HomeMy WebLinkAboutCOM 0768.000 2002-2004 4~'C~ ~'••-'7~
Harry Kim ~d~ Dixie Kaetsu
Mnyor ~ ~ - Managing Director
.;r,,: 5~f3 ~;i F'r~ j-~ (iL Peter L. Hendricks
"ti~oi~M~'~ Deputy Managing Director
COUNTY OF I~1~~~,~II
2S Aupuni Street, Room 2I5 • Hilo, Hawaii 96720-4252 • (808) 961-8211 • Fax (808) 961-6553
KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740
(808) 329-5226 Fax (808) 326-5663
September 22, 2004
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:
Change of Zone Application (REZ 04-010)
Applicant: Thad E. Bond
Request: A-20a to A-IOa
Tax Map Key: 7-3-27:21
Change of Zone Application (REZ 04-011)
Applicant: Phil Knierim
Request: A-20a to FA-3a
Tax Map Key: 7-3-25:07
State Land Use Boundary Amendment Application (SLU 04-007)
Request: Agricultural to Urban
Change of Zone Application (REZ 04-012)
Request: A-Sato RS-20
Applicant: Lillian Mahi
Tax Map Key: 7-3-11:68
,~hange of Zone Application (REZ 04-013)
Applicant: Mitsugi Komo Revocable Trust
Request: A-Sato FA-3a
Tax Map Key: 7-5-24:25
Change of Zone Application (REZ 04-017) .
Applicant: Alyssa Ackerman
Request: A-20a to FA-la
Tax Map Key: 5-5-4:33
Amendment to Change of Zone Ordinance No. 91-71 (REZ 628)
Applicant: Kona Oasis, Inc.
Tax Man Key: 7-5-9:40
/ 325 Comm. No.
7 Ref. To: L
Ref. Dcte,,_~ 2004 ,
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the County
Council's consideration and action are the Planning Commission's letters and enclosures regarding the
above-referenced requests.
Sincerely,
C~
Harry Kim
0 Mayor
[A90304may
Enclosures
cc: Planning Department
Hawaii County is an Equal Opportunity Employer and Provider
JNSY 01 N1
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Hang Kim ,
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County of I~#awaii
PLANNING COMMISSION
101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043
(808)961-8288 Fax(808)961-8742
September 21, 2004
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:
Change of Zone Application (REZ 04-013)
Applicant: Mitsugi Komo Revocable Trust
Request: A-Sato FA-3a
Tax May Key: 7-5-24:25
The Planning Commission, after a duly held public hearing on September 3, 2004, voted to
recommend for your approval the proposed legislative bill to change the district classification
from an Agricultural 5-acre (A-Sa) to a Family Agricultural 3-acre (FA-3a) district for
approximately 6.069 acres of land. The property is located on the makai side of the Mamalahoa
Highway, approximately two miles south of the junction of Mamalahoa Highway and Palani
Road, Honuaula, North Kona, Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the change of zone:
The applicant is requesting a Change of Zone from Agricultural 5-sore (A-Sa) to
Family Agricultural 3-acre (FA-3a) for approximately 6.069 acres to subdivide the
property into two lots approximately three acres in size to convey the lots to his children.
The applicant and his wife have owned and farmed the property for over 50 yeazs.
Because of the applicant's age, the farm has become too large for the couple to maintain.
Their children would like to own a portion of the site and continue the farm on a part-
time basis. Tentatively, subdivision will occur in 2005. The estimated cost of the
improvements is less than $25,000 for the construction of any required driveway access
and an additional water meter.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
In order to consider an area for any type of zoning designation, the applicable
goals, policies and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must be also considered as they may have an impact on similar areas in the
County.
The Change of Zone request from Agricultural 5-acre (A-Sa) to Family
Agricultural 3-acre (FA-3a) will conform to the goals, policies and standards of the
General Plan Economic and Land Use elements. The Land Use Pattern Allocation Guide
(LUPAG) Map component of the General Plan is a representation of the document's goals
and policies to guide the coordinated growth and development of the County. It reflects a
graphic depiction of the physical relationship among the various land uses. The LUPAG
Map establishes the basic urban and non-urban form for areas within the County. The
subject area is designated Orchards. Orchards are agricultural lands which though rocky
in character and content support productive macadamia nuts, papaya, citrus, and other
similar agricultural products. Soils within the property are identified as HVD, Honuaulu
extremely stony silty clay loam, 12 to 20 percent slopes. This soil is used for coffee and
pasture. Small areas are used for macadamia nuts, bananas, citrus fruits, and avocados.
The Land Study Bureau's Detailed Land Classification System identifies soils on the
property as "C" or "Fair" for agricultural productivity. The property is unclassified under
the ALISH System. The Federal Emergency Management Agency Flood Insurance Rate
Map (FIRM) designates the property as Zone "X", an area determined to be outside of the
500-year flood plain.
The property is an approximately 6.069-acre parcel fronting Mamalahoa Highway,
two miles south of the junction of Mamalahoa Highway and Palani Road, south of the
Keopu Heights Subdivision. The parcel is gently sloping at a gradual 10 to 15 percent
slope, ranging in elevation from 1,100 feet to 1,300 feet above mean sea level. There are
two dwellings on the site. The dwellings will be either renovated or relocated, depending
on the preference of the potential owner, one of the children of the applicant. Aside from
the area of the residence, the entire site has been cleared and cultivated with macadamia
nut trees and coffee trees. Surrounding properties are zoned Agricultural 1-acre (A-la)
across Mamalahoa Highway to the east, and Agricultural 5-acre (A-Sa) to the north, west
and south. The area is rural in nature. There are a few small, family-type coffee farms on
properties mauka of the Mamalahoa Highway and to the north and south of the site. The
Keopu Cemetery is located less than 700 feet south of the property.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 3
Access to the proposed subdivision is from the Mamalahoa Highway, a County
roadway with an approximately 18 to 20-foot wide pavement within a variable right-of-
way (approximately 50-feet in this area). According to the Department of Public Works
(DPW), it is substandard based on width, aligmnent and roadside hazard cleazance. The
DPW recommends that the Mamalahoa Highway right-of--way be widened to one half the
difference between the existing width and 80 feet and convey (at no cost to the County) a
future road widening setback easement area as a condition of final subdivision approval.
The DPW also recommends that vehicular access to Mamalahoa Highway be limited to
one common driveway approach.
The proposed subdivision would be compatible with the rural character of lands
located within this area of North Kona, as lands to the north of the property aze three-
acres in size and zoned A-3a. Should this request be approved, the applicant may apply
for a Second Farm Dwelling, allowing for the construction of a second dwelling unit on
each lot. The potential to allow additional dwellings may contribute to the cumulative
burden on the existing infrastructure. As such, a condition is included to prohibit a
second dwelling unit and a Condominium Property Regime (CPR) on each lot. The
condition will require that restrictive covenants be included in the deeds of all the
proposed lots for the subdivision prohibiting second dwelling units to preserve the
residential/agricultural ambience of the area. The approximately three-acre lot sizes will
also provide opportunities for future landowners who wish to pursue limited agricultural
activities, but are not able to commit to the financial or labor demands placed on them by
larger parcels.
Since the property was and used as a coffee and macadamia nut farm in the past,
no commissioned archaeological survey was conducted. However, it is expected that no
archaeological or historic features exist on the property. By letter dated May 24, 2004,
the applicant has requested a "no effect" letter from the State Department of Land and
Natural Resources Historic Preservation Division. In a memo dated June 22, 2004, the
State Department of Land and Natural Resources Historic Preservation Division indicated
that "our records show that no archaeological work has been done on the subject parcel in
the past. However, the current owners have farmed the property for the past 50 years
with macadamia and coffee trees covering the majority of the land. Therefore, we believe
that a finding of'no historic properties affected' is appropriate."
According to the Department of Water Supply, water can be made available from
an existing 8-inch waterline fronting the Mamalahoa Highway. As there is no municipal
sewer system in the area, wastewater will be disposed of by a septic tank or cesspool
system, meeting the requirements of the State Department of Health. All other essential
utilities and services are or can be made available to the site.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 4
The subject request is not contrary to Chapter 205A, Hawaii Revised Statues,
relating to Coastal Zone Management. The property is not located in the Special
Management Area. The site is located approximately three miles mauka of the shoreline
and therefore will not be impacted by coastal hazard and beach erosion. There is no
record of a designated public access that traverses the property. According to the
applicant, no valued cultural, historical or natural resources exist on the properties and
there is no evidence of any traditional and customary Native Hawaiian rights being
practiced on the site. Thus, it is not anticipated that the proposed request will have any
adverse impact on cultural or historical resources in the area.
hi view of the Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O
Ka'Aina"decisions, the issue relative to native Hawaiian gathering and fishing rights
must be addressed in terms of the cultural, historical, and natural resources and the
associated traditional and customary practices of the site:
• Investigation of valued resources: No formal archaeological reconnaissance
survey, oral history of kamaaina accounts of the area, historical survey of
documentary records, or botanical study was included in the application.
• The valued cultural, historical, and natural resources found in the rezoning area:
The owners have farmed the property for over 50 years, and the State Department
of Land and Natural Resources Historic Preservation Division has indicated that
no historic properties will be affected.
• Possible adverse effect or impairment of valued resources: Native plants maybe
destroyed by ground alteration. There is no evidence that the flora in the area are
particularly desired or used for cultural practices.
• Feasible actions to protect native Hawaiian rights: As stated by the applicant, no
gathering is taking place on the site. Thus, to the extent to which traditional and
customary native Hawaiian rights are exercised, the proposed action will not
affect traditional Hawaiian rights; therefore, no action is necessary to protect these
rights.
Based on the above findings, approval of the Change of Zone request from
Agricultural 5-acre (A-Sa) to Family Agricultural 3-acre (FA-3a) would result in an
appropriate land use pattern that will further the public necessity and convenience and the
general welfare.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 5
For your favorable consideration, an amendment to Section 25-8-3 (North Kona District Zone
Map) of the County Zoning Code is transmitted.
We are enclosing copies of the staff Background and Planning Director's Recommendation for
your information.
