HomeMy WebLinkAboutCOM 0017.000 2000-2002
Stephen K Yamasturo M~ Harry A Takahashi
Mayor •y Mattagmg DvacYOr
• • Hettry Cho
Deputy Maiupng Duedor
ti~~ i
COUNTY OF HAWAII
23 Aupum Street. Room 213 • Hd0. Hawau 96720-9232 • (808) 96t-8211 • Fax (808) %16333
K04A 73-3706 Kuel[uu Highway, Smte IOJ • Kultu-Konti HawuY %740
(808) 329.3226 • Fax (808) 3263663
November 30, 2000
Honorable James Y Arakakt, Chairman
and Members of the County Council
County of Hawau
25 Aupuni Street
Hllo, HI 96720
Dear Chairman Arakakt and Members
State Land Use Boundary Amendment Appltcatton (SLU 00-009)
Request Agricultural to Urban
Change of Zone Appltcatton (REZ 00-012)
Request Agricultural (A-20a) to Single Family Residential (RS-15)
Applicant Peter Messmer
~ Tax Map Key 5-4-2 Portion of 6
State Land Use Boundary Amendment Appltcatton (SLU 00-01 I )
Request Agricultural to Urban
Change of "Lone Appltcatton (REZ 00-0161
Request .4-5a to RS-15
Applicant Owners of Parcel 9
Tax Map
Icy; 7-8-11 9 _
As required by Chapter 4, Sec 5-4 3(C), Hawau County Charter, transrrutted herewith for the County
Council's consideration and action are the Planning Commission's letters and enclosures regarding the
above-referenced requests
Sincerely,
a~ ~
phen K ashiro
Mayor
LI101(gMAY
Enclosures
cc Planning Department Comm I;o, /
Sr ~~•S 7 v- 8 File No Z C
Ref. To: 7"
Ref. Date DEC 0 5 7000
Honorable James Y Arakakt, Chaiintan
and Members of the County Counci]
Page 6
surrounding urban distnct and land use pattern Lands immediately to the north and east
of the protect site are zoned Single Faintly Residential (RS-15), and further to the east
near the Akont Pule Highway and Kynnersley Road intersection aze zoned Village
Commercial (CV-10) Those lands include a mix of residential and commercial uses To
the northwest and diagonally across of the protect area, the land is zoned Neighborhood
Commerctal (CN-20) and occupied by the K Takata Store Lands immediately to the
west and south are zoned Agncultural (A-20a) and are m pasture or vacant [n Apnl
1998, the County Council approved change of zone Ordinance No 98 36, which
reclassified approxtmately 9 8 acres of land from A-20a and RS-15 to RS-10 fora 34-lot
restdenttal development Thts property is located further to the east of Kynnersley Road
adtointng the extsttng restdenttal lands along Akont Pule Htghway
Basic services such as schools, parks, water, solid waste disposal, transportation,
public uuhttes and police and fire protection are available The subtect property is
located where extsttng mixed restdenttal and commercial activities exist The Kohala
High and Elementary School complex is located about one-half mile to the northwest of
the protect site The protect site is located approxtmately two miles west from Kapaau
where the Kohala Hospital, Police and Fire Facilities, and Kamehameha Park are located
The Akom Pule Htghway provides a mator transportation link between the North Kohala
and Kawaihae areas According to the Department of Water Supply, water is avatlable
from the extsttng 8-inch waterline along Akoni Pule Htghway Any drainage system
requirements shall meet with the approval of the Department of Public Works Other
utilities, such as electncity and telephone can be made available to the subtect
development Based on the foregoing, the request confoiTris with the Land Use
Commission Rules which encourages urban developments m close proximity to extsttng
developments and to existing services and facilities
The protect area has no severe geological or topographical problems which cannot
be properly rectified or which would render the land unusable The Federal Emergency
Management Agency Flood Insurance Rate Map (FIRM) designates the protect area
within Zone X, areas determined to be outside the 500-year flood plain The protect area
is also located more than tw•o miles from the coastline and as such, outside of any tsunami
mundatwn area Any new• construction or improvements to the protect area must comply
with Chapter 27 of the County Code relating to Flood Hazard Control The property was
fonrtally cultivated to sugar cane and presently used for cattle grazing and therefore, no
endangered or threatened species of floral or faunal nor any histonc sites aze anticipated
to be found within the protect area
The proposed development will not adversely impact any recreational, including
access to and along the shoreline, or visual resources to the shoreline and coastal
Honorable James Y Arakakt, Chattman
and Members of the County Council
Page 7
ecosystems The protect area is located mauka of Akont Pule Highway more than tw•o
miles from the nearest coastline and adJacent to existing residences and commercial uses
The progeny is not located within an area recognized by the General Plan as an example
of natural beauty Therefore, the proposed development will not adversely impact any
scenic or open space resources to the shoreline, coastal view plane, and coastal
ecosystems
Finally, tt should be noted that the reclassification action would also conform to
the following goals, obJectrves and~'or pobctes articulated m the Hawau State Plan
relating to Socto-cultural advancement -Housing obJectrves and policies
(a) Planning for the State's socto-cultural advancement with regard to housing shall
be directed towards achievement of the following obJechves
(1) Greater opportunities for Hawatt's people to secure reasonably pnced,
safe, sanitary, livable homes located to suitable environments that
sattsfactonly accommodate the needs and desires of families and
individuals
(2) The orderly development of residential areas sensitive to community needs
and other land uses
(b) To achieve the housing obJectrves, tt shall be the policy of this state to
(1) Effectively accommodate the housing needs of Hawatt's people
(2) Stimulate and promote feasible approaches that increase housing choices
for low-income, moderate-income and gap-group households
(3) Increase home ownership and rental opportunities and choices to terms of
quality, location, cost, densities, style, and size of housing
(5) Promote design and IocaUon of housing developments taking into account
the physical setting, accessibility to public factlmes and services, and
other concerns of extstmg communities and surrounding areas
(6) Foster a vanety of lifestyles traditional to Hawau through the design and
maintenance of neighborhoods that reflect the cultures and values of the
community
Honorable James Y Arakakt, Chairman
and Members of the County Council
Page 8
Based on the above, the approval of the State Land Use Boundary Amendment
from Agncultural to the Urban Distnct complements the State Land Use Dtstnct
Regulations and is supportive of the State of Hawaii State Plan and the County of Hawaii
Genera] Plan
Change of Zone
In order to consider an area for any type of zoning designation, the applicable
goals, policies and standards of the General Plan must be adequately addressed 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 m the County
The proposed change of zone to Single Family Residential (RS-15) zoned distnct
will conform to the goals, policies and standazds of the Land Use Element of the General
Plan Land use is one of the pnncipal focal points of public concern and policy The
Land Use Element provides the pnmary basis for direct control and guidance of publicly
and pnvately owned resources It is also intended to be used as a policy gwde for the
coordinated growth and development of all sectors of the County It sets forth goals,
policies, standards and courses of action to accommodate growrth without congestion, to
designate and preserve the lands needed for residential use, commercial and visitor
services, industry, agnculture and open space, and to coordinate these uses with the
County's service and circulation systems The overall Land Use goals, policies and
standards are set forth to physically plan the lands in the County in the best interest of the
island's residents These state the following
Land Lase
* Designate and allocate land uses in appropnate proportions and mix and in
keeping with the social, cultural and physical em~ironments of the County
* Zone urban- and rural-types of uses in aeeas with ease of access to community
services and employment centers and with adequate public utilities and facilities
* Allocate appropnate requested zoning in accordance with the existing or protected
needs of neighborhood, community, region and County
Honorable James Y Arakakt, Chairman
and Members of the County Council
Page 9
* 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,
distnct goals, regional plans, State Land Use Dtstnct, compatibility with adJacent
zoned uses, availability of public services and utilities, access, and public need
The proposed change of zone for Single Family Residential zoned distnct will
conform to the goals, policies and standards of the Single Family Residential and
Housing Elements of the General Plan
Stnele-Fanu(r Residential
* To maximize choices ofsingle-family residential lots and/or housing for residents
of the County
* To ensure compatible uses w•tthin and adJacent to single-family residential zoned
areas
* To provide single-family residenttal areas com~eniently located to public and
pnvate services, shopping, other community activities and convenient access to
employment centers
* The County shall designate and allocate single-family residential zoned lands at
varying densities for future use m accordance with the needs of the communities
and the stated goals, polictes and standards
* Areas shall have basic improvements and amenities necessary for immediate use
* Areas shall be limned to low-density and medmm density residential uses
H n
* Attain safe, sanitary, and livable housing for the residents of the County of
Haw•au
* Attain a drversrty of socio-economic housing mix throughout the different parts of
the Coun[y
Honorable James Y Arakakt, Chatnnan
and Members of the County Council
Page 10
* Maintain a housing supply which allows a vanety of choice
* Develop better places to hve m Hawau County by creating viable communities
with decent housing and suitable living em~ironments for our people
* Seek sufficient production of new affordable rental and fee-simple housing in the
County in a vanety of sizes to satisfactonly accommodate the needs and desires of
families and mdmduals
* Ensure that housing is available to all persons regardless of age, sex, manta)
status, ethnic background and income
The Land Use Pattern Allocation Guide (LUPAG) Map component of the General
Plan is a representation of the document's goals, policies, standards and courses of action
to guide the coordinated growth and development of the County It reflects a graphic
depiction of the physical relationships among the vanous land uses The LUPAG Map
establishes the basic urban and non-urban land use pattern for areas within the County
The protect area is designated for Low Density Urban Development The Low Density
Urban Development designation include uses such as single family residential
development, ancillary community and public uses and convenience-type of commercial
uses provided the applicable goals, policies and standards of the General Plan are inet
The proposed development would be a reasonable expansion of residential uses that
already exist in the area Also as shown on the General Plan, growth and expansion from
Honomakau to Hawi on the makai side of Akom Pule Highway is reflected with the
Urban Expansion designation These changes were made dunng the General Plan 1989
review to facilrta[e growth m this area As evident by the County's action dunng the 1989
General Plan Comprehensive Review, there is a need for additional lands to
accommodate present and future urban activities for the North Kohala Distnct This
subtect request is to allow a single family residential development which is allowable
under the Low Density L'rban designation The area under consideration is consistent
