HomeMy WebLinkAboutCOM 0906.000 2014-2016 ` ��\ '• , ;, Randall M.Kurohara
t. Managing Director
William P.Kenoi
Mayor 1r. y: Robert H.Command
�� Deputy Managing Director
County of i
Office of the Mayor
25 Aupuni Street,Suite 2603 • Hilo,Hawaii 96720 • (808)961-8211 • Fax(808)961-6553
KONA: 74-5044 Me Keohokalole Hwy.,Bldg C • Kailua-Kona,Hawaii 96740
(808)323-4444 • Fax(808)323-4440
May 26, 2016
Dru Kanuha, Council Chair
and Members of the County Council
County of Hawai`i
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Kanuha and Members: 1:3
SUBJECT: ✓Change of Zone Application(REZ 16-000203)
Applicant: Chris Brilhante
Request: A-3a to FA-la
Tax Map Key: 2-4-034:044
Amendment to Change of Zone Ordinance No.06-114 (REZ 05-000023)
Applicant: Big Island Candies,Inc.
Request: Amendment to Condition C(Time to Complete Construction)and
Conditions D,E,&F(Roadway Infrastructure Improvements)
Tax Map Key: 2-2-034:066,078,and 079
Change of Zone Application(REZ 16-000204)
Applicant: James Ishii
Request: RS-10 to CN-10
Tax Map Key: 2-2-027:038,039.and 058
As required by Chapter 7, Sec. 6-7.5 (a),Hawaii 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 requests.
WILLIAM P. KENOI
Mayor
MtranscouncilREZ16-203REZ05-023REZ16-204 9c
Enclosures Comm' No.
Ref. To: rP C--
Ref. Date JUt ° 2016
cc: Planning Department
�Q' `` t1`, i\ County of Hawai`i is an Equal Opportunity Provider and Employer.
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
MAY 262016
Dru Kanuha, Council Chair
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Kanuha and Council Members:
SUBJECT: Change of Zone Application (REZ 16-000203)
Applicant: Chris Brilhante
Request: A-3a to FA-la
Tax Map Key: 2-4-034:044
The Windward Planning Commission, at its duly held public hearing on May 5, 2016,
recommended for your approval the proposed legislative bill for a Change of Zone from an
Agricultural-3 acres (A-3a)to a Family Agricultural-1 acre(FA-1a) zoning district for 3.576
acres of land. The property is located at the southwest end of Hoohoaloha Street, approximately
1,500 feet south from its intersection with Ainaola Drive, Waiakea Homestead 2nd Series, 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 a change of zone from an Agricultural-3 acre(A-3a)
zoned district to a Family Agricultural-1 acre(FA-1a) zoning district for 3.576 acres of
land in order to subdivide the property into 3 lots, which will be conveyed to members of
the applicant's family.
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
Hawaii County is an Equal Opportunity Provider and Employer
Dru Kanuha, Council Chair
and Members of the County Council
Page 2
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 change of zone request from A-3a to FA-la will conform to, among
others, the General Plan's Land Use element and Land Use Pattern Allocation
Guide (LUPAG) Map. The Land Use- Agriculture element of the plan seeks to protect
and maintain important agricultural lands from urban encroachment. The subject
property is not classified as important agricultural land. The property currently has one
single-family dwelling and the remainder of the property is used for pasture but is located
in an area for residential urban growth. 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 zoning
district is to provide for a blend of small-scale agricultural operations associated with
residential activities that 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 to
the north, south and west are similarly zoned A-3a. Two properties directly to the east
have been recently rezoned to FA-la. Surrounding properties to the northeast are zoned
A-la. The area consists of agricultural uses, scattered dwellings and vacant lots. A
substantial number of surrounding parcels are less than five acres in size, especially
properties to the north of the subject property.
A change of zone to the FA zoning 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 an existing 20-foot easement with a paved road that connects to
Ho`ohoaloha Street, which is a County owned and maintained street that has a 20-foot
wide pavement road with paved shoulders and swales within a 50-foot right-of-way and
Dru Kanuha, Council Chair
and Members of the County Council
Page 3
in good condition. The newly created lots would have access via a 20-foot wide existing
easement connected to the end of Ho`ohoaloha Street and a newly created roadway
easement within the subject property.
County water is available from an existing 6-inch waterline fronting the subject
property. As there is no municipal sewer system in the area, wastewater will be disposed
of through individual wastewater system(s)meeting with the State Department of Health.
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
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 bulldozed and cleared, and is currently in
residential use. A condition of the change of zone will require that the applicants
cease work and notify the SHPD should any unanticipated archaeological features
or sites be uncovered during the course of development.
Dru Kanuha, Council Chair
and Members of the County Council
Page 4
• Possible adverse effect or impairment of valued resources: Native plants maybe
destroyed by ground alteration. There is no evidence that the flora in the area are
particularly desired or used for cultural practices.
• Feasible actions to protect native Hawaiian rights: As stated by the applicants, no
gathering is taking place on the site. Thus,to the extent to which traditional and
customary native Hawaiian rights are exercised, the proposed action will not
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)zoning 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 Hawai`i County Code, is provided for your favorable
consideration. Please note the proposed conditions of approval attached to the draft bill.
We are enclosing copies of the staff Background, Planning Director's Recommendation, the
Power point presentation and a draft transcript of the hearing for your information.
Sin ,ere y,
f 44
Char .s He.. A lani, Chairman
dward Planning Commission
LBrilhanteREZ 16-203 wpc2
Enclosures
cc: Chris Brilhante
Zendo Kern, Planning Consultant
Department of Public Works
Department of Water Supply
Department of Land &Natural Resources-HPD
William Brilhante, Esq., Corporation Counsel
BBrilhante-REZ16-203.jwd 04-15-16
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
CHRIS BRILHANTE
CHANGE OF ZONE APPLICATION (REZ 16-000203)
CHRIS BRILHANTE has submitted an application for a Change of Zone from an
Agricultural-3 acre (A-3a) to a Family Agricultural-1 acre (FA-1a) zoning district for 3.576 acres
of land. The property is located at the southwest end of Ho`ohoaloha Street, approximately
1,500 feet south from its intersection with Ainaola Drive, Waiakea Homestead 2nd Series, South
Hilo, Hawai`i, TMK: 2-4-034:044.
PROPOSED ACTION
1. Request: The applicant is requesting a change of zone from an Agricultural 3-acre
(A-3a) to a Family Agricultural-1 acre (FA-la) zoning district for 3.576 acres of land to
subdivide the property into 3 lots. The newly created lots would have access via a 20-
foot wide existing easement connected to the end of Ho`ohoaloha Street and a newly
created roadway easement within the subject property.
2. Reason for Request: The applicant is requesting the change of zone in order to
subdivide the property into 3 lots. According to the applicant, the lots are intended to be
conveyed to members of the applicant's family. Upon approval of the change of zone,
the applicant plans on having the land subdivided by the middle or latter part of next
year. (Planning Department Exhibit 1 - Change of Zone Application)
STATE AND COUNTY PLANS
3. Ordinance 14-103: The Hawai`i County Council approved Ordinance 14-103 by
changing the district classification from Agricultural-1 acre (A-la) and Agricultural-3
acre (A-3a)to Family Agricultural-1 acre (FA-la) for TMK: 2-4-034:046. This property
is in close proximity to the subject property.
4. Ordinance 15-034: The Hawai`i County Council approved Ordinance 15-034 by
changing the district classification from Agricultural-3 acre (A-3a) to Family
Agricultural-1 acre (FA-la) for TMK: 2-4-034:045. This property adjoins the subject
property to the east.
STATE AND COUNTY PLANS
5. State Land Use Designation: Agricultural.
6. County Zoning: Agricultural-3 acres(A-3a).
7. GP LUPAG Map: Low Density Urban.
8. 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-3a and A-la, and as an area for alternate residential expansion.
9. Special Management Area (SMA): The property is not located within the Special
Management Area(SMA) and is approximately four(4)miles from the coastline.
DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA
10. Subject Property: The subject property is rectangular in shape and is 3.576 acres in
size. Currently, there is one single-family dwelling located on the east side of the
property. The remainder of the property is vacant of structures and used for pasture.
11. Surrounding Zoning/Land Uses: Surrounding properties to the north, south and west
are similarly zoned A-3a. Two properties directly to the east have been recently rezoned
to FA-la. Surrounding properties to the northeast are zoned A-la. The area consists of
agricultural uses, scattered dwellings and vacant lots.
12. ALISH: Unclassified.
13. Land Study Bureau's Detailed Land Classification System: "C" or"Fair" and"D"or
"Poor".
14. 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.
15. FIRM: Zone "X", an area determined to be outside the 500-year flood plain.
16. Flora/Fauna Resources: No professional surveys were conducted of the site.
According to the applicant, the site's vegetation is pretty much dominated by grazing
grass typically called "Wainaku", as well as some invasive trees like African Tulip and
Albizia. According to the applicant, they do not believe that any rare or endangered
floral or faunal resources are likely to be found within the site. Additionally, the site is
not known to be a habitat for any rare or endangered animal life.