Sincerely,
Fred Galdones, Chairman
Planning Commission
Lkomo02PC
Enclosures
cc: Mr. Sidney Fuke
Mitsugi Komo Revocable Trust
Department of Public Works
Department of Water Supply
Planning Department -Kona
Department of Land & Natural Resources-HPD/Kona
Hawaii County is an Equal Opportunity Employer and Provider
BKomoR E7,. doc-S/2/04
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
MITSUGI KOMO
CHANGE OF ZONE APPLICATION (REZ 04-0131
MITSUGI KOMO has submitted an application for a Change of Zone from Agricultural
5-acre (A-Sa) to Family Agricultural 3-acre (FA-3a) for approximately 6.069 acres of land. The
property is located on the makai side of the Mamalahoa Highway approximately two miles south
of the junction of Mamalahoa Highway and Palani Road, Honuaula, North Kona, Hawaii, TMK:
7-5-24: 25.
APPLICANT'S REQUEST
1. Request: The applicant is requesting a Change of Zone from Agricultural 5-acre (A-Sa)
to Family Agricultwal 3-acre (FA-3a) to subdivide the property into two lots
approximately three acres in size to convey the lots to his children. The applicant and his
wife have owned and farmed the property for over 50 yeazs. Because of the applicant's
age, the farm has become too lazge for the couple to maintain. Their children would like
to own a portion of the site and continue the farm on a part-time basis. Tentatively,
subdivision will occur in 2005. The estimated cost of the improvements is less than
$25,000 for the construction of any required driveway access and an additional water
meter. The applicant is the fee owner of the property. (Exhibit A -Change of Zone
Application)
STATE AND COUNTY PLANS
2. State Land Use Designation: Agricultural.
3. GP LUPAG Map: Orchazds.
4. County Zoning: Agricultural 5-acre (A-Sa).
5. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawaii lies
within the Coastal Zone Management Area. The intent of the Coastal Zone Management
Program is to guide and regulate public and private uses in the coastal zone management
azea with respect to recreational resources, historic resources, public access to the
shoreline, scenic and open space resources, coastal ecosystems, marine resources,
economic uses, coastal hazards, managing development, public participation, and beach
ATTACH: C-768
(B-325)
protection.
6. Special Management Area (SMA): The Special Management Area is a part of the
Coastal Zone Management Program and regulated by the County. The property is not
situated within the Special Management Area. It is located more than three (3) miles
from the nearest coastline and therefore, will not be impacted by coastal hazazd and
beach erosion. There are no identified recreational resources, historic resources, public
access to the shoreline or mountain areas, scenic and open space preserves, coastal
ecosystems, marine resources or other natural and environmental resources in the area.
DESCRIPTION OF PROPERTY AND SURROUNDING AREA
7. Subject Property: The property is an approximately 6.069-acre parcel fronting
Mamalahoa Highway, two miles south of the junction of Mamalahoa Highway and Palani
Road, south of the Keopu Heights Subdivision. The parcel is gently sloping at a gradual
10 to I S percent slope, ranging in elevation from 1,100 feet to 1,300 feet above mean sea
level. There is an existing dwelling and sheds on the site. The dwelling will be
renovated or relocated, depending on the preference of the potential owner, one of the
children of the applicant. Aside from the area of the residence, the entire site has been
cleared and cultivated with macadamia nut trees and coffee trees.
8. Surrounding Zoning/Land Uses: Surrounding properties are zoned Agricultural 1-acre
(A-la) across Mamalahoa Highway to the east, and Agricultural 5-acre (A-Sa) to the
north, west and south. The area is rural in nature. There are a few small, family-type
coffee farms on properties mauka of the Mamalahoa Highway and to the north and south
of the site. The Keopu Cemetery is located less than 700 feet south of the property.
9. ALISH: Unclassified.
10. Land Study Bureau's Detailed Land Classification System: "C" or "Fair".
] 1. U.S. Soil Survey: HVD, Honuaulu extremely stony silty clay loam, 12 to 20 percent
slopes. This soil is used for coffee and pasture. Small azeas aze used for macadamia
nuts, bananas, citrus fruits, and avocados.
12. FIRM: Zone "X", area determined to be outside the 500-year flood plain.
13. Flora/Fauna Resources: There were no professionals flora/fauna surveys conducted of
the site. The applicant does not believe that rare or endangered floral or faunal resources
are likely on the site, as the property has been cleared and used as a coffee and
-2-
macadamia nut farm, as well as a dwelling site. The property is not known to be a habitat
for any rare or endangered animal life.
14. Archaeological Resources: Since the property was and used as a coffee and macadamia
nut farm in the past, no commissioned archaeological survey was conducted. However, it
is expected that no archaeological or historic features exist on the property. By letter
dated May 24, 2004, the applicant has requested a "no effect" letter from the State
Department of Land and Natural Resources Historic Preservation Division. In a memo
dated June 22, 2004, the State Department of Land and Natural Resources Historic
Preservation Division indicated that "our records show that no azchaeological work has
been done on the subject parcel in the past. However, the current owners have farmed the
property for the past 50 years with macadamia and coffee trees covering the majority of
the land. Therefore, we believe that a finding of'no historic properties affected' is
appropriate."
15. Cultural or Native Gathering Rights: According to the landowner, there is no
evidence of any traditional and customary Native Hawaiian rights being practiced on the
property, nor existence of any known valued cultural, historical or native resources in the
area.
16. Public Access: There is no record of a designated public access to the shoreline or
mountain areas that traverses the property.
PUBLIC UTILITIES AND SERVICES
17. Access: Access to the proposed subdivision is from the Mamalahoa Highway, a County
roadway with an approximately 18 to 20-foot wide pavement within a variable right-of-
way (approximately 50-feet in this azea). According to the Department of Public Works
(DPW), it is substandard based on width, alignment and roadside hazazd cleazance. The
DPW recommends that the Mamalahoa Highway right-of--way be widened to one half the
difference between the existing width and 80 feet and convey (at no cost to the County) a
future road widening setback easement area as a condition of final subdivision approval.
The DPW also recommends that vehicular access to Mamalahoa Highway be limited to
one common driveway approach
18. Water: According to the Department of Water Supply, water can be made available
from an existing 8-inch waterline fronting the Mamalahoa Highway.
-3-
19. Wastewater: As there is no municipal sewer system in the area, wastewater will be
disposed of by a septic tank or cesspool system, meeting the requirements of the State
Department of Health.
20. Solid Waste: Solid waste will be handled through commercial haulers, landfill sites or
transfer stations.
21. Essential Utilities and Services: Utilities are available to the property. The nearest fire
station is located in Kailua-Kona and Keauhou Mauka, less than four miles from the site.
Police services are located in Kealakehe, approximately five miles from the property.
County pazks are located in Kailua-Kona, Keauhou, and Kealakehe.
AGENCIES' COMMENTS
22. Department of Public Works: Exhibit B -July 20, 2004 Memo
23. Department of Environmental Management: Exhibit C -June 10, 2004 Memo
24. Department of Water Supply: Exhibit D -July 9, 2004 Memo
25. Fire Department: Exhibit E -June 10, 2004 Memo
26. Department of Land and Natural Resources Historic Preservation Division: Exhibit
F -June 22, 2004 Memo
27. Department of Health: Exhibit G -June 25, 2004 Memo
APPLICANT'S RESPONSES TO AGENCIES
28. See Exhibit H -June 25, 2004, July 8, 2004 and July 17, 2004 Letters
AGENCIES - NO COMMENTS
29. Police Department
AGENCIES - NO RESPONSES
30. Department of Land and Natural Resources Land Division, Natural Resources
Conservation Service, Kona Traffic and Safety Committee
PUBLIC COMMENTS
31. As of this writing, the Planning Department has not received any written comments or
objections from the general public or adjacent landowners on the request.
-4-
f ~ 7
APPLICATION
FOR
COUNTY REZONING
(A-Sa TO FA-3a)
MITSUGI KOMO REVOCABLE TRUST
Honuaula, North Kona, Hawai i
TMK: (3) 7-5-24: 25
Prepared For:
Mitsugi Komo Revocable Trust
Prepared By:
Sidney M. Fuke, Planning Consultant
May 2ooa EXHIBIT
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ATTACHMENT
Agricultural Rezoning
PLANNING DEPARTMENT
COUNTY OF HAWAII
APPLICATION FOR CHANGE OF ZONE
~ 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. Ifow many acres of the requested area do you intend to subdivide? 6.069
b Into what lot sizes? 3aaes
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? 1 month
d. Do you intend to build houses on the newly created lots? ~
If yes, please answer the following questions:
On how many of those lots?
At what approximate price range? House
Lot
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?
~ Sell or lease the land to someone who has no plans?
d. Beep it?
z.
p_ 7 5/R4
1• If you intend to do either a, b, c, please elaborate on the kind
of plans the other party has. Please, also include in your
answer approximately how soon alter approval of your rezoning do
you expect to transfer the subject land to another party.
Do you think that your request and your further plans for the land
will alleviate the local housing situation? Yes
How?
The lots will be given to our childreq who need properties to build their home on.
4. Are there any buildings on the subject area? Yes
If so, what kind?
Old residence
What do you intend to do with those buildings if your request is
approved?
Renovate it
5. Is the subject land currently being used for any agricultural activity? Yes
If so, please list the kinds of products grown and on how many
square feet or acres of land per product.
Approximately 45% is planted in coffee, with the remaining area in macadamia nut.
fi. Was your request to allow for the creation of smaller agricultural
lots? Somewhat
If so, did your plan include the following considerations?
a. Commodity to be produced? Yes
What kinds of commodity?
b. Suitability of the proposed lot-size for that commodity? Yes
Sufficient farm size to allow reasonable chance of success in
commercial agriculture? Yes
-2-
d• Agricultural leases or other forms of assurance that potential
buyers or leases would put the subject area into some form of
agricultural use? No
Please state the proposed type of arrangement.
Please submit your agricultural plans for the subject area and
present evidence of consideration of the above requirements together
with your request for a change of zone.
If you do not intend to subdivide the subject land for some sort of
agricultural purpose, please state Vour other reasons.
The objective was to create backyard farm lots for our children who would also live on the property.
To your knowledge, has there been any flooding and/or drainage problem
on the subject area? No
If so, please describe the problem.
g• Do you think that the roads leading to the subject area needs
improvements? No
If so, what kind?
Generally, however, the Matualahoa Road could use some improvements in different areas.
