or endangered animal life. Given its elevation, however, it may be possible to find the Hawaiian Hawk /'o) and the Hawaiian Owl (Pueo) 7 soaring this area. However, given the disturbed and urban nature of the surrounding areas, it is quite unlikely that one would find this area to be a habitat for endangered bird or animal life. E. Historic/Cultural/Archaeoloqical Resources As the site has been cleared and used as residences for over 30 years, no commissioned archaeological survey of the site was made. This type of residential use would make it less likely to find any archaeological features on the site. Nonetheless, during the course of further improving the site, should any unanticipated archaeological features or sites be uncovered, work will cease and the applicant will immediately notify the Planning Department and State DLNR and secure their clearances before proceeding further. G. Valued Cultural Resources In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai 0 Ka'Aina decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated tradition and customary practices of this site. In this situation, the subject site is not adjacent and/or proximate to the shoreline. As such, gathering of marine life and coastal access is not an issue. It is not known whether the subject or immediate surrounding area was used in the recent past for the gathering of plants by native Hawaiians. Neither the applicant nor her sister has noticed any native Hawaiians on the site or adjoining properties gathering plants. Thus, it would appear unlikely that the site would serve such purpose today. In the event legitimate gathering claims are made by native Hawaiians, the applicant intends to respect and honor such claims and provide the needed access within the site. Based on the above, it does not appear that the project would have any potential adverse impact relative to the cultural and historical resources of the area. 8 H. Water and Coastal Resources The subject site is located well over three (3) miles from the coastline. As such, coastal impacts resulting from discharge of the existing wastewater systems from the site should not be significant. Further, being a non-coastal property, no coastal access will be affected. Noise, Air Quality, and Dust As the site is proximate to Haihai Street, a major street in this area, the ambient noise level relative to traffic is a little higher. Nonetheless, the site is located at least 1/2 mile from Haihai Street and will not add to the noise. The site already has two dwellings and no new dwellings are being proposed by this rezoning action. There will also not be any short-term noise impacts as no new construction and/or infrastructure improvements are being contemplated and/or necessary by this action. In the event there are, contractors will be required to comply with appropriate noise and related mitigation measures of the State Department of Health. The proposed development should not generate any direct air quality impacts. The only discernible air quality impact could be associated with the vehicular traffic to and from the site. But there will be no new additional traffic generation, as no new dwellings are being considered. The air quality impact should thus not be significant, if at all from what exists today. J. Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there are sites or areas listed as being a scenic resource. The subject site is not listed as a scenic site. However, there were a few examples cited in the Hilo area. The most notable is the backdrop of the Mauna Loa and Mauna Kea mountains. The proposed rezoning and subdivision would not have any visual impacts on these mountains and other listed scenic resources in the area. The site is not situated in an area where it would impede any public views of these mountains. Furthermore, the project is a residential one, where the heights of structures would be generally less than 30 feet and not pronounced. Finally, the structures already exist, resulting in no further visual compromising — it at all — of those views. 9 VI. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses The land use in this area is generally rural/residential in nature. There are single-family residences dotting both sides of Laula Road leading to the subject site. Beyond the subject property, however, there are larger lots commensurate with the A-3a zoning. The Hilo Municipal Golf Course and AJA community center are located about 1/2 mile at the intersection of Laula Road and Haihai Street. There is a large, vacant State-owned parcel used for cattle grazing on the southwest side of the Laula Road/Haihai Street intersection. Given the existing and zoned conditions, the proposed 2-lot subdivision would not be incongruous with the emerging residential pattern with some rural-sized lots of this area. B. Economic Impacts The requested zoning would not have any significant economic impact, as it is primarily a family-subdivision with dwellings already on each of the proposed lots. Nevertheless, given the flexibility of land ownership afforded by the subdivided lots, there is a potential — in spite of the floodway that goes through the subject site - which a new owner may care to utilize the site for more intensive agricultural pursuits. C. Agricultural Impacts As noted earlier, the site and surrounding area have not been intensively used for agriculture in the recent past. Given its soil classification of"C", there still.remains a potential of more intensive agricultural activity. Thus, the creation of 2 lots should not diminish the site's agricultural potential. It may actually enhance it. The site would be more manageable from a size standpoint (1+ acre versus 3+ acres). The applicant's proposal could thus help foster, albeit in a small way, the agricultural objectives by making a good-sized agricultural lot available to the applicant and his sister. 10 VII. INFRASTRUCTURE CONSIDERATIONS A. Road Access to the project would be from the County-owned and maintained Laula Road. Laula Road has a right-of-way of 40 feet for the first 500 feet, which then increases to 50 feet up to and beyond the subject property. There is a 20-foot wide pavement with 2-4 foot wide grassed shoulders up to around 200 feet from the subject property. Beyond that point and fronting the subject property, the pavement narrows to approximately 10 feet with 2-4 foot wide shoulders. Relative to access for the proposed 2-lot subdivision, there is an existing 10-foot wide paved driveway at the north end of the subject site. A 15-foot wide easement that would include the driveway and associated utilities is being proposed. As the dwelling fronting Laula Road was built with the minimum 20-foot side yard setback at the north end, it is hoped that the easement—versus a pole—would obviate the need for a setback variance in conjunction with the subdivision action. B. Water There is an existing County water line fronting the property along Laula Road. Each of the dwellings on the subject site has its respective water meter from this line. As such, no new water system improvements should be required for this action. C. Wastewater There is no County wastewater system in this area. As the two dwellings were constructed well over 30 years ago, each has its own cesspool system. No new improvements are envisioned for this action. D. Solid Waste Solid waste will be handled, as is currently, by the respective landowners. The wastes are being deposited into the authorized landfill site in Hilo. With the requested FA-la zoning, the potential for uses with toxic or related chemical waste would be minimal, if at all. 11 E. Other Government Services As this area is already part of the City of Hilo urban area, it is already being serviced. No extension of government services would be required. The nearest fire station is located along Kawailani Street, less than 2 miles from the site. The Police Station is located at Kapiolani Street, less than 4 miles from the subject site Public school (K-12) is available at the Waiakea School Complex, approximately 2 miles from the subject site. There are a number of County parks are available in this area, all within 3 miles. As such, the project should not result in the extension of any government services. Further, the required public facilities are located reasonably