-2-
17. Historical/Cultural/Archaeological Resources: According to the applicant, as the site
has been previously bulldozed and cleared no commissioned archaeological survey of the
site was made. A request for comments was sent to the Department of Land and Natural
Resources-State Historic Preservation Division(DLNR-SHPD) on February 2, 2016 from
the Planning Department. As of the date of this writing, the Planning Department has not
received a response.
18. 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
19. Access: Access to the property is from an existing 20-foot easement with a paved road
that connects to Ho`ohoaloha Street, which is a County owned and maintained street that
has a 20-foot wide pavement road with paved shoulders and swales within a 50-foot
right-of-way and in good condition.
20. Water: County water is available from an existing 6-inch waterline fronting the subject
property.
21. Wastewater System: There is no municipal sewer system available in the area.
Wastewater will be disposed of through individual wastewater system(s)meeting with
the State Department of Health
22. Solid Waste: Solid waste will be disposed of at an authorized landfill in Hilo.
23. Essential Utilities and Services: Electrical, telephone and cable services are available to
the property. Police services are located in downtown Hilo, about 4 miles from the
property. Fire services are on Kawailani Drive. Medical services are available in Hilo.
AGENCIES' AND ORGANIZATIONS' COMMENTS
24. Department of Public Works: (Planning Department Exhibit 2—February 2,2016
Memo)
25. Department of Water Supply: (Planning Department Exhibit 3—February 11, 2016
Memo)
26. Department of Environmental Management: (Planning Department Exhibit 4—
February 3 & 112016 Memos)
27. Police Department: (Planning Department Exhibit 5—February 9, 2016 Memo)
-3-
28. Fire Department: (Planning Department Exhibit 6— February 5, 2016 Memo)
29. Department of Land and Natural Resources-Land Division: (Planning Department
Exhibit 7—February 25,2016 Letter)
30. Department of Health: (Planning Department Exhibit 8—February 8, 2016 Memo)
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-
L�111 if :far 77. D 2 n+
cJ 1�`._
1 L •
APPLICATION
FOR
COUNTY REZONING
(A-3a TO FA-1a)
CHRIS BRILHANTE
Waiakea, South Hilo, Hawaii
TMK: (3) 2-4-034-044
Prepared For:
Chris Brilhante
Prepared By:
Zendo Kern, Planning Consultant
November 25, 2015
Planning D . ; i•
Exhibit I -T
COUNTY ENVIRONMENTAL REPORT
COUNTY REZONING REQUEST (A-3a to FA-1a)
CHRIS BRILHANTE
WAIAKEA, SOUTH HILO, HAWAII
TAX MAP KEY: (3) 2-4-034: 044
INTRODUCTION
Chris Brilhante ("applicant") is requesting the rezoning of a 3.576 acre
parcel from the Agriculture (A-3a) to Family-Agriculture (FA-1a) district in
Waiakea Homesteads, South Hilo, Hawai'i. The property is located at the
southwest end of Ho'ohoaloha Street, approximately 2,500 feet from its
intersection with Ainaola Drive. The Waiakea Uka Park is located on the
north side of Ainaola Drive, almost opposite of Ho'ohoaloha Street. It is
adjacent and immediately west of a 3+ acre site that was recently rezoned to
the FA-1 a district. (Figures 1 and 2).
If approved, the applicant intends to subdivide the 3+ acre parcel into three
(3) lots, consisting of a minimum of 1-acre each. At this time, the lots are
intended to be conveyed to the applicants' children.
II. PROJECT LOCATION
As noted earlier, the subject property is located at the southwest end of
Ho'ohoaloha Street, approximately 2,500 feet from its intersection with
Ainaola Drive. The County Waiakea Uka Park is located on the north side of
Ainaola Drive, near its intersection with Ho'ohoaloha Street. There are a
number of residences on 1-acre sized lots within the subdivision, as well as
a convenient store and related urban uses adjacent and makai or west of
Ho'ohoaloha Street. A property (Melvin and Brenda Morris) situated
immediately east of the subject property was recently rezoned into the FA-1a
district. (Figures 1 and 2).
The entire property is rectangle in shape, with a paved road and utility
easement connecting it to Ho'ohoaloha Street.
III. PROJECT DESCRIPTION
A. Project Concept and Components
The subject site consists of 3.576 acres and has one single-family
dwelling located on the east end of the property. The applicant wishes
to subdivide the subject property into three (3) lots and eventually
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convey them to members of his family. If approved, the proposed lots
would consist of a minimum of 1 acre in size. As proposed, the newly
created lots would have access via a 20-foot wide existing easement
connected to the end of Ho'ohoaloha Street and a newly created
roadway easement located within the subject property. (Figure 3)
It is understood that the subdivision plan submitted herein may have
to 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.
Tentatively, plans call for having the land subdivided by the middle or
latter part of next year (2016). The estimated cost of improvements for
this project should be reasonable based on the necessary
improvements. A newly created road and utility easement will be
brought to County standards. Two additional water meters will be
required to service the newly created lots, which the Department of
Water Supply will make available to the applicant.
IV. INSTITUTIONAL CONSIDERATIONS
A. State Land Use
The subject site is designated Agriculture. Based on the proposed lot
size, no State Land Use Commission action is required. The County
of Hawai'i can process the rezoning request.
B. County General Plan
The County General Plan Land Use Pattern Allocation Guide
("LUPAG") map designates the subject site as Low Density Urban.
This designation allows consideration for uses that are single-family
residential in character, ancillary community and public uses and
convenience type of commercial uses.
The proposed family-agricultural subdivision resulting in three (3) lots
would be consistent with the Low Density Urban designations. As
such, no General Plan amendment would be required to effectuate
this project.
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FIGURE 3
C. Hilo Community Development Plan
The Hilo CDP was adopted by the Planning Commission in 1975 over
25 years ago and intended to further define the General Plan and
provide short and middle range implementation strategies of the
General Plan. Since the adoption of the Hilo CDP, there have been
significant land developments in the City of Hilo, including the
shopping complexes in and around the Puainako/Kanoelehua
Intersection, expanded commercial uses near the University
complexes and commercial/industrial uses along the southern portion
of the Waiakea Houselots area. These developments render many of
the CDP land use concepts obsolete.
Although the document was reviewed by the County Council, the CDP
was never adopted by ordinance. The CRP's Land Use Concept Map
identified this area as A-3a, which is inconsistent with the County
General Plan LUPAG map. The LUPAG map has been amended to
reflect a Low Density Urban designation and as such, some of the
planning assumptions reflected in the 1975 CDP are now obsolete.
The GP LUPAG map therefore is a more accurate land use depiction
of the affected properties and surrounding lands. The County Charter
requires all change of zones to be consistent with the designation in
the General Plan. In this case, the GP LUPAG designation is Low
Density Urban, and thus, the requested FA-la zoning would be
consistent.
D. County Zoning
The County zoning of the subject property is Agriculture (A-3a).
Although there are a number of A-3a zoned properties in this vicinity,
there are also a number of Agriculture (A-la) zoned properties
adjacent to the site, as well as commercial and single-family
residential zones proximate to the site. As noted earlier, the adjoining
property to its east was recently rezoned into the FA-1 a district.
(Figure 4)
If approved, the site would be subdivided in a manner generally
meeting with both the Zoning and Subdivision Codes.
Notwithstanding the subdivision requirements, all uses and standards
consistent with the requested FA-la zone would be adhered to.
3
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11
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—v I1Ii .I i( — aG2�,� m ' "t`a .
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1
SUBJECT SITE
FIGURE 4
E. Relationship to SMA Objectives and Policies
The site is not located within the County Special Management Area
(SMA). No SMA Use Permit is required. However, as the entire
island falls within the Coastal Zone Management (CZM) Area, a
discussion of the request's relationship to the CZM Program follows.
The site is not adjacent to the ocean. It is more than five (5) 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 applicant and/or its predecessor for residential use and some
measure of cattle grazing. 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 during any land clearing activity.
The proposed action will eventually involve the construction of
improvements (particularly dwelling units) in a quasi-urban setting.
Accordingly, there is a potential visual impact to the area's scenic and
open space resources. However, the project would involve the
construction of, at most, a single-family dwelling on each of the
proposed lots. Further, as the site is on the south side of Ainaola
Drive, any structures on the site should not visually affect the view of
Mauna Kea or Mauna Loa from either Ainaola Drive or Ho'ohoaloha
Street.
Relative to the Coastal Ecosystems, impacts should be negligible, if
at all, as the site is located well over five (5) miles from the ocean.
Notwithstanding the distance, the nature of the project — family
agricultural — and the construction of only three (3) private wastewater
systems is such that any potential coastal ecosystem impacts should
not be found.
The proposed action will result in creating the potential for family-
agricultural lots in this area. This should thus provide additional
opportunities for small-scale farming. In so doing, the project could
aid the agricultural economy and the overall economic use of this site
and the area in general.
