HomeMy WebLinkAboutCOM 1156.000 2014-2016 ;MtrocM\
(.1 Randall M.Kurohara
n' ��'� Managing Director
William P.Kenoi *:Il. ),c'.! :*•
Mayor R- 's'�-_
• • _ Robert H.Command
•
rA.•:��+°.• _' Deputy Managing Director
Cant
®fftrr of tip Atagur
25 Aupuni Street,Suite 2603 • Hilo,Hawai`i 96720 • (808)961-8211 • Fax(808)961-6553
KONA: 74-5044 Ane Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawai`i 96740
(808)323-4444 • Fax(808)323-4440
October 24, 2016
Dru Kanuha, Council Chair
and Members of the County Council o
County of Hawai`i c
25 Aupuni Street _
Hilo, HI 96720 N -
o-
Dear Chairman Kanuha and Members: -- n
,73
SUBJECT: Change of Zone Application(REZ 16-000207)
Applicant: Paul Ogasawara
Request: RS-10 to CV-10
Tax Map Key: 1-5-002:027 and 1-5-114:020 (portion)
Change of Zone Application (REZ 16-000208)
Applicant: Robert S. and Carol Oshiro
Request: RS-10 to CN-10
Tax Map Key: 2-2-040:004
Change of Zone Application(REZ 16-000209)
Applicant: Kristen Mahnke
Request: RS-10 to CN-10
Tax Map Key: 2-2-040:108
Change of Zone Application(REZ 16-000210)
Applicant: John K. and Lori L.Kai
Request: A-20a to FA-2a
Tax Map Key: 2-5-047:031
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.
411441PIL--.)14711111.....11111111111°
William P. Kenoi
Mayor
Enclosures Comm.No,,_
cc: Planning Department Ref.To: _
Ref.Date I
\d,1` absp
County of Hawaii is an Equal Opportunity Provider and Employer.
OF
•` '' Gregory Henkel,Chair
•
Mayor
William P.Kenoi =:�, �i� �, g ry
;'.i ce :�: ���s• ; Myles Miyasato,Vice Chair
- _--sem Joseph Clarkson
••. Donn Dela Cruz
.;;;M:.;%._ Donald Ikeda
Raylene Moses
County of Hawaii
WINDWARD PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720
Phone(808)961-8288 • Fax(808)961-8742
OCT 2 4 ZQ16
Q ►
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 16-000210)
Applicant: John K. and Lori L. Kai
Request: A-20a to FA-2a
Tax Map Key: 2-5-047:031
The Windward Planning Commission, at its duly held public hearing on October 6, 2016,
recommended for your approval the proposed legislative bill for a Change of Zone from an
Agricultural-20 acres (A-20a) to a Family Agricultural-2 acres (FA-2a) zoning district for 9.323
acres of land. The property is located along the west (makai) side of Akolea Road, approximately
2,700 feet from Akolea Road-Kaumana Drive intersection, Ponahawai, South Hilo, Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the request:
The applicants are requesting a Change of Zone from A-20a to FA-2a for 9.323
acres of land to subdivide the property into four(4) parcels, approximately 2+ acres each.
The applicants will live on one lot in their home that has previously been constructed and
reserve the other lots for their immediate 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
Hawai`i County is an Equal Opportunity Provider and Employer
Dru Kanuha, Council Chair
and Members of the County Council
Page 2
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 proposed Change of Zone from an Agricultural (A-20a) to a Family
Agricultural (FA-2a) zoned district will conform to, among others, the following
goals, policies and standards of the Land Use and Economic General Plan Elements
and the General Plan LUPAG Map. The Land Use Pattern Allocation Guide (LUPAG)
Map component of the General Plan is a representation of the document's goals and
policies to guide the coordinated growth and development of the County. It reflects a
graphic depiction of the physical relationship among the various land uses. The LUPAG
Map establishes the basic urban and non-urban form for areas within the County.
The proposed request conforms to the LUPAG Map, which designates the property
as Important Agricultural Land and Extensive Agriculture. Important agricultural lands are
those lands with better potential for sustained high agricultural yields because of soil type,
climate, topography, or other factors. Extensive Agriculture are lands that are not
classified as Important Agricultural Land and includes lands that are not capable of
producing sustained, high agricultural yields without the intensive application of modern
farming methods and technologies due to certain physical constraints such as soil
composition, slope, machine tillability and climate. Other less intensive agricultural uses
such as grazing and pasture may be included in the Extensive Agriculture category.
Soils within the property are identified as Kaiwiki silty clay loam, 10 to 20 percent
slopes (KaD) on the southern portion of the property and the remainder is Keei extremely
rocky muck, 6 to 20 percent slopes (rKGD). The Land Study Bureau's Detailed Land
Classification System identifies soils of the property as "C" or"Fair" soil on the southern
portion and the remainder is identified as "E" or"Very Poor" soil for agricultural
productivity. Lastly, the ALISH System classifies soils within the subject property as
Prime Agricultural Land on the southern portion of the property and the remainder is
unclassified.
A major concern in allowing a rezoning of agricultural land that creates smaller lot
sizes is that this will reduce the potential use of the land for commercial agriculture by
fragmenting the land into areas too small to be farmed on a commercial scale. While a few
crops can be intensively cultivated on very small acreage, usually these crops have a very
limited market. Reducing the size of the lots can reduce the range of potential agricultural
Dru Kanuha, Council Chair
and Members of the County Council
Page 3
uses and the range of market opportunities for those crops. In this particular situation, the
applicants have constructed their dwelling for themselves that will be on one lot and
reserve the other lots for their family. The newly created lots will still have the potential to
be used for farming or agricultural purposes.
The proposed Change of Zone will conform to, among others, the goals, policies
and standards of the Land Use and Economic General Plan Elements:
Land Use
• Designate and allocate land uses in appropriate proportions and mix and in keeping
with the social, cultural and physical environments of the County.
• Allocate appropriate requested zoning in accordance with the existing or projected
needs of neighborhood, community, region and County.
• Zoning requests shall be reviewed with respect to General Plan designation, district
goals, regional plans, State Land Use District, compatibility with adjacent zoned
uses, availability of public services and utilities, access, and public need.
Economic
• Provide residents with opportunities to improve their quality of life through
economic development that enhances the County's natural and social environments.
• Economic development and improvement shall be in balance with the physical,
social and cultural environments of the island of Hawai`i.
• Provide an economic environment that allows new, expanded, or improved
economic opportunities that are compatible with the County's cultural, natural and
social environment.
All utilities and services are available to the property. Access to the property is
from Akolea Road, which is a County owned and maintained roadway that has
approximately 12 feet of pavement within a 30-foot right-of-way. Access from Akolea
Road to the property is via two "poles," which are 20 feet each in width for a total of 40
feet. The City of Hilo Zone Map (Ordinance No. 187) identifies Akolea Road as a
Dru Kanuha, Council Chair
and Members of the County Council
Page 4
secondary arterial with a proposed 80-foot right-of-way. As the property is accessed from
a "pole" along Akolea Road, the future road widening setback should not affect the subject
property. There are several "pull outs"that allow reasonable safe passage of on-coming
vehicles on Akolea Road and a one-lane bridge near the entrance to the subject site.
County water is available for the proposed request. Wastewater will be disposed of by
individual wastewater systems meeting the requirements of the Department of Health. All
other essential utilities or services are available to the property.
There is no severe geological or topographical problems for the property that
cannot be properly rectified or which would render the land unusable. According to
the Flood Insurance Rate Map (FIRM) prepared by the Federal Emergency Management
Agency(FEMA) and the Department of Public Works-Engineering Division, the property
is located in Zone "X", an area outside of the 500-year flood area.
Should this request be approved, the applicants could potentially apply for an
Additional Farm Dwelling, allowing for the construction of a second dwelling unit on each
lot. The potential to allow additional dwellings may contribute to the cumulative burden
on the existing infrastructure. As such, a condition is included to prohibit a second
dwelling unit and a Condominium Property Regime (CPR) on each lot. The condition will
require that restrictive covenants be included in the deeds of all the proposed lots for the
subdivision prohibiting second dwelling units to preserve the residential/agricultural
ambience of the area.
The request is not contrary to Chapter 205A, Hawaii Revised Statutes,
relating to Coastal Zone Management Area. The property is not situated within the
Special Management Area. It is located over 4 miles from the nearest coastline and will
not be impacted by coastal hazard and beach erosion. There are no identified recreational
resources, historic resources, public access to the shoreline or mountain areas, scenic and
open space preserves, coastal ecosystems, marine resources or other natural and
environmental resources in the area. Thus, the proposed request and use of the property
will not adversely impact those resources. It is not anticipated that endangered or
threatened candidate species of flora or fauna are located within the subject property
because the property was previously bulldozed and cleared. Presently, there is no evidence
of any traditional and customary Native Hawaiian rights being practiced on the site, nor
existence of known valued cultural, historical or native resources in the area. Thus, it is
not anticipated that the proposed request will have any adverse impact on cultural or
historical resources in the area.
Dru Kanuha, Council Chair
and Members of the County Council
Page 5
The request will not have a significant adverse impact to traditional and
customary Hawaiian Rights. In view of the recent Hawaii State Supreme Court's
"PASH" and "Ka Pa'akai 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 kamaaina accounts of the area, historical survey of documentary records, or
botanical study was included in the application.
The valued cultural, historical, and natural resources found in the rezoning area. As
the site has been previously bulldozed and cleared, it is unlikely that there are any valued
cultural, historical, and natural resources to be found in the rezoning area.
Possible adverse effect or impairment of valued resources: There is no evidence of
any possible adverse effects or impairments will occur to any valued resources. Since the
property was formerly used for sugar cane cultivation and has been disturbed in the past, it
is unlikely that any archaeological or historic features exist on the property. Additionally,
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 there is no evidence of any
valued cultural, historical, and/or natural resources found on the site, there is no action to
be taken. A condition of approval will be added for the protection of inadvertent finds
should any remains of historic sites, such as rock walls, terraces, platforms, marine shell
concentrations or human burials be encountered. The applicants shall be required to cease
work in the immediate area and contact the Department of Land and Natural Resources—
State Historic Preservation Division (DLNR-SHPD). Subsequent work shall proceed upon
an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation
measures have been taken.
Based on the above findings, approval of the Change of Zone request from an
Agricultural 20-acres (A-20a) to Family Agricultural 2-acres (FA-2a) zoned district
would result in an appropriate land use pattern that will further the public necessity and
convenience and the general welfare.
Dru Kanuha, Council Chair
and Members of the County Council
Page 6
The accompanying draft bill to amend Section 25-8-33 (City Of Hilo Zone Map) is
provided for your favorable consideration. Please note the proposed conditions of approval
are attached to the draft bill.
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.
