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HomeMy WebLinkAboutCOM 0788.000 2002-2004Harry Kim Mayor EP 2;j* PF1 12 C 2 COUNTY OF MAII 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-8211 Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawai'i 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 -10a 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 V State Land Use Boundary Amendment Application (SLU 04-007) Request: Agricultural to Urban Change of Zone Application (REZ 04-012) Request: A -5a to RS -20 Applicant: Lillian Mahi Tax Map Key: 7-3-11:68 Dixie Kaetsu Managing Director Peter L. Hendricks Deputy Managing Director 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 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 Comm.No. B LW3142 +341 Ref. To: Ref. Date 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, o","od _ Harry Kim Mayor L090304may Enclosures cc: Planning Department Hawaii County is an Equal Opportunity Employer and Provider Harry Kim Mayor I County of Hawaii PLANNING COMNUSSION r>(� 1 r _. L . J 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043 September 21, 2004 (808)961-8288 • Fax(808)961-8742 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: State Land Use Boundary Amendment Application (SLU 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 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 State Land Use Boundary Amendment from the Agricultural to the Urban District and the district classification from an Agricultural 5 -acre (A -5a) to a Single Family Residential — 20,000 square foot (RS -20) district for approximately 1.9628 acres of land. The property is located on the southwest comer of the Mahilani Drive — Mamalahoa Highway (Highway 190) intersection, Kalaoa 1 sc and 2"d North Kona, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the requests: State Land Use Boundary Amendment The approval of the reclassification from the State Land Use Agricultural to the Urban District will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, the County General Plan and the Hawaii State Plan. According to the Land Use Commission Rules, one of the standards for considering an area for urban reclassification states that "In determining urban growth for the next ten years, or in amending the boundary, land contiguous with existing urban areas shall be given more consideration than non- Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 contiguous land, and particularly when indicated for future urban use on state or county general plans." The subject property does conform to this standard as it is situated adjacent to existing urban designated lands. These lands include the Kona Highlands Subdivision as well as other adjacent urban subdivisions. The reclassification action would conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan: a. Greater opportunities for Hawai`i's people to secure reasonably priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals. b. The orderly development of residential areas sensitive to community needs and other land uses. C. Effectively accommodate the housing needs of Hawai`i's people. d. Increase homeownership and rental opportunities and choices in terms of quality, location, cost, densities, style and size of housing. e. Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. The Urban District request would be consistent with the Housing goals and policies of the Hawaii County General Plan by creating residential housing opportunities. The Urban District request also conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map, which designates this area for Urban Expansion. Urban Expansion Area allows for a mix of high density, medium density, low density, industrial and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. This request is to allow an urban development, a planned low-density residential subdivision. Low Density Urban Development is defined as Residential uses at a density of four units per acre. The LUPAG Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the various land uses. The LUPAG Map establishes the basic urban and non -urban form for areas within the County. The area under consideration is consistent with the urban form established for this section of the North Kona District as depicted on the LUPAG Map. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 The Kona Regional Plan, adopted by Resolution No. 1 84, recommends the area for residential four (4) units per acre. The applicant's proposal is a single-family residential subdivision. It is adjacent to a residential subdivision called Kona Highlands. The proposed reclassification is for a similar urban land use designation. Thus, the requested boundary amendment would be in the direction of fulfilling the low density range plans, in this particular case. The property is situated within close proximity to the employment center of Kailua-Kona. The subject reclassification is for land located in close proximity to the urban/retail/employment center of Kailua-Kona. Therefore, the reclassification conforms with the General Plan which encourages urban developments in close proximity to existing developments and to existing services and facilities. The property is or will be provided with all utilities and services, which are essential to accommodate urban development. The applicant proposes to construct a 3 -lot subdivision, with lots no smaller than 20,000 square feet. According to the Department of Water Supply, water for the proposed project can be made available by the County of Hawaii from a 12 -inch waterline within Mamalahoa Highway or an 8 -inch line in Mahilani Drive which fronts the property. Electrical and telephone services are available to the property. Access to the proposed lots B-1 and B-2 will be from Mahilani Drive, which is a County owned and maintained street. Access to the proposed lot B-3 will be from an existing access onto Mamalahoa Highway, which is a State owned and maintained highway. The applicant has proposed a 10 -foot wide planting screen easement along Mamalahoa Highway fronting Lot B-1, Lot B-2 and a portion of Lot B-3. The property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U.S. Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone X, area outside of the 500 -year flood plain. Any improvements to the property must comply with Chapter 27 of the County Code relating to Flood Hazard Control. Thus, the reclassification does meet with the standard which states that the lands included within the urban district "... shall be those with satisfactory topography and drainage and reasonably free from the danger of floods, tsunami and unstable soil conditions and other adverse environmental effects." While the subject property is within the State Land Use Agricultural and County's Agricultural -5a zoned districts, it is not currently being used for active agricultural purposes. The State of Hawaii ALISH Map does not classify the subject property in any Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 category. The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area is "E" or Very Poor. Presently, there are several structures on the property. The reclassification of this 1.8628 -acre area from the Agricultural to the Urban designation will not be detrimental to the reduction of this area from the agricultural land inventory in the County of Hawaii. From a land use perspective, it is a more feasible alternative to infill urban development within this particular area of North Kona. In doing so, it would tend to alleviate the conversion of more productive agricultural lands in more appropriate locations within the North Kona area for Urban Low Density type uses. Furthermore, an Urban classification would complement the existing and future residential land use patterns of the surrounding properties in view of the adjacent Kona Highlands Subdivision. The proposed request from an Agricultural to an Urban district will not have a significant adverse impact to traditional and customary Hawaiian Rights. Investigation of valued resources: The applicant has presented the following information for the Planning Commission and the County Council to determine the valued cultural, historical, and natural resources within the area sought for rezoning: An Archaeological Assessment of the property was performed on March 18, 2004 by Robert B. Rechtman, Ph.D. of Rechtman Consulting, LLC. On behalf of the applicant, Dr. Rechtman filed a letter with the Department of Land and Natural Resources — State Historic Preservation Division (DLNR-SHPD) requesting a "no -effect" letter. A botanical reconnaissance conducted by Ron Terry, Ph. D. and Layne Yoshida, B.A. of Geometrician Associates, LLC in March 2004. The valuable cultural, historical, and natural resources found in the rezoning area: An archaeological assessment of the property was conducted by Dr. Rechtman. He noted that there were no archaeological resources observed on the subject property. The botanical reconnaissance had identified a total of 83 plant species, of which only four of them were indigenous to the Hawaiian Islands. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 Possible adverse effect or impairment of valued resources: In a letter dated June 29, 2004, the Department of Land and Natural Resources -State Historic Preservation Division issued a "no -effect' letter stating that they believe that there are no historic properties present because residential development/urbanization has altered the land, previous grubbing/grading has altered the land and an acceptable archaeological assessment or inventory survey found no historic properties. Thus, they believe that "no historic properties will be affected" by this undertaking. A condition will be included to require the notification of the Department of Land and Natural Resources -Historic Preservation Division (DLNR-SHPD) should any archaeological sites be encountered during the course of development. The botanical reconnaissance report concluded that "no rare, threatened or endangered species as listed by the U.S. Fish and Wildlife Service was observed on or near the property, which is basically already developed. The site in its developed condition does not represent suitable habitat for threatened or endangered plant or animal species, and further subdivision and development is unlikely to adversely affect such species." The property is not adjacent and/or proximate to the shoreline. As such, gathering of marine life, fishing and coastal access is not an issue. Feasible actions to protect native Hawaiian rights: According to the applicant, portions of the project site area have been previously cleared. It would appear very unlikely that the site would be used for gathering or associated with traditional and customary Hawaiian practices. Based on the above, the approval of the State Land Use Boundary Amendment to the Urban District complements the State Land Use District Regulations and is supportive of the State of Hawaii Plan. Change of Zone The applicant is requesting a Change of Zone for 1.8628 acres of land from an Agricultural 5 -acre (A -5a) to a Single -Family Residential 20,000 square feet (RS -20) district. The applicant is requesting the Change of Zone to allow the subsequent subdivision of the property into three (3) 20,000+ square foot residential lots for her three children. The applicant has concurrently submitted an application for a State Land Use Boundary Amendment from the Agricultural to Urban District. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 6 The proposed request from an Agricultural (A -5a) to a Single Family Residential - 20,000 square feet (RS -20) zoned district will conform to the following goals, policies and standards of the Land Use and Residential Elements of the General Plan. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through a comprehensive policy analysis approach that evaluations and decisions can be made to better time or stage developments to achieve quality growth. The implications of these evaluations and decisions must also be considered as they may have an impact on other similar areas in the County. The proposed request conforms to the following goals, policies and standards of the Land Use Element of the General Plan: LAND USE * Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. * Zone urban- and rural -types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. * Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. * The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. * Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. Approval of this request would also compliment the following goals and policies of the Single Family Residential Element of the General Plan: SINGLE-FAMILY RESIDENTIAL To maximize choices of single-family residential lots and/or housing for residents of the County. To ensure compatible uses within and adjacent to single-family residential zoned areas. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 7 To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. The County shall designate and allocate single-family residential zoned lands at varying densities for future use in accordance with the needs of the communities and the stated goals, policies and standards. The proposed request would also complement the following Housing Element goals and policies by creating a mix of residential housing opportunities and maintaining a housing supply that allows a variety of choice. HOUSING * Attain safe, sanitary, and livable housing for the residents of the County of Hawai `i. * Attain a diversity of socio-economic housing mix throughout the different parts of the County. * Maintain a housing supply which allows a variety of choice. * Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. * Seek sufficient production of new affordable rental and fee -simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. * Ensure that housing is available to all persons regardless of age, sex, marital status, ethnic background and income. The property is situated in an area designated as an Urban Expansion Area, which allows for a mix of high density, medium density, low density, industrial and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. The Kona Regional Plan, adopted by Resolution No. 1 84, designates the area for Residential -4 units/acre (RES 4). Furthermore, the Keahole to Kailua Development Plan adopted by the County Council by Resolution on April 3, 1991, designates the area as Existing Residential uses. Therefore, it is determined that the request conforms to the General Plan and is consistent with the General Plan LUPAG Map for this area. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 8 The property is situated within close proximity to the employment center of Kailua-Kona. The subject reclassification is for land located in close proximity to the urban/retail/employment center of Kailua-Kona. Therefore, the reclassification conforms with the General Plan which encourages urban developments in close proximity to existing developments and to existing services and facilities. While the subject property is within the State Land Use Agricultural and County's Agricultural (A -5a) zoned districts, it is not currently being used for active agricultural purposes. The State Department of Agriculture's Agricultural Lands of Importance to the State of Hawaii (ALISH) Map does not classify the subject property in any category. The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area is "E" or Very Poor. Therefore, the reclassification of this 1.8628 -acre area from the Agricultural to the Single -Family Residential designation will not be detrimental to the reduction of this area from the agricultural land inventory in the County of Hawaii. From a land use perspective, it is a more feasible alternative to infill residential development within this particular area of North Kona. In doing so, it would tend to alleviate the conversion of more productive agricultural lands in more appropriate locations within the North Kona area for Urban Low Density type uses. Furthermore, the request would complement the existing and future residential land use patterns of the surrounding properties. The property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U.S. Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone X, area of minimal tsunami inundation. There are no significant drainage ways on the subject property. While there are no indications of surface water flow on-site, the applicants will abide by all applicable County guidelines for run-off generated by the development. Any improvements to the property must comply with Chapter 27 of the County Code relating to Flood Hazard Control. All utilities and services are available to the property which is essential to accommodate urban development. Water for the proposed project can be made available by the County of Hawaii from a 12 -inch waterline within Mamalahoa Highway or an 8 -inch line in Mahilani Drive which fronts the property. The wastewater from the proposed project will be disposed of by the prevailing requirements of the State Department of Health's rules and regulations to be installed by the respective homeowners. Additionally, the applicants will abide by all applicable State and County air quality and noise level control standards during the pre -construction and construction phases of the project. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 9 Access to the proposed lots B-1 and B-2 will be from Mahilani Drive, which is a County owned and maintained street. Access to the proposed lot B-3 will be from an existing access onto Mamalahoa Highway, which is a State owned and maintained highway. Although the Department of Public Works suggested that no access be gained from Mamalahoa Highway, Lot B-3 will be allowed an access from the highway since it already exists. The applicant has proposed a 10 -foot wide planting screen easement along Mamalaboa Highway fronting Lot B-1, Lot B-2 and a portion of Lot B-3. Conditions of approval will require that the 10 -foot no vehicular access planting screen easement be delineated along Lots B-1, B-2 and a portion of B-3 fronting Mamalahoa Highway to prevent any additional access from the Highway. Electrical and telephone services are available to the property. The nearest police station is located in Kealakehe, approximately seven (7) miles from the property. There is a fire station at the intersection of Palani Road and the Queen Kaahumanu Highway, approximately seven (7) miles from the site. A new fire station is planned for Kalaoa that will provide service to this site in the future. The proposed request from an Agricultural -5 acres (A -5a) to a Single Family Residential -20,000 square feet (RS -20) zoned district will not have a significant adverse impact to traditional and customary Hawaiian Rights. Investigation of valued resources: The applicant has presented the following information for the Planning Commission and the County Council to determine the valued cultural, historical, and natural resources within the area sought for rezoning: An Archaeological Assessment of the property was performed on March 18, 2004 by Robert B. Rechtman, Ph.D. of Rechtman Consulting, LLC. On behalf of the applicant, Dr. Rechtman filed a letter with the Department of Land and Natural Resources — State Historic Preservation Division (DLNR-SHPD) requesting a "no -effect" letter. A botanical reconnaissance conducted by Ron Terry, Ph. D. and Layne Yoshida, B.A. of Geometrician Associates, LLC in March 2004. The valuable cultural, historical, and natural resources found in the rezoning area: An archaeological assessment of the property was conducted by Dr. Rechtman. He noted that there were no archaeological resources observed on the subject property. The botanical reconnaissance had identified a total of 83 plant species, of which only four of them were indigenous to the Hawaiian Islands. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 10 Possible adverse effect or impairment of valued resources: In a letter dated June 29, 2004, the Department of Land and Natural Resources -State Historic Preservation Division issued a "no -effect' letter stating that they believe that there are no historic properties present because residential development/urbanization has altered the land, previous grubbing/grading has altered the land and an acceptable archaeological assessment or inventory survey found no historic properties. Thus, they believe that "no historic properties will be affected" by this undertaking. A condition will be included to require the notification of the Department of Land and Natural Resources -Historic Preservation Division (DLNR-SHPD) should any archaeological sites be encountered during the course of development. The botanical reconnaissance report concluded that "no rare, threatened or endangered species as listed by the U.S. Fish and Wildlife Service was observed on or near the property, which is basically already developed. The site in its developed condition does not represent suitable habitat for threatened or endangered plant or animal species, and further subdivision and development is unlikely to adversely affect such species. The property is not adjacent and/or proximate to the shoreline. As such, gathering of marine life, fishing and coastal access is not an issue. Feasible actions to protect native Hawaiian rights: According to the applicant, portions of the project site area have been previously cleared. It would appear very unlikely that the site would be used for gathering or associated with traditional and customary Hawaiian practices. Based on the above findings, this request to reclassify the subject property from an Agricultural (A -5a) to a Single Family Residential -20,000 square feet (RS -20) zoned district would result in an appropriate land use pattern that will further benefit the general public. For your favorable consideration, amendments to State Land Use Boundaries Map H-7 and Section 25-8-3 (North Kona Zone Map), of the County Zoning Code are transmitted. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 11 We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, Fred Galdones, Chairman Planning Commission Lmahi02PC Enclosures cc: Mr. Gregory R. Mooers Ms. Lillian Mahi Department of Public Works Department of Water Supply Planning Department - Kona Department of Land & Natural Resources-HPD/Kona Rodney Haraga, Director/DOT-Highways, Honolulu Hawaii County is an Equal Opportunity Employer and Provider BMahi-REZ04-012-SLU04-007.jwd 07-20-04 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT LILLIAN MAHI STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 04-007) CHANGE OF ZONE APPLICATION (REZ 04-012) LILLIAN MAHI has submitted an application for a State Land Use Boundary Amendment for 1.8628 acres of land from the Agricultural to Urban District and a Change of Zone for 1.8628 acres of land from an Agricultural 5 -acre (A -5a) to a Single -Family Residential 20,000 square feet (RS -20) district. The property is located on the southwest corner of the Mahilani Drive - Mamalahoa Highway (Highway 190) intersection, Kalaoa I" and 2"d, North Kona, Hawaii, TMK: 7-3-11:68. APPLICANT'S REQUEST 1. Request: The applicant is requesting: a. State Land Use Boundary Amendment for 1.8628 acres of land from the Agricultural to Urban District; and a b. Change of Zone for 1.8628 acres of land from an Agricultural 5 -acre (A -5a) to a Single -Family Residential 20,000 square feet (RS -20) district. 2. Reason for Request: The applicant is requesting the State Land Use Boundary Amendment and Change of Zone to allow the subsequent subdivision of the property into three (3) 20,000+ square foot residential lots for her three children. 3. Supportive information: The applicant, Lillian Mahi, has submitted the following in support of the request. The four listed owners — Lillian Mahi, Michelle Mahi, Deborah Mahi and John Mahi, Jr. have given permission and authorization via submitted signed documents: (See Exhibit A - State Land Use Boundary Amendment and Change of Zone Applications) STATE AND COUNTY PLANS 4. SLU: Agricultural. 5. Zoning: Agricultural (A -5a). -1- General Plan LUPAG MAP: Urban Expansion. The County is currently conducting a comprehensive review update to the General Plan. One of the proposed amendments to the LUPAG Map involves the subject area, which is proposed to be changed to Low Density Urban to reflect the existing single family residential uses in the area. Hawaii State Plan Consistency: Economy, Population, Socio -Cultural Advancement (Housing) objectives and policies. Kona Regional Plan: Residential -4 units/acre (RES 4). Keahole to Kailua (K to K) Development Plan: Existing Residential. 10. Ohana Dwellings: Ohana dwellings may be allowed in the proposed State Land Use Urban District and County Single Family Residential zoned district. The applicant has proposed to have covenants incorporated into the deeds of the respective lots to prohibit the construction of an "ohana" or a second dwelling unit. 11. 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 area 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 protection. The property is located over 5 miles from the nearest coastline and therefore, will not be impacted by coastal hazard and beach erosion. 12. SMA: The property is not situated within the Special Management Area (SMA) boundary. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 13. Subject Property: The subject property is 1.8629 acres in size and is roughly rectangular in shape. There is a single family dwelling, a storage building and two small sheds presently on the subject property. 14. Surrounding Land Uses/Zoning: There are single-family residences within residential subdivisions located in the immediate surrounding area of the property. These include Kona Highlands to the east, Kona Coastview and Kona Wonderview to the south and Kalaoa View and Keahole View to the north. These subdivisions are situated mainly -2- within the State Land Use Urban District and are primarily zoned Agricultural (A -5a) by the County. However, these subdivisions are essentially non -conforming residential sized lots ranging between 8,000 to 20,000 square feet. 15. U.S. Soil Survey: Punalu'u (rPYD) Series soil. The Punalu'u Series consists of well -drained thin organic soils over pahoehoe lava bedrock. The soil (peat) is rapidly permeable. The pahoehoe lava is very slowly permeable, although water moves rapidly through the cracks. Runoff is slow and the erosion hazard is slight. This soil is used largely for pastoral purposes. 16. Land Study Bureau Soil Rating: Class "E" or "Very Poor" 17. ALISH: Unclassified. 18. FIRM: Zone X, areas outside of the 500 -year flood plain. 19. Flora/Fauna: A botanical reconnaissance was conducted by Ron Terry, Ph. D. and Layne Yoshida, B.A. of Geometrician Associates, LLC in March 2004. The report concluded that "no rare, threatened or endangered species as listed by the U.S. Fish and Wildlife Service was observed on or near the property, which is basically already developed. The site in its developed condition does not represent suitable habitat for threatened or endangered plant or animal species, and further subdivision and development is unlikely to adversely affect such species. No mitigation measures are required, but we do recommend that current and future owners consider landscaping that incorporates native species such as ohia, lama (Diospyros sandwicensis), alahee (Psydrax odoratum), which are attractive and hardy." 20. Archaeological Resources: According to the applicants' environmental report, an archaeological assessment has been conducted for the project area by Rechtman Consulting as part of the change of zone process. On behalf of the applicant, Dr. Rechtman has filed a letter with the Department of Land and Natural Resources — State Historic Preservation Division (DLNR-SHPD) requesting a "no -effect" letter. Dr. Rechtman noted that there were no archaeological resources observed on the subject property. The Department of Land and Natural Resources -State Historic Preservation Division has issued a "no -effect" letter stating that they believe that there are no historic properties present because residential development/urbanization has altered the land, -3- previous grubbing/grading has altered the land and an acceptable archaeological assessment or inventory survey found no historic properties. Thus, they believe that "no historic properties will be affected" by this undertaking. 21. Cultural Resources: The property is not adjacent and/or proximate to the shoreline. As such, gathering of marine life, fishing and coastal access is not an issue. Portions of the project site area have been previously cleared. It would appear very unlikely that the site would be used for gathering or associated with traditional and customary Hawaiian practices. 22. Previous Land Use Approvals: In February, 1985 at the request of the Planning Department, the State Land Use Commission reclassified several non -conforming residential subdivisions into the Urban District. The following subdivisions were included in the reclassification action: Kona Palisades Estates, Kona Highlands, Kona Wonder View Lots, Kona Coastview, Kona Heights and Aloha Kona. With the exception of the Kona Heights and Aloha Kona Subdivisions, all of the above-mentioned subdivisions are adjacent to or within close proximity of the subject area. In recent years a number of similar requests for a State Land Use Boundary Amendment to an Urban District and Change of Zone to Single Family Residential zoned district were approved within the vicinity of the subject property. PUBLIC FACILITIES AND UTILITIES 23. Access: Access to the proposed lots B-1 and B-2 will be from Mahilani Drive, which is a County owned and maintained street. There is an existing access onto Mahilani Drive which is displayed on the site plan. Access to the proposed lot B-3 will be from an existing access onto Mamalahoa Highway, which is a State owned and maintained highway, also identified on the site plan. The site plan identifies a 10 -foot wide planting screen easement (proposed Easement "P-1") along Mamalahoa Highway fronting Lot B- 1, Lot B-2 and a portion of Lot B-3. 24. Water: Water is available to the site from the existing Department of Water Supply system on Mamalahoa Highway. 25. Wastewater: According to the applicant, sewage will be disposed of via individual wastewater treatment systems approved by the State Department of Health. 26. Essential Utilities and Services: Electrical and telephone services are available to the property. The nearest police station is located in Kealakehe, approximately seven (7) miles from the property. There is a fire station at the intersection of Palani Road and the Queen Kaahumanu Highway, approximately seven (7) miles from the site. A new fire station is planned for Kalaoa that will provide service to this site in the future. AGENCIES' COMMENTS 27. Department of Environmental Management -Solid Waste Division (May 26, 2004 Memo): "Commercial operations may not use transfer stations for disposal. Aggregates and any other construction/demolition waste should be reused to its fullest extent. Greenwaste may be disposed of only at the drop sites located at the Kailua or Hilo transfer stations." 