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HomeMy WebLinkAboutCOM 0872.000 1994-1996 411041. •.• William G.Davis . �•Viee. Managing Director Stephen K.Yamashiro -.; ;. :• Mayor ' = Henry Cho e��.;�pF � P�- Deputy Managing Director A ILtUttt zif ulna 25 Aupuni Street,Room 215 • Hilo,Hawaii 96720-4252 • (808)961-8211 • Fax(808)961-6553 KONA: 75-5706 Kuakini Highway,Suite 103 • Kailua-Kona,Hawaii 96740 (808)329-5226 • Fax(808)326-5663 December 11, 1995 cr rn Honorable Keiko Bonk-Abramson, Chairwoman +- r' IND ri and Members of the County Council z, —o County of Hawaii ? a 25 Aupuni Street D, c Hilo, HI 96720 - rn to Dear Chairwoman Bonk-Abramson and Members: Change of Zone Application(REZ 95-9) Applicant: Kenneth S. Yamashita Request: A-10a to A-5a , Tax Map Key: 2-7-5:12 As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action is the Planning Commission's letter and enclosures regarding the above-referenced Change of Zone Application. Sincerely, phen K. Ya ► shiro ayor AK:syw LYamas01.MAY Enclosures cc: Planning Commission REZ 95-9 /34/ 1 S$ Came. No. 3 7Z Pile No....... ZN G Ai Ref. Ref. I to DEC 1 3 1995 • i91 Stephen K.Yamashiro � Mayor • - r . : :• +int•.....°•'p�`�- OFOF. eount ofAuft raii PLANNING COMMISSION 25 Aupuni Street,Room 109 • Hilo,Hawaii 96720-4252 (808)961-8288 • Fax(808)961-9615 December 11, 1995 Honorable Keiko Bonk-Abramson, Chairwoman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairwoman Bonk-Abramson and Members: Change of Zone Application (REZ 95-9) Applicant: Kenneth S. Yamashita Request: A-10a to A-5a Tax Map Key: 2-7-5:12 The Planning Commission, at duly held public hearings on October 11, 1995, and November 22, 1995, reviewed and acted on the above-referenced application for a change of zone for approximately 13.576 acres of land from an Agricultural (A-10a)to an Agricultural (A-5a) zoned district. The property is located along and to the south of Kaieie Homestead Road, Kaieie Homesteads, South Hilo, Hawaii. The Commission voted to send a favorable recommendation to the County Council without conditions. At the site inspection on November 22, 1995, it was discussed, and the applicant agreed, that the water issue will be addressed during the subdivision process. The Commission also felt that the roadway was adequate. For your favorable consideration, an amendment to Section 25-113 (South Hilo District Zone Map) of the County Zoning Code is transmitted. Honorable Keiko Bonk-Abramson, Chairwoman and Members of the County Council Page 2 We are also enclosing copies of the application, staff background, Planning Director's denial recommendation and transcripts for your information. Sincerely, Edward E. Crook, Chairman Planning Commission AK:syw LYamas02.pc cc: Honorable Stephen K. Yamashiro, Mayor Mr. Kenneth S. Yamashita Roy T. and Jolie K. Yamashita Department of Public Works Department of Water Supply dr BYAMASO 1.AGK-9/26/95 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT • KENNETH S. YAMASHITA CHANGE OF ZONE APPLICATION NO. 95-13 KENNETH S. YAMASHITA is requesting a change of zone for approximately 13.576 acres of land from an Agricultural-10 acre (A-10a) to an Agricultural-5 acre (A-5a) zoned district. The property is located along and to the south of Kaieie Homestead Road, Kaieie Homesteads, South Hilo, Hawaii, TMK: 2-7-05:12. APPLICANTS' REQUEST 1. Request: The applicant is requesting the change of zone in order to subdivide the property into two lots consisting of 6.786 and 6.790 acres in size. One lot will be Aned by the applicant and the other will be for a family member who presently ;sides in the existing dwelling on the property. 2. In support of the request, the applicant has submitted the following: (See Exhibit A - Application For Change of Zone) STATE AND COUNTY PLANS 3. State Land Use District: Agricultural. 4. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Intensive and Extensive Agricultural. 5. Northeast Hawaii Community Development Plan (CDP): The CDP reflects that the area remain for agricultural uses. The Northeast Hawaii CDP was adopted by County Ordinance No. 445 effective June 26, 1979. Att. to Comm. 672 Re : Bill 188 s ` 6. County Zoning: Agricultural-10 acre (A-10a). 7. Special Management Area (SMA): The property is not within the Special Management Area. DESCRIPTION OF THE PROPERTY AND SURROUNDING AREA 8. Subject Property: The property is located along and on the Hilo side of Kaieie Homesteads Road, across of the Mauna Kea Memorial Park. It is approximately 538.44 feet wide and 1104.77 feet long. The rear property boundary borders Kaieie Stream. An intermittent stream and gulch, approximately 425 feet from Kaieie Homesteads Road, traverses the mid-section of the parcel. 9. Existing Use: There is an existing single-family dwelling on the property which was constructed in 1990. Portion of the land is presently cultivated in ginger and taro. 10. Rainfall: Mean annual rainfall is about 150 to 200 inches. 11. USDA Soil Type: The front half of the property is identified as Kaiwiki Series soils which consists of well-drained silty clay loams. In a representative profile the surface layer is dark brown silty clay loam about 15 inches thick. The subsoil is dark-brown and dark reddish-brown silty clay loam about 48 inches thick. Permeability is rapid, runoff is slow, and the erosion hazard is slight. Kaiwiki soils are used for sugarcane. The remaining portion of the property from the intermittent stream to Kaieie Stream consists of Rough Broken Land which is a miscellaneous land type described as very steep, precipitous land broken by many intermittent drainage channels. -2- • 1 • 12. Land Study Bureau Soil Ratings: Class "C" or Fair and Class "D" or Poor (area within the Rough Broken Land soils). 13. Agricultural Land of Importance to the State of Hawaii (ALISH): Prime Agricultural Lands and the remaining is unclassified (area within the Rough Broken Land soils). 14. Flood Insurance Rate Map (FIRM): No map panel is printed as the area is within Zone X, areas determined to be outside 500-year flood plain. 15. Flora and Fauna/Archaeological: The property was utilized in sugarcane cultivation but portion is presently improved with the existing dwelling and ginger and taro cultivation. Therefore, it is unlikely that any endangered species of plant or animal exists nor is any adverse impact on cultural or historical resources anticipated. 16. Surrounding Zoning/Land Uses: The surrounding properties are within the State Land Use Agricultural District and primarily zoned A-10a by the County Zoning Code. Two 6.3+-acre parcels, approximately 685 feet east of the property, were rezoned • from A-10a to A-5a in November 1972. Water was available for the 2-lot subdivision at that time. Lands include scattered single-family dwellings, agricultural uses and vacant lands. The Mauna Kea Memorial Park is located across of the property on the Honokaa side of the road. UTILITIES AND SERVICES 17. Access: Access to the property is from Kaieie Homesteads Road which has an approximately 30 foot wide right-of-way with varying 11 to 14 feet wide pavement and -3- • • varying 2 to 7 feet wide grass shoulders. Kaieie Homesteads Road is in substandard condition. The pavement fronting the property is approximately 11 feet wide. 18. Water: An existing 3-inch waterline fronts the property. 19. Electricity and telephone services are available to the property. AGENCIES' COMMENTS 20. Department of Public Works: (See Exhibit B - Memorandum Dated 6/6/95) 21. Department of Water Supply (DWS) - Memorandum Dated 5/2/95: "Please be informed that the Department's existing water system facilities cannot support the change of zone application and subsequent subdivision at this time. Extensive improvements and additions, including source, storage, transmission, booster pump, and distribution facilities, must be constructed. Currently, sufficient funding is not available and no time schedule is set." 22. Applicant's Response to DWS Letter Dated 6/21/95: (See Exhibit C) 23. DWS Response to Applicant Letter Dated 6/28/95: (See Exhibit D) 24. Police Department: "The above application has been reviewed and we foresee no adverse effect should it be granted." 25. Real Property Tax Office: "Parcel is being assessed for agricultural use. Taxes are current." 26. State Department of Education: "We have reviewed the subject application and have determined that the proposed development will have no impact on the schools in the area." 27. State Department of Health: "Found no environmental health concerns with regulatory implications in the submittals." -4- • 28. State Department of Transportation-Highways Division: "The subject zone change is not anticipated to have a significant impact on our State transportation facilities." 29. Hamakua Soil & Water Conservation District: (See Exhibit E - Letter Dated 5/8/95) AGENCIES' NO COMMENTS/OBJECTIONS 30. Fire Department AGENCIES' NO RESPONSE 31. Department of Parks and Recreation, Department of Agriculture, Department of Land and Natural Resources and HELCO -5- ♦1 APPLICATION FOR CHANGE OF ZONE COUNTY OF HAWAII PLANNING DEPARTMENT APPLICANT : 2/4/1///f/1//74 , A4°4641,4E7 S' APPLICANT ' S SIGNATURE: / #.4�� . �l--e ..-., ' DATE: /04, I ADDRESS : T7 e4/'4 /m'.'p ,4 ' L r/A dA N a1 //,4w4// S7; LIST APPLICANT ' S INTEREST IF I'M OWNER 7//v/42F ee7m4Few ,A/447/9( w' qr LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS ,(4.4.44/ 7-# r )4/ .;SN I r.4- / X14 4e$/ AL 7AMc/1' P4 TELEPHONE-BUSINESS: #3'7 943/ RESIDENCE: 24 f- 7 REQUEST : /7 /0 TO /4 6 ( Existing zoning ) (Proposed zoning) TAX MAP KEY: Z~ 7.- 5 : /Z 5-1 AREA OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: /3• S;35. ACRES LANDOWNER(S ) : ( Dy /, >/// /11/51-.5/471/779- ‘, ./le, K Yamos%iTz OWNER' S SIGNATURE4.. ,01!if ' - TE: ,3. '!.5 j / May be by etter AGENT: ADDRESS: . 27-‘62 i 3 iri'9/ ./C ///715-77°, / 747"(92 / " // i> / 967 P7 TELEPHONE-BUSINESS: 96/ 4I7LRESIDENCE: Y94L /o'7- Please indicate to whom original correspondence and copies should be sent . ORIGINAL /Optic,'Air COPIES ZAA/O©w•VE . Exhibit A (See Inst ) 11 • , , -, / tltg t- Ii ATTACHMENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII • APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? If yes, please answer the rest qf question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? b. Into what lot sizes? .82S-Acee c. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans 44/e/ERg to the Planning Department for preliminary approval? d. Do you intend to build houses on the newly created lots? If yes, please answer the following questions: On how many of those lots? At what approximate price range? House /c76',0t Lot Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? icikr If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application tom, tA/Ci oSt 0 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? A/4 b. Sell or lease the land to someone who has tentative plans? A/.4 c. Sell or lease the land to someone who has no plans? d. Keep it? e. Other (please state) s 0 A f. If you intend to do either a, b, c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? How? %'c&4f ,9y 0,4/V ire ,4q /L y A/6z-v 4. Are there any buildings on the subject area? YES. If so, what kind? 6;,v LLQ M L PutEz/W/6 (1) ON,. dw What do you intend to do with those buildings if your request is approved? /1/2 Cl/A Al 5. Is the subject land currently being used for .any agricultural activity? ES If so, please list the kinds of products grown and on how many square feet or acres of land per product. TARO L ACRES Gui TC H Z 4 rifest s', �Pb•heA'I7/s'o Aifq. (oT4T, #/, 6. Was your request to allow for the creation of smaller agricultural `/ lots? ,r0 If so, did your plan include the following considerations? a. Commodity to be produced? What kinds of commodity? b. Suitablility of the proposed lot-size for that commodity? c. Sufficient farm size to allow reasonable chance of success in commercial agriculture? -2- d. Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? Please state the proposed type of arrangement. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. 7. To your knowledge, has there been any flooding and/or drainage problem on the subject area? 0 If so, please describe the problem. 8. Do you think that the roads leading to the subject area needs AV,/o improvements? Er/.577A/G /64 VeD RD An If so, what kind? Is zhe r..:ad adequate for the propcsed 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 v' b. Roads • c. Sewer d. Drainage -3- Yes No I v/ e. Police Protection f. Fire Protection se/ g. Recreational Facilities h. Public Utilities i. Other For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. Signature: /C...414/-11 - Address: 44747 ,h1I/4,#4/ . //aliPA, /9/ Telephone: .24z-S Date: / /27////ff $ s COUNTY OF HAWAII Planning Department Hilo.Hawaii Subject: CHANGE OF ZONE REQUEST Agriculture 10-Acre to Agriculture 5-Acre Kaieie,Papaikou,Hilo.Hawaii • Tax Map Key: 2-7-05-12 Applicant: Kenneth S. &Maureen N. Yamashita Gentlemen: The applicants request zoning amendment of a 13 plus acre lot for agriculture 10-acre to agriculture 5-acre. The proposed lots would be divided approximately in half. Request for a zoning amendment is made to allow a proposed subdivision of the 13 plus acre parcel, 6.8 acres to the applicant and 6.8 acres to the present named owner allowing each to have title to their respective portion of the farm which in turn would allow both parties to plan their respective financial portfolio and estate planning. The present State of Hawaii land use designation of the subject parcel is agriculture as is the surrounding areas. There are however, seven(7)subdivided lots(approximately 1.7 acre each)directly across from the subject lot TMK 2-7-05-12.on Kaiei Homestead Road. Mauka of these seven lots is the Mauna Kea Memorial Park. The applicants intentions are to maintain the farming activity which would be consistent with the goals of the General Plan Document of the State of Hawaii. The proposed usage and designations stated above would allow consideration for the requested agriculture 5-acre zoning. Makai of lot TMK 2-7-05-12 is a 6.05 acre lot owned by Mr. &Mrs.Tadao Sadayasu. Mauka is a 12.12 acre lot owners Mitsue Morigaki.Yoshino Yamaguchi and Asayo Tsugawa. Directly in back of lot 2-7-05-12 is the Paihaalo Grant. Environmentally,there will be no change. Vegetable farming will continue as has been for the past 40 plus years. Currently one dwelling exists on the site. There is no immediate plans for the construction of an additional dwelling should the subdivision request be granted. The current roadway is adequate and public water is available but additional usage is not anticipated at this time. This request would fit in with the rural-agriculture ambiance of the arca alongside Kaiei Homestead Road,and ask your favorable judgment. My mom and dad have been farming on this farm since 1950. Prior to that sugar cane was the primary crop cultivated by the previous owner. My brother and I began helping on the farm since our early elementary school days. I remember driving the tractor for the first time when I was in the 3rd grade and have loved the farm eversince. We have not experienced any drainage problems nor flooding during / .A our time working the farm. According to records on file with the County Planning Department and the State Department of Land and Natural Resources,the area does not have any known or recorded archaeological sites nor have we seen ally evidence of one. We trust the above detailed description is adequate to help you form a favorable decision. Very Truly Yours. K. amashita 4 . Q \- li, m i03 V ,•• N , yah .-) � �' • A• m' .i a r tOk k. ZO Fn flume 4 t,? r,* t 3, �E�'\'!� '.,,.` R/ry Q ;... I `�. - . , -. °II V• - ‘.. ti •--..,.,.. ..,..:z,s..;,....,s.iis,\ • -410 4 a n a► ry :/. i 129 ‘ � ClQ ' Al,;,, "'� c ��o .�{ 5v • ......\--, _ • o •t�b� . .'k a► a ° His,9hiZ Hays! a .r�E ,1�,� 3 • " � � d1 N. . . ats rh tV\ f r• 689 � 70770 C 1 t5k Z, v.. *a ...to!..--"%„,, r"\ Acs• ev. ' 67 j • , eD %fir%rrD„ 5171/' .--.•. • .;•.g.l ,) Z.,‘ I...'• 4 '04 1 ' 'i. - 1 4)1/4 v 4, 1 \ , \ ioal9C0' I fi . Z ‘., �• .e(� yow�. .• a -, Prat 0. • 19 5 `-� • " 2,:•.1..;v ; i :44:• ada5h1 1 h' .A )./ tc,:, - . . /3.O. - 0 ii.,or,4Ps 'Yr • u • • i. 5.., „di: f., '�.' Qac 4 / I6'• rukino. T/E �. :.•.‘ 21!'4: ,1•.... ;•:. - • 6 .ir ' ..- - *sC e r la 9a3 6 r. 74 35 L 1 Gvae : 50 P-- ,.:,,,. ize • ' • ,:.‘,.c.i :. -, kj.:-..4; 8 1 ,g.:. • , • 1 I \ -- K• . ,,,,,.! .7 .,,,.: . ....:ir., ...,______,' """............."'":V_____,.. ) ,�'• •; •• \ S”4 L.' •• ,,9 '• '�► I' , • ...,. .. . • •% •• ------.P3-1-c,57,00 —----------______ _ �.;; ., .fir . . . 'Ys 4 • I7�7 \ 1 ,40Y n. j 4 • i .•.• �'�'' I . PreI'�r • ,' sy.- .` il. ( ii 6' - - p ,-ce a. • • s • p o, 7: r°.• 7: 0 0 0 Lot 17 O II 0, CP . Ca N s z r— W 6 Mauna Kea ° Memorial Park 0 Oa Cl) VI 0,0P goo KAIEIE HOMESTEAD0`\�0� �,o� ---- . l9 27118'30' l265'23.- —281.04 257.44 EXISTING i 'DWEWNC z3. iN CO IM= n= c..a .--cvn- Lot 7—B Lot 5—A in Mitsue Morigakl N N n ao Tadao Sadayasu et al — Owners a, .. 4 co and wife Yukino o 0 (n W 0 Owners W Q CD C I O CD < (0 < fF— fF- o i N t0 10 N Zo O 0 Co tin n M — M M O rJ * 216.8 _ 5, _. 282.97 7915�1O 9310' 325.00 I Mauna Kea Agribusiness Co. Inc. — Owner OWNER: ROY YAMASHITA AND WIFE JOLIE K. 27-663 Kaieie Homestead Road Papaikou, Hawaii 96781 t9,1*T.Sh,� PLAN SHOWING Qo�v 9LICENSED ' PROPOSED CHANGE OF ZONE PROF ESS!ONAL FOR A PROPOSED SUBDIVISION OF LOT 6 * LANDsuRVEYUR Tr No.s9es OF KAIEIE HOMESTEADS, BEING ALL OF GRANT 6903 TO LOUIS DE NOBRIGA '41VAII USP' INTO LOTS 6—A AND 6—B KAIEIE, SOUTH HILO, ISLAND OF HAWAII, HAWAII Survey and Plan by Island Survey, Inc. This work was yrsup�is by me P.O. Box 4215, Hilo, Hawaii 96720 March 10, 1995 (jL.çj _ - ROBERT T. SHIRAI, PLS State of Hawaii Cert. No. LS-5985 • DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII H I LO, HAWAII DATE : June 6, 1995 7/&4101444144t TO : Virginia Goldstein, Planning Director Planning Department FROM : Galen M. Kuba, Acting Division Chief Engineering Division r 1 SUBJECT : CHANGE OF ZONE APPLICATION (REZ 95-9) Applicant: Kenneth S. Yamashita Location: Kaieie Homesteads, South Hilo, Hawaii TM K: 2-7-5: 12 We have reviewed the subject application and our comments are as follows: 1. Building shall conform to all requirements of code and statutes pertaining to building construction. 2. All development generated runoff shall be disposed on site and shall not be directed toward any adjacent properties. 3. The existing Kaieie Homestead Road, leading up to the subject property, is of substandard conditions. Existing features are an eleven to fourteen feet wide pavement (depending on location) in poor to fair condition, with two to three feet wide grass shoulders. On the lower end of the road, buildings are constructed with minimal (nonconforming) setback distances, and vehicles are parked along the side of the roadway, which makes driving this one-lane road unsafe. 4. The existing Kaieie Homestead Road, fronting the subject property, has an eleven feet wide pavement in fair condition, with seven feet wide grass shoulders. CKY Exhibit B P June 21, 1995 County of Hawaii - �, Department of Water Supply , , 25 Aupuni Street Hilo,Hawaii 96720 Attention: Mr. Milton D. Pavao,P.E. Manager Subject: Change of Zone Application No. 95-9 Applicant: Kenneth Yamashita Request: A-10a to A-5a Tax Map Key: 2-7-5: 12 Gentlemen: I am in receipt of your letter May 2, 1995 (#05338)and understand fully the current County's circumstances,however,I'm in a situation which is somewhat sensitive. Please let me explain briefly. My parent's intentions was to leave the subject property to my brother and me. Six years ago my brother had to build a home under rushed conditions so the property was transferred to him and his wife to build on and for use as collateral,presently they are being divorced. • Your support of the change zone application under this unusual and sensitive situation will satisfy my parents original intentions. My plans to farm will not be for another fifteen years, in the mean time my parents can be assured of continued farming. Any suggestions you may have will be appreciated. Very Truly Yours Kenneth Yamashita Copy: Virginia Goldstein Planning Director Exhibit C -•••"*""-"`; t\ •••••------ • ••• DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII 25 AUPUNI STREET • HILO. HAV Al 20 .........