4
Because of its distance from the shoreline, the site should not be
subject to coastal hazards. Relative to the managing development
objective, this function is more applicable to the "authority" or
approving agencies. However, it is noted that the request would
operate and be constructed within the scope of the Zoning Code. The
subject site would be zoned FA-la, and the requested use and
design/parameters (parking, height, setback, etc.) would be consistent
with said zoning. In that regard, the project would be consistent with
this policy.
Finally, in terms of the public participation objective, this is generally
a public agency function. This is achieved through the Marine and
Coastal Zone Management Advisory Group (MACZMAG) and the
public hearing process required pursuant to the Planning
Commission's Rules and County Council's meetings on this
application. Notices of this application will become available through
the posting of a sign on the property, as well as sending two (2)
notices to surrounding property owners, one at the time the application
is filed 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, other permits would still be required. These would
be of the "ministerial" variety, such as Subdivision Approval, Building
Permits and the like.
V. ENVIRONMENTAL CONSIDERATIONS
A. General Description
The parcel is generally rectangle in shape, with a 20-foot wide paved
access road to Ho'ohoaloha Street. The site has one single-family
dwelling occupied by the applicant and his family on the east end of
the parcel. Other than the single-family dwelling the site is vacant of
any other structures and used essentially for pasturage.
The site is situated at about the 720-foot elevation level. The site
rises from Ho'ohoaloha Street, with the highest point being at the
5
southeastern end of the property. In spite of the gradual rise, there
does not appear to be any topographic constraint in developing and
utilizing the site for three (3) 1-acre sized lots.
There are homes proximate to and within the 1-acre lot subdivision
leading to the subject site. The general area has more of a rural
residential feel to it.
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.
B. Soils and Topography
According to the Natural Resource Conservation Service's Land Study
Bureau Overall Master Productivity Rating, the site appears to have
dual designations. There is about 50% of the project designated "C"
or "fair" located on the west side of the site, while the remaining area
falls into the "D" or "poor" category.
Both soils are of the Olaa Series, which is characterized by
moderately deep soil with moderately fine texture. Further the Olaa
series is well drained but moist and poorly suited for machine tillability.
The runoff is medium and the erosion hazard is slight.
Again, because of the general nature of maps, the project site appears
to have dual designations under the Agricultural Lands of Importance
to the State of Hawaii (ALISH) classification system. It appears that
about 50% of the site is classified as "1" (Prime Lands) and the
remaining area is "unclassified".
As noted earlier, the topography of the site slopes in an east to west
direction, with the lower portion being at the west end. The slope
appears to be between 10 to 15 percent.
C. Natural Hazards
1. Drainage
The Federal Emergency Management Agency (FEMA) Flood
Insurance Rate map (FIRM) identifies the majority of the project
6
area as Zone "X" (areas outside of the 500-year flood). There
are no existing drainage ways on the site.
The applicant has not observed any significant runoff or erosion
in the recent past on the subject site. Pursuant to County
drainage requirements, appropriate drywell and/or similar
means to capture runoff from any improvements will be built, if
necessary, in conjunction with the appropriate permitting
process.
2. Volcanic, Earthquake and Tsunami 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 Building Code designates the entire
island of Hawai'i Earthquake Zone "D" and contains certain
structural requirements to address the relative seismic hazard.
All structures would have to comply with this standard.
3. Tsunami Hazard
As the site is located over five (5) miles from the ocean, it is
located outside of the Civil Defense's Tsunami Evacuation
Zone.
D. Flora/Fauna
Although there were no professional surveys conducted of the floral or
fauna resources of the site, the applicant does not believe that rare or
endangered floral or fauna resources are likely to be found within the
subject site.
The site's vegetation is mostly dominated by grazing grass typically
called "Wainaku", as well as some invasive trees like the African Tulip
and Albizia. Thus, floral impacts should be minimal.
The site is not known to be a habitat for any rare or endangered
animal life. Given its elevation, however, it would be possible to find
the Hawaiian Hawk (I'o) and the Hawaiian Owl (Pueo). Further, the
rural nature of the surrounding areas would make it less likely to find
endangered animal life in this area.
7
E. Historic/Cultural/Archaeological Resources
As the site was formerly bulldozed and cleared, no commissioned
archaeological survey of the site was made. However, if needed, an
archaeological monitoring plan can be prepared and implemented in
conjunction with further land clearing activity.
Furthermore, in the event any inadvertent discoveries are made during
any land disturbance activity relating to this project, work will cease
and the applicant will immediately notify the Planning Department and
the 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,
as well as the 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. The applicant has not observed 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.
H. Water and Coastal Resources
The subject site is located well over five (5) miles from the coastline.
As such, coastal impacts resulting from discharge of wastewater
8
systems from the site should not be significant. Further, being a non-
coastal property, no coastal access will be affected.
Septic tanks or their equivalent meeting with the approval of the State
Department of Health will be installed in conjunction with the
construction of any dwelling on the site.
Noise, Air Quality, and Dust
Ho.ohoaloha Street will serve as the main access to all of the
proposed lots. The existing ambient traffic level in this area is quite
low. As such, the corresponding noise level should be quite low. With
the completion of this project, the noise level is not anticipated to
increase significantly.
There may, however, be short-term noise impacts associated with the
construction of any required infrastructure or dwellings on the
proposed lots. In that event, contractors will be required to comply
with appropriate noise and related mitigation measures of the State
Department of Health.
The proposed development should not generate any direct air quality
impacts. The only discernible air quality impact could be associated
with the vehicular traffic to and from the site. While there will be an
impact to the ambient air quality, the impact should not be significant,
as the project will increase the density by only two (2) additional units.
Further, with higher EPA standards for automobile air emissions, the
air quality impact should therefore not be significant.
As such, with the exception of potential construction dust associated
with any future dwelling, the short and long term dust generated by the
project should be minimal. Construction dust, however, like
construction noise will have to comply with the State Department of
Health's regulations.
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, such as the view of Mauna Kea.
9
In this situation, the views of Mauna Kea from either Ho'ohoaloha
Street or Ainaola Drive would not be affected, as they are situated
north of the subject site.
VI. SOCIAL AND RELATED CONSIDERATIONS
A. Surrounding Land Uses
The land use in this area is generally rural/urban in nature. There are
some small family-type cattle grazing lands on some of the properties
situated on the west and south side of the subject site. Those
properties are zoned A-3a and A-10a. However, the subdivision
adjacent to the subject site as well as properties makai or east of that
subdivision are zoned A-la. The adjoining property to the east is also
zoned FA-la. There are also single-family residential and commercial
zoned properties adjacent to the adjoining subdivision. (See Figure
4)
Given the existing and zoned conditions, the proposed rezoning and
the three (3) 1-acre lot subdivision would not be incongruous with the
emerging rural-urban pattern of this area.
B. Economic Impacts
The requested zoning would have some measure of limited economic
impact, as it would make two (2) additional fee simple lots with some
measure of agricultural potential more readily available. Although the
project is intended to address the applicants' family, it would still
enable the ultimate user the opportunity to engage in some sort of
limited agricultural activity.
Further, there will be some small short-term construction activity. This
could help with the area's economy.
C. Agricultural Impacts
As noted earlier, the site has been and continues to be used for some
limited measure of agricultural activity in the form of cattle grazing. In
that regard, it has been granted an agricultural usage assessment.
Thus, its continued potential exists.
Notwithstanding the limited agricultural use of the subject site, the
surrounding 1-acre lot subdivision is not being used agriculturally.
Some of the other properties that are zoned either A-3a or A-10a are
10
used for limited grazing or agricultural activity. Thus, the creation of 2
additional lots should not diminish the site's agricultural potential nor
have an impact on any active farms in this general area.
VII. INFRASTRUCTURAL CONSIDERATIONS
A. Road
Access to the project would be from an existing 20-foot easement with
a paved road off of Ho'ohoaloha Street which has a right-of-way of 50
feet with a 20+ feet of pavement. As the entire right-of-way is also
paved, it makes the roads appear even wider. This street has been
dedicated to the County.
There will be a newly created 20-foot easement to access the two
additional lots; the easement will be of the same nature of the existing
20-foot easement. The new easement and roadway will comply with
county code including the fire code.
B. Water
There is a County water line fronting Ho'ohoaloha Street. Additional
water meters will be required to service each of the newly created lots.
The Department of Water Supply has said that they would make the
two additional water units available for the project.
C. Wastewater
There is no County wastewater system in this area. As noted earlier,
a septic tank system meeting the approval of the Department of
Health would be allowed in this area. This will be done by the
respective landowner in conjunction with the construction of a
dwelling.
D. Solid Waste
Solid waste will be handled through commercial haulers or the
individual homeowners into authorized landfill sites or transfer
stations. With the requested FA-la zoning, the potential for uses with
toxic or related chemical waste would be minimal, if at all. Further,
most if not all agricultural waste will be retained and utilized on the
property.
