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HomeMy WebLinkAboutCOM 0255.000 1996-1998 CARLSMITH BALL WICHMAN CASE ~ ICHIIQ ATTORNEYS AT LAW ~ A PARTNERSHIP INCLUDING LAW CORPORATIONS ~ ! - - 121 WAIANUENUE AVENUE '97 III II 16 r-`~ 2 u5 POST OFFICE BOX 686 HILO, HAWAII 96721-0686 _ _ (~i~lJ ~l ~ ~1 ~JI- fl~V~~d{~~~ TELEPHONE (606) 935-661G DIRECT DIAL NO. FAX (8081935-7975 OUR REFERENCE NO. 371 037756-7 April 16, 1997 LAND DELIVERED James Arakaki Chairperson Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 Bobby-Jean Leithead-Todd Chairperson, Planning Committee Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 Re: Change of Zone Application (REZ 94-17) Applicant: Kamehameha Investment Corporation Request: Unplanned to RS-15 Tax M ,n Key: 7-8-10:portion of 50 (21.319 acres) Dear Chairpersons Arakaki and Leithead-Todd: This will introduce myself as the attorney for applicant Kamehameha Investment Corporation (hereinafter "KIC") in the above-referenced Change of Zone Application (REZ 94-17) pending before the Hawaii County Council, for rezoning of approximately 21.319 acres of land from an Unplanned (U) to a Single Family Residential-15,000 square foot (RS-15) designation. r~ Ya aLS5 D'Ib P(a. ZK6,~kN 2001425.L037756-7 ~b1 R~L r>~ ~(2 ) s HONOLULU KAPOLEI HILO KONA • MAUI • GUAM 6AIPAN LOS ANGELES WASHINGTON, D.C. • MEXICO CITY F HAND DELIVERED James Arakaki, County Council Chair B.J. Leithead-Todd, Planning Committee Chair April 16, 1997 Page 2 As background, the project site is located mauka of the Keauhou Estates subdivision on the mauka side of Kealii Street, approximately 600 feet from its intersection with Kamehameha III Road. It is located within the State Land Use "Urban" District, and is designated "Urban Expansion" on the Hawaii County General Plan LUPAG Map. Applicant KIC is contemplating a 45-lot residential subdivision and related improvements on the site. On February 16, 1995, the Hawaii County Planning Commission issued Special Management Area (SMA) Use Permit No. 354 for construction of the proposed 45-lot residential subdivision and related improvements. Attached for your reference is a copy of the Planning Commission's SMA Use Permit approval letter dated March 1, 1995. On February 16, 1995, the Planning Commission also voted to recommend approval by the County Council of the subject rezoning application, subject to conditions adopted at its hearing of even date. Also attached for your reference is a copy of the Planning Commission's March 2, 1995 recommendation letter to the County Council. Applicant KIC hereby respectfully requests that its rezoning request be set for hearing by the County Council as soon as is practicable, pursuant to Section 6 of Ordinance No. 96-160, which amended Chapter 25 of the Hawaii County Code relating to "Zoning" effective December 7, 1996, providing that: "SECTION 6. Any application for a zoning amendment filed by a property owner which, as of December 1, 1996, has been determined by the Planning Director to be accepted for processing, may, at the property owner's request, continue to be processed in accordance with the Zoning Code in effect as of the date of the Director's acceptance of such application; provided, however, that any provisions of the Zoning Code adopted by this ordinance relating to (a) notice to 2001425.1.037756-7 HAND DELIVERED James Arakaki, County Council Chair B.J. Leithead-Todd, Planning Committee Chair April 16, 1997 Page 3 the public, neighboring property owners and lessees and (b) the procedures for processing a zoning amendment application shall apply. In the event that a zoning amendment request, processed pursuant to this section, is not forwarded by the Commission through the Mayor to the Council by the adoption of an ordinance within six months from the effective date of this ordinance, the requested amendment must thereafter be processed in accordance with the provisions of the Zoning Code adopted by this ordinance." Pursuant to Section 6 of Ordinance No. 96-106 above, an ordinance rezoning the project site from an Unplanned to an RS-15 designation needs to be adopted by the Council no later than June 6, 1997, in order to comply with the above requirements. Therefore, an early hearing by the Council of the subject rezoning proposal is being respectfully requested herein. Please do not hesitate to contact me at 935-6644, should you have any questions concerning the subject change of zone application. Thank you for your consideration in this matter. Very truly yours, CARLSMITH BALL WICHMAN CASE & ICHIKI STE EN .C. IM SSL:JEC/Enclosure cc: Joseph Reynolds, Councilman, South Kona District Joseph Spencer, Kamehameha Investment Corporation Rene Ojiri-Kitaoka, Esq., Kamehameha Investment Corporation 2001425.1.037756-7 J~" u, Fah C~.' Lam. ~~i Ll.