HomeMy WebLinkAboutCOM 0329.000 1996-1998Stephen K. Yamashiro
Mayor
May 20, 1997
i
Stephen K. Yamashiro
Mayor
MA` . 1997
(9IIlritfVl Of chdvall
PLANNING COMMISSION
25 Aupuni &1 , Room 109 • Hilo, Hewii %720.4252
(808) %1.8288 Fu (808) %I•%15
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 96-15)
Request: Agricultural to Urban
Change of Zone Application (REZ 96-36)
Request: A -la to RS -15
Aanlicant: Brian McCourt
The Planning Commission, after a duly held public hearing on May 1, 1997, voted to
recommend for your approval the proposed legislative bills to change the State Land Use
district from an Agricultural to Urban District and a Change of Zone to change the district
classification from Agricultural (A -la) to Single Family Residential (RS -15) for approximately
1.00 acre of land. The property is located on the makai side of Mamalahoa Highway and
north of Kona Palisades Subdivision, between Ke'oke'o and Holu Streets at Kalaoa 4th, North
Kona, Hawaii.
The Commission concurs with the following findings as recommended by the Planning
Director:
i 1 _ 1 o; 1 • 1- n
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 -la) to Single Family Residential (RS -15) 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.
The orderly development of residential areas sensitive to community
needs and other land uses.
Effectively accommodate the housing needs of Hawaii's people.
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 the Kona Palisades and Kona
Coastview subdivisions. The proposed reclassification is for a similar urban land use
designation. Thus, the 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 infrastructural
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. Access to the property is from Ke'oke'o Street
which connects to Ka'iminani Drive within the Kona Palisades Estates and/or Holu
Street which connects to Ahikawa Street within the Kona Coast View Subdivision.
Ke'oke'o Street has a 50 -foot wide right-of-way with 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. There are presently two dwellings on the property.
The dwellings should 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 -la) 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 1.00 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
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 Kona
Palisades and Kona Coast View subdivisions.
Based on the above, the 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.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 4
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 -15) 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 the 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.
SINGLE-FAMILY RESIDENTIAL
* To maximize choices of single-family residential lots and/or housing for
residents of the County.
* To ensure compatible uses within and adjacent to single-family residential zoned
areas.
* 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.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 5
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. It is adjacent to Kona Palisades and Kona Coast
View subdivisions. 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
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 6
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 -la 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 1.00 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, such a request would complement the existing and future residential land
use patterns of the surrounding properties in view of the adjacent Kona Palisades and
Kona Coast View 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. Water is available to the property. Access to the
property is from Ke'oke'o Street which connects to Ka'iminani Drive within the Kona
Palisades Estates and/or Holu Street which connects to Ahikawa Street within the Kona
Coast View Subdivision. Ke'oke'o Street has a 50 -foot wide right-of-way with 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 rules and regulations,
to be installed by the respective homeowners. 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 -la) to a Single Family Residential (RS -15) zoned district would
result in an appropriate land use pattern and further the public convenience, necessity
and general welfare.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 7
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 a copy of the applications and a copy of the staff background for your
information.
Sincerely,
Kevin M. Balog, Chairman
Planning Commission
AK: syw
LMcCou0l PC
Enclosures
cc: Mr. Klaus D. Conventz
Mr. Brian McCourt
Department of Water Supply
Department of Public Works
Kazu Hayashida, Director/DOT-Highways, Honolulu
State Land Use Commission
West Hawaii Office
WccouOl.emm-03/10/97
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
BRIAN MCCOURT
STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 96-15)
CHANGE OF ZONE APPLICATION (REZ 96-36)
BRIAN MCCOURT, 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 -la) to Single Family Residential (RS -15), for 1.00
acre of land. The property is located on the makai side of Mamalahoa Highway and north of
Kona Palisades Subdivision, between Ke'oke'o and Holu Streets at Kalaoa 4th, North Kona,
Hawaii, TMK: 7-3-5:104.
GENERAL INFORMATION
1. Landowner: Brian McCourt is the fee owner of the subject property.
PROPOSED DEVELOPMENT
2. Request: The applicant is requesting the land use changes to allow the development of
two (2) lots.
3. Preliminary subdivision plan: The plan shows the two lots would access off of
Ke'oke'o Street.
4. Additional information: In support of the request, the applicant has submitted the
following:
(See Exhibit A - Applicant's Letter November 16, 1996 and State Land Use
Boundary Amendment and Change of Zone Applications)
RELATED INFORMATION
5. TMK: 7-3-5: 85 - On February 23, 1989 Ordinance No. 89-30 was approved by the
Hawaii County Council to change the district classification for a 10.97 acre parcel from
Unplanned to Agricultural 1 -acre (A -la). This allowed the applicant to subdivide the
parcel into (10) 1 -acre rural house lots. The present application for TMK: 7-3-5:104 is
one of the parcels that was created by this subdivision.
Attach. C-329 (B-94 & 95,
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 Residential4 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 -1a).
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)
15. Subject Property: The subject property is an irregular shaped lot. There are
presently two structures on the subject property.
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
WZ
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 Kate Map (FIRM) designates
the property as Zone C, area of minimal 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 mentioned
previously the parcel has been fully developed.
21. Archaeological Features: The property is fully developed and, therefore, no
archaeological sites would be present on the property.
22. Surrounding Land Uses/Zoning: The adjacent lands immediately to the north, east,
west and southeast of the property are zoned A -la and A -5a. Further to the east, south
and west are zoned RS -10. There are single-family residences and a number of vacant
residential sized lots within the adjacent Kona Palisades and Kona Coastview
Subdivisions. The Kona Palisades and Kona Coastview Subdivisions are situated
within the State Land Use Urban District and are primarily zoned Agricultural (A -5a)
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 the request of the Planning
Department, the State Land Use Commission reclassified several non -conforming
residential subdivisions into the Urban District. The following subdivisions were
-3-
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 similar 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' -3-5:12, 85, 86, 87 and 88.
PUBLIC FACILITIES AND UTILITIES
24. Roadway: Access to the property is from Ke'oke'o Street which connects to
Ka'iminani Drive within the Kona Palisades Estates and/or Holu Street which connects
to Ahikawa Street within the Kona Coast View Subdivision. Ke'oke'o Street has a
50 -foot wide right-of-way with 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. A 60 -foot wide access easement is located along the property's southern
boundary and extends mauka to its eventual connection with the Hawaii Belt Road.
25. Water: According to the Department of Water Supply, water is available from an
existing 6 -inch waterline along Ke'oke'o Street fronting the subject property. In
addition, a water commitment may be issued upon receipt of payment for the required
deposit.
26. Wastewater: There is no municipal wastewater treatment facility to service the area.
According to the Department of Health the minimum setback requirements for existing
wastewater systems need to be maintained.
AGENCIES' COMMENTS
27. Real Property Tax Division (January 7, 1997 Memo):
"Real Property taxes are paid through December 31, 1996 for both."
1XIM
28. State Department of Transportation (January 7, 1997 Letter):
"Thank you for your transmittal of December 30, 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
roadway improvements. These improvements should be at no cost to the State.
"We appreciate the opportunity to provide comments."
Applicants Response (January 15, 1997 Memo):
"The State Director of Transportation refers in his letter to a transmittal letter by the
Planning Director, dated December 30, 1997.
"There appears to be a misunderstanding, as all intended improvements have been for
some time already on the tot, more precisely, two residences under CPR conditions,
which means 1 residence and 1 ohana on the 1 -acre lot. After the approval there would
be the same two structures, each on a 20,000 square foot lot roughly, and now on
separate lots under RS -15 zoning. Additional residences could not be established on
detached structures based on the current placement of the existing structures. In other
words, other proposed developments in the area may adversely impact the existing
infrastructure, this proposed project certainly does not."
29. Fire Department (January 17, 1997 Memo):
"We have no comments on the above -referenced State Land Use Boundary Amendment
and Change of Zone Applications."
30. State Department of Health (January 2, 1997 Memo):
"We have no objections to the proposed change of zone application. However,
minimum setback requirements for existing wastewater systems need to be
maintained."
