HomeMy WebLinkAboutCOM 0243.000 1996-1998 it a ww~~,,~~
; ~
~L~'~~'~`4, William G. Davis
Managing Director
Stephen K. Yamashiro
Mayor 1 i• Henry Cho
~K,b~ ^r.~p` ~ " 'Deputy Mamging Director
fi~n~tnfg 1z~ ~tt~utttt C;_, , , _ ,
25 Aupuni Street, Room 215 Hilo, Hawaii 96720-4252 (BOB) 961-8211 •C~ic f~QB) ~61~53 i ,
KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740
(808)329-5226 • Fax (808)326-5663
April 7, 1997
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 96-13)
Request: Agricultural to Urban
Change of Zone Application (REZ 96-32)
Request: A-Sa to RS-10
Applicant: Harry Foster Irrevocable Trust
Tax Man Key• 7-3-5.99 100. 101
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 applications.
incer ly, •
fit/ Stephen K. Yamashiro
/(xJj Mayor
AK: syw
LFoste0l.MAY
Enclosures
cc: Planning Commission
SLU 96-13 &REZ 96-32
Iji l1 S 7~ T 7 3 ;iyn-.n0. Lio. a ~ ~
Bike it®._ ZN.pT r ~ _
APR p g 1837,
l~ ?l:.~tc _
Stephen K. Yamashiro
Mayor •b
R or wR
(t~uix~tfg >a~ ~ttfirttii
PLANNING COM110SSION
zs ~~pun~ Street, Room i09 • lub, w..e %rzo.~zsz
(BOB) %1.8288 Fix (808) %1-%15
t4F€~ G 1991
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 96-13)
Request: Agricultural to Urban
Change of Zone Application (REZ 96-32)
Request: A-Sa to RS-10
Applicant: Harry Foster Irrevocable Trust
Tax Many: 7-3-5:99. 100. 101
The Planning Commission, after a duly held public hearing on March 20, 1997, voted to
recommend for your approval the proposed legislative bills to change the State Land Use
district from Agricultural to Urban and a Change of Zone from Agricultural (A-Sa) to Single
Family Residential (RS-10). The property, consisting of approximately 5.919 acres of land, is
located on the makai side of Mamalahoa Highway and north of Kona Palisades Subdivision,
approximately 429 feet north of Ka'iminani Drive and borders Ke'oke'o and Oneone Streets at
Kalaoa 4th, North Kona, Hawaii.
The Commission concurs with the following findings as recommended by the Planning
Director:
4tate i and Use Boundar~Amendment
The approval of the reclassification from the State Land Use Agricultural to the
Urban District, as well as the change of zone of the property from an Agricultural
(A-Sa) to Single Family Residential (RS-10) zoned district, will not be violative of
Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will the reclassification
actions be inconsistent with the Hawaii Land Use Commission Rules, the Hawaii State
Plan and the County General Plan. According to the Hawaii Land Use Commission
Rules, one of the standards for considering an area for urban reclassification states that
"In determining urban growth for the next ten years, or in amending the boundary,
lands contiguous with existing urban areas shall be given more consideration than
non-contiguous lands, and particularly when indicated for future urban use on State or
County General Plans." The subject property conforms to this standard as it is situated
adjacent to existing urban designated lands. These lands include the Kona Highlands, a
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
365 lot subdivision; Kalaoa View Estates a 56 lot subdivision; Kona Wonderview, a 94
lot subdivision; and Kona Coastview, a 286 lot subdivision.
The reclassification action would also achieve the following goals, objectives
and/or policies articulated in the Hawaii State Plan:
a. 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.
b. The orderly development of residential areas sensitive to community
needs and other land uses.
c. Effectively accommodate the housing needs of Hawaii's people.
d. Increase homeownership and rental opportunities and choices in terms of
quality, location, cost, densities, style and size of housing.
e. Promote design and location facilities and services, and other concerns
of existing communities and surrounding areas.
The Urban boundary request would be consistent with the Housing goals and
policies of the Hawaii County General Plan by creating residential housing
opportunities. The request also conforms to the General Plan Land Use Pattern
Allocation Guide (LUPAG) Map which designates the area for Urban Expansion.
Urban Expansion allows for a mix of high density, medium density, low density,
industrial and/or open designations in areas where new settlements may be desirable,
but where the specific settlement pattern and mix of uses have not yet been determined.
This request is to allow an urban development, a planned low-density residential
subdivision. Low Density Urban Development is defined as Residential uses at a
density of four units per acre and certain neighborhood commercial uses are permitted
within this designation. The LUPAG Map component of the General Plan is a
representation of the document's goals, policies, standards and courses of action. It is
also a graphic depiction of the physical relationship between the various land uses. The
LUPAG Map establishes the basic urban and non-urban form for areas within the
County. The area under consideration is consistent with the urban form established for
this section of the North Kona District as depicted on the LUPAG Map.
The Kona Regional Plan adopted by the Planning Commission in 1984
recommends the area for residential four units per acre. The applicant's proposal is a
single family residential subdivision. It is adjacent to a proposed Ken World
subdivision. The proposed reclassification is for a similar urban land use designation.
Thus, [he requested boundary amendment would be in the direction of fulfilling the low
density range plans, in this particular case.
On January 22, 1997, the County Council adopted Resolution No. 20 97, which
supports the County's proposal to conduct a Comprehensive Traffic Plan for the Kalaoa
area. The proposed plan would include identifying the necessary infrastruc[ural
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 3
improvements for the area relating to traffic, traffic safety, water, fire protection, parks
and civil defense.
The property is situated within close proximity to the employment center of
Kailua-Kona. The subject reclassification is for land located just three miles from the
urban retail/employment center of Kailua-Kona, and thereby conforms with the Land
Use Commission Rules which encourages urban developments in close proximity to
existing developments in close proximity to existing services and facilities.
All utilities and services are available to the property which are essential to
accommodate urban development. However, the subject property should be developed
in increments. The number of lots in the first increment shall not exceed the number of
units of water which are available and have been committed to the subject property by
the Department of Water Supply. There would be two accesses to the subject parcel.
The principal one would serve fourteen (14) lots via Oneone Street which connects to
Ka'iminani Drive within the Kona Palisades Estates. Oneone Street has a 50-foot
right-of-way width and a 20-24 foot wide pavement. The unimproved section of
Oneone Street, which is jointly owned by the applicant and the road's other adjoining
land owner, would be extended to the subject property's northerly boundary by the
applicant or the other land owner. Anew County-standard but privately-owned
roadway from Oneone Street would be constructed to serve these fourteen (14) lots.
The other access which would serve the other four (4) lots would be via Ke'oke'o
Street which also intersects with Ka'iminani Drive. Ke'oke'o Street has a 50-foot
right-of-way and a 20-foot wide pavement. Ka'iminani Drive, which serves as the
primary mauka-makai connector road between Hawaii Belt Road and Queen
Ka'ahumanu Highway, has a 60-foot wide right-of-way with 24-foot wide pavement.
Electrical service is available to the Property from Hawaii Electric Light Co. Inc., and
telephone service is available from GTE Hawaiian Tel.
The property has no severe geological or topographical problems which cannot
be properly rectified or which would render the land unusable. The U.S. Corps of
Engineers Flood Insurance Rate Map (FIRM) designates the property as Zone X, area
of minimal tsunami inundation. Any improvements to the property must comply with
Chapter 27 of the County Code relating to Flood Hazard Control. Thus, the
reclassification does meet with the standard which states that the lands included within
the urban district"... shall be those with satisfactory topography and drainage and
reasonably free from the danger of floods, tsunami and unstable soil conditions and
other adverse environmental effects."
While the subject property is within the State Land Use Agricultural and
County's Agricultural (A-Sa) zoned districts, it is not currently being used for active
agricultural purposes. The State of Hawaii ALISH Map does not classify the subject
property in any category. The Land Use Study Bureau's Overall Master Productivity
Rating for the soils in the area is "E" or Very Poor. Therefore, the reclassification of
this 5.919 acre area from the Agricultural to the Urban designation will not be
detrimental to the reduction of this area from the agricultural land inventory in the
County of Hawaii. From a land use perspective, it is a more feasible alternative to
infill urban development within this particular area of North Kona. In doing so, it
would tend to alleviate the conversion of more productive agricultural lands in more
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 4
appropriate locations within the North Kona area for Urban Low Density type uses.
Furthermore, an Urban classification would complement the existing and future
residential land use patterns of the surrounding properties in view of the adjacent with
the Kona Palisades subdivisions.
Based on the above, [he approval of the State Land Use Boundary Amendment
to the Urban District complements the State Land Use District Regulations and is
supportive of the State of Hawaii Plan.
Change of Zone
In order to consider an area for any type of zoning designation, the applicable
goals, policies and standards of the General Plan must be adequately addressed. It is
only through a comprehensive policy analysis approach that evaluations and decisions
can be made to better time or stage developments to achieve quality growth. The
implications of these evaluations and decisions must also be considered as they may
have an impact on other similar areas in the County.
The proposed change of zone to Single Family Residential (RS-10) zoned
district will conform to the goals, policies and standards of the following General Plan
Elements:
LAND USE
* Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural and physical environments of the County.
* 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.
* The county shall encourage the development and maintenance of communities
meeting [he needs of its residents in balance with the physical and social
environment.
* Zoning requests shall be reviewed with respect to General Plan designation,
district goals, regional plans, State Land Use District, compatibility with
adjacent zoned uses, availability of public services and utilities, access, and
public need.
CiNC'r F-FAMTi Y RESIDENTIAL
* To maximize choices of single-family residential lots and/or housing for
residents of the County.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 5
* To ensure compatible uses within and adjacent to single-family residential zoned
areas.
* 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 designate and allocate single-family residential zoned lands at
varying densities for future use in accordance with the needs of the communities
and the stated goals, policies and standards.
HOUSING
* 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.
* 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 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 property is
designated as Urban Expansion Area. Urban Expansion Areas allow for a mix of high
density, medium density, low density, industrial and/or open designations in areas
where new settlements may be desirable, but where the specific settlement pattern and
mix of uses have not yet been determined. Within areas designated for development as
resorts, portions of the resort area may be included in the urban expansion area. In
addition, the Kona Regional Plan Land Use Concept Map designates this area for
residential expansion. Therefore, it is determined that the request is consistent with the
urban form depicted on the LUPAG Map for this area of North Kona.
The Kona Regional Plan adopted by the Planning Commission in 1984
recommends the area for residential four units per acre. The applicant's proposal is a
single family residential subdivision. The parcel is located adjacent to Ken World,
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 6
recently approved rezoning. The proposed reclassification is for a similar single family
residential land use designation.
On January 22, 1997, the County Council adopted Resolution No. 20 97, which
supports the County's proposal to conduct a Comprehensive Traffic Plan for the Kalaoa
area. The proposed plan would include identifying the necessary infrastructural
improvements for the area relating to traffic, traffic safety, water, fire protection, parks
and civil defense.
The property is situated within close proximity to the employment center of
Kailua-Kona. The subject reclassification is for land located just three miles from the
urban retail/employment center of Kailua-Kona, and thereby conforms with the General
Plan which encourages urban developments in close proximity to existing developments
in close proximity to existing services and facilities.
While the subject property is within the State Land Use Agricultural and
County's Agricultural (A-Sa) zoned districts, it is not currently being used for active
agricultural purposes. The State of Hawaii ALISH Map does not classify the subject
property in any category. The Land Use Study Bureau's Overall Master Productivity
Rating for the soils in the area is "E" or Very Poor. Therefore, the reclassification of
this 5.919 acre area from the Agricultural to the Urban designation will not be
detrimental to the reduction of this area from the agricultural land inventory in the
County of Hawaii. From a land use perspective, it is a more feasible alternative to
infill residential development within this particular area of North Kona. In doing so, it
would tend to alleviate the conversion of more productive agricultural lands in more
appropriate locations within the North Kona area for Urban Low Density type uses.