11
E. Other Government Services
As this area is already part of the Hilo urban area, it is already being
serviced. No extension of government services would be required.
The nearest fire station is located at Kawailani Street, less than three
(3) miles from the site. The Police Station is located in the city center,
approximately five (5) miles from the subject site
Public school (K-12) is available at the Waiakea Complex, less than
three (3) miles from the site. County parks are available along Ainaola
Drive, less than 1 ,000 feet away.
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 area of the
proposed rezoning would probably continue in less than intensive
level of agriculture in the form of cattle grazing. The applicant would
not have an opportunity to create a rural sized lot with some measure
of agricultural potential for their family.
From a long-term productivity standpoint, then, the proposed
additional two (2) lots could provide a heightened level of possibility in
having the land used for more intensive, although on a smaller scale,
agricultural activity while providing residential opportunity for family
members.
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.
12
The soil on the parcel has as dual classification of "C" or fair and "D"
or poor by the Land Study Bureau. Yet, there is always a potential for
possible small-scale agricultural activity on the site. It is reasoned that
the creation of the 3-lot subdivision should help foster and not remove
this land from its agricultural potential.
Further, it is not likely that the site has any significant archaeological
features, this is evidenced by the prior grading of the site. Again, if
needed, a monitoring program can be conducted during any land
disturbance activity.
C. Mitigative Measures
The applicant intends to make improvements, if required, generally
consistent with the subdivision process. Further, if there is any
construction activity, 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 will be secured
before work is resumed.
There is no existing drainage way on the property. Any and all
required grading or grubbing work would be done in conjunction with
the required permits and/or a SCS Agricultural Plan. This is to assure
that the development 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
limited cattle grazing and residential status. The applicant
would also not be able to reasonably facilitate their estate
planning.
1
2. Alternative Density
Under this alternative, the applicant could seek a more
intensive zoning, such as RA-.5a or possible RS-10 zoning,
given the LUPAG Low Density Use classification of the site and
RS and CN zonings proximate to this area. These zoning
categories would arguably be consistent with some of the
surrounding zonings.
Such an approach, however, may not be compatible with the
policy of trying to foster more family-oriented type of agricultural
activities, while being generally compatible with the surrounding
low-density rural/urban uses.
3. Evaluation of Alternatives
The project's impacts to the area's social and physical
infrastructure would not be pronounced. Certain mitigative
measures could be taken to address any possible impacts
associated by the development of this project. Further, the
project would be consistent with the land use objectives sought
to be accomplished by the County General Plan LUPAG map.
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 Hawai'i. It provides direction for
balanced growth in the County. The LUPAG map designates the site
Low Density Urban. This designation allows 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 limited short-term economic opportunities
largely through the construction of any improvements required for the
subdivision. More importantly, however, longer-term opportunities
14
would be created largely in the form of small-scale family-agricultural
farms. In so doing, the resultant project should add revenues to the
County and State coffers.
The project intends to be energy conscious through the use and/or
encouragement of solar energy and design features to take advantage
of 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 violate any of those objectives.
Aside from the very limited vehicular transmission, air pollution
associated with the project should be negligible. All wastewater
systems would be consistent with the requirements of the State
Department of Health. This should be sufficient to address any
potential groundwater or coastal water impacts.
If required, while not necessary for a project of this nature and size, a
solid waste management plan could be prepared and implemented.
The project will also be minimal in noise, except as may be associated
with the limited cattle grazing or farming operations. Any noise-
generating facility, such as air conditioners, would be carefully placed
to minimize their noise impacts to adjoining properties. Further, it is
unlikely that this site would be used as a processing plant, as it would
be more economical to send products elsewhere.
The project area is outside of any flood way. Nonetheless, if required,
a drainage system will be designed and constructed (especially in
conjunction with the subdivision approval process) 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-1a zoning would allow a dwelling, the project will indirectly
fulfill the objectives of the housing element by creating two (2) more
lots. The Plan also emphasizes that developments be mindful of an
area's natural beauty. In this situation, the project —with the
protective conditions —will be used in a manner where it blends with
the existing terrain.
As the project site is more than five (5) miles from the ocean, the
usual coastal resources concern is not pronounced. There will be no
interference with shoreline access. Then, also, through the use of a
septic system or other acceptable form of wastewater system, impacts
to the coastal water will be minimized.
There will be marginal impact to public facilities. The wastewater
system will be private, and the county water line exists to the site.
Vehicular access to the site is already fully improved to County
dedicable standards and accessible by emergency vehicles. 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
• Protect and encourage the intensive utilization of the County's
limited prime agricultural land
• 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
16
• The compatibility of agricultural and non-agricultural uses should
be carefully reviewed and where appropriate, buffers required
• Rural-style residential-agricultural developments, such as new
small-scale rural communities or extensions of existing rural
communities, shall be encouraged in appropriate locations
• 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 Urban
designation of the LUPAG map. It would also be generally compatible
with the surrounding area. There are many 1-3-acre lots adjacent to
and makai of the subject site. There are A-la zonings makai and to
the north. There are also a County park, single-family residences,
apartments, and a store less than a thousand feet from the site.
The soil of the site is classified "C" or fair and "0" or poor by the Land
Study Bureau. As such, while the resource is not high, there still is
some agricultural potential. This request, however, should actually
encourage more intensive agricultural activities on the site. The lot
size would be conducive to the applicant's needs for a residence and
family type of farm for its family members.
The property has no severe topographic or geologic problems that
would render the land unusable for the proposed subdivision and
activity.
C. Hilo Community Development Plan
As noted earlier, the Hilo CDP was adopted by the Planning
Commission in 1975 over 25 years ago and intended to further define
the General Plan and provide short and middle range implementation
strategies of the General Plan. Since the adoption of the Hilo CDP,
there have been significant land developments in the City of Hilo,
including the shopping complexes in and around the
Puainako/Kanoelehua Intersection, expanded commercial uses near
the University complexes and commercial/industrial uses along the
southern portion of the Waiakea Houselots area. These
developments render many of the COP land use concepts obsolete.
Although the document was reviewed by the County Council, the COP
was never adopted by ordinance. The CDP's Land Use Concept Map
identified this area as A-3a, which is inconsistent with the County
17
General Plan LUPAG map. The LUPAG map has been amended to
reflect a Low Density Urban designation.
As such, some of the planning assumptions reflected in the 1975 CDP
are now obsolete. The GP LUPAG map therefore is a more accurate
land use depiction of the affected properties and surrounding lands.
The County Charter requires all change of zones to be consistent with
the designation in the General Plan. In this case, the GP LUPAG
designation is Low Density Urban, and thus, the requested FA-la
zoning would be consistent.
D. 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 generally be complied, including use and related development
standards. These include the possible incorporation of appropriate
restrictive covenants relating to density, use, and design restrictions.
E. 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.
18
ni
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO, HAWAII V�_: .'1 411
DATE: February 11, 2016
Neateneifeettiat
TO: Duane Kanuha, Planning Director
42-4
FROM: Department of Public Works, Engineering��"' 9 g Division
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 16-000203)
Applicant: Chris Brilhante
Request: A-3a to FA-la
Tax Map Key: 2-4-34: 044
We have reviewed the subject application forwarded by your memo dated February 2,
2016 and offer the following comments for your consideration.
The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map
(FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area
determined to be outside the 500-year floodplain.
Access to the subject parcel is via Hoohoaloha Street, a County street with a right-of-way
of 50 feet wide with paved shoulders and swales in good condition.
Questions may be referred to Kelly Gomes at ext. 8327.
Planning Dept.
Exhibit_
f±
FEB ` 2Q1
.103593
County of Hawaii is an Ponal Clnnnrtnnit,Prnvirler anri Fn,nln.Pr
ca .
O+
919 49`
l El=, . k MENT OF WATER SUPPLY COUNTY OF HAWAII
KEKtJAN,AO'A STREET. SUITE 20 HILO, HAWAII 96720
TELEPHONE (8001 961-8050 FAX (8081 961 -8657
February 11, 2016
= c7J
TO: Mr. Duane Kanuha, Director
Planning Department
FROM: Keith K. Okamoto, Manager--Chief Engineer 3
SUBJECT: Change of Zone Application (REZ 16-000203) --c
Applicant-Chris Brilhante -r
Request: A-3a to FA-1 a
Tax Map Key 2-4-034:044
We have reviewed the subject application and have the following comments and conditions.
Water can be made available from the existing 6-inch waterline within Hoohoaloha Street fronting the
subject parcel in accordance with the Department's existing water availability conditions, which are
subject to change without notice. Each unit of water is equal to an average of 400 gallons per day
which is suitable for only one single-family dwelling.
Please be informed that the subject parcel is currently served by an existing meter (Account
No. 184-72956). The Department requests that the plat map he revised to show the existing meter with
the meter number. The applicant will be required to designate, in writing, which lot within the
proposed subdivision will be assigned the existing service, prior to recommending final subdivision
approval. Should the existing meter location not front the parcel that it will serve, the existing meter
would need to be relocated to comply with the Department's Rules and Regulations.
