HomeMy WebLinkAboutCOM 0253.000 2000-2002 NtV Oi,N~
Harry Kim Dixie Kaetsu
Mayor Managing Director
' • ~ Peter T. Young
''~y~... N'O~'~P,`
or Deputy Managing Director
~®11~1t~ ~ ~~T~1~
25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-821 l • Fax (808) 961-6553
KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740
(808)329-5226 • Fax (808)326-5663
June 6, 2001
Honorable James Y. Arakaki, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Arakaki and Members:
State Land Use Boundary Amendment Application (SLU 01-002)
Request: Agricultural to Rural
Change of Zone Application (REZ 01-004)
Request: Agricultural (A-3a) to Residential and Agricultural (RA-.Sa)
Applicant: Imamura Family, et al.
Tax Map
Kev• 2-4-30;4
As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the
County Council's consideration and action is the Planning Commission's letter and enclosures
regarding the above-referenced requests.
Sincerely,
Harry Kim
Mayor
L051401
EnclOSUreS
cc: Planning Department
Gomm.. No. _
File No.
Ref. To: _
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Harry Kim ~°',c..- ~~e;
Mayor
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PLANNING COA~IlVIISSION
25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252
(808)961-8288 • Fax (808)961-8742
7
~.,1'jti
Honorable James Y. Arakaki, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Arakaki and Members:
State Land Use Boundary Amendment Application (SLU 01-002)
Request: Agricultural to Rural
Change of Zone Application (REZ 01-004)
Request: Agricultural (A-3a) to Residential and Agricultural (RA-.Sa)
Applicant: Imamura Family, et al.
Tax Ma~Key: 2-4-30:4
The Planning Commission, after a duly held public hearing on May 14, 2001, voted to
recommend for your approval the proposed legislative bills for a State Land Use Boundary
Amendment from the Agricultural to Rural District and a Change of Zone changing the district
classification from Agricultural (A-3a) to Residential-Agricultural (RA-.Sa) for approximately
3.00 acres of land. The property is located along Ainalako Road approximately 205 feet south of
its intersection with Leimamo Street, Waiakea Homesteads, South Hilo, Hawaii.
The Commission concurs with the following findings as recommended by the Planning Director:
State Land Use Boundary Anaendinent
The Imamura Family is requesting to reclassify the subject property from the
State Land Use Agricultural to the Rural District in order to subdivide the subject parcel
into six lots not less than .5 acre in size for family members. There are two existing
dwellings on the subject parcel, one of which is an approved ohana dwelling. The
applicants propose to incorporate the existing dwellings into the proposed subdivision.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
There is also a Change of Zone Application to reclassify the subject property from
Agricultural (A-3a) to Residential and Agricultural (RA-.Sa) for the subject property that
is being processed concurrently.
The approval of the reclassification from the State Land Use Agricultural to the
Rural District will not be violative of Section 205-2, Chapter 205, Hawaii Revised
Statutes, nor will it be inconsistent with the Land Use Commission Rules, the Rule 13 of
the Planning Commission Rules of Practice and Procedures, the County General Plan and
the Hawaii State Plan. According to the Hawaii Land Use Commission Rules, the
following three standards shall apply when determining an area for the Rural district:
(1) Areas consisting of small farms; provided that the areas need not be included in
this district if their inclusion will alter the general characteristics of the areas;
(2) Activities or uses as characterized by low-density residential lots of not less than
one-half acre and a density of not more than one single-family dwelling, per
one-half acre in areas where "city-like" concentration of people, structures, streets,
and urban level of services are absent, and where small farms are intermixed with
the low-density residential lots; and
(3) Generally, parcels of land not more than five acres; provided it may include other
parcels of land which are surrounded by, or contiguous to this district, and are not
suited to low-density residential uses for small farm or agricultural uses.
The subject property and immediate surrounding lands include scattered dwellings
and agricultural uses and/or vacant lands approximately 3-50 acres in size that are zoned
Agricultural (A-la, A-2a, A-3a & A-20a) and located within the State's Agricultural
district. This is with the exception of the Sportman's Paradise Subdivision which is in
the State Land Use Urban District and includes nonconforming lots ranging in size from
approximately 12,000-15,000 square feet and zoned A-la.
Section 15-15-27 of the Hawaii Land Use Commission Rules determines the
Permissible uses within the Rural district. This states: "(a) Permissible uses within the
rural district shall include the following activities: (1) All uses permitted under section
15-15-25 relating to agricultural uses and those uses that are compatible within the
agricultural district; (2) Low-density residential uses with a minimum lot size of
one-half acre. The commission for good cause may allow one lot of less than one-half
acre, but not less than 18,500 square feet, or an equivalent residential density, provided
all other lots in the subdivision have the minimum lot size of one-half acre. A petition for
variance may be processed under the special permit procedure pursuant to subchapter 12.
This exception shall apply to lots of record existing prior to January 1, 1977, and of not
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 3
more than two acres. There shall be no more than one single-family dwelling per
one-half acre, except as may be provided for in this section."
The proposed boundary amendment is for smaller lots that are compatible with
the Rural designation. The applicants have stated that the 3-acre parcel will be
subdivided into six (6) lots not less than .5 acre each for family members. Thus, the
requested boundary amendment would be in the direction of fulfilling the permissible
uses of the rural designation.
The proposed Rural boundary amendment request would be consistent with the
Land Use Element of the General Plan. Land Use is one of the principal focal points of
public concern and policy. The Land Use Element provides the primary basis for direct
control and guidance of publicly and privately 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 services, industry, agriculture 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:
* Designate and allocate land uses in appropriate proportions and mix and in
keeping with 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 public utilities and facilities.
* Promote and encourage the rehabilitation and use of urban and rural areas which
are serviced by basic community facilities and utilities.
* Allocate appropriate requested zoning in accordance with the existing or projected
needs of neighborhood, community, region and County.
* The County shall encourage the development and maintenance of communities
meeting the needs of its residents in balance with the physical and social
environment.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 4
The proposed Rural boundary amendment request would also complement the
following goals, policies and standards of the Housing and Single Family Residential
Elements of the General Plan.
* Attain safe, sanitary, and livable housing for the residents of the County of
Hawaii.
* Attain a diversity of socio-economic housing mix throughout the different parts of
the County.
* Maintain a housing supply which allows a variety of choice.
* Develop better places to live in Hawaii County by creating viable communities
with decent housing and suitable living environments for our people.
* Improve and maintain the quality and affordability of the existing housing stock.
* Seek sufficient production of new affordable rental and fee-simple housing in the
County in a variety of sizes to satisfactorily accommodate the needs and desires of
families and individuals.
* Ensure that housing is available to all persons regardless of age, sex, marital
status, ethnic background, and income.
* The County shall encourage a volume of construction and rehabilitation of
housing sufficient to meet growth needs and correct existing deficiencies.
* The County shall protect residential property values from depreciating influences.
Single-Family Residential
* To maximize choices of single-family residential lots and/or housing for residents
of the County.
* To ensure compatible uses within and adjacent to single-family residential zoned
areas.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 5
* To provide single-family residential areas conveniently located to public and
private services, shopping, other community activities and convenient access to
employment centers.
* The County shall incorporate reasonable flexibility in codes and ordinances to
achieve adiversity of socio- economic housing mix and to permit aesthetic
balance between single-family residential structures and open spaces.
* Rural-style residential-agricultural developments, such as new small scale rural
communities or extensions of existing rural communities, shall be encouraged in
appropriate locations.
* The County shall review and amend if necessary land use ordinances and codes to
include considerations for rural-style residential subdivisions in appropriate
locations. Standards and criteria for the establishment of these areas shall be
developed.
The proposed Rural boundary request also conforms to the Land Use Pattern
Allocation Guide (LUPAG) Map which designates the area Low Density Urban. The
Low Density Urban designation would allow for single family residential and ancillary
community and public uses, and convenience type commercial uses. The property is
located along the fringe of the Low Density Urban area and adjacent to lands within the
Extensive Agricultural designation. The area includes a mix of residential and
agricultural activities. Along Ainalako Road, the lots are relatively large and range in
size from approximately 3-50 acres. The Rural designation would allow smaller than one
acre lots that are not bound by the Agricultural District requirements for farm dwellings.
The area however, reflects the transitional nature of the area from farming and cattle
grazing to residential-agricultural uses. All of the lands mauka of the subject property
along Ainalako Road are still relatively large lands in Agricultural zoning designations.
At this time, it is believed that the Rural designation would be more appropriate than an
Urban designation. It is therefore determined that the request is consistent with the rural,
low-density form depicted on the LUPAG Map for this area of Waiakea Homesteads.
Based on the above findings, including the General Plan's goals and policies, the granting
of the Rural boundary amendment would complement and implement the General Plan.
All utilities and services are available to the property, which are essential to
accommodate rural development. Access to the property is from Ainaola Drive onto
Ainalako Road which has an approximate 16-foot pavement within a 50-foot
right-of--way. The subject property is located approximately 1,400 feet south of the
Ainaola Drive/Ainalako Road intersection. Water is provided by an 8-inch County water
line, which fronts the subject property. According to the Department of Health, the
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 6
property is situated within the Critical Wastewater Disposal Area and therefore, the
applicants would be required to dispose wastewater into a septic tank system. Electrical
and telephone services are available to the property.
The property 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 property as Zone
"X." The property is classified by the Agricultural Lands of Importance to the State of
Hawaii (ALISH) System as Other Important Lands. Soils within the subject property are
classified as "C" (Fair) for agricultural productivity by the Land Study Bureau. The
surrounding properties are also zoned Agricultural by the County, and within the State
Land Use Agricultural district.
Furthermore, a Rural classification would complement the existing and immediate
future residential-agricultural land use patterns of the surrounding properties.
Finally, it should be noted that the reclassification action would also conform to
the following goals, objectives and/or policies articulated in the Hawaii State Plan
relating to Socio-cultural advancement -Housing objectives and policies:
(a) Planning for the State's Socio-cultural advancement with regard to housing shall
be directed towards achievement of the following objectives:
(1) Greater opportunities for Hawaii's people to secure reasonably priced,
safe, sanitary, livable homes located in suitable environments that
satisfactorily 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 objectives, it shall be the policy of this state to:
(1) Effectively accommodate the housing needs of Hawaii'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 in terms of
quality, location, cost, densities, style, and size of housing.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 7
(4) Promote design and location of housing developments taking into account
the physical setting, accessibility to public facilities and services, and
other concerns of existing communities and surrounding areas.
(5) Foster a variety of lifestyles traditional to Hawaii through the design and
maintenance of neighborhoods that reflect the cultures and values of the
community.
Based on the above, the approval of the State Land Use Boundary Amendment
from the Agricultural to the Rural District complements the State Land Use Regulations
and is supportive of the State of Hawaii Plan and the County of Hawaii General Plan.
Change of Zoaae
The Imamura Family is requesting a change of zone from Agricultural (A-3a) to
Residential and Agricultural (RA-.Sa) in order to subdivide the subject property into six
(6) one-half acre lots for family members. There are two existing dwellings on the
subject parcel, one of which is an approved ohana dwelling. The applicants propose to
incorporate the existing dwellings into the proposed subdivision. There is also a request
for a State Land Use Boundary Amendment from Agricultural to Rural that is
concurrently being processed for the subject property.
In order to consider an area for any type of zoning designation, the applicable
goals, policies and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must also be considered as they may have an impact on similar areas in the
County.
The Change of Zone Application from Agricultural (A-3a) to a Residential and
Agricultural (RA-.Sa) zoned district will conform to the following goals, policies and
standards of the General Plan Land Use, Housing, and Single Family Residential
Elements. Land Use is one of the principal focal points of public concern and policy.
The Land Use Element provides the primary basis for direct control and guidance of
publicly and privately owned resources. The General Plan is 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 services, industry, agriculture and open space, and to coordinate these uses
with the County's service and circulation systems. The overall Land Use goals, policies
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 8
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:
L.~~I~
* Designate and allocate land uses in appropriate proportions and mix and in
keeping with 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 public utilities and facilities.
* Allocate appropriate requested zoning in accordance with the existing or projected
needs of neighborhood, community, region and County.
* Rural-style residential-agricultural developments, such as new small-scale rural
communities or extensions of existing rural communities, shall be encouraged in
appropriate locations.
* The County shall encourage the development and maintenance of communities
meeting the needs of its residents in balance with the physical and social
environment.
The proposed change of zone request would also complement the following goals,
policies and standards of the Housing and Single Family Residential Elements of the
General Plan:
usin
* Attain safe, sanitary, and livable housing for the residents of the County of
Hawaii.
* Develop better places to live in Hawaii County by creating viable communities
with decent housing and suitable living environments for our people.
Sin~le®Fc~.r~ily Residential
* To maximize choices ofsingle-family residential lots and/or housing for residents
of the County.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 9
* To provide single-family residential areas conveniently located to public and
private services, shopping, other community activities and convenient access to
employment centers.
* Rural-style residential-agricultural developments, such as new small scale rural
communities or extensions of existing rural communities, shall be encouraged in
appropriate locations.
* The County shall review and amend if necessary land use ordinances and codes to
include considerations for rural-style residential subdivisions in appropriate
locations. Standards and criteria for the establishment of these areas shall be
developed.
The Land Use Pattern Allocation Guide (LUPAG) Map component of the General
Plan is a representation of the document's goals and policies to guide the coordinated
growth and development of the County. It reflects a graphic depiction of the physical
relationship among the various land uses. The LUPAG Map establishes the basic urban
and non-urban form for areas within the County. The subject property is designated Low
Density Urban. This designation includes uses that are single family residential in
character, ancillary community and public uses, and convenience type commercial uses.
Neighboring properties are a mix of residential and agricultural activities and are still
relatively large lots ranging in size from about approximately 3 to 50 acres and zoned
Agricultural (A-1 a, A-2a, A-3a & A-20a). Approval of this request would allow for the
continuation of existing residential-agricultural uses. It is therefore determined that the
request is consistent with the low-density form depicted on the LUPAG Map. The
applicant is concurrently applying for a State Land Use Boundary Amendment from
Agricultural to Rural, which is also in conformance with the Low Density Urban
designation under the General Plan LUPAG Map.