Sincerely,
0.7
Gregory Henkel, Chairman
Windward Planning Commission
LKaiREZ16-210wpc2
Enclosures
cc: John K. and Lori L. Kai
Sidney M. Fuke, Planning Consultant
Department of Public Works
Department of Water Supply
Department of Land &Natural Resources-HPD
William Brilhante, Esq., Corporation Counsel
BKai-REZ16-210.jwd 09-13-16
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
JOHN K.AND LORI L. KAI
CHANGE OF ZONE APPLICATION (REZ 16-000210)
JOHN K. AND LORI L. KAI have submitted an application for a Change of Zone from an
Agricultural 20-acre(A-20a) to a Family Agricultural 2-acre (FA-2a) district for 9.323 acres of
land. The property is located along the west(makai) side of Akolea Road, approximately 2,700
feet from the Akolea Road—Kaumana Drive intersection, Ponahawai, South Hilo, Hawaii,
TMK: 2-5-047:031.
APPLICANTS' REQUEST
1. Proposed Action: The applicants are requesting a Change of Zone from A-20a to FA-2a
for 9.323 acres of land to subdivide the property into four parcels, approximately 2+ acres
each in size. The applicants will live on one lot in their home that has previously been
constructed and reserve the other lots for their immediate family. (Planning
Department Exhibit 1 - Change of Zone Application)
2. Landowners: The applicants are the landowners of the subject property.
STATE AND COUNTY PLANS
3. GP LUPAG Map: Important Agricultural Land and Extensive Agriculture.
4. State Land Use Designation: Agricultural.
5. County Zoning: A-20a.
6. Special Management Area (SMA): The SMA is a part of the Coastal Zone
Management Program regulated by the County. The project site is not within the
County's Special Management Area(SMA) and is approximately 4 miles from the
nearest coastline.
DESCRIPTION OF PROPERTY AND SURROUNDING AREA
7. Subject Property: The property is 9.323 acres in size and is roughly rectangular in
shape with a pole that provides access to Akolea Road. There is an existing
3-bedroom/3-bathroom dwelling constructed in 2005 located on the lower northeastern
portion of the property. The remainder of the property is overgrown with Wainaku grass.
8. Surrounding Zoning/Land Uses: Surrounding properties are zoned A-3a to the north
and east across Akolea Road. To the south and west are properties zoned A-20a. Uses in
the immediate area include scattered farm dwellings and agricultural activities.
9. ALISH: Prime Agricultural Land on the southern portion of the property and the
remainder is unclassified.
10. Land Study Bureau's Detailed Land Classification System: "C" or"Fair"soil on the
southern portion of the property and the remainder is identified as "E" or"Very Poor"
soil.
11. U.S. Soil Survey: Kaiwiki silty clay loam, 10 to 20 percent slopes (KaD) on the
southern portion of the property and the remainder is Keei extremely rocky muck, 6 to 20
percent slopes (rKGD).
12. FIRM: The project area is located in Zone "X", an area outside of the 500-year flood
area.
13. Flora/Fauna Resources: There were no professional flora/fauna surveys conducted of
the site. The applicants do not believe that rare or endangered floral or faunal resources
are likely to be found on the site. The property has been previously cleared in
conjunction with the construction of the dwelling. According to the applicants,the site is
not known to be a habitat for any rare or endangered animal life.
14. Cultural/Historic/Archaeological Resources: Since the property was formerly
bulldozed and cleared, no commissioned archaeological survey was conducted. By letter
dated July 5, 2016, the applicant sent a request for a"no-effect" letter from the DLNR-
SHPD, which the DLNR-SHPD has not responded to as of the date of this writing.
-2-
15. Public Access: There is no record of a designated public access to the shoreline or
mountain areas that traverses the property.
PUBLIC UTILITIES AND SERVICES
16. Access: Access to the property is from Akolea Road,which is a County owned and
maintained roadway that has approximately 12 feet of pavement within a 30-foot right-
of-way. Access from Akolea Road to the property is via two"poles,"which are 20 feet
each in width for a total of 40 feet. The City of Hilo Zone Map (Ordinance No. 187)
identifies Akolea Road as a secondary arterial with a proposed 80-foot right-of-way. As
the property is accessed from a"pole" along Akolea Road, the future road widening
setback should not affect the subject property. According to the applicants, there are
several "pull outs"that allow reasonable safe passage of on-coming vehicles on Akolea
Road. There is also a one-lane bridge near the entrance to the subject site.
17. Water: According to the Department of Water Supply, county water is available for the
proposed request from an existing 6-inch line within Akolea Street.
18. Wastewater: As there is no municipal sewer system in the area, wastewater will be
disposed of by individual wastewater(septic) systems meeting the requirements of the
Department of Health.
19. Solid Waste: All waste generated by the project will be disposed of at appropriate sites
designated by the Department of Environmental Management.
20. Essential Utilities and Services: All essential utilities are available to the property. Fire
and medical services are available from the Kawailani Fire Station and police services are
available from the Hilo Police Station.
AGENCIES' COMMENTS
21. Department of Public Works: (Planning Department Exhibit 2—September 2, 2016
Memo)
22. Department of Water Supply: (Planning Department Exhibit 3—
August 12 & 26, 2016 Memos
23. Department of Environmental Management: (Planning Department Exhibit 4—
July 13 & 25, 2016 Memos)
24. Police Department: (Planning Department Exhibit 5 —August 4, 2016 Memo)
25. Fire Department: (Planning Department Exhibit 6—August 2, 2016 Memo)
-3-
26. Department of Land and Natural Resources Land Division: (Planning Department
Exhibit 7—August 8, 2016 Letter)
27. Department of Health: (Planning Department Exhibit 8—July 21,2016 Memo)
AGENCIES-NO RESPONSES
28. DLNR Historic Preservation Division- State Historic Preservation Division and the
Department of Public Works-Building Division.
APPLICANTS' SUBMITTALS AND RESPONSES
29. The applicants have submitted a letter requesting to revise the request from FA-3a to
FA-2a, enabling the property to be subdivided into 4 lots instead of 3 lots. Additionally,
the applicants have submitted responses to comments from governmental agencies. :
(Planning Department Exhibit 9—Letters dated August 3, 2016 with a revised
subdivision layout and August 22,2016)
PUBLIC COMMENTS
30. As of the date of this writing,the Planning Depaitinent has not received any comments or
objections from the general public or adjacent landowners on the subject request
-4-
.nlfs 1t'iJ_Y r.;") 0 p2
'J- 'J1_
APPLICATION
FOR
COUNTY REZONING
(A-20a to FA-3a)
APPLICANTS: JOHN AND LORI KAI
PONAHAWAI, SOUTH HILO, HAWAT I
TAX MAP KEY: (3) 2-5-047: 031
Prepared For:
John and Lori Kai
Prepared By:
Sidney M. Fuke, Planning Consultant
June 2016
Planning Dept.
Exhibit__
CHANGE OF ZONE APPLICA ± r n 3 r
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information)
APPLICANT: q7,4N K. out Lt)R i L. KM
APPLICANT'S SIGNATURE. k....r.,„„pik•excp .A..: DATE: 0(pi;0 [201J•
AM
ADDRESS: ole Wit iiie : t 221 . WI tot h 6(b" 2.0
LIST APPLICANTS INTEREST IF NOT OWNER:
LIST PRINCIPAL(S)INCLUDING NAMES OF MAIN OFFICERS: r
PHONE:(Bus.)C�VV) c(33` I Z (Res.)` ) 3.3a 11111 (Fax)11r)
LANDOWNER(S): Tv tua K. Vi 4,114 1-014.1 L.. kA I
LANDOWNER SIGNATURE(S): C:tal k .-.<1046/�(4L- DATE: 1245 1°1 b
�id'"T7i'a
LANDOWNER(S)ADDRESS: 0/0 • (p MoobVetti --. 101 ;i. Ili
REQUEST: A- boa TO PA act.
(Existing zoning) (Proposed Zoning)
TAX MAP KEY: 2.-g- o4 :, o 3 I
STREET ADDRESS OF PROPERTY: 29,3 A'1401-GQ' Re"01 , s 1° , %I 2,
SIZE OF PROPERTY OR AFFECTED AREA(S)TO BE REZONED: q- 23
AGENT: Sttt4 '( A . F14I , Pt.LNVN assTir t✓O criv4'Ivm r
ADDRESS: t°0 Pain '• * 2t 2
a-i to • I't 'tVl WW
TELEPHONE:(Bus.) (9t)11P tiro 4 -I52 es.) (Fax)
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: c D N V't K E COPIES: SOLCN t
ATTACHM EN T
AgralR ezoniig
PLANNING DEPARTMENT
COUNTY OF HAWAII
APPLDATDN FOR CHANGE OF ZONE
I. Ifyouriequestis approved,do you iitend to subdivide the subct Yes
land b accordance with the approved change of zone?
Ifyesi2base answerthe estofquestion 1 and then to question 3.
a, How m any acres oftbe xequested aea do you blend to subdisrsie? �7
b. Into whatbtsizes? 0.Gres
c. Ifyouriequestt approved,appioxin ately how bng aferthe
dale ofappmvaldo you expectt°subm ityoursubdivisbn plans �
to the P hnniag D epaiim enthrpre]i n bary appmvar
411
d. Do you intend to buiti houses on the newly mated bts? h0
Ifyes,pbase answerthe bibwiig questbns:
O n how m any ofthose bts? VaA,
Atw hatappmxin ate prbe range? House to jA.
Lot 14/et
Total /A.
Approxin ately how bng,a$erappmvalofthe subdivision,
w ouli the fxsthouse be avaibb]e broccupancy? V%(a-
•
Ifyou blend to subdivrle,pbase subm ta p elfin nary schem attic
subdivision plan togetherwlh yourchange ofzone application
bun .
2. Ifyou have no fin plans ofsubding the subctarea, do you
intend to:
a. S eLorhase the land to someone who has font plans?
b. S ellorbase the land to someone who has tentative plans?
c, S ellorbase the land to som eone who has no plans? _
d. Keep
e. 0 ber Tease stale)
P.D.2 5184
f. ffyou iitend to do eihera, b,c,phase elaborate on the khd
ofpbns-flee otherparty has.P base, also ,nclade ii your
answerapproxin ate'how soon a$erapprovalofyourrezoniig do
you expectto tiansierthe sub cthnd ID anotherparty.
3. Do you ihiak thatyourrequestand yourfurtherplans torte land
wi71a1bvlate the bca7housiag si4uathn? \les.
How?
14. Wild tlnttreAf;.c ita oVevitAi Swp t cc k °vtl"cW,3 " #413-
Kid- &lsb AMA we fav v'attiA
4. Are there anybuiliiags on the subctarea? wA
Ifso, whatkind?