31. Department of Water Supply: (See Exhibit C - January 6, 1997 Memo)
32. Department of Public Works: ( See Exhibit D - February 20, 1997 Memo)
33. Police Department: (See Exhibit E - January 10, 1997 Memo)
-5-
34. Land Use Commission: (See Exhibit F - January 6, 1997 Letter)
35. Department of Land and Natural Resources: (See Exhibit G - March 6, 1997
Letter)
36. HELCO
PUBLIC COMMENTS
37. The Department has not received any objections from the general public or adjacent
landowners.
ME
Klaus D. Conventz,B.D.B., M.S.
.. -. .
Real Estate Consultant
At jt, ation by owner / apptieant
u,_ -
�ouetu Oj Hawau &a n llccoua,t
:5 ivan n.v Street, Room 109
lid-, liawau 96720-4252
RE: Application , t Change o6 Zone 9 State Land Ude 6oundaty Amendment
o! Btian IcCoa:C bot T.n1.K. 3/7-3-5:104
Aeona:
As teotedentative Rot Brian ,McCourt 1 woutd tike to apnea ,{or Change o, 'on..rc
AG I to RS -IS toy ethea with the State Land Ude Boundatu Amendment.
REASONS FOR THE REQUIRED CHANGE
T;te owner / avpZicant and hid co-ownerd never intended to barn actuaeeu at ate
on the t•.;;d in, question. In 6act, they made it a condition be6ore the ce;, c
escrow, that peani,d bot two tedidenced would be obtained on the patcet.
they understood at the time that this wad only poddibte through Ohana aprt<c.:-
Z�on a.ld subsequent CPR. Some time a6tet the etoding they received in6otnation
Cha. C�,eu were in 6act in violation o6 State Land Ude Regutationd, which would
ontu ateow a 4atm dwetting, and i6 any second dwetting, workmen's quartets on-
ly Sot aaticultutat activities, which did not exist, and/ot wete neve, ir-ter. -
dzd.
On Septembet 24, 1996 the D4nectot provided a tettet, indicatinq that indeed
State Land use Boundatu Amendment had been approved Sot deveraZ patcet6 <r the
immediate area from Agiicutturat to Urban, and Chanqe o6 Zone to RS -10.
AZt the applicant wants id the ctari6ication o6 the Land Use and su+pti<iczt�-
oe o� the Zegat zoning / use contudion, deie.tion o6 CPR, and conveiance
_aunty Genese Peon ad welt.
T;Iz extdtina sttuctuie6 on the tot do not atto-u Sutthet 6ubdividiott beuond two
.':,Casted dttuctuted or tots. The intent id to subdivide Zhe pr000ded PS -IS z„
nee tote avptox. atony the cuttentty existing CP; boandaty tined. Thete�'ore +z
tin :u.i,Ce cteat, that the appZicant id not teatty after an increase in Z;te den-
dity or. hid paopetty. in other wotds, the applicant and hid co-ownetd would ba-
6icatty co•,+pty and be consistent with the Genetat Ptan Designation o6 Utban Ex-
pansion in the area and cutrent poticied perta.ininq to State Land Ude and Cot-
:edpondinq piecedentty gtanted Boundary Amendments.
Uneie6ore the applicant teque6t6 te6pect6utty the gtantinq o6 both appZicat�ons.
Sinncccee/r`eiiw,
Klou6 0." cOnv�. Z 44z:e4l!
I'o.t 111lin• Bm 2i(IB • tiailua Kona. Ila,. aii 9h71 i.?ZUH • I'lu me (Nlltll 129-OS9S • ;2o76)9
EXHIS17
'A'
APPLICATION FOR CHANGE OF ZONE
COUNTY OF HAWAII
PLANNING DEPARTMENT
APPLICANT:
l'
APPLICANT'S SIGNATURE J M- kA
/
ADDRESS: P C) Goy�LOI) �(AILU�� b7TS-2 Ov
LIST APPLICANT'S INTEREST IF NOT
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFI
TELEPHONE-BUSIINESS: 32 RESIDENCE:
REQUEST: � - /A TO S- I 5
(Existing zoning) (Proposad zoning)
TAX MAP KEY: 3� -�-s-I 0,/
AREA OF PROPERTY OR AFFECTED AREA (S) TO BE REZONED: 1.000
LANDOWNER (S) p"LJ�gtj(''L°ykr _TA V-1 KA lS O
OWNER' (S) SIGNATORY AUTHORIZATION grn"
([Qay be by letter)
AGENT:
ADDRESS: PA. Box 2308
Kallud-Kona, Mi. UbA 96745
TELEPHONE -BUSINESS: RESIDENCE: S'E
7 3ZG— i6o9
Please indicate to whom original correspondence and copies shoulr' bi
sent. ORIGINAL_��.iT��`�/ COPIES
STATE LAND USE BOUNDARY AMENDMENT 'LICATION
AGRICULTURAL TO URBAN
CHANGE OF USE APPLICATION
A -la to RS -15
APPLICANT: BRIAN McCOURT
T.A.K.: 3/1-3-5:104
REASONS FOR THE REQUESTED CHANGES
mote spec.ig.ically pentaimi.rtg to State Land Use Boundary Amendment Appt.i-cati.on under
e84a and 84b in the apptication, as weft as e4 o6 appti.cation gotm, Chanqe oK Zone,
and the extent to which the praposed tecta46igication and change o6 zone woutd con-
6otm and be consistent with the appticabte goats, poticiez, standards and coutse 06
action o6 the Genenat Ptan, imptementing ordinances, plans and documents.
At4o to which extent the proposed Lectaszi6iration congotm4 to the appticabte di -s -
ta.Lct standards.
The LAND USE DISTRICT CLASSIFICATION o6 the subject ptopenty is AGRICULTURAL, how -
evet, situated in an area which iA de4ignated bot URBAN EXPANSION (LAND USE PATTERN
ALLOCATION GUIDE HAP), "LUPAG"-Map o6 Otdinance NO. 89-142 o6 the GENERAL PLAN HA -
JAII COUNTY, BILL NO. 402, NovembeA 1989.
The proposed rezoning to RS -15 would be consistent / compatibte with Kona Costview
Subd-iviAi-on to the North (containing tots tanging 6rom 15,000 to 30,000 eq.6t), of
the Kona Palisaded Subdivision (with 10,000 4q.6t. tote) to the South.
In addition, the density proposed undeA RS -15 would be consistent with the 5 -unite
density timit undo the LAND USE CONCEPT MAP (Plate 15) o6 the KONA REGIONAL PLAN,
which shows the atea,4ubject propertty iA tocated in, designated goa tez.i.dentiat use
with the said density tinti.tat.i.on not-th o6 Patani Road, (5 units peA acte).
Appticant submits that the proposed -change would atso conjotm to the KEAHOLE-KAILUA
DEVELOPMENT PLAN, Apert 1991 since the LAND USE PLAN shows that subject ptopert,ty is
tocated in an area designated existing taiden.t.iat and adjoining the un.ive4ii.ty iA
designated as tetated residential area.
STATE LAND USE BOUNDARY AMENDMENT, as wet as CHANGE OF ZONE Kot the subject proper-
ty, would be consistent, and con6o4n with the appticabte Land Use Goats, Potici.es,
Standa4d4, and in the case 06 the GENERAL PLAN DOCUMENT inctuding the course a6 ac-
tion.
LAND USE goats poti.ci.ee and standards o6 the GENERAL PLAN HAWAII COUNTY:
GOAL: Designate and attocate tared uses in apptopt-iate proportions and mux and in
keeping with the social, cu-ltutal, and phy4icat enviroment4 o6 the County.
POLICY: Zone uAban and tutat types o6 uses in area with ease o6 access to communi-
ty 4eAvice4 and emptoyment centm4 and with adequate pubt.ic. uLititi-es and
bac i.ti.ti ee.
Attocate. apptopt.tate tequeAted zoning in accordance with the existing of
ptojected needs og the neighborhood, commtun.i-ty, Legion and County.