Active agricultural activity has taken place on the subject property through
macadamia and lychee orchards. The subject property is comprised of soils classified by
the U.S. Department of Agriculture Soil and Conservation Services as Olaa extremely
silty clay loam, 6 to 20 percent slopes (OID). The surface layer is very dark brown 6
inches thick. Permeability is rapid, runoff is slow, and the erosion hazard is slight. These
soils are used for sugarcane. Soils within the subject property have been classified as "C"
or Fair for agricultural productivity by the Land Study Bureau's Detailed Land
Classification System. Finally, soils within the subject property are classified as Other
Important Lands by the Agricultural Lands of Importance to the State of Hawaii (ALISH)
system.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 10
Surrounding lands are zoned Agricultural (A-la, A-2a, A-3a & A-20a) and
located within the State's Agricultural District. There are dwellings immediately
surrounding the property with active agricultural activity. The requested RA designation
provides for activities or uses characterized by low density residential lots in rural areas
where "city-like" concentrations of people, structures, streets, and urban level of services
are absent, and where small farms are intermixed with low density residential lots. The
RA district is intended to be only within areas designated as State Land Use Rural or
Urban. In this particular area, along Ainalako Road and further south, the area is zoned
Agricultural with lots ranging in size from about 3 - 50 acres. It is relatively rural in
nature and a rural designation would be an appropriate transitional designation. Although
there are some residential zoned pockets within the Urban district along Ainaola Road
heading toward Kupulau Road; this movement of urbanization is moving westward,
whereas Ainalako Road moves in a southerly direction. Therefore, a favorable
recommendation of this change of zone request as RA-.Sa would be consistent with the
existing land use pattern established within this portion of Hilo.
All utilities and services are available to the site. The primary access to the
property is from Ainaola Drive onto Ainalako Road, which has an approximately 16-foot
wide pavement within a 50-foot right-of--way. A future road widening is proposed for
Ainalako Road, which would result in a 60-foot right-of--way. This would require an
additional 5 feet to be reserved along the frontage of the subject property for future road
widening. There is an existing 8-inch water meter serving two existing dwellings on the
property. The Hilo Police Station is 4 miles from the site, and the Fire Station is located
on Kawailani Street, approximately 1.5 miles from the property. All other essential
utilities and services are available to the site.
The project has no severe geological or topographical problem which cannot be
property rectified or which would render the land unusable. The topography of the site is
level. The property is designated as Flood Zone "X" (outside of the 100-year flood area)
on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management
Agency (FEMA).
Finally, because the subject property and surrounding areas have been previously
grazed by cattle and extensively cleared for agricultural uses, it is not anticipated that
endangered or threatened candidate species of flora or fauna are located within the subject
property, nor has the area been identified as a significant botanical or biological habitat.
Further, as no valued cultural, historical or native resources nor any traditional and
customary native Hawaiian rights were practiced in the area, it is also not anticipated that
the proposed request will have any adverse impact on cultural or historical resources in
the area.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 11
Based on the above findings, approval of the Change of Zone request from
Agricultural (A-3a) to a Residential and Agricultural (RA-.Sa) zoned district would result
in an appropriate land use pattern that will further the public convenience, necessity and
general welfare.
For your favorable consideration, amendments to the State Land Use Boundaries Map H-66 for
the County of Hawaii and Section 25-8-32 (City of Hilo Zone Map) of Chapter 25 Zoning Code
of the Hawaii County Code are transmitted.
We are enclosing a copy of the staff background for your information.
Sincerely,
~ ;p ~1
C~
f°f Geraldine M. Giffin, Chairman
Planning Commission
Limamura02PC
Enclosures
cc: Steven S. C. Lim, Esq.
Department of Water Supply
Department of Public Works
Brian Minaai/DOT-Highways,Honolulu
State Land Use Commission
Blmamura0l skg-5/1 /01
COUNTY OF HAWAII PLANNING DEPAlaTMENT
B.A~~GItOUND Id.EPOIZT
IMAMURA FAMILY, ETAL.
STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 01-002)
CIIANGE QF ZONE APPLICATION (REZ 01-004)
TIIE IMAMURA FAMILY, ETAL. has submitted applications for a State Land Use
Boundary Amendment from Agricultural to Rural District and a Change of Zone by changing the
district classification from Agricultural (A-3) to Residential and Agricultural (RA-.Sa) for
approximately 3.00 acres of land. The property is located along Ainalako Road approximately
205 feet south of its intersection with Leimano Street, Waiakea Homesteads, South Hilo, Hawaii,
TMK: 2-4-30: 4.
GEN~FRAL INFORMATION
1. Land Ownership: Individual members of the Imamura Family are the fee owners of the
subject property, who include Tsuneko Imamura, Clifford S. Imamura, Esther T.
Imamura, Clarence T. Imamura and Susan F. Decleene. All of whom have given their
permission to process the applications.
PROPOSED DEVELOPMENT
2. Request: The applicants are proposing to change the existing State Land Use
Agricultural designation to Rural and district classification from Agricultural (A-3a) to
Residential and Agricultural (RA-.Sa) for approximately 3.00 acres of land.
3. Objectives: The applicants are proposing to create asix-lot family residential
subdivision consisting of lots not less than .50 acres each. The applicants intend to
subdivide the property as soon as the necessary approvals are secured. The existing two
dwellings will be incorporated into the subdivision design. Future development will be
dependent on when each family member is able to secure the necessary financing.
4. Supportive Information: The applicants have submitted the following in support of the
request: (See Exhibit A -Excerpts fro>rn State Land Use Boundary Aynendinent and
Change of Zone Applications)
-1-
STATE AND CO>~JNTY PLANS
5. SLU: Agricultural. Note that the request for the Rural District designation would allow
smaller than one acre lots that are not bound by the Agricultural District requirements
for farm dwellings.
6. GP Consistency: Economic, Housing, Land Use Residential Elements goals, policies
and courses of action.
7. GP LUPAG Map: Low Density Urban. This designation allows for single family
residential, ancillary community and public uses, and convenience-type commercial uses.
The subdivision is located at the fringe of the Low Density Urban area, and which is
contiguous to an area designated Extensive Agricultural.
8. County Zoning: Agricultural (A-3a).
9. Iiawaii State Plan Consistency: Economy, Socio-Cultural Advancement (Housing)
objectives and policies.
10. SMA: The property is not situated within the Special Management Area and is
approximately five miles mauka from the shoreline.
11. lFiilo Community Development Plan: The Plan designates the parcel for A-3a zoning.
However, the property is located in an area that is recommended for residential
expansion.
DESCRIPTION OF SUBJECT PROPERTY AND $~OiJ~1DING AREA
12. Property: The subject property is a rectangular shaped and approximately 3 acres in size
with two existing dwellings. It was originally part of a larger 10 acre lot that was
subdivided out in 1976. According to Real Property Tax Division records, the main
dwelling was constructed in 1950. In 1984, an ohana dwelling permit was secured from
the Planning Director, however, the applicants did not construct the dwelling within the
required two-year timeframe, thereby voiding the permit. Subsequently, a new ohana
dwelling permit was applied for and approved in 1987 (OD87-136) and constructed in
1988. A farm dwelling agreement for the Ohana dwelling was also recorded by the
Bureau of Conveyances on November 28, 1988. The property was a former truck farm
established in the 1940s. Currently, there are litchee and macadamia nut trees with some
-2-
i
pineapples, bananas, citrus, guava and avocado trees. Anthuriums are grown under
hapuus and litchee trees.
13. Surrounding Zoning/Land Uses: Immediately adjacent to the north (makai) is the
Sportman's Paradise Subdivision (Sub. No. 1675) which secured Final Subdivision
Approval in 1961 for 103 lots. The lots range range from about 12,000 - 15,000 ± square
feet in size with scattered dwellings. These non-conforming lots are zoned A-la and
were subject to a boundary amendment from Agricultural to Urban initiated by the State
Land Use Commission in 1971. This Urban pocket is surrounded by State Land Use
Agricultural lands. The adjacent lands to the south are properties that vary in size from
approximately 3 - 50 acres in size. Other surrounding lots across the subject parcel and
along Ainalako Road are zoned Agricultural (A-la, A-2a, A-3a & A-20) and include
scattered dwellings with macadamia nut and citrus orchids and cattle grazing. Although
there are some intermittent residential zoned lands along Ainaola Drive moving westward
of the subject area, lands along Ainalako Road remain in agricultural and are rural in
nature.
14. SLU Boundary Amendment: In 1971, the State Land Use Commission redesignated
approximately 410 acres of land in the upper Waiakea Homesteads area from Agricultural
to Urban. The rational was that the properties were contiguous to existing Urban
designated areas, were small non-conforming size lots, and generally planned for
residential uses. Although the Sportman's Paradise Subdivision was zoned A-1 a, it was
also included in the Urban designation change as it was anon-conforming subdivision
consisting of 12,000-15,000 square foot lots, with utilities available.
15. U.S.D.A. Soil Type: The soils are classified as Olaa extremely stony, silty clay loam,
which has a medium acid surface layer and a slightly acid subsoil. Permeability is rapid,
runoff is slow and the erosion hazard is slight.
16. Land Study Bureau Soil Rating: "C" or Fair.
17. ALISgi: Other important agricultural lands.
18. FIRM: Zone X, an area determined to be outside the 500-year flood plain.
19. Flora/Fauna Resources: According to the applicants, the parcel was previously grazed
-3-
~t
by cattle and extensively cleared for agricultural use. It is not anticipated that there are
rare or endangered flora or fauna on the site.
20. Archaeological Resources: According to the applicants, it is not anticipated that there
are any historical or cultural features on the site since the lands were previously used for
cattle grazing and extensively cleared for agricultural activity in the past. It is anticipated
that no archeological features exist on the property.
21. Cultural or Native Gathering Rights: According to the applicant, there are no valued
cultural, historical or native resources nor has any traditional and customary native
Hawaiian rights been practiced in the area.
PUBLIC UTl`In,IT SAND SERVICES
22. Access: Access to the property is from Ainaola Drive onto Ainalako Road. The subject
property is approximately 1,400 feet from the AinaolaDrive/Ainalako Road intersection.
Ainalako has an approximate 16-foot wide pavement within a 50-foot right-of--way. The
City of Hilo map depicts a road widening to a 60-foot right of way.
23. Water: Water is provided by an existing 8-inch waterline fronting the subject property.
24. ~Vastedvater: According to the Department of Health, the property is located in the
Critical Wastewater Disposal Area where cesspools are not allowed because of water
pollution concerns. Therefore, any development on these lots would require all
wastewater to be disposed into a Septic Tank System.
25. Other Essential Utilities and Services: Police Services are approximately 4 miles from
the subject properly and Fire protection services on Kawailani Street is approximately 1.5
miles away. Electrical and telephone services are or will be made available to the site.
AGENCIES, CO~dIMENTS
26. Police Department (Apri14, 2000 Memo):
"Staff has reviewed the above-referenced proposal and found no adverse effects to public
safety or traffic impact created by the proposed action."
27. Department of Ilousing and Community Development (March 16, 2001 McYno):
"Housing conditions, pursuant to the requirements of Chapter 11, Article 1, Hawaii
County Code, relating to Affordable Housing Policy, are not applicable to this
-4-
application.
Thank you for the opportunity to comment.
Please call us at ext. 8379 if you have any questions or need additional information."
28. Department of Health (March 15, 2001 Memo):
"The subject lots are located in the Critical Wastewater Disposal Area where cesspools
are not allowed because of water pollution concerns. Any development on these lots
would require all wastewater be disposed into a Septic Tank System."
29. Department of Public Works: (See Exhibit B -March 19, 2001 Memo)
(See Exhibit C -Applicant's Letter of Response to Department of Health and
Department of Public Works)
30. Fire Department: (See Exhibit D -March 23, 2001 Memo and Applicant's letter of
response dated Apri16, 2001)
31. State Land Use Commission (See Exhibit E -April 6, 2001 letter and Applicant's
letter of response dated April 23, 2001):
AGI~NCIES NO RESPONSE
32. Department of Water Supply, Real Property Tax Office, Department of Land and
Natural Resources Land Division, Historic Preservation Division, Land
Management, Department of Transportation Hilo ~4i Honolulu, Department of
Agriculture, Natural Resources Soil and Conservation Services.
PUBLIC Cam( M1d~ENTS
33. Letter of Support: By letter dated March 9, 2001 to the Planning Commission, the
adjacent landowners to the east, Lorrin and Naomi Chock, TMK: 2-4-30:110,
expressed their support of the proposed request. (See Exhibit F)
-5-
f ~
~y
CARLSMITH BALL LLP ~`~y
ATTORNEYS AT LAW ®C°`-
A PARTNERSHIP INCLUDING LA W CORPORATIONS f
75-1000 HENRY STREET, SUITE 209
P.O. Box 1720
KAILUA-KONA, HAWAII 96745-1720
TELEPHONE (808) 329-6464 FAX (808) 329-9450
WWW.CARLSMITH.COM ~EC~IVED MAR d 7 ZQ01
DIRECT DIAL NO. (808) 935-6644
March 5, 2001
Mrs. Geraldine M. Giffin, Chairperson
Hawaii County Planning Commission
Mr. Christopher J. Yuen, Planning Director
County of Hawaii Planning Department
25 Aupuni Street
Hilo, HI 96720
Re: State Land Use District Boundary Amendment Application
Change of Zone Application
Applicant: Imamura Family Etal
Request: State Land Use District Designation from "Agricultural" to "Rural"
Change of Zone from "Agricultural 3-acre (A-3a) to Rural Agricultural .5-acre (RA-.Sa)
Tax Map Kev' 2-4-030: 004
Dear Chairperson Giffin & Mr. Yuen:
We humbly request your favorable consideration of our State Land Use
District Boundary Amendment and Change of Zone Applications for the development of
an approximate 61ot single family rural-agricultural subdivision. We appreciate your
cooperation in assisting us in securing these Land Use Development applications, so that
the Imamura family may be provided with their own properties to assist their families in
having the ability to own a property upon which they are able to build their homes.