W hatdo you intend b do with those bugs ifyourrequestis
approved?
C W+I wt #0 ut c. %l— at Sun, rn c,>�tn, . nkat VAt e. .
5. Is the subct.lsnd cunent ly behg used 1Drany agrib.nal,acti i? `fe‘
Tfso,phase listthekeds ofpzoducts grown and on how m any
square ketorac es ofland perproduct
flittA T 4ira S (Ch'uh, t j to c., ..
6. W as yourrequesttn albw brthe creation ofsrn albragrxulhrral
Vs?
ifso, dei yourplan halide the blowing considerations?
a. C oro m odiIy to be produced?
W hatkihds ofcom m odity?
b. S uiabllily ofthe imposed bt-size forthatcom m odiy?
c. Sufrctntfann. size b aJbw reasonable chance of success is
comm ercalagriu1ure?
-2-
d . Agricultural leases or other forms of assurance that potential
buyers or leases would put the subject area into some form of
agricultural use?
Please state the proposed type of arrangement.
Please refer to planning and environmental report for this request.
Please submit your agricultural plans for the subject area and
present evidence of consideration of the above requirements together
with your request for a change of zone.
If you do not intend to subdivide the subject land for some sort of
agricultural purpose, please state your other reasons.
3. To your knowledge, has there been any flooding and/or drainage problem
on the subject area? No
If so, please describe the problem.
Please refer to planning and environmental report for this request.
8. Do you think that the roads leading to the subject area needs
No
improvements?
If so, what kind?
Please refer to planning and environmental report for this request.
Is the road adequate for the proposed traffic volume or load? Yes
9. What sort of governmental assistance and/or improvements do you feel will
be needed in the subject area when developed?
Yes No
a. Schools X
b. Roads X
X
c. Sewer
X
d. Drainage
-3-
Yes No
e, P owe P uatectnn
f. Fite P mtectbn
g, RecaeattnalFaci'Ws
h. Pub]bUtis
. Other
For those checked'Yes",phase ehborate whattype orkiids ofin piovent ents
andkrasaistance ale needed.
4; - 41)Y •
Signature:
Addiess: Cl Cpbv k4117 . Aol. to l uiewily
Tehphone: (' c) 433` l 8"Z Y
D ate: 0(g (ZD Zo I to
-4-
COUNTY ENVIRONMENTAL REPORT
COUNTY REZONING REQUEST (A-20a to FA-3a)
JOHN AND LORI KAI
KAUMANA HOMESTEADS, SOUTH HILO, HAWAII
TAX MAP KEY: (3) 2-5-047: 031
I. INTRODUCTION
John and Lori Kai ("Applicants") are requesting the rezoning of a 9.323
acre parcel from the Agriculture (A-20a) to Family-Agriculture (FA-3a) district
in Kaumana Homesteads, South Hilo, Hawai'i. The pole of the flag lot fronts
the mauka or west side of Akolea Road, approximately 1/2 mile from
Kaumana Drive. (Figures 1 and 2).
The Applicants reside on the subject property. If approved, they would
subdivide the 9+ acre parcel into three (3) lots and one.(1) lot each to their
two (2) children. The size of the lots would average 3+ acres in size,
consistent with the minimum 3-acre lot size for the proposed FA-3a zone.
II. PROJECT LOCATION
As noted earlier, the pole of the subject property fronts the mauka or west
side of Akolea Road, approximately '/ mile from Kaumana Drive. The
adjoining property to the north was rezoned into the A-3a district and
subsequently subdivided into three (3) 3+ acre sized lots. Akolea Plantation
and Hilo Heights Subdivisions, both consisting of 1+ acre sized lots, are
situated less than a mile north of the subject property. (Figures 1 and 2).
III. PROJECT DESCRIPTION
A. Project Concept and Components
The Applicants' reside on the subject site, consisting of 9.323 acres.
A portion of the site is used for cattle grazing. The Applicants wish to
subdivide the subject property into three (3) lots, with the intent of
conveying a lot to each to their children.
If approved, the proposed lots would average at least 3+acres in size,
consistent with the minimum 3-acre requirement for the proposed FA-
3a zone. As proposed, all lots would be serviced over an existing 40-
foot wide road and utility easement, 20 feet of which falls within the
subject property. (Figure 3)
1
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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 any appropriate
conditions of rezoning approval.
B. Project Timetable and Cost
The Applicants hope 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. Based on the proposed configuration of the
subdivision, the estimated cost of improvements for this project
should be around $100,000. This cost would be for principally for any
road and water improvements associated with the subdivision
approval process.
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 western portion of the subject site
Extensive Agriculture. This designation includes lands "that are not
capable of producing sustained, high agricultural yields without the
intensive application of modern farming methods and technologies
due to certain physical constraints such as soil composition, slope,
machine tillability, and climate." The makai portion is designated
Important Agriculture. Important Agricultural land is attributed to those
lands with "better potential for sustained high agricultural yields
because of soil type, climate, topography, or other factors."
The proposed family-agricultural subdivision with its FA-3a zoning and
resulting in two (2) additional lots would be consistent with this
designation. As such, no General Plan amendment would be
required to effectuate this project.
2
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 CDP's Land Use Concept Map
identified this area as•A-20a. However, many of the planning
assumptions reflected in the 1975 CDP are now obsolete.
The GP LUPAG map —which designates this area Extensive and
Important Agriculture— allows consideration for this 3+ acre family
agricultural zoning and is, therefore, a more accurate land use
depiction of the affected property 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 requested FA-3a
zoning would be consistent with the GP LUPAG designations of
Important and Extensive Agriculture.
D. County Zoning
The County zoning of the subject property is Agriculture (A-20a).
Although there are properties zoned A-20a zoned in this vicinity,
particularly on the mauka or west side of Akolea Road, the areas
makai or east of Akolea Road are predominantly either A-3a or A-1.
The adjoining property to the north of the subject site is also zoned A-
3a. (Figure 1)
If approved, the site would be subdivided in a manner generally
meeting with the requirements of both the Zoning and Subdivision
Codes. These include the provision of County water and private
access road.
3
•
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 six (6) 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 bulldozed in the past by
the Applicants and/or its predecessor in interest for the purpose of
making it usable as a residence as well as their cattle grazing
functions. In the event any archaeological features are found during
any earth disturbance activity, work will stop within the affected area
and appropriate clearances from the State DLNR-HPD and County
Planning Department will be secured before work resumes. If
needed, an archaeological monitoring program can be instituted as
well during any land clearing activity.
The proposed action will eventually involve the construction of
improvements (particularly a dwelling unit) 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 the most, a single-family dwelling on each of the
proposed lots. Given the vegetation and positioning of the subject
site, Mauna Kea and Mauna Loa are not readily visible from Kaumana
Drive. Further, because the proposed lots would not front Akolea
Road, the views of Mauna Kea should not be impacted.
Relative to the Coastal Ecosystems, impacts should be negligible, if
at all, as the site is located well over six (6) miles from the ocean.
Notwithstanding the distance, the nature of the project—family
agricultural — and the construction of only two (2) more private
wastewater systems should not generate significant, if any, coastal
ecosystem impacts.
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
4
aid the agricultural economy and the overall economic use of this site
and the area in general.
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-3a,
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, possible
driveway access permit, and the like.
V. ENVIRONMENTAL CONSIDERATIONS
A. General Description
The flag lot parcel is, less the pole portion, somewhat rectangular in
shape. The 20-foot wide pole portion fronts Akolea Road. It also
enjoys a 20-foot wide cross easement over the adjoining property to
5
the south. Collectively, then, the subject parcel has access and utility
rights over a 40-foot wide area.
The Applicants' residence falls on the makai portion of the subject lot.
The mauka area is pastoral in nature and used essentially for cattle
grazing.
The site is situated at about the 1,100-foot elevation level. The site
gently rises in an east-west direction, with the highest point being at
the western 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 two (2) more 3+ acre sized lots.
The major subdivisions in this area are the Akolea Plantation and Hilo
Heights Subdivisions. There are also smaller subdivisions consisting
of 1-3 acres in size. The Kaumana Elementary School is located
along Kaumana Drive, less than a mile from the subject site. The
general area has more of a rural residential flavor 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. The lower portion where the dwelling is situated
has a Class "C-75" or "fair" designation. The remaining area is
designated "E"-306 or"very poor".
The C-75 soil is of the Kaiwiki Series, which is characterized by deep
soil with moderately fine texture. It is also well drained and
moderately suited for machine tillability. The runoff is medium, and the
erosion hazard is slight.
The E-306 soil is of the bare Pahoehoe Series, which is characterized
by no soil material. It is moderately drained and not suited for
machine tillability. It should be noted that the physical condition of the
ground shows otherwise, as that portion of the land is currently being
used for cattle grazing.
6
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. That
portion designated C-75 appears to be designated "Unique", while the
balance is not classified.
As noted earlier, the topography of the site slopes in a north to south
direction, with the lower portion being at the north end. The slope
appears to average 10 percent, with no perceptible deviation.
C. Natural Hazards
1. Drainage
The Federal Emergency Management Agency Flood Insurance
Rate map ("FIRM") identified a floodway (Zone "A") designation
running in a west/east direction north of the subject site. A
small portion of the pole of the subject site falls in this area,
while the balance is designated Zone "X", areas outside of the
500-year flood. (Figure 4) Thus, according to this designation,
there are or should not be any drainage ways on the site.
Nevertheless and 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 subdivision and 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 Hawaii 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 six (6) miles from the ocean, it is
located outside of the Civil Defense's Tsunami Evacuation
Zone.
7
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D. Flora/Fauna
Although there were no professional surveys conducted of the floral
or faunal resources of the site, the Applicants do not believe that rare
or endangered floral or faunal resources are likely to be found within
the subject site.
The Applicants initially cleared the site in conjunction with the
construction of their dwelling. Thus, the vegetation are all introduced,
and characterized by Wainaku grass. No ohia tree was observed on
the site. Thus, the floral impacts should not be significant, if at all.
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 (/'o) and the Hawaiian Owl (Pueo) flying in the
general area. Further the rural nature of the surrounding areas would
make it less likely to find..endangered animal life in this area.
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
and associated tradition and customary practices of this site.
In this situation, the subject site is not adjacent and/or proximate to
the shoreline. As such, gathering of marine life and coastal access is
not an issue.
8
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 Applicants have 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 Applicants intend 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 six (6) miles from the coastline.
As such, coastal impacts resulting from discharge of wastewater
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.
I. Noise, Air Quality, and Dust
Akolea Road will serve as the main access for all of the newly created
lots. The existing ambient traffic level in this area is reasonably low
and pretty much limited to residential and not commercial traffic. As
such, the corresponding noise level is relative low.