with the urban form established for this section of the North Kohala Distnct as depicted
on the LL'PAG Map
The requested zone change is consistent with the North Kohala Community
Development Plan (CDP) The North Kohala CDP was adopted by the Platinmg
Commission by Resolution No 2 84, dated September 1984 Said CDP further defines
the General Plan and serves as a guide for land use development The Land Use
Concept Map suggests that the general area fronting Akont Pule Highway, including
the subtect area, is appropriate for residential uses, up to four (4) units per acre The
Land Use Concept Map also recommends that future housing development in North
Honorable James Y Arakaki, Chattman
and Members of the County Council
Page 11
Kohala be encouraged to provide a mix of housing products in order to serve a broad
range of the regional market The CDP further encourages the development of additional
residential property around the existing towns of Haw[ and Kynnersley/Kapaau, at a
maximum density of four units per acre Thus, the request is consistent with the North
Kofiala Community Development Plan
The proposed reclassification is consistent with the adtacent single faintly
restdenttal zoned district Lands immediately to the north and east of the protect site as
well as along Kynnersley Road are zoned Single Faintly Residential (RS-15) Further
to the east near the Akoni Pule Highway and Kynnersley Road tntersectton are zoned
Village Commercial (CV-10) Those lands include a mix of restdenttal and cornmerctal
uses To the northwest and diagonally across of the protect area, the land is zoned
Neighborhood Commercial (CN-20) and occupied by the K Takata Store The Kohala
High and Elementary School complex is located about 1,000 feet to the northwest of
the protec[ area Lands iirimediately to the west and south are zoned Agricultural
(A-20a) and are in pasture or vacant In April 1998, the County Council approved
change of zone Ordinance No 98 36, which reclassified approxtmately 9 8 acres of
land from A-20a and RS-15 to RS-10 fora 34-lot restdenttal development Thts
property is located further to the east of Kynnersley Road adtoining the existing
restdenttal lands
The proposed development will not adversely impact any recreational, including
access to and along the shoreline, or visual resources to the shoreline and coastal
ecosystems The protect azea is located mauka of Akont Pule Htghway more than tw•o
miles from the nearest coastline and adjacent to existing mixed residences and
commercial uses The property is not located within an azea recognized by the General
Plan as an example of natural beauty Therefore, the proposed development will not
adversely mtpact any scenic or open space resources to the shoreline, coastal view plane,
and coastal ecosystems
Basic services such as schools, parks, water, solid waste disposal, transportation,
public utilities and pobce and fire protection are available The sublet[ property is
located where extsttng mixed residential and commercial activities exist The Kohala
High and Elementary School complex is located about one-half mile to the northwest of
the protect site The protect site is located approxtmately two miles west from Kapaau
where the Kohala Hospital, Police and Fire Facilities, and Kamehameha Park are located
The Akoni Pule Highway provides a mator transportation link between the North Kohala
and Kawaihae areas Access to the site is provided by Akom Pule Htghway, a state
owned highway with pavement width of 22 feet wrthtn a road nght-of--way width of 60
feet According to the Department of Water Supply, water is available from the existing
Honorable James Y Arakaki, Chairman
and Members of the County Council
Page 12
8-inch waterhne along Akoni Pule Highway Any drainage system requirements shall
meet with the approval of the Department of Public Works Other utilities, such as
electncity and telephone can be made available to the subject development Based on the
foregoing, the request conforms with the General Plan which encourages urban
developments in close proximity to existing developments and to extsttng services and
facilities
The project area has no severe geological or topographical problems which cannot
be properly rectified or which would render the land unusable The Federal Emergency
Management Agency Flood Insurance Rate Map (FIRM) designates the project area
within Zone X, areas determined to be outside the 500-yeaz flood plain The project area
is also located more than two miles from the coastline and as such, outside of any tsunami
mundauon area Any new• construction or improvements to the project azea must comply
with Chapter 27 of the County Code relating to Flood Hazard Control The property was
formally cultivated in sugar cane and presently used for cattle grazing and therefore, no
endangered or threatened species of floral or faunal nor any histonc sites are anticipated
to be found within the project area The State of Hawau ALISH Map classifies the
property as Pnme Agncultural Lands and the Land Use Study Bureau's Overall Master
Productivity Rating for the soils in the area is "B" or Good The limited 2 421-acre
portion of land will be affected by the land use change However, as previously stated,
the General Plan Land Use Pattern Allocation Guide Map designates the subject area for
Low Density Urban development
This request for a Change of Zone from an Agncultural (A-20a) to Single Family
Residential (RS-15) zoned distnct is being processed concurrently with a State Land Use
Boundary Amendment from Agncultural to Urban in order to allow for the proposed
residential development
Based on the above findings, this request to reclassify the subject property from
an Agncultural (A-20a) to Single Family Residential (RS-15) zoned distnct would result
in an appropnate land use pattern and further the public benefit
For your favorable consideration, amendments to the State Land Use Boundanes Map, H-13 for
the County of Hawaii and Section 25-8-7 (North and South Kohala Distncts Zone Map) and
Section 25-8-9 (Haw•i-Kapaau Zone Map), of the County Zoning Code aze transmitted
Honorable James Y Arakak~, Chairman
and Members of the County Council
Page 13
We are enclosing copes of the applications and a copy of the staff background for your
information
Sm~erely,
i~
e'`'"'Ruhard B Baker, Jr , Chauman
Planning Comm~ss~on
Lmessmer02PC
Enclosures
cc Mr Sidney Fuke
Mr Peter Messmer
Department of Publrc Works
Department of Water Supply
West Haw•au Office
Department of Land & Natural Resources
Kazu Hayash~da, D~rector/DOT-Highways, Honolulu
rr or-
~`V;.
Stephen K Ya7nash7ro
~r
l~IIUnf~r of ~tcfurxii
PLANNING COMMISSION
25 Aupum Street' Room 109 • Hilo, Hawau %720-252
IBOB) %7-8288 • Faa (808) %1.9675
NU1' 3 C 2000
Honorable James Y Arakakl, Chatnnan
and Members of the County Counc7]
County of Hawan
2~ Aupum Street
H71o, HI 96720
Dear Cha7nnan Arakak7 and Members
State Land Use Boundary Amendment .4ppl7cat(on (SLU 00-009)
Request Agncultural to Urban
Change of Zone Apphcatlon (REZ 00-012)
Request Agncultural (A-20a) to Single Fam(ly Resldentlal (RS-1
Appl(cant Peter Messmer
Tax Map Kex 5-4-2.Pomon of 6
The Planning Comm7ss(on, after a duly held publ)c heanng on November 1, 2000, voted to
recommend for your approval the proposed leg(slatrve b711s for a State Land Use Boundary
Amendment from the Agncultural to Urban Dlstnct and a Change of Zone changing the d7stnct
class(ficahon from Agncultural (.4-20a) to Single Fam)iy Resldenhal (RS-10) for approx7mately
2 421 acres of land The property (s located m the vtcm7ty of K Takata Store and on the mauka
s(de of Akom Pule H(ghway, approx(mately 800 feet west of rts mtersect(on wRh Kynnersley
Road, Puehuehu, North Kohala, Hawau
The Comm(sswn concurs with the following Planning D(rector's reasons for recommending
favorable conslderahon of the apphcat)ons
State Land IIse Boundary Amendment
The approval of the reclass)ficahon from the State Land Use Agncultural to the
Urban Dlstnct well not be v(olatlve of Sect7on 205-2, Chapter 205, Hawau Rev7sed
Statutes, nor well the reclasslficat7on be tnconslstent w(th the Land Use Comm7ss(on
Honorable James Y Arakaki, Chairman
and Members of [he County Council
Page 2
Rules, the County General Plan and the Hawaii State Plan Section 205-3 1 states that
distnct boundary amendments involving lands of fifteen acres or less, shall be determined
by the appropnate county land use decision making authonty and shall not require
consideration by the land use commission pursuant to Section 205-4 The standard of
review for a boundary amendment consideratwn shall be given to the following (a) The
extent to which the proposed reclassification conforms to the applicable goals, policies,
standards, and courses of action of the General Plan and implementing, ordinances, plans
and documents No amendment shall be approved unless it conforms to the General Plan
(b) The extent to which the proposed reclassification conforms to the applicable distnct
standards According to the Land Use Commission Rules, one of the standazds for
considenng an area for urban reclassification states that "In determining urban growth for
the Wert ten years, or in amending the boundary, land contiguous with existing urban
areas shall be given more consideration than non-contiguous land, and particularly when
indicated for future urban use on state or county general plans " The protect site
conforms to this standazd as rt is situated adjacent to existing urban designated lands
These urban lands include the existing residential neighborhood (RS-15) bordenng the
protect site to the east as well as to the north and further to the east of the protect area
along both sides of Kynnersley Road Commercial uses are also established across the
street from the site including K Takata Store, and to the east of the protect area along and
near the intersection of Akom Pule Highway and Kynnersley Road From a land use
perspective, rt is feasible to expand urban development within this particular azea which
is located m the vicinity of existing residential and commercial neighborhoods The
lands in this area can be charactenzed by "city-like" concentrations of people, structures,
streets, urban level of services and other related land uses Furthermore, an Urban
reclassification would complement the existing and future land activities of the
surrounding properties Therefore, urbanization of the sublet[ protect area is contiguous
to existing urban development and will not contribute toward scattered spot urban
development
The Urban classification would be consistent with the Housing, Land Use and
Single Family Residential goals and policies of the Hawaii County General Plan by
creating housing opportunities Land use is one of the pnncipal focal points of public
concern and policy The Land Use Element provides the pnmary basis for direct control
and guidance of publicly and pnvately owned resources It is also intended to be used as
a policy guide for the coordinated growth and development of all sectors of the County
It sets forth goals, policies, standards and courses of action to accommodate growth
without congestion, to designate and preserve the lands needed for residential use,
commercial and visitor sen•ices, industry, agnculture and open space, and to coordinate
these uses with the County's service and circulation systems The overall Land Use
goals, policies and standazds are set forth to physically plan the lands in the County in the
Honorable James Y Arakakt, Chairman
and Members of the County Council
Page 3
best interest of the island's residents The goals, policies, standards and courses of action
state the follow•mg
!"and 1
* Designate and allocate land uses to appropnate proportions and mix and to
keeping w ith the social, cultural and physical environments of the County
* Zone urban- and rural-types of uses in areas with ease of access to community