Pursuant to Section 25-2-9(b) of the Zoning Code, we are concurrently
submitting the following as allowed pursuant to the requirements of Planning
Commission Rule No. 13 and Rule No. 11 & and the Planning Department's State Land
Use District Boundary Amendment, Ch ~~Applications:
HONOLULU KAPOLEI HILO KONA MAUI GUA SAIPAN LOS ANGELES WASHINGTON, D.C. MEXICO
Mrs. Geraldine M. Giffin, Chairperson
Hawaii County Planning Commission
Mr. Christopher 7. Yuen, Planning Director
County of Hawaii Planning Department
March 5, 2001
Page 2
1. Original and 20 copies each of the completed application forms (State Land Use
District Boundary Amendment, Change of Zone with Questionnaire) with Letters
of Authorization from Landowners who are the Applicant;
2. Original and 20 copies of a location map showing the location of the subject
property in Tax Key Map form (See Exhibit A);
3. Original and 20 copies of a Plat map showing the location of the subject property
in Tax Key Map form (see Exhibit
4. Original and 20 copies of a preliminary subdivision site plan showing the proposed
approximately 6 lot subdivision development improvements. (See Exhibit C);
5. Original and 20 copies of a detailed written description of the proposed project
citing the requirements as stated in the Land Use Commission Rules, Title 15,
Subtitle 1, Chapter 15, Subchapter 2, Section 15-15-18, Chapter 205A-2, HRS,
Chapter 205A-26 HRS, as amended and criteria and standards of Planning
Commission Rule No. 13, Section 13-3, Rule No. 11, and Section 11-3;
6. A list of the current surrounding property owners within 500 feet from the
Department of Finance, Real Property Tax Division;
7. A letter to the Planning Director and Planning Commission Chairperson certifying
the mailing of the "First Notice" to the surrounding property owners by enclosed
Notarized Affidavit and exhibits;
8. A Certification of Clearance form dated March 5, 2001 showing no outstanding
delinquencies from the Department of Finance, Real Property Tax Division.
9. One full size copy of a 2 feet by 3 feet preliminary subdivision site plan drawn to
scale showing all existing and proposed uses, buildings, roadways, off-street
parking, etc..
10. A legal description of the above referenced property in map and written form by
metes and bounds certified by a surveyor for the State Land Use Boundary District
Amendment Application and the Change of Zone Application..
Mrs. Geraldine M. Giffin, Chairperson
Hawaii County Planning Commission
Mr. Christopher J. Yuen, Planning Director
County of Hawaii Planning Department
March 5, 2001
Page 3
11. A statement assessment of Cultural, Historical and Natural resources and
associated traditional and customary practices.
12. A check for $200.00 payable to the County Director of Finance for the State Land
Use Boundary Amendment Application filing fee; and
A check for $650.00 payable to the County Director of Finance for the Change of
Zone Application filing fee ($500.00 filing fee plus $150.00 (@ $25 for each lot x
6 lots = $150.00).
If you require any additional information, please call me at 935-6644.
Very s,
es
St en S.C. Lim
SSL:rhy
Enclosures
4072905.1.SSL-1
COUNTY OF HAWAII PLANNING DEPARTMENT
APPLICATION FOR STATE LAND USE BOUNDARY AMENDMENT
{15 ACRES OR LESS)
AGENT FOR APPLICANTS: STEVEN S.C. LIM, CARLSMITH BALL LLP
APPLICANT: TMAMiTRA FAMILY ETAL
APPLICANT' S SIGNATURE • SEE ATTACHED LETTERS OF AUTHORIZATION
MAILING ADDRESS : 121 ~AIANUEN[TE AVENUE
HILO, HA6IAII 96720
TELEPHONE : ( BUS ) 935-6644 ( HOME )
SUSAN F. DECLEENE
LANDOWNER: Tsuneko Imamura, Clifford S. Imamura, Esther T. Imamura. Clarence T Imamu
LANDOWNER' S S I GNATURE : SEE ATTACHED LETTERS OF AUTHORIZATION
TAX MAP KEY: 2-4-030: 004, Lo.t A-1
LAND AREA : 3.000 acres
CURRENT STATE LAND USE DISTRICT CLASSIFICATION: Agricultural
REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Rural
THE APPLICANT SHALL SUBMIT THE FOLLOWING:
A. Non-refundable filing and processing fee of two hundred dollars.
B. Original and fifteen copies of:
1. Application form.
2. Location map.
3. Preliminary site 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 property and proposed development, including but not
limited 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, plans and documents; and
b. The extent to which the proposed reclassification
conforms to the applicable district standards.
C. A minimum 2-foot by 3-foot presentation map requested under B.3,
above.
0400q
PD 2/26/87
a
- CI~IAl®TGF OF Z®1®TF APPLICATIOI®T
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information)
APPLICANT: ~ArnnzA FAIziILY ETAL
APPLICANT'S SIGNATURE:See Attached Letters of Authorization DATE: lmlarch 6, 2001
ADDRESS: 121 6alaianuenue Avenue
Hilo, Hawaii 96720
LIST APPLICANT'S INTEREST IF NOT OWNER:
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS:
PHONE:(Bus.) 935-6644 (Res.) (F~) 935-7975
Susan F. Decleene
LANDOWNER(S): Tsuneko Imamura, Clifford S. Imamura, Esther T. Lmaffiura, Clarence T. T~affiu
See attached letters of authorization 1'larch 6, 2001
LANDOWNER SIGNATURE(S): DATE:
(May be by letter)
LANDOWNER(S) ADDRESS:
REQUEST: Agriculture 3-acre (A-3a) T,O Residential & Agriculture -.5a (RA-.5a)
(Existing zoning) 2-4-030 ~ 004, Lot A-1 (Proposed Zoning)
TAX MAP KEY:
STREET ADDRESS OF PROPERTY: 155 Ainalako Road, Hilo, Hawaii 96720
SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 3.000 acres
AGENT: STEVEAT s.C. LIM, ESQ. CARLSMITH BALL LLP
ADDRESS: 121 6daianuenue Avenue
Hilo, Hawaii 96720
TELEPHONE:(Bus.) 935-6644 (Res.) (Fax) 935-7975
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: STEVEN S . c . L1I~d COPIES
(See Instructions on Reverse Side)
~ THIS CHANGE OF ZONE APPLICATION MUST PE ACCOMPANIED >BY THE FOLLOWING:
1. A filing fee of five hundred dollars ($500) plus twenty-five dollars ($25) per lot or unit
proposed by the amendment. (Checks shall be made payable to the County Director of
Finance)
2. An original and twenty (20) copies of this completed application and the appropriate
Departmental Zoning Questionnaire.
3. An original and twenty (20) copies of a Eackground and County Environmental Report to
include information as listed on the attached form. Note: A County Environmental. Report
shall not be required for an application where an Environmental Impact Statement or
Environmental Assessment has been completed and filed with the Office of Environmental
Quality Control in compliance with HRS, Chapter 343, Environmental Impact Statements.
4. An original and twenty (20) copies of a location map.
5. An original and twenty (20) copies of a scale-drawn plot plan of the property showing property
lines; all existing and proposed structures, uses and improvements; proposed subdivision; and
reference points such as roadways, shoreline, etc.
6. One copy of a full-size (2' x 3') scale-drawn plot plan of Item 5 for presentation purposes.
7. A list of the names, addresses and tax map keys of all owners and lessees of record of
surrounding properties who are required to receive notice.
8. A certificate of clearance from the Director of Finance that the real property taxes and all
other fees relating to the subject parcel(s) have been paid; and there are no outstanding
delinquencies .
Note: A Legal description of the property in map and written form by motes and bounds as
certified by a surveyor shall be submitted to the Planning Department, promptly, within
one anonth of receipt of the acknowledge receipt letter for the application. This
application will not 6e transmitted to the Planning Commission unless the metes and
bounds description in map and written form have bcen received and processed.
FORMS - 9/4/98 (f:\wp601formslpd\zoneappl.skg)
FEE OWNER'S LETTER OF AUTHORIZATION
Tax Map Key No: (3)
2-4-030:004, Lot A-1
Island, County and State of Hawaii
The undersigned is the fee owner of the real property above-identified, and hereby
authorizes Carlsmith Ball, to apply for, execute and process any and all County, State
and federal governmental permit applications, and to participate in proceedings related to
said real property.
A photostatic or fascimile copy of this executed authorization shall also be
considered as effective and valid as the original.
The fee owners hereto agree that this instrument may be executed in counterparts,
each of which shall be deemed an original, and said counteparts shall together constitute
one and the same agreement, binding all of the parties hereto, notwithstanding all of the
parties are not signatory to-the original or the same counterparts.
/ ~ ~
Subscribed and sworn to before me this
day of ~SC~ 05 , 2000 ~t-~oTU
Commtssian ~ 1 i9270i z
i Notcay Public - Caiifami~ ~
Los Angeles County
~ , ~ 1My Comm. ~i~ Aug 8, ~2
Name:
Notary Public, State of ~ ; ~-CjC n ~ ~
My commission expires:
FEE OBVNEIZ'S LETTER OF AUT)FIORIZATION
Tax Map Ivey No: (3)
2-4-030:004, Lot A-1
Island, County and State of Ilawaii
The undersigned is the fee owner of the real property above-identified, and hereby
authorizes Carlsrnith Ball, to apply for, execute and process any and all County, State
and federal governmental permit applications, and to participate in proceedings related to
said real property.
A photostatic or fascimile copy of this executed authorization shall also be
considered as effective and valid as the original.
The fee.owners hereto agree that this instrument may be executed in counterparts,
each of which shall be deemed an original, and said counteparts shall together constitute
one and the same agreement, binding all of the parties hereto, notwithstanding all of the
parties are not signatory to the original or the same counterparts.
?~SG~~tlE~O ~L~l•9,~1~~.~
Subscribed and sworn to before me this
6~ day of , 2000
Name:
NOL4N M. REMMERS ~ ~
Notary Public, State of ~~~2u~~
My commission expires: ~'~`3'~3
FEE OWNER'S LETTER OF AUT~IORIZATION
Tax Map Key No: (3)
2-4-030:004, Lot A-1
Island, County and State of Ilawaii
The undersigned is the fee owner of the real property above-identified, and hereby
authorizes Carisrnith Ball, to apply for, execute and process any and all County, State
and federal governmental permit applications, and to participate in proceedings related to
said real property.
A photostatic or fascimile copy of this executed authorization shall also be
considered as effective and valid as the original.
The fee owners hereto agree that this instrument may be executed in counterparts,
each of which shall be deemed an original, and said counteparts shall together constitute
one and the same agreement, binding all of the parties hereto, notwithstanding all of the
parties are not signatory to the original or the same counterparts.
Subscribed and sworn to before me this
day of , 2000
Name: ~ w,~ ti.`_'
~ L.Y. I~ISHIC;U S
Notary Public, State of °i
My commission expires:
G~
FEE OWNER'S LETTER OF AUTHORIZATION
Tax Map Key No: (3)
2-4-030:004, Lot A-1
Island, County and State of Hawaii
The undersigned is the fee owner of the real property above-identified, and hereby
authorizes Carlsinith Ball, to apply for, execute and process any and all County, State
and federal governmental permit applications, and to participate in proceedings related to
said real property.
A photostatic or fascimile copy of this executed authorization shall also be
considered as effective and valid as the original.
The fee owners hereto agree that this instrument may be executed in counterparts,
each of which shall be deemed an original, and said counteparts shall together constitute
one and the same agreement, binding all of the parties hereto, notwithstanding all of the
parties are not signatory to the original or the same counterparts.
~ a,
Subscribed and sworn to before me this
o? day of - , 2000
Name: ~
~ Kam,
Notary Public, State of
My commission expires: ~~"l~ 2~ .3
S.
FEE OWNER'S LETTER OF AUTIIORIZATION
Tax Map Key No: (3)
2-4-030:00#, Lot A-1
Island, County and State of Hawaii
The undersigned is the fee owner of the real property above-identified, and hereby
authorizes Carlsmith Ball, to apply for, execute and process any and all County, State
and federal governmental permit applications, and to participate in proceedings related to
said real property.
A photostatic or fascimile copy of t!iis executed authorization shall also be
considered as effective and valid as the original.
The fee owners hereto agree that this instrument may be executed in counterparts,
each of which shall be deemed an original, and said counteparts shall together constitute .
one and the same agreement, binding all of the parties hereto, notwithstanding all of the
parties are not signatory to the original or the same counterparts.
~ cG+~ ~ ~w~u.~ru ~ ~eG'2.~-eJ
Subscribed and sworn to before me this
/ ~ ~ day of C~ , 2000
Name: G?7~ ~ ~,..-~.c~
NOLAN M. REMME~~ _
Notary Public, State of ~f ~
My commission expires: ~3
4
Y
THE cfF~'"'r~A1 OF fHE DbCUNIEAT
ism .O^^ED AS fOILOWSe
STA i f. OF HAWAi~
BBUg~R/EAU nOF CONVEY~lNCE5
/7U
' :~w......~w
D~~M~~ j°QQ' +s.K.ea,.ems.aa. s as saSM6
LAND C®URT SYSTEM REGULAR SYSTElO~I
Return by: MAIL ( ) PICKUP (X) TO:
STEVEN S.C. LIM
Carlsmitlx Ball
121 Waianuenue Avenue
Hilo, Hawaii 96720
Total I~lo. of Pages ~
TITLE OF DOCUMENT:
WARRANTY DEED
PARTIES TO DOCUMENT:
GRANTOR: TSUNEKO IIVIAMURA, a widow, whose mailing address is 155 Ainalako
Road, Kilo, I'dawaii 96720
GRANTEE: CLIFFORD S. IMAIVIURA, haasband of Sylvian Ixnamura, ESTDER T.