• . TELEPHONE (308) 969• 1421 • FAX 1,in8969 .),1),, June 28, 1995 Mr. Kenneth S. Yamashita 476 Aulima Loop Kailua-Kona, HI 96734 —, • CHANGE OF ZONE APPLICATION NO. 95-9 TAX MAP KEY 2-7-05: 12 This is in response to your letter of June 21 , 1995. Please refer to our memorandum of May 2, 1995 to the Planning Department for our comments and requirements regarding the proposed change of zone. We reiterate that the Department of Water Supply's existing water system facility is not capable of supporting the change of zone and proposed subdivision at this time. Please be informed that water availability in the area is limited to one 1/4-inch meter and 600 gallons per day per existing lot of record. Furthermore, the Department of Water Supply is not the approving agency for change of zone subdivision requests. We suggest you consult with the Planning Department for any further information regarding the subject application. Milton D. Pavao, P.E. Manager WA Exhibit D - - /2/0,. A.i 1,11tit,/7 rey 4 A 114 I 1 10 4 HAMARUA SOIL & WATER CONSERVATION DISTRICT 154 WAIANUENUE AVENUE FEDERAL BUILDING RM. 322 HILO, HAWAII 96720 • DATE: May 8 , 1995 TO: Virginia Goldstein (Planning Director) County of Hawaii Planning Department 25 Aupuni St. Rm. 109 Hilo, Hawaii 96720-4252 SUBJECT: Change of Zone Application (REZ 95-9) Applicant: Kenneth S. Yamashita Request: A-10a to A-5a TMK: 2-7-5 : 12 We have reviewed the above application, and it has been observed that an intermittent stream & gulch runs through the med-section of this parcel; entering from the western boundary line and exciting through the eastern boundary line. Since 1950, there have been no known records of flooding or drainage problems occurring on this parcel. Therefore, caution should be exercised for any future development of which may occur within this parcel. Drainage patterns should not be changed or altered; and construction should be avoided within the drainage area. Sincerely, Thomas B. Crabb Hamakua SWCD, Chairman cc: File NRCS • Exhibit E RYAMAS01.AGK-9/27/95 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION KENNETH S. YAMASHITA CHANGE OF ZONE APPLICATION NO. 95-13 Upon review of the request, the Planning Director recommends that the Planning Commission forward an unfavorable recommendation of the change of zone request 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 based upon additional information presented at the public hearing. This unfavorable recommendation is based on the following findings: The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document'sgoals 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. From a land use perspective, the change of zone request may conform to the LUPAG Map designation of Intensive and Extensive Agricultural. However, the request must also be reviewed against applicable goals, policies and standards of the General Plan. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through a comprehensive policy analysis approach that evaluations and decisions can be made to better time or stage developments to achieve quality growth. The implications of these evaluations and decisions must also be considered as they may have an impact on other similar areas in the County. The goals, policies and standards of the Land Use Element of the General Plan states that "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 General Plan further states that areas to be considered for rezoning "shall have basic improvements and amenities necessary for immediate use." The adjacent surrounding lands are zoned A-10a. Approval of this request without the availability of adequate public utilities and access would bring pressure on larger lands situated in the area for future rezoning requests. Aside from the land use issue, the existing water system facilities is not capable of supporting the requested density increase. There is an existing 3-inch waterline fronting the property. However, according to the Department of Water Supply, the applicant would be required to upgrade to a 4-inch waterline and provide a water reservoir and booster pump. The General Plan states that water systems shall meet the requirements of the Department of Water Supply and the Subdivision Control Code. The Subdivision Control Code states that a subdivision shall be provided with a water system meeting with the minimum requirements of the Department of Water Supply. The Department of Water Supply has stated "The existing water system facilities cannot support the change of zone request and subsequent subdivision at this time. Extensive improvements and additions, including source, storage, transmission, booster -2- • pump, and distribution facilities, must be constructed. Currently, sufficient funding is not available and no time schedule is set." Thus, even if the zone change is granted, the applicant would not be able to fulfill the eventual plans to subdivide the property. While the applicant could seek a variance from the water requirements of the Subdivision Control Code, in cases such as this, it has been the Planning Department's position not to sanction a rezoning request knowing that such an action may be considered. It would be premature on our part to grant the rezoning request knowing that the existing water system facilities are inadequate or that the applicant would subsequently request a variance at the time of subdivision review. Until such time that reasonable assurance can be given that the water system facilities can accommodate the proposed development, it is felt that this particular change of zone request should be denied. Another concern is with respect to the Kaieie Homesteads Road which serves as the primary access to the property from the Hawaii Belt Road. The creation of additional lots along the roadway will greatly affect the roadway's capacity. Further, should similar rezoning requests be approved, the potential increase in the number of lots and density would have a major impact on the ability of Kaieie Homesteads Road to provide for the needs of the residents. To increase the density of this particular area under these circumstances would only aggravate an already inadequate situation. The homestead road which extends from the Hawaii Belt Road, approximately 1.8 miles, to the subject property has a right-of-way width of approximately 30 feet with varying 11 to 14 feet wide pavement and varying 2 to 7 feet wide grass shoulders. In order to -3- warrant any change of zone and subsequent subdivision approval, adequate access must be provided to the property. In this particular case, the existing roadway is in poor and substandard conditions. We therefore conclude that to approve a change of zone request under these circumstances may result in other problems at the time of subsequent subdivision review. Based on the above findings, it is determined that under present circumstances, the granting of this particular change of zone request would not result in a more appropriate land use pattern that will further the public necessity, convenience and the general welfare. -4- 4 4 PLANNING COMMISSION COUNTY OF HAWAII MINUTES October 11, 1995 The Planning Commission met in regular session at 9: 05 a.m. in the County Building, Councilroom, Room 201, 25 Aupuni Street, Hilo, Hawaii, with Vice-Chairman Kevin Balog presiding. • PRESENT: Kevin Balog ABSENT: Ed Crook Eddie Alonzo Isaac Fiesta Ex-officio Member Mary Katayama Milton Pavao Melvin Martinson Lin McIntosh Leonard Tanaka • Virginia Goldstein, Planning Director Alice Kawaha, Staff Planner Susan Gagorik, Staff Planner Gerald Takase, Deputy Corporation Counsel Case Yanagihara representing Ex-officio Member Donna Kiyosaki The Vice-Chairman introduced the Commissioners and staff to members of the public. The Commission deferred the approval of the minutes and administrative matters till later on the agenda. SPECIAL PERMIT The Commission took this item up at SAMUEL J.C. GUEVARA 9:05 a.m. with approximately 23 people WAIMEA, from the public in attendance. SOUTH KOHALA VICE-CHAIRMAN: The first item on our agenda is a continuation of a public hearing of Samuel J.C. Guevara for a. special permit to allow the establishment of an automotive repair shop on approximately 22,500 square feet of land situated within the State Land Use Agricultural District. Alice? KAWAHA: Thank you, Vice-Chairman Balog. For the Commissioners' information, you're looking at the location map. This line here in black is the Mamalahoa Highway. This red dot is the subject property. The zoning surrounding that subject property is Ag-5 acres, which is in the green. To the Honokaa side of the property in blue is Ag-3 acres. On the opposite site of the Mamalahoa Highway is zoned Ag-40 acres. In looking at the site plan, this is the subject property. Again, this is the Mamalahoa Highway. The garage, the exiting garage site is this one here in black. Here's the existing farm 11 i CHANGE OF ZONE The Commission took up this item at 2:06 p.m. KENNETH S.YAMASHITA with approximately 4 people from the public KAIEIE HOMESTEADS, in attendance. SOUTH HILO VICE-CHAIRMAN: The next item on our agenda is application of KENNETH S. YAMASHITA for a Change of Zone for approximately 13 .576 acres of land from an Agricultural-10 acre to an Agricultural-5 acre zoned district. . The property is located along and to the south of Kaieie Homestead Road, Kaieie Homesteads, South Hilo, Hawaii, TMK: 2-7-05:12. Alice. KAWAHA: Thank you, Mr. Chairman. Okay, looking at the location map, this darker line here, it's Hawaii Belt Road. To my left here is the direction to Hilo; to the right it's the direction to Honokaa. Kaieie Homestead Road starts from Hawaii Belt Road going mauka. The subject property is zoned Ag-5 acre • and it's colored in green. The surrounding properties are zoned Ag-10 acre -, I'm sorry, the subject property is Ag-10 acre and it's represented by this red dot. The surrounding property owners, ' surrounding properties are zoned Ag-10 acre. On the other side of this Kaieie Stream is zoned Ag-20 acre. This site plan is just to show how the proposed lot would be subdivided into two pieces. There's an existing house on this portion of the property. Again, this is a change of