Is the road adequate for the proposed traffic volume or load? Yes
9• 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
~ Sewer ~
d. Drainage %
-3-
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COUNTY ENVIRONMENTAL REPORT
COUNTY REZONING REQUEST (A-5a to FA-3a)
MITSUGI KOMO REVOCABLE TRUST
HONUAULA, NORTH KONA, HAWAII
TAX MAP KEY: (3) 7-5-24: 25
I. INTRODUCTION
The applicant, Mitsugi Komo Revocable Trust, is requesting to rezone a
6.069-acre parcel from Agriculture (A-5a) to Family-Agriculture (FA-3) district
in Honuaula, North Kona, Hawaii. (See Figures 1 & 2) The property is
located on the makai or west side of the Mamalahoa Highway, approximately
2 miles south of the junction of Mamalahoa Highway and Palani Road.
More specifically, it is located south of the Keopu Heights Subdivision.
If approved, the applicant intends to subdivide the 6+ acre parcel into two (2)
lots, consisting of 3+ acres each. The-applicant plans to convey the lots to
his children.
II. PROJECT LOCATION
The subject area is located on the makai side of the Mamalahoa Highway,
approximately 2 miles south of the Mamalahoa Highway/Palani Road
junction. It is located immediately south of the Keopu Heights Subdivision, a
subdivision consisting of lots ranging between 1 to 3 acres in size. Other
landmarks in this area include the Keopu Lani Estates subdivision and
Keopu Cemetery to its south, and the Keopu Mauka Subdivision to the
mauka or east of the site.
III. PROJECT DESCRIPTION
A. Project Concept and Components
The applicant has owned the subject property for over 50 years.
During this time, the applicant and his family planted and harvested
both coffee and macadamia nuts on the site. Due to the applicant's
age, the farm has become too large for he and his wife to maintain.
At the same time, their children -while working -would like to own a
portion of the site and continue the farm on a part-time basis. As a
result, the applicant would like to subdivide the property into two lots,
and convey them to his children.
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There is a dwelling on the property that is currently being rented.
Should the rezoning and subdivision be approved, the dwelling will
probably be renovated and occupied by one of the applicant's
children.
It should be noted that although an additional farm dwelling permit
could technically be applied for, the applicant believes that a
conventional 2-lot subdivision would be more appropriate. This would
make the financing of any structure and any loans associated with the
coffee/macadamia nut farm less cumbersome as well as provide
some measure of conveyance flexibility in the future. (See Figure 3)
The applicant further believes that whip the coffee industry is
~ supported by large-scale, commercial farms, the smaller, family-
owned farms make a significant contribution to the industry. There
are a number of families in this area raising coffee on less than
3 acres of land, mostly for supplemental income.
It is understood that the subdivision plan submitted herein may
change prior to receipt of final subdivision approval to accommodate
County subdivision requirements and appropriate conditions of
approval.
B. Project Timetable and Cost
The applicant hopes to secure the necessary County rezoning
approval as soon as possible and begin the subdivision process
immediately thereafter. Tentatively, plans call for having the land
subdivided by early to mid 2005.
The estimated cost of improvements would be less than $25,000.
This would be primarily for the construction of any required driveway
access and an additional water meter.
IV. INSTITUTIONAL CONSIDERATIONS
A. State Land Use
The subject area is designated Agriculture. Based on the size of the
requested area, no State Land Use Commission action is required.
The County of Hawaii can process the rezoning request.
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B. County General Plan
The County General Plan Land Use Pattern Allocation Guide
(LUPAG) map designates the site Orchards. This designation refers
to "Those agricultural lands which though rocky in character and
content support productive macadamia nuts, papaya, citrus and other
similar agricultural products."
Based on the requested Family-Agriculture (FA-3a) designation, the
project would be consistent with the General Plan, and no
amendments would be required.
C. Draft Kona Regional Plan
This plan attempts to further define the General Plan and serves as a
guide for decision-makers. In 1984, it was adopted by the Planning
Commission. The County Council has not, however, adopted it.
The Land Use Concept map of this plan identifies the A-5a
designation for this area. This designation suggests agricultural uses,
with lots no smaller than 5-acre. Although the requested FA-3a
zoning may not be numerically consistent with this designation, the
proposed uses should not be violative of the agricultural objective.
It should be noted that properties to the immediate north - Keopu
Heights - is recommended for A-3 and A-1, consistent with their
current zoning.
D. County Zoning
The County zoning of the subject property is Agriculture (A-5a). As
noted on the section of the zoning map relating to this area, properties
immediately to the north are zoned A-3a and A-1a, while properties
immediately mauka of the Mamalahoa Highway in this area are zoned
A-7a, followed by A-5a. Properties immediately south of the subject
site area zoned A-5a. (See Figure 4) There was a property on the
mauka side of the Mamalahoa Highway located about 2,000 feet
south of the subject property that was recently rezoned FA-2a (Ord.
99-77, Applicant -Lewis Altenburg).
If apprcved, the site would be subdivided in a manner meeting with
both the Zoning and Subdivision Codes. Further, all uses and
standards consistent with the requested FA-3a zone would be
adhered to.
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E. Relationshia to SMA Objectives and Policies
The site is not located within the County Special Management Area
(SMA). As such, no SMA Use Permit would be required. However,
as the entire island falls within the State Coastal Zone Management
(CZM) Area, some discussion of the request's relationship to the CZM
Program follows.
The site is not adjacent to the ocean. It is more than three (3) miles
from the shoreline. As such, the proposed action should not have any
adverse impact on the area's coastal recreational and marine
resources nor have any impacts on beach protection.
The likelihood of this improvement having any impact to the area's
historic resources is also remote. As the site was previously
cleared and currently planted with coffee and macadamia nut trees, it
would not appear that there are any remaining archaeological features
on the site. Should there be any inadvertent finds during the further
improvement to this site, however, work will stop until clearances are
received from the appropriate County and State agencies.
The proposed action will involve the construction of improvements in a
non-urban setting. Accordingly, there is potential visual impact to the
area's scenic and open space resources. However, the project
would involve only the construction of an additional farm dwelling on
the other proposed lot. Thus, visual impact to the near or off shore
waters as well as the slopes of Hualalai Mountain should be minimal,
if at all.
Relative to the Coastal Ecosystems, impact should also be
negligible, if at all, as the site is located well over three (3) miles from
the ocean. Notwithstanding the distance, the nature of the project -
agricultural -and the construction of an additional private wastewater
system are such that potential coastal ecosystem impact would
usually not be found.
The proposed action will result in creating an opportunity to retain the '
existing farm operation on the property. In so doing, the project could
aid the agricultural economy and the overall economic use of this site
and the area in general.
Because of its distance from the shoreline, the site should not be
subject to coastal hazards.
4
Relative to the managing development objective, this function is
more applicable to the "authority" or approving agencies. However, it
is noted that the request would operate and be constructed within the
scope of the Zoning Code. The subject site would be zoned FA-3a,
and the requested use and design/parameters (parking, height,
setback, etc.) would be consistent with said zoning. In that regard,
the project would be consistent with this policy.
Finally, in terms of the public participation objective, this is generally
a public agency function. This is achieved through the Marine and
Coastal Zone Management Advisory Group (MACZMAG) and the
public hearing process required pursuant to the Planning
Commission's Rules and County Council's meetings on this
application. Notices of this application will be sent by the applicant to
surrounding property owners of the submittal of the application and,
again, prior to the public hearing.
Based on the foregoing, it is concluded that the requested
improvements would be consistent with the objectives, policies and
guidelines of the Coastal Zone Management Policies, as outlined in
Chapter 205-A-23, HRS and Planning Commission Rule No. 9 relating
to Special Management Area.
F. Other Permitting Requirements
As noted earlier, other permits would still be required. These would
be of the "ministerial" variety, such as Subdivision Approval, possible
Underground Injection Control (UIC) permit, water meter permit,
driveway permit, and the like.
V. ENVIRONMENTAL CONSIDERATIONS
A. General Description
The subject parcel is located on the southwestern slope of Hualalai,
approximately three (3) miles from the ocean. The parcel is gently
sloping, ranging from an elevation of 1,100 feet to 1,300 feet above
mean sea level.
The mean annual rainfall in this area ranges between 60 and 75
inches. The wetter months tend to occur between March through
September. The mean annual temperature is about seventy-five (75}
degrees Fahrenheit, with the warmer months during the summer.
Because the site is situated on the leeward side of the island, winds
5
tend to be light and variable. Slight easterly winds occur during the
day, while westerly or mountain winds are prevalent during the
evenings.
The subject parcel is somewhat irregular in shape. It resembles an
exaggerated "flag lot", with the pole (albeit 300± feet wide) fronting
Mamalahoa Highway and the base with a width of 420+ feet located
on the makai side.
There is an existing dwelling on the site. This will either be renovated
or relocated, depending on the preference of the potential owner, one
of the children of the applicant. Aside from the area of the residence,
the entire site has been cleared and cultivated with macadamia nut
trees interspersed among the coffee trees.
B. Soils and Topography
The topography of the site slopes slightly in a mauka (east) to makai
(west) direction. There is a gradual 10 to 15 percent slope running
mauka-makai.
The US Department of Agriculture Soil Conservation Service Soil
Survey Report classifies the soil to be of the Napoopoo-Pawaina
complex (259E). The Napoopoo soil has a surface layer of 0 to 12
inches of black, cobbly silt loam. The Pawaina soil's surface layer is 0
to 3 inches of black, silt loam. Permeability is rapid, runoff is slow,
and the erosion hazard slight for this soil type. The subsoil is neutral
to mildly alkaline. This type of soil is typically used for orchard crops
and grazing.
The Land Study Bureau Overall Master Productivity Rating for the
subject area is essentially Class "E" or poor (E301). This suggests
the site has poor productivity potential for agricultural crops. It is of
the Pahoehoe with Moaula soil series. This series is characterized by
moderately fine, dark brown soil with frequent outcrops of pahoehoe.
The parent material is volcanic ash and pahoehoe. It is moderately
drained and, because it is rocky with frequent outcrops of pahoehoe,
is poorly suited for machine tillability. This type of soil is prevalent in
this area.
The State of Hawaii's Rgricultural Lands of Importance to the State of
Hawaii (ALISH) maps classify this site as being either "Unique
Agricultural Land" or "Other'. Due to the scale of the map, it is difficult
to discern the exact designation.
6
C. Natural Hazards
1. Drainage
The Federal Emergency Management Agency's Flood
Insurance Rate Map (FIRM) designates the project site to be
located in Zone "X", areas outside the 500-year flood plain.
There are no identifiable drainage ways through the site.