STANDARD:The designated Land u4e.4 wilt be delineated on the GENERAL PLAN LAND USE
PATTERN ALLOCATION GUIDE MAP.
Zoning tequeete shad be reviewed with respect to GENERAL PLAN de4i4q -
tion, di4ttict goals, tegionat ptane, STATE LAND USE DISTRICT, compati-
bitity with adjacent zoned ueee, avaitabitity o6 pubtic 6env.i.ees and uti-
ILtie4, access and pubtic need.
SINGLE-FAMILY RESIDENTIAL goats, potici.e4, 4tanda4d4 and cout4e o6 action o4the
GENERAL PLAN COUNTY OF HAWAII, and to which extent they con6otm / appty in
the
subject ptoperty 4 appticatLons got LAND USE BOUNDARY ASIENDMENT and CHANGE og ZON
GOALS: To maximize choices o6 4ingte-6amity te4identiat tote and/ot housing bot
teeidents o6 the County.
To en4ute compatibte uses within and adjacent to 4.ingte-6amUy LeAidentiat
zoned atea4.
To provide 4singte-6ani.ty teA.identiat areae eonven.ientty Located to pubt.Zc
and private services, shopping, otheA community activities and convenient
Post Office Box 2308 • Kailua-Kona, Hawaii 96745-2308 " Phone (808) 329-0898 • Fax (808) 326-7609
Sta,tz Lana Use Sounaa2u kmenam"nZ arta mange o,� _Ong
continued 6aom page 1 )
acce66 to employment cente26
POLICY: The County shaRt designate and attoeate zingte-6amiLy Residential zoned
Lands at vakying den4itie.6 bon 6atute use .in aceondanee with the needs
o6 the communities and the stated goats, pofi.c,iez, and atandakds.
STANDARDS: Aaea shalt have basic impKovements and amenities necessaay bon imn,e-
diate use.
Akea sha.tt be Limited to Low-density and medium density iezidenti.at
uses.
COURSES OF ACTION: Encouaage the devetopment o6 apptoptiatety Located and 6e2vi-
ced puvatety-held and State-owned Lands boa houeetots.
The County shalt encourtage the concent2ation o6 2ezi,dentiat
atnuctu2es to avoid atkip 2es.i.denti.at devetopment.
In summaky apptieant would Like to point out the appti.cant's application 6o¢
STATE LAND USE BOUNDARY AMENDMENT 6aom AGRICULTURAL to URBAN and the application
6o2 CHANGE OF ZONE to RS -15 iz in con6o4manee with the Land u6e and single-6ami.ty
nesidentiat goats, poti.ci.es, standards, and couase6 o6 action o6 the GENERAL PLAN
HAWAII COUNTY, att STATE LAND USE LAWS, KONA REGIONAL PLAN, and the KEAHOLE TO KAI-
LUA DEVELOPMENT PLAN.
As the Planning Departtment atneady pointed out in LetteA (attached), dated Sept.24
1996 to andeA6igned conzuttant, aeveka.t pakcetz within the .izmediate aaea have se-
cured apptovats boa a STATE LAND USE BOUNDARY AMENDMENT 6aom AGRICULTURAL to URBAN
az wett az a CHANGE OF ZONE to RS -10, and that the prtopozed ehan_ges in the cases
o6 the subject paopeAty wit.t be compatible with the sunaoundinq neighborthood and
it's Pow -density s.i.ngte 6amity uAban /aesidentiat chaaaeten o6 the KaPaoa akea.
WheAe6oae the applicant aequests nespect6uLty the grtanting o6 the pending appf_i.ca-
tions.
S.cnc eA ety,
Klaus D. Conventz
Repaesentative / Consu.ttant
ATTACHMENT
RESIDENTIAL ZONING
PLANNING DEPARTMENT
COUNTY OF HAWAII
APPLICATION FOR CHANGE OF ZONE
1. If the request is approved, do you intend to
subdivide the subject land in accordance with
the approved change of zone? YES
2. If yes, please answer the rest of question 1
and then to question 3.
a. How many acres of the requested area do
you intend to subdivide? -0
b. Into what lot sizes? .5 acne
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? at thi.6 time unknown
d. Do you intend to build houses on the newly
created lots? NO
If yes, please answer the following questions:
On how many of those lots? N/A
At what approximate price range? House N/A
N/A
Lots
Total N/A
Approximately how long, after approval of the
subdivision, would the first house be available N/A
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? NO
b. Sell or lease the land to someone who has
tentative plans? NO
C. Sell or lease the land to someone who has no
plans? NO
d. Keep it? VES
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?
How?
4. Are there any buildings on the subject area? VES
If so, what kind? 2 ,"identiat uni'td under. CPR
what do you intend to do with those buildings if
your request is approved?
Detete CPR, othenw.i.ee unchanged
5. Is the subject land currently being used for any
agricultural activity? NO
If so, please list the kinds of products grown and
on how many square feet of acres of land per product.
6. To your knowledge, has there been any flooding and/or NO
drainage problems on the subject area? —
If so, please describe the problem.
7. Do you think that the roads leading to the subject NO
area needs improvement? —
If so, what kind?
Is the road adequate for the proposed traffic volume YES
or load? —
8. What sort of governmental assistance and/or
improvements do you feel will be needed in the
subject area when developed?
YES NO
a. Schools
b. Roads
c. Sewer
d. Drainage
e. Police Protection
F1
YES NO
X
f. Fire Protection
g. Recreational Facilities X
h. Public Utilities X
X
i. other
For those checked "Yes," please elaborate what type or kinds
of improvements and/or assistance are needed.
Signature: �i
Address: 9,L&n HcCourtt, P08 2200, Ka.itua-Kona, NI
'16 145-72 200
Telephone: 329-1010 ok 325-6497
Date: 11-16-1996
6337A/50A
P.D. 5-84
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COUNTY OF HAWAII__ STATE OF HAWAII
Y'
RESOLUTION N0. 20 97
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 largest residential
community in all of West Hawaii; and
WHEREAS, although the neighborhoods making up the Kalaoa community are 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 infrastructure improvements for traffic, traffic safety, water, fire protection, parks, and
civil defense which would provide, facilitate, or increase infrastructure improvements and public
services for its many residents; and
WHEREAS, the Council recognizes that it is necessary for representatives of various
neighborhoods and the owners of the undeveloped land between them to be fully involved in this
planning program and that their input be carefully considered.
NOW, THEREFORE, BE IT 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
A comprehensive traffic plan, including all proposed cross connections, which
shall safely and internally connect the subdivisions of Kona Acres and Kona
Palisades with Kom 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.
The selection of appropriate locations for a volunteer fur station and one or more
neighborhood or community parks.
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 Stephen 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 22nd day of January , 1997.
COUNTY COUNCIL
County of Hawaii
Hilo, Hawaii
1 hereby certify that the foregoing RESOLUTION was by the
vote indicated to the right hereof adopted by the COUNCIL of the
County of Hawaii on January 22. 1997
ATTEST:
�o rt�c�G A71
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER
ROLL CALL VOTE
RESOLUTION NO. 210 g 7
January 6, 1997
TO
FROM
DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII
25 AUPUNI STREET • HILO, HAWAII 96720
TELEPHONE (808)9691421 FAX (808)9696996
Planning Department
Milton D. Pavao, Manager
SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION NO. 96-15
CHANGE OF ZONE APPLICATION NO. 96-36
APPLICANT - BRIAN McCOURT
TAX MAP KEY: 7-3-005:104
We have reviewed the subject applications.
Water can be made available from an existing 6 -inch waterline along Ke'oke'o Street
fronting the property.
Pursuant to the Department's "Water Commitment Guidelines Policy," a copy of which
is being attached to the applicant's copy, a water commitment may be issued. Based
on the one (1) additional unit requested in the proposed 2 -unit development, the
required water commitment deposit is $150.00.
Remittance by the applicant of the $150.00 is requested as soon as possible so that
a water commitment may be formally issued. The commitment will be in writing with
specific conditions and effective dates stated. Please keep in mind that this
letter shall not be construed as a water commitment. In other words, unless a water
commitment is officially effected, water availability is subject to change depending
on the water situation.