zone from an Ag-10 acre to -. VICE-CHAIRMAN: Ag-5 acre. KAWAHA: Ag-5 acre. At this time, the Planning Director is recommending an unfavorable recommendation to the Planning, to the County Council based on that there's no water available for the additional density: VICE-CHAIRMAN: Commissioner Tanaka. .TANAKA: Could you point out the Mauna Kea Memorial location for us. I think it's hidden behind that other drawing. KAWAHA: Okay. This subject property on the Honokaa side of Kaieie Homestead is the Mauna Kea Memorial Park. TANAKA: . Thank you. KAWAHA: Are there any questions? FIESTA: Yeah. Above the Memorial Park, you do have residents already there. But do they operate out of catchment water or County water? Do you guys know? -76- 11 • KAWAHA: Presently, there's a 3-inch line running within Kaieie Homesteads; and according to Department of Water Supply, a 4-inch line and a water reservoir and booster pump would have to be, as far as improvements, would have to be made to improve the water service. MARTINSON: Okay. GOLDSTEIN: Excuse me. VICE-CHAIRMAN: Planning Director. GOLDSTEIN: I think. His question was does that essentially also go up further mauka of Mauna Kea Memorial Park, the water line? KAWAHA: I'm not too sure where the existing water line ends. VICE-CHAIRMAN: Is the Applicant and/or his representative here? Okay, please come forward. Raise your right hand. Do you swear to tell the truth on the testimony you are about to give before the Hawaii County Planning Commission? YAMASHITA: I will. VICE-CHAIRMAN: Did you receive both the Background Report and the Recommendation? YAMASHITA: Yes, I did. VICE-CHAIRMAN: Thank you. Proceed, comments. YAMASHITA: Okay. I'd like to appeal to have these Recommendations reversed because the reason is it's right now a one, a parcel that's in my brother's name. It was left for my brother and myself by my parents. And my brother is going through a financial hardship right now and he may want to sell -the property. And if he does that, then my parents, who are presently still farming, will not be able to go up there which, you know, they've been doing for the past 50 years. So I'd like to have it rezoned and to have one portion in my name and one in his. Then, in the event that my brother does sell, my parents can still continue with their farming. Like, I'm from Honolulu, and eventually, maybe in 15 years, I had planned on coming back. But that's how it stands as of now. It's just basically for our individual portfolios and also to have my parents have the land available in the event my brother does sell. Yeah, that's all. VICE-CHAIRMAN: Is there anyone else in attendance who wishes to testify on this item? -77- 1 FIESTA: Seeing none, again, they do have County water and, you know, if the recommendation or conditions stated that if you - do subdivide it, this would be the following conditions for the rezoning. I mean, could it be worked out? Surely, you know, there are hardship concerns that was raised. Instead of denying it, I mean -. VICE-CHAIRMAN: Planning Director Goldstein. GOLDSTEIN: So what you're asking is would there be conditions that might be placed on an approval, recommendation for approval that would help -? FIESTA: Favorable recommendations. GOLDSTEIN: At this point, I think I would be kind of hard pressed. I think policy-wise, we've been pretty consistent about, you know, rezonings when there is no water. We did, essentially, recommend -, the last one was on the Thomas one, where we did recommend a denial and the Commission, of course, recommended an approval, hoping to get some sort of read from, some water policy read from the County Council. We haven't quite gotten that kind of read yet. As to, you know, which way to go, certainly, had this been a straight subdivision, you know, without the necessity for a change of zone, there would have been the possibility of a water variance. There is that, you know, that I'd have to say. And I understand, you know, the situation and am sympathetic, but I think it would be a change in direction in terms of our overall policy kinds of directions that we've been going with respect to rezonings. Like I say, we haven't really gotten a read from County Council yet, so -. KAWAHA: I would like to add, also, that the Kaieie Homestead Road is substandard, also. MCINTOSH: Define substandard. VICE-CHAIRMAN: I got a question. Earlier in the day, we approved • a change of zone from Agricultural-40 acre to Agricultural-1 acre and there was only a certain amount of water meters that were available. And if this is the same case, there's only one water meter available, couldn't you put the same type of stipulation on to the rezoning that when water would be made available, the second 5-acre parcel could have water? If not, there's no water and that's it. Is that possible? No? Yes? GOLDSTEIN: It's not quite the same situation, I think, because in the other example there was enough water to cover for at least seven lots that would have been committed. The condition was that, essentially, they would not be able to come in for a variance to allow more than seven lots although the zone itself would have allowed a further density or more lots. -78- s Nevertheless, the condition that no water variance be applied for until further improvements to the system was in place, at that point, then they could, essentially, exercise the potential density. And this one is just two lots, you know; I'm going, how, I don't know how we would structure something. FIESTA: The lot that have their house on it, does it have County water? YAMASHITA: It does. FIESTA: It does have County water? MCINTOSH: Yeah, there's a 3-inch line running in front of the property according to this Recommendation. FIESTA: Uh huh. MCINTOSH: The problem is that the Department of Water Supply is saying that that line would have to be upgraded to a four-inch in order to accommodate these uses. So we're back to where we are; there really isn't any requirement for water except for meeting the standards. The Council still has not made a decision on that last one. They've ducked it and they lectured everybody that family planning is not a reason to rezone property, because I happened to be that meeting. What is our policy, and is it time to readdress that? Aside from that, I'd ask you to define substandard. FIESTA: Substandard roadway. MARTINSON: Didn't we have a case in Kau, up in the, going up to Waiohinu? There's a similar situation with a smaller pipe, with a smaller pipeline, and it was overturned, but which we denied it and it was overturned by the Council. GOLDSTEIN: Water, also, on that one, though, changed its position. They had granted, I believe there were three meters on 'that lot, however they got it, however they got those meters, so -. But, in any case, before the County Council actually acted on that petition, Water Supply changed a position in terms of the water availability or, you know, that it should be denied because there was no water. VICE-CHAIRMAN: Can we get someone from Department of Water to come up, please? And until they reach here, we'll take a five- minute recess. TANAKA: Mr. Chairman? Mr. Chairman? VICE-CHAIRMAN: Yes, Commissioner Tanaka. -79- 1 TANAKA: Just one comment on the water situation and from my past experience, my personal experience in working with the DWS, I have a piece of property in Mountain View that I tried to get another water commitment on about half a year to a year ago. This was prior to Mr. Pavao becoming the manager, but I spoke to him personally about getting it; he said there's no way. VICE-CHAIRMAN: Yeah. TANAKA: So, usually, you know, when they make their recommendation, unless he makes a mistake in his calculations or his field survey -. VICE-CHAIRMAN: That's what I want to find out, the difference between a three- and four-inch pipe and the volume, because I think to only go up one inch in a pipe is kind of, you know, I'm not a rocket scientist, but, you know, I think that's uncalled for. Five-minute recess. RECESSED The Chairman called a short recess at 2:20 p.m. RECONVENED The meeting reconvened at 2:37 p.m. VICE-CHAIRMAN: The meeting will come back to order. Do we have someone here from the Water Department? KAWAHA: Yes, we have Glenn Ahuna. VICE-CHAIRMAN: Glenn, could you please come forward. How are you? AHUNA: Okay. VICE-CHAIRMAN: Top shape? AHUNA: Yeah. +VICE-CHAIRMAN: Ready to roll, good. There's some concerns raised about why we need to go from a three- to four-inch line for one more water meter. AHUNA: Basically, the system is real inadequate up in that area. The source, we need source development, booster pump storage, as well as increased pipeline. Right now it's about a three -, well, it goes from eight-inch to four-inch to three-inch and, then I think there's a two and a half or -. The minimum size we require is a four-inch, so the minimum would be a four- inch water line. -80- 40 • VICE-CHAIRMAN: Just out of curiosity now, we don't know about these things so if you gave these guys a water meter with the current line, somebody above them wouldn't get water? AHUNA: No, that area is limited to one five-eighths inch meter per existing parcel. VICE-CHAIRMAN: Okay, if, but if, if their parcel was cut in half, it's a 10-acre parcel now, okay. AHUNA: Uh huh. VICE-CHAIRMAN: Let's say it did happen. If you gave them another five-eighths meter, would someone above them not get water? In your opinion now, would you be hurting someone else up the line? AHUNA: Yeah, if you're going to subdivide it, yeah. It's an existing parcel? VICE-CHAIRMAN: Yeah. AHUNA: Okay, yeah, you would be limited to just one; we wouldn't give them another one. FIESTA: They already have one, right? VICE-CHAIRMAN: There's only one right now. AHUNA: Okay, then -. VICE-CHAIRMAN: There will be two. There could be two. AHUNA: They should divide it -, yeah, no, we wouldn't give them another meter. They would be limited to just one. FIESTA: At this present time, they do have three-inch piping, right? AHUNA: Yeah, three-inch pipe in a -, yeah, it's kind of segmented. It starts at eight, then it goes to four, three; it's all different sizes. FIESTA: Okay, then, as you say that four will be the minimum size, right? AHUNA: Four