<: • $¢pT,en K. Yamuhiro Mayor • iii or'M C~IIlznfg u~ ~.ttiu~i~ PLANNING COMMISSION 25 Aupuni $areet, Room 109 Hilo, H~w.ii 9fi720-4252 (808) 96i-8288 F.x (808) 961.9615 CERTIFIED MAIL MAR 0 1 1995 Y Mr. Wallace Tirrell Kamehameha Investment Corporation 567 South King Street, Suite 120 Honolulu, HI 96813 Dear Mr. Tirrell: Special Management Area (SMA) Use Permit Application 354 (94-5) Applicant: Kamehame•Iia Investment Corp~ation Recruest: To Allow Development of a 45-Lot Single Family Residential Subdivision Tax Man Kev: 7-8-10:Portion 50 The Planning Commission at its duly held public hearing on February 16, 1995, voted to approve the above-referenced application. Special Management Area Use (SMA) Permit No. 354 is hereby issued to construct a 45-lot residential subdivision and related improvements on the mauka side of Kealii Street, mauka of the Keauhou Estates Subdivision, approximately 600 feet from its intersection with Kamehameha III Road, Keauhou, North Kona, Hawaii. AD~roval of this request is based on the following: , The purpose of Chapter 205-A, Hawaii Revised Statutes, and Rule 9, Specia] Management Area Rules and Regulations of the County of Hawaii is to preserve, protect, and, where possible, to restore the natural resources of the coastal zone areas. Therefore, special controls on development within an area along the shoreline are necessary to avoid permanent loss of valuable resources and the foreclosure of management options. One of the criteria for approving a development within the Special Management Area (SMA) is that it is consistent with the General Plan and Zoning Code. Approval of the requested Special Management Area Use Permit would conform to the General Plan's Q <~~'JJ F1AF. 0 1 1995 Mr. Wallace Tirrell Page 2 Land Use Pattern Allocation Guide (LUPAG) Map which designates the affected area as an Urban Expansion PYea. An Urban Expansion Area allows for a mix of high, medium and low density, industrial and/or open designations in areas where new settlements may be desirable, but where the specific pattern ant mix of uses have not yet been determined. The proposed single family residential development is consistent with a Low Density Urban designation. The General Plan also recognizes the affected area as a Major Resort Area, which is a resort area where basic and support facilities are provided to support an er_tire resort development. Such a designation may allow for Low Density Urbar. uses, ,provided the goals, policies and standards of the General Plan.are met. As the accompanying favorable ' recommendation for the reosested change of zone to a Single Family Residential-zoned district indicates, the Planning Director concludes that approval of this SMA Use Permit reosest will r_ot be inconsistent with the general purpose of the Zoning Code and the General Plan, provided adequate mitigating conditions are met. Another criteria for the granting of an SMA Use Permit is that "The development will not have any significant adverse environmental or ecological effect, except as such adverse effect is minimized to the extent practicable and clearly outweighed by public health, safety, or compelling public interest. Such adverse effect shall include, but not limited to, the potential cumulative impact of individual developments, each of which taken in itself might not have a substantial adverse effect and elimination of planning options." Endang=red species of flora or fauna or their special habitats were not located or identified within the project site. Only incigenous plants and animals were observed. Wastewater generated by the development will be accommodated within the County's Keauhou Wastewater Treatment Plant in Heeia. Air emissions generated during the construction phase can be mitigated by existing construction regulations. Therefore, impacts to the physical environment within the immediate area which may be generated by the proposed subdivision development will be minimal. The project site is located approximately 3,500 feet from the shoreline. Runof£ or discharge generated by the proposed subdivision development which could reach ocean waters can be handled by on-site drainage improvements meeting with the approval of the Department of Public Works. Potential adverse impacts to coastal waters from soil erosion and runoff during site preparation and construction can be adequately mitigated through compliance with existing construction regulations. The location of the project site far from coastal areas coupled with the provision of on-site drainage improvements and compliance with existing governmental regulations to control runoff, drainage, erosion and wastewater disposal would mitigate any ' Mr. Wallace Tirrell Page 3 adverse impact to the region's environment or the ecology of the area's coastal waters. The proposed development will not have an adverse impact to cultural or