proximate to the subject site. F. Other Utilities All other utilities such as telephone, cable, and electrical services are available to the site. VIII. IMPACT SIGNIFICANCE ANALYSIS A. Relationship Between Local Short-Term Uses of Environment and Maintenance and Enhancement of Long-Term Productivity If the request were denied, the short-term use of the site would probably continue to be used residentially and in very low level agriculture activity. From a long-term productivity standpoint, then, the proposed 2-lot subdivision would provide a heightened level of possibility in having the land used for more intensive agricultural activity in a quasi-urban and rural setting. B. Irreversible and Irretrievable Commitment of Resources As the site has been relatively disturbed in the past, it is not likely that its development would result in an irreversible commitment of natural or archaeological resources. Although the soil on the parcel has been classified "C" or far by the Land Study Bureau, there is a potential for small-scale agricultural activity. The site thus does have agricultural potential. It is reasoned 12 that the creation of the 2-lot subdivision should help foster— albeit in a small way because of the floodway - and not remove this land from its more intensive future agricultural potential. Further, it is not likely that the site has any significant archaeological features. This is evidenced by the prior grading and residential use of the site. Again, if needed, a monitoring program can be conducted during any land disturbance activity. C. Mitigative Measures The applicant does not believe that further infrastructure improvements are needed for this subdivision. However, if required, the applicant would comply. In that event, during the construction phase, contractors will be obligated to comply with appropriate State noise and air quality standards. Should unanticipated archaeological finds be discovered in conjunction with any further development of the site, work will stop (as is required by the State and County) and clearance secured before work is resumed. There are existing drainage ways on the property. As such, any and all required grading or grubbing work will be done in conjunction with the required permits and/or a SCS Agricultural Plan. This is to assure that the land disturbance activity of this site does not adversely affect the drainage of surrounding properties. Finally, there will be no person or businesses to be dislocated by this project. D. Alternatives to the Proposed Project 1. No Project Under the status quo alternative, the site could continue in its residential state. One of the homes could also continue to be rented. Because of the rental versus home ownership aspects, there would be less of an opportunity for a little more agricultural activity. Given the present mixture of land uses and lot sizes in this area and proximity to urban areas, the site may not be utilized to its fullest rural/agricultural potential. 13 2. Alternative Density Under this alternative, the applicant could seek a more intensive zoning, such as RA-.5a or RS-15. These zoning categories would arguably be consistent with the RS-15 zoning along Laula Road. Such an approach, however, may not be too desirable, given the fact that Laula Road is functionally a cul-de-sac. 3. Evaluation of Alternatives The project's impacts to the area's social and physical infrastructure would not be significant, as there will realistically be no added density. If required, certain mitigative measures could be taken to address any possible impacts associated by the subdivision of the subject property. Further, the project would be consistent with the land use objectives sought to be accomplished by the County General Plan LUPAG map and, although dated, the Hilo Community Development Plan. In view of the aforementioned, it would appear that none of the alternatives would be more prudent and beneficial than the requested FA-la alternative. IX. REGULATORY ANALYSIS A. General Plan LUPAG Map The General Plan provides for the long-range comprehensive development of the island of Hawaii. It provides direction for balanced growth in the County. The LUPAG map designates the site Low Density Urban and Extensive Agriculture. These designations allow the requested FA-la zoning without a General Plan amendment. B. General Plan Polices The requested zoning would be consistent with the goals, policies, and standards of the General Plan document. For one, it may provide very limited short-term economic opportunities largely through the construction of any improvements 14 required for the subdivision. More importantly, however, longer-term opportunities, although limited, could be created largely in the form of small-scale truck crops or nursery farms. In so doing, the resultant project should add revenues to the County and State coffers. The project intends to be more energy conscious through the installation of solar energy and design features to take advantage of the sun and wind patterns. Maintaining and improving the quality of the environment is important to the success of this project. The General Plan identifies five (5) areas of environmental concerns - air pollution, water quality, soil pollution, solid waste disposal, and noise pollution. As proposed, the project would not be violative of any of those objectives. Aside from vehicular transmission, air pollution associated with the project should be negligible. The existing cesspools area "grandfathered", and they were developed consistent with the then prevailing requirements of the State Department of Health. This should be sufficient to address any potential groundwater or coastal water impacts. As the homes already exist and there will be no added dwellings, there should not be a need for a solid waste management plan. However, if required, it could be prepared and implemented. The project will also not be a noisy one, as it will be primarily residential. Further, it is unlikely that this site would be used as a processing plant, as it would be more economical to send products elsewhere. Portions of the subject area are located within a floodway. No activity are being planned for those areas; nonetheless, if there are activities within those areas, a drainage system will be designed and constructed in a manner to protect the property as well as to minimize the volume of surface runoff generated by this development. The site does not appear to have historic sites due in large measure to the prior grading activity on the site. Nonetheless, work will cease if unanticipated archaeological remains are discovered during the development of this project. Work will resume only after proper clearances from the State and/or County have been received. While there have been sightings of the Hawaiian crow (Alala) or the owl (Pueo), this area is not their primary habitat. As such, the subject 15 project should not have any significant impacts on rare or endangered plant or animal life in this area. As the FA-la zoning would allow a residence, the project will indirectly fulfill the objectives of the housing element by enabling individual home ownerships of the two lots. The Plan also emphasizes that developments be mindful of an area's natural beauty. In this situation, because the project will not effectively change the use of the land, there should be no more visual impacts to the area. As the project site is more than 3 miles from the ocean, the usual coastal resources concern is not pronounced. There will be no interference with shoreline access. Again, because there will be no added density, there will be marginal, if at all, impact to public facilities. The wastewater system and water system already exist. Vehicular access to the site is already fully improved. Schools and other public facilities are also located proximate to the site, most of them being less than 3 miles away. Finally, in terms of the Land Use and Agricultural elements, the pertinent goals, policies, and standards of the General Plan note the following: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need • The compatibility of agricultural and non-agricultural uses should be carefully reviewed and where appropriate, buffers required 16 • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations • The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment • Agricultural land shall be used as one form of open space or green belt. In view of the foregoing goals and policies, it is noted that the requested zoning would be consistent with the Low Density and Extensive Agriculture designations of the LUPAG map. It would also be generally compatible with the surrounding area. There are many 1-3-acre lots adjacent and makai of the subject site. There are A-la and RS-15 zoning proximate to the subject property. The soil of the site is classified "C" or fair by the Land Study Bureau. As such, although there is no agricultural use on the property, it has the potential. This request should thus encourage more intensive agricultural activities on the site. The existing homes are located outside of the drainage ways on the subject site. As such, there should be little physical impediments to the subdivision of the property. C. Zoning and Subdivision The designated zoning of the site is Ag-3a. Should the FA-la zoning be approved, the requirements of the zoning and subdivision codes would be complied, including use and related development standards. As noted earlier, there may be a need for a setback variance to accommodate the location of one of the existing dwellings. Further, conditions incorporating appropriate restrictive covenants relating to density, use, and design restrictions could also be imposed. D. State Land Use Agricultural Standards As the requested lots will be more than 1-acre, the request would not in principle violate the minimum lot size standards of the State Land Use law. All of the applicable use guidelines of said law would be adhered to. 17 DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: March 28, 2012 Nefig0444440G TO: BJ Leithead Todd, Planning Director FROM: eke.. De a�tment of Public Works p SUBJECT: CHANGE OF ZONE APPLICATION (REZ 12-000151) Applicant: Joseph Okuna Request: A-3a to FA-1 a Tax Map Key: 2-4-04: 072 We have reviewed the subject application forwarded by your memo dated March 6, 2012 and offer the following comments for your consideration. A portion of the subject property is in an area designated as Flood Zone AH on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Flood Zone AH is the Special Flood Hazard Area inundated by the 100-year flood where flood depths are 1 to 3 feet (usually areas of ponding). Any construction within the designated flood zone shall comply with the requirements of Chapter 27, Floodplain Management, of the Hawaii County Code. The Zoning Map (Ordinance No. 187) classifies Laula Road as a collector with an existing right-of-way width of 50 feet fronting the subject parcel. Questions may be referred to Kelly Gomes at ext. 8327. 07769.2 Planning Dept. Exhibit County of Hawaii is an Equal Opportunity Provider and Employer _e f""QF WATEl�8 AA' pA f'19 - 49• r` DEPARTMENT OF WATER SUPPLY - COUNTY OF HAGNAI3I ' OP„WA``,�,P .` 3 45 KEKUA,NAO'A STREET b iii HILO, IIAWArl 96720 EPHOiIE i8C8? 061-8050 • FAX ;808) 86i-8657 April 13,2012 TO: Ms.BJ Leithead Todd, Director Planning Department FROM: Quirino Antonio,Jr., Manager—Chief Engineer SUBJECT: CHANGE OF ZONE APPLICATION(REZ 12-000151) APPLICANT—JOSEPH OKUNA REQUEST: A-3A TO FA-1A TAX MAP KEY 2-4-004:072 We have reviewed the subject application and have the following comments and conditions. Water can be made available from the end of an existing 6-inch waterline approximately 500-feet from the subject property within Laula Road. The subject parcel currently served by two(2)5/8-inch meters,which is limited to an average of 400 gallons per day and suitable for only one(1)single-family dwelling. For your information,final subdivision will be subject to the following conditions: 1. Construct necessary water system improvements,which shall include,but not be limited to: a. water mains capable of delivering water at adequate pressure and volume under peak-flow and fire-flow conditions;minimum diameter of mains shall be 6 inches,from the end of an existing 6-inch waterline extending approximately 500 lineal feet along Laula Road, b. relocation of the existing service lateral that will accommodate a 5/8-inch meter and front each lot, c. subject to other agencies' requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development,the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities,should they be necessary,and d. fire hydrants spaced no more than 600 feet apart. On dead-end streets,the last fire hydrant shall be located at one-half the distance from the last house,or unit,fronting the property line,or to the driveway or access for the property. Submit construction plans and design calculations prepared by a professional engineer, licensed in the State of Hawai`i,for review and approval. Planning Dept. Exhibit . . .Water, Our Most Precious Resource. . . Ka Wai Kane. . .The Department of Water Supply is an Equal Opportunity provider and employer. Ms. BJ Leithead Todd, Director Page 2 April 13,2012 2. Submit the appropriate documents, properly prepared and executed,to convey the water system improvements and necessary easements to the Water Board of the County of Hawaii prior to final subdivision approval being granted. A registered Iand surveyor shall stamp and certify the metes and bounds description within the conveyance documents. However,prior to water meter services being granted to the development,or any lots within,the conveyance documents shall be accepted by the Water Board. Should there be any questions,please contact Mr.Ryan Quitoriano of our Water Resources and Planning Branch at 961-8070,extension 256. Sincerely yours, Quiri ► Antonio,Jr.,P.E. Man. --r-Chief Engineer RQ:dfg copy— Joseph Okuna Sidney M. Fuke,Planning Consultant • tr' h. 4. s .�r• +.a xa� j1 J4 William P.Kenoi "'" *�:* Dora Beck,P.E. Mayor =_-rs+K Acting Director °+ .V � Hunter Bishop William T.Takaba rf...... • Depuy Director Mana g in g Director •C OUtrfg 4 af1nt l DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo,Hawaii 96720 (808)961-8083 •Fax(808)961-8086 http://co.hawaii.hi.us/directory/dir envnmg.htm MEMORANDUM Date : March 8,2012 To : BJ LEITHEAD TODD,Planning Director From: DORA BECK,P.E.,Acting Director (/),:r3, Subject: Change of Zone Application(REZ 12-000151) Applicant: Joseph Okuna Request:A-3a to FA-la TMK: 2-4-004:072 The Solid Waste Division has reviewed the subject application and offers the following recommendations (Please note Wastewater Division's comments will submitted separately): DEPARTMENT COMMENTS: ( ) Wastewater Division had no comment as this area is not a sewered and there are no immediate plans for sewering of the area. ( ) Other SOLID WASTE COMMENTS: (Contact Solid Waste Division for details.) ( ) No comments ( ) Commercial operations, State and Federal agencies,religious entities and non-profit organizations may not use transfer stations for disposal. ( ) Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. ( ) Ample and equal room should be provided for rubbish and recycling. ( ) Green waste may be transported to the green waste sites located at the Kailua and Hilo transfer stations,or other suitable diversion programs. ( ) Construction and demolition waste is prohibited at all County Transfer Stations. ( ) Submit Solid Waste Management Plan in accordance with attached guidelines. ( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. ( ) Other: Planning ept. r .; "`, Exhibit a ,n0 7 7 4 8 9 County of Hawaii is an Equal Opportunity Provider and Employer, William P.Kenos Dora Beck,P.E. M or --=---yew Acting Director ay a €` t •r •µ:�.0;� ' Hunter Bishop T.Takab - -i N . Managing Director Deputy Director County of Hawai`i DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo,Hawai'i 96720 (808)961-8083 •Fax(808)961-8086 http://co.hawaii.hi.us/directory/dir envmng.htm MEMORANDUM Date : March 8, 2012 To : BJ LEITHEAD TODD,Planning Director From: DORA BECK,P.E.,Acting Director Subject: Change of Zone Application(REZ 12-000151) Applicant:Joseph Okuna Request: A-3a to FA-la TMK: 2-4-004:072 The Wastewater Division has reviewed the subject application and offers the following recommendations (please note Solid Waste Division comments will be submitted separately): DEPARTMENT COMMENTS: WASTEWATER COMMENTS: (Contact Wastewater Division for details.) (X) No comments ( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawai'i