will be the minimum size. FIESTA: When did that four-inch minimum become a requirement, and why were they allowed to go from eight to four to three in the past? -81- • 41 AHUNA: Well, I cannot really answer because that was from before, but I would think that they started with the, the eight- inch could have been, you know, a replacement. I don't know what the lines were before, but that eight-inch could have been a replacement from an existing, maybe a smaller pipe. So I don't know what the rationale -. In those days, I guess it was sufficient; but as development came along, they probably put the eight-inch in. VICE-CHAIRMAN: Commissioner Tanaka. TANAKA: I'm just wondering in the sizing of that pipe: When you say you start off from eight-inch, I'm assuming that eight-inch starts up from the source, yeah, the booster pump source or the well source or the tank source. And as the volume, as you get farther away from the source or the volume decreases, or the demand decreases, do you normally reduce the size of the pipe as you're going along or you just maintain the same size? AHUNA: The pipe size is designed according to the demand, so, yeah, as the demand decreases then the size would decrease. TANAKA: So if you started off at the Mamalahoa Highway, if that was your source of power, you're working your way up the hill from your booster pumps or whatever your source is, starting off with eight-inch. When you get to the top of the hill, or the top of the road or the subdivision, would it be decreasing all the way up? AHUNA: Yeah, it depends on the demand, but it would, if it decreases such to a point that we can get a smaller pipe in there, we'd put the smaller pipe in. But the source, like you said, it's being pumped up from the bottom. There is some sources on the upper end which are surface sources, which we're trying to get away from now. We're trying to go to the groundwater source, so -. TANAKA: What do you mean by surface source? AHUNA: It's either a spring, a tunnel or that type of thing where it's coming out of the -. TANAKA: Okay. From the water shed or -? AHUNA: Right. TANAKA: Okay. AHUNA: Yeah, on the ground. Not -, I shouldn't say ground, but on the surface. TANAKA: Thank _you. -82- 10 4 VICE-CHAIRMAN: What's the difference in volume between a four- inch line and a three-inch line? AHUNA: I can't tell you right off hand. The, I know the six-inch is about 800, so -. VICE-CHAIRMAN: And then how much water would be used by one more water meter? AHUNA: One water meter is allotted 600 gallons a day. VICE-CHAIRMAN: Okay, so do you know the difference in the volume on the water line, three to four inches? AHUNA: Yeah, I couldn't tell you right off hand right now. But it shouldn't be that great because it's only increasing by a half inch, so -. VICE-CHAIRMAN: That was my point. You know, to deny someone a water meter -. AHUNA: But, no, this is not, I said that's the minimum size that we would require. We have to look at the demand as far as what size. Minimum is the -, the four-inch is the minimum standard we use, whatever the line we're going to put in, but the -, what was I going to say now? Could you repeat the question again? VICE-CHAIRMAN: What's the difference in volume between a three and four-inch line? It's actually half a inch, right, the pipe? AHUNA: Yeah. VICE-CHAIRMAN: And on top of that, then the second part of the question was -, you answered it, how much gallons do you allow ' per meter? AHUNA: Yeah, 600. VICE-CHAIRMAN: So if you aren't going to get 600 gallons more per day, then why increase the line one more inch? AHUNA: Well, like I said, it was a minimum four-inch. I, we'd have to do an analysis to see if it is four-inch; it could be greater. But it's not only the line size, it's, we need storage and we need pumping facilities to get the water up there and the source, because the source is not adequate to serve the whole area now. FIESTA: Do you folks have a water tank up there, right below Memorial Gardens? There's a water tank on -. -83- 4 AHUNA: There are several -. Yeah, a couple tanks, yeah. FIESTA: A couple tanks on the left, huh? AHUNA: Yeah. FIESTA: How far is that tank to the Applicant? AHUNA: The tank at the, on the top, and it's about, I'm just guessing because I don't know exactly in relation to this map how far that is, but it looks like it's, I would say a mile up there. FIESTA: Above -. AHUNA: Or three-quarters of a mile. FIESTA: Above the Applicant or -? AHUNA: Yeah, above the -. FIESTA: From the highway? AHUNA: Applicant. It's a real small tank, though. FIESTA: So then we do have gravity flow, then? AHUNA: Yeah, in that -, yeah, there's a booster pump below there that pumps it up and then it flows down from there. I think that serves just those people on that one loop though, yeah, and then it's, yeah, gravity feeds down, yeah. FIESTA: How many residents comes off the tank and what is the capacity of the tank? AHUNA: That tank is 20, 000 million gallons. I'm not sure how many people are under that -. VICE-CHAIRMAN: Twenty thousand million? FIESTA: Twenty thousand million? AHUNA: No, 20,000 gallons. VICE-CHAIRMAN: Gallons, sorry. FIESTA: Okay. VICE-CHAIRMAN: Okay. I was going to say -. AHUNA: I thought, I'm always talking millions so -. -84- SI VICE-CHAIRMAN: That's a massive tank, huh. FIESTA: And the residents, how many lots are there? AHUNA: I couldn't tell you right now, I'd have to look that up and see. FIESTA: From the reservoir, I'm assuming that the, from the reservoir of the tank coming out, do we have the eight-inch, four-inch or three-inch pipe? AHUNA: No, it's a three-inch. The eight-inch stops way down by the lower tank, down here somewheres. FIESTA: Then it goes up to four-inch and then -. AHUNA: Then it goes four, three and, I think there was a section of two-inch or something. So it's kind of, I mean, chop suey kind up there, above the eight-inch. FIESTA: Okay, now, since the minimum requirement is four- inch, when does the Department of Water intend to meet the requirements? AHUNA: Could you repeat that? FIESTA: That's your guys line, right, the water line, right? AHUNA: Right. FIESTA: And you just stated that the requirements is minimum of four-inch, right? AHUNA: Right, that's the minimum size. FIESTA: So when will the Department of Water Supply meet their requirements, their requirements and boost that three-inch to four-inch? AHUNA: Yeah, we had it proposed, but I don't know exactly what the time schedule is. I could go down and find out if you needed to know that. TANAKA: In addition to that, would you still, do you think you still would require a booster pump like our Background Report had indicated? AHUNA: We need a booster pump, we need a source, and we need more storage. TANAKA: Another source? -85- 6 41 AHUNA: Yeah. TANAKA: So you're talking about redoing the whole system, then, going up? AHUNA: Basically, that whole system above the eight-inch is real inadequate. So that's why in our letter we, you know, specifically said that we need storage, source, transmission. VICE-CHAIRMAN: And all this is for one meter? AHUNA: No, no, it's not just for the one meter, for the whole area, so -. FIESTA: Oh -. VICE-CHAIRMAN: No, but -. TANAKA: For anybody that plans to develop, you mean? AHUNA: Yeah. So what -, he can have -, I mean, he has one meter but we're limiting it now until that whole system is, you know, improved. FIESTA: So then, in your opinion, then, if we do send a favorable recommendation to rezone, then the second lot you put, per se, on hold until it becomes up to County standards? AHUNA: Could you repeat that? FIESTA: Presently, they have a water meter, okay, on a ten-acre parcel. AHUNA: Okay. FIESTA: Now they want to subdivide it into two parcels, five acres. As of now, we do have enough water supply for that residential home. So we can send a favorable recommendation to -rezone to subdivide that 10 acres into two lots, five acres each, and put the second lot on hold until the water requirements meet, until kind of the Water Department meets the requirements? AHUNA: Yeah, but understand that the second lot will not have service until those things are improved. FIESTA: I understand. . AHUNA: Yeah, and so he might not have water for I don't know how long it's going to take to do that. VICE-CHAIRMAN: A hundred years? -86- 41 8 AHUNA: I hope it's not a hundred years, no, because -. FIESTA: Then it's a little confusing here when you're telling us you need booster pumps and then, again, you have gravity flow with one storage tank above with 2 , 000 gallons, so you know, but I cannot get a clearer picture now. VICE-CHAIRMAN: Thank you. AHUNA: Okay. VICE-CHAIRMAN: Is there anyone else wishing to testify on this subject application? FIESTA: Seeing none, I move to close the public hearing. MARTINSON: Second. VICE-CHAIRMAN: There's a motion to close the public hearing by Commissioner Fiesta and a second by Commissioner Martinson. All in favor, say aye. COMMISSIONERS: Aye. VICE-CHAIRMAN: Opposed? Motion carries. Commissioner Fiesta. FIESTA: Whatever information we got from the Department of Water, I would like to make a motion that we send a favorable recommendation for rezoning for Change of Zoning Application No. 95-13 . MARTINSON: Second that motion. VICE-CHAIRMAN: There's a motion by Commissioner Fiesta and a second by Commissioner Martinson to send a favorable recommendation for Change of Zone Application No. 95-13 for Kenneth S. Yamashita. Discussion? Roll -. 