Should the subject applications be approved and a subdivision application be
executed, approval will be subject to the following conditions:
1. Install a service lateral that will accommodate a 5/8 -inch meter to the
additional lot.
EXHIBIT
Planning Department
Page 2
January 6, 1997
2. Submit construction plans and design calculations prepared by a professional
engineer, land surveyor or architect, registered in the State of Hawaii, for
review and approval.
3. Remit the prevailing facilities charge and capital assessment fee, which are
subject to change, of $2,700.00 and $500.00, respectively.
Should the applicant have any questions, please call our Water Resources and
Planning Branch at 961-8660.
A�6�1
Milton D. Pavao, P.E.
Manager
WA:gms
copy - (w/att.) Mr. Brian McCourt
(w/o att.) Customer Service Sections (Hilo, Kona, Waimea, and Ka'u)
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO, HAWAII
DATE February 20, 1997
Memo andAi 71
TO Planning Director
FROM /(6alen M. Kuba, Chief
Engineering Division
SUBJECT: Change of Zone Application (REZ 96-36)
State Land Use Boundary Amendment (SLU 96-15)
Applicant: Brian McCourt
Location: Kalaoa 4th, North Kona HI
TMK: 7-3-05:104
We have reviewed the subject application and offer the following comments:
1. Buildings shall conform to all requirements of code and statutes pertaining to
building construction.
2. All development generated runoff shall be disposed of on site and shall not be
directed toward any adjacent properties.
3. Applicant shall 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.
4. All grading and grubbing activities shall comply with Chapter 10 of the Hawaii County
Code.
5. Vehicular access shall meet with the approval of the Department of Public Works.
The sight distance must meet the requirements of the Statewide Design Manual. All
lots should be accessed from one common access road.
TWP:sIs
cc: Engineering - Hilo EXHIB17
Engineering - Kona
Planning - Kona
Stephen K. Yamashiro
Mayor
(0unfg of pufunit
POLICE DEPARTMENT
349 Kapiolani Street • Hilo, Hawaii 967203998
(808) 9353311 • Fax (808) 961-2702
January 10, 1997
ffTOPLANNING DIRECTOR
FROM J E S. C REA, DEPUTY POLICE CHIEF,
ACT POLICE CHIEF
Wayne G. Carvalho
Police Chief
James S. Con
Deputy Polite 0i-,
SUBJECT STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU
96-15)
APPLICANT: BRIAN MC COURT
REQUEST: AGRICULTURAL TO URBAN
CHANGE OF ZONE APPLICATION (REZ 96-36)
REQUEST: A -la TO RS -15
TAX MAP KEY: 7-3-5:104
We do not believe the requests will negatively impact traffic
safety at the Ke'o Ke'o/Kaiminani Drive intersection in Kona
Palisades Subdivision or Holu/Ahikawa Streets intersection in the
Kona Coastview Subdivision.
However, our concern is at the intersections of Kaiminani Drive
with Queen Kaahumanu and Mamalahoa Highway, and Ahikawa Street
with Mamalahoa Highway. These intersections are quickly
approaching their effective limits.
Several other parcels within the immediate area have secured
approvals for zoning to urban changes. It is anticipated that
this trend will continue.
We recommend that the limitations of these two intersections be
taken into consideration during your review of the applications.
DAF: Ik
EXHIBIT
rt
O(}36-1
=
d
J
SUBJECT STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU
96-15)
APPLICANT: BRIAN MC COURT
REQUEST: AGRICULTURAL TO URBAN
CHANGE OF ZONE APPLICATION (REZ 96-36)
REQUEST: A -la TO RS -15
TAX MAP KEY: 7-3-5:104
We do not believe the requests will negatively impact traffic
safety at the Ke'o Ke'o/Kaiminani Drive intersection in Kona
Palisades Subdivision or Holu/Ahikawa Streets intersection in the
Kona Coastview Subdivision.
However, our concern is at the intersections of Kaiminani Drive
with Queen Kaahumanu and Mamalahoa Highway, and Ahikawa Street
with Mamalahoa Highway. These intersections are quickly
approaching their effective limits.
Several other parcels within the immediate area have secured
approvals for zoning to urban changes. It is anticipated that
this trend will continue.
We recommend that the limitations of these two intersections be
taken into consideration during your review of the applications.
DAF: Ik
EXHIBIT
rt
O(}36-1
eENJA, IN J. CAVETANO
GOVERNOR
STATE OF HAWAII
DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT & TOURISM
LAND USE COMMISSION
P.O. Box 2359
Honolulu, HI 96804-2359
Telepnone. 808-587-3822
Fax: 808-587-3827
January 6, 1997
Ms. Virginia Goldstein, Director
Planning Department
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
Dear Ms. Goldstein:
ESTHER UEDA
E%ECJIRE C<'ra
Subject: State Land Use Boundary Amendment Application
(SLU 96-15); Change of Zone Application (REZ 96-36)
Brian McCourt; TMK: 7-3-5: 104
We have reviewed the subject State Land Use District Boundary Amendment
Application and Change on Zone Application, as transmitted by your memorandum
dated December 30, 1996, and have the following comments to offer:
1) We confirm that the subject property, consisting of approximately
1.000 acres, and identified as TMK: 7-3-5: 104, is within the
State Land Use Agricultural District.
2) The subject property was a portion of lands that were utilized as
a quarry site. The quarry site was permitted pursuant to a
Special Permit approved by the Land Use Commission in 1971 (LUC
Docket No. SP71-103/J.M. Tanaka Construction, Inc.).
Review of our files show that the Special Permit was approved by
the Land Use Commission on August 7, 1971. The termination date
of the Special Permit was conditioned to be August 7, 1974.
However, on September 27, 1974, the Commission approved an
extension of the Special Permit until November 18, 1974. Our
files do not indicate any further extension of the Special Permit.
We have no further comments to offer at this time.
Thank you for the opportunity to provide comments on the applications.
If 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
EXHIBIT
0016 1
BENJAMIN J. LAYETANO
GOVERNOR OF HAWAII
REF:LD-AJ
FILE NO. A157
��' MICHAEL O. WILSONS CHAIRPERSON
� BOARD OF IANO 410 NATURAL RESOURCES
y d
OEPUT
STATE OF HAWAII GILBERT S. LOLOMA AGARAN
DEPARTMENT OF LAND AND NATURAL RESOURCES AQUACULTURE DEVEL
P.O. BOX 621 PROGR
AOUATIC RESOURCES
HONOLULU, HAWAII 96809 BOATING ANO OCEAN RECREATION
CONSERVATION ANO
RESC RICES ENFCIRCEMENT
MAR 6 1997 CONVEYANCES
FORESTRY MO WILDLIFE
HISTORIC PRESERVATION
1 DMSION
STATE PARKS -
WATER RESOU11�',i MANAGEMENT
Honorable Virginia Goldstein, Planning
County of Hawaii, Planning Department
25 Aupuni Street, Room 109
Hilo, Hawaii 96720
Dear Ms. Goldstein:
SUBJECT: State Land
Applicant:
Request:
Change of
Director
Use Boundary Amendment
Brian McCourt
Agricultural to Urban
Application (SLU 96-15)`�
Zone Application (REZ 96-36)
Tax Map Rey: 3rd/ 7-3-05:104
We have reviewed the subject application and would like to offer the
following comments:
Commission on Water Resource Management:
We recommend coordination with the appropriate county agencies to
incorporate any projected water needs associated with the State Land Use
Boundary Amendment Application (SLU 96-15) into the county's Water Use
and Development Plan.
It should be noted that the county's Water Use and Development Plan
(WUDP) is required as part of a continuing planning process pursuant to
the State Water Code, Chapter 174C, HRS. The plan is intended to present
consumption patterns and characteristics in the various water districts
served by the county's Board of Water Supply for the purpose of
developing strategies to meet future water demands. The WUDP prepared
by the county should serve as a guideline to future land use planning,
water source development, resource protection, water quality goals, and
where appropriate, to prioritize water use. In that regard, we encourage
the reuse of wastewater where possible, subject to review and approval
by the Department of Health.