historical resources within the area. An intensive archaeological inventory survey of the project site was conducted in May and April 1991 by International Archaeological Research Institute, Inc. Four new archaeological sites and one known archaeological site were discovered within and adjacent to the project site. The one known site is an old, abandoned railroad bzrm which runs outside and in a north-south direction along the entire eastern (mauka) boundary of the project site. This railroad berm, which is part of a large berm which runs for several miles to the south of the project site, was constructed in the early 1920's by the West Hawaii Railroad and is considered to be historically and ,culturally significant and is recommended to be preserved. Two of the newly identified sites, which consist of walls, terraces, mounds and enclosures, appear to have been used for agricultural purposes. The third site is associated with past cattle ranching activities. The two agriculturally-related and one ranching-related sites are considered significant solely for their information content. Further data collection is recommended by the applicant for the two agriculturally-related sites consisting of walls, terraces, mounds and enclosures, No further data collection is recommended for the one site associated with cattle ranching. The last of the newly discovered sites is a lava tube within which two burials were found. The applicant will comply with the recommendation of the Hawaiian Island Burial Council to cover the burials with cloth with the lava tube containing the burials to be collapsed. The ground surface above the collapsed lava tube will then be left in a natural state and protected by means of ar. ensement. A Historic Preservation Mitigation Plan containing the mitigative measures discussed above has been prepared by the applicant and is currently being reviewed by the Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPD) This favorable recommendation is subject to the acceptance and proper implementation of an archaeological mitigation plan by the DLNR-HPD prior to the issuance of Final Subdivision Approval or the commencement of any land alteration activities within the project site. Due to the location of the project site approximately 3,500 feet from the shoreline and down gradient of the Kuakini Highway, coastal viewplanes within the area will not be significantly affected by the proposed development. With a maximum permitted building height of 35 feet within the Single Family Residential-zoned district, the development of this new subdivision is not expected to interfere with existing viewplanes from the Kuakini Highway. The proposed development ~ a Mr. Wallace Tirrell Page 4 will not adversely impact public access to and along coastal areas due to its extreme distance from the shoreline. Based on the above, the proposed development of a 45-lot single family residential subdivision consisting of 15,000- square-foot parcels will not have a substantial adverse impact on the surrounding area, nor will its approval be contrary to the objectives and policies of Chapter 205-A, HRS, relating to Coastal Zone Management and Rule 9 of the P1arnina Commission relating to the Special Management Area. Approval of this request is subject to the following conditions: f 1. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. 2. A final archaeological inventory survey report and mitigation plan shall be prepared and submitted for approval by the Planning Director, in consultation with the Department of Land and Natural Resources-Historic Preservation Division, prior to submittal of plans for subdivision review or any land alteration activities within the project site. The applicant shall obtain written verification from the Department of Land and Natural Resources-Historic Preservation Division that the applicable portions of the approved plan have been properly executed, prior to the issuance of Final Subdivision Approval or commencing any land altering activities within the project site. 3. Should any unidentified sites or remains, such as artifacts, shell, bone or charcoal deposits, human burials, rock or coral alignments, pavings or wall be encountered, work in the affected area shall cease and the Planning Department immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Department when it finds that sufficient mitigative measures have been taken. 4. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director shall initiate the revocation of the permit. This approval does not, however, sanction the specific plans submitted with the application as they may be subject to change given specific code and regulatory requirements of the affected agencies. ~ v Mr..Wallace Tirrell Page 5 Should you have any questions, please feel free to contact Connie Kiriu or Daryn Arai of the Planning Department at 961-8288. Sincerely, Wilton K. Wong, Chairman Planning Commission CRK:syw LKAMEH03.PC xc: Honorable Stephen K. Yamashiro, Mayor Planning Director Mr. Glen Koyama/Belt Collins HawaY. Department of Public Works Department of Water Supply County Real Property Tax Division West Hawaii Office Office of State Planning, CZM Program w/background Department of Land and Natural Resources Plan Approval Section .r JM{Y Oi y,~ L~: Stephen K. Yamashiro Mnyor - +i 1,i. a...M'f ~uunfg of ~tziutzii PLANNING COMMISSION 25 Aupuni Street, Room 109 Hilo, ]iiW~ii 96720.1252 (808) 961-8288 Fu (808) 961.96!5 March 2, 1995 Honorable Elroy T. L. Osorio, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Osorio and Members: Change of Zone Application (REZ 94-17) Applicant: Kamehameha Investment Corporation Request: Unplanned to RS-15 Tax Man Kev: 7-8-10:Portion of 50 The Planning Commission, after a du~"y.held public hearing on February 16, 1995, voted to forward a favorable recommendation on the proposed legislative bill to change the district classification for 21.319 acres of land from an Unplanned (U) to Single Family Residential (RS-15) zoned district at Keauhou, Hawaii. According to the application submitted, the change of zone, should it be approved, would allow for the subdivision of the project site into forty-five 15,000 square-foot lots. According to the application, "The proposed >Jroiect is intended to replenish the supply of residential lots to meet the present and near-future demand of residential units in the resort and to fulfill KIC's (applicant's] 1onQ-term Qoal of developing a master-planned, resort-residential communitN." The proposed residential subdivision "will contain 45 sincrle-family residential lots within a landscaped, gated community." The applicant has stated that a restriction on the construction of a second single family dwelling on the subdivided lots will be included as a deed covenant. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The Land Use Pattern Allocation Guide (LUPAG) map component of the General Plan is a representation of the ~ • Honorable Elroy T. L. Osorio & Members of the County Council Page 2 document's goals, policies, standards, and course of action. It is also a graphic depiction of the physical relationships among the various land uses. The LUPAG map establishes the basic land use pattern for areas within the County. The requested zone change conforms to the General Plan's Land Use Pattern Allocation Guide (LUPAG) map which designates the project site and surrounding lands as an Urban Expansion Area. Such a designation may allow for mix of high, medium and low density urban uses and Industrial and/or Open designations in areas where new settlements may be desirable, but where specific settlement patterns and mix of uses have not yet been determined, provided the goals, policies and standards of the General Plan are met. The requested change of zone to a Single Family Residential zoned district conforms with a~Low Density Urban designation and is consistent with the uses specified within the Urban Expansion Area. 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 big made to better time or stage develogments~to achieve .quality growth. The implications of these evaluations and decisions must also be considered as they may have an impact on other similar areas in the County. Approval of the requested change of zone to a Single Family Residential (RS-15) zoned district will conform to the following goals, policies and standards of the Land Use and Residential Elements of the General Plan: o Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. o Zone urban- and rural-types of usds in areas with ease of access to community services and employment centers aid with adequate public utilities and facilities. o Zoning request shall be reviewed with respect to General Plan designation, district goals, regional clans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. o To maximize choices of single-family residential lots and/or housing for residents of the County. Honorable Elroy T. L. Osorio & Members of the County Council Page 3 o To ensure compatible uses within and adjacent to single-family residential zoned areas. o To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. o Areas shall have basic improvements and amenities necessary for immediate use. The change of zone, should it be approved, will allow for a proposed subdivision development which will provide for a variety of housing choices within this section of Keauhou as well as attaining a,diversity of socio-economic housing mix. As a Major Resort Area, the Keauhou-Kahalu'u area contains an established mix of single-family residential and multiple-family residential units. To further enhance the diversity of housing units within this region, it is recommended that