'TANAKA: Mr. Chair? VICE-CHAIRMAN: Mr. Tanaka. TANAKA: I just wanted to say that given not only the lack of water infrastructure in the area and, yeah, his explanation, I guess, wasn't real clear, but it seems like they're maxed out. Whether there's one new homecoming into the area or ten more, it seems like the system needs to be upgraded. When it's going to happen, we don't know. But, also, in addition to that, what Staff had mentioned about the roadway being substandard, I will be voting against that. Thanks. VICE-CHAIRMAN: Thank .you. Roll call. -87- 4 KAWAHA: Okay, Commissioner Fiesta? FIESTA: Aye. KAWAHA: Commissioner Martinson? MARTINSON: Aye. KAWAHA: Commissioner Alonzo? ALONZO: No. KAWAHA: Commissioner Katayama? KATAYAMA: No. KAWAHA: Commissioner McIntosh? MCINTOSH: No. KAWAHA: Commissioner Tanaka? TANAKA: No. KAWAHA: Chairman Balog? VICE-CHAIRMAN: Aye. KAWAHA: Commissioner, there is three ayes and four noes; motion does not carry. MCINTOSH: If I could -. VICE-CHAIRMAN: Commissioner McIntosh. MCINTOSH: Suggest to the Applicant that you might want to obtain a farm dwelling permit and look for other ways to have shared ownership in the property. VICE-CHAIRMAN: What happened, to explain to you, is there was a motion to send a favorable recommendation, and the vote was four to three, so the motion died. And, therefore, and an unfavor -, the recommendation that was presented by the Planning Director will be forwarded. YAMASHITA: Mr. Chairman, -I thank you very much for your time, and the Commission, thank you very much. And thank you, Isaac. VICE-CHAIRMAN: Thank you. -88- 10 KAWAHA: Commissioner Alonzo? • ALONZO: Aye. KAWAHA: Commissioner Fiesta? FIESTA: Aye. KAWAHA: Commissioner Martinson? • MARTINSON: Aye. KAWAHA: Commissioner Katayama? KATAYAMA: Aye. KAWAHA: Commissioner McIntosh? • MCINTOSH: Aye. KAWAHA: i Commissioner Tanaka? TANAKA: Aye. KAWAHA: Chairman Balog? VICE-CHAIRMAN: Aye. KAWAHA: There are seven ayes; motion carries to revoke this permit. CHANGE OF ZONE The Commission again tookthis item up KENNETH S. YAMASHITA at 2:52 p.m. with approximately 2 people KAIEIE HOMESTEADS, from the public in attendance. SOUTH HILO VICE-CHAIRMAN: Before we go any further, on the application of Kenneth Yamashita, maybe Corp. Counsel could -, we voted 4-3 to approve the recommendation, to approve it. The motion didn't carry; there were four nays, three ayes. It was brought to• our attention that we should also take another vote for an unfavorable recommendation to clarify the exact vote of the Commission. ALONZO: . Mr. Chair, we have to close public hearing first? We alreaddid? VICE-CHAIRMAN: It's already closed. ALONZO: Okay. Mr. Chairman, move that we send an unfavorable recommendation to Change of Zone No. 95-13 to the County Council. -90- 4 TANAKA: Second, Mr. Chair. VICE-CHAIRMAN: There's a motion by Commissioner Alonzo and a second by Commissioner Tanaka to send an unfavorable recommendation on the Change of Zone Application 95-13 for Kenneth S. Yamashita. Discussion? Commissioner Tanaka. TANAKA: I'd just like to say that I feel for the guy, too, and like I indicated before we took the vote that, you know, it happened to me, too, with the Water Supply, so it's one of those things. VICE-CHAIRMAN: Thank you. Roll call. KAWAHA: Commissioner Alonzo? ALONZO: Aye. KAWAHA: Commissioner Tanaka? TANAKA: Aye. KAWAHA: Commissioner Fiesta? FIESTA: Nay. KAWAHA: Commissioner Katayama? KATAYAMA: Aye. KAWAHA: Commissioner Martinson? MARTINSON: Nay. KAWAHA: Commissioner McIntosh? MCINTOSH: Aye. KAWAHA: Chairman Balog? VICE-CHAIRMAN: No. KAWAHA: Commissioner, there is four ayes and three nays to send, to send an unfavorable recommendation; that motion does not carry. MCINTOSH: So we send no recommendation, right? VICE-CHAIRMAN: Thank you. So, we send no recommendation. MCINTOSH: Can you send it on without a recommendation? -91- • • TAKASE: You could. GOLDSTEIN: Yeah. VICE-CHAIRMAN: Yes, we can. TAKASE: Wait. VICE-CHAIRMAN: Corp. Counsel, please explain. TAKASE: The question was whether you can send no recommendation up, and I've been told that, I guess, in the past that they have send up a recommendation, just forwarding on the Director's recommendation without any vote by the Commission. I seem to recall there was something that you had to take a vote, but I guess I've been corrected by the Staff, so -. And I'm not up to speed with all you guys Rules, so I won't burden you any more with -. VICE-CHAIRMAN: Thank you. MCINTOSH: Wait a minute. VICE-CHAIRMAN: Commissioner McIntosh. MCINTOSH: Can we send this up with a split, an obviously lack of agreement -? GOLDSTEIN: Yes. MCINTOSH: Among the Commission with a request for guidance from the Council on how to handle these issues in the future? My concern still is that the Zoning Code is silent on the requirement for water. The only requirement for water is in the Subdivision Code, so why are we conditioning a rezoning request on something that sets out in the Subdivision Code? Why can't you have zoning without water? It's another one of those issues where we need some guidance on whether there will be catchment •water allowed in certain areas where there's adequate rainfall. So, perhaps, that might be a solution to our problem. VICE-CHAIRMAN: Planning Director Goldstein. GOLDSTEIN: I just wanted to comment that you, we, what can be done is that we send up the report to the County Council stating what the votes were and that you could not come to an agreement or reach a majority on the both motions. And, of course, that's, I think, perfectly legitimate. Plus, if you want to raise the issue of water for rezoning, that, also, can be done. VICE-CHAIRMAN: Commissioner McIntosh. -92- I MCINTOSH: Can I ask another question? My vote was, didn't. have anything to do with water, it had to do with the road. What is the proposed rural, rural roadway standard that is being proposed to the Council at this point? GOLDSTEIN: I can't recall off the top of my head what we were proposing. We are making some changes to the roadway standards, also. But, honestly, I can't remember. Fourteen? MCINTOSH: I'm just wondering if this roadway would meet the new proposed rural roadway standards. GOLDSTEIN: I don't think so if it's 11. It think it was something like 14. I'm not -. MCINTOSH: We can solve the paving side of it;, I'm concerned about the right-of-way side of it. • GOLDSTEIN: Oh. I don't remember. VICE-CHAIRMAN: Alice? KAWAHA: I'm sorry? VICE-CHAIRMAN: Anything further? KAWAHA: No, we were just looking at the Rules. VICE-CHAIRMAN: Okay, moving on. MCINTOSH: Moving on before you decide what you do with that one? What are we going to do with -? VICE-CHAIRMAN: While they're reviewing the Rules, we have another revocation of a Use Permit that's on the agenda. (Mr. Takase left at this time 2:55 p.m. ) .USE PERMIT 86 The Commission took up this item at 2:55 p.m. FILIPINAS ANASTACIO with approximately 7 people from the public NAMOKU, in attendance. HAMAKUA VICE-CHAIRMAN: The next item on the agenda is a revocation of Use Permit No. 86 to FILIPINAS ANASTACIO which allowed the establishment of a care home .for five elderly people on 7,894 square feet of land within the Agricultural-1 acre zoned district. The property is located on the northeastern corner of the Kahili Street-Hau Street intersection within the Camp 8 Subdivision, Namoku, Hamakua, Hawaii, TMK: 4-5-18:27. Alice. -93- Os one person could go to everybody and say, hey, we're going to do it this way or that way. And I didn't feel by having a community panel the person couldn't be unbiased by doing it. So I really hope you understand what I went through, Mrs. Ford, and believe me, when you testify, I really understand what you've gone through. Roll call. KAWAHA: Commissioner Alonzo? ALONZO: Aye. KAWAHA: Commissioner McIntosh? MCINTOSH: Aye. KAWAHA: Commissioner Fiesta? FIESTA: Aye. KAWAHA: Commissioner Katayama? KATAYAMA: Aye. KAWAHA: Commissioner Martinson? MARTINSON: Aye. KAWAHA: Commissioner Tanaka? TANAKA: Aye. KAWAHA: Commissioner Balog? VICE-CHAIRMAN: Aye. KAWAHA: Commissioners, there's seven ayes; motion carries. / CHANGE OF ZONE The Commission, again, took up this KENNETH S.YAMASHITA application with approximately 5 people from KAIEIE HOMESTEADS, the public in attendance. SOUTH HILO VICE-CHAIRMAN: We need to go back to Agenda Item No. 8, application of Kenneth S. Yamashita. Corporation Counsel? TAKASE: Okay. Sorry, this is my mistake. Let me try again. This Commission has nine members appointed to it, so we need a vote of at least five to carry an action one way or another. If the votes are not going to be changed, my recommendation would be to continue this matter to the next session in the hopes you're going to have another member. If not, the Commission can revote either -. -111- 41 VICE-CHAIRMAN: Discussion, please. If we need to discuss it further, that's fine. If not, if I'm not mistaken, one of the persons on one of the motions could recall their vote and move this out, is that not correct? MCINTOSH: Has to be a motion to reconsider? TAKASE: You don't have to recall it because it's not a -. MCINTOSH: You don't have to do that. Make a new motion? VICE-CHAIRMAN: We can make a new motion? TAKASE: Yes, that's correct. It failed because there's not enough votes. VICE-CHAIRMAN: Okay. MCINTOSH: Continue. VICE-CHAIRMAN: Call for a vote. TAKASE: No. You have to make a motion first. MCINTOSH: No, you have to make a motion to continue first. TAKASE: Yes. TANAKA: Discussion first. VICE-CHAIRMAN: Discussion. MCINTOSH: Before there's a motion on the floor, Mr. Chairman? TANAKA: Two issues, yeah, lack of water and substandard roads like, excuse me, you know, like Mr. Lee had pointed out regarding that project on Mauna Kea Road. He brought up the issue about he being a member of the New Hope Christian Church. You know when he said that, it kind of got me right there (heart) , yeah, and the reason that we had denied that schooling upgrade or expansion was because of the roadway. And so my feeling is the same for this Kaieie Project. I feel for him because, as I said earlier, I know how it is when you're turned down by the Water Department. And I can understand their problems, you know, having worked on some of their systems in the past as far as booster pump systems and deep well pumps; and I think what he clarified for us today is that the system is so old and dilapidated that just having one more water meter would just be too stressful on the demand or the supply that is already there. So, therefore, I'd like to make a motion that we deny the -112- S • Change of Zone Application 95-13 . , Kenneth Yamashita, for the reasons stated by the Planning Director. ALONZO: Second, Mr. Chairman. VICE-CHAIRMAN: There's a motion to deny the application of Kenneth S. Yamashita. MCINTOSH: Second a negative recommendation. VICE-CHAIRMAN: Pardon? MCINTOSH: The motion should be to send a negative recommendation. TANAKA: That's right, an unfavorable recommendation. VICE-CHAIRMAN: To