Furthermore, an request would complement the existing and future residential land use
patterns of the surrounding properties in view of the adjacent with the Kona Palisades
subdivisions.
The property has no severe geological or topographical problems which cannot
be properly rectified or which would render the land unusable. The U.S. Corps of
Engineers Flood Insurance Rate Map (FIRM) designates the property as Zone X, area
of minimal tsunami inundation. There are no significant drainageways on the subject
property. While there are no indications of surface water flow on-site, the applicant
will abide by all applicable County guidelines for run-off generated by the
development. Any improvements to the property must comply with Chapter 27 of the
County Code relating to Flood Hazard Control.
All utilities and services are available to the property which are essential to
accommodate urban development. However, the subject property should be developed
in increments. The number of lots in the first increment shall not exceed the number of
units of water which are available and have been committed to the subject property by
the Department of Water Supply. There would be two accesses to the subject parcel.
The principal one would serve fourteen (14) lots via Oneone Street which connects to
Ka'iminani Drive within the Kona Palisades Estates. Oneone Street has a 50-foot
right-of-way width and a 20-24 foot wide pavement. The unimproved section of
Oneone Street, which is jointly owned by the applicant and the road's other adjoining
land owner, would be extended to the subject property's northerly boundary by the
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 7
applicant or the other land owner. Anew County-standard but privately-owned
roadway from Oneone Street would be constructed to serve these fourteen (14) lots.
The other access which would serve the other four (4) lots would be via Ke'oke'o
Street which also intersects with Ka'iminani Drive. Ke'oke'o Street has a 50-foot
right-of-way and a 20-foot wide pavement. Ka'iminani Drive, which serves as the
primary mauka-makai connector road between Hawaii Belt Road and Queen
Ka'ahumanu Highway, has a 60-foot wide right-of--way with 24-foot wide pavement.
The wastewater from the proposed project will be disposed in accordance with
the prevailing requirements of the State Department of Health's toles and regulations to
be installed by the respective homeowners. Additionally, the applicant will abide by all
applicable State and County air quality and noise level control standards during the
pre-construction and construction phases of the project. All essential utilities are
available for the proposed project. Therefore, the proposed single family residential
development will be developed in an area that is or can be adequately served by water,
utilities, sewers and transportation systems.
Based on the above findings, this request to reclassify the subject property from
an Agricultural (A-Sa) to a Single Family Residential (RS-10) zoned district would
result in an appropriate land use pattern and further the public convenience, necessity
and general welfare.
For your favorable consideration, amendments to the SLU Boundaries Map, H-7, for the
County of Hawaii, and Section 25-8-3 (North Kona Zone Map) are transmitted.
We are enclosing copies of the applications and a copy of the staff background for your
information.
Sincerely,
Kevin M. Balog, Chairman
Planning Commission
AK: syw
LFoste02.PC
Enclosures
cc: Mr. Sidney Fuke
Mark Van Perris, Esq.
Department of Water Supply
Department of Public Works
Kazu Hayashida, Director/DOT-Highways, Honolulu
State Land Use Commission
West Hawaii Office
8 FasterOl . emm-03\ 12\97
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
HARRY FOSTER IRREVOCABLE TRUST
STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 96-13)
('HANI'F, f1F 7.nNF, APPLICATION (REZ 96-321
Harry Foster Irrevocable Trust, has submitted applications for a State Land Use
Boundary Amendment from an Agricultural to Urban District and for a Change of Zone by
changing the district classification from Agricultural (A-Sa) to Single Family Residential
(RS-10), for approximately 5.919 acres of land. The property is located on the makai side of
Mamalahoa Highway and north of Kona Palisades Subdivision, approximately 429 feet north
of Ka'iminani Drive and borders Ke'oke'o and Oneone Streets at Kalaoa 4th, North Kona,
Hawaii, TMK: 7-3-5:99, 100, 101.
('F.NE AL. INFORMATION
1. Landowner: Harry Foster Irrevocable Trust is the fee owner of the subject property.
PROPOC D DEVELOPMENT
2. Request: The applicant is requesting the land use changes to allow the development of
eighteen (18) 10,000 square foot lots.
3. Objectives: "The proposed project would consist of eighteen (18) 10,000+ square
foot lots. There would be two accesses -one from Oneone Street and the other from
Keokeo Street. There would be underground utilities, a 50-foot wide County dedicable
road with curb, gutters, and sidewalk within the proposed roadway coming in from
Oneone Street. The roadway from Keokeo Street would serve only three lots and
would thus essentially serve as a driveway."
"The applicant has no plans to construct dwellings on the proposed lots. Covenants
and design restrictions, however, are being planned for which future homeowners
would have to abide by. Covenants would include a "No Ohana" provision to maintain
the single-family residential ambience of this area."
4. Revised preliminary subdivision plan: The plan shows that fourteen (14) lots would
access off of Oneone Street and four (4) lots would be off of Ke'oke'o Street.
5. Additional information: In support of the request, the applicant has submitted the
following: (See Exhibit A -State Land Use Boundacy Amendment and Change of
Zone Applications dated November 27, 199
STATE AND COUNTY PLANS
6. SLU: Agricultural
7. Hawaii State Plan Consistency: Economic and Housing objectives and policies.
8. General Plan Consistency: Economic, Land Use elements goals, policies and courses
of action for North Kona.
9. General Plan LUPAG MAP: Urban Expansion, which allows for a mix of high
density, medium density, low density, industrial and/or open designations in areas
where new settlements may be desirable, but where the specific settlement pattern and
mix of uses have not yet been determined.
10. Kona Regional Plan: The Kona Regional Plan adopted by the Planning Commission
in April 1984, designates the area for Residential-4 units/acre (RES 4).
11. Keahole to Kailua (K to K) Development Plan: Residential Expansion. The K to K
Plan was adopted by the County Council by Resolution on April 3, 1991. The Plan
was adopted as a guide to be utilized in the development of infrastructure and land uses
in the region.
12. Zoning: Agricultural (A-Sa).
13. SMA: The property is not situated within the Special Management Area (SMA)
boundary.
14. Resolution No. 20 97: On January 22, 1997, the County Council adopted Resolution
No. 20 97, which supports the County's proposal to conduct a Comprehensive Traffic
Plan for the Kalaoa area. The proposed plan would include identifying the necessary
infrastructural improvements for the area relating to traffic, traffic safety, water, fire
protection, parks and civil defense. (See Exhibit B -Resolution No. 20 97)
-2-
DFS('RiPTION OF PROPERTY AND SURROUNDING AREA
15. Subject Property: The subject property is an rectangular shaped lot. There are
presently no structures nor any agricultural activities on the subject property. The
entire property was grubbed by the owners.
16. U.S. Soil Survey: According to the Department of Agriculture Soil Conservation
Services's Soil Survey Report, the land is of the Kaimu (rKED) and Punalu'u Series
soil. The Kaimu Series consists of well-drained, thin organic soils over Aa lava.
Permeability is rapid, runoff is slow, and the erosion hazard is slight. It should be
noted that this soil is not suitable for cultivation. The Punalu'u Series consists of
well-drained thin organic soils over pahoehoe lava bedrock. The soil (peat) is rapidly
permeable. The pahoehoe lava is very slowly permeable, although water moves
rapidly through the cracks. Runoff is slow, and the erosion hazard is slight. This soil
is used largely for pastoral purposes.
17. FIRM: The U.S. Corps of Engineers Flood Insurance Rate Map (FIRM) designates
the property as Zone C, area of minunal flooding.
18. Land Study Bureau Soil Rating: Class "E" or Very Poor for agricultural use.
19. ALISH: Unclassified.
20. Flora and Fauna: Vegetation consists of primarily an overstory of Christmas berry,
lama, alahe'e, kukui, mango and purple strawberry guava. Ground cover consists of
primarily laua'e, bitter yam, Lantana, air plant, noni and ferns. As previously
mentioned the parcel has been grubbed.
21. Archaeological Features: The site was previously cleared and, therefore, it is unlikely
that there are any archaeological features remaining on the subject property.
22. Surrounding Land Uses/Zoning: The adjacent lands immediately to the north of the
property are zoned A-Sa and A-la, to the east are A-Sa and RS-10, to the south and
west are RS-10. There are single-family residences and a number of vacant residential
sized lots within the Kona Palisades and Kona Coastview Subdivisions. The Kona
Palisades and Kona Coastview Subdivisions are situated within the State Land Use
-3-
Urban District and are primarily zoned Agricultural by the County. However, these
subdivisions are essentially non-conforming residential sized lots ranging between
8,000 to 20,000 square feet.
23. Previous Land Use Approvals: In February, 1985 at [he request of the Planning
Department, the State Land Use Commission reclassified several non-conforming
residential subdivisions into the Urban District. The following subdivisions were
included in the reclassification action: Kona Palisades Estates, Kona Highlands, Kona
wonder View Lots, Kona Coastview, Kona Heights and Aloha Kona. With the
exception of the Kona Heights and Aloha Kona Subdivisions, all of the above-
mentioned subdivisions are adjacent to or within close proximity of the subject area.
In recent years a number of similaz request for a State Land Use Boundary Amendment
to Urban District and Change of Zone to Single Family Residential zoned district were
approved within the vicinity of the subject property. The affected parcels include Tax
Map Keys 7-3-5:86, 87 and 88. It should be pointed out that Ken World, Inc. received
approvals for a State Land Use Boundary Amendment to Urban District and Change of
Zone to Single Family Residential zoned district from the Planning Commission in
1996. The parcel is located directly on the makai side of the subject property and
identified as Tax Map Key 7-3-5:12.
PiTRi iC' FACIL.ITIES AND UTIL.ITiFS
24. Roadway: There would be two accesses to the subject parcel. The principal one
would serve fourteen (14) lots via Oneone Street which connects to Ka'iminani Drive
within the Kona Palisades Estates. Oneone Street has a 50-foot right-of--way width and
a 20-24 foot wide pavement. The Oneone Street has been constructed to dedicable
standards. Anew County-standard but privately-owned roadway from Oneone Street
would be constructed to serve these fourteen (14) lots. The other access which would
serve the other four (4) lots would be via Keokeo Street also intersects Ka'iminani
Drive. Keokeo Street has a 50-foot right-of-way and a 20-foot wide pavement.
Ka'iminani Drive, which serves as the primary mauka-makai connector road between
Hawaii Belt Road and Queen Ka'ahumanu Highway, has a 60-foot wide right-of--way
-4-
with 24-foot wide pavement. Three of the lots from Keokeo Street would be served by
a private road; the other would have its access directly from Keokeo Street.
25. Water: According to the Department of Water Supply, water can be made available
from the end of an existing 6-inch waterline along Ke'oke'o Street. In addition, water
commitments are available for a total of seven (7) lots or units. Any further
subdivision development of the subject property would require extensive water system
facilities to be constructed.
26. Wastewater: According to the Department of Health, the property is situated within
the Critical Wastewater Disposal Area and therefore, [he applicant would be required
to dispose wastewater into septic tank system.
AGENCIES COMMENTS
27. Real Property Tax Division (December 23, 1996 Memo):
"Real Property taxes are paid through December 31, 1996."
28. State Department of Transportation (January 7, 1997 Letter):
"Thank you for your transmittal of December 23, 1996.
"The cumulative effect of the proposed project and other planned developments in the
area may adversely impact our facilities, particularly at the intersections of Kaiminani
Drive/Mamalahoa Highway and Kaiminani Drive/Queen Kaahumanu Highway.