County Code. ( ) Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawai'i County Code.Complete Sewer Extension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawai'i County Code. ( ) Check or line out as applicable: [ ]If required by the Director of the Department of Environmental Management("Director of DEM"), [ ] applicant shall conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. Applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require,which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief for details. ( ) Other: 077489 County of Hawai`i is an Equal Opportunity Provider and Employer. '�NSV J fy9.r William P.Kenoi lA N:'* Harry S.Kubojiri Manor' — Police Chief 2,94E OF HP1P'= Paul K.Ferreira Deputy Police Chief County of Hawaii POLICE DEPARTMENT 349 Kapiolani Street • Hilo,1-lawai`i 96720-3998 (808)935-3311 • Fax(808)961-8865 March 21, 2012 TO : BJ LEIT EAD TODD, /LANNING DIRECTOR FROM : HN TE' ASSISTANT POLICE CHIEF ARE OPERATIO ' SUBJECT: CHANGE OF ZONE APPLICATION (REZ 12-000151) APPLICANT: JOSEPH OKUNA REQUEST: A-3a to FA-la TAX MAP KEY: 2-4-004:072 Staff, upon reviewing the provided documents, does not anticipate any significant impact to traffic and/or public safety concerns. Thank you for allowing us the opportunity to comment. If you have any questions, please contact Captain Robert Wagner of our S. Hilo Patrol Division at 961-2214. RW:IIi 120155 Planninc' Dept. Exhibit "Hawai`i County is an Equal Opportunity Provider and Employer" J William P. Kenoi Darren J. Rosario Mayor ;�✓,' Fire Chief Renwick J.Victorino \`\\\.... Deputy Fire Chief Q1 ountp of 9a.iveti`i HAWAI'I FIRE DEPARTMENT 25 Aupuni Street • Room 2501• Hilo,Hawaii 96720 (808)932-2900 • Fax(808)932-2928 March 9,2012 TO: BJ LEITHEAD TODD,PLANNING DIRECTOR FROM: DARREN J.ROSARIO,FIRE CHIEF SUBJECT: CHANGE OF ZONE APPLICATION(REZ 12-000151) APPLICANT: JOSEPH OKUNA REQUEST: A-3a to FA-la TAX MAP KEY: 2-4-004:072 In regards to the above-mentioned Change of Zone application, the following shall be in accordance: NFPA 1,UNIFORM FIRE CODE,2006 EDITION Note: NFPA 1, Hawai'i State Fire Code with County amendments. County amendments are identified with a preceding "C�" of the reference code. Chapter 18 Fire Department Access and Water Supply 18.1 General. Fire department access and water supplies shall comply with this chapter. For 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, or areas where there is an inadequate fire flow,or inadequate fire hydrant spacing, and the AHJ may require additional safeguards including,but not limited to, additional fire appliance units,more than one type of appliance, or special systems suitable for the protection of the hazard involved. 18.1.1 Plans. 18.1.1.1 Fire Apparatus Access. Plans for fire apparatus access roads shall be submitted to the fire department for review and approval prior to construction. 18.1.1.2 Fire Hydrant Systems. Plans and specifications for fire hydrant systems shall b submitted to the fire department for review and approval prior to construction. Planning Dijept. !R� Exhibit _ Icy C �' ,� Hawaii County is an Equal Opportunity Provider and Employer. 0 7 ry ! a a 7 i BJ Leithead Todd March 9, 2012 Page 2 C- 18.1.1.2.1 Fire Hydrant use and Restrictions.No unauthorized person shall use or operate any Fire hydrant unless such person first secures permission or a permit from the owner or representative of the department, or company that owns or governs that water supply or system. Exception: Fire Department personnel conducting firefighting operations,hydrant testing, and/or maintenance, and the flushing and acceptance of hydrants witnessed by Fire Prevention Bureau personnel. 18.2 Fire Department Access. 18.2.1 Fire department access and fire department access roads shall be provided and maintained in accordance with Section 18.2. 18.2.2* Access to Structures or Areas. 18.2.2.1 Access Box(es).The AHJ shall have the authority to require an access box(es)to be installed in an accessible location where access to or within a structure or area is difficult because of security. 18.2.2.2 Access to Gated Subdivisions or Developments. The AHJ shall have the authority to require fire department access be provided to gated subdivisions or developments through the use of an approved device or system. 18.2.2.3 Access Maintenance.The owner or occupant of a structure or area,with required fire department access as specified in 18.2.2.1 or 18.2.2.2, shall notify the AHJ when the access is modified in a manner that could prevent fire department access. 18.2.3 Fire Department Access Roads. 18.2.3.1 Required Access. 18.2.3.1.1 Approved fire department access roads shall be provided for every facility,building,or portion of a building hereafter constructed or relocated. 18.2.3.1.2 Fire Department access roads shall consist of roadways, fire lanes, parking lots lanes, or a combination thereof. 18.2.3.1.3* When not more than two one- and two-family dwellings or private garages, carports, sheds, agricultural buildings, and detached buildings or structures 400ft2 (37 m2) or less are present,the requirements of 18.2.3.1 through 18.2.3.2.1 shall be permitted to be modified by the AHJ. BJ Leithead Todd March 9, 2012 Page 3 18.2.3.1.4 When fire department access roads cannot be installed due to location on property, topography, waterways, nonnegotiable grades, or other similar conditions, the AHJ shall be authorized to require additional fire protection features. 18.2.3.2 Access to Building. 18.2.3.2.1 A fire department access road shall extend to within in 50 ft(15 m) of at least one exterior door that can be opened from the outside and that provided access to the interior of the building. 18.2.3.2.1.1 When buildings are protected throughout with an approved automatic sprinkler system that is installed in accordance with NFPA 13, NFPA 13D, or NFPA 13R, the distance in 18.2.3.2.2 shall be permitted to be increased to 300 feet. 18.2.3.2.2 Fire department access roads shall be provided such that any portion of the facility or any portion of an exterior wall of the first story of the building is located not more than 150 ft (46 m) from fire department access roads as measured by an approved route around the exterior of the building or facility. 18.2.3.2.2.1 When buildings are protected throughout with an approved automatic sprinkler system that is installed in accordance with NFPA 13, NFPA 13D, or NFPA 13R, the distance in 18.2.3.2.2 shall be permitted to be increased to 450 ft (137 m). 18.2.3.3 Multiple Access Roads. More than one fire department access road shall be provided when it is determined by the AHJ that access by a single road could be impaired by vehicle congestion, condition of terrain, climatic conditions, or other factors that could limit access. 18.2.3.4 Specifications. 18.2.3.4.1 Dimensions. C- 18.2.3.4.1.1 FDAR shall have an unobstructed width of not less than 20ft with an approved turn around area if the FDAR exceeds 150 feet. Exception: FDAR for one and two family dwellings shall have an unobstructed width of not less than 15 feet, with an area of not less than 20 feet wide within 150 feet of the structure being protected. An approved turn around area shall be provided if the FDAR exceeds 250 feet. C- 18.2.3.4.1.2 FDAR shall have an unobstructed vertical clearance of not less then 13ft 6 in. C- 18.2.3.4.1.2.1 Vertical clearances may be increased or reduced by the AHJ, provided such increase or reduction does not impair access by the fire apparatus, and approved signs are installed and maintained indicating such approved changes. BJ Leithead Todd March 9, 2012 Page 4 18.2.3.4.1.2.2 Vertical clearances shall be increased when vertical clearances or widths are not adequate to accommodate fire apparatus. C- 18.2.3.4.2 Surface. Fire department access roads and bridges shall be designed and maintained to support the imposed loads (25 Tons) of the fire apparatus. Such FDAR and shall be comprised of an all-weather driving surface. 18.2.3.4.3 Turning Radius. C- 18.2.3.4.3.1 Fire department access roads shall have a minimum inside turning radius of 30 feet, and a minimum outside turning radius of 60 feet. 18.2.3.4.3.2 Turns in fire department access road shall maintain the minimum road width. 18.2.3.4.4 Dead Ends. Dead-end fire department access roads in excess of 150 ft (46 m) in length shall be provided with approved provisions for the fire apparatus to turn around. 