services and employment centers and with adequate pubhc uhhhes and facilities
* Allocate appropnate requested zoning to accordance with the existing or protected
needs of neighborhood, community, region and County
* The County shall encourage the development and maintenance of communities
meeting the needs of its restdents to balance with the phystcal and socral
environment
* Zoning request shall be reviewed with respect to General Plan designation, distract
goals, regional plans, State Land Use Distract, compatibility with adtacent zoned
uses, availability of public services and utilrttes, access and pubhc need
Srnele-Famr(v Resrrlenhal
* To maximize choices of single-family residential lots and/or housing for residents
of the County
* To ensure compatible uses within and adtacent to single-family residential zoned
areas
* To provide stngle-family residential aeeas conveniently located to public and
pnvate servrces, shopping, other community activities and convenient access to
employment centers
* The County shall designate and allocate single-faznily residential zoned lands at
varying densities for future use in accordance with the needs of the communities
and the stated goals, policies, and standards
Honorable James Y Arakakt, Chairman
and Members of the County Council
Page 5
Akont Pule Htghw•ay is reflected with the Urban Expansion designation These changes
were made dunng the General Plan 1989 revtew• to facilitate growth m this area As
evident by the County's action dunng the 1989 General Plan Comprehensive Review,
there is a need for additional lands to accommodate present and future urban activities far
the North Kohala District Thts subtect request is to allow a single family residential
development w•htch is allowable under the Low Density Urban destgnatron The protect
area under consideration is conststent with the urban form established for this section of
the North Kohala District as depicted on the LUPAG Map
The North Kohala Community Development Plan (CDP) was adopted by the
Planning Commission by Resolution No 2 84, dated September 1984 Satd CDP further
defines the Genera] Plan and serves as a guide for land use development The Land Use
Concept Map suggests that the general area fronting Akont Pule Highway, including the
subJect area, is appropriate for residential uses, up to four (4) units per acre Therefore,
the subtect request conforms to the North Kohala Community Development Plan
This request for a State Land Use Boundary Amendment from Agricultural to
Urban is being processed concurrently w•tth a Change of Zone request from an
Agricultural (A-20a) to Single Family Residential (RS-l5) zoned district m order to allow
for the proposed residential development As such, the boundary amendment would
allow for the rezoning of the protect area to allow for activities and uses that are
permitted within an Urban district
The subtect property is w•ithm the Slate Land Use and County's agricultural
districts It is an irregular-shaped lot consisting of approximately 22 421 acres It was
previously used for sugar cane cultivation, and presently used tntetmtttently for cattle
grazing The State of Hawaii Agricultural Lands of Importance to the State of Hawatt
(ALISH) Map classifies the property as Prime Agricultural Lands and the Land Use
Study Bureau's Overall Master Productivity Rating for the soils m the area is "B" or
Good The limited 2 421-acre portion of land will be affected by the land use change
However, the remaining 20 acres would be consistent with the A-20a zoning and would
continue to be used for cattle grazing Therefore, the reclassification of this 2 421-acre
area from the Agricultural to the Urban destgnatwn will not be detrimental to the
reduction of this area from the agricultural land inventory m the County of Hawau From
a land use perspective, tt is a more feasible altemattve to mfill urban development within
this particular subtect area Further, as previously stated, the area is contiguous with
existing urban azeas and designated for Low• Density Urban development
The subtect area is located to close proximity to the residential neighborhood and
employment center The Urban classification would be conststent with the adtacent and
BMcssmerU 1 agA-10`~?300
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
PETER MESSMER
STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 00-009)
CHANGE OF ZONE APPLICATION tREZ 00-012) _
PETER MESSMER has submitted applications for a State Land [Jse Boundary
Amendment from Agncultural to Urban Dtstnct and a Change of Zone by changing the district
classification from Agncultural (A-20a) to Single Faintly Residential (RS-15) for approximately
2 421 acres of land The property Is located In the vicinity of K Takata Store and on the mauka
side of Akom Pule Highway, approxtmately 800 feet west of Its intersection with Kynnersley
Road, Puehuehu, North Kohala, Hawaii, TMK 5-4-2 Portion of 6
GENERAL INFORMATION
1 Land Ownership: Peter Messmer Trust is the fee supple owner of the subject
property
2 December 2, 1997: Final Subdivision (SUB 6909) was approved by the Planning
Director for the creation of an 8-lot subdivision "Kynnersley West"with mmunum 20
acres in lot size The resulting Lot A, consisting of 22 241 acres, is the subject parcel
PROPOSED DEVELOPMENT
3 Request: The applicant proposes to reclassify the 2 421-acre portion of the 22 421-
acre parcel from Agricultural to Urban Dtstnct and trom Agncultural (A-Sa) to Single
Family Residential (RS-15) m order to subdivide said area into 6 single family
residential lots ranging from 15,000+ to 20,000+ square feet, and a 50-foot wide
easement (about 26,100 square feet) for access and utility purposes Thts zoning would
be consistent with the existing RS-15 zoning in the area All proposed lots would
access via the 50-foot wide easement and not have direct access onto Akoni Pule
Highway (Hawi-Nmhi Road) The remaining 20 acres would be consistent with the
A-20a zoning and would continue to be used for cattle grazing and/or other agricultural
uses It should be noted that the applicant intends to have restrictive covenants
incorporated into the deeds of the respective lots to prohibit the construction of an
ohana dwelling
4 Supportive Information: The applicant has submitted the following to support of the
request (See Exhibit A -State Land Use Boundary Amendment and Change of
Zone Applications)
STATE AND COUNTY PLAN$
5 State Land Use District: Agricultural The district boundary amendment involving
lands 15 acres or less are processed by the Planning Commission and forwarded to the
County Council for final action Therefore, the subject dtstnct boundary amendment
does not require consideration by the Land Use Commission pursuant to Seaton 205-4,
Hawatt Revised Statutes
6 Hawaii State Plan Consistency: Economy and Socto-Cultural Advancement
(Housing) objectives and policies
7 General Plan Consistency: Housing, Land Use, and Single Family Residential
Elements' goals, poltctes and courses of action for North Kohala
8 General Plan LUPAG Map: The General Plan Land Use Pattern Allocation Guide
(LUPAG) Map designates the area for Low Density Urban Development, which allows
Stngle family residential to character, ancillary community and public uses, and
convenience type commercial uses
9 North Kohala Community Development Plan (CDP): The North Kohala CDP was
adopted by the Planning Commission by Resolution No 2 84, dated September 1984
Said CDP further defines the General Plan and serves as a guide for land use
development The Land Use Concept Map suggests that the general area fronting
Akom Pule Highway, mcludmg the subject area, is appropriate for residential uses, up
to four (4) units per acre
10 County Zoning: Agricultural-20 acres (A-20a)
11 Special M1lanagement Area: The subject property is not situated within the SMA
boundary and therefore, the proposal is not subject to SMA review In addition, the
property is located more than two miles from the nearest coastline
-z-
DESCRIPTION OF PROPERTY AND SURROUNDING AREA
12 Subject Property: The subject property is an irregular-shaped lot cons~stmg of
approxunately 22 421 acres It was previously used for sugar cane cultrvat~on, and
presently used intermittently for cattle grazing The property is vacant of any
structures The property slopes in a mauka to makai direction with grade less than 10
percent The elevation of the site ranges between 500 to 520 feet above mean sea
level
13 U.S.D.A. Soil Type: The property is classified as Kohala (KhA) series, 0 to 3 percent
slopes, which consists of well-drained silty clays that formed m material from bask
igneous rock influenced by volcanic ash In a representative profile, the surface layer
is very dark grayish-brown and dark-brown silty clay about 14 inches thick The
subsoil ~s 25 inches thick and consists of dark-brown to dark yellowish-brown silty clay
loam and silty clay The substratum is weathered basic igneous rock Permeability is
moderately rapid, runoff is slow, and the erosion hazard rs slight The available water
capacity ~s about 1 7 inches per foot of soil This soil is used for ~rr~gated sugarcane
14 ALISH Map: Agricultural Lands of Importance to the State of Hawa~t (ALISH) has
classified the property as Prime Agricultural Land
15 Land Study Bureau's Detailed Land Classification System: Sods w~thm the
property is classified as "B" or Good for agricultural productivity
16 FIRM: The property is located within Zone "X," areas determined to be outside the
500-year flood plain
17 Flora/Fauna Resources: According to the applicant's Environmental Report, no
professional surveys of the floral or faunal resources were conducted on the site The
property had been cleared by bulldozers in the past for sugar cane cultivation, and has
been and intermittently continues to be used for cattle grazing Therefore, the
applicant believes that it is unlikely that any rare or endangered floral or faunal
resources would be found within the property The site has undergrowth of grass,
fallow sugar cane, lantana, and Christmas Berry
18 Archaeological Resources: According to the applicant's Environmental Report, no
-3-
professional archaeological survey was conducted un the site As previously indicated,
the property had been cleared by bulldozers In the past for sugar cane cultivation, and
has been and intermittently continues to be used for cattle grazing Therefore, the
applicant believes that it is unlikely that any archaeological features would be found
within the property According to the August 23, 2000 letter, the Department of Land
and Natural Resources-Historic Preservation Division has concluded that the
development will have "no effect" on significant historic sites
19 Air and Noise Quality: There are no air quality monitoring stations In the North
Kohala Region The existing noise generated in the area is coming from the noise from
the traffic along Akoni Pule Highway The principal source of short-term air quality
unpacts associated with the construction of the proposed development Is expected
during construction Given the limited nature of the development improvements, no
long term air and noise quality unpacts are anticipated
20 Recreational/Visual Resources: The project area Is located mauka of Akoni Pule
Highway more than two miles from the nearest coastline Therefore, the proposed
development will not adversely impact any recreational, Including access to and along
the shoreline, or visual resources to the shoreline and coastal ecosystems
21 Scenic and Open Space Resources: The project area is located mauka of Akoni Pule
Highway and adjacent to extsttng residences and commercial uses The property is not
located within an area recognized by the General Plan as an example of natural beauty
Therefore, the proposed development will not adversely impact any scenic or open
space resources to the shoreline, coastal view plane, and coastal ecosystems