"The developers should be required to pay their prorata share to provide required
mitigative roadway improvements. These improvements should be at no cost to the
State.
"We appreciate the opportunity to provide comments."
29. Department of Land and Natural Resources (January 2, 1997 Letter):
"Thank you for the opportunity to review the subject State Land Use Boundary
Amendment and Change of Zone Application from Agricultural to Rural.
"The Department of Land and Natural Resources has no comments or objections to
offer on the subject matter at this time.
-5-
30. State Department of Health (December 18, 1996 Memo)
"The subject lots are located in the Critical Wastewater Disposal Area where cesspools
are not allowed for lot sizes less than 5 acres. Any development on this lot would
require all wastewater be disposed into a Septic Tank System or into public sewer when
accessible."
Applicant's Response: (See Exhibit E -January 3, 1997 Letter)
31. Office of Housing and Community Development (December 30, 1996 Memo):
"The Office of Housing and Cotmunity Development (OHCD) offers the following
comments:
"Affordable housing conditions, pursuant to current Hawaii County Housing
Agency policy, should be applicable to the request.
"Thank you for the opportunity to comment."
32. Police Department: (See Exhibit C -December 31, 1996 Memo and Applicant's
Response January 22, 1997 Letter)
33. Fire Department: (See Exhibit D -January 10, 1997 Memo)
34. Land Use Commission: (See Exhibit E -December 18, 1996 Letter)
Applicant's Response: (See Exhibit F -January 3, 1997 Letter)
35. Department of Public Works, Engineering Division: (Exhibit G -February 20,
1997)
36. Department of Water Supply: (Exhibit H -March 12, 1997)
A =EN .S - NO F.SPO. NSE
37. Parks and Recreation, Department of Agriculture, HELCO and Natural Resources
Conservation Service
PiT13L.IC COMMENTS
38. Keola Childs: (See Exhibit I -March 3, 1997 Letter)
-6-
HARRY FOSTER IRREVOCABLE TRUST
STATE LAND USE BOUNDARY AMENDMENT: AGRICULTURAL TO URBAN
CHANGE OF ZONE: UNPLANNED (U) TO SINGLE-FAMILY
RESIDENTIAL-10,000 SQUARE FOOT (RS-10)
TAX MAP KEY: (3) 7-3-5: 99
KALAOA 4th, NORTH KONA, HAWAII
I. GENERAL REQUEST
The applicant, Harry Foster Irrevocable Trust, is
seeking a State Land Use boundary amendment from
Agricultural to Urban and a County rezoning from
Unplanned (U) to Single Family Residential-10,000 Square
Foot (RS-10) for a 5.436 acre parcel. The subject
property is located in Kalaoa 4th, North Kona, Hawaii,
Tax Map Key: 7-3-5: 99 (Figure 1).
The requests are to allow the development of an 18-lot
residential subdivision with related improvements.
II. PROPERTY DESCRIPTION
A. Project Location
The subject parcel is a rectangular-shaped parcel
located between Keokeo and Oneone Streets. Its
makai boundary abuts Oneone Street and the mauka
boundary, Keokeo Street. Both streets intersect
with Ka'iminani Drive, which is one of the region's
major mauka-makai spine roads located within the
Kona Palisades Subdivision (Figure 2). Keokeo
Street, however, continues northerly to the Kona
Coastview Subdivision.
The site is located about 500 feet north of
Ka'iminani Drive. Immediately fronting the subject
site along Oneone Street is a 6.438 acre parcel
(TMK: 7-3-05:12) that was recently rezoned
(Ordinance No. 96-114) into the RS-10 district.
H. Surrounding Land Uses
The subject parcel is currently undeveloped and
vacant of any structures. Although the entire site
has been bulldozed in the past, vegetation common to
this area now covers the site.
Ex~sit
' A~
There are single-family residences and a number of
vacant residential lots adjacent to the subject
parcel. These include the Keahole Heights
Subdivision along Oneone Street; an 18-lot
subdivision south of the subject parcel; and the
Kona Palisades Subdivision. Most of these lots
average 10,000 square feet in size.
There are 1+ acre lots and a 6+ acre lot adjacent
and to the north of the subject site. The Kona
Coast View Subdivision is located beyond those
larger lots. Said subdivision is a residential
subdivision consisting of lots ranging between
15,000 to 20,000 square feet.
There does not visually appear to be any active
agricultural activity in the immediate vicinity.
IZZ. PROPOSED DEVELOPMENT
The proposed project would consist of eighteen (18)
10,000+ square foot lots. There would be two accesses -
one from Oneone Street and the other from Keokeo Street.
There would be underground utilities, a 50-foot wide,
County-dedicable road with curbs, gutters, and sidewalk
within the proposed roadway coming in from Oneone
Street. The roadway from Keokeo Street would serve only
three lots and would thus essentially serve as a
driveway. (Figure 3).
These roads are intended to be privately-owned. That
section of the roadway lot fronting the subject site
(TMK: 7-3-05: 100) is jointly owned between the
applicant and the owner of the property makai of said
proposed roadway. This roadway is intended to be
improved at the joint expense of those two owners and
then dedicated to the County.
The applicant has no plans to construct dwellings on the
proposed lots. Covenants and design restrictions,
however, are being planned for which future homeowners
would have to abide by. Convenants would include a "No
Ghana" provision to maintain the single-family
residential ambience of this area.
These lots are intended to be sold at market price,
geared to homeowners.
-2-
~ _ RI ~ iA i " ~ ` '
•i ~ _ 1 D A `U
V O I 1 ~ ~_C- ~ mr , LW1>
~ ill i ' i tl i ~ ~ ~ ;~+G:t i !~;i ''_w
! i. ` 11 ~JI ± ~ v 1 r~ ~ ~ 12J ~I e~
• Q~ a I r i cN 1 m
1' 1 n r ~ I:
j x
1
~ , ~ n ~ t''ff ~ ~ . ~ t to I
a- 1 t ~ j ~ u r
I ~ ~ 1 }t} r rn; ~ lllr rt 1 S -nl I i
ti) • , ~ ~ ~i FI ~ V .
~
U, . ~t
` a .t ~ I ~i~t .tT y ~ 1 S ,.1 T'~ 1 ; ~a I 11~~
u 1f 1 ~ ,Uy~~ I ~l~ y ~T~~ ~ i~ ~~~-.i • ~ a f i~ \ C ~
::F. dl .In ~ y \r e~
i ~ I+y M 1~, ~ ~ V i
L- - ` ` 'i
rk Gi 11 A tt
r Y I ~~a i V (n. ' ~ 1 ~ 1 a f J, ' ' is ~ a ~ ~ 7 if v
I • ~ ~ ~ ii
V ii i' : 1 ~ i a ,i ~ ~i r ~j2:. ~ / II ~i i C
~~I
E a ~ ~ ~ F~ , ; ~ ~ ~ II 1~ irls
A f 1 ai ' a 1 j " ' ~ ~
))jjtt
~jli ~ ~ ~ r(T •1 A rtM, I
i ~ •1
Ji,i~ ~ , ....__..._..~11-~_
n
I / •
I ~ ~ . ..,-i'i':it'r~'Q,V~ ~iii~~ /ii ' • ! = ~°fOafs~- s.~i6~ ii
1 is ~~1' ; . i ~ Pi < ~1[3 • i..ie4~itii E~iE
~11 ~ ~ ~M vHb,
o ll I; i
1
I „ ~ i ~d ,
1 ~ f ~
j l I ,
' ~ V taut, r>rr, ,I r
1
I M._..--=- l ~
~ ; I t l '
V ~ ~ , ~ 7d b!d
ty i~~ j a
'Vo = o
o
~ ; ~
~ o
Z, r,
h ~ ~
r ~
~
~v ~
is ~ ~ ~ '
~ ~ n~i iii+i ~
I 1 ~ • 1~
1( i•
I? ' ~ ~ ~ ~ '
o
i i ! ~ u~ a, ~ er
a
.i . ~ 4
<< • t ,
~ i ~ 7d
a
i ~ ~ ~
H ~ ~ ~ W ~
i ~ v o
~ , y o
x
~I ~ z o
~ ~ CZ D
:M~~ ~ O
~ ~ 111
3 ~
~
~ n,~;.
FIGURE 2
- i ~
- ii ,
1 II'~ Ll p[ 133 U 1p n3Mn 3 M ~ ~
I ~ Q ~J I .-li~lll'.tl. I.l' "ll'.i --f ~ ` I i ~ 1 ~ ~
/ I,~~ I~ - o js .I ~i dt}
' ~ } T ~ I , ~i ~~(I y{3
IIp~ ~ `G~// ft V I I 1
~ 'f
^t ~
~ I q
~ I ~~j j j a i
C ~t t _ m ~
_ i ~ ~ ~ • aF,~ ul 1~~ I m ~ u~!~ ~ ~ Z
ai: ! 1 I„ v ! IBC ~
11 fJ~ 'i J I i e C
~ f~ i f~ n • Y 4d
~.n:.'V _~al ~I ' s ~ ' ,I ~ III I p{ i J Y f O [i.
' . I f~
'..,x `n 'r, ~ ''rA a ~I~I ~ i
~~~~M!: 3 I
~=:A . ono- I win. r- +
I ~
-j i S~ I _ xl_ _
1\ I
~r -air-r-v!r
~1. I
.¢niH _,ws~Y ~ f
Y ~ ~ ~ \
.y q R ~ . 0 I I t~-
5 ~a~
~I •li' I a
sS - I
~a ~ ~ '~1
dt~r1~:: !ii ~I t~•'ali~
a.
r, ~ pj~1lt'rs ,d.
• i;_
lsarap -
'-~-.y )Np~Np
'
Development of the subject parcel is proposed to begin
immediately upon securing all required permits. The
target goal is to begin construction in early or mid
1998.
IV. INSTITUTIONAL CONSIDERATIONS
A. State Land Use Classification
The State Land Use district classification of the
subject parcel is Agricultural. A portion of this
request is to have an Urban classification to allow
the development of a residential subdivision.
It should be noted that since 1985, pursuant to a
State law, the Counties are allowed to process
amendments involving land areas of fifteen acres or
less. In this case, the subject parcel consists of
5.436 acres.
B. County General Plan
The General Plan Land Use Pattern Allocation Guide
Map (LUPAG) designates the property as Extensive
Agriculture/ Alternate Urban Expansion (AUE).
This request is to allow an urban development, a
planned low-density residential subdivision.
C. Community Development Plan
The Kona Regional Plan (KRP), adopted by the
Planning Commission in April 1984, designates the
subject area Residential-4 units/acre (RES 4).
D. Kailua-Keahole Regional Plan
A more detailed and updated plan of this area,
commonly referred to as the K-K Plan, was prepared
in 1989. This Plan earmarked this area for
residential expansion.
E. Zoning Code
The subject parcel is currently zoned Unplanned (U)
by the County. The applicant is requesting
Residential-10,000 Square Foot (RS-10) zone
-3-
designation.
F. Special Management Area (SMA)
The subject parcel is not located within the County
SMA.
V. INFRASTRUCTURAL CONSIDERATIONS
A. water
The applicant has two (2) unused water commitments
secured through the Kona Source Agreement for an
adjoining parcel (formerly TMK: 7-3-5: 87). The
basic parcel is also eligible for one (1) unit, and
six (6) additional units are now being allowed by
the Department of Water Supply. Thus, there is
already a total of nine (9) units of water for this
parcel. Additional availability of water for this
area is anticipated in the near future.
Should the entire water commitments not be
available, then, the development would be done in
phases; the balance of the site would be developed
only upon securing the additional water commitments.