IMAIVIURA, unmarried, CLAIZENCE T. IIVIAMURA, husband of Lena Dunn,
and SUSAN F. DECLEENE, wife of David Decleene, all of whose mailing
address is care of 155 Ainalako Road, I€ilo, I~avvaii 96720 -
TAX MAP KEY (3) 2-4-30:04 2006620/5-12-99
2007436.1.050567-1
WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS:
That TSUNEKO IMAMURA, a widow, whose mailing address is 155 Ainalako
` Road, Milo, Hawaii 96720, hereinafter called the "Grantor", for and in consideration of the sum
of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration to the Grantor
paid by CLIFFORD S. IMAMUI2A, husband of Sylvian Imamura, EST;EIER T. IMAIVIURA,
unYnarrieci, CLAItENCE T. IMAMURA, husband of Lena Dunn, and SUSAN F. DECLEENE,
wife of David Decleene, all of whose mailing address is care of 155 Ainalako Road, ]f-Iilo, I~awaii
96720 hereinafter called the "Grantee", the receipt whereof is hereby aclrnowledged, does hereby
grant, bargain, sell and convey unto the Grantee a portion of that certain real property as described
herein, and designated on the tax maps of the Third Taxation Division, State of Hawaii, as Tax Map
Key 2-4-30:04, more particularly described in Exhibit A attached hereto and made a part hereof,
subject to the encumbrances noted therein.
TOGETHER WITH ALL and singular the buildings, improvements, rights,
tenements, hereditaments, easements, privileges and appurtenances thereunto belonging or
appertaining or held and enjoyed in connection therewith.
TO HAVE AND TO HOLD the same unto CLIFFORD S. IMAMURA, as tenant
in severalty, as the Grantee's sole and separate property, and the said Grantee's heirs, personal
representatives and assigns, as to an undivided one-sixteenth (1/16) interest; ESTI~ER T.
IMAMURA., as tenant in severalty, as the Grantee's sole and separate property, and the said
Grantee's heirs, personal representatives and assigns, as to an undivided one-sixteenth (1/16)
interest; CLARENCE T. IMAMURA, as tenant in severalty, as the Grantee's sole and sepazate
property, and the said Grantee's heirs, personal representatives and assigns, as to an undivided one-
sixteenth (1/16) interest; and SUSAN F. DECLEENE, as tenant in severalty, as the Grantee's sole
and separate property, and the said Grantee's heirs, personal representatives and assigns, as to an
undivided one-sixteenth (1/16) interest; and the whole of the premises being held as tenants in
2.
2007436.1.050567- ]
common, their heirs, successors and assigns, in fee simple forever; .RESERVING, however, a life
estate in TSUNElKO IMAMUItA, for and during the term of her natural life.
AND 'THE SAID GRANTOR does hereby covenant with the Grantee that the Grantor
is lawfully seised in fee simple of said granted premises and that the said premises are free and clear
of all encumbrances except as aforesaid, and except for assessments for real property taxes. And the
said Grantor further covenants and agrees that the Grantor has good right to sell and convey the said
premises in the manner aforesaid; that the Grantor will WARRANT AND DEFEND the same unto
the Grantee against the lawful claims and demands of all persons, except as aforesaid.
IT IS MUTUALLY AGREED that the terms "Grantor" and "Grantee' ; as and when
used hereinabove or hereinbelow shall mean and include the masculine or feminine, the singulaz or
plural number, individuals, associations, trustees, corporations or partnerships, and their and each
of their respective successors in interest, heirs, executors, personal representatives, administrators
and permitted assigns, according to the-,context thereof, and that if these presents shall be signed by
two or more grantors, or by two or more grantees, all covenants of such parties shall be and for all
purposes deemed to be their joint and several covenants.
IN WITNESS WHEREOF, the Grantor has executed these presents on this day
of 3'~l , 1999, which instrument shall for all purposes be deemed effective upon
delivery, and hall not depend upon recordation with the Bureau of Conveyances of the State of
Hawaii.
TSUNEKO IIYIAMUItA
APPROVED AS TO FORM -
CARLSMITH BALL
BY
5-12-99
3.
2007436.1.050567-1
STATE OF HAWAII
SS.
COUNTY OF HAWAII )
On this day of , 1999, before me personally appeared
TSUl`1EI~0 IMAMUI~, to me lmown (or proved to me on the basis of satisfactory evidence) to
be the person described in and who executed the foregoing instrument, and aclaiowledged to me that
she executed the same as her free act and deed.
Notary Public, Stan of Haw
My commission expires:
2007436.1.050567-1
EXIIIBIT "A"
LOT A-1
Land situated at Waiakea, South Hilo, Island of Hawaii, Hawaii.
Being a portion of Grant 11610 to Edward Shigeo and Tsuneko Imamate, being also a
portion of Lot 1100, Waiakea Homesteads, 2nd Series.
Beginning at the Southwest corner of this parcel of land, being also the Northwest corner of
Lot A-2 and on the easterly side of Ainalako Road, the coordinates of said point of beginning
referred to Government Survey Triangulation Station "HALAI" being 18,860.02 feet South and
884.74 feet East, thence running by azimuths measured clockwise from true South:
1. 180 ° 04' 165.02 feet along the easterly side of Ainalako
Road;
2. 265 ° 40' ~ 657.53 feet along a portion of Grant 8653 to
Charles H. Will, being also along a
portion of Sportsman's Pazadrse Lots;
3. 355 ° 40' 196.83 feet along the remainder of Grant 11610
to Edward Shigeo and Tsuneko Imamate,
being also along the remainder of Lot
1100, Waiakea Homesteads, 2nd Series
(Lot A-2);
4. 85 ° 40' 640.28 feet along same;
5. Thence along same on a curve to the right with a radius of 30.00 feet, the chord azimuth
and distance being 132° 52', 44.02 feet
to the point of beginning and containing
an area of 3.00 Acres.
SUBJECT, HOWEVER, to a 5-foot wide setback for future road widening along the easterly
side of Ainalako Road.
2007436.1.050567-1
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COUNTYENVIRONMENTAL REPORT
STATE LAND USE DISTRICT BOUNDARYAMENDMENT
CIIANGE OF ZONE
Portion of Grant 11610 to Edward Shigeo and Tsuneko Imamura being also a
portion of Lot 1100, Waiakea T4omesteads, 2nd Series, District of South Tiilo,
Iiawaii, TMI~: (3) 2-4-030: 004, Lot A-1
Prepared for: Imamura Family etal
Tsuneko Imamura
Clifford S. Imamura
Esther T. Imamura
Clarence T. Imamura
Susan F. DeCleene
Prepared by:
Steven S.C. Lim
Carlsmith Ball LLP
121 Waianuenue Avenue
Hilo, Hawaii 96720
Telephone: (808) 935-6644
March 2001
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County Environmental Report Imamura Family etal
TABLE OF CONTENTS
1.0 PROJECT DESCRIPTION 2
1.1 SUMMARY OF REQUEST 2
Table 1
LAND USE STATUS 2
1.2 PROJECT OBJECTIVES 2
1.3 EXISTING LAND USE 3
1.4 DEVELOPMENT PROGRAM 3
1.5 DEVELOPMENT TIlVIETABLE 4
1.6 ESTIMATED INFRASTRUCTURE COSTS 4
2.0 CONFORMANCE WITH STATE AND COUNTY PLANS 4
2.01 STATUTORY AUTHORITY FOR SUBMITTAL OF CONCURRENT
APPLICATIONS AND APPLICATIONS FOR 15 ACRES OR LESS. . 4
2.1 CHAPTER 205, HAWAII REVISED STATUTES (HRS) -LAND USE
COMMISSION 4
2.2 HAWAII STATE PLAN 6
2.3 CHAPTER 343, HRS, ENVRONMENTAL IMPACT STATEMENT
REGULATIONS 7
2.4 HAWAII COUNTY GENERAL PLAN 7
2.5 HILO COMMUNITY DEVELOPMENT PLAN 12
2.6 COiJNTY ZONING 12
2.7 SPECIAL MANAGEMENT AREA 12
3.0 ENVIRONMENTAL CHARACTERISTICS AND ANTICIPATED IlVIPACTS
OF THE PROPOSED ACTION 12
3.1 PHYSICAL ENVIRONMENT 12
3.1.1 Geology, Physiography, and Climate 12
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County Environmental Report Imamura Family etal
3.1.2 Soils 13
3.1.3 Flora and Fauna 14
3.1.4 Historic and Archaeological Sites 14
3.1.5 Natural Hazards 14
3.1.6 Air and Noise Quality 15
3.1.7 Scenic and Visual Resources 16
3.2 PUBLIC SERVICES AND ENGINEERING REQUIREMENTS 16
3.2.1 Schools 16
3.2.2 Parks and Recreation 16
3.2.3 Medical Services 17
3.2.4 Police and Fire Protection Services 17
3.2.5 Water System 17
3.2.6 Drainage 17
3.2.7 Sewerage System 17
3.2.8 Solid Waste Disposal 17
3.2.9 Electrical, Telephone, and Cable Services 18
3.2.10 Vehicular Circulation/Traffic 18
4.0 ENVIRONMENTAL ASSESSMENT AND ANALYSIS 18
4.1 RELATIONSHIP BETWEEN LOCAL SHORT-TERM USE OF THE
ENVIRONMENT AND THE MAINTENANCE AND ENHANCEMENT
OF LONG-TERM PRODUCTIVITY . 18
4.1.2 MITIGATIVE MEASURES PROPOSED TO AVOII~, MINIlVIIZE,
RECTIFY, OR REDUCE IldIPACTS . 19
4.1.3 ALTERNATIVES TO THE PROPOSED DEVELOPMENT 20
No Action Alternative 20
Alternative Use 20
Alternative Locations 20
4.1.4 IRREVERSIBLE AND IRRETRIEVABLE COMMITMENTS OF
RESOURCES 20
5.0 AGENCIES CONTACTED 21
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County Environmental Report Imamura Family etal
1.0 PROJECT DESCRIPTION
1.1 SUIdIIVIARY OF REQUEST
Tsuneko Imamura, Clifford S. Imamura, Esther T. Imamura, Clarence T.
Imamura, and Susan F. DeCleene hereinafter collectively referred to as the (Owners) are
seeking a State Land Use District Boundary Amendment (SLLTDBA) from Agricultural to
Rural, and a Change of Zone from the current Agricultural (A-3 a) to Residential and
Agricultural (RA-.Sa) for the approximately 3.000 acre parcel being a portion of Grant
1160 to Edward Shigeo (deceased) and Tsuneko Imamura, being also a portion of Lot
11001ocated in Waiakea Homesteads, 2id Series, South Hilo, Island and County of
Hawaii identified by Tax Map Key: 2-4-030: 004 hereinafter referred to as the (Property).
The proposed SLUDBA and Change of Zone are being requested to allow a 61ot single
family residential subdivision, hereinafter referred to as the (Project) for the Owners. The
Property is not located within the County Special Management Area (SMA).
The Property is presently designated for Low Density Urban on the Land Use
Pattern Allocation Guide (LUPAG) Map of the County General Plan as confirmed by
Letter from the Planning Department dated May 11, 2000. As such, an amendment to the
County General Plan is not required for the Project.
The Property is located on the east side of Ainalako Road within the Waiakea
Homesteads, 2nd Series,- South Hilo, Hawaii. The Property is located adjacent to the
south of the 103-lot Sportsman's Paradise Lots subdivision. Access to the Property is via
Ainalako Road which connects to Ainaola Drive. The location and regional context of
the project are shown in Exhibit A (Regional Location Map) and Exhibit D (Tax Map
Key of Property), and the following table summarizes the land use status of the Property.
Table 1
LAND USE STATUS
Tax Map Key: (3) 2-4-030:004, Lot A-1
State Land Use: Agricultural
County General Plan (LUPAG) Low Density Urban
Hawaii County Zoning Agricultural 3-acre (A-3 a)
County Special Management Area Not in SMA
1.2 PROJECT OBJECTIVES
The Owners are submitting a State Land Use District Boundary Amendment
Application to change the State Land Use District designation from "Agricultural" to
"Rural" and a Change of Zone Application to change the Zoning designation from
"Agricultural 3-acre" (A-3 a) to Residential and Agriculture .5-acre (RA-.Sa) The request
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County Environmental Report Imamura Family etal
is to allow a 61ot subdivision of the Property to create a family subdivision for the sons
and daughters of Tsuneko Imamura.
The Property is 3.000 acres in size and will be subdivided to create 6 lots, with a
minimum lot size of not less than 0.50 acre. The two existing single family dwellings on
the property will be incorporated into the subdivision design of the Property. The other
lots will be developed at some time in the future, when each family member is able to
secure the necessary financing for building a home.
This County Environmental Report has been prepared according to the
requirements of Section 25-2-42 of the County Code, and has been prepared in support of
the Change of Zone and State land Use Boundary Amendment applications for the
proposed Project.
1.3 EXISTING LAND USE
The Property is a former farm with litchee and macadamia nut orchards. The
proposed Project is adjacent to the 103-lot Sportsman's Paradise Lots. Other than the
Sportsman's Paradise Lots, the surrounding properties are a former pasture for horses. To
the east is a 7.000-acre lot with asingle-family dwelling and accessory structures along
Komohana Street. Nearby land to the west is an old single-family dwelling with
macadamia and citrus orchards. To the south is a single family dwelling with a
macadamia nut orchard.
Sportsman's Paradise Lots consisting of 103 lots with lot sizes of approximately
12,214 s.f. to 15,474 s.f. lots is situated within the State Land Use "Urban" and County's
Agricultural 3-acre zone districts. Of these 103 lots, l6 ohana dwelling applications were
approved, and building permits were taken out for 13 detached dwellings and 1 duplex.