The subdivision project itself—with its two (2) additional lots - should
not significantly add, if at all, to this noise level.
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
9
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 thus hopefully 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.
In this situation, the views of Mauna Kea from Kaumana Drive or
Akolea Road would not be affected by this proposed subdivision.
While Mauna Kea is visible from Akolea Road near the project site,
the proposed lots are situated at least 500 feet from that Road and do
not interfere with that view. Even if it were, the only structures would
be residential in nature and given the proposed size of the lots, there
should be ample room around the structures to view Mauna Kea.
VI. SOCIAL AND RELATED CONSIDERATIONS
A. Surrounding Land Uses
The land use in this area is generally rural in nature. There are a
number of large lot residential subdivisions (Akolea Plantation and
Hilo Heights) in this area. Further, there are smaller 1-acre sized
subdivisions on the makai side of Akolea Road, while there are some
larger lots that are pastoral in character on the mauka side. There is
a small farm with some saran shaded structures to the south. The
Kaumana Elementary School is located about a mile away fronting
Kaumana Drive.
Given the existing and zoned conditions, the proposed rezoning and
the two (2) additional 3+ acre lot subdivision would not be
incongruous with the emerging rural pattern of this area.
B. Economic Impacts
10
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.
Notwithstanding the less than intensive agricultural use of the subject
site, the proposed lot size should facilitate the opportunity for a little
more intensive agricultural pursuits, as evidenced by the neighboring
property to the south.
At the same time, because the proposed lots would be 3 acres in size,
it would still retain the small-farm character of this area and should
thus not have any significant impacts to existing or potential farming
operations in this area.
Further, as noted earlier, there are a number of smaller lots in this
area, primarily 1 acre in size. Thus, the proposed 3-acre lots would
afford a reasonable land use transition between 10+ acre to 1+ acre
sized lots in this general area.
It is thus maintained that the creation of two (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 proposed lots project would be initially from Akolea
Road. Akolea Road is a County-owned and maintained road with a
30+ foot wide right-of-way and a 10-15 foot wide pavement between
the subject parcel and Kaumana Drive. There are several "pull outs"
that allow for reasonable safe passage of on-coming vehicles. There
is a one-lane bridge near the entrance to the subject site. Visibility is
11
reasonable along this section of Akolea Road and near the bridge to
enable vehicles to pull over as may be necessary.
The Applicants intend to continue use of the private 40-foot wide
cross road and utility easement to service the proposed lots. The
private road has a 10-foot wide pavement that may need to be
widened to address the requirements of the Subdivision Code.
Because the projected traffic impact would range between two (2) to
four (4) movements during the AM/PM peak hours, the concurrency
requirement for a traffic impact analysis report is not applicable.
B. Water 6 inch line
There is an existing 6-inch water line fronting Akolea Road. Water
service for the two (2) additional lots will come from this line.
C. Wastewater
There is no County wastewater system in this area. As noted earlier,
a septic tank system meeting with 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-3a 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.
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 near Ainako Avenue, 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 Hilo High School Complex,
less than five (5) miles from the site. Kaumana Elementary School is
12
located less than a mile from the site. County parks are available
along at Ainako and Gilbert Carvalho Parks, less than three (3) miles
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 Applicants 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.
The soil on the parcel has been classified for the most part "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
13
needed, a monitoring program can be conducted during any land
disturbance activity.
C. Mitigative Measures
The Applicants intend 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 secured before
work is resumed..
The entire property is situated within Zone X, areas outside of the 500
year storm, on the FIRM maps. Nonetheless, any and all required
grading or grubbing work will be done in conjunction with the required
permits and/or a SCS Agricultural Plan. This is to assure that the
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 Applicants
would also not be able to reasonably facilitate its estate
planning.
2. Alternative Density
Under this alternative, the Applicants could seek a more
intensive zoning, such as a FA-la or FA-2a zoning, given the
LUPAG Extensive Agriculture classification of a portion of the
site and a number of A-la zoning within a mile of the subject
site.
Such an approach, however, may not be compatible with the
policy of trying to foster more family-oriented type of
14
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-3a alternative.
IX. REGULATORY ANALYSIS
A. General Plan LUPAG Map
The General Plan provides for the long-range comprehensive
development of the island of Hawaii. It provides direction for
balanced growth in the County. The LUPAG map designates the site
Extensive Agriculture and Important Agriculture. This designation
allows the requested FA-3a 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
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)
15
areas of environmental concerns - air pollution, water quality, soil
pollution, solid waste disposal, and noise pollution. As proposed, the
project would not be violative of any of those objectives.
Aside from 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 riot necessary for a project of this nature and size, a
solid waste management plan could be prepared and implemented.
The project will also not be a noisy one, 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 floodway. 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 hawk (lo) or the owl
(Pueo), this area is not their primary habitat. As such, the subject
project should not have any significant impacts on rare or endangered
plant or animal life in this area.
As the FA-3a 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.
16
As the project site is more than six (6) miles from the ocean, the usual
coastal resources concern is not pronounced. There will be no
interference with shoreline access. Then, too, 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 four(4) 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
• 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
• The county shall encourage the development and maintenance of
communities meeting the needs of its residents in balance with the
17
physical and social environment
• Agricultural land shall be used as one form of open space or
green belt.
In view of the foregoing goals and policies, it is noted that the
requested zoning would be consistent with the Low Density Urban
designation of the LUPAG map. It would also be generally compatible
with the surrounding area. There are some 1+-acre lots and A-la
zoning proximate to the subject site. More so, the adjoining property
to the north, as well as properties makai of Akolea Road are zoned A-
3a.
The Land Study Bureau classifies a small portion of the subject
property as "C" or "Fair", with the balance "E" or"Very Poor" from an
agricultural resource perspective. This request should actually
encourage more intensive agricultural activities on the site. The lot
size would be conducive to the Applicants' needs for a residence and
family type of farm for their 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 that
render many of the CDP land use concepts obsolete.
Some of these developments include shopping complexes in and
around the intersection of Pu'ainako and Kanoelehua Streets;
expanded commercial uses near the University complexes and
commercial/industrial uses along the southern portion of the Waiakea
Houselots area; and completion of major roadways, such as the
Pu'ainako Extension and Mohouli Street Extension.
Although the document was reviewed by the County Council, the CDP
was never adopted by ordinance. The CDP's Land Use Concept Map
identified this area as A-20a. The requested FA-3a zoning would still
be in keeping with this agricultural goal, although with smaller lots.
18
Notwithstanding the smaller Agricultural lots, as noted earlier, many 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 Extensive Agriculture, and thus, the requested FA-3a
zoning would be consistent.
D. Zoning and Subdivision
The designated zoning of the site is Ag-20a. Should the FA-3a 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.
19
H16 116 SEP 2 PM 9 P8
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII i:.y.,i, r. ENT
HILO, HAWAII
DATE: September 2, 2016
WeeifinaNdafft
TO: Duane Kanuha, Planning Director
•
FROM: Department of Public Works, Engineering Division
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 16-000210)
Applicant: John and Lori Kai
Request: A-20a to FA-3a
Tax Map Key: 2-5-47: 031
We have reviewed the subject application forwarded by your memo dated July 13, 2016
and offer the following comments for your consideration.
All development-generated runoff shall be disposed of on site and not directed toward any
adjacent properties. A drainage study shall be prepared and the recommended drainage
system shall be constructed meeting the approval of the Department of Public Works.
The subject 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.
The Zoning Map (Ordinance No. 187) classifies Akolea Road as a secondary arterial with
an existing right-of-way width of 30 feet and a proposed width of 80 feet.
Install streetlights and traffic control devices as may be required by the Traffic Division,
Department of Public Works. The applicant shall be responsible for the design, purchase,
and installation of such devices.
Questions may be referred to Kelly Gomes at ext. 8327.
Planning Dept. SCANNED
Exhibit Za SEP - 6 2016
County of Hawaii is an Equal Opportunity Provider and Fmnlnver
04,v4ATENsG
19 fig:
DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII
345 KEKOANAO'A STREET, SUITE 20 • HILO, HAWAII 96720
oF'HAWW,
TELEPHONE (808) 961-8050 • FAX (808) 961-8657
August 26, 2016 -„
TO: Mr. Duane Kanuha, Director
Planning Department
-3
FROM: Keith K. Okamoto, Manager-Chief Engineer
SUBJECT: Change of Zone Application (REZ 16-000210) Friz.
Applicant: John and Lori Kai
Request: A-20a to FA-2a(Instead of FA-3A)
Tax Map Key 2-5-047:031
This memorandum shall supercede our memorandum to you dated August 12,2016.
We have reviewed the subject application and have the following comments and conditions.
Please be informed that the subject parcel is served by an existing 5/8-inch meter,which is limited to an average
daily usage of 400 gallons and suitable for only one single-family dwelling,
Water can be made available from an existing 6-inch waterline within Akolea Road fronting the subject parcel,
in accordance with the Department's existing water availability conditions, which are subject to change without
notice.
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 additional three(3)units of water requested in
the proposed 4-lot development,the required water commitment deposit is$450.00.
Remittance by the applicant of the deposit 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 be construed as a water commitment. In other words, unless a water
commitment is officially effected, water availability is subject to change without notice,depending on the water
situation.
For the applicant's information, final subdivision approval will be subject to compliance with the following
requirements:
1. Construct necessary water system improvements, which shall include, but not be limited to:
a. water main capable of delivering water at adequate pressure and volume under peak-flow and
fire-flow conditions; minimum diameter of mains shall be 6 inches from the existing 6-inch
waterline,
Planning Rept.
Exhibit — SCANNED
• 2.0
. . . Water, Our,dost cPrecious 1�source. . . 7(a Wai A Kane. . . 4�p10730 -
The
Q
The Department of Water Supply is an Equal Opportunity . O r
pP Y q pp y provider and employer.
Mr. Duane Kanuha
Page 2
August 26, 2016
b. service lateral that will accommodate a 5/8-inch meter to front each lot,and
c. subject to other agencies' requirements to construct improvements within the road right-of-way
fronting the property affected by the proposed development,the applicant shall be responsible
for the relocation and adjustment of the Department's affected water system facilities, should
they be necessary.
Construction plans, prepared by a professional engineer registered in the State of Hawai`i, showing the
above improvements, must be submitted for review and approval.
2. Remit the prevailing facilities charge, which is subject to change, as shown below:
FACILITIES CHARGE(FC):
One(1)existing service 0.00
Three(3)additional units @$5,500.00/unit $16,500.00
Total FC
$16,500.00
These are 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 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.
Should there be any questions, please contact Mr. Troy Samura of our Water Resources and Planning Branch at
961-8070, extension 255.
Sincerely yours,
kikookek)
Keith K. Okamoto, P.E.