It is the applicant's understanding that additional
commitments could become available in this area in
the near future due to the recent development of
several new water sources.
On-site and related off-site water improvements for
the proposed subdivision improvements will be done
by the applicant.
B. Roadway
There would be two accesses to the subject parcel.
The principal one serving fourteen (14) lots would
be via Oneone Street. Oneone Street connects to
Ka'iminani Drive, the main mauka-makai connector
road between Hawaii Belt Road and Queen Kaahumanu
Highway. Oneone Street has a 50-foot right-of-way
width and a 20-24 foot wide pavement. Ka'iminani
Drive has a right-of-way width of sixty (60) feet
with a 24-foot wide pavement.
-4-
The unimproved section of oneone Street, which is
jointly owned by the applicant and the road's other
adjoining property owner, would be extended to the
subject property's northerly boundary by the
applicant or the other landowner.
A new County-standard but privately-owned roadway
from Oneone Street would be constructed to serve
these fourteen (14) lots.
The other access which would serve the other four
(4) lots ..ould be via Keokeo Street. Keokeo Street
also intersects with Kaiminani Drive and connects to
the adjoining Kona Coastview Subdivision to the
north. Keokeo Street is a County-owned roadway with
a 50-foot right-of-way and a 20-foot wide pavement.
Three of the lots from Keokeo Street would be served
by a private road; the other would have its access
directly from Keokeo Street.
C. Wastewater System
As there is no municipal system in this area,
cesspool or a septic system meeting with the
prevailing requirements of the State Department of
Health's rules and regulations will be installed by
the respective homeowners.
D. Utilities
All essential utilities are currently available to
the area.
E. Public Services
Police services, fire protection services, public
government agencies, and schools are located in the
town of Kailua-Kona, approximately 5 miles away.
VI. ENVIRONMENTAL CONSZDERATIONS
A. Soils & Elevation
The entire site has been cleared or bulldozed in the
past.
According to the US Department of Agriculture Soil
-5-
Conservation Service's Soil Survey Report, the land
is of the Kaimu (rKED) and Punaluu (rPYD) soil
series.
The Kaimu series consists of well-drained, thin
organic soils over Aa lava. The surface layer is
extremely stony peat about three (3) inches thick;
and is underlain by fragmental Aa lava.
Permeability is rapid, runoff is slow, and the
erosion hazard is slight. It should be noted that
this soil is not suitable for cultivation.
The Punaluu series consists of well-drained, thin
organic soils over pahoehoe lava bedrock. The
surface layer is black peat about four (4) inches
thick. The peat is rapidly permeable. The pahoehoe
lava is very slowly permeable, although water moves
rapidly through the cracks. Runoff is slow, and the
erosion hazard is slight. This soil is used for
largely for pastoral purposes.
The State Department of Agriculture's Agricultural
Lands of Importance to the State of Hawaii (ALISH)
has no classification for this site.
The Land Study Bureau's overall master productivity
rating system classifies the soil as Class "E" or
Very Poor for agricultural use.
Slopes on the property range from 6 to 20 percent.
Rainfall in the area averages forty (40) to fifty
(50) inches annually.
B. Drainage
The U.S. Corps of Engineers Flood Insurance Rate Map
(FIRM) designates the property use as Zone "C", area
of minimal flooding.
C. Flora/Fauna
Although the site was previously bulldozed, it is
now covered with vegetation. Vegetation is somewhat
dense and consists primarily of an overstory of
Christmas-berry, lama, alahe'e, kukui, and purple
strawberry guava. Ground cover consists primarily
of laua'e, bitter yam, Lantana and air plant.
-6-
Although there was no professional survey conducted
of the flora and faunal resources of the parcel, the
applicant does not believe that rare or endangered
flora and fauna resources are likely to be found on
the subject parcel.
As mentioned previously, the parcel has been cleared
in the past. Secondary vegetation, mostly weeds,
are found along the northern and eastern portions of
the parcel.
D. Archaeological Features
As the site was previously clleared, the likelihood
of finding intact (if at all) archaeological
features appears somewhat distant. Nonetheless
because of its possibility, an archaeologist has
been retained. His report, which should be
completed within a month, will be submitted to the
Planning Department.
Notwithstanding the above, should any unanticipated
archaeological features or sites be uncovered during
land disturbance activities, work will cease and the
applicant will immediately notify the Planning
Director.
VII. JUSTIFICATIONS FOR STATE LAND USE AND REZONING REQUESTS
A. Agricultural Impact
Neither the subject site nor the immediately
adjacent properties have had recent agricultural
use. The site, however, did have some cattle
grazing use in the distant past.
Further, soil analyses did not fall within
substantive agricultural classifications, and
no adverse impact is expected to agricultural
land resources. Soils consist of the Kaimu and
Punaluu series. The Land Study Bureau's overall
master productivity rating for agricultural use is
Class "E" or very poor. The ALISH system does
not classify this property.
It should also be noted that in commenting on the
residential rezoning of an adjoining parcel, the
State Land Use Commission stated, in part, that
-7-
"the subject parcel is a portion of an area that is
recommended to be reclassified to the Urban District
in the report entitled State Land Use District
Boundary Review prepared by the Office of State
Planning."
As such, given the current non-agricultural use of
the subject site and surrounding area; its soil
resources; and the Office of State Planning's
report, the project's agricultural impact should not
be significant.
B. Relationship to Public Plans
1. Hawaii State Plan
Pertinent sections of the goals, objectives,
and/or policies of this Plan note the following:
a. (Provide) 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.
b. (Provide for) The orderly development of
residential areas sensitive to community
needs and other land uses.
c. Effectively accommodate the housing needs of
Hawaii's people.
d. Increase homeownership and rental
opportunities and choices in terms of
quality, location, cost, densities, style,
and size of housing.
e. Promote design and location of housing
developments taking into account the
physical setting, accessiblity to public
facilities and services, and other concerns
of existing communities and surrounding
areas.
f. Facilitate the use of available,
developable, and underutilized urban lands
for housing.
-8-
This project, although adding only eighteen (18)
residential lots to the housing inventory, will
provide an extension to a quality neighborhood
for eighteen (18) families.
The subject parcel is located proximate to
existing Urban subdivisions with public services
and utilities available for the proposed
subdivision. All on-site infrastructure will be
developed by the applicant.
The subject site is also contiguous to existing
urban areas, with the Kona Palisades Subdivision
and other newly developed subdivisions adjacent
to the site.
2. County General Plan
The Plan designates this area for Alternate
Urban Expansion (AUE), and the requested use is
consistent with said designation. Further, both
the Kona Regional Plan and the Keahole-Kailua
Plan also suggest residential uses for this
area.
As such, the proposed subdivision will be
compatible with the surrounding area and
will further the General Plan, Kona Regional
Plan, K-K Plan, and be contiguous to an existing
urban area.
C. Infrastructural Considerations
1. Roadways
Ka'iminani Drive, the access roadway from the
Hawaii Belt Highway, is one of two primary
mauka-makai connector roads between Queen
Kaahumanu Highway and the Hawaii Belt Road in
this region. It has a right-of-way width of
sixty (60) feet with a 24-foot wide pavement.
While there have been concerns over its use, it
should be noted that the concerns appear to be
more directed to its function as a mauka-makai
connector than its service to the subdivision.
Further, with the completion of another
connector in the vicinity of the Kaloko
-9-
Industrial area, there has been some measure of
traffic alleviation.
Interior roadway improvements will be made by
the applicant throughout the project. Said
improvements will have curb, gutters, and
sidewalks, consistent with the Keahole Heights
Subdivision.
Oneone Street has a right-of-way width of fifty
feet with a 20-foot wide pavement. It will be
extended over the entire length of the subject
property.
Further, with the impending additional north-
south road connectors (Keokeo, Oneone, and
Holoholo Streets), there would be increased
circulation between the Kona Palisades and Kona
Coast View Subdivisions. Further, there would
be a dilution of Kona Coast View Subdivision
traffic along the entire length of Kaiminani
Drive, as other entry points become available.
2. wastewater
Since no municipal system is available in this
area, cesspool or septic system meeting with the
approval of the State Department of Health will
be installed by the various homebuilders.
3. Water
County water is available to this site.
Although only nine (9) water units are available
at this time, the actual development would be
phased. Thus, with the completion of additional
sources in this area, water for the remaining
nine (9) lots should be available.
The applicant will construct necessary
subdivision water system improvements.
4. Utilities
All other utilities are currently available to
the area.
-10-
5. Public Protection and Government Services
These services are currently available to the
area. They are within 7 miles of the subject
site.
D. Environmental Considerations
1. Floral and Faunal Features
Portions of the site have already been cleared.
There is no history of this area being a known
habitat for rare or endangered plant or animal
life. As such, it is anticipated that there
should be no significant impact to those
resources.
2. No On-Site Development Constraints
The site is not designated as being within a
floodway. Thus, no significant drainage
problems are anticipated. Further, the slope of
the property ranges between 6 to 20 percent,
which is not unusual for this area and is
similar to the adjoining parcel which was
recently developed.
3. Archaeological Features
As the site was previously bulldozed, the
presence of intact, if any, archaeological
features does not appear likely. This will be
corroborated by an archaeologist in a report to
be submitted shortly.
As such, subject to certain mitigative measures,
the subject site should not have any significant
archaeological impacts.
-11-
Ii
` 1 :d cr<
COUNTY OF HAWAIL:= STATE OF HAWAII
Y
' TT -L.
RESOLUTION N0. 2 ~ 9 7
A RESOLUTION RELATING TO A COMPREHENSIVE PLAN FOR THE KALAOA
AREA OF NORTH KONA
WHEREAS, the Kalaoa area of North Kona is one of the fastest growing residential
communities on the island of Hawaii and is today the center of the single lazgest residential
community in all of West Hawaii; and
WHEREAS, although the neighborhoods making up the Kalaoa community aze situated
between regional arterial highways, they are served by a single connector road and lack inter-
connecting streets, public water in certain neighborhoods, fire protection and park facilities; and
_ WHEREAS, the goals of the General Plan are to encourage the provision of public
facilities that effectively service community needs and seeks ways of improving public service
through better and more functional facilities which are in keeping with the environmental and
aesthetic concerns of the community; ensure that adequate, efficient and dependable public
utility services will be available to users; provide a wide variety of recreational opportunities for
the residents and visitors of the County; and provide a system of thoroughfares and streets for the
safe, efficient and comfortable movement of people and goods between and within the various
sections of the County; and
WHEREAS, the Council of the County of Hawaii finds that it is in the best interest of the
general public to plan for interconnection of the residential communities of Kalaoa, which
includes the subdivisions of Kona Acres, Kona Palisades Estates, Kona Coastview, Kona
Wonderview, Kona Highlands and undeveloped lands between them; and
WHEREAS, a planning program for the Kalaoa area should include studies to identify the
necessary infrasttucttrre improvements for traffic, traffic safety, water, fire protection, pazks, and
civil defense which would provide, facilitate, or increase infiastructure improvements and public
services for its many residents; and
WIffiREAS, the Council recognizes that it is necessary for representatives of various
neighborhoods and the owners of the undeveloped land betwern them to be firlly involved in this
planning program and that their input be carefully considered.
NOW, THEREFORE, BE TT RESOLVED by the Council of the County of Hawaii that it
request that the Mayor, through the Planning Director, to initiate a comprehensive plan to
interlink and enhance the community of Kalaoa through publicly and privately funded
improvements, and establish an advisory committee of representatives from the various
neighborhoods to guide and assist in planning the following:
E X H I B I T
~ ~ i
r
1. A comprehensive traffic plan, including all proposed cross connections, which
shall safely and intem~lly connect the subdivisions of Kona Acres and Kona
Palisades with Kong Coastview, Kona Wonderview and Kona Highlands throu^h
the undeveloped properties lying between them. This may include encouraging
those property owners to develop those properties in a timely manner.