send an unfavorable recommendation for Kenneth S. Yamashita, Application No. 95-13, and a second by Commissioner Alonzo. Discussion? FIESTA: Chairman Balog. If I can, if my memory serves me right, I think the denial was based because of lack of water; and nothing was said about the roadway, as to the presentation by Staff. The roadway has been there from as far as I can remember and developed, they allowed developments, continue to build homes, even right up to last year, you know. And the roadway wasn't any requirement as to the County standards. And now we're here because of the, you know, for me it's hard to accept that for the simple reasons that, I mean, you have a water capacity tank of 22, 000, 2200 gallons, or 22, 000, what was it, -? VICE-CHAIRMAN: Twenty thousand. GOLDSTEIN: Twenty thousand. FIESTA: Twenty two? MCINTOSH: Twenty -. FIESTA: Twenty two thousand in the tank, you know, and one more meter? If anything, it's, you know, inefficient now with the present staff. So, you know, one more meter and a volume of half inch more on a pipeline? You know, like I said, there were several homes built last year, you know, and I know because I have two uncles that live there. And my uncle's home, his porch, is just abut six feet from the pavement; and there are a lot of homes closer to that. So what are we going to do if it's, you know, not by County standards? What we're going to do? We're going to move the homes? You know, I mean, it's, to me, it's, they allowed it to happen, the County allowed it to happen. -113- 41 The County came up with maximum or minimum pipes as three to four inch and yetstill allowed new developments, still didn't upgrade their waterline. I mean, for me, it's hard to accept; and for one is that the application is just coming here to subdivide into two lots. Instead of having one, you have two; and it's five- acre lots. I would have a problem if he would go into a subdivision where he would, out of the one lot make four or five lots, yes. It's only separate of one lot, you know. And I think we had an application, you know, going back to Commissioner Balog is that we don't give them any permits until you get the waterline established or upgraded before you can build on that lot. Now if the brother wants to sell because of financial . problems then let it be known when he's selling it that the new owner could not develop it until the waterline is upgraded. Now to deny that, I get problems with that. I mean, if anything, the County is at fault, you know; and there were several homes built up there, below and above the water tank. The application is not to build a new home; it's just to subdivide because of financial burden. So I've got problems with it and I would still vote against the motion because I feel strong on it. I mean, as far as I member, I'm 45 years old, I used to go to my uncle's house, the house has always been there, the road was never upgraded, nothing. MCINTOSH: Mr. Chairman? VICE-CHAIRMAN: Commissioner McIntosh. MCINTOSH: Flash, gone. VICE-CHAIRMAN: Memory loss. There's a motion on the floor. Come on, memory. MCINTOSH: I know, wait a minute, it will come back to me. Oh, the rural standards for roadways in rural areas. You know, I really would like to know what standard the Planning Department is addressing. The, for your clarification, the Water Department has just made a policy that they will provide water to every .parcel that has a tax map key, they will not provide, and, for current zoning. But they will not provide any water, then they condition their giving you water on upgrading the system or participating in that. So, in their mind, it isn't the one more water. It's the fact that they have other parcels on that roadway they have to allow for all of them getting service. And I get back to there's nothing about water in the Zoning Code. It's only in the Subdivision Code. And if the rural road standards, there is another way around his problem, too, same way Leonard solve his, farm dwelling. VICE-CHAIRMAN: Does anyone know what the rural road standards are proposed to be? -114- 4 GOLDSTEIN: I forgot what the number -. MCINTOSH: Can we make a phone call real fast? Who's responsible for that downstairs? GOLDSTEIN: Rodney. Tell him to -. TANAKA: Mr. Chairman? CHAIRMAN: Commissioner Tanaka. TANAKA: I'm just considering withdrawing my motion and possibly moving to continue. ALONZO: I withdraw my second. MCINTOSH: I just remembered, can I ask for clarification. Since I'm not on this side of the island, this New Hope you're talking about at Haihai Street, wasn't that in an urban area near Kawailani that had an existing school and it was a problem with traffic in that location, and that's the reason we denied "it because it was -? VICE-CHAIRMAN: Sight distance. MCINTOSH: It was sight distance. It wasn't the width of the street? TANAKA: Roadway width, lack of shoulders, shoulder space. MCINTOSH: And line of sight, as I recall. TANAKA: Yeah. VICE-CHAIRMAN: The actual denial was for line of sight because there's a dip in the road. God, it must be as tall as me when you get to the bottom; and there are people -. 'GOLDSTEIN: And the shoulders, too. VICE-CHAIRMAN: Who cannot see. And the secondary reason was due to lack of shoulder where the road dips on. There are two culverts on either side, if my memory serves me, and where the culverts are the road narrows and then it widens backup. MCINTOSH: But it also had to do with the level of existing traffic that's already there as opposed to -. Now I'm not familiar with this location. Where is this in comparison? Is this near, I was under the impression this is out in the country some place. -115- t GOLDSTEIN: Yes, yes, it's out -. Kaieie is just outside of Papaikou. MCINTOSH: But it's up in the bushes? GOLDSTEIN: The location for the subdivision is quite a ways up the road, yeah. MCINTOSH: Yeah, you don't have the same traffic that you have at Kawailani -. GOLDSTEIN: That's correct. MCINTOSH: And Haihai and all that kind of stuff? TANAKA: No. MCINTOSH: Okay, different, different, okay. TANAKA: Well, you know, the other thing was the roadway width, yeah. And it's stated in the Background Report on page 4, that's where I got it from, that Kaieie Homestead Road is in substandard condition, the pavement fronting the property is approximately 11 feet wide. And I agree with Isaac. I know the road because my grandfather is buried in that, or just was buried, just moved him three weeks ago from Memorial, Mauna Kea Memorial. So I'm fairly familiar in visiting his grave site and so forth. And as you come down to the lower portion of the road towards the highway, yeah, I agree that some of the older homes are right up against the road. So when I said substandard, you know, meaning not wide enough. So I'm willing to withdraw my motion and -. ALONZO: Move to continue. TANAKA: Yeah, move to continue. VICE-CHAIRMAN: Move to continue. Commissioner Katayama. KATAYAMA: Didn't we move to continue? MCINTOSH: They just did. VICE-CHAIRMAN: There was a motion to send an unfavorable recommendation and a second. GOLDSTEIN: Previously. KATAYAMA: No, previously when we were discussing it, I thought we moved to continue, right? VICE-CHAIRMAN: No, we didn't. -116- S MCINTOSH: No, we never did take any action. We came back to it. KAWAHA: Yeah, the votes were to, favorable recommendation, then we voted on unfavorable recommendation, now we're going into continuing, I guess. VICE-CHAIRMAN: There's a motion by -. TANAKA: Mr. Chairman? VICE-CHAIRMAN: Commissioner Tanaka. TANAKA: What about a field trip up there, a field trip? VICE-CHAIRMAN: Site inspection. TANAKA: And maybe, site inspection, and get the DWS guy up there, too, Department of Water Supply. VICE-CHAIRMAN: A site inspection with Department of Water Supply. Anything is possible. Is there a second to that motion? ALONZO: Second. MCINTOSH: Oh, second. VICE-CHAIRMAN: There's a motion to go on a site inspection of the application of Kenneth S. Yamashita by Commissioner Tanaka and a second by Commissioner Alonzo. All in favor say aye. COMMISSIONERS: Aye. VICE-CHAIRMAN: Opposed? Motion carries. ALONZO: Any dates? VICE-CHAIRMAN: This is just a motion to do a site inspection. -Now we need a motion to continue and a date. ALONZO: Move to continue. TANAKA: Second. VICE-CHAIRMAN: There has been a motion by Commissioner Alonzo to continue the public hearing to the next Hilo meeting, and a second by Commissioner Tanaka with a site inspection. All in favor say aye. COMMISSIONERS: Aye. VICE-CHAIRMAN: Oppose? Motion carried. -117- f � MCINTOSH: It's not a roll call vote? VICE-CHAIRMAN: No, it's not. Oppose? MCINTOSH: Aye. VICE-CHAIRMAN: Motion carries. The discussion ended at 4 : 17 p.m. and the Commission took up the following: MINUTES It was moved by Commissioner Alonzo and seconded by Commissioner Tanaka that the minutes of August 23 and 24, 1995 be approved as circulated. Motion was unanimously carried by a voice vote. ADMINISTRATIVE The following were discussed under MATTERS Administrative matters: Amendments to the Zoning Code - The Commission decided to hold a workshop on this matter on October 24, 1995. Amendments to the Subdivision Code - Ms. Goldstein noted the Planning Department will be conducting public workshops both in Hilo and Kona in October on this matter and hopefully will be placed on the Planning Commission's agenda some time in November. She pointed out copies will be provided to the Commission ahead of time if it so wishes. Next Planning Commission Meeting - Ms. Kawaha noted the next Planning Commission meeting is scheduled for November 22nd, with a site inspection. Future Planning Commission Meetings - Commissioner McIntosh asked the Commission to seriously consider having one meeting a month in Kona and one meeting a month in Hilo so the agendas and meetings would be shorter, it would be easier for the Commission to remember what happened at the last meeting when a particular application is taken up, and it would expedite the process for an applicant should the hearing be continued. . Director Goldstein said the Staff will try to accommodate the Commission should they decide to hold meetings more frequently. ADJOURNMENT There being no further business, the Chair