18.2.3.4.5 Bridges. 18.2.3.4.5.1 When a bridge is required to be used as part of a fire department access road, it shall be constructed and maintained in accordance with county requirements. 18.2.3.4.5.2 The bridge shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. 18.2.3.4.5.3 Vehicle load limits shall be posted at both entrances to bridges where required by the AHJ. 18.2.3.4.6 Grade. C- 18.2.3.4.6.1 The maximum gradient of a Fire department access road shall not exceed 12 percent for unpaved surfaces and 15 percent for paved surfaces. In areas of the FDAR where a Fire apparatus would connect to a Fire hydrant or Fire Department Connection, the maximum gradient of such area(s) shall not exceed 10 percent. 18.2.3.4.6.2* The angle of approach and departure for any means of fire department access road shall not exceed 1 ft drop in 20 ft (0.3 m drop in 6 m) or the design limitations of the fire apparatus of the fire department, and shall be subject to approval by the AHJ. BJ Leithead Todd March 9, 2012 Page 5 18.2.3.4.6.3 Fire department access roads connecting to roadways shall be provided with curb cuts extending at least 2 ft (0.61 m) beyond each edge of the fire lane. 18.2.3.4.7 Traffic Calming Devices. The design and use of traffic calming devices shall be approved the AHJ. 18.2.3.5 Marking of Fire Apparatus Access Road. 18.2.3.5.1 Where required by the AHJ, approved signs or other approved notices shall be provided and maintained to identify fire department access roads or to prohibit the obstruction thereof of both. 18.2.3.5.2 A marked fire apparatus access road shall also be known as a fire lane. 18.2.4* Obstruction and Control of Fire Department Access Road. 18.2.4.1 General. 18.2.4.1.1 The required width of a fire department access road shall not be obstructed in any manner, including by the parking of vehicles. 18.2.4.1.2 Minimum required widths and clearances established under 18.2.3.4 shall be maintained at all times. 18.2.4.1.3*Facilities and structures shall be maintained in a manner that does not impair or impede accessibility for fire department operations. 18.2.4.1.4 Entrances to fire departments access roads that have been closed with gates and barriers in accordance with 18.2.4.2.1 shall not be obstructed by parked vehicles. 18.2.4.2 Closure of Accessways. 18.2.4.2.1 The AHJ shall be authorized to require the installation and maintenance of gates or other approved barricades across roads, trails, or other accessways not including public streets, alleys, or highways. 18.2.4.2.2 Where required, gates and barricades shall be secured in an approved manner. BJ Leithead Todd March 9, 2012 Page 6 18.2.4.2.3 Roads, trails, and other accessways that have been closed and obstructed in the manner prescribed by 18.2.4.2.1 shall not be trespassed upon or used unless authorized by the owner and the AHJ. 18.2.4.2.4 Public officers acting within their scope of duty shall be permitted to access restricted property identified in 18.2.4.2.1. 18.2.4.2.5 Locks, gates, doors,barricades, chains, enclosures, signs, tags, or seals that have been installed by the fire department or by its order or under its control shall not be removed,unlocked, destroyed,tampered with, or otherwise vandalized in any manner. 18.3 Water Supplies and Fire Hydrants 18.3.1* A water supply approved by the county, capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facilities or buildings, or portions thereof, are hereafter constructed, or moved into or within the county. When any portion of the facility or building is in excess of 150 feet (45 720 mm) from a water supply on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on- site fire hydrants and mains capable of supplying the required fire flow shall be provided when required by the AHJ. For on-site fire hydrant requirements see section 18.3.3. EXCEPTIONS: 1. When facilities or buildings, or portions thereof, are completely protected with an approved automatic fire sprinkler system the provisions of section 18.3.1 may be modified by the AHJ. 2. When water supply requirements cannot be installed due to topography or other conditions, the AHJ may require additional fire protection as specified in section 18.3.2 as amended in the code. 3. When there are not more than two dwellings, or two private garage, carports, sheds and agricultural. Occupanicies, the requirements of section 18.3.1 may be modified by AHJ. 18.3.2* Where no adequate or reliable water distribution system exists, approved reservoirs, pressure tanks, elevated tanks, fire department tanker shuttles, or other approved systems capable of providing the required fire flow shall be permitted. 18.3.3* The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on a fire apparatus access road on the site of the premises or both, in accordance with the appropriate county water requirements. 18.3.4 Fire Hydrants and connections to other approved water supplies shall be accessible to the fire department. BJ Leithead Todd March 9, 2012 Page 7 18.3.5 Private water supply systems shall be tested and maintained in accordance with NFPA 25 or county requirements as determined by the AHJ. 18.3.6 Where required by the AHJ, fire hydrants subject to vehicular damage shall be protected unless located within a public right of way. 18.3.7 The AHJ shall be notified whenever any fire hydrant is placed out of service or returned to service. Owners of private property required to have hydrants shall maintain hydrant records of approval, testing, and maintenance, in accordance with the respective county water requirements. Records shall be made available for review by the AHJ upon request. C-- 18.3.8 Minimum water supply for buildings that do not meet the minimum County water standards: Buildings up to 2000 square feet, shall have a minimum of 3,000 gallons of water available for Firefighting. Buildings 2001- 3000 square feet, shall have a minimum of 6,000 gallons of water available for Firefighting. Buildings, 3001- 6000 square feet, shall have a minimum of 12,000 gallons of water available for Firefighting. Buildings, greater than 6000 square feet, shall meet the minimum County water and fire flow requirements. Multiple story buildings shall multiply the square feet by the amount of stories when determining the minimum water supply. Commercial buildings requiring a minimum fire flow of 2000gpm per the Department of Water standards shall double the minimum water supply reserved for firefighting. Fire Department Connections (FDC) to alternative water supplies shall comply with 18.3.8 (1)-(6) of this code. NOTE: In that water catchment systems are being used as a means of water supply for firefighting, such systems shall meet the following requirements: (1) In that a single water tank is used for both domestic and firefighting water, the water for domestic use shall not be capable of being drawn from the water reserved for firefighting; S ' BJ Leithead Todd March 9, 2012 Page 8 (2) Minimum pipe diameter sizes from the water supply to the Fire Department Connection(FDC) shall be as follows: (a) 4"for C900 PVC pipe; (b) 4" for C906 PE pipe; (c) 3" for ductile Iron; (d) 3' for galvanized steel. (3) The Fire Department Connection(FDC) shall: (a)be made of galvanized steel; (b)have a gated valve with 2-1/2 inch, National Standard Thread male fitting and cap; (c)be located between 8 ft and 16 ft from the Fire department access. The location shall be approved by the AHJ; (d)not be located less than 24 inches, and no higher than 36 inches from finish grade, as measured from the center of the FDC orifice; (e)be secure and capable of withstanding drafting operations. Engineered stamped plans may be required; (f)not be located more than 150 feet of the most remote part, but not less than 20 feet, of the structure being protected; (g) also comply with section 13.1.3 and 18.2.3.4.6.1 of this code; (4) Commercial buildings requiring a fire flow of 2000gpm shall be provided with a second FDC. Each FDC shall be independent of each other, with each FDC being capable of flowing 500gpm by engineered design standards. The second FDC shall be located in an area approved by the AHJ with the idea of multiple Fire apparatus' conducting drafting operations at once, in mind. (5) Inspection and