Manager-Chief Engineer
TS:dfg
copy— Mr. John and Ms. Lori Kai (w/copy of Rule 5)
Mr. Sidney M. Fuke, Planning Consultant
WATS'?e
vg�1° A -
<<
1 A
0
n 4i DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAI`l
`iPi 345 KEKUANAb'A STREET, SUITE 20 • HILO, HAWAII 96720
oFHAW „.'��, TELEPHONE (808) 961-8050 • FAX (808) 961-8657
August 12,2016
r"
�<- �,
TO: Mr. Duane Kanuha, Director _.. cri
Planning Department
FROM: Keith K. Okamoto, Manager-Chief Engineer
'-J
SUBJECT: Change of Zone Application (REZ 16-000210 ..i>iti
`I -J
Applicant: John and Lori Kai =-I
Request: A-20a to FA-3a
Tax Map Key 2-5-047:031
We have reviewed the subject application and have the following comments and conditions.
Please be informed that the subject parcel is served by an existing 5/8-inch meter, which is limited to an average
daily usage of 400 gallons and suitable for only one single-family dwelling.
Water can be made available from an existing 6-inch waterline within Akolea Road fronting the subject parcel,
in accordance with the Department's existing water availability conditions,which are subject to change without
notice.
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 additional two(2)units of water requested in
the proposed 3-lot development, the required water commitment deposit is$300.00.
Remittance by the applicant of the deposit 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 be construed as a water commitment. In other words, unless a water
commitment is officially effected, water availability is subject to change without notice, depending on the water
situation.
For the applicant's information, final subdivision approval will be subject to compliance with the following
requirements:
I. Construct necessary water system improvements, which shall include, but not be limited to:
a. a water main capable of delivering water at adequate pressure and volume under peak-flow and
fire-flow conditions; minimum diameter of mains shall be 6 inches, from the existing 6-inch
waterline,
- AUG 16 2016
. . . Water, Our[Most Precious Resource. . . Ka WaiA xane. .pv. 0 -
The Department of Water Supply is an Equal Opportunity provider and employer.
Mr. Duane Kanuha, Director
Page 2
August 12, 2016
b. a service lateral that will accommodate a 5/8-inch meter to front each lot, and
c. subject to other agencies' requirements to construct improvements within the road
right-of-way fronting the property affected by the proposed development, the applicant shall be
responsible for the relocation and adjustment of the Department's affected water system
facilities, should they be necessary.
Submit construction plans,prepared by a professional engineer registered in the State of Hawai`i,
showing the above improvements must he submitted for review and annrnval.
2. Remit the prevailing facilities charge, which is subject to change, as shown below:
FACILITIES CHARGE(FC):
One(1)existing service 0.00
Two(2) additional units (r1i $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 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.
Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch
at 961-8070, extension 256.
Sincerely yours,
V40441416
Keith K. Okamoto,P.E.
Manager-Chief Engineer
RQ:dfg
copy— Mr. John and Ms. Lori Kai (w/copy of Rule 5 of the Rules and Regulations)
Mr. Sidney M. Fuke, Planning Consultant
%t+l ,
� ��• BJ Leithead Todd
William P.Kenoi ;: ,41-7.,,,',,,' Director
Mayor
•• `.••4i�. . John A.Medeiros
Randy Kurohara •• oi•w..
Managing Director Deputy Director
&MTN of Aai r n i
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
345 Kekuanao`a Street,Suite 41 • Hilo,Hawaii 96720 _=
(808)961-8083 •Fax(808)961-8086 =
http://www.hawaiicounty.gov/environmental-management/ _ )
_ . '1
3
MEMORANDUM
+ V
Date : July 13,2016
To : DUANE KANUHA,Planning Director
From: BJ LEITHEAD TODD,Director 6-4
Subject: Change of Zone Application(REZ 16-000210)
Applicant: John and Lori Kai
Request: A-20a to FA-3a
TMK: 2-5-047:031
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.)
( )4) No comments
( ) Commercial operations, State and Federal agencies,religious entities and non-profit
organizations may not use transfer stations for disposal.
( ) Aggregates and any other construction/demolition waste should be responsibly reused to
its fullest extent.
( ) Ample and equal room should be provided for rubbish and recycling.
( ) Green waste may be transported to the green waste sites located at the Kailua and Hilo transfer
stations,or other suitable diversion programs.
( ) Construction and demolition waste is prohibited at all County Transfer Stations.
( ) Submit Solid Waste Management Plan in accordance with attached guidelines.
( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on
current status.
( ) Other: .
Planning Dept.
Exhibit JUL
County of Hawaii is an Equal Opportunity Provider and Employer.
William P.Kenoi .:���" �� ' BJ Leithead Todd
Mayor -= te+s; ' �: Director
Randy Kurohara ''• ..•• •lof 01,ot John A.Medeiros
Managing Director Deputy Director
CartydHaAgi
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
345 Kekuanao`a,Suite 41 • Hilo,Hawaii 96720
(808)961-8083 • Fax(808)961-8086
http://hawaiicounty.gov/envi ronmental-management/
MEMORANDUM
Date : July 25,2016
To : DUANE KANUHA, Planning Director
From: BJ LEITHEAD TODD,Director /l"(7
Subject: Change of Zone Application(REZ 16-000210)
Applicant: John and Lori Kai
Request: A-20a to FA-3a
TMK: 2-5-047:031
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
Hawai'i County Code.Complete Sewer Extension Application.
( ) Require extension of the sewer system to service the proposed subdivision in accordance with
Section 23-85 of the Hawai'i County Code.
( ) Check or line out as applicable: [ ] If required by the Director of the Department of
Environmental Management("Director of DEM"), [ ]applicant shall conduct a sewer study in
accordance with the then applicable wastewater system design standards prior to approval to
connect to the County sewer system. Applicant shall provide such sewer line or other facility
improvements as the Director of DEM may reasonably require, which the sewer study may indicate
are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief
for details.
( ) Other:
County of Hawai`i is an Equal Opportunity Provider and Employer.
11.
William P.Kenoi `;�+� °i N.• • Harry S.Kubojiri
pp •
� Police Chief
Mavor • : '
11!� '�'s.'�
71116 N�i� �'Ol �3 y .,
44""� Paul K.Ferreira
if. '` Deputy Police Chief
County of Hawai'i
POLICE DEPARTMENT
349 Kapi`olani Street • Hilo,Hawaii 96720-3998
(808)935-3311 • Fax(808)961-2389
August 4, 2016
TO : DUAN NUHA,fP INNING DIRECTOR
FROM : H . TAVARE '., ' SSI STANT POLICE CHIEF
AR A I PERATIO
SUBJECT: CHAN E OF ZONE APPLICATION (REZ 16-000210)
APPLICANT: JOHN AND LORI KAI
REQUEST: A-20A TO FA-3A
TAX MAP KEY: 2-5-047:031
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
160472
Planning Dept.
Exhibit
SCANNED
AUG - 8 0 .
"Hawai'i County is an Equal Opportunity Provider and Employer" P,r• Q 0 8
• William P. Kenoi ;---"2""'•4:;rvy'', Darren J. Rosario
Mayor Fire Chief
x_1.1''.'- Hr; n pin ? 21
Renwick J. Victorino
,, •r., 11 r Deputy Fire Chief
G i,..I- HI
Count of ji9atuail
HAWAII FIRE DEPARTMENT
25 Aupuni Street•Suite 2501•Hilo,Hawaii 96720
(808)932-2900•Fax(808)932-2928
August 2,2016
TO: DUANE KANUHA,PLANNING DIRECTOR
FROM: DARREN J. ROSARIO,FIRE CHIEF
SUBJECT: Change of Zone Application(REZ 16-000210)
Applicant: John and Lori Kai
Request: A-20a to FA-3a
Tax Map Key: 2-5-047:031
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
the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, or
areas where there is an inadequate fire flow,or inadequate fire hydrant spacing, and the AHJ
may require additional safeguards including,but not limited to, additional fire appliance units,
more than one type of appliance, or special systems suitable for the protection of the hazard
involved.
Planning Dept,
18.1.1 Plans. Exhibit._.,,,,,,,,
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 h d ant systems shall be ew--.-e
submitted to the fire department for review and approval prior tordo
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Duane Kanuha
August 2, 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
August 2, 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
August 2,2016
Page 4
18.2.3.4.1.12 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
August 2, 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
August 2,2016
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
August 2,2016
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
August 2,2016
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
August 2,2016
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.
DARREN J. ROSARIO
Fire Chief
KV:ds
` DAVID Y.ICE ,"4 c:� • 1 .. l ! (_. pm y fq SUZANNE D.CASE
GOVERNOR OF HAWAII /AV a 19.59. \11;-, CHAIRPERSON
`l _w • HOARD OF LAND AND NATURAL RESOURCES
COMMISSION ON WATER RESOURCE
9 —� �`.�, � r I� MANAGEMENT
1A • 1 %) 1 I �• I 1 ./`1111
°11;,,:7,1
STATE OF HAWAII
stateofNa* DEPARTMENT OF LAND AND NATURAL RESOURCES
LAND DIVISION
POST OFFICE BOX 621
HONO1.1J1,1 I.HAWAII 96809
August 8,2016
County of Hawaii
Planning Department
Attention: Mr. Jeff Darrow via email: idarrow@co.hawaii.hi.us
101 Pauahi Street, Suite 3
Hilo,Hawaii 96720
Dear Mr. Darrow:
SUBJECT: Change of Zone Application(REZ 16-000210); Request: A-20a to FA-3a
Applicant: John and Lori Kai
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,
Russel Y.Tsuji
Land Administrator
Enclosure(s)
cc: Central Files
SCANNED
Planning apt. AUG 1 0 2016
Exhibit, sy: 10 6 9 4
y
DAVID Y.IGE ;'4E• �q1,.-_ CHAIRPERSON D.CASE
GOVERNOR OF HAWAII /.CP Ig SR •,,y- CRPERSON
19 r f.titin.t i �; BOARD CT LAND AND NATURAL RESOURCES
_ stCOMMISSION ON WATER RESOURCE
_*1 ���' MANAGEMENT
r, >�c
\ 4'! "STATE OF HAWAII
-we opHaw- DEPARTMENT OF LAND AND NATURAL RESOURCES
LAND DIVISION
POST OFFICE BOX 621
HONOT.I JLT J_HAWAII 96R09
July 15,2016 0 ca
MEMORANDUM
17-1,›
' Q
DLNR Agencies:
tG
-T1 f-Ti
_Div. of Aquatic Resources n c ' cf)
_Div. of Boating&Ocean Recreation
X Engineering Division c_n
Div. of Forestry&Wildlife
Div. of State Parks
Commission on Water Resource Management
Office of Conservation&Coastal Lands
X Land Division—Hawaii District
IX Historic Preservation
F1Mi : ell Y.Tsuji, Land Admini or
SUBJECT: Change of Zone Application(REZ 16-000210);Request: A-20a to FA-3a
LOCATION: Ponahawai, S.Hilo,Island of Hawaii;TMK: (3)2-5-047:031
APPLICANT: John and Lori Kai
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 August 5,2016.