Accordingly, the site should not be subject to flooding.
It should also be noted that properties to the north have in the
recent past been affected by floodwaters. The applicant has
informed this writer that during the recent storm over the past
few months, storm water did not go through the property.
2. Tsunami Hazard
As the site is located over three (3) miles from the ocean, it is
located outside of the Civil Defense's Tsunami Evacuation
Zone.
3. Volcanic and Earthquake Hazards
The United States Geological Survey (USGS) classifies the
area as Lava Flow Hazard Zone 4, on a scale of ascending risk
9 to 1. The populated area of Kailua-Kona also falls in this
category, while the City of Hilo is classified Zone 3. There is
very little that can be done to mitigate this situation and reflects
an ongoing threat to all residents and businesses in these
areas.
The entire island of Hawaii falls within Earthquake Zone 4,
according to the County Building Code. As such, certain
structural requirements will be needed and taken during the
building permit process to address this seismic hazard.
D. Flora/Fauna
A,Ithni
igh there were no professional surveys conducted of the floral or
faunal resources of the site, the applicant does not believe that rare or
endangered floral or faunal resources are likely to be found within the
subject site.
7
The site has already been cleared in the past and used as a coffee
and macadamia nut farm. Thus, floral impacts should be minimal.
The site is not known to be a habitat for any rare or endangered
animal life. Given its elevation, however, it would be possible to find
the Hawaiian Hawk /~o) and the Hawaiian Owl (Pueo). Further, the
cleared and rural nature of the surrounding area would make it less
likely to find endangered animal life in the area.
E. Historic/Cultural/Archaeological Resources
As the site has been cleared and used as a coffee and macadamia
nut farm in the past, no commissioned archaeological survey of the
site was made. The former clearing and current farm use make it less
likely to find any archaeological features on the site.
Nonetheless, during the course of further improvement to the site,
should any unanticipated archaeological features or sites be
uncovered, work will cease and the applicant will immediately notify
the Planning Department.
F. Valued Cultural Resources
In view of the recent Hawaii State Supreme Court's "PASH" and "Ka
Pa'akai O Ka'Aina decisions, the issue relative to native Hawaiian
gathering and fishing rights must be addressed. Specifically, there
must be a discussion of the cultural, historical, and natural resources
and associated tradition and customary practices of this site.
In this situation, the subject site is not adjacent and/or proximate to
the shoreline. As such, gathering of marine life and coastal access is
not an issue.
It is not known whether the subject or immediate surrounding area
was used in the recent past for the gathering of plants by native
Hawaiians. However, as the site has been a coffee and macadamia ~
nut farm for over 50 years, it would appear unlikely that the site would '
serve such purpose today.
In the unlikely event that legitimate gathering claims are made by
native Hawaiians, the applicant intends to respect and honor such
claims and provide the needed access within the site.
8
Based on the above, it does not appear that the project would have
any potential adverse impact relative to the cultural and historical
resources of the area.
G. Water and Coastal Resources
The subject site is located well over three (3) miles from the coastline.
As such, coastal impact resulting from discharge of wastewater
systems from the site should not be significant. Further, being anon-
coastal property, no coastal access will be affected.
Wastewater from the project will be serviced by sewer system
meeting with the approval and requirements of the State Department
of Health. This will either be a cesspool, septic tank or related
system.
H. Noise Air Quality, and Dust
The Mamalahoa Highway will serve as the main access to this project.
The existing ambient traffic level in this area is quite low. As such, the
corresponding noise level is quite low. With the completion of this
project, the noise level is not anticipated to increase significantly.
There may, however, be short-term noise impacts associated with the
construction of the infrastructure (such as water service lateral and
driveway access improvements) for the proposed subdivision.
Contractors will be required to comply with appropriate noise and
related mitigation measures of the State Department of Health.
The proposed development should not generate any direct air quality
impacts. The only discernible air quality impact would be associated
with the vehicular traffic to and from the site. While there will be an
impact to the ambient air quality, the impact should not be significant,
as the project will increase the density by only one additional unit.
Further, with higher EPA standards for automobile air emissions, the
air quality impact should not be significant.
As such, with the exception of construction dust in the beginning, long
term dust generated by the project should be minimal. Construction
dust, however, like construction noise, will have to comply with the
State Department of Health's regulations.
9
I. Scenic and Visual Considerations
In the Natural Beauty element of the General Plan, there are sites or
areas listed as scenic resources. The subject site is not listed as a
scenic site. However, there are a few examples cited in the Kona
area. The most notable is the backdrop of the Hualalai Mountain.
The proposed development would not have any visual impact of this
mountain and other listed scenic resources in the area. The site is
located more on the lower end of Hualalai Mountain, and the normal
residential height should not interfere with the views of Hualalai.
VI. SOCIAL AND RELATED CONSIDERATIONS
A. Surrounding Land Uses
The land use in this area is generally rural in nature. There are a few
small, family-type coffee farms on property mauka and to the
immediate north and south of subject site. Those properties are
zoned (under the pre 1996 Zoning Code) A-1a and A-3a to the north,
and A-1a and A-5a to the east, and A-5a to the south.
The village of Holualoa is located about 2 miles to the south, where
there are urban type of uses. The Keopu Cemetery is located less
than 700 feet south of the site, while the Hualalai Memorial Park is
located further south about 1 mile.
Given the existing and zoned conditions, the proposed development
would not be incongruous with the emerging rural-residential-
agricultural pattern of this area.
B. Economic Impacts
The requested zoning would have some measure of economic impact,
as it would enhance the potential for the subject site to be more
intensively utilized as a coffee and macadamia nut farm.
F~!rther, there will be some small short-term construction activity. And
tiiiS could help, 'n a g!„all _giay +ha area's cnnctr~rtir~n eCC~nOrTly.
C. Aariculturallmpacts
As noted earlier, the site has been cultivated into a coffee and
macadamia nut farm by the applicant and his family. Due to the age
10
of the owners, however, the farm is showing signs of deterioration.
The applicant believes that by subdividing and subsequently
conveying the land to his children, the potential for this farm to be
more intensively used would increase.
As such, this project would not diminish the site's agricultural
potential. It would actually enhance it. The site would be more
manageable from a size standpoint (3 versus 6 acres).
In the end, the applicant's proposal would help foster the agricultural
objectives by making available good-sized agricultural coffee lots to
his children.
VII. INFRASTRUCTURE CONSIDERATIONS
A. Road
Access to the property would be directly from the Mamalahoa
Highway. This Highway has a right of way of forty (40) to fifty (50) feet
in this area. The pavement width ranges between eighteen (18) feet
to twenty (20) feet. There is adequate sight distance in the area of
the existing access.
B. Water
There is an 8-inch County water line fronting the Mamalahoa
Highway. There already is an existing meter serving the subject site.
An additional water meter will be required, which can be made
available from this 8-inch line.
C. Wastewater
There is no County wastewater system in this area. As such, a septic
tank or cesspool system meeting with the approval of the Department
of Health will be allowed. This will be done in conjunction with the
issuance of a building permit for a dwelling.
D, Solid Waste
Solid waste will be handled through commercial haulers or the
individual homeowners into authorized landfill sites or transfer
stations. With the requested FA-3a zoning, the potential for uses with
toxic or related chemical waste would be minimal, if at all. It should
be noted that the applicant intends to have the future lot owners retain
11
most of the vegetation on the site and use if for composting for his
farm. Thus, waste from this project would be pretty much limited to
the equivalent of two (2) homes.
E. Other Government Services
As this area is already part of the North Kona urban area, it is already
being serviced. No extension of government services would be
required. The nearest fire station is located in Kailua and Keauhou
Mauka, less than four (4) miles from the site. The Police Station is
located at Kealakehe, approximately five (5) miles from the subject
site
In this area, elementary schools are available at Holualoa and
Kealakehe. Middie and High Schools would be available at
Kealakehe, approximately three (3) miles away or Konawaena,
approximately six (6) miles away.
County parks are available in Kailua, Keauhou, and Kealakehe.
As such, the project should not result in the extension of any
government services. Further, the required public facilities are
located reasonably proximate to the subject site.
F. Other Utilities
All other utilities such as telephone, cable, and electrical services are
available to the site.
VIII. IMPACT SIGNIFICANCE ANALYSIS
A. Relationship Between Local Short-Term Uses of Environment
and Maintenance and Enhancement of Long-Term Productivity
If the request were denied, the short-term use of the site would
probably continue to decline in its agricultural use. The applicant may
eventually construct an additional farm dwelling on the site to help
with the farm. However, this would be temporary, if at all, as the
applicant and his wife are already in advanced years.
Given the rural (A-la) character of ±he mauka and some of the north
properties, there rr~ay be pressures for the subject property to be
similarly "ruralized" or used as a large-lot gentleman estate. And from
l2
an agricultural perspective, a residential subdivision may not be the
most feasible use of the site.
From along-term productivity standpoint, then, the proposed 2-lot
subdivision would provide a heightened level of possibility in having
the land used for more intensive agricultural activity.
B. Irreversible and Irretrievable Commitment of Resources
The subject site is already disturbed. As such, the project should not
result in an irreversible commitment of natural or archaeological
resources.
The soil on the parcel has been classified "E" or "Poor" by the -Land
Study Bureau, representing poor agricultural potential.
Notwithstanding that designation, as evidenced by the existing coffee
and macadamia nut farm on the site, it does have agricultural
potential. It is thus maintained that the creation of the 2-lot
subdivision should foster and enhance, instead of remove this land
from its more intensive future agricultural potential.
C. Mitigative Measures
The applicant intends to make infrastructure improvements, if
necessary, consistent with the subdivision process.. And if
construction is required, contractors will be obligated to comply with
appropriate State noise and air quality standards.
Should unanticipated archaeological finds be discovered in
conjunction with any further development of the site, work will stop (as
is required by the State and County) and clearance secured before
work is resumed.
There is no known drainage way on the property. Any and all required
grading or grubbing work will be done in conjunction with the required
permits and/or SCS Agricultural Plan. This is to assure that the
further development of this site does not adversely affect the drainage
of surrounding areas and properties makai of the subject site.
D. Alternatives to the Proposed Project
Na Project
Under the sfafus quo alternative, the site will continue to
13
decline in its future agricultural use. The applicant's children
will also not be in a position to return to this area and farm the
land while caring for their parents.