2. Improvements to Mamalahoa Highway with the appropriate turning lanes.
3. The selection of appropriate locations for a volunteer fire station and one or more
neighborhood or community pazks.
4. Water infrastructure improvements, which may include water improvement
districts for Kona Coastview and Kona Wonderview.
BE IT FURTHER RESOLVED that the Clerk of the County of Hawaii transmit copies of
this resolution to the Honorable Stephcn Yamashiro, Mayor of the County of Hawaii; the
Honorable Kevin Balog, Chairman of the Planning Commission; and Ms. Virginia Goldstein,
Planning Director.
Dated at Hilo, Hawaii this 22rr1 day of January , 1997.
ODUCED Y:
j ~
CO CIL MBER, CO 'IY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii AYES NOES ABS EX
Hilo, Hawaii waa:wta X
crtuxc X
1 hereby certify flat the faregoiag RESOLUTION rras by the LEmtEwo-TOUD X
vote indicated to the right hereof adopted by the COUNCII. of the ~y X
County of Hawaii on Jarnrarv 22. 1997 REYNOLDS 7{
s~m~aviceLO X
ATTEST:
sMmt X
TYLER X
• YACOl~G X
9 0 0
L ~ Reference - -
1 C~OUN~TY CLERK CHAIItMAN & PRESIDING OFFICER RESOLUTION NO. ~ C) g rI
4~J~~y w M~~4
• yyr Wayne G. Carvalho
Stephen K. Yamashiro Po1+u Chit/
Alayat .
James 5. Correa
••iii'oi'r~+~J - - Dtputy PoLte Chief
D
(1~nunfg rid ~ttfutsii
G _
POLICE DEPARTMENT
349 Kapiolani Street • Hilo, Hawaii %720.3998
(908) 9353311 Eax (8081 %1-2702 j
December 31, 1996 - ~
r~
W
TO -;T.IRGINIA GOL IN, PLANNING DIRECTOR
FROM J CO REA, DEPUTY POLICE CHIEF, ACTING POLICE
CHI J
SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION
(SLU 96-13)
REQUEST: AGRICULTURAL TO URBAN
CHANGE OF ZONE APPLICATION (REZ 96-32)
REQUEST: UNPLANNED TO RS-10
APPLICANT: HARRY FOSTER IRREVOCABLE TRUST
TAX MAP KEY: 7-3-5:99, 100, 101
We have reviewed the above-mentioned change of zone application
and do not believe the request will negatively impact traffic
safety at the intersections of Oneone and Ke'oke'o with
Ka'iminani Drive. However, we do have concern for the
intersections of Ka'iminani Drive with the Queen Kaahumanu and
Mamalahoa highways.
The 18 residential lots proposed will add to the already large
number of residential lots in this area that use Ka'iminani
Drive as a connector road to Queen Kaahumanu and Mamalahoa.
The present design of the Queen Kaahumanu and Mamalahoa
intersections with Ka'iminani Drive are quickly approaching
their effective limits.
We ask that the limitations of these two intersections be taken
into consideration in the review of this application.
DF: if
nnn~3
EXHIBIT
'Gt
l)
SidneyFuke&Associates
100 Pauahi Street. Suite 212 ~ Hilo, Hawaii %720 Consutling Land Use Planners
Telephone: (808) 969-1522 ~ Fax: (608( %9-7996
January 22, 1997
9>
Ms. Virginia Goldstein, Director
Planning Department
'r
COUNTY OF HAWAII oo ~
25 Aupuni Street
Hilo, Hawaii 96720 ~ ~
•
f
Deaz Ms. Goldstein: c r
c
SUBJECT: SLU (SLU 96-13) and Rezoning (RF7 96-32) Applications
Ham Foster Irrevocable Trust. TMK: 7-3-5 99 100 101
Regarding the agency comments to date, the applicant is unsure of what the current
County Housing Agency policy is relative to requests of this nature where residential lots
only and no housing is being proposed. The housing condition has changed since adoption of
the existing policy. As such, the Agency may wish to revisit or re-examine the existing policy
at the time these applications are considered by the County Council.
The Police Department and State Department of Transportation both noted traffic
concerns at both ends of Ka'iminani Drive. This is an existing situation that can be addressed
from a regional perspective. While this project will generate some measure of impacts to
those intersections, the impacts should not significantly affect the existing ambient conditions.
Further, by providing cross streets between existing subdivisions possible, the project should
help mitigate existing conditions at the Mamalahoa Highway/Ahikawa Street intersection.
Then, too, the project's density would be limited, as there would be a "no ohana" provision
for all proposed lots.
It should also be noted that as a means to address regional concerns, the Council has
imposed an impact fee as a condition of zone change. That may be an alternative to address
these regional concerns.
Thank you very much for sending me agency comments. Should there be more of if
you have other questions relating to this matter, please feel free to conctact me.
'ncere~~
L-V
S NEY M. FUICE
Planning Consultant
cc Mark Van Pernis, Esq.
OG7U1
Jwir or w'!!`
~o,.• . Nelson M. Tsuji
~ Y~%<. Fire Chief
Stephen K Yamashiro
Mayo. ~ Edward Bumatay
:i:' Deputy Firc Chief
r Or M•
~IIU11fK II~ ~tifU2lTi
FIRE DEPARTMENT
777 Kilauea Avenu< • Mall hne, Room 6 • Hilo, Hawaii 967304239
(808) %1-8297 • Fu (808) %742% j~
January 10, 1997
C~ '
~
To: Virginia Goldstein, Planning Director ~
- r~
From: Nelson M. Tsuji, Fire Chief ~ ?
SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION
(SLU 96-13)
REQUEST: AGRICULTURAL TO URBAN
CHANGE OF ZONE APPLICATION (REZ 96-32)
REQUEST: UNPLANNED TO RS-10
APPLICANT: HARRY FOSTER IRREVOCABLE TRUST
TAX MAP KEY: 7-3-5: 99, 100. 101
The Fire Department's requirements as stated in the Fire Code are:
"INSTALLATION AND MAINTENANCE OF FIRE-PROTECTION, LIFE-SAFETY
SYSTEMS AND APPLIANCES
"Installation
"Sec. 10.301. "(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.
EXHIBIT
O(1~E;6~/
To: Virginia Goldstein, Planning Director
Page 2
January 10, 1997
"The location, number and type of fire hydrants connected to
a water supply capable of delivering the required fire flow
shall be protected as set forth by the respective county water
requirements. All hydrants shall be accessible to the fire
department apparatus by roadways meeting the requirements of
Section 10.207.
"(d) Fire Hydrant Markers. When required by the chief,
hydrant locations shall be identified by the installation of
reflective markers.
"(e) Timing of Installation. When fire protection facilities
are to be installed by the developer, such facilities
including all surface access roads shall be installed and made
serviceable prior to and during the time of construction.
When alternate methods of protection, as approved by the
chief, are provided, the above may be modified or waived."
c
~S
Fire Chief
NMT/mo
3 /,cl~~~
BENJAMIN J. CIIYETANO ] ) ESTH ER UEpq
GOVERNOR /'j EMEG "~~E JCC CEa
1
a
STATE OF HAWAII
DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT & TOURISM
LAND USE COMMISSION
P.O. Box 2359
Honolulu, HI 96604-2359
Telephone: 808-567-3822
Faz: 808-567-3827
December 18, 1996
r
i . ~
Me. Virginia Goldstein
Planning Director j
County of Hawaii ~
25 Aupuni Street, Room 109 - _
Hilo, Hawaii 96720-4252 '
_
Dear Hs. Goldstein:
Subject: State Land Use District Boundary Amendment Application
(SLU 96-13); Change of Zone Application (REZ 96-32)
Harry Foster Irrevocable Trust
TMK. 7-3-6: 99, 100, 101
We have reviewed the subject applications, as transmitted by your
memorandum dated December 12, 1996, and have the following comments to offer:
1) We confirm that the subject area, identified as TMK: 7-3-6: 99,
100, and 101, is within the State Land Use Agricultural District.
2) It is our understanding that the parcel involved in the proposed
State Land Uae District reclassification and Change of Zone is
identified ae THI(: 7-3-5: 99, consisting of approximately 5.436
acres.
3) Further, we understand that the roadway parcels, identified as
TMK: 7-3-5: 100 (Oneone St.) and 101 (Keokeo St.) are not proposed
to be reclassified or subjected to the Change of Zone application.
However, the applicant, together with a joint owner, proposes to
improve Oneone St. and dedicate said improvements to the County.
We have no further comments to offer at this time.
Zf you have any questions in regards to this matter, please feel free to
contact me or Leo Asuncion of my staff at 587-3822.
Sincerely,
ESTHER UEDA
Executive Officer
EU:th
EXHIBiI 1~5~.~
~ ,
:1
SidneyFuke&Associates
100 Pauahi Street, Swte 212 • Hilo, Hawaii 96720 Consulting Land Use Planners
Telephone: (608( 969-1522 • Fax: (808( 969-7996
January 3, 1997
D~
vo
Ms. Virginia Goldstein, Director C'o.o ~
Planning Department y~; S
COUNTY OF HAWAII ~ ~ ~
25 Aupuni Street o_~~ ~
Hilo, Hawaii 96720 ,
~ ~
.y/ ~
s
Dear Ms. Goldstein:
SUBJECT: SLU 96-13 and REZ 96-32 Applications
Ham Foster Irrevocable Trust. TMK 7-3-5 99 100 101
Thank you very much for sending me a copy of comments from the State Land Use
Commission and Department of Health regarding the subject applications.
Please be informed that, as suggested by your staff earlier, the roadway parcels are
also being requested to be reclassiSed and rezoned in conjunction with the basic parcel. .As
you may be aware, both roads - Keokeo Street and Oneone Street -were improved in
conjunction with the subdivision of the subject and surrounding parcels.
Relative to the wastewater requirements, each lot owner would be responsible for
providing a system that meets with the prevailing requirements of the State Department of
Health. At this time, that would be a septic tank system.
We trust that the foregoing adequately responds to the respective agency's
comments. If not or if there additional comments or questions regazding these applications,
please feel free to direct them to me. Thank you very much.
Sincerely,
~L~
U'"
SIDNEY M. FUKE
Planning Consultant
cc Mark Van Pernis, Esq.
EXHIBIT X0054
,
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO, HAWAII
DATE February 20, 1997
IViemorandum
To :Planning Director
i
FROM ~Ga en M. Kuba, Chief
Engineering Division
sus~ECT: Change of Zone Application (REZ 96-32)
State Land Use Boundary Amendment (SLU 96-13)
Applicant: Harry Foster Irrevocable Trust
Location: Kalaoa 4th, North Kona, HI
TMK: 7-3-05:99,100,101
We have reviewed the subject applications and offer the following comments:
1. All development generated runoff shall be disposed of on site and shall not be
directed toward any adjacent properties. Applicant should be informed that if drywells
are included in the subject improvements, an Underground Injection Control (UIC)
permit must be applied for from the Department of Health, State of Hawaii.
2. All grading and grubbing activities shall comply with Chapter 10 of the Hawaii County
Code.
3. As proposed by the applicant, One'one St. (parcel :100) and the proposed fifty (50)
foot private road serving fourteen (14) lots should be constructed/upgraded to
dedicable standards.
4. As per the applicant's plans, we concur that One'one St. should be dedicated to the
county to ensure improved traffic circulation.