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.
( ) We have no comments.
( V) Comments are atttched.
Signed: 4--C
Print Name: Carty . Cha., Chief En a ineer
Date: 11
cc: Central Files
DEPARTMENT OF LAND AND NATURAL RESOURCES
ENGINEERING DIVISION
To: Land Division
Ref: REZ 16-000210;Request A-20a to FA-3a,Ponohawai,S.Hilo,Island of Hawaii
COMMENTS
The rules and regulations of the National Flood Insurance Program(NFIP),Title 44 of the Code
of Federal Regulations(44CFR),are in effect when development falls within a designated Flood
Hazard.
The owner or the project property and/or their representative is responsible to research the Flood
Hazard Zone designation for the project. Flood Hazard Zone designations can be found using the
Flood Insurance Rate Map(FIRM),which can be accessed through the Flood Hazard Assessment
Tool (FHAT)(http://gis.hawaiinfip.org/FHAT).
National Flood Insurance Program establishes the rules and regulations of the NFIP-Title 44 of
the Code of Federal Regulations(44CFR).The NFIP Zone X is a designation where there is no
perceived flood impact. Therefore,the NFIP does not regulate any development within a Zone X
designation.
Be advised that 44CFR reflects the minimum standards as set forth by the NFIP. Local
community flood ordinances may take precedence over the NFIP standards as local designations
prove to be more restrictive. If there are questions regarding the local flood ordinances,please
contact the applicable County NFIP Coordinators below:
o Oahu:City and County of Honolulu,Department of Planning and Permitting
(808)768-8098.
o Hawaii Island: County of Hawaii,Department of Public Works(808)961-8327.
o Maui/Molokai/Lanai County of Maui,Department of Planning(808)270-7253.
o Kauai: County of Kauai,Department of Public Works(808)241-4846.
Signed: irrAI
CART' . CH ,CHIEF ENGINEER
Date: ' d
4
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DAVID Y.IGE 4 i• .F'^••.•q SUZANNE D.CASE
GOYERNORDA HAWAII
959,''9`'� CHAIRPERSON
A+••p w �.
\ t � BOARD OF LAND AND NATURAL RESOURCES
.�= i COMMISSION ON WATER RESOURCE
d and .' —+ s i MANAGEMENT
oiv,n
644.4„
itygtjLi.,
= �� STATE OF HAWAII
seep DEPARTMENT OF LAND AND NATURAL RESOURCES o
LAND DIVISION cr'fri
POST OFFJCE BOX 62.1 m y.:-1 (-" I T,
HONOT.TJLTI.HAWAJI 96809 rG N r
ma', CO or*-
July 15,2016 xv;� n• <<
c. E C
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: ell Y. Tsuji,Land Adminis&V
SUBJECT: Change of Zone Application(REZ 16-000210);),Re quest: A-20a to FA-3a
LOCATION: Ponahawai,S.Hilo,Island of Hawaii;TMK: (3)2-5-047:031
APPLICANT: John and Lori Kai
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 August 5,2016.
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.
(✓j We have no comments.
( ) Comments are attached.
Signed:
Print Name: Oil/c.
Date: ?.1-'"//G
cc: Central Files
DAVID Y.IGE VIRGINIA PRESSLER,M.D.
,�L
GOVERNOR OF HAWAII ••''
� ss h_• DIRECTOR OF HEALTH
y, "'< `�' 6 JAL ?2 Poi 1 47
(ANT
��aeas�•' Jot n l l I Ir (-1,VAII
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O.BOX 916
HILO,HAWAII 96721-0916
MEMORANDUM
DATE: July 21, 2016
TO: Mr. Duane Kanuha
Planning Director, County of Hawaii
FROM: Eric Honda
District Environmental Health Program Chief
SUBJECT: Change of Zone Application (REZ 16-000210)
Applicant: John and Lori Kai
Request: A-20a to FA-3a
TMK: 2-5-047:031
The Health Department found no environmental health concerns with regulatory implications in
the submittals.
REZ-16-000210.eh
rt
Planning D pt. �;. .'. . z
Exhibit �, �
•joir SidneyFuke, Planning Consultant
100 Pauahi Street,Suite 212•Hilo,Hawaii 96720 .J •Planning•variance•Zoning
Telephone:(808)969-1522•Cell:(808)989-0640 r S�16 �-� 7 m •Subdivision•Land Use Permits
E-mail:sidfuke@hawaiiantel.net •Environmental Reports
COO;! i i 1 ir,,,Ai!'Vii
August 3,2016
Mr. Duane Kanuha,Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 96720
ATTN: Mr. Jeffrey Darrow
Dear Mr. Kanuha:
Subject: Rezoning Application—A-20a to FA-3a(REZ 16-000210)
Applicant: John and Lori Kai
Kaumana Homesteads,South Hilo,Hawaii,TMK: 2-5-047: 031
This is to follow up on my discussions with Mr. Darrow of your staff regarding the
subject matter. Based on this discussion,the applicants respectfully request to have their
application amended from FA-3a to FA-2a,thus enabling them to subdivide their 9+acre
property into four(4) instead of three(3)lots, consistent with the requested zoning.
Subsequent to the submittal of the FA-3a application,the applicants learned that the
minimum road right-of-way requirement would be fifty(50) feet for a subdivision that
resulted in lots that were three(3)or more acre in size. This would have required
acquisition of the needed right-of-way from properties beyond the subject property,a task
that could be quite challenging. However,if the lots were less than three(3)acres in size
and if the number of lots being served by the private road does not exceed six(6),a private
road with a minimum 20-foot wide right-of-way would be acceptable. That is possible, given
that even with the proposed 4-lot subdivision,the total number of lots that would be served
by the existing private road would not exceed six(6).
As such and after confirming that county water could support a proposed 4-lot
subdivision,the applicants would like to amend their request to FA-2a. A proposed
conceptual subdivision plan showing the four(4)lots is enclosed for your information. Also
enclosed is the additional filing fee of$25.00.
Since the infrastructure impact with the additional lot will be negligible and that
there were little or no environmental resources or constraints that would prohibit the creation
of this additional lot,we trust that the existing planning and environmental report is
sufficient and need not be revised.
SCANNEI
Planning Dept.
37106
Exhibit, CP , Dy:
Mr. Duane Kanuha,Director
August 3,2016
Page 2
Finally,although the initial notice to surrounding property owners has already been
mailed,a revised notice informing owners of this amendment will be mailed.
We trust that everything is in order for your acceptance and processing of this
amended application. If not or if there are other questions relating to this matter,please feel
free to direct them to me. Thank you very much.
incerel ,
\ik\f\)
SIDNEY M. FUKE
Planning Consultant
Enclosures
Copy—John Kai w/enclosures
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SidneyFuke, Planning Consultant
11116 rM1iG 7? uw - 1_3
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100 Pauahi Street,Suite 212•Hilo,Hawaii 96720 •Planning•Variance•Zoning
Telephone:(808)969-1522•Cell:(808)989-0640 •Subdivision•Land Use Permits
E-mail:sidfuke@hawaiiantel.net IJL' ', ,' NT •Environmental Reports
CU1Ji I i ( L! hi V phi
August 22, 2016
Mr. Duane Kanuha,Director
Planning Department
COUNTY OF HAWAI'I
101 Pauahi Street
Hilo,HI 96720
Dear Mr. Kanuha:
Subject: Rezoning Application(REZ 16-000210)
John and Lori Kai
TMK: 2-5-047: 031
Thank you for providing me with a copy of agency comments to date regarding the
subject application. In response to these comments,we provide the following:
a. The State Department of Health concluded that there were "no environmental health
concerns with regulatory implications"relative to the request.
b. The Department of Water Supply commented that water is available for the proposed
project and proceeded to outline the servicing requirements. The applicants will
comply with the servicing requirements, including payment of the required water
commitment fees and facilities charge,prior to or in conjunction with the subdivision
approval process.
c. The Wastewater and Solid Waste Divisions of the Department of Environmental
Management had no comments or objections to the request.
d. Finally,the Police Department concluded that it did"not anticipate any significant
impact to traffic and/or public safety concerns.
We trust that the above adequately responded to the comments to date. If not or if there
are further questions or comments on this matter,please let me know. Thank you very much.
Sincerely,
A'iA (4X-,-d
SIDNEY M. FUKE
Planning Consultant
Copy—John Kai via email
SCANNED 1
AUG 2 3 2016
7 10 '7144
RKai-REZ16-210.jwd 09-13-16
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
JOHN K.AND LORI L. KAI
CHANGE OF ZONE APPLICATION (REZ 16-000210)
Upon careful review of the request against the guidelines for granting a change of zone,
the Planning Director is recommending that a favorable recommendation for a Change of
Zone from Agricultural 20-acre (A-20a) to Family Agricultural 2-acre (FA-2a) for
approximately 9.323 acres be forwarded to the County Council. Since this recommendation
is made without the benefit of public testimony, the Director reserves the right to modify and/or
alter this position. This favorable recommendation is based on the following findings:
The applicants are requesting a Change of Zone from A-20a to FA-2a for 9.323
acres of land to subdivide the property into four(4)parcels, approximately 2+ acres each.
The applicants will live on one lot in their home that has previously been constructed and
reserve the other lots for their immediate 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 proposed Change of Zone from an Agricultural (A-20a) to a Family
Agricultural(FA-2a) zoned district will conform to, among others,the following
goals,policies and standards of the Land Use and Economic General Plan Elements
and the General Plan LUPAG Map. The Land Use Pattern Allocation Guide (LUPAG)
Map component of the General Plan is a representation of the document's goals and
policies to guide the coordinated growth and development of the County. It reflects a
graphic depiction of the physical relationship among the various land uses. The LUPAG
Map establishes the basic urban and non-urban form for areas within the County.
-1-
The proposed request conforms to the LUPAG Map, which designates the
property as Important Agricultural Land and Extensive Agriculture. Important
agricultural lands are those lands with better potential for sustained high agricultural
yields because of soil type, climate,topography,or other factors. Extensive Agriculture
are lands that are not classified as Important Agricultural Land and includes lands that are
not capable of producing sustained,high agricultural yields without the intensive
application of modern farming methods and technologies due to certain physical
constraints such as soil composition, slope, machine tillability and climate. Other less
intensive agricultural uses such as grazing and pasture may be included in the Extensive
Agriculture category.