The site could also be sold to one who may be interested in
farming the site. However, it would be equally possible to have
the land sold at market price to a "gentleman farmer."
Given the present mixture of land uses and lot sizes in this
area and proximity to urban areas, the site may not be utilized
to its fullest agricultural potential if the land is sold to other than
the applicant's children.
_2.___ Altecnative_Qensity___
Under this alternative, the applicants could seek a more
intensive zoning, such as FA-1a zoning. This zoning category
would arguably be consistent with the adjoining A-la zoning on
the mauka side and north of the subject site.
Such an approach, however, may not be compatible with the
policy of trying to foster more family-oriented type of
agricultural activities, such as truck crops or coffee farming in
this area.
3. Evaluation of Alternatives
The project's impact to the area's social and physical
infrastructure would not appear to be pronounced. Certain
mitigative measures will be taken to address any possible
impact associated by the subdivision of this project. Further,
the project would be consistent with the land use objectives
sought to be accomplished by the County General Plan
LUPAG map.
In view of the aforementioned, it would appear that none of the
alternatives would be more prudent and beneficial than the
requested i-ia-3a alternative.
14
IX. REGULATORY ANALYSIS
A. General Plan LUPAG Map
The General Plan provides for the long-range comprehensive
development of the island of Hawaii. It provides direction for
balanced growth in the County.
The LUPAG map designates the site Orchard. This designation
allows the requested FA-3a zoning without a General Plan
amendment.
S. General Plan Polices
The requested zoning would be consistent with the goals, policies,
and standards of the General Plan document.
For one, it would provide limited short-term economic opportunities
largely through the construction of any improvements required for the
subdivision. More importantly, however, longer-term opportunities
would be created largely in the form of the retention and
enhancement of the existing coffee and macadamia nut farm. In so
doing, the resultant project should add revenues to the County and
State coffers.
The project intends to be energy conscious through the use and/or
encouragement of solar energy and design features to take
advantage of wind patterns for structures on the property.
Maintaining and improving the quality of the environment is important
to the success of this project. The General Plan identifies five (5)
areas of environmental concerns -air pollution, water quality, soil
pollution, solid waste disposal, and noise pollution. As proposed, the
project would not be violative of any of those objectives.
Aside from vehicular transmission, air pollution associated with the
project should be negligible. All wastewater systems would be
consistent with the requirement of the State Department of Health.
This should be sufficient to address any potential groundwater or
coastal water impacts.
If required, a solid waste management plan could be prepared a^d
implemented. The project will also not be a noisy one, except as may
be associated with the farming operations. Any noise-generating
15
facility -such as air conditioners -would be carefully placed to
minimize their noise impacts to adjoining properties. Further, it is
unlikely that this site would be used as a coffee or macadamia nut
processing plant, as it would be more economical to send the
products elsewhere.
The project area is outside of any floodway. Nonetheless, if required,
a drainage system will be designed in a manner to protect the
property as well as to minimize the volume of surface runoff
generated by this development.
As the site has already been extensively cleared and actively
cultivated into a farm, it does not appear to have any historic sites.
Nonetheless, work will cease if unanticipated archaeological remains
are discovered while continuing its farming operations. Work will
resume only after proper clearances from the State and/or County
have been received.
Being under cultivation, the prospects of the site serving as a habitat
for rare or endangered plant or animal life appear remote.
As the FA-3a zoning would allow a residence, the project will indirectly
fulfill the objectives of the housing element by creating an additional
lot.
The Plan also emphasizes that developments be mindful of an area's
natural beauty. In this situation, the project has been used in a
manner where it blends with the existing terrain.
As the project site is more than three (3) miles from the ocean, the
usual coastal resources concern is not pronounced. There will be
no interference with shoreline access. Then, too, through the use of
cesspools or septic system or other acceptable form of wastewater
system, impact to the coastal water will be minimized.
There will be little impact to public facilities. The wastewater system
will be private. The water system will be developed in a manner
meeting with the requirements of the Department of Water Supply.
v ehici.iiar access to iiis J^c VJiii b2 Liiprv^V@d b`y' th° appl var't.
Schools and other public facilities are also located proximate to the
site, most of them being less than five (5) miles away.
16
Finally, in terms of the Land Use and Agricultural elements, the
pertinent goals, policies, and standards of the General Plan note the
following:
• Designate and allocate land uses in appropriate proportions and
mix and in keeping with the social, cultural and physical
environments of the County
• Protect and encourage the intensive utilization of the County's
limited prime agricultural land
• 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
• The compatibility of agricultural and non-agricultural uses should
be carefully reviewed and where appropriate, buffers required
• Rural-style residential-agricultural developments, such as new
small-scale rural communities or extensions of existing rural
communities, shall be encouraged in appropriate locations
• The county shall encourage the development and maintenance of
communities meeting the needs of its residents in balance with the
physical and social environment
• Agricultural land shall be used as one form of open space or
green belt.
In view of the foregoing goals and policies, it is noted that the
requested zoning would be consistent with the Orchard designation of
the LUPAG map. It would also be generally compatible with the
surrounding area. There are A-1a zoned properties proximate to the
subject site. There is also a t=.9-2a zoning about 'i mile io the south of
the subject site.
Although the soil of the site is classified "D" or poor, it does have
agricultural potential, as evidenced by the existing coffee and
17
macadamia nut farm on the site. Although it is beginning to show
signs of deterioration, this request would create an opportunity to
further maintain and enhance the agricultural activities on the site.
This lot size would be conducive for the applicant's children.
The property has no severe topographic or geologic problems that
would render the land unusable for the proposed subdivision and
activity.
C. Zoning and Subdivision
The designated zoning of the site is A-5a. Should the FA-3a zoning
be approved, fhe requirements of the zoning and subdivision codes
would be complied, including use and related development standards.
D. State Land Use Agricultural Standards
As the requested lots will be more than 1-acre, the request would not
in principle violate the minimum lot size standards of the State Land
Use law. All of the applicable use guidelines of said law would be
adhered to.
18
®EPARTnIIENT OF PUBLIC W®R6CS
COUNTY OF HAWAII
HILO, HAWAII
DATE:JuIy 20, 2004
Memorandum _
TO Christopher J. Yuen, Planning Director -
Planning Department
FROM Galen M. Kuba, Division Chief/ ,
~ Engineering Division `V ~
SUBJECT Change of Zone Application (REZ04-011)
Applicant: Mitsugi Komo Revocable Trust
Location: Honuaula, N. Kona
TMK: 3 / 7-5-024: 025
We reviewed the subject application for change of zone from A-5a to A-3a and our
revised comments are as follows:
1. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment
Control, of the Hawaii County Code.
2. Access to a County Street including the provision of adequate sight distances,
shall comply with Chapter 22 of Hawaii County Code and the approval of DPW.
Vehicular access to the individual lots shall not be from any major collector or
arterial roadways. Therefore, vehicular access to Mamalahoa Highway shall be
limited to one common driveway approach.
3. The applicant shall remove any encroachments or obstructions within the County
right-of-way.
4. Mamalahoa Highway, the County road serving the subject property, is a secondary
arterial road. It has an 18-20-ft. wide pavement within a variable right-of-way width
(approximately 50-ft. wide in the vicinity of the proposed project). It is substandard
based on width, alignment and roadside hazard clearances.
5. Mamalahoa Highway shall be improved to a 80-ft. right-of-way according to the
County's General Plan. Therefore, Mamalahoa Highway right-of-way should be
widened one half the difference between the existing width and 80 feet. We defer
to the Planning Director regarding the conveyance, at no cost to the County, of a
future road widening setback easement area upon request or as a condition of
final subdivision approval.
Should there be any questions concerning this matter, please feel free to contact Kiran
Emler of our Kona Engineering Division office at 327-3530.
KE
copy: ENG-HILO/KONA EXHIBIT
PLNG-KONA
6
Hawaii County is an Equal Opportunity Provider and Employer
J~'"~o`•"•1w
•
~~,6~,.,
Harry Kim Barbara Bell
Maynr Direc(ar
11E Oi~NP~
. ~ I~i~} ~i I~~.l
, i
~Olitl~"~I II~ ~~I~llttil
- DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
25 Aupuni S[reey Room 210 • Hilo, Hawaii 96720-4252
(80R) 961-8083 • Fax (808) 96]-8086
MEMORANDUM
Date June 7, 2004
To CHRISTOPHER YUEN, Planning Director
~ /'r
From BARBARA BELL, Director
fey'
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 04-013)
Applicant: Mitsugi Komo Revocable Trust
Request: A-Sa to FA-3a
TMK: 7-5-24:25
We have reviewed the subject application and offer the following recommendations:
DEPARTMENT COMMENTS:
WASTEWATER DIVISION: ~',E-~_~.-_-~-
( ~No comments
( )Require connection of existing and/or proposed structures to the public sewer in
accordance with Section 21-5 of the Hawaii County Code.
( )Require extension of the sewer system to service the proposed subdivision in accordance
with Section 23-85 of the Hawaii County Code.
( )Other:
SOLID WASTE DIVISION: ~ 1
( ) No comments
( )s`) Commercial operations may not use transfer stations for disposal.
Aggregates and any other construction demolition waste should be reused to its fullest
extent.
( ~t~) Ample room should be provided for recycling.
( Greenwaste may be disposed of at the drop sites located at the Kailua and Hilo
transfer stations.
( ) Othcr:_
cc: SWD, WWD s76z
!/mvni ~i Cmvvy is nn e9unl oppornonty provider aed employer. EXH~B~T
L
`~'k;
61 WA/(~
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19 d9
3 L,1 n,
yf~o7 gpgp\1•~~ 345 EICUANAO'A STRE Et,~'S Ii~I PE 20'~b'% H'~LO;~MAWAI'I 96720
TELEPHONE (D06) 961-8050 e FAY (808) H61-6657
July 9, 2004
"f0: Mr. Christopher J. Yuen, Planning Director
Planning Department
FROM: Milton D. Pavao, Manager
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 04-013)
REQUEST: A-SA TO FA-3A
APPLICANT - MITSUGI KOMO RES'OCABLE TRUST
TAX MAP KEY 7-5-024:025
We have reviewed the subject application for the proposed Change of Zone and have the following
comments.
Water can be made available from an existing 8-inch waterline in Mamalahoa Highway, which fronts
the parcel, for the proposed 2-lot subdivision.