Therefore, pursuant to Rule 5 of the Department's Rules and Regulations, a copy of which is being
forwarded to the applicant, a water commitment may be issued. Based on the two (2) additional units
requested in the proposed 3-lot development, the required water commitment deposit is $300.00.
Remittance by the applicant of the $300.00 is requested as soon as possible so that a water commitment
may be formally issued. The commitment will be in writing with specific conditions and effective
dates stated. Please keep in mind that this letter shall not he construed as a water commitment. In
other words, unless a water commitment is officially effected. water availability is subj e to change
without notice. depending on the water situation. � �annillg Sep
Exhibit__,,,,�_r,_
For your information, final subdivision will be subject to the following conditions:
SCANNED
FEB 1 6 2016
Y�
xx,,+��-��y F 10360
miner,ter, Our Most Precious*source . . . a`141ai 9 `pane . .
The Department'f iNarer Supp!,is an Equal Opportunity provider and employer,
'Mr. Duane Kanuha, Director
Page 2
February 11, 2016
1. Construct necessary water system improvements, which shall include, but not be limited to:
a. extension of the existing water mains capable of delivering water at adequate pressure
under peak-flow and fire-flow conditions; the minimum diameter of which shall be 6
inches,
b. service laterals that will accommodate a 5/8-inch meter to front each lot,
c. installation of a fire hydrant within 300 feet of each lot, and
d. 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.
Submit construction plans, prepared by a professional engineer licensed in the State of Hawai`i,
for review and approval.
2. Remit the prevailing facilities charge balance, which is subject to change, as shown below:
FACILITIES CHARGE (FC):
One (1) existing service paid
Two (2) additional units at $5,500.00/unit 11,000.00
Total FC $11,000.00
This is due and payable upon completion of the installation of the required water system
improvements and prior to final subdivision approval being granted.
For your information, water commitment deposits are credited towards the final facilities
requirement for the development. Note that the amount of water commitment deposit may
exceed the prevailing facilities charge amount; for example, when requests for time extensions
continue and are approved. Until the development is finally completed, these are separate and
unrelated items. In the event that water commitment deposits exceed the facilities charge, no
refunds are applicable.
3. Submit the appropriate documents, properly prepared and executed, to convey the subdivision
water system improvements and necessary easements to the Water Board of the County of
Hawai`i prior to final subdivision approval being granted. A registered land 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.
'Mr. Duane Kanuha, Director
Page 3
February 11, 2016
Should there be any questions, please contact Mr. Troy Samura of our Water Resources and Planning
Branch at 961-8070, extension 255.
Sincerely yours,
6{‘AtkUtb
Keith K. Okamoto, P.E.
Manager-Chief Engineer
TS:dfg
copy - Mr. Chris Brilhante
+.tri\ :+ --> B3 Leit ij ad Todd
William P.Kenoi �
Mayor =- t` •
Director
�`' •�+�►�• Jl initC Medeiros
Walter K.M.Lau 'oi N� - olu
Managing Director �epn[�Director
County in Aaluall
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
345 Kekaanao`a Street,Suite 41 • Hilo,Hawaii 96720
(808)961-8083 Fax(808)961-8086
MEMORANDUM
Date : February 3,2016
To : DUANE KANUHA, Planning Director
From: BJ LE1'1'HEAD TODD,Director /TJX'
Subject: Change of Zone App(REZ 16-000203)
Applicant: Chris Brilhante
Request: A-3a to FA-la
TMK: 2-4-034:044
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. 0
( ) 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. m
( ) Construction and demolition waste is prohibited at all County Transfer Stations. C
() 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 a K
current status. LJJ
( ) Other:
SCANNED
FEB 1 7 2016
13 County of Hawaii is an equal Opportunity Provider and Employer. (°1
a
° ry
o
William P.Kenoi •
: •• • BJ Leithead Todd
+• � ;•., }
Mayor -- - - Director
Walter K.M.Lau N. John A.Medeiros
Managing Director (.'._. ��� j Deputy Director
V!
Ca� Ha a'i
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
345 Kekuanao`a,Suite 41 • Hilo,llawai'i 96720
(808)961-8083 •Fax(808)961-8086
MEMORANDUM
Date : February 11,2016
To : DUANE KANUHA,Planning Director
From: BJ LEITHEAD TODD, Director 4. 1
Subject: Change of Zone App(REZ 16-000203)
Applicant: Chris Brithante
Request: A-3a to FA-la
TMK: 2-4-034:044
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:
Lyle Hirota :;.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
Hawaii County Code.Complete Sewer Extension Application.
( ) Require extension of the sewer system to service the proposed subdivisionin 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:
County of Hawaii is an Equal Opportunity Provider and Employer.
4O.'a�Y OF h� 7�.
William P.Kenoi ylalr Harry S.Kubojiri
Mayor Chief
t„S*° Police Chi
os Paul K.Ferreira
Deputy Police Chief
County of Hawai'
POLICE DEPARTMENT
349 Kapi'olani Street • Hilo,Hawaii 96720-3998
(808)935-3311 • Fax(808)961-2389
February 9, 2016 -
r
3
TO : DUANE NUHA, P NING DIRECTOR - a
FROM : HEN Y AVAR, ., ASSISTANT POLICE CHIEF -t
ARE I PERATIO
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 16-000203)
APPLICANT: CHRIS BRILHANTE
REQUEST: A-3A TO FA-1A
TAX MAP KEY: 2-4-034:044
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 Richard Sherlock, Hilo Patrol, at 961-
2214
RS:IIi
160089
Planning Dept,.
Exhibit 5
FEB I 1 257 ,": -/016
"Hawai'i County is an Equal Opportunity Provider and Employer' 1 di 3
William P. Kenoi ,""',�`"94 '
( c� :9, 11 Darren J. Rosario
Mayor s' y�. i, Fire Chief
- = "" Renwick J. Victorino
i ay Depot),Fire Chief
..„.„)
County of ji9Mua.t`i
HAWAII FIRE DEPARTMENT
25 Aupuni Street•Suite 2501•Hilo,Hawaii 96720
(808)932-2900•Fax(808)932-2928
February 5, 2016
TO: DUANE KANUHA,PLANNING DIRECTOR
FROM: DARREN J. ROSARIO, FIRE CHIEF
SUBJECT: Change of Zone Application(REZ 16-000203)
Applicant: Chris Brilhante
Request: A-3a to FA-la
Tax Map Key:2-4-034:044
In regards to the above-mentioned Change of Zone application, the following shall be in
accordance:
NFPA 1, UNIFORM FIRE CODE,2006 EDITION
Note: Hawai`i State Fire Code, National Fire Protection Association 2006 version, with County
of Hawai`i 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 4,:
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 0NI
may require additional safeguards including, but not limited to, additional fire appliance units,
CD
more than one type of appliance, or special systems suitable for the protection of the hazard
alms
involved. 0C
.12
C •—
a -C
18.1.1 Plans. CL LU
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 be �J '` ,:
submitted to the fire department for review and approval prior to construction. /ooNA%
(`c
FEB - 5 2018 �;4='�/
10 3 4 7 0 ' iiit��
Hawai'i Counts/is an Equal Opportunity Provider and Employer. /-
Duane Kanuha
February 5, 2016
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. (*may be referred as FDAR)
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.
•
Duane Kanuha
February 5,2016
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 that provides access to the interior of the
building. Exception: 1 and 2 single-family dwellings.
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
18.2.3.2.1 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.
Duane Kanuha
February 5, 2016
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- 18.2.3.4.6.1The 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.
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.
•
Duane Kanuha
February 5, 2016
Page 5
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.
18.2.4.2.3 Roads, trails, and other access ways 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.
Duane Kanuha
February 5, 2016
Page 6
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. Occupancies, 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.
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.
•
Duane Kanuha
February 5, 2016
Page 7
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;
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.
Duane Kanuha
February 5,2016
Page 8
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 may be increased to 1000
feet.
4) For one and two family dwellings, agricultural buildings, and storage sheds 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.
Duane Kanuha
February 5, 2016
Page 9
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) 932-2911.
,x..41, :
DARREN J. ROSARIO
Fire Chief
CB:ds
•
DAVID V.IGE .•r"i•O c•.tiq-;� SUZANNE D.CASE
GOVERNOR OF HAWAII /.'t '''39. 1 CHAIRPERSON
47J _'�`S�,j tfil Y• 2 BOARD OI LAND.aND NATURAL RESOURCES
! :"i C•COMMISSION ON WATER RESOURCE
DIANACE\IENT
of dand Nat ,, llilrj k t F0t
Si,A,44/11-15-‘114\
i trf.:-.41"a
��i� ,— STATE OF HAWAII
-te0 DEPARTMENT OF LAND AND NATURAL RESOURCES
LAM)DIVISION
POST OFFICE BOX 621
HONOLULU.HAWAII 96R09
February 25,2016
County of Hawaii
Planning Department
Attention: Mr. Jeff Darrow via email: iderro (a.co.hawaii.hi.us
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Dear Mr. Darrow:
SUBJECT: Change of Zone Application(REZ 16-000203); Request: A-3a to FA-la
Applicant: Chris Brilhante
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 (a) Engineering Division and (b) Land
Division—Hawaii District on the subject matter. Should you have any questions,please feel free to
call Lydia Morikawa at 587-0410. Thank you.