Engineering Branch:
The proposed project site, according to FEMA Community Panel Map No.
155166 0703 C, is located in Zone X. This is an area outside the 500 -
year flood plain.
E X H I B I T
r ^ ,1
Honorable Virginia Goldstein
SLU 96-15 & REZ 96-36
Page 2
Historic Preservation Division
It appears from the limited information in the application that the
1 acre subject parcel has already been developed. It is, thus, highly
unlikely that any significant historic sites would remain on this
property. We, thus, believe that the requested boundary amendment change
and change of zone will have "no effect" on significant historic sites.
Thank you for the opportunity to review the subject application.
We have no further comments to offer at this time. If you have any
questions, please contact Al Jodar of the Land Division at 587-0424.
HAWAII:Earth's Best!
Aloha,
6Q:�r'� p.
MICHAEL D. WILSON
c: Hawaii Land Board Member
Hawaii District Land Office
I:\NETDATA\OARU\AL\LTR\COM157.RTN
APPLICANT:
APPLICANT'S SIGNATURE Irv"
ADDRESS: P QO`F �� QU kAILU� —kUtJFI �� �b7 S-2 2 �U
LIST APPLICANT'S INTEREST IF NOT
LIST PRINCIPAL(S) INCLUDIIN.G NAMES OF MAIN OFFICERS
TELEPHONE -BUSINESS: 3ZOggB RESIDENCE: 222-�- 697
REQUEST:
- Iq
(Existing zoning)
TAX MAP KEY �s
(Proposed zoning)
AREA OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 1.000
LANDOWNER(S):
OWNER'(S) SIG
AGENT:
ADDRESS: P.O. Box 2308
Kailua-Kona, Mi. USA 96745
TELEPHONE -BUSINESS: 0&,0 RESIDENCE: $y E
-71;4X 3ZG- 760
Please indicate to whom original 2c�orrespondence and copies should b(
sent. ORIGINAL ZLIL.?! 41WZZW� COPIES �IA41 ��&`/
THIS CHANGE OF ZONE APPLICATION MUST BE ACCOMPANIED BY:
1. 20 copies of the completed application form.
2. 20 copies of a location map.
3. 20 copies of a site plan drawn to scale with existing and
Proposed uses (e.g., structures, topography, proposed
subdivision).
9. 20 copies of a detailed written explanation of the reasons
for requesting the change bf zone. Please explain how the
requested change of zone would be consistent with the
goals, policies, and courses of action (if applicable) of
the General Plan document. Also, please indicate
specifically which goals, policies, and courses of action
are involved. (Copies of the General Plan document are
available at public libraries and at the Hawaii County
Planning Department.)
5. 20 copies of supporting information/documents (i.e.,
marketing analysis, traffic impact analysis report,
archaeological inventory survey, preliminary drainage
study, floral and fauna surveys).
G. 20 copies of appropriate Departmental Zoning Questionnaire.
7. $100.00 processing fee.
a. One copy of full-size (2' x 3') site plan drawn to scale
for presentation purposes. Site plan must include property
lines, existing/proposed structures and uses and reference
points such as roadways, shoreline, etc.
9. Legal description of the property in map and written form
by metes and bounds as certified by a surveyor.
10. List of tax map keys of surrounding property within 300
feet of the entire property boundaries. It is the
applicant's responsibility to obtain the most recent list
of landowners/long-term lessees from the Real Property Tax
Office upon being notified of the public hearing.
The submittal of an incomplete application will delay official
acceptance by the Department. Furthermore, additional information
may be requested by consulted agencies through the Department during
the course of the review process.
P.D. 5/91
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Klaus D.� B., M.S.
R ":. oCs int
kovembea 16, 1996
Aul wizallon by owner / appPi.eant
County of Hawaii Ulan NCCoakt We:
Planning Uepantmsnt
25 Aupuni Street, Room 109
Mu, Hawaii 96720-4252
RE: Applieattor (on Change on Zone K State Land Use uoundaru Amendment
o(. man AcCount 'on T.A.K. 3/7-3-5:104
Aloha:
As nepnesentative slot Brian McCouat I would We to app -'q not Change of Zoring
AG I to RS -1 -0 - tog ether with the State Land Use Boundany Amendment.
REASONS FOR THE REQUIRED CHANGE
The owners / aprticant and his co-owners never intended to {farm actually at all
oa the -Wd kn question. In jac-t, they made ,it a condition be4one the close o/
escrow, that penri�l lot two nesidenees would be obtained on ,the parcel.
They) understood at the time that this was only possible thnough Ohara ceppiica-
nor a,a 6uisequent CPR. Some ,time QM the closing .they neamued .in&nr,)allui !
that edea wens in {iact in violation of State Land Use Regulations, which would
onlu allow a loom Netting, and i6 any second dwelling, wonlzmen's quantens on -
/u ;on aanViUanat activities, which did not exist, and/on wens ne-ver tater -
aed.
On Septemben 24, 1996 the Dinecton provided a letter, indicating that indeed a
State Land Use Boundany Amendment had been approved Kon several parcels in the
immediate anea loom Agniaultunal to Unban, and Change on Zone to RS -10.
All the applicant wants is the elanilieation on the Land Use and oi"pl_inicati-
on 04 the leual zoning / use con{,usion, deletion of CPR, and eonpliance wither
County Genenal Plan as well.
The existing stnucture6 on the lot do not allow Kothen subdivision beyond two
detaehe_d 6touctune6 of lots. The intent is to subdivide the proposed RS -15 zo-
ned lots appnox. along the euntently existing CPR boundary lines. Thenalone it
as quite Acan, that the applicant is not really alter an icteric in the den-
sity on Pit pnopenty. In othen woods, the applicant and his co-own_ens would ba-
stically wally and be consistent with the Genenal Plan Uesianation of Unbar Lx-
panston in the anea and content poticW pentaininn to State Land Use and co-?-
2s600ndinq r-tecedently granted Boundany Amendments.
Une-ze4one the applicant requests ne6peetlully the granting o6 both appX_ication6
SinceneKu, /�
Klau6 0. Conventz
Post 011ier Boy 2308 • Kailuu-Kona, Ilawaii 96745-2308 • Phone (808) 329-0898 • Fns (808) 326-76119
Paye 1)
STATE LAND USE BOUNDARY AMENDMENT APPLICATION
AGRICULTURAL TO URBAN
CHANGE OF USE APPLICATION
A -1a to RS -15
APPLICANT: BRIAN McCOURT
T.M.K.: 3/7-3-5:104
REASONS FOR THE REQUESTED CHANGES
moae apeci.K.ically pe4taining to State Land Use Boundary Amendment Application under
#B4a and 84b .in .the appti.cati.on, as well as #4 o6 application Ko'm, Change oK Zone,
and .the extent to which the proposed 4eela6s.i6.i.eation and change o6 zone would con-
6orm and be consistent with the applicable goals, policies, standards and course oK
action o6 the General Plan, .implementing ordinances, plans and documents.
Also to which extent the proposed reclass.i6.i.cation con6o4ms to the app i-cabte di's -
tn.i.ct standards.
The LAND USE DISTRICT CLASSIFICATION o6 the subject property is AGRICULTURAL, how -
eve4, situated .in an area which is designated 6or URBAN EXPANSION (LAND USE PATTERN
ALLOCATION GUIDE MAP), "LUPAG"-Map o6 Ordinance NO. 89-142 06 the GENERAL PLAN HA -
WAII COUNTY, BILL NO. 402, November 1989.
The proposed rezoning to RS -15 would be consistent / compatible with Kona Costv.iew
Subdivision to the North (containing .lots ranging 6rom 15,000 to 30,000 sq.6t), or
the Kona Palisades Subdivision (with 10,000 6q.6t. .lots) to the South.