TWP:sIs
cc: Engineering -Hilo
Engineering -Kona
Planning -Kona EXHIBIT
. ,
n~ ¦~rtr
r
H u
~..I l~~ ~I
' DEPARTMENT OF WATER SUPPLY • COUNTY ~OF HaWAII
`~l'~~N~WU~'~,+ 28 AUPUN STREET • HLO, H~A,W kh ,'98720; ~
TELEPHONE (808) 9cIX 8XxRY% F A X (808) R~~Ae~e6cetd',
961-8660 961-8657
March 12, 1997
TO: Planning Department
FROM: Milton D. Pavao, Manager
SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION N0. 96-013
CHANGE OF ZONE APPLICATION N0. 96-032
APPLICANT - HARRY FOSTER IRREVOCABLE TRUST
TAX MAP KEY: 7-3-005:099
We have reviewed the subject applications.
Please be informed that the assignment of 2 units of water to the subject property
granted to Tax Map Key 7-3-005:087 through the Kona Source Agreement is not
allowed. This is pursuant to action taken by the Water Commission at it's meeting
of July 15, 1991 to extend the Kona Source Agreement to June 30, 1994.
A maximum of seven (7) units of water is available to the property from an
existing 6-inch waterline along Oneone Street and an existing 6-inch waterline
along Ke'oke'o Street fronting the property. This allotment of seven (7) units at
600 gallons of water per day per unit is not sufficient to satisfy the water
requirements for the subject applications. However, water for the additional
eleven (11) lots may became available in the future through our ongoing system
improvement program that consists of source development, storage, and transmission
waterline improvements.
Therefore, the applications and plans must be revised to reflect this limitation
and submitted for our review and approval.
Should there be any questions, the applicant can contact our Water Resources and
Planning Branch at 961-8660.
Milton D. Pavao, P.E.
Manager
WA:gms
copy - Harry Foster Irrevocable Trust
Van Pernis, Smith & Vancil
Mr. Sidney Fuke
E X H I B I T
q ~ ~ r,
UVafer rin~~ pro$ree~
Keola Childs
75-5648 C Mamalahoa Hwy. / ~
Holualoa, HI 96725 ~
Ph (808) 896- 1145 /Fax (808) 323-6118 ~ - > i
e-mail: childsk@gte.net ~'•4u'~r
-
March 3, 1997 ~
Mr. Kevin Balog, Chairman
Hawaii County Planning Commmission
25 Aupuni Street
Hilo, HI 96720
RE: Harry Foster Irrevocable Trust
Change of Zone Application RF7.96-32
State Land Use Boundary Amendment SLU 96-13
Kalaoa 4th, North Kona TMK Nn. 7-3-05: 99, 100, & 101
Dear Chairman Balog and Commissioners:
I would like to express my full support for the above-referenced application and petition, for the
following reasons:
1. Critical need to provide and/or facilitate a network of interconnecting
neighborhood streets.
This needs was formally recognized by the County Council via its recently adopted
resolution supporting a comprehensive roadway plan for this particular area.
2. Small project size/density increase relative to the public benefits gained
through infrastructure linkages (roads & water system as police/fire service
routes).
The subject property sits "dead center" in series oC vacant parcels that transect and thus
divide a fairly homogenous community into two groups, mutually isolated by car and foot.
This site will provide the public right of way for nvo of four or five interlinkages possible
Cor this community.
3. Applicant is willing contribute a fair share of improvements, land and/or
funds to mitigate the generalized growth impacts on the surrounding area.
The sooner the central portions of this community are fully developed, the sooner this
community can heal and grow into a single entity, and make group decisions on still-need
neighborhood parks and a fire station that serves all community components involved.
Of course, it remains extremely important that the County conduct and complete a traffic impact
analysis of the traffic circulation characteristics and needs that will result from the Cour or five
roadway linkages envisioned in this immediate area. Although the county administration has
evinced a willingness to do so, I encourage the Commission to itself stress the importance of
carrying this out right away, so as to not impede the construction and opening of the vital roadway
linkages these and other landowners are willing to provide our commumry.
Mahalo, ,
EXHIBIT (.Z1.5S
Keola Childs `
~I ~~d' ',r'.~~'.1
f
HARRY FOSTER IRREVOCABLE TRUST
STATE LAND USE BOUNDARY AMENDMENT:
AGRICULTURAL TO URBAN
CHANGE OF ZONE:
UNPLANNED TO SINGLE-FAMILY RESIDENTIAL-10,000 SQUARE FOOT
TAX MAP KEY: (3) 7-3-5: 99
KALAOA 4TH, NORTH KONA, HAWAII
HARRY FOSTER IRREVOCABLE TRUST
STATE LAND USE BOUNDARY AMENDMENT:
AGRICULTURAL TO URBAN
CHANGE OF ZONE:
UNPLANNED TO SINGLE-FAMILY RESIDENTIAL-10,000 SQUARE FOOT
TAX MAP KEY: (3) 7-3-5: 99
KALAOA 4TH, NORTH KONA, HAWAII
Van PERNIS, SMITH & VANCIL
Mark Van Pernis ATTORNEYS AT LAW, A LAW CORPORATION P)mne (808) 329-355!
David E. Smith 75-167 F HUALALAI ROAD, SUITE B Fax (808) 329-6185
Gary W Vancil P. O. BOX 1537
William I. Zimmerman KAILUA-KONA, HAWAII 95740
November 25, 1996
Via Facsimile No. 969-7996 and U.S. Mail
Mr. Sidney Fuke
100 Pauahi Street, Suite 212
Hilo, Hawaii 96720
Re: TMK (3) 7-3-5:99
Harry R. Foster Irrevocable Trust
Deaz Mr. Fuke:
The Harry Foster Irrevocable Trust, sole owner of the subject
property, by its undersigned sole Trustee, authorizes you to proceed with
and act as the Trust's representative and agent in applying for and obtaining
a land use boundary amendment, change of zone, and subdivision approval
for TMK (3) 7-3-05:99.
Sincerely,
HARRY R. FOSTER IRREVOCABLE TRUST
MARK VAN PERNIS, Trustee
I,"
MVP/ajf
COUNTY OE HAWAII PLANNING UEPARTML•'NT
APPLICATION k'UK S1'AS'E LAND USE BOUNDARY AMENDMENT
(15 ACRES OR LESS)
Harry Foster Irrevocable Trust
APPLICANT•
APPLICANT'S SIGNATURE• 2~?S?c~ (Mark Van Pernis)
MAILING ADDRESS; 75-167F Hualalai Road, Suite B
Kailua-Kona, HI 96740
TELEPI[ONE: (EUS) 329-3551 x 102 (HOME)
LA2iDO47NERe Same
LANDOWNER'S SIGNATURE: I rV2USTt ~
TAX MAP KEY; (3) 7-3-5:99
LAND AREA: 5.436 acres
CURREN'P STATE LAND USE DISTRICT' CLASSIFICATION: Agriculture
REQUESTED STATE LAND U5E DISTRICT CLASSIFICATION: Urban
THE APPLICANT SHALL SUHMIT TAE FOLLOWING:
A. Non-refundable filing and orocessinq fee of two hundred dollars.
8. Original and fifteen copies ef:
1. Application form.
2. Location map. '
3. Preliminary site plan, drawn to soalc~ with all existing
and proposed structures and improvements shown thereon.
4. Reasons for the requested change and written de~oription of
the property and proposed developments including but not
limited te:
a. The extent to which the proposed reclassification
conforms to the applicable goals, policies, standards,
and Courses of action of the General Ylan and
implementing ordinances, plans anfl documents; and
h. The extent to which the proposed reclassification
conforms to the applicable district standards.
C. A minimum 2-font ~y 3-foot presentation map requested under 8.3,
abovo.
OgDOq
PD 2/2G/N7
APPGI_A'"ICCI FOR CNANC;F, OF ZONE
COUNTY 0? HAWAII
PLANCIING DEPARTMENT
APPLICANT: _Harry Foster Irrevocable Trust
APP:.ICANT' S SIG NA"_'_~RE:~~~TR~sTe~ Mark Van Pe~',gr,2.5s; 11/16/96
ADDRESS: 75-167F HualalaiRoad,JSuite B
Kailua-Kona, HI 96740 -
LIST AP?r;CANT'S LNTSR£ST IP NOT OWNER
~IS'° PR'NCIPAL(S; ?NCLCDiNG .JA,MES OF MAIN ONFICERS
TYLEPYOC:E-3JE.NESS: _ 1 x102 RESIDENC°:
a6CUE5T: Unplanned (U) TO Single-family Residential (RS-10)
Exis~iny zon ng) (Proposed zoning)
TAX :1AP :SE't: (3) 7-3-5:99
ARLA OF PROPERTY OR AA'E'ECTED AREA(Si TO BE REZONED: 5.436 acres
LANDOWNER(S): Same
OWNER'S SIGNATURE JStBt DP.T~:
.ay e by letter
AGEN":: Sidney Fuke
ADDRESS: 100 Pauahi Street, Suite 212
Hilo, HI 96720
T@LEPHONE-BUSINESS: 969-1522 RESIDENCE:
FAX - 969-7996
Please indicate rn whcm original c.orre9ponden::e and ca pies should be
sent. ORI(;7NALSidney Fuke COPSES Mark Van Pernis, Esq.
(See InStL'UCt1cn5 yr, Bac:<)
ATTACHMENT
Residential Rezoning
PLANNING DEPARTMENT
COUNTY OF HAWAII
PPPLICATION FOR CHANGE OF ZONE
1. If your request is approved, do you intend to subdivide
the subject land in accordance with the approved change
of zone? yes
If yes, please answer the rest of question 1 and then to
question 3.
a. How many acres of tree requested area do you intenc to
subdivide? all
b. Into what lot sizes? 10,000+ sf
c. If your request is approved, approximately how long
after the date of approval do you expect to submit
your subdivision plans to the Planning Department
for preliminary approval? Immediately
d. Do you intend to build houses on the newly created no
lots?
If yes, please answer the following questions:
On how many of those lots?
At what approximate price range? House
Lots
Total
Approximately how long, after approval of
the subdivision, would the first house be
available for occupancy?
If you intend to subdivide, please submit a
preliminary schematic subdivision plan together
with your change of zone application form.
2. If you have no firm plans of subdividing the subject area,
do you intend to:
a. Sell or lease the land to someone who has firm
plans?
b. Sell or lease the land to someone who has tentative
plans?
c. Sell or lease the land to someone who has no plans?
d. Keep it?
e. Other (please state)
f. If you intend to do either a, b, or c, please elaborate
on the kind of plans the other party has. Please, also,
include in your answer approximately how soon after
approval of your rezoning do you expect to transfer the
subject land to another party.
3. Do you think that your request and your further plans
for the land will alleviate the local housing situation? Yes
mow? By providing additional residential-sized lots on the
market in a desirable residential neighborhood, it should
enable many existing homeowners to relocate; thus making
their existing homes available to others.
4. Are there any buildings on the subject area? no
If so, what kind?
What do you intend to do with those buildings if your
request is approved?
-2-
5. Is the subject land currently being used for any
agricultural activitity? no
If so, please list the kinds of products grown and on
how many square feet or acres of land per product.
6. To your knowledge, has there been any flooding and/or no
drainage problem on the subject area?
If so, please describe the problem.
7. Do you think that the roads leading to the subject area
needs improvement? no
If so, what kind?
Is the road adequate for the proposed traffic volume
or load? ves
8. What sort of governmental assistance and/or improvements
do you feel will be needed in the subject area when
developed?
Yes No
a. Schools x
b. Roads x
c. Sewer x
d. Drainage x
e. Police Protection x
-3-
Yes No
f. Fire Protection x
g. Recreational Facilities x
h. Public Utilities x
i. Other x
For those checked ~~yes,~~ please elaborate what type or kinds of
improvements and/or assistance are needed.