28. Police Department (June 8, 2004 Memo): "Staff has reviewed the above -referenced applications and have the following concerns: 1. The applicant is proposing to divide this property into three separate lots. Two of the lots are shown in the rezoning exhibit as having access via Mahilani Drive. The third lot is showing its access via Hawaii Belt Road. Staff recommends that all three lots have access via Mahilani Drive only. 2. Staff is also concerned that increased density along this corridor will further congest traffic on the Hawaii Belt Road and Palani Road; 3. Assess sufficient impact fees to address public safety." 29. Department of Land and Natural Resources -Land Division -Engineering Division (June 16, 2004 Memo): "We confirm that the project site, according to the Flood Insurance Rate Map (FIRM), is located in Flood Zone X." 30. Department of Land and Natural Resources -State Historic Preservation Division (June 29, 2004 Memo): "We believe there are no historic properties present because residential development/urbanization has altered the land, previous grubbing/grading has altered the land and an acceptable archaeological assessment or inventory survey found no historic properties. Thus, they believe that "no historic properties will be affected" by this undertaking." 31. Department of Health (January 14, 2000 Letter): -5- "The Health Department found no environmental health concerns with regulatory implications in the submittals." 32. Land Use Commission (December 29, 1999 Letter): "We acknowledge receipt of your May 25, 2004 memorandum regarding the above subject application. Given the location, scope, and nature of the proposed activity, the State Land Use Commission defers to the judgment of the County of Hawaii in this matter. We have no further comments to offer at this time." 33. Fire Department : (See Exhibit B —June 3, 2004 Memo) 34. Department of Public Works: See Exhibit C — July 9, 2004 Memo) 35. Department of Water Supply: (See Exhibit D —June 28, 2004 Memo) 36. Department of Land and Natural Resources -Historic Preservation Division: (See Exhibit E — July 7, 2004 Letter) AGENCIES - NO COMMENTS 37. Department of Education AGENCIES - NO RESPONSE 38. Department of Parks and Recreation, Office of Housing and Community Development, Department of Transportation, NRCS and Kona Traffic Safety. APPLICANT'S RESPONSE LETTERS 39. The applicant has submitted several response letters to comment letters received. (See Exhibit F — June 14, June 18 & July 18 2004 Letters) PUBLIC COMMENTS 40. The Department has not received any written comments or objections from the general public or adjacent landowners on the subject applications. 'lam May 18, 2004 Mr. Christopher Yuen Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 MOOERS ENTERPRISES, LLC P.O. BOX 1 101 KAMUELA, HAWAII 96743 Re: CHANGE OF ZONE REQUEST RECLASSIFICATION FROM AGRICULTURAL 5 -ACRES TO RESIDENTIAL 20,000 S.F. PETITIONER: LILIAN E. MAHI TAX MAP KEY (3) 7-3-011:068 Dear Mr Yuen: Mrs. Lilian Mahi, the applicant and co-owner of the subject property, had previously filed the applications identified above. She then notified me that her three children were also listed on the deed as owners of the subject property. I requested authorization from them to process the applications. Please find enclosed a letter from Lilian's three children authorizing me to process the change of zone and the subdivision for the subject property on their behalf. I believe you now have a complete submittal based on the requirements of the Zoning Code. If you or your staff require additional information or have any questions, please contact me directly. Sincerely, G�olGrego Mooers President GRM:jy enclosure PHONE: (808) 885-6839 FAx: (808) 885-1574 EMAIL: GMOOERS@HAWAII.RR.COM May 9, 2004 Mr. Greg Mooers Moores Enterprises, LLC Kamuela, Hawaii Re: TMK: 7-3-11-68 Dear Greg Mooers: In regards to the application filed to the County of Hawaii for rezoning and subdivision of the above referenced property, the undersigned do give their permission and authorization. H. Castillon (Mahi) /John M. Mahi, Jr. April 30, 2004 Mr. Christopher Yuen Director, Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 MOOERS ENTERPRISES, LLC P.O. Box 1 1 O 1 KAMUELA, HAWAII 96743 Re: CHANGE OF ZONE REQUEST RECLASSIFICATION FROM AGRICULTURAL 5 -ACRES TO RESIDENTIAL 20,000 S.F. PETITIONER: LILLIAN E. MAHI TAX MAP KEY (3) 7-3-011:068 Dear Mr. Yuen: Please find enclosed the original and twenty (20) copies of the completed application booklet for the above noted property. Each application booklet contains: a. a copy of the completed application form, b. a completed departmental questionnaire, c. a detailed explanation of the reasons for requesting the change of zone, d. a County Background and Environmental Report. e. a location map and site plan drawn to scale, and In addition I have enclosed a full size (2'x3') site plan for presentation purposes, a legal property description in metes and bounds form, a list of property owners within 500' of the subject property, a Real Property Tax Clearance form, a check in the amount of $775 ($200 for the State Land Use Boundary Amendment and $500 + $25 per lot for the Change of Zone processing fee). I believe this is a complete submittal based on the requirements of the Zoning Code. If you or your staff require additional information or have any questions, please contact me directly. Smoerly, AA _ Grego . Mooers President GRMjy enclosures PHONE: (808) 885-6839 FAX (808) 885-1574 EMAIL: GMOOERS@HAWAII.RR.COM CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Lilian Matti APPLICAN'T'S SIGNATURE: Cc as ' zL �ic DATE y12 g ADDRESS: 73-1236 Mabilann Drive Kailua-Kona, Hawaii 96740 LIST APPLICANT'S INTEREST IF NOT OWNER: Owner LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE (Bus. LANDOWNER(S): Lilian Mahn 325-5553 LANDOWNER SIGNATURE(S): T DATE: (May be by letter)( LANDOWNER(S) ADDRESS: Same as above. REQUEST: Agricutural 5 -acres (A -5a) To Residential 20,000 sf (RS -20) (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) 7-3-1168 STREET ADDRESS OF PROPERTY: 73-1236 Mahilani Drive SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 1.8628 acres AGENT: Gregory R. Mooers ADDRESS: Mooers Enterprises, LLC P.O. Box 1101 Kamuela, Hawaii 96743 TELEPHONE: (Bus.) 8856839 (Res.)885-7126 (Fax)885-1574 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Gregory Mooers COPIES: Lilian Mahn (See Instructions on Reverse Side) ATTACHMENT Residential Rezoning I 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. How many acres of the requested area do you intend to subdivide? 1.8628 b. Into what lot sizes? 20,000 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? 30 days d. Do you intend to build houses on the newly created lots? yes if yes, please answer the following questions: on how many of those lots? 2 At what approximate price range? House not for Lots sale Total 0 Approximately how long, after approval of the subdivision, would the first house be available for occupancy? 1 year 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 ae plans? d. Keep it? e. other (please state) If you intend to do either a, b, or c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. ?, Do You think that your request and your further plans for the land will alleviate the local housing situation? Yes How? The proposed action will create two additional house lots for use as single-family residences. Are there any buildings on the subject area? Yes If so, what kind? A single-family residence, an agricultural storage building and two sheds, see site plan. what do you intend to do with those buildings if your request is approved? will remain. -2- Is the subject land currently being used for any agricultural activity? No If so, please list the kinds of products grown and on how many square feet or acres of land per product. 6• To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. 7• Do you think that the roads leading to the subject area needs improvement? No If so, what kind? Is the road adequate for the proposed traffic volume or load? Yes 3• What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? a. Schools b. Roads Sewer d. Drainage e. police Protection -3- yes Nn I Yes 1n f. Fire Protection X g. Recreational Facilities X h. Public Utilities X other For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. Signature:;QQy. v Address: 73-1236 Mahilani Place Kailua-Kona, Fn Telephone: 325-5553 Date: y/) I/Yo 6337A/50A -9 P.D. 5/84 u4(28(2004 10:06 [carry Kim Mayor 327-3"' REAL PROP. KOP PAGE 01 William Takaba Finance Daccior Nancy E. Crawford - -Dc UCY Director County of Hawaii DEPARTMENT OF FINANCE - REAL PROPERTY TAX 101 Pauahi Street . Suite 4 . Hilo, Hawaii 96720-4679 • Fex (808) 961-8415 Appraisers (808) 96)-6354 • Clerical (808) 961-8201 • Collections (809) 961-8282 75-5706 Kuakin i Highway s Suite 112 . Kadua-Kona, Hawaii 96740 • Fax (808) 327-3538 Appraisers (808) 327.3542 . Clerical (808) 327-3540 REAL PROPERTY TAX CLEARANCE April 28, 2004 TMK No. (3) 7-3-011-068-0000 This is to certify that LILLIAN MAI -11 (owner of record) their real property taxes due to the County of Hawaii Real Property "fax Division on the parcel(s) listed above are paid for the 2003 tax year upto June 30, 2004. This clearance was requested by GREG MOORES for the County of Hawaii Planning Department and is issued for this parcel only. Ref: TX09 and AAl l-FY2003 V KC Maxine Cutler, Kona Tax Clerk REAL PROPERTY TAX DIVISION brand tax transmittal memo 7;77 Mof pages . MOOERS ENTERPRISES, LLC P.O. Box 1 i o 1 KAMUELA, HAWAII 96743 STATE LAND USE BOUNDARY AMENDMENT: FROM AGRICULTURAL TO URBAN CHANGE OF ZONE: FROM AGRICULTURAL 5 -ACRE TO RESIDENTIAL 20,000 S.F. Applicant: Lilian E. Mahi Tax Map Key: (3) 7-3-011:068 Kalaoa 1St and 2nd, North Kona, Hawaii Submitted by: Mooers Enterprises, LLC April 2004 PHONE: (808) 885-6839 FAX: (808) 885-1574 EMAIL: GMOOERS@HAWAII.RR.COM STATE LAND USE BOUNDARY AMENDMENT APPLICATION (15 ACRES OR LESS) PLANNING DEPARTMENT (Type or legibly print the requested information) PETITIONER: Lilian Mahi PETITIONER'S SIGNA ADDRESS: 73-1236 Mahilani Drive Kailua-Kana, Hawaii 96740 PETITIONER'S INTEREST IF NOT OWNER: Owner TELEPHONE: (Bus.) LANDOWNER(S): Lilian Mahi (Res.) 325-5553 TE: (Fax) LANDOWNER SIGNATURE(S):DATE: ADDRESS: Same as above (May be by letter) TAX MAP KEY: (3) 7-3-011:068 STREET ADDRESS OF PROPERTY: 73-1236 Mahilani Drive ZONING: Agricultural 5 -acres SIZE OF PROPERTY: 1.8628 acres CURRENT STATE LAND USE DISTRICT CLASSIFICATION: Agricultural REQUESTED STATE LAND USE DISTRICT CLASSIFICATION. Residential AGENT: Gregory R. Mooers ADDRESS:Mooers Fntemrises TIC' Hawaii 96743 TELEPHONE: (Bus.) 885-6839 (Res) 885-7126 (Fax) 885-1574 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Gregory Mooers COPIES: Lilian Mahi (See Instructions on Reverse Side) CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Lilian Main APPLICANT'S SIGNATURE: ADDRESS: 73-1236 Maltilani Drive Kailua-Kona, Hawaii 96740 LIST APPLICANT'S INTEREST IF NOT OWNER: Owner LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus. LANDOWNER(S): Lilian Mahi LANDOWNER (Res.) 325-5553 May be by LANDOWNER(S) ADDRESS: Same as above. DATE: DATE: REQUEST: Agricutural 5 -acres (A -5a) To Residential 20,000 sf (RS -20) (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) 7-3-11:68 STREET ADDRESS OF PROPERTY: 73-1236 Mahilani Drive SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 1.8628 acres AGENT: Gregory R. Mooers ADDRESS: Mooers Enterprises, LLC P.O. Box 1101 Kamuela, Hawaii 96743 TELEPHONE: (Bus.) 885-6839 (Res.)885-7126 (Fax)885-1574 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Gregory Mooers COPIES: LilianMahi (See Instructions on Reverse Side) ATTACHMENT Residential 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 quesfion 3. a. How many acres of the requested area do you intend to subdivide? 1.8628 b. Into what lot sizes? 20,000 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? 30 days 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? yes 7 At what approximate price range? House not for Lots sale Total 0 Approximately how long, after approval of the subdivision, would the first house be available for occupancy? year 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 ae plans? d. Keep it? e. other (please state) 1• If you intend to do either a, b, or c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do You think that your request and your further plans for the land will alleviate the local housing situation? Yes How? The proposed action will create two additional house lots for use as single-family residences. 4. Are there any buildings on the subject area? Yes If so, what kind? A single-family residence, an agricultural storage building and two sheds, see site plan. what do you intend to do with those buildings if your request is approved? will remain. -2- 5 Is the subject land currently being used for any agricultural activity? No If so, please list the kinds of products grown and on how many square feet or acres of land per product. 6• To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. 7• Do you think that the roads leading to the subject area needs improvement? No If so, what kind? Is the road adequate for the proposed traffic volume or load? Yes 8• What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? yes a. Schools X b• Roads X Sewer X d. Drainage X e. police Protection X -3- Yes no f. Fire Protection X g. Recreational Facilities X h, Public Utilities X I other For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. Signature: C V Address: 73-1236 Mahilani Place Kailua-Kona, M Telephone: 325-5553 Date: 6337A/50A P.D. 5/84 TABLE OF CONTENTS STATE LAND USE BOUNDARY AMENDMENT APPLICATION CHANGE OF ZONE APPLICATION CHANGE OF ZONE QUESTIONNAIRE TABLE OF CONTENTS I. INTRODUCTION Page I A. GENERAL INFORMATION ............................................. 2 B. SUBJECT REQUEST/PROPOSED DEVELOPMENT .............. 2 II. CONFORMANCE WITH STATE AND COUNTY PLANS A. State Land Use Laws ........................................................ 2 B. Applicable Goals/Policies and Objectives of the General Plan........ 3 C. General Plan Designation................................................... 5 D. County Zoning Code. . ....... 5 E. Keahole to Kailua Development Plan ....................................... 5 F. Special Management Area ................................................... 6 G. Chapter 205A: Coastal Zone Management Act ........................... 6 H. Mountain Access. 6 III. PHYSICAL CHARACTERISTICS & ENVIRONMENTAL SETTING Physical Characteristics and Environmental Setting ........................ 6 Historic Resources................................................................ 8 Cultural Resources................................................................. 8 Natural Resources (Flora -1 auna)................................................ 8 Social -Economic Characteristics_.............................................. 9 Surrounding Lands.................................................................. 9 IV. PUBLIC FACILITIES AND UTILITIES A. Access.......................................................................... 10 B. Water Service. ...... ....... ................................................ 10 C. Utilities........................................................................ 10 D. Wastewater Disposal......................................................... 10 E. Police Services. ........................................ ....................... 10 F. Fire Services..................................................................... 