the applicant develop an affordable housing plan consistent with the County's Affordable Housing Policy (Resolution No. 65) Compliance with the County's affordable hosing policy would compliment the following goals and policies .of the Housing Element of the General Plan: o Attain a diversity of socio-economic housing mix throughout the different parts of the County. o Maintain a housing supply which allows a variety of choice. o 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. o The County shall work with, encoutage, and support the private sector efforts in the provision of affordable housing. The project site is located directly east (mauka) of the existing Keauhou Estates Subdivision, which consists of 15,000+ square-foot lots on lands zoned RS-15. Lands located approximately 2,200 feet to the southwest of the project site was rezoned to an RS-15 zoned district in 1992 to accommodate the development of a 51-lot single family Yesidential subdivision also consisting of 15,000+ square- foot lots. Approval of the subject request would be consistent with other single family residential developments , Honorable Elroy T. L. Osorio & Members of the County Council Page 4 located within the immediate area while complimenting the social and physical environments already established along this portion of Kealii and Kaluna Streets. The Kona Regional Plan, adopted by Resolution in 1982, identifies the project site as being located within an area designated for residential uses with a density of 4 units ner acre. The requested change of zone, should it be approved, would allow for a density not to exceed 3 residential units per acre. Therefore, the project site is complimentary to the land use pattern proposed for this portion of Keauhou by the Kona Regional Plan. The applicant proposes to incorporate a covenant within the deeds of the subdivided lots which will restrict the construction of a second single family dwelling. This approval recommendation will also incorporate this restriction as a condition of approval to ensure that the proposed development is consistent with representations made by the applicant as part of this change of zone request as well as to ensure a proper and accurate analysis of the request against the guidelines for approving a change of zone. The project site is situajtgd in reasonable close proximity to-schoois, employment, shopping, medical facilities, police and fire protection which are provided within the urbar. center of Kailua, located approximately 3 miles to the north. Keauhou Shopping Center is located nearby along Kamehameha III Road. Park facilities will not be provided within or in the immediate vicinity of the project site. While regional park facilities are available within a reasonable distance from the project site along the coastal areas of Keauhou and Kahalu'u, neighborhood or community parks are not readily available to the residents of the proposed subdivision development or the existing Keauhou Estates Subdivision. This approval recommendation includes a condition requiring the applicant to comply with the requirements of the Park Dedication Code. This condition will assist the County to provide park facilities in a manner consistent with a standard of the Recreational Element of the General Plan to "Provide open space in urbanizing areas for the oeneral aesthetic eniovment of the outdoors olav areas for young children, and a social Qathering D1ace for the neighborhood." There are no endangered or threatened candidate species of flora or fauna found within the project site, nor has the project site been identified as a significant botanical or biological habitat. c Honorable Elroy T. L. Osorio & Members of the County Council Page 5 An intensive archaeological inventory survey of the project site was conducted in May and April 1991 by International Archaeological Research Institute, Inc.. Four new archaeological sites and one known archaeological site were discovered within and adjacent to the project site. The one known site is an old, abandoned railroad berm which runs in a north-south direction outside and along the entire eastern (mauka) boundary of the project site. This railroad berm, which is part of a large berm which runs for several miles to the south of the project site, was constructed in the early 1920's by the West Hawaii Railroad and is considered to be historically and culturally significant and is recommended to be preserved. Two of the newly identified sites, which consist of walls, terraces, mounds and enclosures, appear to have been used for agricultural purposes. The third site is associated with past cattle ranching activities. The two agriculturally-related ar_d one ranching-related sites are considered significant solely for their information. content. Further data collection is recommended by the applicant