1.4 DEVELOPMENT P]E~OGItAM
The Project will contain approximately 6single-family residential lots. (See
Exhibit C). Lot sizes will be 0.50 acres, and access to the subdivision will be from
Ainalako Road through a private road.
The roadway within the subdivision will be built to Private roadway standards.
The subdivision roadway will remain in private ownership.
In response to the existing site features and the adjoining residential development,
the Project would be developed in a manner that is responsive to the site characteristics
and surrounding uses.
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1.5 DEVELOPMENT TIMETABLE
Subdivision plans are expected to be submitted upon securing of approvals of the
SLUBDA and Change of Zone applications. The requirements of the Subdivision Code
for the Project will be complied with in a timely fashion. The Project which will provide
lots for family individuals who will have their own timetables in constructing their homes
on the Project lots.
1.6 ESTIMATED IleTFRASTRUCTURE COSTS
The estimated order of magnitude costs for infrastructure elements, which include
site preparation, water, drainage, individual wastewater systems and power and
communication utility improvements are estimated to be in excess of $100,000.
2.0 CONFORMANCE WITH STATE AND COUNTY PLANS
2.01 STATUTORY AUTHORITY FOIE SUBMITTAL OF CONCURRENT
APPLICATIONS AND APPLICATIONS FOIL 15 ACRES OR LESS.
Chapter 25 (Zoning Code), Article 2, Division 1, Section 25-2-9 (b)(Applications
including lesser actions, concurrent applications) state that "Two or more applications
involving the same building site or the same project requiring commission action may be
considered concurrently, provided that the commission decision on each application shall
be issued separately by the commission."
Hawaii County Planning Commission Rule No. 13 (State Land Use Boundary
Amendment), Section 13-1 (Purpose and Authority) states "This rule governs State Land
Use district boundary amendment procedures pursuant to authority conferred by Section
205-3.1 of the Hawaii Revised Statutes and Chapter 28 of the Hawaii County Code,
which allow the County to amend State Land Use District boundaries for lands fifteen
acres or less located in the State Land Use Urban, Rural, and Agricultural Districts."
Planning Commission Rule No. 13, Section 13-8 (Consolidated Proceeding with Other
Land Use Changes) states "A petition for a district boundary amendment may be
submitted simultaneously with other land use changes and applicable permits for
consolidated review and processing, including any hearings."
2.1 CHAPTER 205, HAWAII REVISED STATUTES (IIRS) -LAND USE
COMMISSION
Currently, the Project site is designated within the "Agricultural" District by the
State of Hawaii Land Use Commission. To implement the Project, a district boundary
amendment conforming to the State of Hawaii Land Use Commission Hawaii
Administrative Rules, (Title 15, Subtitle 3, Chapter 15, Subchapter 8, Section 15-15-
7?(d) and Hawaii County Planning Commission Rule No. 13 would need to be approved
by the Hawaii County Council. The applicant is submitting a State Land Use Boundary
Amendment Petition for the approximately 3.000 acre Project site, concurrently with an
application for Change of Zone.
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The proposed boundary amendment must conform to the Commission's standards
for determining Rural District boundaries as contained in Section 15-15-21. The
standards are addressed as follows:
Standard One (1): Areas consisting of small farms; provided that the areas need not
be included in this district if their inclusion will alter the general
characteristics of the areas:
Response: The Project represents an extension of the existing Sportsman's
Paradise Lots consisting of 103 lots which is located immediately adjacent to the
north of the Property. The Sportsman's Paradise Subdivision is a single family
residential subdivision with lot sizes ranging between 12,000 and 15,000 square feet.
Immediately to the northwest of the Property is the Kaiulani Subdivision Unit I
which comprises of 14 - 1 acre lots. The surrounding area consists of single family
residential and small farm agricultural lots, and given the rural nature of the area
above the City of Hilo, the Project v~ill not alter the general characteristics of the
area requested for the proposed amendment. To the west is former pasture land
with a single family dwelling fronting I~omohana Street. To the south and west are
single family dwellings with over 40 year old citrus and macadamia nut orchards.
Standard Two (2) Activities or uses as characterized by low-density residential lots of
not less than one-half acre and a density of not more than one-half
acre and a density of not more than one single family dwelling per
half-acre in areas, where "city like" concentration of people,
structures, streets, and urban level of services are absent, and where
small farms are intermixed with the low-density residential lots;
and
Response: The Project will be one-half acre lots in size. The relatively small (6)
lot subdivision is within an area that has uses and activities that are characterized
by low-density residential lots. The surrounding area around the Sportsman's
Paradise Lots subdivision is generally Agricultural in character and nature with lots
sizes ranging from 1 acre to 5 acres in size. Although located in the upper area of
the dVaiakea Homesteads, its location is serviced by streets and urban level of
services. Access is available to the Property -and to all areas of the City of Hilo. In
addition, the provision of ail urban services are available within a 5 mile perimeter
from the Property. Finally, the Project will have an environment where small farms
are intermixed with the low-density residential lots.
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County Environmental Report Imamura Family etal
Standard Three (3) It may also include parcels of land which are surrounded by, or
contiguous to this district, and are not suited to low-density
residential uses for small farm or agricultural uses.
iZesponse: The Project vaill be adjacent to the Sportsman's Paradise Lots
subdivision which is contiguous to the Property.
2.2 HAWAII STATE PLAN
The Hawaii State Plan, as set forth in Chapter 226, Hawaii Revised Statutes,
consists of a series oflong-grange, comprehensive plans, goals and policies which serve
as a guide for the growth and future long-range development of the State. Amendments
to the Land Use District Boundary must be consistent with these plans and policies. The
goals of the Hawaii State Plan and their relationship to the proposed project are as
follows:
Section 226-19 Objectives and policies for socio-cultural advancement -housing.
(a) Planning for the State's socio-cultural advancement with regard to housing shall be
directed towards achievement of the following objectives:
(1) Greater opportunities for Hawaii's people to secure reasonably priced,
safe, sanitary, livable homes located in suitable environments that
satisfactorily 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 objectives, it shall be the policy of this State to:
(1) Effectively accommodate the housing needs of Hawaii's people.
(2) Stimulate and promote feasible approaches that increase housing choices,
for low-income, moderate-income, and gap-group households.
(3) Increase homeownership and rental opportunities and choices in terms of
quality, location, cost, densities, style, and size of housing.
(4) Promote appropriate improvement, rehabilitation, and maintenance of
existing housing units and residential areas.
(5) Promote design and location of housing developments taking into account
the physical setting, accessibility to public facilities and services, and
other concerns of existing communities and surrounding areas.
(6) Facilitate the use of available vacant, developable, and underutilitzed
urban lands for housing.
(7) Foster a variety of lifestyles traditional to Hawaii through the design and
maintenance of neighborhoods that reflect the cultures and values of the
community.
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Response: The Project would contribute to the attainrraent of these objectives and
policies in that the Project would expand the availability of residential products
available to Hawaii residents and would contribute to the stability, diversity and
grova~th of the local and regional economics of the area. More specifically, the
Project would provide housing opportunities for the faanily in a planned setting.
The Project would provide these opportunities close to existing and planned
developments. The Project would be compatible with the existing nearby
residential and rural developrrients. The Project would also be accessible to public
facilities and services, other existing communities and surrounding areas, including
employment centers and recreational areas.
2.3 CFIAPTER 343, HRS, ENVIRONMENTAL IMPACT STATEMENT
REGULATIONS
An Environmental Impact Statement (EIS) as defined by Chapter 343, HRS and
by the State Environmental Quality Commission Rules and Regulations, is not required
for the Project as none of the applicable actions delineated in Chapter 343, Section 5,
I-IKS, apply to the proposed project. This County Environmental Report, however, has
been prepared to address the environmental and technical considerations of the project.
2.4 HAWAII COUNTY GENERAL PLAN
The Hawaii County General Plan is the County's comprehensive land use policy
for guiding long-range development on the Island of Hawaii. It specifies goals, policies,
and standards of development for the most desirable land uses on the island. The General
Plan's associated Land Use Pattern Allocation Guide (LUPAG) Map designates the
general allocation of the various desired land uses, such as urban, residential, recreational,
agricultural, resort commercial and industrial.
The Property which is located in the Waiakea Homesteads, 2id Series is identified
by the General Plan as Low Density Urban as confirmed by the Planning Department in
their letter of May 11, 2000. (See Exhibit 3). Low Density is defined by General Plan as
"Single Family Residential in character, ancillary community and public uses, and
convenience type commercial uses". As a low density residential use, the project is
consistent with this designation.
The following is a discussion of the project's consistency with the specific goals,
policies, and courses of action of the General Plan that are relevant to the Project
Economic Element
Goals
~ Provide residents with opportunities to improve their quality of life.
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Discussion: The Project will provide short-term construction-related job
opportunities. Property, income, excise and other taxes will be generated, resulting
in an increase in State and County revenues which in turn can be used to provide
needed public services and facilities. Additionally, the Project will provide new
housing opportunities for residents in a well planned secure neighborhood.
Environmental Ouality
Goals
~ Maintain and, if
feasible, improve the existing environmental quality of the island.
Discussion: The Project will not create any significant adverse effect on the
environment. Those potential short-term adverse effects on the surrounding area
associated with construction activities, such as potential noise, air duality, or
drainage impacts, would be reduced or eliminated through the implementation of
appropriate mitigative measures as detailed in this report.
Flood Control and Drainaee
Goals
~ Conserve scenic and natural resources.
~ Prevent damage to man-made improvements.
Reduce surface runoff and sediment runoff.
Policy
All development generated runoff shall be disposed of in a manner acceptable to
the Department of
Public Works.
Discussion: The Project is not located within any flood way or flood plain.
Surface water runoff and sedimentation will be minimized by methods approved by
the Department of Public Works.
Historic Sites
Goals
~ Protect and enhance the sites, buildings and objects of significant historical and
cultural importance to Hawaii.
Discussion: The County of Hawaii General Plan, and the Federal and State
Register of Historic Sites do not list any archaeological sites on the Property.
Natural Beauty
Goals
~ Protect, preserve and enhance the quality of areas endowed with natural beauty,
including the quality of coastal scenic resources.
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County Environmental Report Imamura Family etal
~ Protect scenic vistas and view planes from becoming obstructed
~ Maximize opportunities for present and
future generations to appreciate and
enjoy natural and scenic beauty.
Discussion: The County of I~amvaii General Plan does not list the Property or any
of its surrounding areas to have any Scenic view planes or corridors. The County of
Hawaii Natural beauty element does not list the Property or any of its surrounding
areas as examples of Natural beauty.
Natural Resources and Shoreline
Goals
~ Protect and conserve the natural resources of the County of
Hawaii from undue
exploitation, encroachment and damage.
~ Provide opportunities for the public to full recreational, economic, and
educational needs without despoiling or endangering natural resources.
~ Protect and promote the prudent use of
Hawaii 's unique, fragile and sign cant
environmental and natural resources.
~ Ensure that alterations to existing land
forms and vegetation, except crops and
construction of structures cause minimum adverse effect to water resources, and
scenic and recreational amenities and minimum danger of
floods, landslides,
erosion, siltation, or failure in the event of an earthquake.
Policies
~ The shoreline of the island of Hawaii shall be maintained
for recreational,
education, and/or scientific uses in a manner 6that is protective of resources and
is of the maximum benefit to the general public.
~ The shoreline shall be protected
from the encroachment of man
made
improvements and structures.
Discussion: The Project is located approximately 5 miles from the ocean and is not
anticipated to have any direct adverse impact on the shoreline resources.
Housing
Goals
~ Attain safe, sanitary and livable housing
for the residents of the County of
Hawaii.
Maintain a housing supply which allows a variety of choice.
~ Develop better places to live in Hawaii County by creating viable communities
with decent housing and suitable living environments for our people.
~ The cornerstone of the County's housing programs and activities shall continue to
be the encouragement and expansion of appropriate home ownership
opportunities for our residents.
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County Environmental Report Irnamura Family etal
Discussion: The Project would be implementing the above goals. The Project
would provide the family an opportunity to gain individual home ownership
opportunities that would not otherwise be available. In the General Plan, Land Use
Element -Single Family Residential -Recommended Single-Family Residential
Land Allocation section, it states that "Alternate single family residential expansion
areas are indicated in the Upper Waiakea 1`Iomesteads and the Waiakea-Uka/laaihai
areas, adjacent to the recommended residential zoning. These expansion areas meet
the criteria for residential use and, if needed, could be zone as such." The Property
is within this area. As stated previously, the Project subdivision is intended to assist
in replenishing the existing inventory of rural residential lots in the Waiakea
Homesteads area-with this family subdivision. The Project will be constructed in
accordance wide the standards and requirements of the Department of Public
Works.
Public Utilities
Goal
~ To have public utility facilities which are designed to fit into their surroundings
or concealed
from public view.
Policies
s A systematic program by the County, State and private interest shall identify
sources of additional water supply to ensure the development of sufficient
quantities of water for future needs of high growth area.
~ All water systems shall be designed and built to Department of Water Supply
standards.
~ Power distribution shall be placed underground when and where feasible. The
County shall encourage developers of new urban areas to place utilities
underground
Discussion: All utilities for the Project will be installed and constructed in
accordance with State and County design standards and requirements. The Project
will comply with the State Department of ~Iealth's wastewater requirements.
Recreation
Goals
~ Provide a wide variety of recreational opportunities for the residents and visitors
of the County
Maintain the natural beauty of recreational areas.
Provide a diversity of environments for active and passive pursuits.
Policies
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Public access to the shoreline shall be provided in accordance with an adopted
program of the County of Hawaii.
Discussion: Due to the small size of the Project, it is not anticipated that additional
recreation facilities will be required nor will existing recreational facilities and
resources be negatively impacted.
Land Use
Goals
~ Designate and allocate land uses in appropriate proportions and mix in keeping
with the social, cultural, and
physical environments of the County.
Policies
Zone urban and rural types of uses in areas with ease of access to community
services and employment centers and with adequate public utilities and
facilities.