declared the meeting adjourned at 4:22 p.m. ATTES T: Respectfully submitted, Kevin M. Balog, Vice-Chairman Sharon M. Nomura, Secretary Planning Commission -118- I PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT November 22, 1995 A regularly advertised hearing on the application of KENNETH S. YAMASHITA was called to order at 11:20 a.m. in the County Building, Councilroom, 25 Aupuni Street, Room 201, Hilo, Hawaii, with Chairman Edward E. Crook presiding. PRESENT: Edward E. Crook ABSENT: Isaac Fiesta Eddie Alonzo Mary Katayama Kevin Balog Melvin Martinson William F. Green Lin McIntosh Leonard Tanaka Virginia Goldstein, Planning Director Alice Kawaha, Staff Planner Gerald Takase, Attorney for the Board Glenn Ahuna representing Ex-officio Member Milton Pavao Case Yanagihara representing Ex-officio Member Donna Kiyosaki And approximately 35 people from the public in attendance. CHAIRMAN: The next item on the agenda is a continuation of public hearing on the application of KENNETH S. YAMASHITA for a Change of Zone for approximately 13 .576 acres of land from Agricultural (A-10a) to Agricultural (A-5a) zoned district. The property is located along and to the south of Kaieie Homestead Road, Kaieie Homesteads, South Hilo, Hawaii, TMK: 2-7-05: 12. This is a continuation so the hearing status is Open. The Commissioners went up and saw the site this morning. And so I'm ready for the Staff to give us their input. KAWAHA: As Chairman Crook mentioned, we did go on the site this morning. In looking at this location map, this black line here is the Hawaii Belt Road. This line going mauka is Kaieie Homestead Road. The subject property is in this red dot; and it's zoned Ag-10, as well as the surrounding area, except for this light green area which is zoned Ag-5 acre. In looking at the site plan, this is Kaieie Homestead Road. There is an existing dwelling here. This property is bordered by this blue line. As the Commissioners saw there were some agricultural activities in this part or to the mauka side of the dwelling and a few on the makai side. Again, this change of zone request is for Ag-10 to Ag-5 acre. The Planning Director had provided you with a recommendation at 41 the last meeting, which was for an unfavorable recommendation. Are there any questions? CHAIRMAN: Commissioners, are there any questions? Will the applicant or his representative come forward. Would you state your name and residence address, and speak into the microphone. YAMASHITA: Kenneth Yamashita. I'm from Kailua, Oahu, Hawaii, 476 Aulima Loop. CHAIRMAN: Okay, I'll swear you in. Do you swear to tell the truth before this meeting of the Hawaii County Planning Commission? YAMASHITA: I do. CHAIRMAN: Okay, please proceed. YAMASHITA: Like, at the last meeting I mentioned that the purpose of the rezoning is to have the property divided in two so that my' brother and myself could have our own parcel as was planned by my parents. So that's why we set the proceedings. CHAIRMAN: Okay, any questions, Commissioners, of the applicant? Is there anyone else in the audience that wishes to testify on this item? BALOG: Seeing none, move to close the public hearing. MCINTOSH: Second. TANAKA: Second. CHAIRMAN: Okay, motion has been made by Commissioner Balog and seconded by Commissioner McIntosh to close the public hearing. All those in favor signify by saying aye. COMMISSIONERS: Aye. CHAIRMAN: Opposed? Motion is carried. What is your pleasure? BALOG: Mr. Chairman? CHAIRMAN: . Commissioner Balog. BALOG: After our site inspection and asking Department of Water if they would have a problem with water use if the Ag lot created would be on catchment and they would use catchment as a source for their water on their second five-acre lot, I would like to propose a favorable recommendation for Change of Zone No. 95-13 with the condition, one of the conditions being that 2 the second lot will not be serviced by a County water system and will be, will depend on water catchment. CHAIRMAN: Okay. Just a moment. Should we continue this so that we can make conditions of approval? GOLDSTEIN: I think so. CHAIRMAN: Yes. I think we need to continue and instruct the Director to write conditions of approval. MCINTOSH: Mr. Chairman? CHAIRMAN: Commissioner McIntosh. MCINTOSH: I'll second the motion just so we can get it on the table, I mean, on the floor. But inasmuch as the requirement for water is not a condition for zoning but for subdivision, I don't know that we need to get involved in writing conditions. I think we just ought to send a favorable recommendation and let them address the water issue at the time of subdivision. CHAIRMAN: Is that all right with you? MCINTOSH: So I would like to amend the motion to delete reference to conditions and just send a favorable recommendation to the Council, if you'll agree to that amendment. GOLDSTEIN: A question here. And that is so that you would not want to make any kind of recommendations with respect to traffic or anything else like that? You don't feel that that's necessary? That's certainly your prerogative whether you think that there are or there are not other concerns that might need conditions. But if you don't feel that that's not necessary, you know, certainly, that's your option. MCINTOSH: This is just a recommendation. CHAIRMAN: This is to be a recommendation without conditions regarding water or access or anything else? MCINTOSH: Yes. CHAIRMAN: Okay. BALOG: Question then. So we send a favorable recommendation, the Planning Director, even though we're sending a favorable recommendation, the Planning Director is still sending at the same time her unfavorable recommendation? GOLDSTEIN: That's correct, part of the whole package that goes to the County Council. 3 4 $ TANAKA: Mr. Chairman? CHAIRMAN: Commissioner Tanaka. - TANAKA: I think something should be noted about the site inspection and the discussion we had up there with the Department of Water Supply and with the owner, and the agreement by the owner that they would pursue a variance at the subdivision level for a water catchment system. CHAIRMAN: That's right. TANAKA: So the County Council will know why we are saving, sending the recommendation. I think it should be noted. CHAIRMAN: So it will be in the testimony then that will go to the County Council? BALOG: Correct. MCINTOSH: So to be procedurally correct then we need to withdraw the motion to send a favorable recommendation and continue it to allow the Director to write the decision -? BALOG: No. MCINTOSH: So that we can then approve it? BALOG: No. The act, we're sending, as a Commission, a favorable recommendation and the Planning Director is still sticking by her unfavorable recommendation. Is that correct? GOLDSTEIN: But I think that what is being dis -, yes, that, that's correct. BALOG: On Lin's question. But what Leonard brought up is -. MCINTOSH: To add. BALOG: To add on the discussion that we had at the site inspection pertaining to water and catchment. Yes, that's correct. GOLDSTEIN: That's correct. That's all that you would need to include in your transmittal. BALOG: Right. CHAIRMAN: That wouldn't be part of the motion, it'd just be simply part of the testimony that goes with our recommendation? 4 I BALOG: Well, yeah, and I made reference in the motion to water catchment and the minutes, we had the minutes taken at the site inspection, too. CHAIRMAN: Okay. So we have a motion then from Commissioner Balog to send a favorable recommendation to the County Council with, I guess you'd say, highlighting the agreement of the applicant to seek a variance at the subdivision level for water catchment, and it was seconded by Commissioner McIntosh. Roll call. - KAWAHA: Commissioner Balog? BALOG: Aye. KAWAHA: Commissioner McIntosh? MCINTOSH: Aye. KAWAHA: Commissioner Alonzo? ALONZO: Aye. KAWAHA: Commissioner Tanaka? TANAKA: Aye. KAWAHA: Commissioner Green? GREEN: Nay. KAWAHA: Chairman Crook? CHAIRMAN: Aye. KAWAHA: Chairman, there are five ayes, one nay vote. Motion carries with the five. CHAIRMAN: Okay. Motion carries. You'll be advised in writing of this action by the Planning Commission. Thank you. YAMASHITA: Thank you, Mr. Chairman and Commission. The discussion ended at 11:29 a.m. Respectfully submitted, Sharon M. Nomura, Secretary Planning Commission 5 i4:4,4„,,,.: fr g/1/5„ ivic ter ritt,he, ti 1 r 144- 7/4 1<f C boiiVE/Z i ii/h4-45 si/e ildtacw/ i4A a/014 2-7 ,04- '°id /7 *4 he& woviedvii31.4,. kAtrz ziorit-,-i i 6' / 2- 7- 006-:0 4O-' 2-'1-Ao 4":a 447 isildne go yz-ii,ii,1 1,4,45c- avoviAm,e, vt4 5,6er 16,7 4--- 40' e4,-.. 4.4ate.# 3 2-7-6,1‘:6)41' hAimii,o7v 0 yti„r4 41 40 -6 40, 1 41 2_7- 0.04-w4/9 t 2ik/e6./e/ 441,-; -7-404-:.0 Ce Fade,r# k 2-7-,,I . :4' / fiexere,/ 7 7 2- 7ceC.',/7 1/6010-e-7 ik:ov.414 f ith.eg ie°"'W I, 2-7-oa ' //ce„dove 2,7-004-: 4'5-4 7/1/4e, 5-4,,4Af 5" " 4 g :-..A Z-7-47.0 :i',3 71/94 6.) 5,4 cm/A s'?" 4" it>1,4- • ./4/;;#.44/2) 7-5 2-7-ei;goo/ ,i/9/75-69.6 e/44**7 f,' ,I 7-i,;7 r .alf ffl,,,,a A ( dix/e/OPPiveCs- 6', lie'- , ,Ww , - , ,,,„, ;r x A li- ,. . R w o o,o , 4 o a r o Lot 17 N 7" A. r'' O II -4 O cr . . (.4 t', Z W id Mauna Kea ,/ Memorial Park c) a/ o 0 p� �° N0\'� KAIEIE .'� � HOMESTEAD �o __ ----- , eco 27118'30" -- . 265'23=—=281.04 257.44 EXISTING i DWELLING Z 3441 CV LOrr< ao ui co h= < .-=c,1°- Lot ld.Lot 7-B Lot 5-A Ln in Mitsue Morigaki g r, Tadao Sadayasu et al - Owners °'0 . . co and wife Yukino Cl) o .- � � W r- Owners W CO Q I U � Q CD Q tE— c) t I-" co l o Q, o 0o -I _JN Cn M 1.1 N c0 to N Co O O Co LO r7 M M d- 216.80 _- --- — — — -.7 - 282.97 .7g-16.10"-"*". - 9310' =— 325.00 Mauna Kea Agribusiness Co. Inc. - Owner OWNER: ROY YAMASHITA AND WIFE JOLIE K. 27-663 Kaieie Homestead Road Papaikou, Hawaii 96781 ��vNTT,syi • * ► PLAN SHOWING �� ,-9,, PROPOSED CHANGE OF ZONE PROFESSIONAL FOR A PROPOSED SUBDIVISION OF LOT 6 * LANDS"SURVEYOR ` I No.5985 OF KAIEIE HOMESTEADS, ti P. BEING ALL OF GRANT 6903 TO LOUIS DE NOBRIGA '111/AllV g• INTO LOTS 6—A AND 6—B KAIEIE, SOUTH HILO, ISLAND OF HAWAII, HAWAII This work was prepared by me Survey and Plan by Island Survey, Inc. or under my supervision. P.O. Box 4215, Hilo, Hawaii 96720 March 10, 1995 ()-1-0 L--Z-----:--- - ' ROBERT T. SHIRAI, PLS State of Hawaii Cert. No. LS-5985 TMMC. 7--7—nn�• n12