Sincerely,
Mussell Y. Tsuji
Land Administrator
Enclosure(s) Planning Dept.
cc: Central Files
Exhibit____
FEB 262016
,-.. 1038Y '�' '
6»O F yq: SUZANNE D.CASE
DAVID O.HA d h.
KA \959.a"•e'9. CHAIRPERSON
GOVERNOR Or'HAR',VI n` V BOARD OF LAND AND NATURAL RESOURCES
Ef R, • . COMMISSION ON WATER RESOURCE
i '+s �1 �t MANAGEMENT
wand and Na , li -1,11111=.1;i; =o
tijr° w'ti
�41�—
\ STATE OF HAWAII
Ste:eof-WO DEPARTMENT OF LAND AND NATURAL RESOURCES • -
LAND DIVISION
POST OFFICE BOX 621 r
HONO1111.1I.HAWAII 96509
February 8, 2016 --.
MEMORANDUM cu
', DLNR Agencies: Li-,
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
X Historic Preservation
FeM:� RtisseUY. Tsuji,Land Administrator
SUBJECT: Change of Zone Application(REZ 16-000203); Request: A-3a to FA-la
LOCATION: Waiakea, S. Hilo, Island of Hawaii;TMK: (3)2-4-034:044
APPLICANT: Chris Brilhante
Transmitted for your review and comment is information on the above-referenced
application. We would appreciate your comments on this application. Please submit any comments
by February 25,2016.
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 Lydia Morikawa at 587-0410. Thank you.
Attachments
( ) We have no objections.
( )r We have no comments.
( vv Comments are)attached.
Signed:
Print Name: Ca • . Cha • Chief En.in--
Date: /AYH r
cc: Central Files
DEPARTMENT OF LAND AND NATURAL RESOURCES
ENGINEERING DIVISION
LD/Russell Y.Tsuji
REF: Change of Zone(REZ 1fi 4100203);Request A-3a to F A 1a,Waiakea,Island of Hawaii.
Hawaii.012
COMMENTS
() We confirm that the parcel/project site,according to the Flood Insurance Rate Map(FIRM),is
located in Zones X. The National Flood Insurance Program does not regulate developments
within Zones X.
(X) Please take note that the project site,according to the Preliminary data in the Flood
Insurance Rate Map(FIRM),is located in Zone X.The National Flood Insurance Program does
not regulate developments within Zones X.
() Please note that the correct Flood Zone Designation for the project site according to the Flood
Insurance Rate Map(FIRM)is
() Please note that the project site 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.Mario Siu Li at(808)768-8098 of the City and County of Honolulu,Department of
Planning and Permitting.
() Mr.Carter Romero(Acting)at(808)961-8943 of the County of Hawaii,Department of
Public Works.
() Ms.Carolyn Cortez at(808)270-7253 of the County of Maui,Department of Planning.
() Mr.Stanford Iwamoto at(808)241-4896 of the County of Kauai,Department of Public
Works.
() The applicant should include project water demands and infrastructure required to meet water
demands. Please note that the implementation of State-sponsored projects requiring water service
from the Honolulu Board of Water Supply system must first obtain water allocation credits from
the Engineering Division before it can receive a building permit and/or water meter.
() 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 Mr,Rodney Shiraishi of the Planning Branch at 587-0258,
G-
Signed:
CAR 1� S CH ,CHIEF ENGINEER
Date: 2//
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K-4-1"•r«,k FLOOD HAZARD ASSESSMENT TOOL LAYER LEGEND
�� *: Flood Hazard Assessment Report (Note legend doc•snot correspond svdhNFllt)
: !,t•,,,f n c'' www.hawajinfip.org SPECIAL FLOOD HAZARD AREAS(SFHAs)SUBJECT TO INUNDATION BY
s ('t THE 1%ANNUAL CHANCE FLOOD -The 1%annual chance flood(100-
tt `r REZ 16-000203 year),also know as the base flood,is the flood that has a 3%chance of
i .
_ being equaled or exceeded in any given year.SFHAs include Zone A,AE.
AN,AO,V,and VE.The Base Flood Elevation(BEE)is the water surface
elevation of the 1%annual chance Rood. Mandatory flood insurance
Property Information Notes: purchase applies in these zones:
COUNTY: HAWAII ___ ____—__._ -_.. 11111 Zone A:No BFE determined.
TMK N0: (3)2-4-034:044 ._.___-..._. _-.______ _..___.____ Zone AE BFE determined.
s
WATERSHED: WAILOA
—
PARCEL ADDRESS: 60 HOOHOALOHA STREET 11111 Zone AH-Flood depths of 1 to 3 feet(usually areas of ponding);
BFE determined.
HILO,HI 96720
Zone AO:Flood depths of 1 to 3 feet(usually sheet flow on
Flood Hazard Information Hoping terrain);average depths determined.
FIRM INDEX DATE: APRIL 02,2004 — Zone V:Coastal flood zone with velocity hazard(wave action':
no BEE determined.
LETTER OF MAP CHANGE(S): 99-09.703P
FEMA FIRM PANEL: 1SS1660890C Zone VE:Coastal flood zone with velocity hazard(wave action),
111111 BEE determined.
PANEL EFFECTIVE DATE: SEPTEMBER 16.1988
11111 Zone AEF:floodway areas in Zone AE. The floodway is the
channel of stream plus any adjacent floodplain areas that must
be kept free of encroachment so that the 3%annual chance
Rood can be carried without increasing the BFE.
NON-SPECIAL FLOOD HAZARD AREA-An area in a low-to-moderate risk
THIS PROPERTY IS WITHIN A TSUNAMI EVACUTION ZONE NO flood zone.No mandatory flood insurance purchase requirements apply,
FOR MORE INFO,VISIT:http://www.scd.hawaii.gov/ but coverage is available in participating communities.
THIS PROPERTY IS WITHIN A DAM EVACUATION ZONE: NO Mill Zone XS(X shaded):Areas of 0.2%annual chance Rood;areas of
FOR MORE INFO,VISIT:http://dinreng.hawaii.gov/dam/ 1%annual chance flood with average depths of less than 1 foot
SOT with drainage areas less than 1 square mile; and areas
protected by levees from 1%annual chance flood.
Zone X:Areas determined to be outside the 0 2%annual chance
0 400 800 ft floodplain.
Disclaimer:The Hawaii Deportment of Land and Natural Resources(DLNR)assumes no resparzaibility orJsing from OTHER FLOOD AREAS
the use,accuracy,completeness,and timeliness of any Information contained ht this report.Viewers/ttsers are
responsible for verifying the accuracy ofthe Irfformationand agree toindemnflythe DLNR,its officers,andemploy Zone 0: Unstudied areas where flood hazards are undeter
ees from any liability wtdch may arise from Its use of its data or informonon
mined,but flooding is possible.No mandatory flood insurance
If this map has been identified as'PRELIMINARY',please nate that It la being provided for informational purposes purchase apply,but coverage is available in participating comma-
and is not to be used for flood insurance ming.Contact your county floodplain manager for flood zone determina• nines
tiers ro be used for compliance with:local floodplain management regu/arians. `_
•
( S • ..y4 SUZANNE D.CASE
DAVID OFY.NA P:•
GOVERNOR OF HAWAII ,/.r �,19.59:,ys9 • CHAIRPERSON
6'S
' �;:i0 • BOARD OP LAND AND NATURAL RESOURCES
COMAUSSION ON WATER RESOURCE
S-vl -tY°`,r MANAGEMENT
rand and A, t B5
��° tit . {c�.r f
STATE OF HAWAII
state°rH ,iS DEPARTMENT OF LAND AND NATURAL RESOURCES
LAND DIVISION
POST OFFICE BOX 621
HONOLULU.HAWAII 96RO9
February 8,2016 •
MEMORANDUM
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
X Historic Preservation
FROM: Russel Y.` suji,Land Administrator"
SUBJECT: Change of Zone Application(REZ 16-000203); Request: A-3a to FA-:la.
LOCATION: Waiakea, S. Hilo, Island of Hawaii; TMK: (3) 2-4-034:044
APPLICANT: Chris Brilhante
Transmitted for your review and comment is information on the above-referenced
application. We would appreciate your comments on this application. Please submit any comments
by February 25,2016.
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 Lydia Morikawa at 587-0410. Thank you.
Attachments
(4 We have no objections.
( ) We have no comments.
( ) Comments are attached-,
Signed:
Print Name:
Date: _2__.:' -
cc: Central Files
DAVID Y. IGEVIRGINIA PRESSLER,M.D.