Soils within the property are identified as Kaiwiki silty clay loam, 10 to 20
percent slopes (KaD) on the southern portion of the property and the remainder is Keei
extremely rocky muck, 6 to 20 percent slopes (rKGD). The Land Study Bureau's
Detailed Land Classification System identifies soils of the property as "C"or"Fair" soil
on the southern portion and the remainder is identified as "E" or"Very Poor" soil for
agricultural productivity. Lastly, the ALISH System classifies soils within the subject
property as Prime Agricultural Land on the southern portion of the property and the
remainder is unclassified.
A major concern in allowing a rezoning of agricultural land that creates smaller
lot sizes is that this will reduce the potential use of the land for commercial agriculture by
fragmenting the land into areas too small to be farmed on a commercial scale. While a
few crops can be intensively cultivated on very small acreage, usually these crops have a
very limited market. Reducing the size of the lots can reduce the range of potential
agricultural uses and the range of market opportunities for those crops. In this particular
situation, the applicants have constructed their dwelling for themselves that will be on
one lot and reserve the other lots for their family. The newly created lots will still have
the potential to be used for farming or agricultural purposes.
The proposed Change of Zone will conform to, among others, the goals, policies
and standards of the Land Use and Economic General Plan Elements:
-2-
Land Use
• Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural and physical environments of the County.
• Allocate appropriate requested zoning in accordance with the existing or projected
needs of neighborhood, community,region and County.
• Zoning requests shall be reviewed with respect to General Plan designation,
district goals,regional plans, State Land Use District, compatibility with adjacent
zoned uses, availability of public services and utilities, access, and public need.
Economic
• Provide residents with opportunities to improve their quality of life through
economic development that enhances the County's natural and social
environments.
• Economic development and improvement shall be in balance with the physical,
social and cultural environments of the island of Hawai`i.
• Provide an economic environment that allows new, expanded, or improved
economic opportunities that are compatible with the County's cultural, natural and
social environment.
All utilities and services are available to the property. Access to the property
is from Akolea Road, which is a County owned and maintained roadway that has
approximately 12 feet of pavement within a 30-foot right-of-way. Access from Akolea
Road to the property is via two "poles,"which are 20 feet each in width for a total of 40
feet. The City of Hilo Zone Map (Ordinance No. 187) identifies Akolea Road as a
secondary arterial with a proposed 80-foot right-of-way. As the property is accessed
from a"pole"along Akolea Road, the future road widening setback should not affect the
subject property. There are several "pull outs"that allow reasonable safe passage of on-
coming vehicles on Akolea Road and a one-lane bridge near the entrance to the subject
site. County water is available for the proposed request. Wastewater will be disposed of
by individual wastewater systems meeting the requirements of the Department of Health.
All other essential utilities or services are available to the property.
There is no severe geological or topographical problems for the property that
cannot be properly rectified or which would render the land unusable. According to
-3-
the Flood Insurance Rate Map (FIRM)prepared by the Federal Emergency Management
Agency(FEMA) and the Department of Public Works-Engineering Division, the
property is located in Zone "X", an area outside of the 500-year flood area.
Should this request be approved,the applicants could potentially apply for an
Additional Farm Dwelling, allowing for the construction of a second dwelling unit on
each lot. The potential to allow additional dwellings may contribute to the cumulative
burden on the existing infrastructure. As such, a condition is included to prohibit a
second dwelling unit and a Condominium Property Regime (CPR) on each lot. The
condition will require that restrictive covenants be included in the deeds of all the
proposed lots for the subdivision prohibiting second dwelling units to preserve the
residential/agricultural ambience of the area.
The request is not contrary to Chapter 205A, Hawaii Revised Statutes,
relating to Coastal Zone Management Area. The property is not situated within the
Special Management Area. It is located over 4 miles from the nearest coastline and will
not be impacted by coastal hazard and beach erosion. There are no identified recreational
resources,historic resources, public access to the shoreline or mountain areas, scenic and
open space preserves, coastal ecosystems, marine resources or other natural and
environmental resources in the area. Thus, the proposed request and use of the property
will not adversely impact those resources. It is not anticipated that endangered or
threatened candidate species of flora or fauna are located within the subject property
because the property was previously bulldozed and cleared. Presently, there is no
evidence of any traditional and customary Native Hawaiian rights being practiced on the
site, nor existence of known valued cultural,historical or native resources in the area.
Thus, it is not anticipated that the proposed request will have any adverse impact on
cultural or historical resources in the area.
The request will not have a significant adverse impact to traditional and
customary Hawaiian Rights. In view of the recent Hawaii State Supreme Court's
"PASH" and "Ka Pa'akai 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:
-4-
Investigation of valued resources: No formal archaeological reconnaissance
survey, oral history of kamaaina accounts of the area,historical survey of documentary
records, or botanical study was included in the application.
The valued cultural,historical, and natural resources found in the rezoning area.
As the site has been previously bulldozed and cleared, it is unlikely that there are any
valued cultural,historical, and natural resources to be found in the rezoning area.
Possible adverse effect or impairment of valued resources: There is no evidence
of any possible adverse effects or impairments will occur to any valued resources. Since
the property was formerly used for sugar cane cultivation and has been disturbed in the
past, it is unlikely that any archaeological or historic features exist on the property.
Additionally, 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 there is no evidence of any
valued cultural, historical, and/or natural resources found on the site,there is no action to
be taken. A condition of approval will be added for the protection of inadvertent finds
should any remains of historic sites, such as rock walls, terraces, platforms, marine shell
concentrations or human burials be encountered. The applicants shall be required to
cease work in the immediate area and contact the Department of Land and Natural
Resources—State Historic Preservation Division(DLNR-SHPD). Subsequent work shall
proceed upon an archaeological clearance from DLNR-SHPD when it finds that
sufficient mitigation measures have been taken.
Based on the above findings, approval of the Change of Zone request from an
Agricultural 20-acre (A-20a) to Family Agricultural 2-acre (FA-2a) zoned district would
result in an appropriate land use pattern that will further the public necessity and convenience
and the general welfare.
The accompanying draft bill to amend Section 25-8-33 (City Of Hilo Zone Map) is
provided for your favorable consideration. Please note the proposed conditions of approval are
attached to the draft bill.
-5-
COUNTY OF HAWAII STATE OF HAWAII
BILL NO.
ORDINANCE NO. (pgj , 7)
AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983
(2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL—TWENTY ACRES (A-20a)TO FAMILY AGRICULTURAL—TWO
ACRES (FA-2a) AT PONAHAWAI, SOUTH HILO, HAWAII, COVERED BY TAX MAP
KEY: 2-5-047:031.
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 Ponahawai, South Hilo,
Hawai`i, shall be Family Agricultural—2 acres (FA-2a):
Beginning at the east corner of this parcel of land,being also the south corner of
Lot 20-F and on the westerly side of Akolea Road, the coordinates of said point of
beginning referred to Government Survey Triangulation Station "HALA`I" being
8,622.60 feet South and 13,832.34 feet West and running by azimuths measured
clockwise from True South:
1. 27° 39' 32.04 feet along the westerly side of
Akolea Road;
2. 66° 17' 425.09 feet along Lot 20-D;
3. 65° 07' 278.24 feet along Lot 20-D;
4. 44° 00' 380.49 feet along Lot 20-D;
5. 139° 30' 535.05 feet along Lot 20-D;
-1-
6. 238° 39' 25" 861.13 feet along Lot 3, being a portion of
Grant 4655 to Keahi Kalauao;
7. 320° 46' 473.91 feet along Lot 20-F;
8. 246` 17' 254.57 feet along Lot 20-F to the point of
beginning and containing an area of
9.323 acres.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 (2005
Edition), the County Council finds the following conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
SEE ATTACHED CONDITIONS
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
-2-
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-
A-20a A-5a
A-20aOP
A-5a
A-20a A-3a
A-20a
j- "HAL';'6,:2&:'.3;'5--E
"HALA`Y'
A-3a
A-20a
A-3a
A-3a
A-20a
4
O
A-20a
J
6
A-3n A-3a
A-3n
A-20a
A-3a A-3a
A-20a
AGRICULTURAL-TWENTY ACRES(A-20a)TO A-3a
FAMILY AGRICULTURAL-TWO ACRES(FA-2a) A-3n
9.323 ACRES
A-3a A-3a
A-20a
0 A-3a
re
A-200A-3a
�_ A-20a ,
� -
rIte A-20a I-
P510
RS-10 "
ne si
RS 10
Ma P5-10 ■ .i arTfak A-la
Ate i0 10 R5 Mi1,iiCiiir5-10
Feet
0 1,000 2,000 3,000
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 -TWENTY ACRES (A-20a) TO
FAMILY AGRICULTURAL -TWO ACRES (FA-2a)
AT PONAHAWAI, SOUTH HILO, HAWAII
MAP PREPARED BY:
TM K:(3)2-5-047:031 COUNTY OF HAWAI'I, PLANNING DEPARTMENT DATE:August 10,2016
EXHIBIT "A" MeD: 1 80
CKai-REZ16-210.jwd 09-13-16
JOHN K. AND LORI L. KAI
CHANGE OF ZONE APPLICATION (REZ 16-000210)
CONDITIONS OF APPROVAL
A. The applicants,its successors or assigns shall be responsible for complying with
all of the stated conditions of approval.
B. The applicants shall submit the required water commitment payment to the
Department of Water Supply in accordance with its "Water Commitment
Guidelines Policy"within one hundred eighty(180) days from the effective date
of this ordinance. Additionally, the applicants shall construct necessary water
system improvements if required by the Department of Water Supply.
C. Final Subdivision Approval shall be secured within five (5) years from the
effective date of this ordinance.
D. All driveway connections to Akolea Road shall conform to Chapter 22, Streets, of
the Hawaii County Code.
E. The applicants shall install streetlights and traffic control devices if required by
the Department of Public Works-Traffic Division. The applicants shall be
responsible for the design,purchase and installation of such devices.
F. Restrictive covenants in the deeds of all proposed lots shall give notice that the
terms of the zoning ordinance prohibit the construction of a second dwelling unit
and condominium property regimes on each lot. Prior to the submittal of plans
for subdivision review, this restrictive covenant shall be recorded against the
parent lot(s)with applicability to all lots subsequently created from the parent
lot(s). This restriction may be removed by amendment of this ordinance by the
County Council. A copy of the proposed covenant(s) shall be submitted to the
Planning Director for review and approval prior to recordation with the State of
Hawai`i Bureau of Conveyances, with a copy of the recorded document to be filed
with the Planning Department along with the subdivision application.
G. All development generated runoff shall be disposed of on site and not be directed
toward any adjacent properties.
H. The method of sewage disposal shall meet with the requirements of the State
Department of Health.
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 mitigation measures have been taken.