10 G. Public Recreation............................................................... 10 H. Schools........................................................................... 10 V. ENVIRONMENTAL ASSESSMENT AND ANALYSIS A. Relationship between local short term uses of environment and maintenance and enhancement of long term productivity: ................. ... -... 10 B. Mitigative measures proposed to avoid, minimize, rectify or reduce impact: ............ ................................ ......................... 11 A. Alternatives to the proposed development: ..... ............. .... 11 i B. Irreversible and irretrievable commitments of natural resources that would be involved if the proposed action is implemented :................... ......... 1 I VI. PROPOSED FINDINGS... .............. .......... 11 VII. EXHIBITS A. Botanical Reconnaissance B. Archaeological Assessment Letter C. Location/Vicinity Maps D. Change of Zone Exhibit E. Site Photographs ii BACKGROUND AND COUNTY ENVIRONMENTAL REPORT STATE LAND USE BOUNDARY AMENDMENT: FROM AGRICULTURAL TO URBAN CHANGE OF ZONE: AGRICULTURAL 5 -ACRE TO RESIDENTIAL 20,000 S.F. Tax Map Key: (3) 7-3-011:068 Kalaoa 1" and 2nd, North Kona, Hawaii Applicant: Lilian E. Mahi The applicant, Lilian E. Mahi, is seeking a State Land Use Boundary Amendment from Agricultural to Urban and a Change of Zone from Agricultural 5 -acre (A -5a) to Residential 20,000 s.f (RS -20) for a 1.8629 acre parcel located at Kalaoa I" and 2nd, North Kona, Hawaii, Tax Map Key (3) 7-3-011:068. This request is made to allow the subsequent subdivision of the property into three 20,000 s.f+ residential lots with related improvements. The applicant will be providing these lots to her three children, Michelle H. Mahi Castillon, Deborah A. Mahi Laga and John M. Mahi, Jr. L INTRODUCTION A. GENERAL INFORMATION: The subject property is Tax Map Key 7-3-011:068. This parcel is owned in fee by the applicant, Lilian E. Mahi. B. SUBJECT REQUEST/PROPOSED DEVELOPMENT: 1. The applicant is proposing to redistrict a 1.8629 acre parcel from Agricultural to Urban and rezone it from Agricultural 5 -acre (A -5a) to Residential 20,000 s.f. (RS -20) to allow the subdivision of the property into 3 Residential lots in conformance with the new zoning designation for her children's use. 2 The site presently has a single family dwelling, a storage building and two small sheds. 3. The 1.8629 acre lot is a roughly rectangular shaped lot located between Mamalahoa Highway to the east, Kona Highlands Subdivision to the west, Mahialani Drive to the north and Kona Coastview and Wonderview subdivisons to the south. Please see the location map and rezoning exhibit in the exhibits. 4. Access to proposed Lots B-1 and B-2 is from Mahilani Drive a County owned and maintained street. Access to the proposed Lot B-3 is from Mamalahoa Highway, a State owned and maintained highway. See the change of zone exhibit for the regional roadway alignment. 5. Utilities are provided to each of the proposed 3 lots from the area's existing infrastructure. 6. There will be restrictive covenants developed for the subdivision that will prohibit ohana dwellings to preserve the single-family residential -agricultural ambience of the area. II. CONFORMANCE WITH STATE AND COUNTY PLANS: A. STATE LAND USE DESIGNATION: The State Land Use District Classification of the subject parcel is Agricultural. Part of this application is to change this designation to Urban, the proposed use is consistent with this classification. B. GOALS/POLICIES AND OBJECTIVES OF THE GENERAL PLAN: ECONOMIC GOALS • Provide residents with opportunities to improve their quality of life. • Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. • The County of Hawaii shall strive for diversity and stability in its economic system. • The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. POLICIES • The County of Hawaii shall strive for an economic climate which provides its residents an opportunity for choice of occupation. • The County shall strive for full employment. LAND USE Through the careful analysis and examination of past and present situations, the following goals, policies, and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. GOALS • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. POLICIES • Zone urban- and rural- types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Promote and encourage the rehabilitation and use of urban and rural areas 3 which are serviced by basic community facilities and utilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. • The County shall develop, in cooperation with community residents, community development or regional plans for all of the districts or combinations of districts and shall periodically review and amend these documents as necessary or as mandated. STANDARDS • 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. • Zoning may be recommended on an incremental basis depending upon construction schedule, development of supporting services and facilities, and other pertinent factors bearing upon the performance of the petitioner. (5) SINGLE-FAMILY RESIDENTIAL Through careful examination and analysis of the present situation, the following goals, policies, and standards are set forth to guide the orderly development of single-family residential areas in the interest of the residents of the County of Hawaii. GOALS • To maximize choices of single-family residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single-family 4 residential zoned areas. • To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces. C. GENERAL PLAN DESIGNATION: The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non -urban form for areas within the County. The subject property is designated as Urban Expansion Area, The Urban Expansion Areas allow for a mix of high density, medium density, low density, industrial and/or open designations in areas where new settlements may be desirable, but where specific settlement pattern and mix of uses have not yet been determined. The application to create a low-density residential project is consistent with the urban form depicted on the LUPAG Map for this area of North Kona. D. COUNTY ZONING CODE: The zoning for these parcels is Agricultural 5 -acre (A -5a). Part of this request is to change the zone of the property to Residential 20,000 s.f (RS -20) to be consistent with the surrounding residential subdivisions. E. KEAHOLE TO KAILUA DEVELOPMENT PLAN: The subject property is identified as Residential Expansion in the "K to K" Development Plan. The proposed use is consistent with this plan. 5 F. SPECIAL MANAGEMENT AREA: The subject property is not located within the County's Special Management Area (SMA), and as such does not require a SMA permit. G. CHAPTER 205A: COASTAL ZONE MANAGEMENT ACT: The subject property is located over five miles from the shoreline surrounded by a regional roadway system and residential subdivisions. The proposed use of the subject property will not negatively impact recreational resources, visual resources to or from the shoreline, including access to and along the shoreline or coastal ecosystems. Therefore no scenic or open space resources to the shoreline coastal view plane or coastal ecosystem will be negatively impacted by the proposed action. H. MOUNTAIN ACCESS: The subject property is surrounded by the regional roadway system and residential subdivisions. The property is not used for access to the mountains or any mountain feature, therefore no public access to these areas will be impacted by the proposed action. III. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING Physical Characteristics/Environmental Setting: A. The 1.8629 acre lot is a roughly rectangular shaped lot located between Mamalahoa Highway to the east, Kona Highlands Subdivision to the west, Mahialani Drive to the north and Kona Coastview and Wonderview subdivisons to the south. Please see the location map and rezoning exhibit in the exhibits. B. The property's western boundary is approximately 384 feet in length, the eastern boundary is approximately 393 feet along Mamalahoa Highway, the northern boundary is approximately 155 feet and the distance along the southern boundary is approximately 260 feet. N C. The subject property's approximate elevation is 1750 feet on the top of the property at its eastern boundary. D. Annual rainfall for the area is approximately 40 inches according to An Inventory of Basic Water Resources Data: Island of Hawaii, published by the Department of Land and Natural Resources. E. The site slopes from its eastern (mauka) boundary down to the western (makai) boundary at a grade between 6 and 20%. F. The site presently has a single-family residence, a storage building and two sheds. G. The U. S. Geological Survey has categorized the island into nine zones of comparative hazard rates from lava flows, with Zone 1 being the highest and Zone 9, the lowest severity of hazard. The U. S. Geological Survey designates the subject property as Lava Hazard Zone 4, about 5% of this area has been covered by lava since 1800 and less than 15% of this area has been covered by lava in the last 750 years. This area covers all of Hualalai, where the frequency of eruptions is lower than on Kilauea and Mauna Loa. Flows typically cover large areas. H. The site is located approximately 5.5 miles from the ocean at Keahole Point. I. The State Department of Agriculture's Agricultural Lands of Importance to the State of Hawaii (ALISH) has no classification for this property. J. The U.S.D.A. Natural Resources Conservation Services Soil Survey Report classifies the soil type as the Punaluu soil series. It is Punaluu extremely rocky peat. This soil type is characterized by rapid permeability, slow runoff and slight erosion hazard. In a representative profile, the surface layer is black peat about four (4) inches thick. It is underlain by pahoehoe lava bedrock. This soil type is typically used for pasture. The Soil Conservation Service categorize this soil type as a Capability subclass VII'S, non- irrigated, which are typified as having severe limitations and being unsuitable for cultivation. K The Land Study Bureau's overall master productivity rating system classifies the soil as Class "E" or Very Poor. L. According to the Flood Insurance Rate Map (FIRM) prepared by the FEMA, the property is in Zone "X", an area outside the 500 -year flood plain. 7 M.. The applicants will abide by all applicable County guidelines for run-off generated by the development. All improvements must comply with Chapter 27 of the County Code relating to Flood Hazard Control. Historic Resources: An archaeological assessment has been conducted for the project area by Rechtman Consulting as part of this change of zone process. On behalf of the applicant Dr. Rechtman has filed a letter with the State Historic Preservation Division (SHPD) requesting a "no -effect" letter. Please see the exhibits for a copy of this request. Dr. Rechtman noted that there were no archaeological resources observed on the subject property. The applicant will comply with all provisions of SHPD's determination. Cultural Resources: No valued cultural, historical or natural resources exist on the subject property and no gathering is taking place. 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 those rights. Natural Resources (Flora -Fauna): Dr. Ron Terry conducted a botanical reconnaissance of the subject property, in March of 2004. His conclusion was `No rare, threatened or endangered species as listed by the U.S. Fish and Wildlife Service was observed on or near the property, which is basically already developed the site in its developed condition does not represent suitable habitat for threatened or endangered plant or animal species, and further subdivision and development is unlikely to adversely affect such species. No mitigation measures are required, but we do recommend that current and future owners consider landscaping that incorporates native species such as 'ohi'a, lama, alahe'e which are attractive and hardy.. " Please see Dr. Terry's review in the exhibits for a plants list and further discussion of the flora and fauna on the project site. The site has been grubbed and developed for residential uses. 0 Social -Economic Characteristics: A. Social settlement pattern for the area: The population of Kona has grown steadily since 1965 as a result of the expanding visitor industry in West Hawaii, which has a large and growing share of the visitors to the island and consequently the de facto population is larger than the census might indicate. At any given time, up to one- fourth of those present in Kona are visitors. The ethnic composition of the Kalaoa area at the time of the 2000 U.S. Census was as follows: Caucasian: 49.3 %; Hawaiian: 10.3 %, Asian: 13.4%, two or more races 25.3%. This distribution illustrates a multicultural community with no distinct minority groups. B. Economic resources of the area: The property is within the area identified as urban expansion in the Hawaii County General Plan and the Keahole to Kailua Development Plan. The properties surrounding the area have a mixture of uses, with primarily residential and some agricultural zoning. A number of residential subdivisions are present in the immediate area of the property. Kona Coastview, Wonderview and Kona Highlands are examples of adjacent residential subdivisions. C Land Values: According to Realtors in this area, 20,000 s.f residential lots in this immediate area sell for $200,000 to $250,000. Surrounding Lands: Land Use/Zoning: The property to the north is zoned RS -10, to the south A -5a although there are many non -conforming 7,5000 s.f lots. To the west are non -conforming 8,000 s.f lots and to the east are A -1a and A -20a parcels above Mamalahoa Highway. 9 IV. PUBLIC FACILITIES AND SERVICES A. Access to proposed Lots B-1 and B-2 is from Mahilam Drive, a County owned and maintained street. Access to the proposed Lot B-3 is from Mamalahoa Highway, a State owned and maintained highway. See the change of zone exhibit for the regional roadway alignment. B. Water is available to the site from the existing Department of Water Supply system on Mamalahoa Highway. The DWS policy for this area is up to six additional units per lot of record with a change of zone. C. Utilities will be provided to each of the proposed 3 lots from the area's existing infrastructure. D. As there is no municipal system in this area, sewage will be disposed of via individual wastewater treatment systems approved by the State Department of Health. E. The nearest police station is located at Kealakehe, approximately seven miles from the project site. F. There is a fire station at the intersection of Palani Road and the Queen Kaahumanu Highway, approximately 7 miles from the site. There is a proposed fire station in the Kalaoa area that will provide service to this site in the future. G. The nearest recreation facility is the Old Airport park approximately eight miles from the project site. H. The nearest public schools are located in Kealakehe, approximately five miles from the subject property. V. ENVIRONMENTAL ASSESSMENT AND ANALYSIS A. Relationship between local short term uses of environment and maintenance and enhancement of long term productivity: In terms of the relationship between short- term use of man's environment and the maintenance and enhancement of long-term productivity, no short-term exploitation of resources that would entail negative long- term consequences has been identified for the proposed action. 