22 Surrounding Zoning/Land Uses: Lands immediately to the north and east of the
project site are zoned Single Family Residential (RS-15), and further to the east near
the Akoni Pule Highway and Kynnersley Road intersection are zoned Village
Commercial (CV-10) Those lands include a mix of residential and commercial uses
To the northwest and diagonally across of the project area, the land is zoned
Neighborhood Commercial (CN-20) and occupied by the K Takata Store The Kohala
High and Elementary School complex is located about 1,000 feet to the northwest of
-4-
the protect area Lands immediately to the west and south are zoned Agncultural
(A-20a) and are in pasture or vacant
23 Previous Rezoning Approval: In April 1998, the County Council approved change of
zone Ordinance No 98 36, which reclassified approximately 9 8 acres of land from
A-20a ~ RS-15rfor a 34-lot residential development The property is located further to
the east side of Kynnersley Road, on the mauka side of Akoni Pule Highway and
adtoining the existing residential properties
PUBLIC FACILITIES AND UTILITIES
24 Access: Access to the protect area will be provided via Akom Pule Highway, astate-
owned highway with pavement width of 22 feet within a 60-foot wide right-of-way
25 Water: Water can be made available from an 8-inch waterline along Akom Pule
Highway fronting the protect site On October 5, 2000, the applicant secured a water
commitment for the proposed development from the Department of Water Supply
26 Wastewater: There is no municipal wastewater system in the area Wastewater
disposal system will meet with the requirements of the Department of Heath
27 Facilities and Utilities: Electrical and telephone services are available to the property
Police and fire services, and the Kohala Hospital are available in Kapaau,
approxunately 2 miles east of the protect area The County parks are located in Hawi,
Kapaau and Keokea
A = .N I . ' OMMENTS
28 Police Department (September 5, 2000 Memo):
"Staff has reviewed the above-referenced application and does not believe the request
will have any significant impact on police services in the area "
29 Real Property Tax Office (August 22, 2000 Memo):
"Yes Possible rollback taxes Definitely rollback taxes on the 2 421 acres for 6
residential homesrtes
"Current Real Property taxes are paid through June 30, 2001 "
-5-
30 Department of Land and Natural Resources-Historic Preservation Division
(August 23, 2000 Letter):
"This is in response to your August 15, 2000 Memo on the subject applications
"The applicant is seekmg to subdivide a 2 421 acre parcel for single-family residential
use The application, prepared by Sidney Fuke, notes that the parcel was formerly
cleared and used for sugar cane cultivation, and more recently for cattle grazing
Based on this history of previous land use and alteration, we believe that it is highly
unlikely that the parcel would contain significant historic sites We thus conclude that
the proposed house construction will have `no effect' on significant historic sites "
31 Land Use Commission (August 29, 2000 Letter):
" We have reviewed the subject applications forwarded by your memorandum dated
August 15, 2000, and confirm that the subject site, as represented on Figure 1, is
designated within the State Land Use Agricultural District
"We have no further comments to offer at this time We appreciate the opportunity to
cotrunent on the subject applications "
32 Department of Transportation (January 20, 2000 Memo):
"Not applicable "
33 Department of Public Works: (See Exhibit B -August 31, 2000 Memo)
34 Department of Water Supply: (See Exhibit C -September 19, 2000 and
October 5, 2000 Letters)
35 Fire Department: (See Exhibit D -September 13, 2000 Memo and Applicant's
Response -September 27, 2000 Letter)
A('ENCIES - NO RF,SPONST;
36 Department of Land and Natural Resources-Land Division, Department of Health,
Department of Agriculture, and Natural Resources Soil Conservation Service
PUBLIC CO1Vih1ENT$
37 The Department has not received any written comments or objections from the general
public or adjacent landowners on the subject applications
-6-
~c _c car _ FI:P `''L:.. "IV p;~UE b_
COUNTY OF gAWAII PLANNING DEPARTMENT
APPLICATION rOR STATE LAND USE BOUNDAa'lY AMENDMEN'P
(15 ACRE9 OA LE88)
APs~LICANT: Peter Mea
~v
APPLICANTS SIGyATU. C~/[/~
!AILING ADDRESS: P.O. Box 116)
Knpaau, HI 96755
TELSPHvNE: j$US) 889-5323 (SClfS)
LANCCWNSR: Peter it r•~
LANDGWNER'S SIGNATU /
TAX MAP iCBY: 5-4-02: wcrtion 6
LAND ARuA; 2.421 acres
CL'eZRaNT STATE LA2SD L*SE DISTRICT CLASSIFICATIONt Agricultural
R-cQUESTED STATE LAND USE DISTRICT CLASSIFICATZON:Urban
• TEE APPLICAh"a SRALL SUBMIT TES FOLLOWING:
A. Non-refundaCle filing and processing fee of two hundred dollars.
B. Original and tifteer. copies of:
i. Application farm.
2. Location map.
3. Preliminar_r ante plan, drawn to scale, with all existing
and proposed structures and improvements shown thereon.
4. Reasons for the requested change and written description of
the prapertg and proposed development, including but not
liaited to:
a, The extent to which the proposed reclassification
Conforms to the applicable goals, policies, standards,
and courses of action of the General Plan and
implementing ordinances, plane and documents and
6. The extznt to which t::r proposed reclassification
conforms to the applicable district standards,
C. A minimum 2-foot by 3-foot presentation map requested under B.3,
above.
BCD'</25/87 ~
„ ~1, _..JU .5 3(i3-9 7,°b FL'rE. °L~ `IG °::GE
0~
CI~l.~'~1~~ a~ ~ONP APPLICA'TIL~1`1
Cou~-TY o~ t•~waII
PI,A~I~iG D;:.PARTMENT
(Type or legibly pnnr try requesud informaticn)
APPLICANT ~'eter mar
APPLICANT'S SiGNA ` DATE: 7_3~^~
ADDRESS: P • 0. Hox 1167
Kapaau~ HI 96755
i
LIST APPLICANT'S INTEREST IF NOT OWNFR.
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS:
PIiONE•(Bus.) 889-5323 (Res.) (Fax) 889-6776
LANDOWNER(S): Peter Meeemer, Ttvet
LANDOWNER SIGNATURE{S;"! ~ DATE: 7 3/
(!?S~y be by lean)
IANDOWNE_R(S) ADDRESS: ease ae above
~Qrt~cT A-20a Tn RS-15
h,-i~ ty ~
~ n Si-~i-OZ ~Ub) Portion I~~~ ~
TAX .dA. KEY.
STREET ADDRESS OF PROPERTY•
2.421 acres
SITE Or PROPERTY OR AFFECTED AREA(S) TO BE REZOT7ED•
q;~E~p~: Siddev P::ke. Planning Consultant
ADDRESS lv"0 Pauahi Street, Suite Z1Z
Hilo, HI 96720
TELEPfiONE (Bua.) 9c9-1522 (Res) 951-59u9 (Faz) y6g-795
Please indicate to whom ongtnal correspondence and copies should be sent.
ORIGIIYAL: Sidney Hike COPIES. Peter Measmnr
(See instructions on Reverse Side)
ATTACHMENT
Residential Rezoning
PLANNING DEPARTMENT
COUNTY OF HAWAII
PPPLICATION FOR CHANGE OF ZONE
1. If your request is approved, do you intend to subdivide
the subject land in accordance with the approved change
f of zone? Yes
If yes, please answer the rest of question 1 and then to
question 3.
a. How many acres of the requested area do you intend to
subdivide? AEI
b. Into what lot sizes? 15,000+ sf
c. If your request is approved, approximately how long
~ after the date of approval do you expect to suomit
your subdivision plans to the Planu ng Department
~ for preliminary approval? Immediately
d. Do you intend to build houses on the newly created No
lots?
If yes, please answer the following questions:
On how many of those lots?
At what approximate price range? House
Lots
Total
Approximately how long, after approval of
the subdivision, would the first house oe
available for occupancy?
If you intend to suodivide, please suomit a
preliminary schematic subdivision plan together
with your change of zone application form.
2. If you have no firm plans of suodividing the subject area,
do you intend to:
a. Sell or lease the land to someone who nos firm
plans?
b. Sell or lease the land to someone wno has tentative
plans?
c. Sell or lease the land to someone wno has no plans?
d. Keep it?
e. Otner (please state)
f. If you intend to do either a, b, or c, please elaoorate
on the kind of plans the other party has. Please, also,
include in your answer approximately how soon after
approval of your rezoning do you expect to transfer the
subject land to another party.
3. Do you think that your request and your further plans
for the land will alleviate the local housing situation? Yes
How? Please refer to environmental report. Briefly,
however, the provision of additional lots on the
market would increase the overall supply, thus
having some measure of influence over its price.
i
4. Are there any buildings on the suo~ect area? No
If so, what kind?
what do you intend to do with those buildings if your
request is approved?
-2-
5. Is the subject land currently being used for any
agricultural activitity? Somewhat
If so, please list the kinds of products grown and on
how many square feet or acres of land per product.
The site is used intermittently for cattle grazing. THe
balance of the site (20 acres) will continue in that
fashion until a more intensive commodity is planned.
o. To your knowledge, has there been any floocing and/or
drainage problem on the subject area? No
If so, please describe the problem.
7. Do you think that the roads leading to the subJect area No
needs improvement?
If so, what kind?
Is the road adequate for the proposed traffic volume yes
or load?
8. What sort of governmental assistance and/or improvements
do you feel will be needed in the subject area when
developed?
Yes No
a. Schools x
b. Roads x
c. Sewer X
d. Drainage x
e. Police Protection X
-3-
_L'L't1 l]y. .7 .~.Ud- -?`J :b `:+I~E, °L.:~ °::(:E ft4
Yes No
File Protection x
g. Recreational Facilities x
h. Public Utilities x
i. Other x
Fcr those checked ^yes,^ please elaborate what type or kinds oP
improvements and/or assistance are needetl.
Signature• ~ ~
Atldress: -r.0. Boz 1167 Rapaau, HI 96755
Telephone: 889-5323
uate: August 2, 2000
_4-
6337A/SOA
n n CIOA
STATE LAND USE BOUNDARY AMENDMENT
(Agricultural to Urban)
AND
COUNTY REZONING APPLICATIONS
PETER MESSMER
PUEHUEHU, NORTH KOHALA, HAWAII
TAX MAP KEY: (3) 5-4-02: 06 (Portion)
Prepared For:
Peter Messmer
Prepared By:
Sidney M. Fuke, Planning Consultant
August 2000
COUNTY ENVIRONMENTAL REPORT
STATE LAND USE and COUNTY REZONING REQUEST
PETER MESSMER
TAX MAP KEY: (3) 5-402: 06 (PORTION)
PUEHUEHU, NORTH KOHALA, HAWAH
I. INTRODUCTION
The applicant, Peter Messmer is requesting a 2.421 acre portion of a 22.421 acre
parcel to be reclassified into the Urban District and subsequently rezoned from
Agriculture (A-10a) to Single-Family Residential(RS-IS) in Puehuehu, North Kohala,
Hawaii. (See Figure 1) The property is located on the mauka side of the Hawi-Niuli
Road (I-Iighway 270), approximately 1,000 feet west or Hawi-side of Kynnersley
Road.
If approved, the applicant mtends to subdivide the 2.421 acre azea into no more than
six (6) single-family residential lots ranging from 15,000+ to 20,000+ square feet.
The balance of the property (20 acres) would be left as is, whose size would be
consistent with the A-20a zoning.
H. PROJECT LOCATION
The project area is located mauka of the Hawi-Niuli Road, approximately 1,000 feet
west or Hawi-side of Kynnersley Road. The Kohala High School complex is located
about 800 feet west of the site, on the makar side of the Hawi-Niuli Road. There aze
commercial uses at the Kynnersley Road intersection and in the vicinity of the Kohala
High School (See Figure 2)
III. PROJECT DESCRIPTION
A. Project Concept and Components
The apphcant explored different land use schemes of this site. These included
a 3-acre and 5-acre agricultural subdivision
However, after takurg into consideration mazket, infiastructural, and
surrounding land uses, the applicant elected to proceed with a six (6) lot
residential subdivision, with lots no smaller than 15,000 squaze feet. (See
Figure 3) This zoning category would be consistent with the X.S IS zoning in
this area. The balance of the lot would consist of 20 acres, consistent with the
A-20a zoning. The subdivision would technically result in seven (7) lots.