In addition, the density proposed under RS -15 would be eons.i.stent with the 5-unit5
density lima under the LAND USE CONCEPT MAP (Plate 15) o6 the KONA REGIONAL PLAN,
which shows the area,subject property is .located in, designated Kor residential use
with the said density limitation north o6 Palani Road, (5 units pen ac)te).
Applicant submits that the proposed change would also con6orm to the KEAHOLE-KAILUA
DEVELOPMENT PLAN, April 1991 since the LAND USE PLAN shows that subject property is
.located in an area designated existing )tmi.dential and adjoining the univeAs.ity is
designated as related tez.i,dentiat area.
STATE LAND USE BOUNDARY AMENDMENT, as well as CHANGE OF ZONE Kok the subject proper-
ty, would be consistent, and con6o4m with the applicable Land Use Goals, Policies,
Standards, and in the case o6 the GENERAL PLAN DOCUMENT .including the couase a6 ac-
tion.
LAND USE goals, pot -tam, and standards _06 the GENERAL PLAN HAWAII COUNTY:
GOAL: Designate and allocate .land uses in appropriate proponti.onz and mix and in
keeping with the social, cultural, and physical env.iAonments o6 the County.
POLICY: Zone urban and rural types o6 uses .in area with ease o6 access to communi-
ty seicv.i.ces and employment centers and with adequate pubt is utilities and
6aci hies.
Allocate appropriate requested zoning in accondanee with the existing or
projected needs o6 the neighborhood, community, region and County.
STANDARD:The designated land uses will be delineated on the GENERAL PLAN LAND USE
PATTERN ALLOCATION GUIDE MAP.
Zoning requests shall be reviewed with respect to GENERAL PLAN des.i.gna -
t.ian, diztrict goals, regional plans, STATE LAND USE DISTRICT, compat.i-
bit ity with adjacent zoned uses, availabitity o6 public se4v.i.ces and uti-
titiez, access and pubtic need.
SINGLE-FAMILY RESIDENTIAL goals, policies, atandand6 and course o6 action oK the
GENERAL PLAN COUNTY OF HAWAII, and to which extent they eon6orm / apply .in the
subject property's applications Kon LAND USE BOUNDARY AMENDMENT and CHANGE o6 ZONE.
GOALS: To maximize choices o6 zingle-Gamily residential lots and/or housing 6or
residents o6 the County.
To ensare compatible uses within and adjacent to single -Gamily nes.idential
zoned areas.
To provide single-6amity nes.i.dential areas conveniently located to public
and private serv.iees, shopping, other community activities and convenient
Post Office Box 2308 • Kailua-Kona, Hawaii 96745-2308 • Phone (808) 329-0898 • Fax (808) 326-7609
Page 2) Apptieat-i.on McCoutt, T.M.K.: 3/7-3-5:104
State Land Use Boundatre Amendment and Change og Zone
continued gtom page 1)
access to employment centeAs
POLICY: The County shall designate and allocate s.i.ngle-6amity tes.i,denti,al zoned
lands at vaty.utq densities bon gutune use .in accordance with the needs
o6 the communities and the stated goats, policies, and standards.
STANDARDS: Area shall have basic .improvements and amenities neceesaay boa imme-
diate use.
Atea shalt be t im.i ted to Low-denzity and med i.un, density tez ident.i.at
us ee .
COURSES OF ACTION: Encourage the development oh app4op4 atety located and seAv.i-
eed p4,Lvatety-held and State-owned lands got housetotz.
The County shah eneounage the concentration og tez.i,dentiat
struetutes to avoid 6t4ip tes.i.denti.al development.
In summary applicant would tike to point out the appti,cant's appt-Lcati.on bort
STATE LAND USE BOUNDARY AMENDMENT 6rom AGRICULTURAL to URBAN and the application
bort CHANGE OF ZONE to RS -15 is .in congoronance with the land use and single-gamity
rtes.identi,at goals, policies, 6tanda)td4, and eoutses o6 acorn og the GENERAL PLAN
HAWAII COUNTY, all STATE LAND USE LACUS, KONA REGIONAL PLAN, and the KEAHOLE TO KAI-
LUA DEVELOPMENT PLAN.
As the Planning Depattment atteady pointed out in lettere (attached), dated Sept.24,
1996 to undeA6igned consultant, seve¢at partcetz within the iumned.i.ate atea have se-
cured approvals got a STATE LAND USE BOUNDARY AMENDMENT 6tom AGRICULTURAL to URBAN
as well as a CHANGE OF ZONE to RS -10, and that the p4opo4ed changes .in the cases
o6 the subject ptopehty wi tt be compatible with the zuttounding neighborhood and
.it's low-density single 6amity urban /tes.i.denti,al ehataeteA o6 the Kalaoa area.
Where6o4e the appticant requests tespectgutty the gzanti.ng og the pending appli.ca-
ti.o ns .
Sine ear. ely,
Klaus D. Conventz
Reprtezentati.ve / Consultant
Post Office Boa: 2308 • Kailua-Kona, Hawaii 96745-2308 • Phone (808) 329-0898 • Fax (808) 326-7609
Stephen K. Yamashiro
Mayor
September 24, 1996
JMtV os MqK
\�rirlln;.
Irei`.N'j1
&iunfV 0f ('P+F fnffl
PLANNING DEPARTMENT
25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-9252
(808)961-8288 • Fax (808)961-9615
Mr. Klaus D. Conventz
Baumeister Consulting
P. O. Box 2308
Kailtla-Kona, Hawaii 96745-2308
Dear Mr. Conventz:
Change of Zone Inquiry: TMK: 7-3-5:104
This is in response to your letter dated September 9, 1996, regarding a possible
change of zone request from A -la to RS -15 for the subject property.
Virginia Goldstein
Director
Norman Olesen
Deputy Director
In review of our files, TMK: 7-3-5:93 and 94 were rezoned by Ordinance No. 89-30,
effective February 23, 1989, from Unplanned to A -la. The properties were subsequently
consolidated and subdivided (Sub. 6002) into 10 approximately 1 acre lots. The State Land
Use designation for the subject property is Agricultural. The General Plan designation for
the area is Urban Expansion.
Your question is for a preliminary determination on the possibility of rezoning the referenced
property from A -la to RS -15.
For your information, several parcels within the immediate area have secured approvals for a
State Land Use Boundary Amendment from Agricultural to Urban and a Change of Zone
from Unplanned to RS -10. So there is some precedent for Urbanization of this area. As
such, we would entertain the submittal of a State Land Use Boundary Amendment and a
Change of Zone Application for the request.
However, should your particular request be approved, we can expect that other owners
adjacent or surrounding your property may request the same. The implication of rezoning a
parcel from A -la to RS -15, which may further encourage an increase in density within this
area, needs to be reviewed on a more detailed level upon submittal of your request and upon
conferring with applicable government agencies. Therefore, we are not able to sanction any
type of approvals for your request.
Mr. Klaus D. Conventz
Page 2
September 24, 1996
Prior to submitting your request, we encourage you to review existing files relative to similar
requests in the immediate area. We also suggest that you check with various public agencies
in regards to possible comments and requirements. This includes consulting with the
Department of Public Works, Department of Water Supply, Fire Department, Health
Department and Department of Transportation.
Please remember, that although Change of Zone and State Land Use Boundary Amendment
(less than 15 acres) applications are reviewed by the Planning Commission, the County
Council makes the final determination on whether to approve or deny the requests.
Should you have any further questions regarding this matter please contact Susan Gagorik or
Alice Kawaha of this Department at 961-8288.
Sincerely,
-lam
�t VIRGIWIA GOLDSTEIN
Planning Director
SG:pak
F:wpwi n60\susan\Ik Iaus01. skg
cc: Kona Office
ATTACHMENT
RESIDENTIAL ZONING
PLANNING DEPARTMENT
COUNTY OF HAWAII
APPLICATION FOR CHANGE OF ZONE
1. If the request is approved, do you intend to
subdivide the subject land in accordance with VES
the approved change of zone? —
2. If yes, please answer the rest of question 1
and then to question 3.
a. How many acres of the requested area do 1.0
you intend to subdivide? —
b. Into what lot sizes? .5 acne
C. If your request is approved, approximately
how long after the date of approval do you
expect to submit your subdivision plans to
time unknown
the Planning Department? at thiA
d. Do you intend to build houses on the newly Na
created lots?