~ Promote and encourage the rehabilitation and use or urban and rural areas
which are serviced by basic community facilities and utilities.
~ The County shall encourage the development and maintenance of communities
meeting the needs of its residents in balance with the physical and social
environment.
Land Use Element - A
rg
iculture Sub-Section
Goals
~ Identify, protect and maintain important agricultural lands on the Island of
Hawaii.
Policies
~ Rural-style residential-agricultural developments, such as new small-scale rural
communities or extensions of existing rural communities, shall be encouraged in
appropriate locations.
Land Use Element - Single Family Residential Sub-Section
Goals
~ To maximize choices of single family residential lots and/or housing
for residents
of the County.
To provide for single family residential areas conveniently located to public and
private services, shopping, other community activities and convenient access to
employment centers.
Discussion: The requested zoning charges are in keeping with the above cited
Land Use Element Goals and Policies. The Project is a small 6 lot subdivision and is
located in a rural area of the South I3ilo district in an area that has adequate
infrastructure. The Project is in close proximity to the necessary public and private
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County Environmental Report Imamura Family etal
services, as well as shopping, and has convenient access to the employment centers
of the City of Hilo.
2.5 HILO COMMUNITY DEVELOPMENT PLAN
The Hilo Community Plan zone guide map designates the Property for
Agricultural 3-acre uses.
Discussion: The Hilo Community Development Plan zone guide map designates
the area of the Property for Agricultural 3-acre zoning. However, in the Land Use
Element -Single Family Residential -Recommended Single-Family Residential
Land Allocation section, it states that "Alternate single family residential expansion
areas are indicated in the Upper Waial~ea Homesteads and the VVaiakea-Uka/Haihai
areas, adjacent to the recommended residential zoning. These expansion areas meet
the criteria for residential use and, if needed, could be zone as such.'° The Property
is within this area.
2.6 COUNTY ZONING
The Hawaii County Zoning Map for the South Hilo district designates the project
site as Agricultural (A-3a). A change of zone from Agricultural to Residential and
Agricultural (RA-.Sa) will be required to allow the development ofsingle-family
residential lots with a minimum size of 0.50 acres. Approval of a Change of Zone
Application for the Project, supported by the County Environmental Report, is required to
allow for the proposed use.
2.7 SPECIAL MANAGEMENT AREA
The Property is not within the Special Management Area.
3.0 ENVH2ONMENTAL CHARACTERISTICS AND ANTICIPATED
IMPACTS OF THE PROPOSED ACTION
3.1 PHYSICAL ENVIRONMENT
3.1.1 Geology, Physiography, and Climate
The Property is a part of the uplands of the Waiakea Homesteads at an elevation
of approximately 539 feet and receive an annual rainfall from 100 to 175 inches of
rainfall annually. The mean annual temperatures range between 71 ° and 73 ° Fahrenheit.
3.1.2 Soils
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Soils in Hawaii are commonly rated in terms of three classification systems: (1) Detailed
Land Classifications, (2) Soil Survey, and (3) Agricultural Lands of Importance to the
State of Hawaii. These are discussed below.
Detailed Land Classification
Based on the five-level productivity rating system from the Land Study Bureau's
1967 Detailed Land Classifications, Island of Hawaii (Baker et al, 1965), the Overall
Master Productivity Rating for the Project area is classified as "C" or "Fair". None of the
Project land is categorized as A, or B soils, which are considered important for
agricultural purposes under Hawaii Revised Statutes 205-4.5.
Soil Survev
Soils on the Project site, are identified by the Soil Survey of the Island of Hawaii
(USDA-SCS 1973) as Olaa extremely stony, silty clay loam, as described below.
OID Olaa extremely stony silty clay loam, 0 to 20 percent slopes. This soil is
undulating to rolling and has a dominant slope of about 12 percent. In a representative
profile the surface layer is very dark brown extremely stony silty clay loam about 16
inches thick. The subsoil is dark-brown extremely stony silty clay loam about 9 inches
thick. It is under lain by Aa lava. This soil dehydrates irreversibly into gravel-size
aggregates. It has a medium acid surface layer and a slightly acid subsoil. In places the
surface layer is nonstony. Permeability is rapid, runoff is slow, and the erosion hazard is
slight. This soil is used for sugarcane.
Agricultural Lands of Ianportance to the State of Ilawaii
The Agricultural Lands of Importance to the Sate of Hawaii (ALISH)
classification system identifies three types of agricultural lands, based on characteristics
such as soil quality, growing season and moisture supply. The three classifications used
are prime, unique, and other important lands, as shown in Figure 6. The lands within the
Project site are listed as "other important" agricultural lands, by the ALISH classification
system.
Agriculture
Due to the general fair quality of soil with the project site, impacts to the
agricultural potential for the project lands are expected to be minimal and insignificant.
Whereas the Project will result in a curtailment of the present limited use of the project
land for orchard purposes, this impact is not expected to be significant given the marginal
quality of these lands and the extent of other, more suitable lands in the region.
Additionally, the potential agricultural use of the Property should be viewed in the
context of the surrounding urban uses and the long-range land use plans for the area, as
set forth by the State, County, and property owners.
3.1.3 Flora and Fauna
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The Property was a former truck farm established in the late 1940's. Currently, it
is mostly planted with litchee and macadamia nut trees. Anthuriums are grown under
hapus and the litchee trees. The property also contains pineapples, bananas and citrus
(tangerines, mandarin, orange, lemon, grapefruit), guava and avocado trees. Since the
property was farmed for over 60 years, there are no plant species that are classified as rare
or endangered.
Fauna
Common animal species in the area include field mice and mongoose. There is no
known or recorded rare or endangered animal species in the Project area.
Faunal studies conducted in the Project vicinity have observed no resident
endemic or indigenous bird species. Species observed in the project area vicinity include
the Japanese White-Eye, Cardinal, Zebra Dove, Common Myna, House Sparrow, and
House Finch. A mammal common to the area is the Mongoose. This specie is highly
mobile and will have little trouble in relocating to other areas and is not a rare or
endangered species.
The Project would create a more open and rural habitat than presently exists. This
change in the habitat may result in a decrease or increase in the number of different
species, depending on the habitat preference of the species. The number of mongoose
could decrease due to the rural nature of the residential development.
3.1.4 Flistoric and Archaeological Sites
The Property is partially developed with asingle-family dwelling and an ohana
dwelling (Ghana Dwelling 87-136 approved on August 27, 1987). Since the Property has
been previously grazed by cattle and extensively cleared for agricultural use, and no
archaeological features were found or are listed on any of the County, State or Federal
Historical Registers, it is expected that no archaeological features exist on the Property.
There is no evidence of historical or cultural features on the parcel, nor did the
records in the Planning Department or at the Department of Land and Natural Resources,
Historic Preservation Division disclose any significant findings attributable to the subject
property. Based on the above information, there is no potential impact to the historical
and archaeological resources on the project area.
3.1.5 Natural Hazards
Potential natural hazards to which the subject property could be subjected include
flooding, volcanic eruptions and earthquakes. The project area is outside the 500-year
flood zone and is therefore not shown on Flood Insurance Rate Maps on file with the
County Department of Public Works. Additionally, no natural drainage features are
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County Environmental Report Imamura Family etal
found on site. The Project will comply with the applicable requirements of Chapter 27
during the Subdivision Application review process.
The U. S. Geological Survey divides the land into zones that are ranked from 1
through 9 based on the probability of lava coverage. The USGS Lava Flow Hazard Maps
show the project area to be within Lava Flow Hazard Zone 3, which indicates that less
than 15 - 75 percent of the land in this zone has been covered with lava in the past 750
years and that there has been 1-5 percent lava coverage in the past 200 years.
The impacts of lava flows on the Project site can only be mitigated with the
intention of protecting life. Protection of property from lava inundation has proved to be
relatively ineffective on a regional scale. Therefore, mitigation of lava flow hazards
would be limited to the provision of adequate evacuation routes and civil defense warning
systems designed to provide users of the project site with as much advance notices of a
threatening lava flow as possible.
In order to minimize potential damage to structures as a result of earthquakes, all
buildings and structures within the proposed project will be designed and constructed in
compliance with applicable Building Codes and Standards.
3.1.6 Air and Noise Quality
Air Quality
Generally, air quality is affected by regional and local climates, together with the
amount and type of human activity in a given location. No large, stationery source of air
pollutants and no major industries that would contribute to air pollution are located
within the project area vicinity.
Air quality in the project vicinity is most affected by emissions from natural and
vehicular sources. The dominant factor for the past several years has been the volcanic
haze (vog) from Kilauea Volcano, which drifts into the Hilo area from more than -miles
away. Another natural source of air pollution that may affect the air quality at the site is
windblown dust. Although there is little air quality monitoring data currently available
for the area, it appears that both State and Federal ambient air quality standards are
currently being met, despite the persistent vog.
The Project would increase traffic in the area very slightly, although the projected
level of Project generated traffic at build-out is not expected to generate"significant levels
of air pollutants and those that are generated would be dispersed rapidly by the prevailing
winds. There could be short-term air quality impacts due to construction activities,
especially during clearing and grubbing operations. However, these impacts can be
mitigated through utilization of best management practices such as covering transported
materials, water spraying, and planting of ground cover as soon as practical.
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Because there is a residential development adjacent to the Project area, existing
background ambient noise levels within the project site is similar to levels in the
surrounding area. Noise levels in the project area is primarily influenced by the traffic
on Ainalako Road, and to a lesser extent Ainaola Drive, although this source is located a
considerable distance (about 1 mile) from the project site.
There could be short-term noise impacts due to construction activities, especially
during clearing and grubbing operations. However, these impacts can be mitigated
through scheduling work during the daytime and by ensuring that construction equipment
complaes with County regulations. When fully developed, the Project is not expected to
add significantly to current noise levels.
3.1.7 Scenic and Visual Resources
The proposed subdivision will not impact views of the shoreline from the
Property as the nearest State right-of--way makai of the Property is approximately 9000
feet to the east of the Project site. The Project is located approximately 5 miles mauka of
the from the shoreline. There are no designated Natural Beauty, Scenic or Visual
Resources identified in the South Hilo Community Development Plan from the Property.
As such, the Project will have no significant adverse effect on the existing scenic and
visual sources of the South Hilo area.
3.2 PUBLIC SERVICES AND ENGINEERING REQUIREMENTS
3.2.1 Schools
The Project is relatively small. The residents would be family members, therefore
the number of school age children within the subdivision is expected to be small. The
Project is expected to have minimal impact on the demand for education services in the
region. Schools that maybe affected by the Project would include Waiakea Waena,
Waiakea Intermediate and Waiakea High Schools, all within 3 miles of the subject
property.
3.2.2 Parks and Recreation
Existing recreational opportunities are provided at Waiakea-LJka Park and
Ballfield located about a mile away. Other County facilities in the area include the Hilo
Municipal Golf Course and Driving Range (1.5 miles away). Given the relatively small
size of the project, the socio-economic make-up of the owners and abundance of
recreational resources within the Hilo/Waiakea-uka area, additional measures to minimize
potential adverse impacts to park and recreational facilities in the area are not warranted.
3.2.3 Medical Services
The nearest available public health facility is the Hilo Medical Center (located 4.5
miles away) in Hilo, which is one of five licensed hospitals operating on the Big Island.
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Presently there are 288 beds, and Specialty services offered by Hilo Medical Center
include medical, surgical, OB/GYN, ICU, emergency room, Cancer Treatment, and long-
term care. Because of the limited size of the Project, it is not anticipated to add
significantly to the demand for emergency or daily medical care services in the Hilo area.
3.2.4 Police and Fire Protection Services
The main police station is located in Hilo, about 4 miles away. Similarly, the
nearest Hawaii County Fire Department has a station on Kawailani Street, 1.5 miles
away. This facility provides only fire and emergency medical response services. Hilo's
existing police and fire protection services should adequately accommodate the slight
increase in anticipated demand generated by the Project.
3.2.5 Water System
The Project will connect with the County's Hilo Water System. There is a County
8 inch waterline within the Ainalako Road right-of--way fronting the Property. The
Project will be served from this existing system.
3.2.6 IDrainage
There are no year-round streams, major drainage ways, or other surface water
features on the property. The Project will increase surface runoff due to the impervious
surface that accompanies residential developments. The runoff from road pavements,
driveways, and roofs will be comply with the requirements of the Department of Public
Works standards. All project generated runoffwill be disposed of on-site.
3.2.7 Sewerage System
Wastewater generated from the existing dwelling on the Property is disposed into
existing cesspools: Future single family development will comply with the Department
of Health's Wastewater System requirements..
3.2.8 Solid Waste 1Disposal
Homes within the proposed subdivision will be a source of solid waste, which
may be collected by commercial haulers and disposed at the County landfill at Hilo. Solid
waste would be collected and disposed in compliance with all applicable Federal, State,
and County rules and regulations. The Project will not cause a change in the manner of
collection and disposal, and because there is ample capacity at the County landfill to
accommodate the projected waste generated from the proposed project, no adverse
impacts are expected relative to solid waste disposal.
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3.2.9 Electrical, Telephone, and Cable Services
Electrical Power
Electrical power service would be provided by Hawaii Electric Light Company
(HELLO). Given the limited size of the proposed rural residential development and the
utility's existing and projected reserve capacity, the projected power demands for the
proposed development are not anticipated to have a significant impact on the utility's
ability to meet the growing demand of the area. The power lines for the Project will
connect with the existing lines along Ainalako Road. Coordination with the utility's
engineers well in advance of development will ensure that the provisions of electrical
power are integrated with planned utility system improvements in the area.
Telephone and Cable Service
Hawaiian Telephone Company provides telephone and other telecommunication
services to the Waiakea-uka area. The small size of the Project and the utility's existing
and projected demands for electrical and telecommunications services are not anticipated
to have a significant impact on these utility's ability to meet demand in the area.
Telephone lines for the proposed project will be installed from a connection along
Ainalako Road.