Access would be via a 50-foot wide easement that would be improved to
1
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County requirements. None of the proposed lots would have direct access to
the Hawi-Niuli Road
It is understood that the subdivision plan submitted herein may change prior to
receipt of final subdivision approval to accommodate County subdivision
requirements, appropnate conditions of approval, and marketing demands.
It should also be noted that the applicant intends to have covenants
incorporated mto the deeds ofthe respective lots to prohibit the construction
of an "ohana" dwelling.
B. Project Timetable and Cost
The applicant hopes to secure the necessary approvals of the requested State
Land Use district amendment and County rezoning applications as soon as
possible and begin the subdivision and development process immediately
thereafter. Tentatively, plans call for having the lots on the market in the
summer of the year 2000 or sooner.
The cost of the improvements is estimated at $100,000. This is largely for
the road and water improvements.
11'. INSTITUTIONAL CONSIDERATIONS
A. State Land Use
The subject area is designated Agr:cultural. To effectuate this project, the
2.421 acre area is proposed to be reclassified into the Urban district. The
balance of the property would remain in the Agriculhval district.
Fy
Based on the size of the requested azea, no State Land Use Commission
action is required. The County of Hawaii can process both the boundary
reclassification and rezoning requests.
B. Countv General Pfan
The County General Plan Land Use Pattern Allocation Guide (LUPAG) map
designates the requested area Low Density Low Density uses aze defined in
the General Plan as "Single family residential in chazacter, ancillary commumty
and public uses, and convenience type commercial uses " Based on the
requested Single Family Residential (RS-1 S) zomng, the protect would be
consistent with the General PLut and no amendment is required.
C. North Kohals Commuuity Devebpmeut Plan (CDP)
This plan, adopted in 1986 by the Planning Commission, attempts to further
define the Grneral Plan and serves as a guide for decision-makers. It has not,
however, been adopted by the County Council.
The Land Use Concept tnap of this plan suggests that the general azea fronting
the Hawi-Niuli Road, including the subject area, is appropriate for residrnt~al
uses (Res-4) This designation suggests residential uses, up to four (4) units
per acre. The requested RS-!S zoning would be consistent with this
designation.
D. Draft Northwest FIawaii Open Spsce and Community Devebpmeut Plan
This draft Plan, prepazed in November 1992 but has not been adopted.
Nonetheless, it provides some measure of guidance to decision-makers.
The land use concept map suggests that the subject area is appropriate for
Low Density type of residential uses. Accordingly, the requested RS-I S
zoning would be consistent with said plan.
E. County Zoning
The County zoning of the subject azea is Agriculture (A-20aJ If approved,
the site would be subdivided in a manner meeting with both the Zoning and
Subdivision Codes One of the lots would consist of 20 acres, consistent with
the existing A-20a zoning. The balance (2.421 acres) would be subdivided
into six (6) 15,000+ squaze foot lots. Further, all uses and standards
consistent with the requested RS-IS zone would be adhered to.
gr- F. Other Permittio¢ Considerations
1
` The site is not located within the County Special Management Area (SMA).
As such, no SMA Use Permit would be required.
However, as noted eazlier, other permits would still be requred. These would
be of the "ministerial" variety, such as Subdivision Approval, possible
Underground Injection Control (LJIC) permit, and the h1ce.
3
V. ENVIRONMENTAL CONSIDERATIONS
A. General Description
The elevation of the site ranges approanmately between 500 to 520 feet above
mean sea level
The mean annual rainfall in thu azea ranges between 50 and 90 inches. The
wetter months tend to occur between October through April The mean
annual temperature is about 75 degrees Fahrenheit, with the warmer months
during the summer. Slight easterly winds occur during the day, while westerly
mountain winds are prevalent during the evenings.
The entire 22+ acre site is shaped like an exaggerated "flag" lot, with its pole
fronting the Hawi-Niuli Road. It is that portion of the pole that is being
requested to be reclassified and rewned.
The entire 22+ acre parcel is vacant of any structures. It has been used in the
past for sugaz cane, and since the closure of sugaz operations in Kohala,
intermittently for cattle grazing.
B. Soils and Topo¢raphy
i
The topography of the site slopes slightly in a mauka (north) to makai (south)
direction. The grade is less than 10 percent.
The Land Studv Bureau Overall Master Productivrtv Ratme for the subject
azea is Class "B" (B 114i) or good. This designation suggests that the site has
t I good potential for agricultural productivity. The Bureau notes that this soil
series (Kohala) has moderately fine and deep soil. It is well suited for machine
tillability. The soil color is dark brown, and the parent material is volcanic
ash. It is also well drained.
The State of Hawail's A¢ricultural Lands Of Importance to the State of
Hawau (ALISH) reaps classify this site as "prime."
C. Natural Hazards
1. Drainage
The US Corps of Engineers' Flood Insurance Rate Map (FIRM)
designates the project site to be located in Zone X, azeas outside the
500-yeaz flood plain.
4
2. Tsunami Hazard
As the site is located nearly 2 miles from the ocean and near the 500
foot elevation, it is located outside of the Civil Defense's Tsunami
Evacuation Zone
3. Voicauic and Earthquake Hazards
The United States Geological Survey (TJSGS) classifies the area as
• Lava Flow Hazazd Zone 9, on a scale of ascending risk 9 to 1. For
comparative purposes, the populated area of Kailua-Kona is classified
Zone 4, while the City of Hilo falls within Zone 3
The entire island of Hawaii falls within Earthquake Zone 4, according
to the County Building Code. As such, certain structural requirements
will be needed and taken during the building petmit process to address
this seismic hazard.
D. Flora/Fauoa
Although there were no professional surveys conducted of the floral or faunal
resources ofthe site, the applicant does not believe that rare or endangered
floral or faunal resources are likely to be found within the subject site.
The site has already been cleared by bulldozers in the past for sugaz
cultivation. Further, the site has been and intermittently continues to be used
for cattle grazing. A visual inspection of the site, however, notes that the site
has undergrowth of grass, fallow sugaz cane stalks, and occasional patches of
Lantana (Lantana Camara) and Christmas Berry (Schrnus terebrnthrfolius.
Thus, floral impacts should be minimal.
The site >s not known or registered as an habitat for raze or endangered animal
life.
E. Historic/Arc6aeolo¢ical Resources
As the site was formerly cleared and utilized for sugar cultivation and more
recently for cattle grazing, no commissioned azchaeological survey of the site
was made. The clearing would make it less likely to Snd any archaeological
features on the site.
Nonetheless, during the course of developing the subdivision, should a~
unanticipated archaeological features or sites be discovered, work will
5
immediately cease and the applicant wilt notify the Plarming DepaRment.
Upon receipt of clearances, work will resume.
F. Water and Coastal Resources
The subject site is located nearly 2 miles from the coastline. As such, coastal
mipacts resulting from discharge of wastewater systems from the site should
not be significant. Further, being anon-coastal property, no coastal access
will be affected.
As the wastewater from the project will be serviced by sewer system meeting
with the approval of the Department of Health, septic tank or related system
meeting with the approval of said agency will be done by the respective
property owners at the time of issuance of a building permit for the proposed
lots.
G. Noise, Air puality. and Dust
A new access directly to the Hawi-Niuli Road will serve as access to these six
(6) lots. As the site and the surrounding lots aze proximate to this Road, the
ambient noise level relative to traffic is a little higher. Nonetheless, the area is
still residential in character. The addition of vehicular movements generated
by six (6) more lots should not generate an appreciably higher level of noise.
There will, however, be short term noise impacts associated with the
construction of the uifrastrncture for the proposed subdivision. Contractors
will be required to comply with appropriate noise and related mitigation
measures of the State Department of Health.
The proposed development should not generate any direct air quality impacts.
The only discernible air quality impact could be associated with the vehicular
traffic to and from the site. While there will be an impact to the ambient air
quality, the impact should not be significant. With higher EPA standazds for
automobile air emissions, the air quality impact should thus hopefully not be
significant.
As such, with the exception of construction dust in the beginning, long term
dust generated by the project should be miiiiniaL Construction dust, however,
li7ce construction noise will have to comply with the State Department of
Health's regulations.
6
II. Scenic and Visual Considerations
In the 1Vatural Beauty element of the General Plan, there aze sites or areas
listed as being a scenic resource. The subject site is not listed as a scenic site.
In the North Kohala area and relative to the subject site, the most notable
would be the "Coastline view plane from Kohala Mountain Road."
The proposed development would not have any visual mmpacts of the
coastline. It is located mauka of the Road. Further, the view of the ocean is
not visible from this site.
VI. SOCIAL AND RELATED CONSIDERATIONS
A. Surroundin¢ Land Uses
There is a mixture of land uses in this area ranging from commercial (stores),
limited farming (open space/gazing), school, and single-farmly residential.
These uses aze generally consistent with the existing commercial, agricultural,
and residential zoning in this area. (See Figure 4)
Along Kynnersley Road, there ~ a string of single-family dwellings. There are
also residential uses generally bounding the site. The Kohala High School is
less than a 1,000 feet from the site. There are also commercial uses at the
Kynnersley Road intersection and near the school.
B. Economic Impacts
The requested zoning would have some measure of economic impact, as it
~ ~ would make fee simple lots available to individuals w;`t,;
~ to live in this part
of Kohala In tum, rt would minim~~e the pressure to utilize more important
agricultural properties further mauka of the site
Further, there will be some short-term construction activity. And this, could
help with the azea's economy
C. AgriculturalImpacts
The site has not been used for intensive agricultural activity over 30 years.
Since the closure ofthe sugaz plantation, the site has been used essentially and
intemvttently for cattle grazing. While this use could continue, it may not be a
productive use of the land, given the emerging residential pattern in the azea.
7
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The soils resource value of "Class B" is recognized. However, the site's
proximity to urban uses make agricultural uses not too feasible.
Because of the site's location (proximate to the school), it represents a fairly
attractive area for residential uses. As such, having developments in this area
could reduce pressures for the development or non-agricultural use of the
equally good agricuhural lands further away from this urban environment.
In so doing, it would indirectly be helping or furthering the agricultural
objectives oftbe County.
VII. INFRASTRUCTURE CONSIDERATIONS
A. Rosd
Access to the project would be via Hawi-Niuli Road. This road has aright-of-
way ofsixty (60) feet with a pavement width of twenty two (22+) feet.
The applicant intends to construct a private road within the project site.
Hopefully, a private road without paving the entire right-of--way could be
achieved to help address quality and drainage issues.