GOVERNOR OF HAWAII *:'c95g41- DIRECTOR OF HEALTH
5q.��.1.05'....rE444;�
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O.BOX 916
HILO, HAWAII 96721-0916
`.a
~
MEMORANDUM
DATE: February 8, 2016
TO: Mr. Duane Kanuha }
Planning Director, County of Hawaii
FROM: Eric Honda
District Environmental Health Program Chief
SUBJECT: Change of Zone Application (REZ 16-000203)
Applicant: Chris Brilhante
Request: A-3a to FA-la
Tax Map Key: 2-4-034:044
The Health Department found no environmental health concerns with regulatory implications in
the submittals.
Planning pt.
Exhibit,
5 2016 ;.
.FE
35 4"
WORD: REZ-1 6-000203:eh
RBrilhante-REZ16-203.jwd 04-15-16
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
CHRIS BRILHANTE
CHANGE OF ZONE APPLICATION (REZ 16-000203)
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 Agricultural11 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 a change of zone from an Agricultural-3 acre (A-3a)
zoned district to a Family Agricultural-1 acre (FA-la) zoning district for 3.576 acres of
land in order to subdivide the property into 3 lots, which will be conveyed to members of
the applicant's family.
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 change of zone request from A-3a to FA-la will conform to, among
others, the General Plan's Land Use element and Land Use Pattern Allocation
Guide (LUPAG) Map. The Land Use- Agriculture element of the plan seeks to protect
and maintain important agricultural lands from urban encroachment. The subject
property is not classified as important agricultural land. The property currently has one
single-family dwelling and the remainder of the property is used for pasture but is located
in an area for residential urban growth. The LUPAG Map, which establishes the basic
-1-
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 zoning
district is to provide for a blend of small-scale agricultural operations associated with
residential activities that 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 to
the north, south and west are similarly zoned A-3a. Two properties directly to the east
have been recently rezoned to FA-la. Surrounding properties to the northeast are zoned
A-la. The area consists of agricultural uses, scattered dwellings and vacant lots. A
substantial number of surrounding parcels are less than five acres in size, especially
properties to the north of the subject property.
A change of zone to the FA zoning 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 an existing 20-foot easement with a paved road that connects to
Ho`ohoaloha Street, which is a County owned and maintained street that has a 20-foot
wide pavement road with paved shoulders and swales within a 50-foot right-of-way and
in good condition. The newly created lots would have access via a 20-foot wide existing
easement connected to the end of Ho`ohoaloha Street and a newly created roadway
easement within the subject property
County water is available from an existing 6-inch waterline fronting the subject
property. As there is no municipal sewer system in the area, wastewater will be disposed
of through individual wastewater system(s)meeting with the State Department of Health.
Solid waste is currently disposed of at an authorized landfill in Hilo. Electrical and
-2-
•
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, Hawai`i 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 bulldozed and cleared, and is currently in
residential use. A condition of the change of zone will require that the applicants
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 applicants, no
gathering is taking place on the site. Thus, to the extent to which traditional and
customary native Hawaiian rights are exercised, the proposed action will not
-3-
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) zoning 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 Hawai`i County Code, is provided for your favorable
consideration. Please note the proposed conditions of approval attached to the draft bill.
-4-
COUNTY OF HAWAII -f.4\ / STATE OF HAWAII
BILL NO.
ORDINANCE NO. �ID��M/0/4/Q, ben'
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—ONE ACRE
(FA-la)AT WAIAKEA HOMESTEADS 2ND, WAIAKEA, SOUTH HILO,HAWAII,
COVERED BY TAX MAP KEY: 2-4-034:044.
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 Homesteads
2nd, Waiakea, Hawai`i, shall be Family Agricultural—One Acre(FA-1a):
Beginning at a point at the Northeasterly corner of this parcel of land,being also
the North-Easterly corner of a Lot 4, Waiakea Acres—Acres II, and on the Southwesterly
side of Ho`ohoaloha Street,the coordinates of said point of beginning referred to
Government Survey Triangulation Station"HALA`l" being 20,077.77 feet South and
3,537.97 feet West and thence running by azimuths measured clockwise from True
South:
1. 85° 40' 82.69 feet along Lot 4, Waiakea Acres—
Acres II; thence along Lot 4,
Waiakea Acres—Acres II, along a
curve to the left having a radius of
80.00 feet,the chord azimuths and
distance being;
2. 60° 50' 67.20 feet;
-1-
3. 36° 00' 189.21 feet along Lot 4, Waiakea Acres—
Acres II;
4. 3550 40' 200.9$ feet along Lot 4, Waiakea Acres—
Acres II;
5. 83° 52' 13" 733.88 feet along Lot A-2 and Lot A-1,
being portions of Grant 11,843 to
First Trust Co. of Hilo, Ltd., Trustee
Under the Will and of the Estate of
James N. K. Keola,Deceased;
6. 172° 21' 30" 212.77 feet along Lot 1, Waiakea Acres—
Acres II;
7. 265° 40' 709.74 feet revised along Lot 2-A,Waiakea
Acres—Acres II;
8. 216° 00' 221.36 feet along Lot 2-A,Waiakea Acres—
Acres H; thence along Lot 2-A
Waiakea Acres—Acres II, along a
curve to the right having a radius of
100.00 feet, the chord azimuths and
distance being;
9. 240° 50' 84.00 feet;
10. 265° 40' 91.81 feet along Lot 2-A, Waiakea Acres—
Acres II;thence along the south-
westerly side of Ho'ohoaloha Street,
along a curve to the left having a
radius of 45.00 feet,the chord
azimuths and distance being;
11. 20° 10' 17" 21.98 feet to the point of beginning and
containing an area of 3.5876 Acres
revised more or less.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
-2-
SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 (2005
Edition), the County Council finds the following conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
SEE ATTACHED CONDITIONS
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
-3-
111111101.1111111111111111111111111••""--
A-la
A-10a 1111, A-la
A-10a
A-10a
A-10a
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A-10a 113a
A-la A-3a A-la
I I il
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i
dillHO'OHOALOHA PL
AGRICULTURAL-THREE ACRES(A-3a)TO
iiii
FAMILY AGRICULTURAL-ONE ACRE(FA-1a) A-la
3.5876 ACRES III A-la 1111 li
II
MB 111111 -4
20,C77TT
3,537.97
611.11
'HALA'I"
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IIIIIIIIIIIIL
Feet
0 500 1,000 1,500 2,000
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 -THREE ACRES (A-3a) TO
FAMILY AGRICULTURAL - ONE ACRE (FA-1a)
AT WAIAKEA HOMESTEADS 2ND, WAIAKEA, SOUTH HILO, HAWAII
MAP PREPARED BY:
TMK:(3)2-4-034:044 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:February 1,2016
EXHIBIT"A" Brilhante
Mau: 1373
CBrilhante-REZ16-203.jwd 04-15-16
CHRIS BRILHANTE
CONDITIONS OF APPROVAL
CHANGE OF ZONE APPLICATION NO. (REZ 16-000203)
A. The applicant, successors or assigns shall be responsible for complying with all of
the stated conditions of approval.
B. The applicant, 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. The applicant, successors, or assigns shall notify prospective purchasers, tenants,
or lessees of all lots that farming operations and practices on adjacent or
contiguous land in the State Land Use Agricultural District are protected under
Hawai`i Revised Statutes Chapter 165, the Hawai`i Right to Farm Act. This
notice shall be included in any disclosure required for the sale or transfer of all of
the proposed lots.
D. Any action that would interfere with or restrain farming operations on adjacent or
contiguous properties shall be prohibited under Hawai`i Revised Statutes Chapter
165, the Hawai`i Right to Farm Act; provided the farming operations are
conducted in a manner consistent with generally accepted agricultural and
management practices on adjacent or contiguous lands in the Agricultural District.
E. The required water commitment payment for the additional lots shall be submitted
to the Department of Water Supply in accordance with its "Water Commitment
Guidelines Policy" within one hundred and eighty (180) days from the effective
date of this ordinance.
F. 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.
G. No variance from the minimum water and road requirements shall be granted to
subdivide the lots.
—1—
H. 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.
All driveway connections to Ho`ohoaloha Street shall conform to Chapter 22,
County Streets, of the Hawai`i County Code.
J. All development-generated runoff shall be disposed of onsite 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
Depal Invent of Public Works prior to Final Subdivision Approval.
K. 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.
L. The applicant shall make its fair share contribution to mitigate the potential
regional impacts of the development with respect to parks and recreation, fire,
police, solid waste disposal facilities and roads. The fair share contribution shall
become due and payable prior to receipt of Final Subdivision Approval. The fair
share contribution for each newly created lot shall be based on the actual number
of residential units developed. The fair share contribution in a form of cash, land,
—2—
•
facilities or any combination thereof shall be determined by the County Council.