maintenance shall be in accordance to NFPA 25. (6) The owner or lessee of the property shall be responsible for maintaining the water level, quality, and appurtenances of the system. EXCEPTIONS TO SECTION 18.3.8: (1) Agricultural buildings, storage sheds, and shade houses with no combustible or equipment storage. (2) Buildings less than 800 square feet in size that meets the minimum Fire Department Access Road requirements. (3) For one and two family dwellings, agricultural buildings, storage sheds, and detached garages 800 to 2000 square feet in size, and meets the minimum Fire Department Access Road requirements, the distance to the Fire Department Connection maybe increased to 1000 feet. (4) For one and two family dwellings, agricultural buildings, and storage sheds BJ Leithead Todd March 9, 2012 Page 9 greater than 2000square feet, but less than 3000 square feet and meets the minimum Fire Department Access Road requirements, the distance to the Fire Department Connection may be increased to 500 feet. (5) For buildings with an approved automatic sprinkler system, the minimum water supply required may be modified. If there are any questions regarding these requirements, please contact the Fire Prevention Bureau at (808) 932-2912. DARREN J. ROSARIO Fire Chief RP/lc 'i *F. Ado EILABR ROMBIE % a .:. WILLIAM.1.AILA,JR. GOVERNOR OF HA WAR 111AN1/%100N } (^R Al`';'1 C Si l CJ ThI N(N WA RINI U IN I AIANAGININI ■/41'~ STATE OF HAWAII r I� DEPARTMENT OF LAND AND NATURAL RESOURCES ,(� LAND DIVISION "` POST OFFICE BOX 621 state ofHat0 HONOLULU,HAWAII 96809 April 2, 2012 County of Hawaii Planning Department Attention: Mr.Jeff Darrow via email: ,darrowficco.hawaii.hi.us 101 Pauahi Street, Suite 3 Hilo,Hawaii 96720 Dear Mr.Park: SUBJECT: Change of Zone Application (REZ 12-000151), Joseph Okuna, Applicant, located at Waiakea,South Hilo, Hawaii;TMK: (3)2-4-004:072 Thank you for the opportunity to review and comment on the subject matter. The Department of Land and Natural Resources' (DLNR) Land Division distributed or made available a copy of your report pertaining to the subject matter to DLNR Divisions for their review and comments. At this time, enclosed are comments from the Engineering Division and the Hawaii District Land Office on the subject matter. Should you have any questions, please feel free to call Kevin Moore at 587-0426. Thank you. Sincerely, Russell Y.Tsuji Land Administrator Enclosure(s) Planning D pi- -,' 077739 Exhibit _ _ , _ ___ I tR..�F=+b: NEIL ABERCROMBIE �' y, WILLIAALI,AILA,JR. GOVERNOR OF HAWAII -4i��, CHAIRPERSON I f 1 7.' BOARD()FUND ANDNATIR ALRFSOURC15 ��1(�'�sl� C'OMMISSWN ON WATER RESOURCEMANAOWFNF al :si��l Vii!■N�t}∎r , d�nd ai, Rr STATE OF HAWAII I, = rTh DEPARTMENT OF LAND AND NATURAL RESOURCES = =11 LAND DIVISION (1)—>1,— r,;y , 2 POST OFFICE BOX 621 A=-CI SiaMo(Ha$ HONOLULU,HAWAII 96809 tT 2y�� = C:7 rri March 19,2012 z -0a MEMORANDUM =nom r Z en col c- TO: DLNR Agencies: Div.of Aquatic Resources _Div.of Boating&Ocean Recreation X,Engineering Division, Div.of Forestry&Wildlife Div.of State Parks _Commission on Water Resource Management Office of Conservation&Coastal Lands X Land Division—Hawaii District XHistoric Preservation FROM: / �Rfissell Y. Tsuji, Land Administrator---1-- SUBJECT: Change of Zone Application(REZ 12-000151) LOCATION: Waiakea, South Hilo,Hawaii;TMK: (3)2-4-004:072 APPLICANT: Joseph Okuna Transmitted for your review and comment on the above referenced document. We would appreciate your comments on this document. Please submit any comments by April 1,2012. If no response is received by this date,we will assume your agency has no comments. If you have any questions about this request,please contact Kevin Moore at 587-0426. Thank you. Attachments ( ) We have no objections. ( ) We have no comments. (7) Comments are attached. Signed: 'fir Date: 177f` cc: Central Files i • ,1 DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LD/KevinMoore Ref:ChangeZone(A-3a to FA-la) Iawaii.550 COMMEN'T'S (X) We confirm that the project site,according to the Flood Insurance Rate Map(FIRM),is located in Zones X and AE. The National Flood Insurance Program does not have any regulations for developments within Zone X however, it does regulate developments within Zone AE as indicated in bold letters below. O Please take note that the project site,according to the Flood Insurance Rate Map(FIRM),is located in Zone. () Please note that the correct Flood Zone Designation for the project site according to the Flood Insurance Rate Map(FIRM)is . (X) Please note that the project must comply with the rules and regulations of the National Flood Insurance Program(NFIP)presented in Title 44 of the Code of Federal Regulations (44CFR),whenever development within a Special Flood Hazard Area is undertaken. If there are any questions,please contact the State NFIP Coordinator,Ms.Carol Tyau-Beam, of the Department of Land and Natural Resources,Engineering Division at(808)587-0267. Please be advised that 44CFR indicates the minimum standards set forth by the NFIP. Your Community's local flood ordinance may prove to be more restrictive and thus take precedence over the minimum NFIP standards. If there are questions regarding the local flood ordinances,please contact the applicable County NFIP Coordinators below: ( ) Mr. Robert Sumitomo at(808)768-8097 or Mr.Mario Siu Li at(808)768-8098 of the City and County of Honolulu,Department of Planning and Permitting. (X) Mr. Frank DeMarco at(808)961-8042 of the County of Hawaii,Department of Public Works. () Mr.Francis Cerizo at(808)270-7771 of the County of Maui,Department of Planning. () Ms.Wynne Ushigome at(808)241-4980 of the County of Kauai,Department of Public Works. () The applicant should include water demands and infrastructure required to meet project needs. Please note that projects within State lands requiring water service from the Honolulu Board of Water Supply system will be required to pay a resource development charge,in addition to Water Facilities Charges for transmission and daily storage. () The applicant should provide the water demands and calculations to the Engineering Division so it can be included in the State Water Projects Plan Update. () Additional Comments: () Other: Should you have any questions,please call Ms. Suzie Agraan of the Planning Branch at 587-0258. p Signed: CARTY . iA■( , 111E1. 1FNGINFER Date I f n 9 c NEIL ABERCROMBIR s 'y WILLIAM J.A1LA,JR. GOVERNOR OF HAWAII -,`\, f-rii: cIAM 17180N A,'.'f�y1 1 HOARD OF LAND AND NATURAL RFSOURI S 9,y ') l'',^ MMUIBSIONUN WATER RESOURCE RIANAOINSIT IY I. 45 end and . m,: �� so.''''t 11111R�R21 P Lets �fi` ~ STATE OF HAWAII 8 ��' r . r DEPARTMENT STATE LAND AND NATURAL RESOURCES RECEIVED �,�----3- — LAND DIVISION POST OFFICE BOX 621 LAND HILO.DIVISIO LAW }I skieoftwo HONOLULU,HAWAII 96809 March 19,2012 MEMORANDUM TO: DLNR Agencies: Div.of Aquatic Resources Div.of Boating&Ocean Recreation z X Engineering Division v>?',ca nom,,,, ; Div. of Forestry&Wildlife >73-13 = `°' _Div. of State Parks '''n:-f S. c�D m , � �,., c; _Commission on Water Resource Management r, � �, �+� Office of Conservation&Coastal Lands o v << Division Hawaii District > X Historic Preservation =m�' 'P z FROM: 411ssell Y.Tsuji,Land Administrafar''1-- SUBJECT: Change of Zone Application(REZ 12-000151) LOCATION: Waiakea,South Hilo,Hawaii;TMK: (3)2-4-004:072 APPLICANT: Joseph Okuna Transmitted for your review and comment on the above referenced document. We would appreciate your comments on this document. Please submit any comments by April 1,2012. If no response is received by this date,we will assume your agency has no comments. If you have any questions about this request,please contact Kevin Moore at 587-0426. Thank you. Attachments ( V) We have no objections. ( ) We have no comments. ( ) Comments are attached. Signed: ! Date: 3 2. /z- cc: Central Files NEIL ABERCROMBIE LORETTA J.FUDDY,A.C.S.W.,M.P.H. K R 4 GOVERNOR y p,.� i59'�. �` Director of Health n '." 