10 B. Mitigative measures proposed to avoid, minimize, rectify or reduce impact: All construction on the site will comply with all governmental regulatory controls to mitigate noise and dust during the construction period. All structures and infrastructure improvements constructed will comply with all federal, state and county requirements. All important cultural, historical and natural resources will be treated in accordance with agency requirements. C. Alternatives to the proposed development: One alternative to the proposed action would be to leave the parcel as a non -conforming A -5a lot. This would not allow the development of the proposed 3 lots for the applicant's children in this heavily urbanized and desirable area of North Kona. It would also not increase the real property tax base as the proposed action would. D. Irreversible and irretrievable commitments of natural resources that would be involved if proposed action is implemented: The construction of 2 additional single- family residential lots and homes would involve the irreversible and irretrievable commitment of only negligible quantities of natural resources. The conditions applied to this request would help insure the protection of the natural and cultural resources on the property. VII. PROPOSED FINDINGS Given the conformance with all established State and County goals, policies and plans; the physical characteristics of the site and surrounding area; the present zoning and uses of the surrounding area; the minimal impact on public facilities and services; the minimal impact on the environment; the applicant requests a favorable consideration of these boundary amendment and change of zone applications. VII. EXHIBITS A. Botanical Reconnaissance B. Archaeological Assessment Letter C. Location/Vicinity Maps D. Change of Zone Exhibit E. Site Photographs EXHIBIT A Botanical Reconnaissance BOTANICAL RECONNAISSANCE, TMK 7-3-11-68, HAMANAMANA, KONA, ISLAND OF HA WAI I By Ron Terry, Ph.D. and Layne Yoshida, B.A. Geometrician Associates, LLC March 2004 Introduction This report describes the results of a botanical reconnaissance of a 1.86 -acre property that is located makai of Mamalahoa Highway in Hamanamana, North Kona, and is planned for subdivision and development. Purpose and Methodology The objectives of the survey were to: 1) describe the vegetation; 2) list all plant species encountered; 3) identify threatened or endangered species, if any; and 4) assess the value of the parcel for conservation of rare, threatened or endangered native plant and vertebrate species. The area was surveyed on foot by L. Yoshida and R. Terry in March 2004. All portions of the proposed project area were surveyed. Species were identified in the field and, as necessary, collected and keyed out in the laboratory. Special attention was given to the possible presence of any federally (USFWS 2000) listed endangered plant or animal species. Results Based on rainfall, geologic substrate, and existing vegetation, prior to human disturbance, the general area probably supported a Lowland Dry-Mesic Forest (Gagne and Cuddihy 1990), with `ohi`a (Metrosideros polymorpha), lama (Diospyros sandwicensis) and alahe`e (Psydrax odoratum) as dominants. Coffee farming and perhaps other activities have extensively transformed the vegetation, although traces of the original structure remain in certain locations. The Mahi property is currently in active use as a housesite and a yard that is used for recreation, household task and growing ornamentals. The vegetation is, unsurprisingly, mostly alien, as shown in Table 1. Some are ornamentals, and are unlikely to spread far from or persist unaided long in their present positions. Typical examples are plumeria (Plumeria sp.), pink tecoma treee (Tabebuia pentaphylla), and mango (Mangifera indica). Weedier elements include Christmas berry (Schinus terebinthifolius), octopus tree (Schefflera actinophylla), guinea grass (Panicum maximum), air plant (Kalanchoe pinnata), sourbush (Pluchea symphitifolia) and comb hyptis (Hyptis pectinata), which are present in similar locations in Kona. Table 1 Plant 5 ecies Observed on Site Scientific Name Family Common Name I Life Form Status* DICOTS Man i era indica Anacardiaceae Mango Tree A Schinus terebinthi olius ae Christmas Berry Shrub A Plumeria s . e *Araliaceae Plumeria Shrub A Panax s . (2 ornamentals) Panax Shrubs A Sche era actino h !la Octopus Tree Tree A Gom horcarus physocarpus Ascle iadaceae Balloon Plant Herb A A eratum con zoldes Asteraceae Ageratum Herb A Bidens ilosa Asteraceae Beggar tick Herb A Con za bonariensis Asteraceae Hairy Horseweed Herb A Emilia sonchi olia Asteraceae Red Pualele Herb A Erecthtites hieraci olia Asteraceae Nodeweed Herb A Galinso a arvi ora Asteraceae Galinso a Herb A Pluchea s m h ti olio Asteraceae Fleabane Herb A Senecio mikanioides Asteraceae German I Herb / V ne A Senecio mada ascarlensis Asteraceae Fireweed Herb A Taraxacum o rcinale Asteraceae Dandelion Herb A Wedelia trilobata Asteraceae Wedelia Herb A Im atiens sultani Balsaminaceae Impatiens Herbs A Jacaranda mimosi olio Bi noniaceae Jacaranda Tree A S athodea com anulata Bi noniaceae African Tulip Tree A Tabebuia enta hylla Bi noniaceae Pink Tecoma Tree A D maria cordata Caryo h llaceae Pi ili Herb A Silene gallica Ca o h llaceae Catchfly Herb A I omea indica Convolvulaceae Morning Glo Vine I / omeaobscura Convolvulaceae Morning Glory Vine A Kalanchoe innata Crassulaceae Airplant Herb A Momordica charantia Cucurbitaceae Balsam Pear Vine A Chamaes cc hirta Euphorbiaceae Sure Herb A Codiaeum varie atum Euphorbiaceae Croton Shrub A Euphobia aff. anti uorum. Eu horbiaceae Sure Tree Shrub A Crotalaria mucronata Fabaceae Rattlebox Herb A Desmodium sandwicene Fabaceae Desmodium Herb A Desmodium uncinatum Fabaceae S apish Clover Herb A GI cine wi Ina Fabaceae NONE Herb A I,di oera sufruticosa Fabaceae Indio Herb A Medica o s . Fabaceae Medica o Herb A H tis pectinala Lamiaceae Comb H tis Herb A Buddleia asiatica Lo aniaceae Buddleia Shrub A Persea americana Lauraceae I Avocado Tree A Malvastrum coromandelianum Malvaceae Malvastrum Herb A Ficus microcar . Moraceae Ban an Tree A Metrosideros polymor ha Myrtaceae 'Ohi'a Tree I A = alien, E = endemic, I = indigenous, End = Federal and State listed Endangered Species Despite the heavy infestation by alien species, a few native plant species are present, whether as remnants of the original vegetation that were never removed, deliberate introductions, or as volunteers. These include 'ohi'a (Metrosideros polymorpha) and TABLE 1, CONT'D Psidium guajava Myrtaceae Guava Tree A Bougainvillea s . N cta inaceae Bougainvillea Shrub/ Vine A Oxalis corniculata Oxalidaceae Wood Sorrel Herb A Oxalis corymbosa Oxalidaceae Wood Sorrel Herb A Plantago lanceolata Plantaginaceae Narrow-leaved Plantain Herb A Polygonum s . Polygonaceae NONE Herb A Portu/aca oleracea Portulacaeae Pi weed Herb A Grevillea robusta Proteaceae Silver Oak Tree A Macadamia s . Proteaceae Macadamia Tree A Eriobotryajaponica Rosaceae Lo uat Tree A Borreria laevis I Rubiaceae Buttonweed Herb A Citrus sinensis Rutaceae Common Oran e Shrub A Dodonaea viscosa Sa indaceae A'ali'i Shrub I Verbascum s . Scro hulariaceae Mullein Herb A Ph Balis eruviana Solanaceae Poha Shrub A Solanum ni rum Solanaceae Popolo Shrub A Solanum aff.pseudocapsicum Solonaceae Jerusalem Cherry Shrub A Tro aeolums . Tro aeolaceae Nasturtium Vine A Verbena litoralis Verbenaceae Verbena Herb A MONOCOTS CordylineLruticosa A avaceae Ki Shrub A Crinum spp. 0 1 Amar llidaceae Crinum Herbs A S n onium a. aurtium. I Araceae S n onium Vine A Cocos nuciera I Aracariaceae Coconut Tree A Commelina di fusa I Commelinaceae Honohono Herb A Rhoeo s athacea I Commelinaceae Oster Plant Herb A Aloe vera I Lilliaceae Aloe Herb A s . Lilliaceae Asparagus Herb A -Asparagus Pleomele ra rans Lilliaceae Dracena Shrub A E idendrum s2. Orchidaceae E idendrum Herb A Di ilaria s . Poaceae Crabgrass Herb A Eleusine indica Poaceae Wire ass Herb A Era rostis tenella Poaceae Love ass Herb A Melinis minuti ora Poaceae Molasses Grass Herb A Panicum maximum Poaceae Guinea Grass Herb A Pas alum con'u alum Poaceae Hilo Grass Herb A Pennisetum pu2ureum Poaceae Napier Grass Herb A Pennisetum setaceum Poaceae Fountain Grass Herb A Rh nchel Crum re ens Poaceae Natal Redtop Herb A S orobolus a ricanus Poaceae Smutgrass Herb A FERNS AND FERN ALLIES Dryo teris dentala Pol odiaceae Oak Fern Herb A Ne hrolepis exaltata Polypodiaceae Sword Fern Herb I A = alien, E = endemic, I = indigenous, End = Federal and State listed Endangered Species Despite the heavy infestation by alien species, a few native plant species are present, whether as remnants of the original vegetation that were never removed, deliberate introductions, or as volunteers. These include 'ohi'a (Metrosideros polymorpha) and morning glory (Ipomoea indica). An unusual find was a juvenile a'ali'i (Dodonea viscosa) which had emerged in the middle of a tilled garden. Impacts and Mitigation Measures No rare, threatened or endangered species as listed by the U.S. Fish and Wildlife Service was observed on or near the property, which is basically already developed. The site in its developed condition does not represent suitable habitat for threatened or endangered plant or animal species, and further subdivision and development is unlikely to adversely affect such species. No mitigation measures are required, but we do recommend that current and future owners consider landscaping that incorporates native species such as Iohi'a, lama (Diospyros sandwicensis), alahe'e (Psydrax odoratum), which are attractive and hardy. Literature Cited Gagne, W., and L. Cuddihy. 1990. "Vegetation," pp. 45-114 in W.L. Wagner, D.R. Herbst, and S.H. Sohmer, eds., Manual of the Flowering Plants ofHawai `i. 2 vols. Honolulu: University of Hawaii Press. U.S. Fish and Wildlife Service (USFWS). Threatened and endangered plants in Hawai `i. Washington: GPO. EXHIBIT B Archaeological Assessment Letter RECHTMAN CONSUL.TING9 LLC HC 1 Box 4149 Kea`au; Hawaii 96749 phone: (808) 966.7636`toll-free fax: (800)406-2665 e-mail: bobgechtmanconsulting.com ARCHAEOLOGICAL, CULTURAL, AND HISTORICAL STUDIES April 22, 2004 RC -0234 Jeannie Knapp Assistant Hawaii Island Archaeologist DLNR-SHPD 74-383 Kealakehe Parkway Kailua-Kona, HI 96740 Dear Jeannie: On behalf of our client, Lillian Mahi, Rechtman Consulting, LLC has prepared this request for determination of "no historic properties affected" associated with the subdivision of a roughly 1.86 acre residential parcel known as TMK:3-7-3-11:68, in Kalaoa Ahupua`a, North Kona District, Island of Hawaii (Figure 1). The parcel is situated on the makai side of Mamalahoa Highway at the intersection with Mahilani Street, at an elevation of about 1750 feet above sea level (Figure 2). The northern half of the study parcel is currently a fully graded but undeveloped field (Figure 3), and the southern half of the parcel is developed with a multi -structure residential compound (Figure 4). The parcel is a portion of Grant 3027 issued in 1866 to Heueu (perhaps this is a typographical error and the grantee was Hueu, see discussion below). The Cordy et al. (1991) study of nearby Kaloko Ahupua`a provides a useful archaeological and culture -historical model that is relevant for the current study area. The project parcel is elevationally at the upper boundary of what Cordy et al. (1991) defined as the Upland Zone. Their study indicated that "all of the land within this zone above the 1,100 foot elevation had been greatly altered by housing, modern agriculture and ranching activities" (Cordy et al. 1991:409). Cordy et al. (1991:410) characterize historic land use in Kalaoa as part of their Kaloko study. The primary area of upland Mahele awards was between the 800 and 1,200 -foot elevations, above this the lands were farmed in a traditional manner and then later converted to grants used for cash crop farming and cattle ranching. Very few sites were recorded during their 1971 field survey of the upland zone in Kaloko; although they did encounter a Precontact temporary habitation lava tube, and several walled areas. They attributed most of the walls to the post 1850 grant period. Their conclusions relative to large-scale ground disturbance and the limited number of extant archaeological sites were further supported by fieldwork and interview data collected by Barrera (1985). An archaeological inventory survey was conducted on the parcel (Parcel 56) immediately south of the current study parcel, but a final report was never completed. A summary report (Sinoto 1994) however, was prepared and the findings of the inventory survey discussed. The adjacent parcel was heavily bulldozed and only remnant boundary walls were noted. Two historic marked graves were also known to exist on this parcel. An engraved marble plaque (Figure 5) was documented by Sinoto (1994); however only one of the grave platforms was present, the other was reported to have been either destroyed or covered by bulldozer rubble. The names on the plaque are of significant individuals of the area and are likely either descendants of or the original grantees, thus the recorded grantee name Heueu is probably more properly Hueu. On March 18, 2004 Robert B. Rechtman, Ph.D. conducted a field inspection of the study parcel. The property boundaries were clearly evident, as the parcels on the south and makai sides have been developed, Mamalahoa Highway is the mauka boundary, and Mahilani Street is to the north. As mentioned above and as can been seen in Figure 3, the entire northern half of the parcel has been graded and lies at an elevation several meters below the surrounding street levels. The southern half of the parcel has multiple residential structures and extensive landscaping, some of which can be seen in Figure 4. RC -0242 There were no archaeological resources observed on the surface of the parcel and the likelihood of subsurface resources is extremely remote given the extensive grading and existing development of the parcel. Based on these negative findings, on behalf of our client, we are requesting that DLNR-SHPD issue a written determination of "no historic properties affected" in accordance with HAR 13§13-284- 5(b)l. Should you require further information, or wish to visit the parcel, please contact me directly. Respectf 1 ,, Bob Rechtman, Ph.D. Principal Archaeologist References Cited Barrera, W. 1985 Kaloko and Kohanaiki, North Kona, Hawaii: Archaeological Survey. Chiniago, Inc. Report on file at DLNR-SHPD. Cordy, R., J. Tainter, R. Renger, R. Hitchcock 1991 An Ahupua`a Study: The 1971 Archaeological Work at Kaloko Ahupua`a, North Kona, Hawaii. Archaeology at Kaloko-Honokohau National Historical Park. Western Archeological and Conservation Center Publications in Anthropology No. 58 Sinoto, A. 1994 Post -field Summary of the Archaeological Inventory Survey Conducted on the c. 3 acre Parcel in Kalaoa, North Kona, Hawaii; TMK: 7-3-11:56 Aki Sinoto Consulting Letter Report. Prepared for Watchtower Bible and Tract Society of New York, Inc. RC -023 Figure t. Tax Map Key (I MK):3-/-3-i d snowing sway parva kral"i uo/. 3 ! e n� sr''���', r Y♦a �,:} a- J ,;fir¢ O � wo voeR v/Ery } - ••J yY F ry. 2 °au tea Y r'„ � F L i •(4x' _ -'':: � y + '.�Yy' Vii. •Y •V +�a a ♦ is �: 7 f Y Y �j` y (... HY 6 . F• !r � P• Y Y`ll �.VGVai �� Pa� 4 3 v�.. Y �; t Iy ::e • rj e��, Y1 `O Y�'Y, uu• y♦< i. � ,i �i jylj 38i e of �° r -,4`S♦ :.St:°�� z -NP •• _P �V eP ,y"v � w BEd} .Il ° �P• Y 4�. a XI . s, r rd{+� 3 } , � is `,. i I Figure t. Tax Map Key (I MK):3-/-3-i d snowing sway parva kral"i uo/. 3 y i a n� sr''���', r Y♦a �,:} a- J ,;fir¢ - ••J yY SII ?��: � .°s '• ry. 2 °au tea Y r'„ � F - i •(4x' _ -'':: � y + '.�Yy' Vii. +�a a ♦ is �: .,, (... HY 6 . F• !r � P• Y Y`ll �.VGVai �� Pa� 4 3 v�.. Y �; t Iy Figure t. Tax Map Key (I MK):3-/-3-i d snowing sway parva kral"i uo/. 