for the two agriculturally- related sites consisting of walls, terraces, mounds and enclosures. No further data collection is recommended for the one site associated with c~tle ranching. The last of the newly discovered sites is a lava tube within which two burials were found. The applicant will comply with the recommendation of the Hawaiian Island Burial Council to cover the burials with cloth with the lava tube containing the burials to be collapsed. The ground surface above the collapsed lava tube will then be left in a natural state and protected by means of an easement. A Historic Preservation Mitigation Plan containing the mitigative measures discussed above has been prepared by the applicant and is currently being reviewed by the Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPD) This favorable recommendation is subject to the acceptance of an archaeological mitigation plan by the DLNR-HPD prior to the issuance of Final Subdivision Approval or the commencement of any land alteration activities within the project site. Transportation facilities within the affected area are able to accommodat=_ traffic generated by the proposed subdivision development. Kamehameha III Road, a County roadway having a pavement width of approximately 24 feet with 8-foot wide paved/gravel shoulders within a 100-foot wide right-of-way, connects Kuakini Highway with the coastal resort community of Keauhou. Access from Kamehameha III Road to the project site is via Kealii Street, a private roadway with a pavement width of 20 feet within a 50-foot wide right-of-way. Kaluna Street, also 'a private roadway with a pavement width of 40 feet within a 60-foot wide Honorable Elroy T. L. Osorio & Members of the County Council Page 6 right-of-way, provides access from the project site going southwest and eventually connecting to Alii Drive/Highway. A Traffic Impact Assessment Report was conducted by the applicant which concluded that the proposed development will have no severe adverse impacts to traffic along these roadway systems or their respective intersections with Kamehameha III Road or Alii Highway. The Departments of Transportation and Public Works did not express any concern regarding traffic generated by the proposed development and did not specify the need for additional roadway improvements along these area roadways and intersections. The Department of Transportation (DOT) did mention, however, that it is aware of the applicant's total master-planned development for the Keauhou-Kahalu'u area which will have an adverse impact to the area's roadway nstwork as it is developed. Aside from this specific change of zone request, the DOT recommends that a Traffic Impact Analysis Report for the applicant's total master-planned development be conducted to determine the specific mitigative measures to be required of the applicant. The Department of Education (DOE) has determined that a fair-share contribution for fa~lities improvements will not be required Qf the applicant ~in¢e the proposed subdivision development will contain less than SO residential units. The DOE stated that it will monitor other developments within the region and will determine a fair-share contribution based upor_ the cumulative impact of the applicant's other residential developments as they are proposed. Water to the proposed subdivision development will be provided by the County's water. system. A water commitment payment has already been submitted to the Department of Water Supply and a water commitment formally issued to the applicant. Wastewater generated by the proposed subdivision development will be accommodated within the County's Keauhou Wastewater Treatment Plant _.n Heeia. As recommended by the Department of Public works, a solid waste management plan will be required of the applicant to promote the reduction of solid waste to be generated by the proposed subdivision development by SOo by the Year 2000. All other essential utilities and services are or will be made available to support the proposed residential development. Honorable Elroy T. L. Osorio & Members of the County Council Page 7 Based on the foregoing, approval of the change of zone request would result in an appropriate land pattern that will further the necessity, convenience and welfare of the general public. For your favorable consideration, an amendment to Section 25-87, the North Kona Zone Map, of the County Zoning Code is transmitted. We are enclosing a copy of the application and a ccpy of the staff background for your information. Sincerely, Wilton K. Wong, Chairman Planning Commission CRK:syw LKAMEH02.PC Enclosures _ xc: Honorable Stephen K. Yamashiro; Mayor Planning Director Mr. Wallace Tirrell Mr. Glen Koyama/Belt Collins Hawaii Department of Public Works Department of Water Supply west Hawaii Office Department of Land & Natural Resources