4Y"cis - STATE OF HAWAII DEPARTMENT OF HEALTH P.O.BOX 916 HILO,HAWAII 96721-0916 MEMORANDUM DATE: March 23, 2012 TO: Bobby Jean Leithead Todd Planning Director, County of Hawaii FROM: Newton Inouye District Environmental Health Program Chief SUBJECT: Change of Zone Application(REZ 12-000151) Applicant: Joseph Okuna Request: A-3a to FA-1 a Tax Map Key: 2-4-004:072 Wastewater Branch has no objections to the proposed project. However, as we have no information on existing wastewater systems, we are unable to provide comments. Please have your engineer or contractor submit a completed cesspool information card identifying the location of all wastewater systems and their relationship to existing and/or proposed property lines. We recommend that you review all of the Standard Comments on our website: http://hawaii.gov/health/environmental/env planning/landuse/landuse.html. Any comments specifically applicable to this project should be adhered to. The same website also features a Healthy Community Design Smart Growth Checklist (Checklist)created by Built Environment Working Group (BEWG) of the Hawaii State Department of Health. The BEWG recommends that state and county planning depaitinents, developers,planners, engineers and other interested parties apply the healthy built environment principles in the Checklist whenever they plan or review new developments or redevelopments projects. We also ask you to share this list with others to increase community awareness on healthy community design. WORD:REZ 12-000151.my Planning ept. 0 7_'7 Exhibit, � SidneyFuke, Planning Consultant Alaii.1171..W 100 Pauahi Street, Suite 212•Hilo, Hawaii 96720 •Planning•Variance•Zoning Telephone:(808)969-1522•Fax:(808)969-7996 •Subdivision•Land Use Permits E-mail: sidfuke@hawaiiantel.net •Environmental Reports April 4, 2012 Ms. BJ Leithead Todd, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Ms. Leithead Todd: Subject: Rezoning Application (REZ 12-000151) Joseph Okuna TMK: 2-4-04: 072 Thank you for providing me with a copy of agency comments to date regarding the subject application. In response to these comments, we provide the following: a. Aside from reconfirming the property's FIRM designations,various divisions within the Department of Land and Natural Resources had no further comments or objections to the request. b. The Fire Department identified the Fire Code's requirements relative to the subdivision of the property. Applicable provisions will be adhered to in conjunction with the subdivision process. c. The applicant will comply with the request provide a"completed cesspool information card"for the two existing structures to the Department of Health. d. The Police Department"does not anticipate any significant traffic and/or public safety concerns." e. The Department of Environmental Management had no comments on the request. f. Relative to the Department of Public Work's comments,the applicant is aware of and will comply with applicable provisions of the FIRM designations in conjunction with the construction of any new structures on the subject property. Relative to the road classifications of the Zoning Map, the applicant would not have any objections to the delineation of"future road-widening" setbacks fronting Laula Road and, if appropriate,the property's mauka boundary to address the possible future extension of Iwalani Street. SCANNED I Planning Dept. :6 7 37,' Exhibit e Ms. BJ Leithead Todd, Director April 4, 2012 Page 2 We trust that the above adequately responded to the comments to date. If not or if there are further questions or comments on this matter,please let me know. Thank you very much. ncerely, SIDNEY . FUKE Planning Consultant Copy—Mr. Joseph Okuna w/enclosures Comm. 728/Bill 258 ROkuna-REZ12-151.jwd 04-04-12 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION JOSEPH OKUNA CHANGE OF ZONE APPLICATION (REZ 12-000151) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation for the Change of Zone request from Agricultural 3-acre(A-3a) to Family Agricultural 1-acre(FA-1a)be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant is requesting the change of zone in order to subdivide the 2.96-acre property into 2 lots and distribute one lot to the applicant and one lot to the applicant's sister for estate planning purposes. There are two existing single-family dwellings and accessory buildings on the property. These would be incorporated into the subdivision design allowing a single family dwelling to be located on each lot. The change of zone request from A-3a to FA-la will conform to, among others,the Land Use element and Land Use Pattern Allocation Guide (LUPAG) Map of the General Plan. In order to consider an area for any type of zoning designation, the applicable goals,policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The Land Use- Agriculture element of the plan seeks to protect and maintain important agricultural lands from urban encroachment. However,the subject property is not classified as important agricultural land and has not been in agricultural use but in residential use for over thirty years. In fact the LUPAG Map, which establishes the basic urban and non-urban form for areas within the County designates the subject property as Low Density Urban which allows for residential uses -1- with an overall density of up to six units per acre, ancillary community and public uses, and neighborhood and convenience-type commercial uses. According to the Zoning Code, the purpose of the Family Agricultural district is to provide for a blend of small-scale agricultural operations associated with residential activities which may be characterized by farm estates, small acreage farms, or subsistence lots in areas where public services and infrastructure are appropriate to support the very low density residential needs of the community and where a substantial number of surrounding parcels are less than five acres in size. Surrounding properties are similarly zoned A-3a and consist of agricultural uses, scattered dwellings and vacant lots. Further north along Laula Road are properties zoned A-la and RS-15. A substantial number of surrounding parcels are less than five acres in size, especially to the north of the subject property. A change of zone to the FA district classification would be appropriate in this area and the request is consistent with the General Plan as it will not diminish the potential for future agricultural uses on the property and will remain consistent with the LUPAG designation for this area. All essential utilities and services are available to the site. Access to the property is from Laula Road, which is a paved County roadway with a right-of-way width of 50 feet. There is a 20-foot wide pavement with 2 to 4-foot wide grassed shoulders up to about 200 feet from the subject property. Beyond that point and fronting the subject property, the pavement narrows to approximately 10 feet with 2 to 4-foot wide shoulders. The City of Hilo Zone Map designates Laula Road as a collector road with a 60-foot right-of-way width. Additionally,the City of Hilo Zone Map identifies that the proposed extension of Iwalani Street will affect the rear of the subject property. Iwalani Street is designated as a secondary arterial road with an 80-foot right-of-way width. Based on the requirements of the City of Hilo Zone Map, a condition of approval will require the applicant provide a 5-foot wide future road widening strip along Laula Road and a 40-foot wide future road widening strip along the rear property line for the proposed Iwalani Street Extension. The condition will require the applicant to identify the future road widening setbacks on the final subdivision map and to subdivide and -2- dedicate the future road widening strips to the County of Hawai`i at no cost upon the request of the Department of Public Works. A change of zone as proposed would typically require that support facilities meet the minimum standards as prescribed by the Zoning Code. In the case of Laula Road, the Zoning Code identifies this primary access as a collector roadway with a minimum right of way width of 60 feet with a pavement width between 20 to 24 feet. However, in this particular situation, the proposed change of zone would not increase the number of single family residential units on the affected property and would therefore not increase demands upon existing public facilities, including roads. Laula Road, in its existing condition,has supported the residential use of the property for all of these years and this will not change as a result of this change of zone, should it be approved. Therefore, no improvements to Laula Road is recommended aside from providing future road widening along the