3.2.10 Vehicular Circulation/Traflic
The major roadways serving this parcel include Ainalako Road and Ainaola
Drive. Ainaloko Road has 60 foot right-of--way with approximately 16 feet of pavement.
The Project is not expected to cause any significant impacts on traffic in the area and
additional traffic related improvements are not recommended as part of the Project.
Short-term negative impacts may occur during the construction of the subdivision road
and infrastructure. Construction vehicles will slow area traffic while on the public
roadways. No closure or rerouting of existing public traffic lanes are anticipated.
4.0 ENVIIIONMENTAL ASSESSMENT AND ANALYSIS
4.1 laELATIONSHIP BETWEEN LOCAL SHOlaT-TERM USE OF THE
ENVIIaONMENT AND THE MAINTENANCE AND ENHANCEMENT OF
LONGTERM PILODUCTIVITY.
The Property is currently a litchee and macadamia nut orchard with 2 existing
single family dwellings. Development of the Property will alter the open space character
of the property, but based on the findings within this report, with the implementation of
appropriate mitigative measures, the Project will not result in any significant short-term
or long-term adverse impacts to the environment. While development of the property
will remove the land from existing agricultural use, the agricultural productivity of the
site is relatively low and there is an abundance of other lands available in the region that
are better suited for such use. Developing the property for the intended rural residential
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use will provide the benefit of enlarging the inventory of rural residential property to this
area. The development will be supported by the necessary public facilities and services,
and development would proceed in a manner that is in concert with the long-range State,
County and community plans for the region.
Development of the project will also result in socioeconomic benefits to the
community. The construction work associated with the proposed subdivision will
provide short-term direct employment in the construction industry. Public revenues from
personal and real property taxes as expected to more than offset the cost for the minimal
expansion in the need for public services necessitated as a result of the proposed
development.
4.1.2 MITIGATIVE MEASURES PROPOSED TO AVOID, MINIMIZE,
RECTIFY, OR REDUCE IMPACTS.
Two types of mitigation measures will be employed to ensure that potential
adverse environmental impacts resulting from establishment of the Project are minimized.
They can be characterized as generic and specific.
Generic mitigation measures are standard actions aimed at reducing or elimination
impacts an have already been institutionalized through County, State or Federal
regulations, codes, and ordinances. Mitigation measures of this type usually apply to
control of temporary or short-term construction impacts such as soil loss, noise, and air
quality effects. Generic mitigation measures are standard, accepted means appropriate for
minimizing temporary or limited environmental impacts.
Specific mitigation measures are generally recommended for actions that may
have residual or long-term effect, or those for which some form of monitoring or
compensation for the environmental effect are required. In terms of the Project, the
specific and generic mitigation measures that are recommended include:
~ limiting construction to dry periods to the extent practical
~ limiting construction activities to daytime hours
~ Adherence to all Federal, State, and County environmental protection, health,
safety, and construction rules and regulations
~ controlling dust by watering exposed areas and through the use of proper
stockpiling procedures
protection and preservation of archaeological and historical resources in
accordance with appropriate State and County rules and regulations, if applicable.
4.1.3 ALTERNATIVES TO THE PROPOSED DEVELOPMENT
An exploration and evaluation of the environmental impacts of all reasonable
alternative actions, particularly those that might enhance environmental quality, avoid or
reduce adverse environmental impacts, costs, and risks, was performed in order to assess
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options that might enhance environmental quality and cause fewer detrimental effects. A
discussion of these alternatives follows.
No Action Alternative
The "no action" alternative will result in no physical change to the property and
leave it in its current agricultural use. This alternative will not allow the objective of the
Project to be achieved and would deny the public the benefits associated with the
proposed development. No source of income will be brought to the owner and
consequently no increase in government revenues from higher property taxes-will be
realized.
Alternative Use
The current zoning for the property is Agricultural (A-3a). The Property, based
on its limited size and soil characteristics is, notably, not well suited for agricultural use.
As described earlier, soil studies indicate that commercial agriculture on the project site is
not economically feasible.
Also, the Project would be compatible with the County of Hawaii General Plan.
The Property is already bounded on one side by an existing residential development and
other surrounding areas are basically rural in character. The alternative use for the for the
Project would still allow for low-scale backyard gardening agricultural type activities.
Therefore, the alternative use of the Property for the Project is deemed to be a viable
alternative.
Alternative Locations
The Property has favorable site characteristics for rural residential development.
The Project is adjacent to the Sportsman's Paradise Lots and other small agricultural
acreage lots such as the Kaiulani Subdivision, and as such, would complement an existing
development pattern in the area. Infrastructure to serve the property is already in place to
the Project.
4.1.4 IRREVERSIBLE AND IRRETRIEVABLE COMMITMENTS OF
RESOURCES
The Project would not result in the irreversible and irretrievable commitment of
certain natural and fiscal resources. Major resource commitments include the land on
which the Project is located and on which the homes and roadways would be constructed,
as well as the private funds, construction materials, and manpower. They also include the
energy, water resources, and other utility resources that will be committed to
development of the Project. The impacts of using these resources should be weighed
against the expected socioeconomic benefits to be derived from the project and the
consequences of taking no action or adopting another, less beneficial use of the Property.
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Based on the above findings, the Project would result in a more appropriate land
use pattern that will further the public necessity and convenience and the general welfare,
and be consistent with the goals, policies and standards of the General Plan
5.0 AGENCIES CONTACTED
County
Planning Department
Department of Public Works
Department of Water Supply
Fire Department
Police Department
State
Department of Land and Natural Resources
State Historic Preservation Division
Department of Health
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4072363.1.SSL-1
IM~.MURA FAMILY ETAL' S RESPONSE TO THE FOLLOWING:
NO 21124 (CIV. NOS 96-189K & 96-190K)
PLAN TO PROTECT, Appellant/Cross-Appellants
vs.
STATE OF HAWAII, LAND USE COMMISSION
Appellees/Appellees
(NO. 21162 (CIV. NO. 96-190K)
Ka Pa'akai O Ka' Aina v. Land Use Commission
REPORT TO TIIE COUNTY OF ]EIAWAII PLANNING COMIdIISSION
REGARDING TIIE
PROTECTION OF VALUED CULTURAL. IIISTORICAL OR NATURAL RESOURCES
INCLUDING TRADITIONAL AND CUSTOlVIARY NATIVE IIAV~AIIAN RIGIITS
EXERCISED IN TIIE PETITION AREA.
State Land Use District Boundary Arnendneent Application
Change of Zone Application
Applicant: Irnarr~ura Faanily Etal
Request: State Land Use District Designation from "Agricultural" to "Rural"
Change of Zone frown "Agricultural 3-acre (A-3a) to Rural Agricultural .5-acre
(RA-.5a)
Tax Mae I~e~ Z-4-030: 004
CURRENT REQUEST
Tsuneko Imamura, Clifford S. Imamura, Esther T. Imamura, Clarence T. Imamura, and
Susan F. DeCleene hereinafter collectively referred to as (Owners) are seeking a State Land Use
District Boundary Amendment (SLLTDBA) from Agricultural to Rural, and a Change of Zone
from the current Agricultural (A-3 a) to Residential and Agricultural (RA-.Sa) for the
approximately 3.000 acre parcel being a portion of Grant 1160 to Edward Shigeo (deceased) and
Tsuneko Imamura, being also a portion of Lot 11001ocated in Waiakea Homesteads, 2"d Series,
South Hilo, Island and County of Hawaii identified by Tax Map Key: 2-4-030: 004 hereinafter
referred to as the (Property). The proposed SLUDBA and Change of Zone are being requested to
allow a 61ot single family residential subdivision, hereinafter referred to as the (Project) for the
Owners. The Property is not located within the County Special Management Area (SMA).
The Property is presently designated for Low Density Urban on the Land Use Pattern
Allocation Guide (LUPAG) Map of the County General Plan as confirmed by Letter from the
Planning Department dated May 1 1, 2000. As such, an amendment to the County General Plan
is not required for the Project.
407610.1.053439-00001
The Property is located on the east side of Ainalako Road within the Waiakea
Homesteads, 2nd Series, South Hilo, Hawaii. The Property site is located adjacent to the south
of the 103-lot Sportsman's Paradise Lots subdivision. Access to the Property is via Ainalako
Road which connects to Ainaola I3rive.
IAA PA' AKAI O IAA' AINA ISSUES:
Based on the above findings and the historical record of the above-referenced land use
applications, the Applicant presents the following statements in response with the requirements
of the Hawaii State Supreme Court's .criteria in the Ka Pa' Akai O Ka' Aina case.
1. The identity and scope of "valued cultural, historical, or natural resources" in the petition
area, including the extent to which traditional and customary native Hawaiian rights are
exercised in the petition area;
Discussion: The Property is partially developed with asingle-family dwelling and an
ohana dwelling (Ghana Dwelling 87-136 approved on August 27, 1987). Since the Property
has been previously grazed by cattle and extensively cleared for agricultural use, and no
archaeological features were found. based on the Applicant's knowledge of the property,
there have been no cultural, historical or natural resources to which traditional and
customary native Rawaiian rights are exercised in the petition area. In addition, the
Property or any surrounding properties are not listed on any of the County, State or
Federal Ristorical Registers. based on these factors, it is expected that no valued cultural,
historical, or natural resources exist on the Property.
There is no evidence of valued cultural, historical, or natural resources on the
parcel, nor did the records in the Planning Department or at the Department of Land and
Natural Resources, Distoric Preservation Division disclose any significant findings
attributable to the subject property. based on the above inforBnation, there are no
traditional and customary native Iawaiian rights being exercised in the petition area.
2. The extent to which those resources -including traditional and customary native
Hawaiian rights -will be affected or impaired by the proposed action; and
Discussion: As no valued cultural, historical or natural resources and no traditional and
customary native Iawaiian rights were found or being practiced in the Petition area, these
rights will not be affected or unpaired by the proposed action.
3. The feasible action, if any, to be taken by the Planning Commission to reasonably protect
native Hawaiian rights if they are found to exist.
Discussion: There is no feasible action to be taken by the Planning Commission other
than to require that if in the future, any valued cultural, historical, natural resources
4076105.1.053 43 9-00001
and/or traditional and customary native Hawaiian rights are discovered in the Petition
area, that the Applicant will report this matter to the State of Hawaii, Department of Land
and Natural Resources, Historic Preservation Division for review and assessment.
~y i Authorize Represen tive
Print Name: Steven S.C. Lim
n„'$ ~y
Date:
4076105.1.05 343 9-00001
®~P~4RTMBN`T 01= PUBLIC WOFZKS
COUNTY OF HAWAII
HILO, HAWAII
DATE : March 19, 2001
TO PLANNING DEPARTMENT
FROM ENGINEERING DIVISION C../
SUBJECT STATE LAND USE BOUNDARY AMENDMENT APP (SLU Ol-2)
CHANGE OF ZONE APPLICATION (REZ Ol-4)
Applicant: Imamura Family, et. al.
TMK: 3 / 2-4-30: 04
We have reviewed the subject application and our comments are as follows:
1. Buildings shall conform to all requirements of code and statutes pertaining to building
construction.
2. All development generated runoff shall be disposed on-site and shall not be directed toward any
adjacent properties.
3. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the
Hawaii County Code.
4. All driveway connections to a County road shall conform to Chapter 22, Streets and Sidewalks, of
the Hawaii County Code. Ainalako Road, fronting the subject property, is a County road. It has an
approximate 16-ft. wide pavement, with gravel/grass shoulders, within a 50-ft. right-of--way.
S. The proposed interior road shall conform to the requirements of Chapter 23, Subdivisions, of the
Hawaii County Code. If required, the applicant shall install street lights, signs and markings, at the
intersection of Ainalako Road and the proposed road, meeting with the approval of the DPW,
Traffic Division.
6. The subject properties are found within Flood Zone "X", according to the Flood Insurance Rate
Map dated September 16, 1988.
Should there be any questions concerning this matter, please feel free to contact Casey Yanagihara in our
Engineering Division at Ext. 8327.
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75-I000 HENRY STREET, SUITE 209 "'-ISE~ i`~;~i ( j t. ~ ~ ~ ~ I
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KAILUA-KONA, HAWAII 96745-1720 F-~
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DIRECT DIAL NO. OUR REFERENCE NO.
(808) 935-6644 037756-7
March 27, 2001
Mrs. Geraldine M. Giffin, Chairperson
County of Hawaii Planning Commission
Mr. Christopher J. Yuen, Planning Director
County of Hawaii Planning Department
25 Aupuni Street
Hilo, HI 96720
ME: Mesponse to Department of Public Works ~ Department of Health comments
State Land Use District Boundary Amendment Application
.,Change of Zone Application
Applicant: Imamura lr'amily etal
Request: State Land Use District Designation from "Agricultural" to "Mural"
Change of Zone from "Agricultural 3-acre (A-3a) to Rural Agricultural .5-
acre (RA-.Sa)
Tax 10'Iap I~ev: 2-4-030: 004
Dear Chairperson Giffin & Mr. Yuen:
ltes~onse to Department of Public Works Comments•
The Applicant, will comply with all applicable requirements of the
Department of Public Works requirements as stated in their memorandum of March 19,
2001.
Response to Departrrrent of Health comments
The Applicant shall comply with the State Department of Health .~^;Ay
requirements as stated in their memorandum of March 15, 2001.
IIT
HONOLULU KAPOLEI HILO KONA MAUI GUAM • $AIPAN - LOS ANGELES WASHINGTON, D.C. MEXICO
Mrs. Geraldine M. Giffin, Chairperson
County of Hawaii Planning Commission
Mr. Christopher J. Yuen, Planning Director
County of Hawaii Planning Department
March 27, 2001
Page 2
Thank you for this opportunity to respond to the concerns raised in the
correspondences forwarded to this office. We trust that this letter adequately responds to
the above agency comments and look forward to the presentation at the public hearing.
Should you have any further questions or concerns, please do not hesitate to
call me.