Pursuant to the Department's Rules and Regulations, a water commitment may be issued. Based on
the one additional lot that is requested in the proposed Change of Zone Application, the required water
commitment deposit is $150.00.
Remittance of $150.00 from the applicant 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.
Upon issuance of a formal water commitment, we shall submit our comments and requirements for ~
tentative subdivision approval.
For the applicant's information, should the subject change of zone be approved and a subdivision X
application executed, final approval will be subject to the following requirements: W
1. Construct necessary water system improvements, which shall include, but not be limited to, a
service lateral that will accommodate a 5/8-inch to the additional lot.
Submit installation plans prepared by a professional engineer, registered in the State of Hawaii, for
review and approval. J~ /
V~~uer' briEa~3 ~~e'o~re_tt... dl~~c3~~3
Tne. Department of Viiater Supply is an Equal Opportumry piovlder and omployer. fo itle a complaint of tliscAmmahon, write' USDA, Director, Offme of Cmtl
Rights, Room 326-W WhiVOn Budd'u~g, 1h[h anA Independenre Avenue, SW. W:IShinaton DC 2025 0-94 1 0. Or call (202) 720-5960 (voice and TDD1
Mr. Christopher J. Yuen, Planning Director
Page 2
July 9, 2004
2. Remittance of the prevailing facilities charge balance and capital assessment fee, which are subject
to change, of $5,350.00 and $500.00, respectively, and calculated as shown below. This is due and
payable upon completion of the construction of the water system improvements and prior to water
service being granted.
FACILITIES CHARGE
One first service previously paid $ 0.00
One additional service ~ $5,500.00 each +5 500 00
SUBTOTAL $5,500.00
CAPITAL ASSESSMENT FEE
Three additional services in North Kona nn $500.00 each $ 500 00
TOTAL (SUBJECT TO CHANGE) $6,000.00
For your information, the total facilities charge requirement, which is subject to change, is
$5,500.00. However, the total water commitment deposits are credited towards the final facilities
charge requirement for the development. Note that the amount of water commitment deposits may
exceed the prevailing facilities charge amount; for example, when requests for time extensions
continue and are approved. Until the development is finally completed, these are separate and
unrelated items. In the event that water commitment deposits exceed the facilities charge, no
refunds are applicable. With this understanding, the current facilities charge balance is $5,350.00.
3. Comply with all other applicable policies and requirements of the Department's Rules and
Regulations. Noncompliance may be cause for voiding the water commitment, at which time
availability will be subject to change in accordance with the prevailing water system conditions,
policies, and Rules and Regulations.
Should there be any questions, please call Ms. Shari Komata of our Water Resources and Planning
Branch at 961-8070, extension 252.
Sincerely yours,
ilton D. Pavao, P.E.
Manager
SHKsco
copy - Mr. Sidney Fuke
Mr. Mitsugi Komo
JpfY a/ yqw
4: 9i
Harry Kim ~ au`' Darryl J. Oliveira
Mapor Flre Chief
°.'r Desmond K. Wery
91~ OI~N>~
Deputy Fire Chief
~ i I
_ ' ' C~~untp of ~aciro~i`i
- FIRE DEPARTMENT
25 Aupuni Stree[ • Suite 103 • fiilq Hawaii 96720
(808) 96]-8297 • Fax (808)961-8296
June 10, 2004
TO CHRISTOPHER J. YUEN, PLANNING DIRECTOR
FROM DESMOND K. WERY, DEPUTY FIRE CHIEF
SUBJECT CHANGE OF ZONE APPLICATION (REZ 04-013)
APPLICANT: MITSUGI KOMO REVOCABLE TRUST
REQUEST: A-5a TO FA-3a
TAX MAP KEY: 7-5-24:25
Fire apparatus access roads shall be in accordance with UFC Section 10.207:
"Fire Apparatus Access Roads
"Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained in accordance with
the provisions of this section.
"(b) Where Required. Fire apparatus access roads shall be required for every building hereafter constructed
when any portion of an exterior wall of the first story is located more than 150 feet from fire department vehicle
access as measured by an unobstructed route around the exterior of the building.
"EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler
system, the provisions of this section may be modified.
"2. When access roadways cannot be installed due to topography, waterways, nonnegotiable grades
or other similar conditions, the chief may require additional fire protection as specified in Section
10.301 (b).
"3. When there are not more than two Group R, Division 3 or Group M Occupancies, the requirements
of this section maybe modified, provided, in the opinion of the chief, fire-fighting or rescue operations
would not be impaired.
"More than one fire apparatus road may be required when it is determined by the chief that access by a single
road may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could
limit access.
"For high-piled combustible storage, see Section 81.109.
"(c) Width. The unobstructed width of a fire apparatus access road shall meet the requirements of the
appropriate county jurisdiction.
~P~I CCL =
2 <
~E~HIBIT ~AEO~
HmonPi County is m~ Fqual Oggorhmity Pravfder and 6nplager.
Christopher J. Yuen, Planning Director
Page 2
June 10, 2004
"(d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed vertical clearance of not
less than 13 feet 6 inches.
"EXCEPTION: Upon approval vertical clearance may be reduced, provided such reduction does not
impair access by fire apparatus and approved signs are installed and maintained indicating the
established vertical clearance.
"(e) Permissible Modifications. Vertical clearances or widths required by this section maybe increased
when, in the opinion of the chief, vertical clearances or widths are not adequate to provide fire apparatus
access.
"(f) Surtace. Fire apparatus access roads shall be designed and maintained to support the imposed loads of
fire apparatus and shall be provided with a surface so as to provide all-weather driving capabilities." (20 tons)
"(g) Turning Radius. The turning radius of a fire apparatus access road shall be as approved by the chief."
(45 feet)
"(h) Turnarounds. All dead-end fire apparatus access roads in excess of 150 feet in length shall be provided
with approved provisions for the turning around of fire apparatus.
"(i) Bridges. When a bridge is required to be used as access under this section, it shall be constructed and
maintained in accordance with the applicable sections of the Building Code and using designed live loading
sufficient to carry the imposed loads of fire apparatus.
"(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the
chief." (15%)
"(k) Obstruction. The required width of any fire apparatus access road shall not be obstructed in any manner,
including parking of vehicles. Minimum required widths and clearances established under this section shall be
maintained at all times.
"(I) Signs. When required by the fire chief, approved signs or other approved notices shall be provided and
maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both."
Water supply shall be in accordance with UFC Section 10.301:
"(c) Water Supply. An approved water supply capable of supplying required fire flow for fire protection shall
be provided to all premises upon which buildings or portions of buildings are hereafter constructed, in
accordance with the respective county water requirements. There shall be provided, when required by the
chief, on-site fire hydrants and mains capable of supplying the required fire flow.
"Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems
capable of providing the required fire flow.
"The location, number and type of fire hydrants connected to a water supply capable of delivering the required
fire flow shall be protected as set forth by the respective county water requirements. All hydrants shall be
accessible to the fire department apparatus by roadways meeting the requirements of Section 10.207."
DESMOND K. WERY~`4.
Deputy Fire Chief. _
NA:Ik
4 E,..
~
F .!rq PETEH T. YOUNG
LINDA LINGLE tiP ~.A CHAinPERSON
a W BOARU OF LAND ANp NATUMI RESOURCES
OOVERNOn OF HAWAII f,OMMISSION ON WATER RESOURCE MANAGEMENT
DAN DAVIDSON
DEPUTY DIRECTOR ~ LAND
4p, YVONNE Y. IZU
of Vand aptl A/d~ )r~ 11.1 r~~ I _ ~ PpOi~jpPj%~ DEPUTY pIRECTOR-WATER
Sc` - °j ~ ~ ~ iii ~ ~
tC ~ AQUATIC nESOURCES
BOAONG AND OCEAN RECREATION
O ~
STATE OF HAWAII COMMISSION ON WA ER RESOURCE MANAGEMENT
~ DEPARTMENT DF LAND AND NATURAL RESOURCES colvsEav"ni
orv+nTivo
ENSOUaocES eLi+voaoEMENT
ENGINEERING
FORESTRY ANO W ILOIIFE
were of tlar"° HISTORIC PRESERVATION DIVISION wsroRlc PRESERVnnoN
KAKUHIHEWA BUILDING, ROOM 555 rcAHpouwElsuNO RESERVE COMMISSION
601 KAMOKILA BOULEVARD srATE annrcs
KAPOLEI, HAWAII 96707
June 22, 2004
Christopher Yuen, Planning Director LOG NO: 2004.1785
County of Hawaii DOC NO: 0406JK09
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Dear Mr. Yuen,
SUBJECT: Chapter 6E-42 Review (County) Planning (REZ 04-013) Change of Zone
Application; Applicant: Mitsugi Komo Revocable Trust Request: A-Sa to FA-3a
Honuaula, North Kona, Hawaii Island
TMK: (3) 7-5-024: 025
Thank you for submitting the above referenced Change of Zone Application for our review and
comments which was received in our office on June 2, 2004.
We understand that the current application is being processed in order for the applicant to convey
the subject property to his children. The approximately 6.069 acres will be subdivided into two
approximately 3 acre lots. No further subdivision is planned.
Our records show that no archaeological work has been done on the subject parcel in the past.
However, the current owners have farmed the property for the past 50 years with macadamia and
coffee trees covering the majority of the land. Therefore, we believe that a finding of "no historic
properties affected" is appropriate.
If any questions should arise about this project in the future, please contact our Hawaii Island
archaeologist, Patrick McCoy at 692-8029.
Aloha,
P. Holly McEldowney, Administrator/
State Historic Preservation Division
JK:jen
c: Chris Yuen, Hawaii County Planning Director
Kai Emler, Hawaii County Public Works
Sidney M. Fuke, Planner
EXHIBIT
2e.°-°~ n
,~P ~ 1958` 9~
4 ~
LINDA LINGLE d CHIYOME L FUKINO, M. D.
GOVERNOR c ! ~ GIRECTOP G'r HEAETH
' ~ I ~ Pi /`i
~ ' ~
~ ( STATE OF HAWAII
DEPARTMENT OF HEALTH
_ P.O. BOX 916
' I HILO, HAWAII 96721-0916
lV ~ .:I
MEMORANDUM
DATE: June 25, 2004
TO: Christopher J. Yuen
Planning Director, County of Hawaii
FROM: Aaron A. Ueno
District Environmental Health Program Chief
SUBJECT: Change of Zone Application (REZ 04-013)
Applicant: Mitsugi Komo Revocable Trust
Request: A-Sato FA-3a
Tax Map Key: 7-5-24:25
The Health Department found no environmental health concerns with regulatory implications in
the submittals.