Signature• (See letter of authorization)
Address: 75-167F Hualahi Rd., Suite B
Telephone: Kailua-Kona, HI 96740 ph: 329-3551
Date: Nov. 27. 1996
-4-
6337A/SOA
P.D. 5/84
HARRY FOSTER IRREVOCABLE TRUST
STATE LAND USE BOUNDARY AMENDMENT: AGRICULTURAL TO URBAN
CHANGE OF ZONE: UNPLANNED (U) TO SINGLE-FAMILY
RESIDENTIAL-10,000 SQUARE FOOT (RS-10)
TAX MAP KEY: (3) 7-3-5: 99
KALAOA 4th, NORTH KONA, HAWAII
I. GENERAL REQUEST
The applicant, Harry Foster Irrevocable Trust, is
seeking a State Land Use boundary amendment from
Agricultural to Urban and a County rezoning from
Unplanned (U) to Single Family Residential-10,000 Square
Foot (RS-10) for a 5.436 acre parcel. The subject
property is located in Kalaoa 4th, North Kona, Hawaii,
Tax Map Key: 7-3-5: 99 (Figure 1).
The requests are to allow the development of an 18-lot
residential subdivision with related improvements.
II. PROPERTY DESCRIPTION
A. Project Location
The subject parcel is a rectangular-shaped parcel
located between Keokeo and Oneone Streets. Its
makai boundary abuts Oneone Street and the mauka
boundary, Keokeo Street. Both streets intersect
with Ka'iminani Drive, which is one of the region's
major mauka-makai spine roads located within the
Kona Palisades Subdivision (Figure 2). Keokeo
Street, however, continues northerly to the Kona
Coastview Subdivision.
The site is located about 500 feet north of
Ka'iminani Drive. Immediately fronting the subject
site along Oneone Street is a 6.438 acre parcel
(TMK: 7-3-05:12) that was recently rezoned
(Ordinance No. 96-114) into the RS-10 district.
B. Surrounding Land Uses
The subject parcel is currently undeveloped and
vacant of any structures. Although the entire site
has been bulldozed in the past, vegetation common to
this area now covers the site.
-1-
x
IFS p~ y. -i~R. X . : r
. 'tT,
.two. Na: xx~ .!1° ~ tyf:' ~ ~~1_j ria ii~i~`r*:~ t - ~ i
:s~~1TJourc~ L~2~E_E~l~~~ ~ ~ sI'iiU +Zy~a~~I~lj~lj'..
~ . ? ~ 1 ~
rwrinm+ - . ~
~ ~ ~ I
t r>? ~
,r
•ur ~ OZ o6 u I _ i _ '---I
1 .
a ]
~ V~ I IA ~ ~ N t
q I ~~~v;~ 5 rd X, ~I~ ~ ~p~~ ' ~ ~I y ~`tjt
1i ~ 2~- t i
t V - Y ~ i o ~ I,. i
e
1 I~ 4 +t~ Y r
t t ~~16F J~ +r'°~-~< 9~~. ~
W(l r
K;£_~`~ a ..7h ~ t ~ 1--
Y$ Ib' YQu Y$ ; U ~iiC ~ t ~1~ ~ ~ rl 7 AI17'~$
~ ~ ~~~'g ~ l'~S t ~ j e ~ ti,E,."~k` i~~'• j ~ ~ S J•~ {~'1w 1
o tC Y i I ~ wn o' C IS `'c' a - ~
' g ~ (a E1~ o ` X51 t °F~~ n A ba
j I a }2 f'. ~il~ 'I°+, ~ lit~~k'-= q~t. I t ur'•'Ij~ rrn I~~" J_
yp7 _ _ _ • ~ iF (~1 bywy:[~j~(~ ~~Im~..Y ~ Et~~ ~ _ _ 7~ i ~ ~ 3~,~ ~i. nwu i
f ' V v •Ip. 7.{ A f ~ a Y ltd,. la t ~ RA,tE ~ "'LT' ~O~ ~Oa L (I
t tj~. 7u 2~ i•~1 a iii Yi i, (i ,~~Y It ti.. ` ~ + `GI ~ L~
~y7, ! l~
`~a t 3 ti ~'~Fj( ~,i41 .,.r,a. aK:3-, !~y ` ~ v' v~r 1 '..,,I f7'
I'w ~b~ `I~F~ 7 ~ i,~ i t i Y7
j
i 11 1
t .~p v ,
z . p, t~ I e( o
r~) p {~uM i V~ C. I IY c~7Y 1 ~ l •'{~MMIY
!N ? ~ ql ?...~avr~ AJY4 ~ I 1~
I • r j ~ ~ , i I i~ ° ,
S~ 2 ~ r ..1KA q ~ Q 3' ~
$ c
Ei Y~ ~ p~ ~ ~ ~ '~a ~ + ~ ~ ~ ~
]
T' b ~ ~ kf t~ eYffi I € ~ t I~ I
f , ~
p ~ a n n
'p I i • . ~ Y n
°I ~ s U ~ x ~ ~ i.
® r._. iu t 4 i a ~".t
2 ~ i d rl IW,~ 1 ppH Ib ~ u F( C
2 ~ F ( F = 2 ~ f i 7
it C i , k .s~ ! e rv ; ~F 7i~ : a 2~ IB ~ a . ~ y~ ~ j
; Iy. P i o I I' 17 I i Y
`Y~ti. tr"~r~' R a ~ a ~ I R r~! i~~ 1`~\I j.ci
O!a k=-. ~I i :1 Yt ,V +FrA S, K4 (/A t I I= g i'
n ~ k~. i' L' ~ $R rr~ ~ Izd; Ft. I {ll~ t I f 6 , ~ ~
a rai ~ - MAwA/l ~ LELT I ~i r f ' I O r V'
ZQ7 ~ j ~O.In ° ~ n
rn' .N ~.r ~ ~ ~ Ic j ~L~ ~ I~ lu vir ~w. rro rar O ~F ..-~.o•~,~ rY4
r i •
"tea
/y h.1 n ~ ° I ~ : Zoo ~
Syr Cc7 ~ ~ O ~ A ~-,01.,. ---~`1' `I
1~+ W
I- J
~7d VJIV l
r'
I v
0 41~
,
~ i ~~:t~ ~ ~a i
t ~ ~ v vNr, rHC..l ~ I
~ ~ ~ MpgTH i fi.
~I ~ - I = ~ ,
` I 'z
I I~ 'k~ rld
v ~ I o
~,1
a
c-~~ ~ I; ~ ~u ~ ~
; ,
I $ O
t ~
i
ti
~ i,
I: ~_3~r7d ,
I _ /Nl 7//117
~ ~
~
I? , ~ .
I3 n ~ ~ ~ ~ 2 ~ K
l; t ~ ~ ~ -.o
• 1 I ~ \ ~ ~I
~C • ~
~ i ~d ~
,1. 2 ~ ~
~ ~ ~ 1 W ~.7
a v R w
i ~ ~ ~ Q
{ ~ ~ 3
o
~ ~ ~ Y W
, , ~
` li I ~Y\~ ~ Q
~ ~
~ ~ c ~ . W
~ V
FIGURE 2
There are single-family residences and a number of
vacant residential lots adjacent to the subject
parcel. These include the Keahole Heights
Subdivision along Oneone Street; an 18-lot
subdivision south of the subject parcel; and the
Kona Palisades Subdivision. Most of these lots
average 10,000 square feet in size.
There are 1+ acre lots and a 6+ acre lot adjacent
and to the north of the subject site. The Kona
Coast View Subdivision is located beyond those
larger lots. Said subdivision is a residential
subdivision consisting of lots ranging between
15,000 to 20,000 square feet.
There does not visually appear to be any active
agricultural activity in the immediate vicinity.
III. PROPOSED DEVELOPMENT
The proposed project would consist of eighteen (18)
10,000+ square foot lots. There would be two accesses -
one from Oneone Street and the other from Keokeo Street.
There would be underground utilities, a 50-foot wide,
County-dedicable road with curbs, gutters, and sidewalk
within the proposed roadway coming in from Oneone
Street. The roadway from Keokeo Street would serve only
three lots and would thus essentially serve as a
driveway. (Figure 3).
These roads are intended to be privately-owned. That
section of the roadway lot fronting the subject site
(TMK: 7-3-05: 100) is jointly owned between the
applicant and the owner of the property makai of said
proposed roadway. This roadway is intended to be
improved at the joint expense of those two owners and
then dedicated to the County.
The applicant has no plans to construct dwellings on the
proposed lots. Covenants and design restrictions,
however, are being planned for which future homeowners
would have to abide by. Convenants would include a "No
Ghana" provision to maintain the single-family
residential ambience of this area.
These lots are intended to be sold at market price,
geared to homeowners.
-2-
ON~GN 1 1~---~~I
1 . _ -~`1 ~ Srq~ 1
q 111 yr
YI~ ~ ~ ~ ~ n u~'~. id 8
•\~V O Y
:IIIC a •5 h~ ~ 1
I M\ 111
~ N ~ • i C'~
E
1 jl~ t i _ ~ i YL 14s:h1J.l_..__ y r
s I
glib ; ~ I _
5 I " ~k
s ~ I del sYr
. ~ ~ u+ IA ti.. 4'•
4 Ir ~
'1
f a~ I 1 r
i
1 _-y____--__._
-_1 - ~ ~4 -
_ ~ e
a
U _ ~I
41 n n i~
a„ n ~I r :~'rS~'S~'s-~ 1/1 U;7r1 DI 'ul
~ ~ t ~ .le . .1 ~ 1.
L\
a
~k~
_ Ll•
_ I , 4J P
~I~.~ d~' ~
I,1 p~ b'~ ,r~4~ r r
1 I J ~ ~ § r
In /
' I
b r u ~ r ~ 1 F 1: eR ~ ~ 9
. , t, a . 1
b _ R' f! t, 11 X9,1---.._ _ ~ 1...~nr 1
o ~ t~ I i 11 ~ ~ t ~ 1. ~ 3 ~ .
~ T 7[ ui 1 1 ~ ~I.m v;: rtl ~ if;l Fi o Q 1
4~ V .1 I~1 i 1{ ~1 vI 1 N till , li`~ I r 5..
t, ~ a n a x
^ 1 ,1 ~i,l a+( i
7v-. ff Y l' li I r .i Il Vi i' 4 >2y U.
g 111 1~1 ° J•1 ~ $ e ,7
~ _ 1
c ~1 111 I I
1 / L A
e.
~ "y CaS ~ f
i4 Pew 1` ~ ~ I ° ~ Y
• k \ ~ in
\ ul
y ~ vl u.
\ ~ a
~ ~
Q:j .I
I ay,1, ~ i.
iN
~L~ Iwii'M{ • Oe )tl
{'-1~e 11 i
F tl. »
W r
Y I m `
T 6
J 0
°6' a I ~ 1 I ?i~
lye ~ ~!yJ;~
E+ -14~'.:1a1" lin.: h}IY _ .u IA ~ it
-r'e°il 7a-r
a t~f. 1 e~VZ' ~.q 1 1
. f i f \ ~ ~ ' ff ^I I t1 ~ •'n~ ~ ~ 1 In a ,l~ l~.-.~ }.i
`\T\_ W 9 t ' - 1, E ar,,...\ ,3 Q ^W 777 F i!.
. v'~ .v 1 n n~ ~ ~ N nii ~ 1JfI ~ '/i.!