Very truly yours,
Stev .C. Lim
SSL:rhy
4078001.1.053439-00001
Enclosures
cc: Department of Public Works
State Department of Health
J~ZY'OF N?h.
gIarry Kigaa Edward Kurraatay
Mayor Fire Chiej
~P
e • ' ~
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80 Pauahi Street • Suite 101 • Hilo, Hawaii 96720 ~J J ` ~ ~ ~ ' .l
(808) 961-8297 • Fax (808) 961-8296 -
u~a:
March 23, 2001
To: Christopher J. Yuen, Planning Director
From: Edward Bumatay, Fire Chief
SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION
(SLU 01-002)
REQUEST: AGRICULTURAL TO RURAL
CHANGE OF ZONE APPLICATION (REZ 01-004)
REQUEST: AGRICULTURAL (A-3a) TO RESIDENTIAL AND
AGRICULURAL (RA-.5a)
APPLICANT: IMAMURA FAMILY, ETAL.
TAX MAP KEY: 2-4-030:004
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.
"EXCEPfiIONS: 1. When buildings are completely
protected with an approved automatic fire sprinkler
system, the provisions of this section may be modified.
"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).
= p1i COGy<
~IIfi
~~RE D~
f i .y~ e:.
To: Christopher J. Yuen, Planning Director
Page 2
March 23, 2001
"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 apparatus
access road 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: Christopher J. Yuen, Planning Director
Page 3
March 23, 2001
"(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.
"(j) Grade. The gradient for a fire apparatus access road
shall not exceed the maximum approved by the chief." (15-°s)
"(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 Section 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 Standards or standards of the National Fire
Protection Association when Uniform Fire Code Standards do
not apply.
To: Christopher J. Yuen, Planning Director
Page 4
March 23, 2001
"(c) Water Supply. An approved water supply capable of
supplying required fire flow 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) Tuning of Insta].Iation. 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."
_ ~
EDWARD LTMATAY, Fire C~.ie-
EB/mo
C.gRLSMITH BALL LLP
A LIMITED LIABILITY LA W PARTNERSHIP
75-1000 HENRY STREET, SUITE 209
P.O. Box I72o ~ ~ ~ - _i~.T
KAILUA-KONA, HAWAII 96745-1720
TELEPHONE (808) 329-6464 FAX (808) 329-9450
W W W.CARLSMITH.COM
DIRECT DIAL NO. OUR REFERENCE NO.
(808)935-6644 037756-7
April 6, 2001
Mrs. Geraldine M. Giffin, Chairperson
County of I-Iawaii Planning Commission
Mr. Christopher J. Yuen, Plarming Director
County of Hawaii Planning Depart><nent
25 Aupuni Street
Hilo, HI 96720
RE: Response to Fire Department comments
State Land Use District Boundary Amendment Application
Change of Zone Application
Applicant: Imamura Family etal
Request: State Land Use District Designation from "Agricultural" to "Rural"
Change of Zone from "Agricultural 3-acre (A-3a) to Rural Agricultural.5-
acre (RA-.Sa)
Tax 11'Iap 1Key: 2-4-030: 004
Dear Chairperson Griffin & Mr. Yuen:
Response to Fire Department Comments:
The Applicant, will comply with all applicable requirements of the Fire
Department requirements as stated in their memorandum of March 23, 2001.
Thank you for this opportunity to respond to the concerns raised in the
correspondences forwarded to this office. We trust that this letter adequately responds to
the above agency comments and look forward to the presentation at the public hearing.
HONOLULU KAPOIEI HILO KONA MAUI GUAM SA IPAN LOS ANGELES WASHINGTON, D.C. MEXICO
Imo:.: ~ h~''~ p
Mrs. Geraldine M. Giffin, Chairperson
County of Hawaii Planning Commission
Mr. Christopher J. Yuen, Planning Director
County of I~awaii Planning Department
Apri16, 2001
Page 2
Should you have any further questions or concerns, please do not hesitate to
call me.
Very ours,
~
Steven S.C. Lim
SSL:rhy
4078334.1.0 S 3 439-00001
Enclosures
cc: Fire Department
<E..~. F..N4
~P: q 195H. e~9
BENJAMIN J. CAYETANO ~ i
GOVERNOR t fI BERT SARUWATARI
o: ~ /~r° ACTING EXECUTIVE OFFICER
'fb~ ro-e
~e
a7TATl~ ®f ~P4YY'6'1~~
DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT & TOURISM
LAND l1SE CORAMISSION _
P.O. Box 2359 ~ _
Honolulu, HI 96804-2359 ~ ~ '
Telephone: 808-587-3822 i
Fax: 808-587-3827
l
April 6, 2001 ~ ^!3
Mr. Christopher Yuen, Director - - - ~
Planning Department ~
County of Hawaii
25 Aupuni Street, Room 109
Kilo, Hawaii 96720
Dear Mr. Yuen:
Subject: State Land Use Boundary Amendment Application (SLU 01-002)
Request: Agricultural to Rural
Change of Zone Ordinance Application (REZ O 1-004)
Request: Agricultural (A-3 a) to Residential and Agricultural (RA-.Sa)
Applicant: Imamura Family, et al
TMK: 2-4-03 0: 004
~7a-ia.kPa, 4nuth Hiln~ Hawaii
We have reviewed the subject applications as transmitted by your memorandum dated
March 12, 2001, to reclassify and rezone the subject parcels for the development of an
approximately 6-lot single family rural-agricultural subdivision at Waiakea, South Hilo, Hawaii.
Ewsed upon review afthe subject applications, we have the following comriients:
1. The subject parcel appears to be in the State Land Use Agricultural District as described in
Exhibit A of the subject applications.
2, In light of the location of the subject parcel adjacent to an existing subdivision in the State
Land Use Urban District and its access to an urban level of services, the Applicant should
clarify whether a reclassification request to the Urban District maybe more appropriate.
3. We suggest that the Applicant include verification from the County of Hawaii Planning
Department or the State Historic Preservation Division, Department of Land and Natural
.Resources, that the property does not contain significant archaeological, historical, or
cultural features.
~OOfi _
Mr. Christopher Yuen
April 6, 2001
Page 2
We have no further comments to offer at this time. We appreciate the opportunity to
comment on the subject applications.
If you have questions regarding this matter, please contact me or Russell Kumabe of our
office at 5 87-3 822.
Sincerely,
$ERT SARU6VATARI
Acting Executive Officer
CARLSMITI~ BALL LLP
A LIMITED LIABILITY LAW PARTNERSHIP
u1 r;<+'f? +r
i 1 cn
J
75-1000 HENRY STREET, SUITE 209 r
P.O. Box i 72o Gam, ~ . , , _ t`=`~`~ r
n,
KAILUA-KONA, HAWAII 96745-1720 ~a,:
TELEPHONE (808) 329-6464 FAX (808) 329-9450
W W W.CA R LSM ITH.COM
DIRECT DIAL NO. OUR REFERENCE NO.
(808)935-6644 037756-7
Apri123, 2001
Mrs. Geraldine M. Giffin, Chairperson
County of Hawaii Planning Commission
Mr. Christopher J. Yuen, Planning Director
County of Hawaii Planning Department
25 Aupuni Street
Hilo, HI 96720
RE: Response to Land Use Commission comments
State Land Use District Boundary Amendment Application
Change of Zone Application
Applicant: Imamura Family etal
Request: State Land Use District Designation from "Agricultural" to "Rural"
Change of Zone from "Agricultural 3-acre (A-3a) to Rural Agricultural.5-
acre (RA-.Sa)
Tax Map Ivey: 2-4-030: 004
Dear Chairperson Giffin & Mr. Yuen:
Response to Land Use Commission Comments:
With respect to comment no. 2, the relatively small (6) lot subdivision is
within an area that has uses and activities that are characterized by low-density residential
lots. The surrounding area around the Sportsman's Paradise Lots subdivision is generally
Agricultural in character and nature with lot sizes ranging from 1 acre to 5 acres in size.
The Sportman's Paradise Lots subdivision is apre-existing subdivision surrounded by
rural and agricultural areas. Therefore, the project would be more suitable to the land use
pattern in the area with the "Rural" designation.
HONOLULU KAPOLEI - HILO KONA - MAUI - GUAM - SAIPAN - LOS ANGELES WASHINGTON, D.C MEXICO
~ .Vy
a
Mrs. Geraldine M. Giffin, Chairperson
County of Hawaii Planning Commission
Mr. Christopher J. Yuen, Planning Director
County of Hawaii Planning Department
Apri120, 2001
Page 2
With respect to comment no. 3, as noted in the Applicants petition, "Since
the Property has been previously grazed by cattle and extensively cleared for agricultural
use, and no archaeological features were found or are listed on any of the County, State or
Federal Historical Registers, it is expected that no archaeological features exist on the
Property. There is no evidence of historical or cultural features on the parcel, nor did the
records in the Planning Department or at the Department of Land and Natural Resources,
Historic Preservation Division disclose any significant findings attributable to the subject
property. Based on the above information, there is no potential impact to the historical
and archaeological resources on the project area."
However, the Applicant, will comply with the Planning Commission
standard condition of approval that should any historical, archaeological sites or features
be encountered during any construction phase of the proposed subdivision, they will
notify the Department of Land and Natural Resources, Historic Preservation Division as
well as the Planning Department. All work will cease until clearance has been obtained
from both agencies.
Thank you for this opportunity to respond to the concerns raised in the
correspondence forwarded to this office. We trust that this letter adequately responds to
the above agency comments and look forward to the presentation at the public hearing.
Should you have any further questions or concerns, please do not hesitate to
call me.
Very s,
v~
Steven S.C. L'
SSL:rhy
407 8778.1.0 53 43 9-000 O 1
cc: Land Use Commission
CARLSMITI---I BALL LLP
A LIMITED LIABILITY LAW PARTNERSHIP
75-1000 HENRY STREET, SUITE 209
P.O. Box 1720
KAILUA-KONA, HAWAII 96745-1720
TELEPHONE (808) 329-6464 FAX (808) 329-9450 4 ~
WWW.CARLSMITH.COM -
_ C
DIRECT DIAL NO. (808) 935-6644 -
-
March 16, 2001
Mrs. Geraldine M. Giffin, Chairperson
County of Hawaii Planning Commission .
Mr. Christopher J. Yuen, Planning Director
County of Hawaii Planning Department
25 Aupuni Street
Hilo, Hawaii 96720
Re: Letter of Support from Surrounding Property Owners
State Land Use District Boundary Amendment Application
-Change of Zone Application
Applicant: Imamura Family etal
Request: State Land Use District Designation from "Agricultural" to "Rural"
Change of Zone from "Agricultural 3-acre (A-3a) to Rural Agricultural .5-acre (RA-.Sa)
Tax Man Kev: 2-4-030: 004
Dear Chairperson Giffin & Mr. Yuen:
We have enclosed a "Letter of Support" from an adjacent landowner, we
received for the above-referenced land use applications. Please include this as part of
your public hearing proceedings. Thank you for your cooperation.
Should you have any questions, please call me.
Ver j ours,
D~
St ven S.C. m
SSL:rhy
Enclosure ry,c:
4077702.1.053439-00001
HONOLULU KAPOLEI - HILO KONA MAUI GUAM ~ SAIPAN LOS ANGELES WASHINGTON, D.C. MEXICO
March 9, 2001
Mrs. Geraldine M. Giffin, Chairperson
County of Hawaii Planning Commission
Mr. Christopher J. Yuen, Planning Director
County of Hawaii Planning Department
25 Aupuni Street
t`-Iiio, Hawaii 96720
Re: State Land Use District Boundary Amendment Application
Change of Zone Application
Applicant: Imamura Family Etal
Request: State Land Use District Designation from "Agricultural" to "Rural"
Change of Zone from "Agricultural 3-acre (A-3 a) to Rural Agricultural .5-acre (RA-.Sa)
Tax Maas Kev: 2-4-030: 004
We are adjacent landowners to the above-referenced property. We would like the
Planning Department and Planning Commission that we support the efforts of the Imamura
Family to rezone their lands to the above designations.
Thank you for the opportunity to comment on these applications.
Sincerel , ~
~'e:-
y
)<,~rrin Chock
/ ~ t
Naomi Chock 11..
~~ti~'~~ .III
PLANNING DEPT.
C)IZI~II~TAI~C~ l~T~.
AN ORDINANCE AMENDING THE STATE LAND USE BOUNDARIES MAP, H-66 FOR
THE COUNTY OF HAWAII, BY CHANGING THE DISTRICT CLASSIFICATION FROM
THE AGRICULTURAL TO THE RURAL DISTRICT AT WAIAKEA, SOUTH HILO,
HAWAII, COVERED BY TAX MAP KEY 2-4-30:004.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. The State Land Use Boundaries Map, H-66 for the County of Hawaii, is
amended to change the district classification of property described hereinafter as follows:
The district classification of the following area situated at Waiakea, South Hilo,
Hawaii, shall be Rural:
Beginning at the Southwest corner of this parcel of land, being also the Northwest
corner of Lot A-2 and on the easterly side of Ainalako Road, the coordinates of said point
of beginning referred to Government Survey Triangulation Station "HALAI" being
18,860.02 feet South and 884.74 feet East, thence running by azimuths measured
clockwise from true South:
1. 180° 04' 165.02 feet along the easterly side of Ainalako
Road;
2. 265° 40' 657.53 feet along a portion of Grant 8653 to
Charles H. Will, being also along a
portion of Sportsman's Paradise
Lots;
3. 355° 40' 196.83 feet along the remainder of Grant 11610
to Edward Shigeo and Tsuneko N.
Imamura, being also along the
remainder of Lot 1100, Waiakea
Homesteads, 2"d Series (Lot A-2);
4. 85° 40' 640.28 feet along same;
5. Thence along the same on a curve to the right with a radius of 30.00 feet, the
chord azimuth and distance being
132° 52' 44.02 feet to the point of
beginning and containing an area of
3.000 Acres.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 3. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
APPROVED AS TO FORM AND LEGALITY
CORPORATION COUNSEL
DATED:
-2-