3 y i a n� sr''���', r ' '•"� ('` �,:} a- J ,;fir¢ ^—le •(4x' _ -'':: � y + '.�Yy' Vii. +�a a ♦ is �: .,, (... Y Y`ll �.VGVai �� Pa� 4 3 Y �; °� a Iy ::e • rj e��, Y1 `O Y�'Y, uu• y♦< i. � ,i �i jylj 38i e of �° r -,4`S♦ :.St:°�� z -NP •• _P �V eP ,y"v � I. Om 211y k� G� •.�1• a1 ^/!r0.♦ 's£r! ©f/ .� ♦� •:`. 2� 9• yY. F°+ c ° 8 ' n h i•Pz .r •r 4k o2 .. Es 1V�d eoi'b6 Mr✓9 G9Gf ry9 I ,h Figure t. Tax Map Key (I MK):3-/-3-i d snowing sway parva kral"i uo/. 3 RC -0234 F iguic �. muuy arca wcauun. RC -0242 Figure 3. View to the south of the graded northern half of the parcel. Figure 4. View to the south of a portion of the developed southern half of the parcel. RC -0242 rigure D. rngraveo marine plaque on adjacent parcel (from Sinoto 1994:9). EXHIBIT C LocationNicinity Maps Study area location. "'—'To Komuala £L UNA KA! A OA TRU£ NORTH _ SC.q(E J INCH zqp HAWAII BELT ROAD (F.AP. NO. F-10 (5)) To Koiluo !-3 r A 1V D VICINITY MAP SCALE: 1 INCH — 200 FEET J !y D EXHIBIT D Change of Zone Exhibit ( I 2 z \ \ , � I z \ , >coo . \{ / {� } � I . / \{ / {� } � EXHIBIT E Site Photographs {{ p f ^ tT ? 170" WIT '" 4 r J {{ p f ^ tT ? 77, p MA, h � p T t Q Sol, Harry Kim Ala) O, (!i n 7 ri June 3, 2004 TO FROM y1191 r oiN> Countp of 1w,aYnai`i FIRE DEPARTMENT 25 Aupuni Street • Suite 103 • Hilo, Hawaii 96720 (808)961-8297 • Fax (808) 961-8296 CHRISTOPHER J. YUEN, PLANNING DIRECTOR DESMOND K. WERY, DEPUTY FIRE CHIEF SUBJECT STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 04-007) REQUEST: AGRICULTURAL TO URBAN CHANGE OF ZONE APPLICATION (REZ 04-012) REQUEST: A -5a TO RS -20 APPLICANT: LILLIAN MAHI TAX MAP KEY 7-3-11:68 Fire apparatus access roads shall be in accordance with UFC Section 10.207: "Fire Apparatus Access Roads Darryl J. Oliveira Fire Chief Desmond K. Wery Deyuty Fire Chief "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 may be modified, provided, in the opinion of the chief, fire -fighting or rescue operations would not be impaired. "More than one fire apparatus road may be required when it is determined by the chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. "For high -piled combustible storage, see Section 81.109. "(c) Width. The unobstructed width of a fire apparatus access road shall meet the requirements of the appropriate county jurisdiction. fit,\l co& - EXHIBIT = yt �REo� tlnma"i County is an Equal Opportunity Provider mid Employer. Christopher J. Yuen, Planning Director Page 2 June 3, 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 may be increased when, in the opinion of the chief, vertical clearances or widths are not adequate to provide fire apparatus access. "(f) Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all-weather driving capabilities." (20 tons) "(g) Turning Radius. The turning radius of a fire apparatus access road shall be as approved by the chief." (45 feet) "(h) Turnarounds. All dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. "(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. "Q) 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 -- Deputy Fire Chief NA:lk DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: July 9, 2004 MUD 11O dl� 1 TO Christopher J. Yuen, Planning Director Planning Department FROM Galen M. Kuba, Division Chief �,? Engineering Division SUBJECT Change of Zone Application (REZ 04-012) State Land Use Boundary Amendment Application (SLU 04-007) Applicant: Lillian Mahi Location: Kalaoa, 1" and 2"d, N. Kona, HI TMK: 3 / 7-3-011:068 We reviewed the subject application and our comments are as follows: BUILDING 1. Buildings shall conform to all requirements of code and statutes pertaining to building construction. DRAINAGE 1. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. 2. A drainage study shall be prepared, and the recommended drainage system shall be constructed meeting with the approval of DPW. EARTHWORK 1. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code. 2. The applicant shall comply with chapter 11-55, Water Pollution Control, Hawaii Administrative Rules, Department of Health, which requires an NPDES permit for certain construction activity. ROADWAYS 1. The Hawaii Belt Highway, fronting the subject property, is under the jurisdiction of the Hawaii Department of Transportation (HDOT). Comments and requirements concerning this road should be obtained from the HDOT. EXE!IT Comments to PD REZ 04-012 July 9, 2004 p. 2 of 2 Vehicular access to the individual lots should not be from any major collector or arterial roadways. 3. The applicant shall remove any encroachments or obstructions within the County right-of-way. 4. Mahilani Street, fronting the subject property, is a County road. It has an approximate 18 -ft. wide pavement (in fair to good condition), with gravel/grass shoulders all within an approximate 68 -ft. right-of-way. In the interests of pedestrian and bicyclist safety, the applicant should provide a 6 -foot wide paved shoulder extending to the right-of-way property line. Pavement transitions, signs and markings, drainage improvements, and relocation of utilities may be required. 5. Access to Mahilani Street, including the provision of adequate sight distances, should meet with the approval of DPW. All driveway connections to a Mahilani Street shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. Driveways shall conform to County standards details. All sight distances shall meet the requirements of the Hawaii Statewide Uniform Design Manual or AASHTO. Install street lights, signs and markings meeting with the approval of the DPW, Traffic Division. All roads within the proposed subdivision are to be private. 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 PLNG-KONA Hawaii County is and Equa! Opportunity Provider and Employer DEPARTMENT OF WATER SUPPLY 11• COUNTY OF HAWAII 345KEKOANAO'STREET, (SUITE at'A h"FtILO l`o,�8 WAVI 96720 TELEPHONE (A 961-80501� June 28, 2004 TO: Mr. Christopher J. Yuen, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICA'T'ION (SLU 04-007) REQUEST: AGRICULTURAL TO URBAN CHANGE OF ZONE APPLICATION (REZ 04-012) REQUEST: A -5A TO RS -20 APPLICANT — LILLIAN MAHI TAX MAP KEY 7-3-011:068 We have reviewed the subject application for the proposed State Land Use Boundary Amendment and Change of Zone and have the following continents. There is an existing 1 -inch service lateral with 5/8 -inch meter servicing the parcel from the Department's 12 -inch waterline in Mamalahoa Highway. Water is available for the 3 -lot subdivision from the 12 -inch waterline in Mamalahoa Highway or the 8 -inch waterline in Malidani Drive which fronts the subject parcel. Pursuant to the Department's Rules and Regulations, a water commitment may be issued. Based on the two additional lots that are requested in the proposed Change of Zone Application, the required water commitment deposit is $300.00. Remittance of $300.00 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 coinmitment. In other words, unless a water commitment is officially effected, water availability is subject to change depending on the water situation. For the applicant's information, should the subject change of zone be approved and a subdivision application executed, final approval will be subject to the following requirements: 1. Construct necessary water system improvements, which shall include, but not be limited to, installation of a service lateral that will accommodate a 5/8 -inch meter to the additional lot. Submit installation plans prepared by a professional engineer, registered in the State of Hawaii, for review and approval. 2. Remit the prevailing facilities charge balance and capital assessment fee, which are subject to change, of $10,700.00 and $1,000.00, respectively, and are calculated as shown below. This is due and payable upon completion of the installation of the required water system improvements and prior to final subdivision approval being granted. iV�� EXBB�'05498 oler lwill' 3 /I110 Ile- s... The Departmont of We ler Supply is an Equal Opportunity provider and empla;er To file a complaint of discPlminarion, write: USDA, Director, Office of Civil Rights, Room 326 W, Whitten Bulking, 14th and Independence Avenue, SW, Washington DC 20250-9410. Or call (202) 7205964 (voice and TDD) Mr. Christopher J. YUCn, Planning Director Page 2 June 28, 2004 Facilities Charge Existing water service (previously paid) $ 0.00 Two additional water services (c� $5,500.00 each +11,000.00 Subtotal a $11,000.00 Capital Assessment Fee Two additional water services to $500.00 each $ 1.000.00 Total (Subject to Change) $12,000.00 For your information, the total facilities charge requirement, which is subject to change, is $11,000.00. 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 $10,700.00. 3. Comply with all other applicable policies and requirements of the Department's Rules and Regulations. Noncompliance may be cause for voiding this 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, Mi on D Pavao, P.E. M nager SHK:sco copy - Ms. Lillian Mahi Mr. Gregory Mooers LINDA LINGLE GOVERNOR OF HAWAII June 30, 2004 " STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES Robert Rechtman, PhD. Rechtman Consulting, Inc. HC 1 Box 4149 Keaau, Hawaii 96749 Dear Dr. Rechtman, HISTORIC PRESERVATION DIVISION KAKUHIHEWA BUILDING, ROOM 555 601 KAMOKILA BOULEVARD KAPOLEI, HAWAII 96707 PETER T. YOUNG CHAIRPERSON BOARD OF "NO AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT DAN DAVIDSON DEPUTY DIRECTOR LAND YVONNE Y. IZU OEPUTY DIRECTOR WATER AQUATIC RESOURCES BOATING AND OCEAN RECREATION BUREAU OF CONVEYANCES COMMISSION ON WATER RESOURCE MANAGEMENT CONSERVATION AND COASTAL I-AN1 CONSERVATION AND RESOURCES ENFORCEMEM ENGINEERING FORESTRYAND WILDLWE HISTORIC 10 KAHOOLAWESL4ND RESERV9C MMISSION urvD STATE PARKS LOG NO: 2004.2006 DOC NO: 0406MM26 SUBJECT: Chapter 6E-42 Historic Preservation Review, Request for Determination of "No Historic Properties Affected" Kalaoa, North Kona, Hawaii Island TMK: (3) 7-3-011:068 Thank you for your letter to Hawaii Island Assistant Archaeologist Jeanne Knapp, dated April 22, 2004 which requests a determination of "no historic properties affected,' for the subject property. Your request was made on behalf of your client, Lillian Mahi. Your request is based on a field inspection of the 1.86 acre property which was once part of Grant 3027 issued in 1866 to "Hueau." While historic marked graves are known to have existed on the adjacent parcel 56, and your investigation confirms the presence of one of these graves, no historic sites were observed on the subject property. Roughly half the property is extensively landscaped and has multiple residential structures, and the other half has been extensively graded in the past. Given these conditions, we agree that the likelihood of buried cultural deposits remaining is quite slim. Therefore, in accordance with HAR 13§13-284-5(b)1, We are issuing a determination of "no historic properties affected" for any future projects on the subject property. If you have any questions regarding this review, please feel free to contact MaryAnne Maigret in our Hawaii Island Office (329-3690) or Dr. Pat McCoy in Honolulu at 692-8029. Aloha, P. Holly McEldowney, Administrator E X R1 B I T State Historic Preservation Division MM:jen c: Chair, Hawaii���; Island Burial Council N Nathan Napoka, Branch Chief, History and Culture Branch Christopher J. Yuen, Director, Planning, 101 Pauahi Street, Suite 3, Hilo, HI 96720-3043 June 14, 2004 Mr. Christopher Yuen Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 MOOERS ENTERPRISES, LLC P.O. BOX 1 i O 1 KAMUELA, HAWAII 96743 WNININII l rrT, Re: STATE LAND USE BOUNDARY AMENDMENT (SLU 04-007) AGRICULTURAL TO URBAN CHANGE OF ZONE REQUEST (REZ 04-012) AGRICULTURAL 5 -ACRES TO RESIDENTIAL -20,000 S.F. (RS -20) PETITIONER: LILIAN MAHI TAX MAP KEY (3) 7-3-011:068 Dear Mr. Yuen: Your staff has faxed me comments on the applications identified above and asked that I respond. Fire Department: The applicant will comply with the provisions of the Fire Code. Land Use Commission: The applicant agrees that the County is the decision-making entity for the processing of these applications. If you have any questions, or if additional information is required, please contact me at 885-6839. Thank you for your prompt attention to these applications. Sincerely, GregoYy R. Mooers President GRM:Jy EX141gl7 PHONE: (808) 885-6839 E:.x: (808) 8855 1574-1 EMAIL: GMOOERS@HAWAII.RR.COM June 18, 2004 Mr. Christopher Yuen Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 ,Jjial �T Y Tr - MOOERS ENTERPRISES, LLC P.O. BOX 1 10 1 KAMUELA, HAWAII 96743 Re: STATE LAND USE BOUNDARY AMENDMENT (SLU 04-007) AGRICULTURAL TO URBAN CHANGE OF ZONE REQUEST (qEZ 04-012) AGRICULTURAL 5 -ACRES TO RESIDENTIAL -20,000 S.F. (RS -20) PETITIONER: LILIAN MAHI TAX MAP KEY (3) 7-3-011:068 Dear Mr. Yuen: Your staff has faxed me comments on the applications identified above and asked that I respond. Police Department: The subject property has historically had direct access to the subject property from Mamalahoa Highway. The applicant is not proposing to increase the number of lots that access off of Mamalahoa Highway. To extinguish this access point to proposed lot B-3 would create additional hardship and expense for Mrs. Mahi and her children. Department of Environmental Management: The applicant will comply with all regulations related to solid waste. If you have any questions, or if additional information is required, please contact me at 885-6839. Thank you for your prompt attention to these applications. Sincerely, R iP17� Grego . Mooers President GRM:jy PHONE: (808) 885-6839 FAX: (808) 885-1574 EMAIL: GMOOERS@HAWAII.RR.COM WS 0!56 MOOERS ENTERPRISES, LLC P.O. BOX 1 101 KAMUELA, HAWAII 96743 :J July 18, 2004 Mr. Christopher Yuen Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96710 Re: STATE LAND USE BOUNDARY AMENDMENT (SLU 04-007) AGRICULTURAL TO URBAN CHANGE OF ZONE REQUEST (REZ 04-012) AGRICULTURAL 5 -ACRES TO RESIDENTIAL -20,000 S.F. (RS -20) PETITIONER: LILIAN MAHI TAX MAP KEY (3) 7-3-011:068 Dear Mr. Yuen: Your staff has faxed me comments on the applications identified above and asked that I respond. Department of Public Works: All structures will comply with the building code. The applicant will comply with all regulations related to drainage and earthwork. The subject property has historically had direct access to the subject property from Mamalahoa Highway. The applicant is not proposing to increase the number of lots that access off of Mamalahoa Highway. To extinguish this access point to proposed lot B-3 would create unwarranted hardship and expense for Mrs. Mahi and her children. The applicant understands that Mahilani Street is a County road that serves the residential subdivisions below the applicant's property. Since the County has not provided paved shoulders anywhere along the entire roadway it is unfair and arbitrary to request the applicant improve the portion of the County road that fronts her property when it will have no connection to any other paved shoulder along this roadway. Access will meet with the requirements of Chapter 22. Historic Preservation Division: The applicant agrees with the "no effect" determination by SHPD. 0S62"79 PHONE: (808) 885-6839 FAx: (808) 885-1574 EMAIL: GMOOERSCHAWAII.RR.COM Christopher Yuen July 18, 2004 Page Two Department of Water Supply: The applicant will comply with the requirements of the Department. If you have any questions, or if additional information is required, please contact me at 885-6839. Thank you for your prompt attention to these applications. Sincerely, Grego . Mooers President GRM: Jy RM hi-SLU04-007.jwd 07-20-04 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION LILLIAN MAHI STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 04-007) Upon careful review of the request, the Planning Director is recommending that a favorable recommendation for the State Land Use Boundary Amendment Application 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 based upon additional information presented at the public hearing. The favorable recommendation is based on the following findings: The approval of the reclassification from the State Land Use Agricultural to the Urban District will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, the County General Plan and the Hawaii State Plan. According to the Land Use Commission Rules, one of the standards for considering an area for urban reclassification states that "In determining urban growth for the next ten years, or in amending the boundary, land contiguous with existing urban areas shall be given more consideration than non-contiguous land, and particularly when indicated for future urban use on state or county general plans." The subject property does conform to this standard as it is situated adjacent to existing urban designated lands. These lands include the Kona Highlands Subdivision as well as other adjacent urban subdivisions. The reclassification action would conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan: a. Greater opportunities for Hawaii's people to secure reasonably priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals. The orderly development of residential areas sensitive to community -1- needs and other land uses. C. Effectively accommodate the housing needs of Hawaii's people. d. Increase homeownership and rental opportunities and choices in terms of quality, location, cost, densities, style and size of housing. C. Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. The Urban District request would be consistent with the Housing goals and polices of the Hawaii County General Plan by creating residential housing opportunities. The Urban District request also conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map, which designates this area for Urban Expansion. Urban Expansion Area allows for a mix of high density, medium density, low density, industrial and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. This request is to allow an urban development, a planned low-density residential subdivision. Low Density Urban Development is defined as Residential uses at a density of four units per acre. The LUPAG Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the various land uses. The LUPAG Map establishes the basic urban and non -urban form for areas within the County. The area under consideration is consistent with the urban form established for this section of the North Kona District as depicted on the LUPAG Map. The Kona Regional Plan, adopted by Resolution No. 1 84, recommends the area for residential four (4) units per acre. The applicants' proposal is a single-family residential subdivision. It is adjacent to a residential subdivision called Kona Highlands. The proposed reclassification is for a similar urban land use designation. Thus, the requested boundary amendment would be in the direction of fulfilling the low density range plans, in this particular case. The property is situated within close proximity to the employment center of Kailua-Kona. The subject reclassification is for land located in close proximity to the -2- urban/retail/employment center of Kailua-Kona. Therefore, the reclassification conforms with the General Plan which encourages urban developments in close proximity to existing developments and to existing services and facilities. The property is or will be provided with all utilities and services, which are essential to accommodate urban development. The applicants propose to construct a 3 -lot subdivision, with lots no smaller than 20,000 square feet. According to the Department of Water Supply, water for the proposed project can be made available by the County of Hawaii from a 12 -inch waterline within Mamalahoa Highway or an 8 -inch line in Mahilani Drive which fronts the property. Electrical and telephone services are available to the property. Access to the proposed lots B-1 and B-2 will be from Mahilani Drive, which is a County owned and maintained street. Access to the proposed lot B-3 will be from an existing access onto Mamalahoa Highway, which is a State owned and maintained highway. The applicant has proposed a 10 -foot wide planting screen easement along Mamalahoa Highway fronting Lot B-1, Lot B-2 and a portion of Lot B-3. The property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U.S. Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone X, area outside of the 500 -year flood plain. Any improvements to the property must comply with Chapter 27 of the County Code relating to Flood Hazard Control. Thus, the reclassification does meet with the standard which states that the lands included within the urban district "... shall be those with satisfactory topography and drainage and reasonably free from the danger of floods, tsunami and unstable soil conditions and other adverse environmental effects." While the subject property is within the State Land Use Agricultural and County's Agricultural -5a zoned districts, it is not currently being used for active agricultural purposes. The State of Hawaii ALISH Map does not classify the subject property in any category. The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area is "E" or Very Poor. Presently, there are several structures on the property. The reclassification of this 1.8628 -acre area from the Agricultural to the Urban -3- designation will not be detrimental to the reduction of this area from the agricultural land inventory in the County of Hawaii. From a land use perspective, it is a more feasible alternative to infill urban development within this particular area of North Kona. In doing so, it would tend to alleviate the conversion of more productive agricultural lands in more appropriate locations within the North Kona area for Urban Low Density type uses. Furthermore, an Urban classification would complement the existing and future residential land use patterns of the surrounding properties in view of the adjacent Kona Highlands Subdivision. The proposed request from an Agricultural to an Urban district will not have a significant adverse impact to traditional and customary Hawaiian Rights. Investigation of valued resources: The applicant has presented the following information for the Planning Commission and the County Council to determine the valued cultural, historical, and natural resources within the area sought for rezoning: • An Archaeological Assessment of the property was performed on March 18, 2004 by Robert B. Rechtman, Ph.D. of Rechtman Consulting, LLC. On behalf of the applicant, Dr. Rechtman filed a letter with the Department of Land and Natural Resources — State Historic Preservation Division (DLNR-SHPD) requesting a "no -effect' letter. A botanical reconnaissance conducted by Ron Terry, Ph. D. and Layne Yoshida, B.A. of Geometrician Associates, LLC in March 2004. The valuable cultural historical and natural resources found in the rezoning area: An archaeological assessment of the property was conducted by Dr. Rechtman. He noted that there were no archaeological resources observed on the subject property. The botanical reconnaissance had identified a total of 83 plant species, of which only four of them were indigenous to the Hawaiian Islands. Possible adverse effect or impairment of valued resources: In a letter dated June 29, 2004, the Department of Land and Natural Resources -State Historic Preservation Division issued a "no -effect' letter stating that they believe that there are no historic properties present because residential development/urbanization has altered the land, previous grubbing/grading has altered the land and an acceptable archaeological assessment or inventory survey found no historic properties. Thus, they believe that "no historic properties will be affected" by this undertaking. A condition will be included to require the notification of the Department of Land and Natural Resources -Historic Preservation Division (DLNR-SHPD) should any archaeological sites be encountered during the course of development. The botanical reconnaissance report concluded that "no rare, threatened or endangered species as listed by the U.S. Fish and Wildlife Service was observed on or near the property, which is basically already developed. The site in its developed condition does not represent suitable habitat for threatened or endangered plant or animal species, and further subdivision and development is unlikely to adversely affect such species. The property is not adjacent and/or proximate to the shoreline. As such, gathering of marine life, fishing and coastal access is not an issue. Feasible actions to protect native Hawaiian rights: According to the applicant, portions of the project site area have been previously cleared. It would appear very unlikely that the site would be used for gathering or associated with traditional and customary Hawaiian practices. Based on the above, the approval of the State Land Use Boundary Amendment to the Urban District complements the State Land Use District Regulations and is supportive of the State of Hawaii Plan. The accompanying draft bill to amend the State Land Use Boundaries Map H-7 is provided for your favorable consideration. -5- COUNTY OF FLAWAP'14111'."��,, - STATE OF HAWAPJ BILL NO. (PLAMING DEPA IMEW ) ORDINANCE NO. AN ORDINANCE AMENDING THE STATE LAND USE BOUNDARIES MAP, H-7 FOR THE COUNTY OF HAWAII, BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL TO THE URBAN DISTRICT AT KALAOA IST AND 2ND NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-3-011:068. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. The State Land Use Boundaries Map, H-7 for the County of Hawaii, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Kalaoa 1" and 2na North Kona, Hawaii, shall be Urban: Beginning at a'/a inch pipe (found) at the Southeasterly comer of this parcel of land, being also the Northeasterly corner of Lot 1 and being a point on the Westerly side of Hawaii Belt Road (F.A.P.F-10(5)), the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA" being 4,614.00 feet South and 8,759.10 feet West and running by azimuths measured clockwise from True South: Thence, for the next six (6) courses following along the remainder of Grant 3027 to Heueu: 1. 860 20' 30" 37.95 feet along Lot 1 to a point; 2. 930 28' 30" 78.47 feet along Lot 1 to a point; 3. 950 20' 30" 104.89 feet along Lot 1 to a point; 4. 880 34' 45.03 feet along Lot 1 to a %2 inch pipe (found); 5. 930 09' 30" 4.29 feet along Lot 1 to a %2 inch pipe (found); 6. 1910 56' 383.98 feet along Lot A to a3/4 inch pipe (found); 7. 2680 17' 15" 154.77 feet along the Southerly side of Mahilani Drive to a point; Thence, following along the Westerly side of Hawaii Belt Road (F.A.P. F-10(5)) on a curve to the left with a radius of 5,769.56 feet, the chord azimuth and distance being: 8. 3550 13' 26" 249.82 feet to apoint; 9. 3530 59' 143.35 feet along the Westerly side of Hawaii Belt Road (F.A.P.F-10(5)) to the point of beginning and containing an area of 1.8629 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 3. This ordinance shall take effect upon its approval. Hilo, Hawaii Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII -2- AMENDMENT TO STATE LAND USE BOUNDARIES MAP AMENDING THE STATE LAND USE BOUNDARIES MAP, H-7 FOR THE COUNTY OF HAWAII, BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL TO THE URBAN DISTRICT AT KALAOA 1st and 2nd, NORTH KONA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK: 7-3-011:068 Date: June 1, 2004 (Lilian E. Mahi.04-147) RMA,REZ04-012.jwd 07-20-04 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION LILLIAN MAHI CHANGE OF ZONE APPLICATION (REZ 04-012) Upon careful review of the request, the Planning Director is recommending that a favorable recommendation for the Change of Zone Application 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 based upon additional information presented at the public hearing. The favorable recommendation is based on the following findings: The applicant is requesting a Change of Zone for 1.8628 acres of land from an Agricultural 5 -acre (A -5a) to a Single -Family Residential 20,000 square feet (RS -20) district. The applicant is requesting the Change of Zone to allow the subsequent subdivision of the property into three (3) 20,000+ square foot residential lots for her three children. The applicant has concurrently submitted an application for a State Land Use Boundary Amendment from the Agricultural to Urban District. The proposed request from an Agricultural (A -5a) to a Single Family Residential -20,000 square feet (RS -20) zoned district will conform to the following goals, policies and standards of the Land Use and Residential Elements of the General Plan. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through a comprehensive policy analysis approach that evaluations and decisions can be made to better time or stage developments to achieve quality growth. The implications of these evaluations and decisions must also be considered as they may have an impact on other similar areas in the County. The proposed request conforms to the following goals, policies and standards of the Land Use Element of the General Plan: -1- LAND USE * Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. * Zone urban- and rural -types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. * Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. * The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. * Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. Approval of this request would also compliment the following goals and policies of the Single Family Residential Element of the General Plan: SINGLE-FAMILY RESIDENTIAL * To maximize choices of single-family residential lots and/or housing for residents of the County. * To ensure compatible uses within and adjacent to single-family residential zoned areas. * To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. * The County shall designate and allocate single-family residential zoned lands at varying densities for future use in accordance with the needs of the communities and the stated goals, policies and standards. The proposed request would also complement the following Housing Element goals and policies by creating a mix of residential housing opportunities and maintaining a housing supply that allows a variety of choice. -2- HOUSING * Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. * Attain a diversity of socio-economic housing mix throughout the different parts of the County. * Maintain a housing supply which allows a variety of choice. * Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. * Seek sufficient production of new affordable rental and fee -simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. * Ensure that housing is available to all persons regardless of age, sex, marital status, ethnic background and income. The property is situated in an area designated as an Urban Expansion Area, which allows for a mix of high density, medium density, low density, industrial and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. The Kona Regional Plan, adopted by Resolution No. 1 84, designates the area for Residential -4 units/acre (RES 4). Furthermore, the Keahole to Kailua Development Plan adopted by the County Council by Resolution on April 3, 1991, designates the area as Existing Residential uses. Therefore, it is determined that the request conforms to the General Plan and is consistent with the General Plan LUPAG Map for this area. The property is situated within close proximity to the employment center of Kailua-Kona. The subject reclassification is for land located in close proximity to the urban/retail/employment center of Kailua-Kona. Therefore, the reclassification conforms with the General Plan which encourages urban developments in close proximity to existing developments and to existing services and facilities. While the subject property is within the State Land Use Agricultural and County's Agricultural (A -5a) zoned districts, it is not currently being used for active -3- agricultural purposes. The State Department of Agriculture's Agricultural Lands of Importance to the State of Hawaii (ALISH) Map does not classify the subject property in any category. The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area is "E" or Very Poor. Therefore, the reclassification of this 1.8628 -acre area from the Agricultural to the Single -Family Residential designation will not be detrimental to the reduction of this area from the agricultural land inventory in the County of Hawaii. From a land use perspective, it is a more feasible alternative to infill residential development within this particular area of North Kona. In doing so, it would tend to alleviate the conversion of more productive agricultural lands in more appropriate locations within the North Kona area for Urban Low Density type uses. Furthermore, the request would complement the existing and future residential land use patterns of the surrounding properties. The property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U.S. Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone X, area of minimal tsunami inundation. There are no significant drainage ways on the subject property. While there are no indications of surface water flow on-site, the applicants will abide by all applicable County guidelines for run-off generated by the development. Any improvements to the property must comply with Chapter 27 of the County Code relating to Flood Hazard Control. All utilities and services are available to the property which is essential to accommodate urban development. Water for the proposed project can be made available by the County of Hawaii from a 12 -inch waterline within Mamalahoa Highway or an 8 -inch line in Mahilam Drive which fronts the property. The wastewater from the proposed project will be disposed of by the prevailing requirements of the State Department of Health's rules and regulations to be installed by the respective homeowners. Additionally, the applicants will abide by all applicable State and County air quality and noise level control standards during the pre -construction and construction phases of the project. Access to the proposed lots B-1 and B-2 will be from Mahilani Drive, which is a County owned and maintained street. Access to the proposed lot B-3 will be from an existing access onto Mamalahoa Highway, which is a State owned and maintained highway. Although the Department of Public Works suggested that no access be gained from Mamalahoa Highway, Lot B-3 will be allowed an access from the highway since it already exists. The applicant has proposed a 10 -foot wide planting screen easement along Mamalahoa Highway fronting Lot B-1, Lot B-2 and a portion of Lot B-3. Conditions of approval will require that the 10 -foot no vehicular access planting screen easement be delineated along Lots B-1, B-2 and a portion of B-3 fronting Mamalahoa Highway to prevent any additional access from the Highway. Electrical and telephone services are available to the property. The nearest police station is located in Kealakehe, approximately seven (7) miles from the property. There is a fire station at the intersection of Palani Road and the Queen Kaahumanu Highway, approximately seven (7) miles from the site. A new fire station is planned for Kalaoa that will provide service to this site in the future. The proposed request from an Agricultural -5 acres (A -5a) to a Single Family Residential -20,000 square feet (RS -20) zoned district will not have a significant adverse impact to traditional and customary Hawaiian Rights. Investigation of valued resources: The applicant has presented the following information for the Planning Commission and the County Council to determine the valued cultural, historical, and natural resources within the area sought for rezoning: An Archaeological Assessment of the property was performed on March 18, 2004 by Robert B. Rechtman, Ph.D. of Rechtman Consulting, LLC. On behalf of the applicant, Dr. Rechtman filed a letter with the Department of Land and Natural Resources — State Historic Preservation Division (DLNR-SHPD) requesting a "no -effect" letter. A botanical reconnaissance conducted by Ron Terry, Ph. D. and Layne Yoshida, B.A. of Geometrician Associates, LLC in March 2004. -5- The valuable cultural, historical, and natural resources found in the rezoning area: An archaeological assessment of the property was conducted by Dr. Rechtman. He noted that there were no archaeological resources observed on the subject property. The botanical reconnaissance had identified a total of 83 plant species, of which only four of them were indigenous to the Hawaiian Islands. Possible adverse effect or impairment of valued resources: In a letter dated June 29, 2004, the Department of Land and Natural Resources -State Historic Preservation Division issued a "no -effect' letter stating that they believe that there are no historic properties present because residential development/urbanization has altered the land, previous grubbing/grading has altered the land and an acceptable archaeological assessment or inventory survey found no historic properties. Thus, they believe that "no historic properties will be affected" by this undertaking. A condition will be included to require the notification of the Department of Land and Natural Resources -Historic Preservation Division (DLNR-SHPD) should any archaeological sites be encountered during the course of development. The botanical reconnaissance report concluded that "no rare, threatened or endangered species as listed by the U.S. Fish and Wildlife Service was observed on or near the property, which is basically already developed. The site in its developed condition does not represent suitable habitat for threatened or endangered plant or animal species, and further subdivision and development is unlikely to adversely affect such species. The property is not adjacent and/or proximate to the shoreline. As such, gathering of marine life, fishing and coastal access is not an issue. Feasible actions to protect native Hawaiian rights: According to the applicant, portions of the project site area have been previously cleared. It would appear very unlikely that the site would be used for gathering or associated with traditional and customary Hawaiian practices. -6- Based on the above findings, this request to reclassify the subject property from an Agricultural (A -5a) to a Single Family Residential -20,000 square feet (RS -20) zoned district would result in an appropriate land use pattern that will further benefit the general public. The accompanying draft bill to amend Section 25-8-3 (North Kona Zone Map) is provided for your favorable consideration. Please note, the proposed conditions of approval are attached to the draft bill. -7- (PLANNING IEPARIMENP) 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 - 5 ACRES (A -5a) TO SINGLE FAMILY RESIDENTIAL — 20,000 SQUARE FEET (RS -20) AT KALAOA IST AND 2ND NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-3-011:068. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 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 Kalaoa 1" and 2nd, North Kona, Hawaii shall be Single Family Residential — 20,000 square feet (RS -20): Beginning at a 3/4 inch pipe (found) at the Southeasterly corner of this parcel of land, being also the Northeasterly corner of Lot 1 and being a point on the Westerly side of Hawaii Belt Road (F.A.P.F-10(5)), the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA" being 4,614.00 feet South and 8,759.10 feet West and running by azimuths measured clockwise from True South: Thence, for the next six (6) courses following along the remainder of Grant 3027 to Heueu: 1. 860 20' 30" 37.95 feet along Lot 1 to a point; 2. 930 28' 30" 78.47 feet along Lot 1 to a point; 3. 950 20' 30" 104.89 feet along Lot 1 to a point; 4. 880 34' 45.03 feet along Lot 1 to a % inch pipe (found); 5. 930 09' 30" 4.29 feet along Lot 1 to a Yz inch pipe (found); 6. 1910 56' 383.98 feet along Lot A to a'/a inch pipe (found); 7. 2680 17' 15" 154.77 feet along the Southerly side of Mahilani Drive to a point; Thence, following along the Westerly side of Hawaii Belt Road (F.A.P. F-10(5)) on a curve to the left with a radius of 5,769.56 feet, the chord azimuth and distance being: 8. 3550 13' 26" 249.82 feet to a point; 9. 3530 59' 143.35 feet along the Westerly side of Hawaii Belt Road (F.A.P.F-10(5)) to the point of beginning and containing an area of 1.8629 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code, the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (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 (B) 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. -2- SECTION 4. This ordinance shall take effect upon its approval. Hawai i Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII -3- CMAi-R Z04-012-SLU04-007jwd 07-26-04 LILLIAN MAHI CHANGE OF ZONE APPLICATION (REZ 04-012) CONDITIONS OF APPROVAL A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety (90) days from the effective date of this ordinance. C. Final subdivision approval shall be secured within five (5) years from the effective date of this ordinance. D. Access to the proposed lots, except for proposed Lot B-3, shall be from Mahilani Drive. E. A 10 -foot wide no vehicular access planting screen easement shall be delineated along all Lot B-1, B-2 and a portion of Lot B-3 fronting Mamalahoa Highway. F. All development -generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. G. Drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works in conjunction with Final Subdivision Approval. H. Restrictive covenants in the deeds of all proposed residential lots shall prohibit the construction of a second dwelling unit on each lot. A copy of the proposed covenant(s) to be recorded with the 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 approved covenant(s) shall be recited in an instrument executed by the applicant and the County and recorded with the Bureau of Conveyances for any portion of the subject property. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. -1- I. During construction, measures shall be taken to minimize the potential of both fugitive dust and runoff sedimentation. Such measures shall be in compliance with construction industry standards and practices utilized during construction projects in the State of Hawaii. J. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control of the Hawaii County Code. K. Should any undiscovered remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources — State Historic Preservation Division (DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-SHPD when it finds that sufficient mitigation measures have been taken. L. The applicant shall pay its fair share contribution to address potential regional impacts of the project with respect to roads, park, fire, police and solid waste disposal facilities. The fair share contribution shall be initially based on the representations contained within the change of zone application and may be increased or reduced proportionally if the lot counts are adjusted. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval or within five (5) years from the effective date of this change of zone ordinance, whichever occurs first. The fair share contribution for each lot shall be based on a maximum density for each lot as determined by the zoning resulting from this change of zone. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a maximum combined value of $9,671.44 per single family residential unit. Based upon the applicant's representation of intent to develop a total of two (2) additional single-family residential units, the indicated total of fair share 2- contribution is $19,342.88 for the additional single-family residential units. However, the total amount shall be increased or reduced in proportion with the actual number of units according to the calculation and payment provisions set forth in this Condition L. The fair share contribution shall be allocated as follows: $4,663.74 per single family residential unit for an indicated total of $9,327.48 to the County to support park and recreational improvements and facilities; 2. $224.98 per single family residential for an indicated total of $449.96to the County to support police facilities; $444.36 per single family residential unit for an indicated total of $888.72 to the County to support fire facilities; 4. $194.55 per single family residential unit for an indicated total of $389.10 to the County to support solid waste facilities; 5. $4,143.81 per single family residential unit for an indicated total of $8,287.62 to the State or County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicant may construct such facilities related to park, fire, police and solid waste disposal facilities subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and the approval of the Hawaii County Council. M. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. N. The applicant shall comply with all applicable laws, rules, regulations and -3- requirements of affected agencies, including those of the Department of Public Works and the Department of Health, for the proposed development. O. An annual progress report shall be submitted to the Planning Director prior to the anniversary 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 are being complied. This condition shall remain in effect until all of the conditions of approval have been satisfied and the Planning Director acknowledges that further reports are not required. P. 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 applicants, 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 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 year may be extended for up to one additional year). If the applicants should require an additional extension of time, the Planning Director shall submit the applicants' request to the County Council for appropriate action. Q. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject area to its original or more appropriate designation. A -20a A -20a II A -20a A-20aA -20a A -Y2y0a A- AGRICL (A -5a) TO V —� A- 3 8628 AC smm a m Kulanui Rd. A -5a FT_F_ A -1a A -la A -fa A -fa A -20a A -3a w A -20a A -20a 11 A -fa _A -fa A -20a RS -20 RS -20 I Geo 3Ao a um 1,360 z,No 2,720 3,400 reel 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 SINGLE-FAMILY RESIDENTIAL (RS -20) AT KALAOA 1st and 2nd, NORTH KONA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK: 7-3-011:068 Date. June 1, 2004 (Lilian E. Maht1137) AGRICL (A -5a) TO V —� SIN LE -FAM Y RE AL R -20 3 8628 AC A -20a A -20a A -fa 614.00 S A -20a A-3a OaN� 759.10 W A -fa A -20a OANUTAHEA' A -1a 5 A -5a H q2 w 0 u U t z A a T RS -20 RS -20 I Geo 3Ao a um 1,360 z,No 2,720 3,400 reel 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 SINGLE-FAMILY RESIDENTIAL (RS -20) AT KALAOA 1st and 2nd, NORTH KONA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK: 7-3-011:068 Date. June 1, 2004 (Lilian E. Maht1137)