2 j ~ i i 8 t/ f ~ *t 1~? . yI I
1 L k ~ le I 1 1 v 4 l.y. r~ 1 )a ~ /iiJl
ri l.'^..tL ~~1 IrJ'-.-fC5rY3 ._.I~:.if xs- 1H ~q %%~i
G v x a~ I~-- ~ 4
li m <F ;1
w`' K G•l! K @•0 B T !1 E ff T •^7 ~Itri~r': 4f' ,
~ ~II y,~in. II
1,
Ir' - fi;
Iti- I i ; r
i t
Development of the subject parcel is proposed to begin
immediately upon securing all required permits. The
target goal is to begin construction in early or mid
1998.
IV. INSTITUTIONAL CONSIDERATIONS
A. State Land Use Classification
The State Land Use district classification of the
subject parcel is Agricultural. A portion of this
request is to have an Urban classification to allow
the development of a residential subdivision.
It should be noted that since 1985, pursuant to a
State law, the Counties are allowed to process
amendments involving land areas of fifteen acres or
less. In this case, the subject parcel consists of
5.436 acres.
B. County General Plan
The General Plan Land Use Pattern Allocation Guide
Map (LUPAG) designates the property as Extensive
Agriculture/ Alternate Urban Expansion (AUE).
This request is to allow an urban development, a
planned low-density residential subdivision.
C. Community Development Plan
The Kona Regional Plan (KRP), adopted by the
Planning Commission in April 1984, designates the
subject area Residential-4 units/acre (RES 4).
D. Kailua-Keahole Regional Plan
A more detailed and updated plan of this area,
commonly referred to as the K-K Plan, was prepared
in 1989. This Plan earmarked this area for
residential expansion.
E. Zoning Code
The subject parcel is currently zoned Unplanned (U)
by the County. The applicant is requesting
Residential-10,000 Square Foot (RS-10) zone
-3-
designation.
F. Special Management Area (SMA)
The subject parcel is not located within the County
SMA.
V. INFRASTRUCTURAL CONSIDERATIONS
A. Water
The applicant has two (2) unused water commitments
secured through the Kona Source Agreement for an
adjoining parcel (formerly TMK: 7-3-5: 87). The
basic parcel is also eligible for one (1) unit, and
six (6) additional units are now being allowed by
the Department of water Supply. Thus, there is
already a total of nine (9) units of water for this
parcel. Additional availability of water for this
area is anticipated in the near future.
Should the entire water commitments not be
available, then, the development would be done in
phases; the balance of the site would be developed
only upon securing the additional water commitments.
It is the applicant's understanding that additional
commitments could become available in this area in
the near future due to the recent development of
several new water sources.
On-site and related off-site water improvements for
the proposed subdivision improvements will be done
by the applicant.
B. Roadway
There would be two accesses to the subject parcel.
The principal one serving fourteen (14) lots would
be via Oneone Street. Oneone Street connects to
Ka'iminani Drive, the main mauka-makai connector
road between Hawaii Belt Road and Queen Kaahumanu
Highway. Oneone Street has a 50-foot right-of-way
width and a 20-24 foot wide pavement. Ka'iminani
Drive has a right-of-way width of sixty (60) feet
with a 24-foot wide pavement.
-4-
The unimproved section of Oneone Street, which is
jointly owned by the applicant and the road's other
adjoining property owner, would be extended to the
subject property's northerly boundary by the
applicant or the other landowner.
A new County-standard but privately-owned roadway
from Oneone Street would be constructed to serve
these fourteen (14) lots.
The other access which would serve the other four
(4) lots would be via Keokeo Street. Keokeo Street
also intersects with Kaiminani Drive and connects to
the adjoining Kona Coastview Subdivision to the
north. Keokeo Street is a County-owned roadway with
a 50-foot right-of-way and a 20-foot wide pavement.
Three of the lots from Keokeo Street would be served
by a private road; the other would have its access
directly from Keokeo Street.
C. Wastewater System
As there is no municipal system in this area,
cesspool or a septic system meeting with the
prevailing requirements of the State Department of
Health's rules and regulations will be installed by
the respective homeowners.
D. Utilities
All essential utilities are currently available to
the area.
E. Public Services
Police services, fire protection services, public
government agencies, and schools are located in the
town of Kailua-Kona, approximately 5 miles away.
VI. ENVIRONMENTAL CONSIDERATIONS
A. Soils & Elevation
The entire site has been cleared or bulldozed in the
past.
According to the US Department of Agriculture Soil
-5-
Conservation Service's Soil Survey Report, the land
is of the Kaimu (rKED) and Punaluu (rPYD) soil
series.
The Kaimu series consists of well-drained, thin
organic soils over Aa lava. The surface layer is
extremely stony peat about three (3) inches thick;
and is underlain by fragmental Aa lava.
Permeability is rapid, runoff is slow, and the
erosion hazard is slight. It should be noted that
this soil is not suitable for cultivation.
The Punaluu series consists of well-drained, thin
organic soils over pahoehoe lava bedrock. The
surface layer is black peat about four (4) inches
thick. The peat is rapidly permeable. The pahoehoe
lava is very slowly permeable, although water moves
rapidly through the cracks. Runoff is slow, and the
erosion hazard is slight. This soil is used for
largely for pastoral purposes.
The State Department of Agriculture's Agricultural
Lands of Importance to the State of Hawaii (ALISH)
has no classification for this site.
The Land Study Bureau's overall master productivity
rating system classifies the soil as Class "E" or
Very Poor for agricultural use.
Slopes on the property range from 6 to 20 percent.
Rainfall in the area averages forty (40) to fifty
(50) inches annually.
B. Drainage
The U.S. Corps of Engineers Flood Insurance Rate Map
(FIRM) designates the property use as Zone "C", area
of minimal flooding.
C. Flora/Fauna
Although the site was previously bulldozed, it is
now covered with vegetation. Vegetation is somewhat
dense and consists primarily of an overstory of
Christmas-berry, lama, alahe'e, kukui, and purple
strawberry guava. Ground cover consists primarily
of laua'e, bitter yam, lantana and air plant.
-6-
Although there was no professional survey conducted
of the flora and faunal resources of the parcel, the
applicant does not believe that rare or endangered
flora and fauna resources are likely to be found on
the subject parcel.
As mentioned previously, the parcel has been cleared
in the past. Secondary vegetation, mostly weeds,
are found along the northern and eastern portions of
the parcel.
D. Archaeological Features
As the site was previously clleared, the likelihood
of finding intact (if at all) archaeological
features appears somewhat distant. Nonetheless
because of its possibility, an archaeologist has
been retained. His report, which should be
completed within a month, will be submitted to the
Planning Department.
Notwithstanding the above, should any unanticipated
archaeological features or sites be uncovered during
land disturbance activities, work will cease and the
applicant will immediately notify the Planning
Director.
VII. JUSTIFICATIONS FOR STATE LAND USE AND REZONING REQUESTS
A. Agricultural Impact
Neither the subject site nor the immediately
adjacent properties have had recent agricultural
use. The site, however, did have some cattle
grazing use in the distant past.
Further, soil analyses did not fall within
substantive agricultural classifications, and
no adverse impact is expected to agricultural
land resources. Soils consist of the Kaimu and
Punaluu series. The Land Study Bureau's overall
master productivity rating for agricultural use is
Class "E" or very poor. The ALISH system does
not classify this property.
It should also be noted that in commenting on the
residential rezoning of an adjoining parcel, the
State Land Use Commission stated, in part, that
-7-
"the subject parcel is a portion of an area that is
recommended to be reclassified to the Urban District
in the report entitled State Land Use District
Boundary Review prepared by the Office of State
Planning."
As such, given the current non-agricultural use of
the subject site and surrounding area; its soil
resources; and the Office of State Planning's
report, the project's agricultural impact should not
be significant.
B. Relationship to Public Plans
1. Hawaii State Plan
Pertinent sections of the goals, objectives,
and/or policies of this Plan note the following:
a. (Provide) 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.
b. (Provide for) The orderly development of
residential areas sensitive to community
needs and other land uses.
c. Effectively accommodate the housing needs of
Hawaii's people.
d. Increase homeownership and rental
opportunities and choices in terms of
quality, location, cost, densities, style,
and size of housing.
e. Promote design and location of housing
developments taking into account the
physical setting, accessiblity to public
facilities and services, and other concerns
of existing communities and surrounding
areas.
f. Facilitate the use of available,
developable, and underutilized urban lands
for housing.
-S-
This project, although adding only eighteen (18)
residential lots to the housing inventory, will
provide an extension to a quality neighborhood
for eighteen (18) families.
The subject parcel is located proximate to
existing Urban subdivisions with public services
and utilities available for the proposed
subdivision. All on-site infrastructure will be
developed by the applicant.
The subject site is also contiguous to existing
urban areas, with the Kona Palisades Subdivision
and other newly developed subdivisions adjacent
to the site.
2. County General Plan
The Plan designates this area for Alternate
Urban Expansion (AUE), and the requested use is
consistent with said designation. Further, both
the Kona Regional Plan and the Keahole-Kailua
Plan also suggest residential uses for this
area.
As such, the proposed subdivision will be
compatible with the surrounding area and
will further the General Plan, Kona Regional
Plan, K-K Plan, and be contiguous to an existing
urban area.
C. Infrastructural Considerations
1. Roadways
Ka'iminani Drive, the access roadway from the
Hawaii Belt Highway, is one of two primary
mauka-makai connector roads between Queen
Kaahumanu Highway and the Hawaii Belt Road in
this region. It has a right-of-way width of
sixty (60) feet with a 24-foot wide pavement.
While there have been concerns over its use, it
should be noted that the concerns appear to be
more directed to its function as a mauka-makai
connector than its service to the subdivision.
Further, with the completion of another
connector in the vicinity of the Kaloko
-9-
Industrial area, there has been some measure of
traffic alleviation.
Interior roadway improvements will be made by
the applicant throughout the project. Said
improvements will have curb, gutters, and
sidewalks, consistent with the Keahole Heights
Subdivision.
Oneone Street has a right-of-way width of fifty
feet with a 20-foot wide pavement. It will be
extended over the entire length of the subject
property.
Further, with the impending additional north-
south road connectors (Keokeo, Oneone, and
Holoholo Streets), there would be increased
circulation between the Kona Palisades and Kona
Coast View Subdivisions. Further, there would
be a dilution of Kona Coast View Subdivision
traffic along the entire length of Kaiminani
Drive, as other entry points become available.
2. Wastewater
Since no municipal system is available in this
area, cesspool or septic system meeting with the
approval of the State Department of Health will
be installed by the various homebuilders.
3. Water
County water is available to this site.
Although only nine (9) water units are available
at this time, the actual development would be
phased. Thus, with the completion of additional
sources in this area, water for the remaining
nine (9) lots should be available.
The applicant will construct necessary
subdivision water system improvements.
4. Utilities
All other utilities are currently available to
the area.
-10-
5. Public Protection and Government Services
These services are currently available to the
area. They are within 7 miles of the subject
site.
D. Environmental Considerations
1. Floral and Faunal Features
Portions of the site have already been cleared.
There is no history of this area being a known
habitat for rare or endangered plant or animal
life. As such, it is anticipated that there
should be no significant impact to those
resources.
2. No On-Site Development Constraints
The site is not designated as being within a
floodway. Thus, no significant drainage
problems are anticipated. Further, the slope of
the property ranges between 6 to 20 percent,
which is not unusual for this area and is
similar to the adjoining parcel which was
recently developed.
3. Archaeological Features
As the site was previously bulldozed, the
presence of intact, if any, archaeological
features does not appear likely. This will be
corroborated by an archaeologist in a report to
be submitted shortly.
As such, subject to certain mitigative measures,
the subject site should not have any significant
archaeological impacts.
-11-