WORD:REZ04-013.my
.4yf,
EXHIBIT
C-~
SidneyFuke, t'lanning Consultant
100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 • Planning • Variance • Zoning
Telephone:(808)969-1522•Fax: (808)969-7996 :i~~J •Subdivision•Land USe Permits
'-~~iv ~m •Environmenlal Reports
? 10
.
June 25, 2004 '
C,~
•%i;7 11'
Mr. Christopher Yuen, Director
Planning Department
COUNTY OF HAWAFI
101 Pauahi Street
Hilo, HI 96720
Dear Mr. Yuen:
Subject: Rezoning Request (REZ 04-013) - M. Komo Revocable Trust
North Konat HI. TMK: 7-5-24: 025
Thank you for providing me with agency comments to date regarding the subject
matter. We note that the Police Department had no comments or objections to the
request.
Relative to the Solid Waste Division's comments, during the course of preparing
the land for this project, the applicant intends to retain as much of the material on the
property. This should thus minimize disposal at approved disposal sites.
Relative to the Fire Department's comments, the requirements on fire access,
hydrants, and related fire protective measures will be done during the subdivision
approval process.
Please note that as the comments and responses did not appear to require further
dialogue, a copy of this letter was not provided to those agencies. Should there be further
questions/comments on this matter, please feel free to contact me. Thank you very much.
Sincerely,
SID~EY M. FUKE
Planning Consultant
Copy - Mr. Mitsugi Komo w/ enclosures
1~
I ~
EXHIBIT
C~
SidneyFuke, Planning Consultant
100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 • Planning • Variance • Zoning
Telephone: (808) 969-1522 • Fax: (60II) 969-7996 • Subdivision • Land Use Permi(s
• Environmental Reports
July 8, 2004i~ JUi ~ 1 ~g
,
, Ei,ff
Mr. Christopher Yuen, Director , I~
Planning Department
COUNTY OF HAWAI'1
101 Pauahi Street
Hilo, HI 96720
Dear Mr. Yuen:
Subject: Rezoning Request (REZ 04-013) - M. Komo Revocable Trust
North Kona, HI, TMK: 7-5-24: 025
Thank you for providing me with additional agency comments to date regarding
the subject matter. We note that the State Historic Preservation Office issued a "no
historic properties affected" letter. Furthermore, the State Department of Health had no
comments or objections to the request.
Please note that as the comments and responses did not appear to require further
dialogue, a copy of this letter was not provided to those agencies. Should there be further
questions/comments on this matter, please feel free to contact me. Thank you very much.
mcerely
SIDNEY M. FUKE
Planning Consultant
Copy - Mr. Mitsugi Komo w/ enclosures
(l,`riri.~i32
SidneyFuke, Planning Consultant
100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 • Planning • Variance • Zoning
Telephone: (808) 969-1522 • Fax: (808) 969-7996 • Subdivision • Land Use Permits
_ • Environmental Repotls
9uly 17, 2004.
~ r~
Mr. Christopher Yuen, Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 96720
Dear Mr. Yuen:
Subject: Rezoning Request (REZ 04-013) - M. Komo Revocable Trust
North Kona, HI, TMK: 7-5-24: 025
Thank you for providing me with additional agency comments to date regarding
the subject matter. Relative to the Department of Water Supply's comments, please be
informed that should the rezoning request be approved, the applicant will pay the
required water commitment deposit, facilities charge and capital assessment fee and
install the required meter in conjunction with the subdivision approval process.
Regarding the Department of Public Works' comments, if required, the applicant
will have a single access to service both lots. This can be determined during the
subdivision review process.
Given the size of the property (6.069 acres), it may be difficult to relinquish
additional right-of--way fronting the Mamalahoa Highway, as the resultant lots may be
less than the requested 3-acre minimum. However, having the requested additional right-
of-way designated as a "future road widening setback" would not frustrate the intended
2-lot subdivision.
Any encroachments within the government right-of--way will be removed by the
applicant in conjunction with the subdivision process, and particularly in conjunction
with the construction of the required driveway access.
Should there be further questions/comments on this matter, please feel free to
contact me. Thank you very much.
Sincerely, .
t. v
SIDNEY IVI. FUSE
Planning Consultant
Copy - Mr. Mitsugi I~orno w/ enclosaxres
RKomoRE;Z.doc -S/2/04
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
MITSUGI KOMO REVOCABLE TRUST
CHANGE OF ZONE APPLICATION (REZ 04-013)
Upon careful review of the request against the guidelines for granting a change of zone,
the Planning Director is recommending that a favorable recommendation for a Change of
Zone from Agricultural 5-acre (A-Sa) to Family Agricultural 3-acre (FA-3a) for
approximately 6.069 acres be forwarded to the County Council. Since this recommendation
is made without the benefit of public testimony, the Director reserves the right to modify and/or
alter this position. This favorable recommendation is based on the following findings:
The applicant is requesting a Change of Zone from Agricultural 5-acre (A-Sa) to
Family Agricultural 3-acre (FA-3a) for approximately 6.069 acres to subdivide the
property into two lots approximately three acres in size to convey the lots to his children.
The applicant and his wife have owned and farmed the property for over 50 years.
Because of the applicant's age, the farm has become too lazge for the couple to maintain.
Their children would like to own a portion of the site and continue the farm on a part-
time basis. Tentatively, subdivision will occur in 2005. The estimated cost of the
improvements is less than $25,000 for the construction of any required driveway access
and an additional water meter.
In order to consider an area for any type of zoning designation, the applicable
goals, policies and standazds of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must be also considered as they may have an impact on similar areas in the
County.
The Change of Zone request from Agricultural 5-acre (A-Sa) to Family
Agricultural 3-acre (FA-3a) will conform to the goals, policies and standards of the
-1-
General Plan Economic and Land Use elements. The Land Use Pattern Allocation
Guide (LUPAG) Map component of the General Plan is a representation of the
document's goals and policies to guide the coordinated growth and development of the
County. It reflects a graphic depiction of the physical relationship among the various land
uses. The LUPAG Map establishes the basic urban and non-urban form for areas within
the County. The subject area is designated Orchazds. Orchards are agricultural lands
which though rocky in character and content support productive macadamia nuts, papaya,
citrus, and other similaz agricultural products. Soils within the property are identified as
HVD, Honuaulu extremely stony silty clay loam, 12 to 20 percent slopes. This soil is
used for coffee and pasture. Small azeas aze used for macadamia nuts, bananas, citrus
fruits, and avocados. The Land Study Bureau's Detailed Land Classification System
identifies soils on the property as "C" or "Fair" for agricultural productivity. The property
is unclassified under the ALISH System. The Federal Emergency Management Agency
Flood Insurance Rate Map (FIRM) designates the property as Zone "X", an area
determined to be outside of the 500-year flood plain.
The property is an approximately 6.069-acre parcel fronting Mamalahoa Highway,
two miles south of the junction of Mamalahoa Highway and Palani Road, south of the
Keopu Heights Subdivision. The pazcel is gently sloping at a gradual 10 to 15 percent
slope, ranging in elevation from 1,100 feet to 1,300 feet above mean sea level. There is
an existing dwelling and sheds on the site. The dwelling will be either renovated or
relocated, depending on the preference of the potential owner, one of the children of the
applicant. Aside from the azea of the residence, the entire site has been cleared and
cultivated with macadamia nut trees and coffee trees. Suaounding properties aze zoned
Agricultural 1-acre (A-la) across Mamalahoa Highway to the east, and Agricultural 5-
acre (A-Sa) to the north, west and south. The area is rural in nature. There are a few
small, family-type coffee farms on properties mauka of the Mamalahoa Highway and to
the north and south of the site. The Keopu Cemetery is located less than 700 feet south of
the property.
Access to the proposed subdivision is from the Mamalahoa Highway, a County
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roadway with an approximately 18 to 20-foot wide pavement within a variable right-of-
way (approximately 50-feet in this area). According to the Department of Public Works
(DPW), it is substandard based on width, alignment and roadside hazard clearance. The
DPW recommends that the Mamalahoa Highway right-of--way be widened to one half the
difference between the existing width and 80 feet and convey (at no cost to the County) a
future road widening setback easement area as a condition of final subdivision approval.
The DPW also recommends that vehiculaz access to Mamalahoa Highway be limited to
one common driveway approach.
The proposed subdivision would be compatible with the rural character of lands
located within this area of North Kona, as lands to the north of the property are three-
acres in size and zoned A-3a. Should this request be approved, the applicant may apply
for a Second Farm Dwelling, allowing for the construction of a second dwelling unit on
each lot. The potential to allow additional dwellings may contribute to the cumulative
burden on the existing infrastructure. As such, a condition is included to prohibit a
second dwelling unit and a Condominium Property Regime (CPR) on each lot. The
condition will require that restrictive covenants be included in the deeds of all the
proposed lots for the subdivision prohibiting second dwelling units to preserve the
residential/agricultural ambience of the azea. The approximately three-acre lot sizes will
also provide opportunities for future landowners who wish to pursue limited agricultural
activities, but are not able to commit to the financial or labor demands placed on them by
larger parcels.
Since the property was and used as a coffee and macadamia nut farm in the past,
no commissioned archaeological survey was conducted. However, it is expected that no
archaeological or historic features exist on the property. By letter dated May 24, 2004,
the applicant has requested a "no effect" letter from the State Department of Land and
Natural Resources Historic Preservation Division. In a memo dated June 22, 2004, the
State Department of Land and Natural Resources Historic Preservation Division indicated
that "our records show that no archaeological work has been done on the subject parcel in
the past. However, the current owners have farmed the property for the past 50 yeazs
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with macadamia and coffee trees covering the majority of the land. Therefore, we believe
that a finding of'no historic properties affected' is appropriate."
According to the Department of Water Supply, water can be made available from
an existing 8-inch waterline fronting the Mamalahoa Highway. As there is no municipal
sewer system in the azea, wastewater will be disposed of by a septic tank or cesspool
system, meeting the requirements of the State Department of Health. All other essential
utilities and services are or can be made available to the site.