B. Water
There is an 8-inch County water line fronting Hawi-Niuli Road. According to
discussions with the Department of Water Supply, water for the proposed
seven (7) lot subdivision could be made available from this line. This would
be subject to the applicant's payment ofthe water commitment fee.
C. Wastewater
l.!
There is no County wastewater system m this area As such, a septic tank
system meeting with the approval of the Department of Health will be
allowed. This will be done by the respective lot owners at the time of actual
• construction ofthe residences.
D. Solid Waste
Solid waste will be handled through a commercial haulers or the individual
homeowners into authorized landSll sites or transfer stations.. With the
requested RS-25 zoning, the potential for uses with toxic or related chemical
waste would be minimal, if at all
8
E. Other Government Services
As this azea is ah•eady part of the North Kohala urban area, it is already being
serviced. No extension of governtnent services would be required. The Fire
Station and Police Station aze located in Kapaau, approximately two (2) miles
away. As noted earlier, the school is located across the street, approximately
1,000 feet to the west.
County parks aze available in Kapaau, Keokea, and Hawi.
As such, the project should not result m the extension of arty govetYUrtent
services. Further, the required pubfic facilities aze located reasonably
proximate to the subject site.
F. Other Utilities
All other utilities such as telephone, cable, and electrical services, aze
available to the site.
VIII. IMPACT SIGNIFICANCE AI~IALYSI5
A. Relationship Between Local Short-Term Uses of Environment and
Maintenance and Enhancement of Lout-Term Productivity
If the requests were denied, the short term use of the site would probably be
an undeveloped tract of land which is used mtetmittently for cattle grazing or
other non-intensive agricultural activity. There could also be the possibility of
using the land as a large single-family lot.
i
It should also be noted that given the configuration of the entire pazcel, the
area of the proposed zoning/LUC amendment and subsequent subdivision
would not duninish the potential agncultuial use of the balance of the
property. The subject site is adjacent to residential uses that would be
developed, an azea that is not locationally critical to the balance of the site.
The remaining azea would still be contiguous to large agnculturai sized
parcels.
As such. the planned pm~ect would be more prudent from a and use
perspective. The area of development would satisfy residemial needs while
not Impacting the potential agncultural use of the retnaining parcel.
In so doing, the project could tndirectly help retard pressures for the
unnecessary conversion of the better agricultural lands for residential
9
activities, and would concutmntly promote agricultural and residential
objectives.
B. Irreversible and Irretrievable Commitment of Resources
The subject site is already disturbed. As such, the project should not resuh m
an irreversible commitment of natural or archaeological resources.
However, as the subject site has been classified "B" by the Land Study
Bureau, there will be a commitment of some land with good agricultural
potential Nonetheless, the resultant action will still leave a substantial portion
of the property (20 acres) for agncultural activity. It ~ only that area that is
adjacent to residential zoaing/uses that will be irretrievably committed.
C. Mitigative Measures
The applicant intends to provide the required on-site infrastructure in
conjunction with the subdivision process. At the same time, a~ drainage
issue will be mitigated, as plans meeting with the requirements of the County
would have to be implemented in conjunction with the subdivision approval
process.
Should unanticipated archaeological Ends be discovered during the
construction of the project, work will stop (as is required by the State and
County) and clearance secured before work will resume.
Further, an improved access to the agricultural azea will be provided. This
should hopefully facilitate the agricultural use of the balance of the property.
h~ As the site is presently vacant, no person or businesses would be dislocated.
D. Alternatives to the Proposed Proiect
I. No Protect
Under this status quo alternative, the site will either remain in its
present condition and continue to be used for less intensive agricultural
use, such as cattle grazing. Access to the 20-acre area -which is more
suitable for agricultural activities -would not be available. There
would be less residential lots in an azea and location that is conducive
for urban uses.
10
This alternative would resuh in short-term constructron impacts (noise,
dust, traffic) resulting from the construction of a dwelling. Additional
vehicular traffic, although not significant, resulting from the ultunate
uses within the site would also be present.
The area of the proposed development site, however, would not be
utilized to its fullest potential, given the predominant residential ]and
uses in this area.
2. Alternative Residential Density
Under this ahernative, the applicant could seek a RS-IO zoning. This
would be consistent with the land use goals of the General Plan, which
allows consideration for 4/units per acre.
However, such an approach would not create a mixn~ne of density and
lot sizes that could make a community rttore attractive and be
consistent with the RS-15 zoning m this azea.
A lazger lot subdivision (such as one to three acres) would result in the
further reduction of good agricultural lands.
3. Evaluation of Alternatives
The project's impacts to the azea's social and physical infrastructure
would not appear to be pronounced. Certain mitigative measures will
be taken to address any possible hnpacts 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 and all other related planning documents
affecting the subject site
In view of the aforementioned, rtwould appeaz that none of the
ahematives would be more prudent and beneficial than the requested
RS-IS alternative.
IX. REGULATORY ANALYSIS
A. General Plan LUPAG Map
The General Plan provides for the long-range comprehensive development of
the island of Hawari It provides direction for balanced growth in the County.
11
The LUPAG map designates the site Low Density. Thts designation allows
the requested RS-15 zoning. It should be noted that a denstty of 4 units per
acre (or RS-10) could have been considered. As such, the project would be
less than what could be allowed and is thus consistent or supportive of the
LUPAG map.
B. General Plan Polices
The requested zoning would be consistent with the goals, policies, and
P standards of the General Plan document.
For one, it would provide short-term economic opportunities largely through
the construction of the subdivision. Some limited longer-term opportunities
could be created, largely in the azea of maintenance of the private roads and
landscaping. The project should also 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 wind
patterns.
Ivfauitaining and improving the quahty of the environment is important to the
success of this project. The General Plan identifies five (5) areas of
environmental concerns -air pollution, water quality, soil pollution, solid
waste disposal, azid noise pollution. As proposed, the project would not be
violative of any of those objectives.
~ ~ Aside from vehicular r,~~~rn;ssion, air pollution associated with the project
should be negligible. Cesspools would not be used, and instead a septic
system or other alternative mdividual wastewater system meeting with the
State Department of Health will be used to address potential groundwater and
coastal water concerns. If requued, a solid waste nianagetnent plan could be
prepared and implemented. The project will also not be a noisy one, as
residents would come to this area to enjoy its tranquillity. Any noise-
generatmg facility -such as air conditioners - would be carefully placed to
minimise their noise impacts.
The site is designated Zone X, areas of minanal hazard. Nonetheless, m
m conjunction with the subdivision review process, a drainage system
will be developed and unplemented to address these concerns. This system
12
will be designed in a manner to protect the property as well as to m;n;mi~r the
volume of surface runoff generated by this development.
The site does not appear to have historic sites, as it has been cleazed in the
past for sugar cultivation and intermittently being used now for cattle grazing.
Nonetheless, work will cease if unanticipated azchaeological remains are
discovered during the construction of the project; and work will resume only
after proper clearartces from the State and/or County have been received.
' Being previously intensively used, the prospects of the site serving as a
habitat for rare or endangered plant or animal life appear remote.
The project will create additional houselots. It should help to diversity the
type of houselots in the region, while reducing pressures for the premature
conversion of the azea's better agricultural lands. In so doing, it would
itnplemeat the housing element ofthe General Plan.
The Plan also emphasizes that developments be mindful of an azea's natural
beauty. In this situation, the project will be designed in a rrwnnPr so as to
have it blend as much as possible with the existing terrain.
As the project site >s nearly 2 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 septic system, impacts to the
Coastal water will be minimised
There will be little unpact to public facilities. The wastewater system will be
private. The water system will be developed in a manner meeting with the
I ; requirements of the Department of Water Supply. Vehiculaz access to the site
' is already fully improved. Schools and other public facilities are also located
proximate to the site, most of them being less than 2 miles away.
Finally, in tetais of Land Use, the project would be consistent with the
LUPAG map. It would also be generally compatible with the surrounding
area The site is essentially bounded by RS-1 S zoning and/or lots. This lot
represents an "in-filling" of the RS-15 pattern in this azea.
C. Kohala CDP
The Kohala CDP suggests a Res 4 (4 units/acre) density The requested RS-
/5 zoning, although less than the maximum desired, still would be consistent
13
with those designations. The request would be fulfilling the land use concept
and objectives of this Plan.
D. Zoain¢ and Subdivision
The designated zoning of the site is A-20a. This would suggest one unit for
every twenty (20) acres of land. The project will still enable the creation of
one (1) 20-acre sized lots, with the balance (61ots) being subdivided into
15,000+ square foot lots.
The requirements of the zoning and subdivision codes would be complied,
including use and related development standazds.
E. State Land Use Urban Standards
As the requested area covers less than fifteen (1 S) acres, the request can be
processed by the County. Pursuant to the Planning Commission Rule No. 13,
the request must meet certain standards. These standards and their
justification follow
1. Conformity to the General Plan
The project's relationship and conformity are demonstrated in sections
, IX A and B above.
2. Relationship to State Land Use Urban District Standards
The State Land Use Commission's Rules provide the standards for
determining the Urban district boundaries (Section IS-IS-18). Their
relationship to this request aze noted as follows•
a. "City-Like" Characteristics
This azea is characterized by a concentration of people,
structures, streets, and urban level of sernces. There aze
muhitude of residential homes in this azea; commercial uses are
located within 1,000 feet of the site. There are also RS-IS
zoning and lots consistent with this zoning adjacent and across
of the subject site.
14
b. Factors of Urban Characteristics
The site is prozimate to centers of trading and employment.
It is less than two miles from the few sources ofemployment -
these being the towns of I{apaau and Hawi.
All of the related urban amenities and services such as
schools, parks, and protective services aze also located less
than 2 miles fmm the site. As such, basic goverimietital and
• ~ utility services are readily available to this area.
This reclassification will not necessarily resuh in providing a
sufficient urban reserve area for growth, as the applicant
intends to develop the property immediately. Further, the site
represents more of an "in-filling" and as such, would not realty
be suitable for a growth reserve area. Nonetheless, its
approval and development could make fringe properties more
suitable for reserves.
- c. Natural Aazards
Topographically, the site is suitable for development. It does
not have slopes in excess of 30 degree. The site has no known
unstable soil condition or floodways that traverse it.
It is outside of the tsunagil zone and >s not located within the
high volcanic hazard area. Although within Zone 4 of the
earthquake hazards. this is a category that applies islattdwide.
d. Contieuous to Urban Areas
As noted eazlier, the site is contiguous to urban areas on three
(3) sites -east, west, and north
e. Relationship to County Growth Plans
Ttus site does not represent the creation of a new urban
concentration, as the surrounding area >s already an urban lilce
environment. As such, this standard is iwt really applicable.