If yes, please answer the following questions:
On how many of those lots? N/A
At what approximate price range? House N/A
N/A
Lots
Total N/A
Approximately how long, after approval of the
subdivision, would the first house be available N/A
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
NO
plans?
b.
Sell or lease the land to someone who has
NO
tentative plans?
C.
Sell or lease the land to someone who has no
NO
plans?
d.
Keep it?
YES
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?
How?
4. Are there any buildings on the subject area? YES
If so, what kind? 2 ae6 dentcat un'" under CPR
What do you intend to do with those buildings if
your request is approved?
De£ete CPR, othenmf.se unchanged
5. Is the subject land currently being used for any
agricultural activity? NO
If so, please list the kinds of products grown and
on how many square feet of acres of land per product.
6. To your knowledge, has there been any flooding and/or NO
drainage problems on the subject area? —
If so, please describe the problem.
7. Do you think that the roads leading to the subject NO
area needs improvement? —
If so, what kind?
Is the road adequate for the proposed traffic volume VES
or load?
8. What sort of governmental assistance and/or
improvements do you feel will be needed in the
subject area when developed?
YES NO
X
a. Schools
X
b. Roads
X
C. Sewer
X
d. Drainage
X
e. Police Protection
YES NO
f. Fire Protection X
g. Recreational Facilities X
h. Public Utilities X
X
i. Other
For those checked "Yes," please elaborate what type or kinds
of improvements and/or assistance are needed.
�
Signature: /,,
Address: Bn,lan McCount, POB 2200, Kaitua-Kona, HI
- 200
Telephone: 329-1010 ox 325-6497
Date: 11-16-1996
6337A/50A
P.D. 5-84
COUNTY OF HAWAII PLANNING DEPARTMENT
APPLICATION FOR STATE LAND USE BOUNDARY AMENDMENT .
(15 ACRES OR LESS)
1,
f,
APPLICANT:
APPLICANT'S SIGNATURE:
Sn
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MAILING ADDRESS:
00X
1100
KAILyA—kO,)P N1 Q04Y-22W
TELEPHONE: (BUS) � C6 s%.g- (Q Q (HOME) 10 h� �� 6z a
LANDOWNER: t �Ar!h���OV2! �HIJ✓ G���LtiOvJ I_�ft)Il1C v✓lLio4—
J'
y LANDOWNER'S SINATURE:
TAX MAP KEY: 3/7—]-_5`/Q4-
LAND AREA: !. 0061 f�C/Rcr
CURRENT STATE LAND USE DISTRICT CLASSIFICATION: 1)a2jC _TvP..A L
� n
REQUESTED STATE LAND USE DISTRICT CLASSIFICATION:V
THE APPLICANT SHALL SUBMIT THE FOLLOWING:
A. Non-refundable filing and processing fee of two hundred dollars.
B. Original and fifteen copies of:
1. Application form.
2. Location map.
3. Preliminary site plan, drawn to scale, with all existing
and proposed structures and improvements shown thereon.
4. Reasons for the requested change and written description of
the property and proposed development, including but not
limited to:
a. The extent to which the proposed reclassification
conforms to.the applicable goals, policies, standards,
and courses of action of the General Plan and
implementing ordinances, plans and documents; and
b. The extent to which the proposed reclassification
conforms to the applicable district standards.
C. A minimum 2 -foot by 3 -foot presentation map requested under B.3,
above.
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Klaus D...Ggnc$z B.A.B., M.S.
ReaI'ESYi ybps nt
Novemben 76, 7996
AutiWWat&n by owner / appPieant
County of Hawaii�aian 71cCou�rt D e:
Planning Uepantment
25 Aupuni Street, Room 109
H Yo, Hawaii 96720-4252
RE: Arrtication (or Change of Zone 8 State Land Use doundary Amendment
on Hnian AnCourt (on T.M.K. 3/7-3-5:104
Aloha:
As representative (or Brian McCount I would like to apple/ /.on Chance of Zonino
AC 1 to RS-15togethen with ,the State Land Use Boundary Amendment.
REASONS FOR THE REQUIRED CHANGE
The owner / applicant and his co-owners neven intended to (aim actually at all
on the V_ad in question. In laet, .they made it a condition belore the close of
escnow, that perml.`s lot two nesidences would be obtained on the parcel.
They understood at the time that this was only possible through Uhana applica-
tion al subsequent CPR. Some time a(ten the closing they received infonmation
thaw they wene in (act in violation of State Land Use Regulations, which would
only allow a (arm dwelling, and it any second dwelling, workmen's quantens oH-
Cy Xon agnicu-0una4 activities, which did not exist, and/on wene neven inter
Jr_ Septeh er 24, 7996 the Director provided a letter, indieati.nq that inaso'
State Lawd Use Boundary Amendment had been approved bon several pancees din the
mmediate area from Agricultural to Urban, and Change of Zone to RS -IG.
All the applicant wants is the etarilication of the Land Use andcati-
on c( the legaP zoning / use eon(usion, deletion of CPR, and compliance within
County General Plan as well.
The existing stnuetunes on the lot do not allow (unthen subdivision beyond two
detached stnuctune6 on lots. The intent is to subdivide the proposed RS -75 zo-
ned lots appaox. along the currently existing CPR boundary lines. Thene%one it
is quite clean, that the applicant is not neatly alter an increase in the den -
situ on ,his poopenty. In others words, the applicant and his co-owners would ba-
sicalty comply and be consistent with the Genenat Plan Designation of Unbar Ex-
pansion in the area and eunnent policies pertaining to State Land Use and con-
ncspondinq rieeedentty granted Boundary Amendments.
Lacn e(ore tie applicant requests respeetlulty the granting of 'both applications.
Sinr_eneXu, /�
R('aus U. Corventz
Im Wke faux 2308 • Kadua-Duma. HauM 967412308 • Phune (808) 329-0898 • Pax (808) 326-7609
Page 1)
STATE LAND USE BOUNDARY AMENDMENT APPLICATION
AGRICULTURAL TO URBAN
CHANGE OF USE APPLICATION
A -la to RS -15
APPLICANT: BRIAN McCOURT
T.M.K.: 3/7-3-5:104
REASONS FOR THE REQUESTED CHANGES
morte spec4icatty pertaining to State Land Ude Boundary Amendment Apptl ati-on under
eB4a and Bob .in the app.Pi.cati.on, as weft as M4 o6 appfi-eati.on 6onm, Chanqe oK Zone,
and the extent to which the paopozed nectass.iAivati,on and change o6 zone would con-
6oam and be consistent with the apptteabte goats, potic ies, standard and couase o6
action o6 the Generat Ptan, .imptementing ordinances, plane and documents.
Atso to which extent the paopozed 4eetass.i6.i,cat.i.on con6o4m6 to the appti.cabte d z -
tni.ct standards.
The LAND USE DISTRICT CLASSIFICATION o6 the subject paope&ty .is AGRICULTURAL, how -
eveA, situated in an area which .is designated bon URBAN EXPANSION (LAND USE PATTERN
ALLOCATION GUIDE MAP), "LUPAG"-Map o6 Oadinance NO. 89-142 o6 the GENERAL PLAN HA -
WAII COUNTY, BILL NO. 402, NovembeA 1989.
The paopozed rezoning to RS -15 would be consistent / eompati.bte with Kona Costv.iew
Subd.iv.i.s.i.on to the Noath (containing Lots )cang.ing Kaom 15,000 to 30,000 sq.6t), on
the Kona Pat.i.sadeb Subdivision (with 10,000 sq.6t. Lots) to the South.
In addition, the density proposed under RS -15 would be consistent with the 5 -units
density Limit undeA the LAND USE CONCEPT MAP (Plate 15) o6 the KONA REGIONAL PLAN,
which shows the anea,subject p&opeAty is Located .in, designated boa tesidenti.at use
with the said density Limitation north o6 Patani- Road, (5 units pen. aeae).