The subject request is not contrary to Chapter 205A, Hawaii Revised
Statues, relating to Coastal Zone Management. The properly is not located in the
Special Management Area. The site is located approximately three miles mauka of the
shoreline and therefore will not be impacted by coastal hazard and beach erosion. There
is no record of a designated public access that traverses the property. According to the
applicant, no valued cultural, historical or natural resources exist on the properties and
there is no evidence of any traditional and customary Native Hawaiian rights being
practiced on the site. Thus, it is not anticipated that the proposed request will have any
adverse impact on cultural or historical resources in the azea.
In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O
Ka ilina"decisions, the issue relative to native Hawaiian gathering and fishing rights
must be addressed in terms of the cultural, historical, and natural resources and the
associated traditional and customary practices of the site:
• Investigation of valued resources: No formal azchaeological reconnaissance
survey, oral history of kamaaina accounts of the azea, historical survey of
documentary records, or botanical study was included in the application.
• The valued cultural, historical, and natural resources found in the rezoning azea:
The owners have farmed the property for over 50 years, and the State Department
of Land and Natural Resources Historic Preservation Division has indicated that
no historic properties will be affected.
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• Possible adverse effect or impairment of valued resources: Native plants may be
destroyed by ground alteration. There is no evidence that the flora in the area aze
particularly desired or used for cultural practices.
• Feasible actions to protect native Hawaiian rights: As stated by the applicant, no
gathering is taking place on the site. Thus, to the extent to which traditional and
customary native Hawaiian rights are exercised, the proposed action will not
affect traditional Hawaiian rights; therefore, no action is necessary to protect these
rights.
Based on the above findings, approval of the Change of Zone request from
Agricultural 5-acre (A-Sa) to Family Agricultural 3-acre (FA-3a) would result in an
appropriate land use pattern that will further the public necessity and convenience and the
general welfaze.
The accompanying draft bill to amend Section 25-8-3 (North Kona District Zone
Map) is provided for your favorable consideration. Please note the proposed conditions
of approval attached to the draft bill.
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CKomoRE7,. doc-8/2/04
MITSUGI KOMO REVOCABLE TRUST
CHANGE OF ZONE APPLICATION (REZ 04-013)
CONDITIONS OF APPROVAL
A. The applicant, its successors or assigns shall be responsible for complying with all
of the stated conditions of approval.
B. Prior to the issuance of a water commitment by the Department of Water Supply,
the applicant shall submit the anticipated maximum daily water usage calculations
as recommended by a registered engineer, and a water commitment deposit in
accordance with the "Water Commitment Guidelines Policy" to the Department of
Water Supply within ninety (90) days form the effective date of this ordinance.
C. Final Subdivision Approval shall be secured within five (5) yeazs from the
effective date of this ordinance.
D. Vehiculaz access to Mamalahoa Highway shall be limited to one common
driveway approach.
E. A future road widening setback equal to one-half the difference between the
existing width and 80 feet on Mamalahoa Highway shall be delineated on plans
submitted for Final Subdivision Approval.
F. The applicant shall remove any encroachments or obstructions within the County
right-of--way.
G. Restrictive covenants in the deeds of all the proposed lots shall give notice that
the terms of the zoning ordinance prohibit the construction of a second dwelling
unit and condominium property regimes on each lot. This restriction may be
removed by amendment of this ordinance by the County Council. The owners of
the property may also impose private covenants restricting the number of
dwellings. A copy of the proposed covenant(s) to be recorded with the State of
Hawaii Bureau of Conveyances shall be submitted to the Planning Director for
review and approval prior to the issuance of Final Subdivision Approval. A copy
of the recorded document shall be filed with the Planning Department upon its
receipt from the Bureau of Conveyances.
H. All development generated runoff shall be disposed of on site and not be directed
toward any adjacent properties. A drainage study shall be prepared and submitted
to the Department of Public Works concurrently with the submission of
preliminary subdivision plans. Any drainage improvements shall be constructed,
meeting with the approval of the Department of Public Works.
I. The method of sewage disposal shall meet with the requirements of the State
Department of Health.
J. Should any remains of historic sites, such as rock walls, terraces, platforms,
marine shell concentrations or human burials be encountered, work in the
immediate azea shall cease and the Department of Land and Natural Resources -
State Historic Preservation Division (DLNR-HPD) shall be immediately notified.
Subsequent work shall proceed upon an archaeological clearance from DLNR-
HPD when it finds that sufficient mitigation measures have been taken.
K. Comply with all applicable laws, rules and regulations of the affected agencies,
including the Department of Public Works, Department of Water Supply and
Department of Health.
L. An annual progress report shall be submitted to the Planning Director prior to the
anniversazy date of enactment of the ordinance. The report shall include, but not
be limited to, the status of the development and the extent to which the conditions
of approval have been satisfied. This condition shall remain in effect until all of
the conditions of approval have been satisfied and the Planning Director
acknowledges that further reports aze not required.
M. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
1. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, successors or assigns,
and that are not the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the General Plan
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or Zoning Code.
3. Granting of the time extension would not be contrary to the original
reasons for the granting of the change of zone.
4. The time extension granted shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be performed within
one yeaz may be extended for up to one additional yeaz).
N. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate rezoning of the area to its original or
more appropriate designation.
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BILL NO.
(PLANNING DEPARTMENT
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-Sa) TO
FAMILY AGRICULTURAL (FA-3a) AT HONUAULA, NORTH KONA, HAWAII,
COVERED BY TAX MAP KEY 7-5-24:25.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SEC"PION 1. Section 25-8-3, Article 8, Chapter 25 (Zoning Code) of the Hawaii County
Code, is amended to change the district classification of property described hereinafter as
follows:
The district classification of the following area situated at Honuaula, North Kona,
Hawaii shall be Family Agricultural (FA-3a):
Beginning at a % inch pipe (set) at the Northeasterly comer of this parcel of land,
being also the Southeasterly corner of Lot A-1-A of this subdivision and being a point on
the Westerly side of Mamalahoa Highway, the coordinates of said point of beginning
referred to Government Survey Triangulation Station "KAFIELO" being 11,927.20 feet
North and 10,046.41 feet East and naming by azimuths measured clockwise from Tme
South:
Thence, for the next ten (10) courses following along the Westerly side of
Mamalahoa Highway:
l . 342° 55' 45.20 feet along the Easterly face of stonewall to a
point;
2. 344° 53' 19.10 feet along the Easterly face of stonewall to a
point;
3. 350° 42' 7.00 feet to a point;
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4. 347° 08' 47.30 feet to a point;
5. 343° 15' 23.50 feet along the Easterly face of stonewall to a
point;
6. 3° 30' 7.40 feet to apoint;
7. 339° 48' 47.30 feet along the Easterly face of stonewall to a
point;
8. 338° 58' 15.00 feet to a point;
9. 335° 00' 27.00 feet along the Easterly face of stonewall to a
point;
10. 332° 27' 52.30 Ceet along the Easterly face of stonewall to a
point;
Thence, for the next twenty-seven (27) courses following along the remainder of
Grant 3100 to J. W. Kuakainauna:
11. 73° 30' 34.81 feet along the middle of stonewall to a point;
12. 86° 09' 3.60 feet to a point;
Thence, for the next dtree (3) courses following along middle of stonewall:
13. 66° 53' 26.70 feet to a point;
14. 62° 03' 29.90 feet to a point;
15. 68° 04' 48.70 feet to a point;
16. 77° 20' 9.00 feet to a point;
Thence, for the next three (3) courses following along middle of stonewall:
] 7. 68° 27' 43.10 feet to a point;
18. 76° 30' 29.80 feet to a point;
19. 75° 09' 21.40 feet to a point;
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20. 66° 15' 7.20 feet to a point;
Thence, for the next seven (7) courses followiug along middle of stonewall:
21. 78° 45' 42.60 feet to a point;
22. 79° 37' 35.90 feet to a point;
23. 75° 40' 41.80 feet to a point;
24. 80° 57' 30.20 feet to a point;
25. 79° 41' 41.30 feet to a point;
26. 74° 00' 44.00 feet to a point;
27. 67° 28' 18.70 feet to a point;
28. 72° 07' 8.60 feet to a point;
Thence, for [he next f ve (5) courses following along middle of stonewall:
29. 71° 37' 53.20 feet to apoint;
30. 74° 55' 81.30 feet to a point;
31. 75° 28' 34.60 feet to a point;
32. 170° 44' 78.20 feet to a point;
33. 171 ° 29' 195.20 feet to a point;
34. 169° 53' 51.90 feet to a point;
Thence, for the next nine (9) courses following along middle of stonewall:
35. 170° 46' 43.00 feet to a point;
36. 167° 33' 50.80 feet to a point;
37. 180° 26' 3.90 feet to a point;
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38. 255° 41' 30" 58.05 feet along Lots B and A-2 and along Land
Commission Award 7337 to Kaaikoele to a
point;
39. 235° 58' 24.64 feet along Lot A-2 and along Land
Commission Award 7337 to Kaaikoele to a
point;
40. 256° 07' 126.30 feet along Lot A-2 and along Land
Commission Award 7337 to Kaaikoele to a
point;
41. 242° 49' 30" 120.19 feet along Lots A-2 and A-1 and along Land
Commission Award 7337 to Kaaikoele and
Land Commission Award 7346 to Kaina to a
point;
42. 249° 36' 113.62 feet along Lol A-1 and along Land
Commission Award 7346 to Kaina to a
point;
43. 242° 45' 30" 49.74 feet along Lot A-1 and along Land
Commission Award 7346 to Kaina to a
inch pipe (set);
44. 338° 40' 182.15 feet along Lot A-1-A of this subdivision and
along the remainder of Grant 3100 to J. W.
Kuakamauna to a %z inch pipe (seQ;
45. 248° 40' 116.17 feet along Lot A-1-A of this subdivision and
along the remainder of Grant 3100 to J. W.
Kuakamauna to the point of beginning and
containing an area of 6.069 Acres.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. hi accordance with Section 25-2-44, Hawaii County Code, the County
Council finds the following conditions are:
(1) Necessary to prevent circumstances which maybe adverse to the public
health, safety and welfare; or
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(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(Q) Fulfillment of the need for public service demands created by the
proposed use.
SEE ATTACHED CONDITIONS
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP)
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION
FROM AGRICULTURAL (A-5a)
TO FAMILY AGRICULTURAL (FA-3a)
AT HONUAULA, NORTH KONA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK: 7-5-024:025 Date: June 21, 2004
EXH~B~T °A° (Mdsugi Komo:1138)