The fair share contribution may be adjusted annually beginning three years after
the effective date of this ordinance, based on the percentage change in the
Honolulu Consumer Price Index(HCPI). The fair share contribution shall have a
combined value of$13,672.20 per single family residential unit. The total
amount shall be determined with the actual number of units according to the
calculation and payment provisions set forth in this condition. The fair share
contribution per single family residential unit shall be allocated as follows:
1. $6,608.08 per single family residential unit to the County to support park
and recreational improvements and facilities;
2. $317.37 per single family residential unit to the County to support police
facilities;
3. $626.84 per single family residential unit to the County to support fire
facilities;
4. $274.44 per single family residential unit to the County to support solid
waste facilities; and
5. $5,845.47 per single family residential unit to the County to support road
and traffic improvements.
In lieu of paying the fair share contribution, the applicant may contribute land
and/or construct improvements/facilities related to parks and recreation, fire,
police, solid waste disposal facilities and roads within the region impacted by the
proposed development, subject to the review and recommendation of the Planning
Director,upon consultation with the appropriate agencies and approval of the
County Council.
M. 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.
—3—
N. The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements, including the Department of Water Supply.
0. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
1. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, successors or assigns,
and that are not the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
3. Granting of the time extension would not be contrary to the original
reasons for the granting of the change of zone.
4. The time extension granted shall be for a period not to exceed the period
originally granted for performance(i.e., a condition to be performed
within one year may be extended for up to one additional year).
5. If the applicant should require an additional extension of time, the
Planning Depaitu►ent 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.
-4-
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WINDWARD PLANNING COMMISSION
COUNTY OF HAWAII
HEARING TRANSCRIPT
MAY 5, 2016
A regularly advertised hearing on the application of CHRIS BRILHANTE (REZ 16-203) was
called to order at 9:04 a.m. in the County of Hawai`i Aupuni Center Conference Room, 101
Pauahi Street, Hilo, Hawai`i with Chairman Charles Heaukulani presiding.
COMMISSIONERS PRESENT: Charles Heaukulani, Gregory Henkel, Donald Ikeda, Myles
Miyasato, and Raylene Moses.
ABSENT &EXCUSED: Donn Dela Cruz.
ALSO PRESENT: Duane Kanuha(Planning Director), Danny Patel (Deputy Corporation
Counsel for the Windward Planning Commission), Jeff Darrow (Staff Planner), Christian Kay
(Staff Planner), and Sarah Hata-Finley(Commission Secretary).
And 12 members from the public in attendance.
APPLICANT: CHRIS BRILHANTE (REZ 16-203)
Application for a Change of Zone from an Agricultural—3 acre(A-3a) to a Family Agricultural -
1 acre(FA-la)zoning district for 3.576 acres of land. The property is located at the southwest
end of Ho`ohoaloha Street, approximately 1,500 feet south from its intersection with Ainaola
Drive, Waiakea Homestead 2nd Series, South Hilo, Hawai`i, TMK: 2-4-034:044.
HEAUKULANI: Jeff, could you give us a read on the first item on the agenda this morning?
DARROW: Sure. Thank you, Mr. Chairman. Good morning, Members of the Planning
Commission, Mr. Chairman. If I can direct your attention to our first presentation. The
Applicant is Chris Brilhante. He is requesting a Change of Zone.
For reference, this subject application is located within the South Hilo District of Hawai`i. More
specifically,we're looking in the Waiakea-Uka area. The subject property is identified with a
black outline. For reference, running through the middle of the map, we have Ainaola Drive.
The subject property is, gets access off of Ho`ohoaloha Street. This is zoomed in a little closer.
This is our County Zoning Map. Again, the different colors represent the different zonings in the
area. For reference, again, we have Ainaola Drive, as well as Ho`ohoaloha Street, and the
subject property is identified with a black outline.
The light blue color represents Agricultural—3 acre; similar zoning to the northwest and south of
the subject property. The darker blue represents Family Agricultural— 1 acre. The green
represents Agricultural— 1 acre. You'll notice that there have been two recent previous change
of zones similar to the Applicant's request today. The first one was in 2014, and the second one
was in 2015. So, these were quite recent.
1
This is our State Land Use Boundary Map. It shows the State Land Use designations for the
area. The majority of the area is Agricultural in green. Up in the upper right hand corner, we
have some Urban designation.
This is our General Plan Land Use Pattern Allocation Guide Map. It identifies the subject
property as Low Density Urban, so this area is slated for Urban growth in the future.
This is an aerial photo. For reference, we have Ho`ohoaloha Street providing access. The
subject property does have an easement that provides access to the subject property. Currently,
there is one single-family dwelling located on the subject property.
The Applicant is requesting a Change of Zone from Agricultural—3 acre to a Family
Agricultural— 1 acre zoning district for 3.576 acres of land in order to subdivide the property
into three lots. The newly created lots would have access via a 20-foot wide existing easement
connected to the end of Ho`ohoaloha Street and the newly created roadway easement within the
subject property. The lots are intended to be conveyed to the members of the Applicant's family.
This is a proposed subdivision submitted by the Applicant in the Change of Zone application.
Again, for reference, we have the end of Ho`ohoaloha Street. We have the existing 20-foot wide
easement, and then the proposed layout for the three lots. The existing dwelling would be
located on the first lot.
These are some site photos. This is at the end of Ho`ohoaloha Street looking towards Ainaola
Drive. You can see that it's fully paved with paved swales and shoulders.
This is looking towards the end of the cul-de-sac with access to the subject property on the right
side.
And then, this is the existing 20-foot easement as well as access onto the subject property. The
single-family dwelling is located just behind the palm trees. The remainder of the lot is to the
right.
The Planning Director is recommending that the Planning Commission send a favorable
recommendation to the Hawaii County Council with the attached conditions. With that,that
concludes our presentation. Thank you.
HEAUKULANI: Thank you, Jeff. Commissioners, anyone have questions for staff? Hearing
none, thank you, sir.
DARROW: Thank you.
HEAUKULANI: Could the Applicant or their representative please come forward? Good
morning, sir.
KERN: Good morning.
2
HEAUKULANI: Could I get you to raise your right hand? Do you swear or affirm to tell the
truth on this matter now before the Planning Commission?
KERN: Yes, I do.
HEAUKULANI: Thank you. Zendo, could you just state your full name for the record, tell us
where you reside, and what's on your mind this morning.
KERN: Yeah, Zendo Kern. I reside in Kurtistown, and what's on my mind this morning is first
of all, I'd like to say good morning to you folks. Good morning, Mr. Chair; good morning,
fellow Commissioners; good morning, Mr. Director; good morning, staff, for working so hard.
Basically, it's pretty straightforward. Jeff went through everything. I'm here to answer any
questions that you may have, and I would humbly request that the Commissioners send this
forward with a favorable recommendation as the Planning Director has given.
HEAUKULANI: Okay, so you've seen the Planning Director's report and recommendations?
KERN: Yes, sir.
HEAUKULANI: Did you agree with the recommendations?
KERN: Yes, we do.
HEAUKULANI: Including the conditions for approval?
KERN: That's correct.
HEAUKULANI: Okay, anything else you want to say?
KERN: None at this time. I'm happy to answer any questions, though, if there are any.
HEAUKULANI: Commissioners, anyone have questions for Mr. Kern? Thank you, sir.
Anyone signed up to testify? No? It does not look as if we have anyone signed up to testify.
Anyone here have anything you want to say on this matter? Commissioners, I'd ask for a motion
to close public testimony,please.
MOSES: I make a motion to close public testimony.
HEAUKULANI: Thank you, Commissioner Moses.
IKEDA: Second.
HEAUKULANI: A second by Commissioner Ikeda. All in favor signify by saying aye.
3
COMMISSIONERS: Aye.
HEAUKULANI: Opposed? None. Motion to close public testimony carries. Commissioners,
is there a motion for action?
MOSES: I move that a favorable recommendation be forwarded to the County Council on the
application for Change of Zone, Docket No. REZ 16-203,based on the Planning Director's
recommendations, findings, and proposed conditions which shall be adopted.
IKEDA: Second.
HEAUKULANI: Motion by Commissioner Moses; a second by Commissioner Ikeda. Any
discussion? Commissioners,no discussion? Jeff, please call the roll.
DARROW: Thank you, Mr. Chairman. With that, we'll take the roll call. Commissioner
Moses?
MOSES: Aye.
DARROW: Commissioner Ikeda?
IKEDA: Aye.
DARROW: Commissioner Henkel?
HENKEL: Aye.
DARROW: Commissioner Miyasato?
MIYASATO: Aye.
DARROW: And Mr. Chairman.
HEAUKULANI: Aye.
DARROW: The motion passes five to zero.
HEAUKULANI: Thank you, Zendo. We'll send it to you in writing.
4
KERN: Okay, thank you, and I just want to say thank you all for your service up there. I sat up
there for many years. It's amazing, and thank you all for being here doing this. And thank you
for the favorable recommendation. Bye.
The discussion ended at 9:12 a.m.
Respectfully submitted,
Sarah Y. Hata-Finley, Secretary
Windward Planning Commission
5