frontage of the property in anticipation that Laula Road could be widened to local street standards that match the existing right-of-way width of 50 feet for most of Laula Road, as well as a 40-foot future road widening along the rear of the property for the proposed Iwalani Street extension,both of which must be dedicated at no cost to the County when such a demand is made. County water is available to the existing two dwellings but the applicant will be required by the Department of Water Supply to construct off-site and on-site water system improvements prior to Final Subdivision Approval. As there is no municipal sewer system in the area, wastewater is currently disposed of into existing cesspools. Solid waste is currently disposed of at an authorized landfill in Hilo. Electrical and telephone services are available to the site. Police services are located about 4 miles away in downtown Hilo and fire services area located within 2 miles of the property on Kawailani Street. Medical services are available in Hilo. To limit the cumulative impact of the proposed subdivision on area infrastructure, a condition of approval will prohibit a second dwelling and condominium property regime on each lot. The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management Area. The subject property is located over four miles from the shoreline and is not in the Special Management Area. Thus, the property will not be affected by coastal hazards and beach erosion. There are no identified -3- recreational resources,public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources on the subject property. In view of the Hawai`i State Supreme Court's "PASH" and"Ka Pa'akai 0 Ka'Aina"decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: • Investigation of valued resources: No formal archaeological reconnaissance survey, oral history of kama`aina accounts of the area, historical survey of documentary records, or botanical study was included in the application. • The valued cultural, historical, and natural resources found in the rezoning area: The property has been previously graded and has been in residential use for over 30 years. As such, it is anticipated that no historic properties will be affected. A condition of the change of zone will require that the applicant cease work and notify the SHPD should any unanticipated archaeological features or sites be uncovered during the course of development. • Possible adverse effect or impairment of valued resources: Native plants may be destroyed by ground alteration. There is no evidence that the flora in the area are particularly desired or used for cultural practices. • Feasible actions to protect native Hawaiian rights: As stated by the applicant,no gathering is taking place on the site. Thus, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore,no action is necessary to protect these rights. Based on the above findings,the approval of the Change of Zone request from an Agricultural(A-3a) to a Family Agricultural (FA-la)zoned district would result in an appropriate land use pattern that will further benefit the public. The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map) of Chapter 25, Zoning Code, of the Hawaii County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -4- Oipt COUNTY OF HAWAII 5 STATE OF HAWAI I • BILL NO. ORDINANCE (7447u/ti/A) ri'vF"e,`7� AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—THREE ACRES (A-3a)TO FAMILY AGRICULTURAL— 1 ACRE (FA-1a)AT WAIAKEA, SOUTH HILO,HAWAII, COVERED BY TAX MAP KEY 2-4-004:072. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waiakea, South Hilo, Hawai`i, shall be Family Agricultural— 1 acre(FA-1a): Beginning at a pipe set at the southwest corner of this parcel of land, also being a southeast corner of Lot 3-B-1 of Lot 909 of Waiakea Homestead Lots 1st Series,the coordinates of said point of beginning referred to Government Survey Triangulation Station"HALAI"being 18,029.57 feet South and 5,972.02 feet East and thence running by azimuths measured clockwise from true South: 1. 175° 40' 00" 175.00 feet along Lot 3-B-1 of Lot 909 of Waiakea Homestead Lots 1st Series to a pipe set; 2. 265° 40' 00" 737.24 feet along Lot 2 of Lot 909 of Waiakea Homestead Lots 1St Series to a pipe found; 3. 355° 40' 00" 155.00 feet along the west side of Laula Road to a pipe set; -1- Thence, on a curve to the right with a radius of 20.00 feet the chord azimuth and distance being: 4. 40° 40' 00" 28.28 feet along Lot 3-B-1 of Lot 909 of Waiakea Homestead Lots Series to a pipe set; 5. 85° 40' 00" 717.24 feet along same to the point of beginning and containing an area of 2.960 Acres, more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 (2005 Edition),the County Council finds the following conditions are: Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (1) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -2- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAI`I , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -3- COkuna-REZ12-151 jwd 04-04-12 JOSEPH OKUNA CONDITIONS OF APPROVAL CHANGE OF ZONE APPLICATION NO. (REZ 12-000151) A. The applicant(s), successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicants, successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawai`i Revised Statutes, relating to permissible uses within the State Land Use Agricultural District. C. Final Subdivision Approval of the proposed subdivision development shall be secured within five(5) years from the effective date of this change of zone ordinance. D. Restrictive covenants in the deeds of all proposed lots within the property shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owner of the property may also, in addition, impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. E. The applicant shall identify a five(5)-foot wide future road widening setback along the entire property frontage of Laula Road and a forty(40)-foot wide future road widening setback along the entire rear property line for the proposed Iwalani Street extension on the Preliminary and Final Subdivision Plat Maps. To the extent practical,the proposed lots shall be configured to meet the minimum building site area of one (1) acre, exclusive of the required future road widening setbacks. The two future road widening setbacks shall be subdivided and dedicated to the County of Hawaii at no cost upon request. —1— F. All driveway connections to Laula Road shall conform to Chapter 22, County Streets, of the Hawai`i County Code. G. All development-generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. If required, a drainage study shall be prepared and submitted to the Department of Public Works and any required drainage improvements shall be constructed,meeting the approval of the Department of Public Works prior to Final Subdivision Approval. H. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials,be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources - State Historic Preservation Division(DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigative measures have been taken. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. J. The applicant shall comply with all applicable County, State and Federal laws, rules,regulations and requirements, including the Department of Water Supply. K. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. —2— 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). 5. If the applicant should require an additional extension of time, the Planning Department shall submit the applicant's request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation. —3— -off 1 _ m a wan Wm I ALGA ST 11111 A-3a 15,029.57 5 5,972.02' 'NAL'AP AGRICULTURAL-THREE ACRES(A3a) TO FAMILY AGRICULTURAL-ONE ACRE(FA-1a) 2960 ACRES TOTAL A-3a N �tY r Feet - 0 250 500 1,000 1,500 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL- 3 ACRES (A-3a) TO FAMILY AGRICULTURAL- 1 ACRE (FA-1a), AT WAIAKEA, SOUTH HILO, HAWAII MAP PREPARED BY: COUNTY OF HAWAI`I, PLANNING DEPARTMENT TMK:(3)2-4-004:072 DATE:MAR 01,2012 EXHIBIT"A" Joseph Okuna Mao 1321 Z 0 I—. 0 J d. iv— LO a r- Q O L1J 0 O Z 0 N N r ,tt A N LL W 0 W C01) Z .*'� tT,fib s,� f, r t € co r ', s u ,„',0 ..„, . . .. mil) N @ , �tt# � � ,,'� F r A' ?N a r ,� %ri K d k Ni f1 e ti s ;;•'''''4„.5r4t2.',.,,,‘..4 4,, %.,, , ,� n ry( �t a �w �r� I . :. 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