However, it is noted that the site and surrounding areas are
designated for expansion and growth on the appropriate county
plans and documents.
15
f. "Scatterization" Impact
As the site does conform to the standards descn'bed earlier,
standazd 6 does not apply.
Standard 7 relates to the potential creation of a "spot" zoning
and thereby increasing the need to extend public services at
considerable taxpayers' expense. In this situation, the area is
aheady developed and the subject site represents an "in-filling."
Its development should thus not result in the expansion or
extension of government sernces.
g. Slope oi'Property
'The slope of the site is less than twenty (20) percent. As such,
development of this site would not be violative of this
principle.
F. Hawaii State Plan
' The requested project would be consistent with pertinent policies and priority
guidelines of the Hawaii State Plan, as outlined in Chapter 226, HRS.
Specifically.
Relative to the pohcies on population, the project would be consistent with
the policy that would "encourage an increase in economic activities and
employment opportunities on the neighbor island consistent wrth community
needs and desires."
In the area of agriculture, there are several policies that would be pertinent.
These aze• ""Encourage agriculture by making best use of natural resources;"
and" assure the availabrhty of agnculturally sortable lands with adequate water
to accommodate present and future needs".
As noted earlier, ahhough this project will utilize a portion for urban uses, it
will nonetheless resuh in the provision of enhanced infi'astructure in the way
of access and water to the larger agriculturally zoned area. Further because of
the configuration of the entire parcel, the area of the proposed development is
also bounded by urban type of uses, while the remaining area would be
consistent with the larger agriculturally zoned parcels.
The project would also not be violative of the objectives and policies relating
to the physical environment -scenic, natural beauty, and historic
16
resources, Iaad, air, aad water quality as discussed eazlier in the discusston
on the project's compliance with the General Plan policies and State Land Use
Urban standazds.
As the project would have or be provided with the required infrastructure, it
would also be consistent with the policies and objectives for facility systems -
ia general, solid aad liquid waste, water, aad transportation. These
infrastructure are or will be made available by the applicant.
Finally, by providing additional houselots, the project would be consistent
with the housing goals and policies.
G. Coastal Zone Maoaaemeat Policies
In reviewing the project against the Special Management Area (SMA)
objectives, policies, and guidelines of County Planning Commission Rule No.
9 and Chapter 205A-2, HRS, the following Endings are noted:
1. Recreational Resources, Coastal Ecosystem, Coastal Hazards,
Beach Protection. Marine Resources
The project would not have any adverse unpacts to the recreational
resources of the azea. The site is not a coastal property and coastal
public access is not pertinent. Further, its distance is over 2 miles from
the shoreline, and all applicable wastewater requirements will be
complied wtth.
Accordingly, concerns relative to coastal recreational resources,
coastal ecosystem, and coastal hazards are not significant, if at alI.
2. Historical, SCea1C $od Open Space Resources
As the site was previously cultivated in sueaz cane, the likelihood of
Ending any archaeological features appeazs remote. Further, the site ~
not part ofany designated open space or natural beauty msource listed
in the County Generai Plan It wdl also not visually nnpact any of
those listed.
3. Economic Uses
The project will provide housing opportumttes for a few indivcduals
Housing is somewhat of a social infrastructure -like schools and
commututy services -that help Etcilitate any economic activities in an
17
area. Accordingly, this protect would be indirectly supportive of any
existing or planned economic activities in this area.
Further, by providing enhanced infrastructure in the way of water and
access system to the retraining agriculturally caned parcel, this project
could facilitate and/or encourage the more intensive agncultural use of
the larger "remnant" parcel.
It is thus concluded that the requests would:
a. Not have substantial adverse environmental or ecological
effect;
b. Be consistent with the objectives and policies of the coastal
mne management program and guidelines for SMA; and
c Be consistent with applicable plans, such as the General Plan
and Kohala CDP.
18
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO, HAWAII
DATE Au~§t`~'1, 2oooR~ 9 07
P COUNTY OF rNAJ~jANT
Memorondum
TO Virginia Goldstein, Planning Director
Planning Department
FROM Galen M. Kuba, Droision Chief
r Engineering Division
SUBJECT Change of Zone Application (REZ 00-12 )
State Land Use Boundary Amendment Application (SLU 00-009)
Applicant Peter Mesmer
Location• Puehuehu, North Kohala
TMK 3 / 5-4-2 006 (Por )
We reviewed the subject application and our comments are as follows
BUILDING
1 Buildings shall conform to all regwrements of code and statutes pertaining to
building construction
DRAINAGE
1 All development generated runoff shall be disposed of on-site and shall not be
directed toward any adjacent properties.
2 A drainage study shall be prepared, and the recommended drainage system shall
be constructed meeting with the approval of DPW
3 The applicant shall be informed that if they include drywells in the subject
development, an Underground Injection Control (UIC) permit may be regwred from
the Department of Health, State of Hawau
4 According to the the Flood Insurance Rate Map (FIRM) the parcel is designated
zone "X"
EXHIBIT
Memorandum to PD
August 31, 2000
Page 2 of 2
EARTHWORK
1 All earthwork and grading shall conform to Chapter 10, Erosion and Sediment
Control, of the Hawau County Code
2 The applicant should consult with the Natural Resources Conservation Service,
formally known as, Sod Conservation Service)
SOLID WASTE
1 Solid waste management shall conform to the rules and regulations of the DPW,
Solid Waste Dvision The developer shall prepare a solid waste management
plan
WASTEWATER
1 Wastewater disposal shall meet the rules and regulations of the Department of
Health
ROADWAYS
1 The Hawau Belt Highway, fronting the subject property, is under the ~unsdiction of
the Hawaii Department of Transportation (HDOT) Comments and requirements
concerning this road should be obtained from the HDOT
2 The applicant should construct the interior roadway to County dedicable
standards
Should there be any questions concerning this matter, please feel free to contact Kuan
Emler of our Kona Engineering Division office at 327-3530
KE
copy ENG-HILO
PLNG-KONA
CI r(i(~
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II 11
' DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII
Sri 0~~ 25 AUPUNI STREET HILO HAYlAII 96720
or xlrlll
TELEPHONE (608) 967 8660 FA% (BOB) 961 8657
September 19, 2000
~ :1'
~9
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~ ~
TO Ms Virginia K Goldstein, Planning Director C J , ~
Planning Department ~ ~
~ ~
•>_1i 6'
FRO;VI Melton D Pavao, Manager ~~Z
SUBJECT: 'STATE LAND USE BOUNDARY AMENDbIENT APPLICATION (SLU 00-009)
REQUEST: AGRICULTURAL TO URBAN
CHANGE OF ZONE APPLICATION (REZ 00-012)
REQUEST: AGRICULTURAL (A-20a) TO SINGLE FAMILY
RESIDENTIAL (RS-15)
APPLICANT -PETER MESSMER
TAX MAP KEY: 5-4-002:PORTION OF 006
~Ve have reviewed the subject applications for the proposed State land use boundary amendment and
change of zone and have the following comments
Water can be made available from an exis4ng 8-inch w•aterlme along Akom Pule Highway fronting the
property Rater availability conditions are such that six additional units of water can be made available for
the proposed applications While the existing parcel is supposed to have an existing water service, w•e are
unable to verify that Regardless, water is available for the existing parcel
Pursuant to the Department's "Water Commitment Guidelines Policy;' a copy of which is being forwarded
to the applicant, a water commitment may be issued Based on the six additional lots that are requested in
the proposed change of zone application, the required water commitment deposit is $900 00
Remittance of $900 00 from the applicant is requested as soon as possible so that a water commitment may
be formally issued The commitment will be m venting 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 depending on the water
situation
upon the issuance of a formal water commitment, we shall submit our comments and requirements for
tentative subdivision approval
For the applicant's Information, should the subject State land use boundary amendment and change of zone
be approved and a subdivision application executed, final approval will be subject to the following
regwrements
E X I~I I B I T dLl~ _
Ms Vtrgmta K Goldstein, Planning Director
Page 2
September 19, 2000
I Construct necessary water system improvements, which shall include, but not be Itmrted to
a a water main, w•rthm the proposed 50-foot-wide access and utility easement, capable of
deltvertng water at adequate pressure and volume under both peak-flow and fire-flow
conditions, minimum diameter of mains shall be 6 inches,
b service laterals that will accommodate a 5/8-inch meter to the existing lot as well as each of
the six additional lots, and
c fire hydrants spaced not more than 600 feet apart
Submit installation plans prepared by a professional engineer, architect, or land surveyor, regtstered
m the State of Hawan, for review and approval
2 Remit the prevailing facilities charge, vvhtch is subject to change, of $20,250 00 Thts is due and
payable upon completion of the construction of the water system improvements and prior to final
subdivision approval being granted
3 Submit the appropriate documents, properly prepared and executed, to convey the water system
improvements and necessary easements to the Water Commission of the County of Hawatt A
regtstered land surveyor shall stamp and certify the metes and bounds description within the
conveyance documents Prior to water meter services being granted to the development, or any of
the lots within, the conveyance documents shall be accepted by the Water Commission and
approved by Corporation Counsel
4 Comply wrth all other applicable policies and requirements of [he Department's Rules and
Regulations Noncompliance may be cause for voiding this water commitment, at which ume
availability will be sub~ec[ to change m accordance wrth the prevailing water system condmons,
policies, and Rules and Regulations
Should there be any gttesttons, please call our Water Resources and Planning Branch at 961-866
Sincerely yours,
hLlton D Pavao, P E
Manaeer
BCi`4 ems
copy - (.v%att) Mr Peter Messmer
(~c~o att) VIr Sidney Ful.e
u, ¦ut~
r.