Appt.Lcant submits that the paopozed change would aero eon6otm to the KEAHOLE-KAILUA
DEVELOPMENT PLAN, Apai.t 1991 since the LAND USE PLAN shows that subject pnopenty is
Located in an aaea designated existing tesi-dentiat and adjoi.ni.nq the un,ivensLty is
designated as tetated tez.identi.a.t a-te-a.
STATE LAND USE BOUNDARY AMENDMENT, as we.tt as CHANGE OF ZONE Kon the subject paopeA-
ty, wound be consistent, and con6o4m with the appticabfe Land Use Goats, Potic.i-ez,
Standaads, and .in the case o6 the GENERAL PLAN DOCUMENT .including the coa&se a6 ac -
ti -on.
LAND USE Goats potiei.ee and standards o6 the GENERAL PLAN HAWAII COUNTY:
GOAL: Designate and attocate Land uses .in appnopni.ate pnopon.tLons and mix and .in
keeping with the sociat, cuttuaat, and phys.i,cat enviAonment6 o6 the County.
POLICY: Zone urban and rtunat types o6 uses .in area with ease o6 access to commani-
ty senv.i,ees and employment eenteAs and with adequate pubti-e utitities and
6aci.t.i ties.
Attocate appnopa.ia.te n.equested zoning_ in accordance with the existing oa
paojected needs oK the neighboa.hood, community, aegi,on and County.
STANDARD:The designated land uses wZ" be detineated on the GENERAL PLAN LAND USE
PATTERN ALLOCATION GUIDE MAP.
Zoning aequeete shote be reviewed with rtespeet to GENERAL PLAN designa
tion, distn.ict goats, aegionat plans, STATE LAND USE DISTRICT, compati-
bitity with adjacent zoned uses, avaltabitity o6 pubt,i,c ee4v.ices and uti--
titi-es, access and pubt i.c need.
SINGLE-FAMILY RESIDENTIAL goats, potx-ie,6, standaadz and eounse oK action oK .the
GENERAL PLAN COUNTY OF HAWAII, and to which extent they con6o4m / appty ix the
subject pnopenty's appt.i.cati-onz Kos LAND USE BOUNDARY AMENDMENT and CHANGE o6 ZONE.
GOALS: To maximize choices o6 e.ingte-6am.i ty 7ez i.dentiat tots and/o¢ housing bon
aezidents o6 the County.
To ensure compati-bte uses within and adjacent to 6.i.ngte-6am.ity nesddentiat
zoned a7eas.
To paovide s.ingte-6amity aesufentiat aKeas eonvenientty Located to pubt.i-c
and private seAvices, shopping, other community activities and convenient
Post Office Box 2308 • Kailua-Kona, Hawaii 96745-2308 • Phone (808) 329-0898 • Fax (808) 326-7609
Page 2) Appt.ication McCoultt, T.M.K.: 3/7-3-5:104
State Land Use Boundalt, Amendment and Change o6 Zone
continued jltom page 1)
access to employment eenteA4
POLICY: The County shatt designate and attoeate 4.tngte-4am.i.ty xez.ident.i,at zoned
Lands at valty.ing densities jolt 6utulte use .in accoadance with .the needs
o6 .the communities and .the stated goats, poti.c i.e4, and standaltds.
STANDARDS: Altea 4hatt have basic .impltovementz and amenities nece44aay bolt imme-
diate use.
Altea shalt be t.im.ited to Low-density and medium density ltes.identiat
u4 U.
COURSES OF ACTION: Encoultage the devetopment of apptopa.iateLy Located and seltv.i-
ced puvatety-held and State-owned Lando boa housetots.
The County 4hatt eneou4.age the concentaati,on of lte4.ldentiat
stltuata4e4 to avoid zt4i,p ltee.ident(at devetopment.
In summalty appticant woutd Pike to point out the appt.l.eant's appt.icat.i.on boa
STATE LAND USE BOUNDARY AMENDMENT jltom AGRICULTURAL to URBAN and the appt.i.eat-ion
bolt CHANGE OF ZONE to RS -15 is in con6oltmance with the Land use and s.ingte-6amity
lte4.identi.at goats, poti.ci.ea, ztandaltd4, and coultse4 o6 action o6 the GENERAL PLAN
HAWAII COUNTY, att STATE LAND USE LAWS, KONA REGIONAL PLAN, and the KEAHOLE TO KAI-
LUA DEVELOPMENT PLAN.
As the Ptanning DepaAtment atlteady pointed out .in tettelt (attached), dated Sept.24,
1996 to undeit4.igned eonzaLtant, zeveAat paltcetz within the immediate altea have se-
culted appltova.ts boa a STATE LAND USE BOUNDARY AMENDMENT 64om AGRICULTURAL to URBAN
as wett as a CHANGE OF ZONE to RS -10, and that the prtopozed changes .in the cases
o6 the subject pltopeAty witt be compatibte with the sultltoundinq neighbolthood and
it's tow -density 6 ngte jamity uAban /2e4.identia.t chaltacte�t o6 the Kataoa altea.
Whe4e6olte the appt.i.cant ltequests 4e4pect6utty the gltanting o6 the pending appt.ica-
tions.
/Sinnc�celtety,
Ktau4 D. Conventz
Repltezentative / Consuttant
Post Office Box 2308 • Kailua-Kona, Hawaii 96745-2308 • Phone (808) 329-0898 • Fax (808) 326-7609
Stephen K. Yamashiro
Mayor
September 24, 1996
(90unfu >if c ttfuntt
PLANNING DEPARTMENT
25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252
(808)961-8288 • Fax(808)961-9615
Mr. Klaus D. Conventz
Baumeister Consulting
P. O. Box 2308
Kailua-Kona, Hawaii 96745-2308
Dear Mr. Conventz:
Change of Zone Inquiry: TMK: 7-3-5:104
This is in response to your letter dated September 9, 1996, regarding a possible
change of zone request from A -la to RS -15 for the subject property.
Virginia Goldstein
Director
Norman Olesen
Deputy Director
In review of our files, TMK: 7-3-5:93 and 94 were rezoned by Ordinance No. 89-30,
effective February 23, 1989, from Unplanned to A -la. The properties were subsequently
consolidated and subdivided (Sub. 6002) into 10 approximately 1 acre lots. The State Land
Use designation for the subject property is Agricultural. The General Plan designation for
the area is Urban Expansion.
Your question is for a preliminary determination on the possibility of rezoning the referenced
property from A -la to RS -15.
For your information, several parcels within the immediate area have secured approvals for a
State Land Use Boundary Amendment from Agricultural to Urban and a Change of Zone
from Unplanned to RS -10. So there is some precedent for Urbanization of this area. As
such, we would entertain the submittal of a State Land Use Boundary Amendment and a
Change of Zone Application for the request.
However, should your particular request be approved, we can expect that other owners
adjacent or surrounding your property may request the salve. The implication of rezoning a
parcel from A -la to RS -15, which may further encourage an increase in density within this
area, needs to be reviewed on a more detailed level upon submittal of your request and upon
conferring with applicable government agencies. Therefore, we are not able to sanction any
type of approvals for your request.
Mr. Klaus D. Conventz
Page 2
September 24, 1996
Prior to submitting your request, we encourage you to review existing files relative to similar
requests in the immediate area. We also suggest that you check with various public agencies
in regards to possible comments and requirements. This includes consulting with the
Department of Public Works, Department of Water Supply, Fire Department, Health
Department and Department of Transportation.
Please remember, that although Change of Zone and State Land Use Boundary Amendment
(less than 15 acres) applications are reviewed by the Planning Commission, the County
Council makes the final determination on whether to approve or deny the requests.
Should you have any further questions regarding this matter please contact Susan Gagorik or
Alice Kawaha of this Department at 961-8288.
Sincerely,
�',VIRGI]yiIA GOLDSTEIN
Planning Director
SG:pak
F: wpwi n60\susan\Ik1aus01. skg
cc: Kona Office