J. Comply with all applicable County, State and Federal Laws,rules, regulations and
requirements.
K. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
1. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicants, 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 applicants should require an additional extension of time, the
Planning Department shall submit the applicant's request to the County
Council for appropriate action.
-2-
Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate rezoning of the area to its original or
more appropriate designation.
-3-
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WINDWARD PLANNING COMMISSION
COUNTY OF HAWAII
HEARING TRANSCRIPT
OCTOBER 6, 2016
A regularly advertised hearing on the application of JOHN K. & LORI L. KAI (REZ 16-210)
was called to order at 10:14 a.m. in the County of Hawai`i Aupuni Center Conference Room,
101 Pauahi Street, Hilo, Hawai`i with Chairman Gregory Henkel presiding.
COMMISSIONERS PRESENT: Gregory Henkel, Joseph Clarkson, Donald Ikeda, Myles
Miyasato, and Raylene Moses.
ABSENT & EXCUSED: Donn Dela Cruz.
ALSO PRESENT: Duane Kanuha (Planning Director), Molly Stebbins (Corporation Counsel
for the Windward Planning Commission), William Brilhante (Assistant Corporation Counsel for
the Planning Director), Malia Ho (Deputy Corporation Counsel), Jeff Darrow(Staff Planner),
Maija Jackson (Staff Planner), Christian Kay(Staff Planner), and Sarah Hata-Finley
(Commission Secretary).
And 15 members from the public in attendance.
APPLICANTS: JOHN K. AND LORI L. KAI (REZ 16-210)
Application for a Change of Zone from an Agricultural-20 acre(A-20a) to a Family Agricultural-
2 acre (FA-2a) zoning district for 9.323 acres of land. The property is located along the west
(makai) side of Akolea Road, approximately 2,700 feet from the Akolea Road—KaUmana Drive
intersection, Ponahawai, South Hilo, Hawai`i, TMK: 2-5-047:031.
HENKEL: So, we can move onto Agenda Item No. 6, John and Lori Kai, REZ 16-210.
DARROW: Thank you, Mr. Chairman. Good morning, Members of the Planning Commission.
If I can direct your attention to our next presentation. As mentioned, the Applicants are John K.
and Lori L. Kai. They are requesting a Change of Zone.
For reference, the subject application is located within the South Hilo District of Hawaii. More
specifically, we're looking in the Upper Kaumana area.
For reference, running in an east-west direction, we have Kaumana Drive as well as Waianuenue
Avenue, and we have Akolea Road running in a north-south direction. The subject property is
identified with a black outline.
Here's a closer view identifying the County zoning for the particular area. Again, for reference,
we have Akolea Road, and the subject property in black, outlined in black. The dark green
represents Agricultural—20 acre zoning. Immediately to the north we have and also to the east,
1
we have light blue which represents Agricultural– 3 acre zonings. A little bit more to the north,
we have Agricultural– 1 acre zoning.
This is the General Plan Land Use Pattern Allocation Guide Map for the area. Again, for
reference, we have Akolea Road, and the subject property identified in a black outline. The light
green represents Important Agricultural Land, and the white represents Extensive Agricultural
designations for the General Plan.
This is—the entire area is State Land Use Agricultural designation. Here's an aerial photo.
Again, we have Akolea Road and the subject property identified with a black outline. There is a
pole that provides access to Akolea and currently there is one single-family dwelling in which
the Applicants reside, which is located on the subject property.
The Applicants are requesting a Change of Zone from Agricultural–20 acres to Family
Agricultural–2 acre for 9.323 acres of land. This is in order to subdivide the property into four
parcels approximately two acres each in size. The Applicants will live on the—on one lot and in
their home that has been previously constructed and reserve the other lots for their immediate
family.
This is the site plan that was submitted along with the application. Again, for reference, we have
Akolea Road on the right side of the map that provides access. We have the flag pole, and the
subject property which identifies the lots that will be configured for the subdivision.
These are some site photos of the property. This is Akolea Road looking to the west. The
subject property or the access pole is on the right side. This is looking towards the east. Again,
on Akolea Road with the access pole on the left side. And, this is on the access pole looking to
Akolea Road, looking makai.
This is looking mauka with the access pole and the one home that is constructed on the subject
property. This is a little further up. This is looking makai with the subject property on the left.
Here's some other photos that just show the particular area. This is the area that is currently
vacant of uses at this time.
The Planning Director is recommending that the Planning Commission send a favorable
recommendation to the Hawaii County Council with conditions. Since the Background and
Recommendation was forwarded to the Planning Commission, we have received two letters.
One is dated September 16, 2016 from the Applicants' representative, Sidney Fuke, addressing
comments from different agencies, and more recently this morning, we received a letter via email
from Suzie Hamilton.
With that, that concludes our presentation. Thank you.
HENKEL: Are there any questions of staff, Commissioners? If not, I'll ask the Applicant or
representative to come forward.
CLARKSON: No, I-
2
HENKEL: —Oh, I'm sorry, Mr. Clarkson—
CLARKSON: —Could we just go back to the—the site, the area that shows the existing zoning.
The slide that shows the zoning and the immediate vicinity. There. Okay. So, there is Ag-3
immediately adjacent to the north; Ag-3 across the road; Ag-5.
DARROW: Correct, the light green is Ag-5. Ag-1 is the darker green. You have some to the
south and to the north.
CLARKSON: And do the—this is going to come up? Does, do the existing Ag-3's have 50 foot
right-of-ways?
DARROW: I believe they do. Unfortunately with this pole, they're not going to make the 50-
foot right-of-way.
CLARKSON: How wide is that right-of-way?
DARROW: Its 20 feet.
CLARKSON: Twenty feet.
DARROW: Yeah. The problem is, is they would have to acquire land from the other private
landowner that's mauka which would be very difficult.
CLARKSON: Okay, so I'm new at this so forgive me if this seems—
DARROW: —No, definitely—
CLARKSON: —why, I would think that right-of-ways as density increases, would gradually get
wider and wider to allow for bigger and bigger roads. Why is there a 50-foot right-of-way
required for Ag-3, and a 20-foot right-of-way required for Ag-2.
DARROW: That is a good question. I'm not sure when—when we went and spoke with the
subdivision section, it's, there's certain requirements for sizes of lots, and there are also
requirements for the amount of lots that are not a particular size. In this particular case, as long
as they did not increase to six lots, that they would be able to utilize the existing right-of-way for
the additional lot. If they were to go with a higher density or the larger lot, then it would have
required the 50-foot right-of-way, and it's just something in the Subdivision Code.
I'm sorry, there must be a reason for it. I'm just not sure what it is.
HENKEL: Are there any more questions from [sic] staff? Then, will the Applicant or their
representative please come forward, please?
DARROW: Thank you.
3
HENKEL: Mr. Fuke, you know the drill.
FUKE: Very busy day. Sorry.
HENKEL: Do you swear or affirm to tell the truth on matters before the Commission?
FUKE: Yes, I do.
HENKEL: Thank you. Proceed.
FUKE: Thank you very much, Mr. Chairman. The Applicant, Mr. Kai, is also over here. He's
had a chance to review the staff's Background Report and the proposed conditions and found
them to be acceptable. The staff's report is, as always, very accurate and so, you know, we have
no comment to that except that I'd like to respond just generally to I guess to Commissioner
Clarkson's inquiry regarding the road, you know, road right-of-way requirement.
As I understand it, you know, the Code is saying that, you know, if you're Ag-3 and above,
three, five, or whatever, then the minimum requirement for a right-of-way is a 50-foot wide. If
it's less than three acres, you know, zoning—whether it's FA-2, one acre of residential, then as
long as you have less than six lots being serviced by that proposed subdivision, then your right-
of-way can go as small as 20 feet. If you're gonna do like a six or less lot subdivision in a place
that's zoned for Ag-3 or Ag-5, there's no way you can have a right-of-way that's 20 feet wide.
That allowances is for smaller lot, you know, for all the smaller zoning and not larger zoning.
Part of the theory as I understand, is that if you have a large, you know, like zoning, like Ag-3 or
Ag-5, there is always a potential of that property coming in later on for further development,
rezoning, and as a result, in anticipation of further activity, they would want to see a wider right-
of-way. I believe that's the theory. Whether it's logical or not, I mean, it's, that I think is a
theory.
DARROW: If I can also interject and, Sidney, if you can confirm this, there is the possibility of
coming in for a roadway variance for these particular situations so unfortunately because this is a
Change of Zone and not existing zoning, we don't, we normally don't allow variances through
the subdivision process. So, in this particular case, they have to meet that required roadway
width because it is a new Change of Zone.
FUKE: The other thing, too, is like the Applicants' property has the pole—the width of the pole
is 20 feet wide, but there's an adjoining property that is also has a 20-foot wide pole as well, so
they do have a cross easement. So, as a practical matter, the—the, Mr. Kai's property has access
to a total of 40 feet but still that's ten feet short of the 50-foot requirement.
HENKEL: Thank you, Mr. Fuke. Are there any other questions of the Applicant, and I think
Mr. Fuke addressed the conditions that the Planning Director applied. If that's the case, then
thank you very much.
No one has signed up to testify. I'll look for a motion to close.
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MIYASATO: I make a motion to close public testimony.
IKEDA: Second.
HENKEL: It's been moved and seconded to close public testimony. All in favor say, "aye."
COMMISSIONERS: Aye.
HENKEL: Opposed? Okay, public testimony is closed. Now, I'll be looking for a motion for
action.
IKEDA: Mr. Chairman, can I ask Corporation Counsel a question?
HENKEL: Go ahead.
IKEDA: Is the motion correct or is it backwards?
MIYASATO: It is. It's backwards.
STEBBINS: I don't have that same script that you have.
IKEDA: Mr. Chairman, I'll make the motion.
HENKEL: Thank you.
IKEDA: I move that a favorable recommendation be forwarded to the County Council on the
application for Change of Zone, Docket No. REZ 16-210, based on the following, based on the
Planning Director's recommendations, findings which shall be adopted.
MIYASATO: Second.
HENKEL: It's been moved by Commissioner Ikeda, seconded by Commissioner Miyasoto [sic]
to approve. Any discussion? If not, we'll do a roll call.
DARROW: Thank you, Mr. Chairman. With that, we'll take the roll call. Commissioner Ikeda?
IKEDA: Aye.
DARROW: Commissioner Miyasato?
MIYASATO: Aye.
DARROW: Commissioner Clarkson?
CLARKSON: Aye.
DARROW: Commissioner Moses?
MOSES: Aye.
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DARROW: And Mr. Chairman.
HENKEL: Aye.
DARROW: The motion passes five to zero.
The discussion ended at 10:27 a.m.
Respectfully submitted,
Sarah Y. Hata-Finley, Secretary
Windward Planning Commission
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