i
rte. .u
DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII
o~
25 AUPUVI STREET HILO R.YlAII 96]2.9
TE LEPHOYE 9031 9ei 3560 rFX id'J9) 96' 965:
October 2000
G~
A
Vlr Peter Viessmer
G 6'
P O Box 1167 O 2
Kapaau, HI 96765 ,,c
C~ c~
PAYMENT OF WATER COMMITMENT DEPOSIT FOR y;-'- ~
~S`TATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 00-009)
CHANGE OF ZONE APPLICATION (REZ 00-012)
TAX hIAP KEY: 5-4-002:PORTION OF 006
This is to acknowledge receipt of the required 5900 00 water commitment deposit for the subject
application We are enclosing receipt No 214868 for your files
In accordance with the Department's lf~oter Commrtment Gurdelrnes Polrcy, a water commitment for
the proposed development in the amount of 3,600 gallons per day or six additional units of water at
600 gallons per day per unit is hereby granted until September 30, 2003 with the following conditions-
I Construct necessary water system improvements, which shall include, but not be limited [o•
a a water main, within the proposed 50-foot-wide access and utility easement, capable of
delivering water at adequate pressure and volume under both peak-flow and fire-flow
conditions, minimum diameter of mains shall be 6 inches,
b sen~ice laterals that will accommodate a 5/8-inch meter to the existing lot as well as
each of the six additional lots, and
c fire hydrants spaced not more than 600 feet apart
Submit installation plans prepared by a professional engineer, architect, or land surveyor,
registered m the State of Hawau, for review and approval
2 Remit the prevatlmg Facilities charge balance, which is subject to change, of 319,350 00 This
is due and payable upon completion of the construction of the water system improvements and
prior to final subdivision approval being granted
Fur your information, the total Iacilrttes charge requirement, which is aib~ect to change, is
3'_0,250 00 However, the total water commitment deposit paid to date is 5900 00 Water
commitment deposits are credited towards the final facihues char_e requirement for the
dz~elopmen[
• _
~ 1,... . ~ ,
iVir Pzter ~tessnrer
Paee'_
October 2000
The amounts discussed in the preceding two paragraphs were determined as follows
Facihues Charge (subject to change)
One 1 servue for existing parcel at $563 00 each (Previously paid) $ 0 00
Sir additional services at 53.375 00 each + 20.250 00
Total 20,250 00
Water Commitment Deposits Patd to Date 900 00
Facilities Chazge Balance Due as of September 2000 (subject to change) $ 19,350.00
Vote 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. With this
understanding, the current facilities chazge balance is $19,350 00
3 Submit the appropnate documents, properly prepazed and executed, to convey the water system
improvements and necessary easements to the Water Commission of the County of Hawaii. A
registered land surveyor shall stamp and certify the metes and bounds descnption within the
conveyance documents Prior to water meter services being granted to the development, or any
of the lots within, the conveyance documents shall be accepted by the Water Commission and
approved by Corporation Counsel
4 Comply with all other applicable pohcies and regwrements of the Department's Rules and
Regulations Noncompliance may be cause for voiding this water commitment, at which time
avatlability will be subject to change in accordance with the prevailing water system
conditions, policies, and Rules and Regulations
Should there be any questions, please call our Water Resources and Planning Branch at 961-8665
Sincerely yours,
I
r Milto~ avao. P E
r liana er
BC~1 gins ~
Enc
copy - Plannm~, Depanment
Castomer Service Seniors (Hilo and Waimea)
\Ir Srl~~•. Fa!.~
~a'N~~•~"•~, Edward Bumatay
1Km
Stephen K. Yamashiro
Mayor Rune] M. Mlyao
• Deputy Fire Ch1eJ
O! N
LIIltrtt~ (71 ~~T~lItXTi
FIRE DEPARTMENT ~O 1'
777 Rllauea Avenue • Mall Lane, Room 6 • Hllo, Hawell 96720.4239 A
(808( 961-8297 • Fu (808( 961 8296 ~G
September 13, 2000 ?
~ 3
G
Win' ~
s
To Virginia Goldstein, Planning Director y
From: Edward Bumatay, Fire Chief
SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION
(SLU 00-009)
REQUEST: AGRICULTURAL TO URBAN
CHANGE OF ZONE APPLICATION (REZ 00-012)
REQUEST. AGRICULTURAL (A-20a) TO SINGLE-FAMILY
RESIDENTIAL (RS-15)
APPLICANT: PETER MESSMER
TAX MAP KEY: 5-4-Ol:POkTION OF 6
Fire apparatus access roads shall be in accordance with UFC
Section 10.207:
"Fire Apparatus Access Roads
"Sec. 10.207. (a) General. Fire apparatus access roads
shall be provided and maintained in accordance with the
provisions of this section
"(b) Where Required. Fire apparatus access roads shall be
required for every building hereafter constructed when any
portion of an exterior wall of the first story is located
more than 150 feet from fire department vehicle access as
measured by an unobstructed route around the exterior of the
building.
"EXCEPTIONS: 1. When buildings are completely
protected •v:lth an approved automatic fire sprinkler
system, the provisions of this section -nay be modified.
P- ~
EXHIBIT ~ ~'~'3`
~,-r~f ~REO~;I
To• Virginia Goldstein, Planning Director
Page 2
September 13, 2000
"2 When access roadways cannot be installed due to
topography, waterways, nonnegotiable grades or other
similar conditions, the chief may require additional
fire protection as specified in Section 10.301 (b).
"3 When there are not more than two Group R, Division
3 or Group M Occupancies, the requirements of this
section may be modified, provided, in the opinion of
the chief, fire-fighting or rescue operations would not
be impaired.
"More than one fire apparatus road may be required when it is
determined by the chief that access by a single road may be
impaired by vehicle congestion, condition of terrain,
climatic conditions or other factors that could limit access.
"For high-piled combustible storage, see Section 81.109.
"(c) Width. The unobstructed width of a fire apparatus
access road shall meet the requirements of the appropriate
county jurisdiction.
"(d) Vertical Clearance. Fire apparatus access roads shall
have an unobstructed vertical clearance of not less than 13
feet 6 inches.
"EXCEPTION: Upon approval vertical clearance may be
reduced, provided such reduction does not impair access
by fire apparatus and approved signs are installed and
maintained indicating the established vertical
clearance
"(e) Permissible Modifications. Vertical clearances or
widths required by this section may be increased when, in the
opinion of the chief, vertical clearances or widths are not
adequate to provide fire apparatus access.
"(f) Surface. Fire apparatus access roads shall be designed
and maintained to support the imposed loads of fire apparatus
and shall be provided with a surface so as to provide all-
weather driving capabilities (20 tons)
"(g) Turning Radius. The turning radius of a fire appara*_us
access read shall be as approved by the chief " (45 feet)
"(h) Turnarounds. All dead-end fire apparatus access roads
in excess of 150 feet in length shall be provided with
approved provisions for the turning around of fire apparatus.
To• Virginia Goldstein, Planning Director
Page 3
September 13, 2000
"(i) Bridges. When a bridge is required to be used as
access under this section, it shall be constructed and
maintained in accordance with the applicable sections of the
Building Code and using designed live loading sufficient to
carry the imposed loads of fire apparatus
Grade. The gradient for a fire apparatus access road
shall not exceed the maximum approved by the chief." (15%)
"(k) Obstruction. The required width of any fire apparatus
access road shall not be obstructed in any manner, including
parking of vehicles. Minimum required widths and clearances
established under this section shall be maintained at all
times
"(1) Signs. When required by the fire chief, approved signs
or other approved notices shall be provided and maintained
for fire apparatus access roads to identify such roads and
prohibit the obstruction thereof or both."
Water supply shall be in accordance with UFC Sect.on 10 301:
"Sec. 10.301. (a) Type Required. The chief shall designate
the type and number of fire appliances to be installed and
maintained in and upon all buildings and premises in the
jurisdiction other than private dwellings. This shall be
done according to the relative severity of probable fire,
including the rapidity with which it may spread. Such
appliances shall be of a type suitable for the probable class
of fire associated with such building or premises and shall
have approval of the chief
"(b) Special Hazards. In occupancies of an especially
hazardous nature or where special hazards exist in addition
to the normal hazard of the occupancy, or where access for
fire apparatus is unduly difficult, additional safeguards may
be required consisting of additional fire appliance units,
more than one type of appliance, or special systems suitable
for the protection of the hazard involved Such devices or
appliances may consist of automatic fire alarm systems,
automatic sprinkler or water spray systems, standpipe and
hose, fixed or portable fire extinguishers, suitable asbestos
blankets, breathing apparatus, manual or automatic covers,
carbon dioxide, foam, halogenated and dry chemical or other
special fire-extinguishing systems. Where such systems are
installed, they shall be in accordance with the applicable
Uniform Fire Code Star_dards or standards of the National Sire
Protection Association when Ur_~form Fire Code Standards do
nog apply
To Virginia Goldstein, Planning Director
Page 4
September 13, 2000
"(c) Water Supply. An approved water supply capable of
supplying required fire flcw for fire protection shall be
provided to all premises upon which buildings or portions of
buildings are hereafter constructed, in accordance with the
respective county water requirements. There shall be
provided, when required by the chief, on-site fire hydrants
and mains capable of supplying the required fire flow.
"Water supply may consist of reservoirs, pressure tanks,
elevated tanks, water mains or other fixed systems capable of
providing the required fire flow.
"The location, number and type of fire hydrants connected to
a water supply capable of delivering the required fire flow
shall be protected as set forth by the respective county
water requirements All hydrants shall be accessible to the
fire department apparatus by roadways meeting the
requirements of Section 10 207.
"(d) Fire Hydrant Markers. When required by the chief,
hydrant locations shall be identified by the installation of
reflective markers.
"(e) Timing of Installation. When fire protection
facilities are to be installed by the developer, such
facilities including all surface access roads shall be
installed and made serviceable prior to and during the time
of construction When alternate methods of protection, as
approved by the chief, are provided, the above may be
modified or waived.
"(f) All fire alarm systems, fire hydrant systems, fire
extinguishing systems (including automatic sprinklers), Class
I, II, III (combination standpipe system) and combined
systems, basement inlet pipes, and other fire protection
systems and appurtenances thereto shall meet the approval of
the fire department as to installation and location and shall
be subject to periodic tests as required herein. Plans and
specifications shall be submitted to the fire department for
review and approval prior to installation."
G
EDP7AR 3 TAY
Fire ..hief
EB/mo /
SldneyFuke, Planning Consultant
100 Pauahi Street Suite 272 • Hdo, Hawau 96720 • Fl3rmng • Vanance • Zcm,
Tzlephone (808) 969-1522 • Fax (808) 969-7996 • Subd~vison • Land Use F...
(J~ 1 • Env~ronmerlal Repcris
,..p0 2~ _ ;.•TvrNS
September 27, 2U00 Nlrv~y ~A.;~r;;l
P
CCLNZY ~r
Ivis Virgwa Goldstem, Director
Planning Department
COUNTY" OF HAWr1II
25 lupum Street
Hilo, HI 96720
Dear Nis Goldstem
Subject: '~SLU (SLU 00-009) and Rezoning (REZ 00-012) Requests
Peter Messmer, TMK: 5-04-002: Portion of 6
Thank you very much for providing me with a copy of the Fie Department's
comments regazdmg the subject matter In response to this comment, please be informed that
pertinent requirements ofthe Fire Department will be complied with during the subdivision
(particulazly water requirements) and subsequently durmg building permit processes. The
applicant - as the subdivider -will tend to the fire requirements relative to the subdivision
The respective lot owners will be responsible for other requirements durmg the building
permit process
We trust that the foregoing adequately respond the comment If not or if there are
more, please let me know Thank you very much
S cerely,
SIDNEY M~}xi;
Plaruung Consultant
cc Fie Department
Mr. Peter Messmer